{"id":"F2024L01176","name":"Public Service (Terms and Conditions of Employment) (Domestic, Family and Sexual Violence Commission) Determination 2024","slug":"public-service-terms-and-conditions-of-employment-domestic-family-and-sexual-violence-commission-det","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442587,"registerId":"F2024L01176-fast-fetch-1775957559816","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) (Domestic, Family and Sexual Violence Commission) Determination 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL]\"\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nPublic Service (Terms and Conditions of Employment) (Domestic, Family and Sexual Violence Commission) Determination 2024\n\nI, Katy Gallagher, Minister for the Public Service, make the following determination.\n\nDated     10 September 2024                \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  Application of this Instrument\n\n6  When this Instrument ceases to apply to Covered Employees\n\n7  Terms and conditions of employment\n\n8  Procedure for dealing with disputes\n\n9  Interaction with other determinations made under the PS Act\n\n10  Interaction with the NES and the APS Award\n\n \n\n \n\n1  Name\n\n  This instrument is the Public Service (Terms and Conditions of Employment) (Domestic, Family and Sexual Violence Commission) Determination 2024.\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\nAPS Award means the Australian Public Service Enterprise Award 2015.\n\nCommissioner means the Commissioner of the Domestic, Family and Sexual Violence Commission.\n\nCovered Employee means a non-SES employee employed in the Domestic, Family and Sexual Violence Commission to whom this Instrument applies in accordance with section 5.\n\nDomestic, Family and Sexual Violence Commission means the Executive Agency of that name established under section 65 of the PS Act.\n\nInstrument means the Public Service (Terms and Conditions of Employment) (Domestic, Family and Sexual Violence Commission) Determination 2024.\n\nEnterprise Agreement means the Department of Social Services Enterprise Agreement 2024-2027, as in operation immediately before the commencement of this Instrument.\n\nNote: The Enterprise Agreement could in 2024 be viewed on the Fair Work Commission’s website (https://www.fwc.gov.au).\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  Application of this Instrument\n\n  This Instrument applies to all non-SES employees employed in the Domestic, Family and Sexual Violence Commission pursuant to the PS Act.\n\n6  When this Instrument ceases to apply to Covered Employees\n\n  This Instrument ceases to apply to a Covered Employee if:\n\n1.     an enterprise agreement starts to apply to the Covered Employee (for the purposes of the FW Act); or\n2.     a workplace determination is made that covers the Covered Employee (for the purposes of the FW Act).\n\n\nNote: A workplace determination operates from the day on which it is made (see section 276 of the FW Act).\n\n7  Terms and conditions of employment\n\n1.     The terms and conditions of employment applying to a Covered Employee:\n\n\n1.     are the terms and conditions of employment set out in the Enterprise Agreement, as amended by this Instrument; and\n2.     are not any of the terms and conditions of employment set out in the APS Award.\n\n\n1.    The terms and conditions set out in the Enterprise Agreement (as applied by operation of subsection (1)) are amended as follows:\n\n\n1.     where the Enterprise Agreement uses the term \"Agreement\" to refer to the Enterprise Agreement, the reference to \"Agreement\" is a reference to the Enterprise Agreement as applied by this Instrument (unless context provides otherwise);\n2.     a reference in the Enterprise Agreement to \"the Secretary of the Department of Social Services\" is a reference to the Commissioner;\n3.     a reference in the Enterprise Agreement to \"Secretary\" is a reference to the Commissioner;\n4.     a reference in the Enterprise Agreement to \"the Department of Social Services\" is a reference to the Domestic, Family and Sexual Violence Commission (unless context provides otherwise);\n5.     a reference in the Enterprise Agreement to \"Department\" or \"Departmental\" is a reference to the Domestic, Family and Sexual Violence Commission (unless context provides otherwise);\n6.      a reference in the Enterprise Agreement to an \"employee\" is a reference to a Covered Employee;\n7.     a reference to \"commencement of the Agreement\" is a reference to the commencement of this Instrument;\n8.     clause 4 of the Enterprise Agreement (which specifies the nominal expiry date of the Enterprise Agreement) is omitted;\n9.      clauses 10 – 15 of the Enterprise Agreement (which sets out the procedures for individual flexibility arrangements) are omitted;\n10.      clause 18.1 of the Enterprise Agreement (which provides that the base salaries in Attachment A of the Enterprise Agreement include a 4.0 per cent increase from the first full pay period on or after 1 March 2024 (14 March 2024)) is omitted;\n11.     clauses 20 – 21 of the Enterprise Agreement (which provides for one-off payments when an employee's salary is above the top of the range pay point for their classification upon commencement of the Enterprise Agreement) is omitted;\n12.      clauses 412 – 414 and Table 2 (which provide for remote locality assistance for certain employees who were in receipt of such assistance on 1 May 2012) are omitted;\n13.  the references to \"Workplace Consultative Forum\" in clauses 90, 94 and 154 of the Enterprise Agreement are omitted and substituted with \" Domestic, Family and Sexual Violence Commission Consultative Committee, where one is in place\";\n14.     the heading \"Workplace Consultative Forum\" preceding clause 437 and clauses 437 to 442 of the Enterprise Agreement (which sets out the operation of the Department of Social Service's Workplace Consultative Forum) are omitted and are substituted with the following:\n\n\n Domestic, Family and Sexual Violence Commission Consultative Committee\n\n The Commissioner may establish a Domestic, Family and Sexual Violence Commission Consultative Committee to discuss relevant workplace matters.\n\n A Domestic, Family and Sexual Violence Commission Consultative Committee will operate subject to an agreed terms of reference and structure for the term of the Public Service (Terms and Conditions of Employment) (Domestic, Family and Sexual Violence Commission) Determination 2024. Representation on the committee will be in accordance with the terms of reference.\n\n1.     Clause 452 (which deals with the maintenance of disputes notified under the Department of Social Services Enterprise Agreement 2018 to 2021) is omitted.\n\n\n8  Procedure for dealing with disputes\n\n1.    For the avoidance of doubt, clauses 444 to 451 (which is the term that provides for the dispute resolution procedure) of the Enterprise Agreement (as modified by subsection 7(1)) of this Instrument is:\n\n\n1.     a term or condition of employment applying to a Covered Employee; and\n2.     for the purposes of section 738(d) of the FW Act, a term that provides for a procedure or dealing with disputes arising under this Instrument.\n\n\n9  Interaction with other determinations made under the PS Act\n\n1.    To the extent possible, this Instrument is to operate concurrently with any determination made under subsection 24(1) of the PS Act.\n2.    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\n\n10  Interaction with the NES and the APS Award\n\n1.    This Instrument has no effect to the extent that it would exclude the NES or any provision of the NES.\n2.    While this Instrument is in force, the APS Award does not apply to Covered Employees.\n\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","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument changes the scope of who is governed by the Department of Social Services Enterprise Agreement by applying it (with amendments) to non‑SES employees of the Domestic, Family and Sexual Violence Commission and by displacing the APS Award while in force (clause 5; clause 7(1); clause 10). It also removes and alters specified EA provisions and allows cessation when a new enterprise agreement or workplace determination covers the employee (clause 6)."},"complexity_factors":["Relies on an external enterprise