{"id":"F2023L01645","name":"Public Service (Terms and Conditions of Employment) (Department of Employment and Workplace Relations) Determination 2023","slug":"public-service-terms-and-conditions-of-employment-department-of-employment-and-workplace-relations-d","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442208,"registerId":"F2023L01645-fast-fetch-1775957271559","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Service (Terms and Conditions of Employment) (Department of Employment and Workplace Relations) Determination 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nPublic Service (Terms and Conditions of Employment) (Department of Employment and Workplace Relations) Determination 2023\n\nI, Katy Gallagher, Minister for the Public Service, make the following determination.\n\nDated 7 December 2023    \n\nKaty Gallagher\n\nMinister for the Public Service\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  When this instrument ceases to apply\n\n6  Continued application of the 2022 and 2023 Determinations\n\n7  Interaction with the NES and the APS Award\n\nSchedule 1—Modifications of 2022 Determination and 2023 Determination\n\n2022 Determination\n\n2023 Determination\n\n \n\n1  Name\n\n  This instrument is the Public Service (Terms and Conditions of Employment) (Department of Employment and Workplace Relations) Determination 2023.\n\n2  Commencement\n\n  This instrument commences on the day after it is registered.\n\n3  Authority\n\n  This instrument is made under subsection 24(3) of the Public Service Act 1999.\n\n4  Definitions\n\n  In this instrument:\n\n2022 Determination means the Department of Employment and Workplace Relations Determination 2022/2 (Non-SES employees) pursuant to section 24(1) as in force immediately before the commencement of this instrument.\n\n2023 Determination means the Public Service (Section 24(1)—Department of Employment and Workplace Relations Non-SES Employees) Determination 2023/1, as in force immediately before the commencement of this instrument.\n\nAPS Award means the Australian Public Service Enterprise Award 2015.\n\nDepartment means the Department of Employment and Workplace Relations.\n\nFW Act means the Fair Work Act 2009.\n\nNES means the National Employment Standards in Part 2-2 of the FW Act.\n\nPS Act means the Public Service Act 1999.\n\n5  When this instrument ceases to apply\n\n  This instrument will cease to apply in relation to a non-SES employee in the Department if an enterprise agreement is made under the FW Act that covers the employee and commences operation.\n\nNote: This instrument may also be revoked or have its operation affected by a further determination made under subsection 24(3) of the PS Act.\n\n6  Continued application of the 2022 and 2023 Determinations\n\n  By force of this instrument, the 2022 Determination and the 2023 Determination continue to apply in relation to non-SES employees in the Department, subject to the modifications specified in Schedule 1 to this instrument.\n\n7  Interaction with other determinations made under the PS Act\n\n (1) To the extent possible, this instrument is to operate concurrently with any determination made under subsection 24(1) of the PS Act, including the 2022 Determination and the 2023 Determination to the extent they remain in force after the commencement of this instrument.\n\n (2) Without limiting subsection (1), this instrument does not prevent a determination made under subsection 24(1) of the PS Act increasing the amount of salaries, allowances or other monetary entitlements provided under this instrument.\n\n8  Interaction with the NES and the APS Award\n\n (1) This instrument has no effect to the extent that it would exclude the NES or any provision of the NES.\n\n (2) While this instrument is in force, the APS Award does not apply to non-SES employees in the Department.\n\nNote: The effect of this subsection is that this instrument will interact with the APS Award in the same way as an enterprise agreement. See section 57 of the FW Act.\n\n\n\n\nSchedule 1—Modifications of 2022 Determination and 2023 Determination\n\n2022 Determination\n\n1  Clause 3\n\nOmit the clause.\n\n2  Clause 4\n\nOmit “This Determination is of no effect to the extent that it reduces the benefit to an Employee of any individual term or condition applicable to the Employee under the National Employment Standards (NES) or the Australian Public Service Enterprise Award 2015 (APS Award).”.\n\n3  Annexure A, subclause 30(b)\n\nOmit the subclause.\n\n4  Annexure A, clause 33\n\nOmit the clause.\n\n5  Annexure A, clause 52\n\nOmit the clause.\n\n6  Annexure A, clause 83\n\nOmit “, which includes payment for any similar entitlement payable under the APS Award”.\n\n7  Annexure A, clause 92\n\nOmit the clause.\n\n8  Annexure A, clauses 122, 123 and 124\n\nOmit the clauses, substitute:\n\n122. The ordinary hours for full-time employees are 150 hours per four week settlement period which equates to 7 hours and 30 minutes per day.\n\n123. N/A\n\n124. For all non-shiftworker employees, the default span of hours (bandwidth) during which an employee may work their ordinary hours is 7:00 am to 7:00 pm, Monday to Friday. This bandwidth may be varied to another 12-hour period where an employee and the employee’s manager agree in writing to that change.\n\n9  Annexure A, clause 133\n\nOmit “(being made up of 147 ordinary hours plus the additional time referred to at clause 122(b))”.\n\n10  Annexure A, at the end of clause 141\n\nAdd “or an alternate bandwidth as agreed between the employee and the employer’s manager”.\n\n11  Annexure A, clause 142\n\nOmit “The additional time referred to in clause 122(b) will not be treated as time in excess of ordinary hours, but will be treated as part of an employee's ordinary hours, for the purpose of calculating the employee's flex credit.”.\n\n12  Annexure A, clause 144\n\nOmit “The additional time referred to in clause 122(b) will be treated as part of an employee's ordinary hours, for the purpose of calculating the employee's flex debit.”.\n\n13  Annexure A, clause 145\n\nOmit “The additional time referred to in clause 122(b) will be treated as part of an employee's ordinary hours, for the purpose of calculating any flex leave.”.\n\n14  Annexure A, Definitions, definition of ‘Shiftworker’\n\nOmit “or an employee who chooses to work their ordinary hours between the hours of 6:00 pm and 7:00 pm”.\n\n2023 Determination\n\n15  Section 5, at the end of the definition of ‘DEWR Determination 2022/2 (Non-SES Employees)’\n\nAdd “as it continues to apply by force of the Public Service (Terms and Conditions of Employment) (Department of Employment and Workplace Relations) Determination 2023”.\n\n16  Section 7\n\nOmit the section.\n\n17  Subsection 8(3)\n\nOmit the subsection.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument remains tightly scoped to its original purpose: setting terms and conditions for non-SES employees at a single department. It does not expand beyond the Department of Employment and Workplace Relations or attempt to regulate other agencies. The modifications are technical amendments to existing determinations rather than a broadening of regulatory scope."},"complexity_factors":["Heavily dependent on external documents: modifies two prior determinations (2022 and 2023) without reproducing their full text, requiring readers to cross-reference multiple instruments","Contains 17 specific modification clauses that omit or substitute text in the underlying determinations, creating a 'patchwork' effect","Uses defined terms that reference other legislation (Public Service Act 1999, Fair Work Act 2009) and prior determinations","Interaction clauses (sections 7-8) create layered legal effects between this instrument, the NES, the APS Award, and potential future enterprise agreements","Technical employment law concepts: 'bandwidth', 'flex credits/debits', 'settlement period', 'span of hours' require specialised knowledge"],"plain_english_summary":"This determination sets pay and conditions for DEWR non‑SES staff by extending prior workplace rules with targeted changes to working hours, flextime calculations and shiftwork status. It standardises full‑time hours (150 per four weeks) with a default 7am–7pm work bandwidth (movable by agreement), removes references to the APS Award, and simplifies flex time and shiftworker definitions.\n\nIt operates as a temporary, enforceable framework until a negotiated enterprise agreement is reached, while preserving NES protections."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The instrument alters the scope of existing DEWR non‑SES terms by continuing earlier determinations subject to explicit deletions and substitutions (s6; Schedule 1). Notable scope changes are: (a) setting ordinary hours to 150 per four‑week period and a default 7:00 am–7:00 pm bandwidth (Schedule 1, item 8); (b) removing multiple clauses related to flex time and prior APS Award references (Schedule 1, items 2–7, 11–14); (c) stating the APS Award does not apply while this instrument is in force (s8(2)); and (d) providing that the instrument ceases for an employee when an enterprise agreement covering them commences (s5)."},"complexity_factors":["Continuation-plus-modification structure: the instrument preserves two prior determinations but applies a package of targeted omissions and substitutions (s6; Schedule 1) which requires comparing texts to know the operative terms.","Interaction with external instruments: expressly preserves the NES (s8(1)), excludes the APS Award while in force (s8(2)), and defers to enterprise agreements which will terminate operation for covered employees (s5).","Operational change to hours and rostering: replaces prior ordinary-hours rules with 150 hours per four‑week settlement (Schedule 1, item 8: clauses 122–124) and sets a default 7:00 am–7:00 pm bandwidth, with manager/employee written agreement for variations (Schedule 1, items 8 and 10).","Removal of flex/credit provisions: several clauses about additional time, flex credit/debit and flex leave are omitted (Schedule 1, items 11–13), which changes payroll and time‑recording calculations and requires administrative redesign.","Coverage and cessation mechanics: the instrument operates until an enterprise agreement covering an employee commences, and may be revoked or superseded by further s24(3) determinations (s5; note to s5), creating transitional governance complexity.","Legal authority and overlap: made under PS Act s24(3) (s3) and required to operate concurrently with other s24(1) determinations where possible (s7), producing potential overlap and ordering questions between instruments.","Removal of protections referencing APS Award and prior savings clauses: omission of specified clauses that earlier preserved benefits or made comparative references (Schedule 1, items 1–7, 15–17) increases the need for legal interpretation of residual entitlements.","Managerial discretion and consent mechanics: bandwidth changes and some rostering arrangements require written agreement between employee and manager (Schedule 1, item 8), shifting some procedural burden to line managers and HR systems."],"plain_english_summary":"This determination keeps the Department of Employment and Workplace Relations’ 2022 and 2023 non‑SES employment determinations in force but modifies their terms. It sets ordinary hours to 150 per four‑week period (7.5 hours/day), fixes a default work band of 7:00 am–7:00 pm Mon–Fri, removes specified clauses including the APS Award application, preserves the National Employment Standards, and ceases for an employee once an enterprise agreement starts."}},"importantCases":[],"_links":{"self":"/api/acts/public-service-terms-and-conditions-of-employment-department-of-employment-and-workplace-relations-d","history":"/api/acts/public-service-terms-and-conditions-of-employment-department-of-employment-and-workplace-relations-d/history","analysis":"/api/acts/public-service-terms-and-conditions-of-employment-department-of-employment-and-workplace-relations-d/analysis","conflicts":"/api/acts/public-service-terms-and-conditions-of-employment-department-of-employment-and-workplace-relations-d/conflicts","importantCases":"/api/acts/public-service-terms-and-conditions-of-employment-department-of-employment-and-workplace-relations-d/important-cases","documents":"/api/acts/public-service-terms-and-conditions-of-employment-department-of-employment-and-workplace-relations-d/documents"}}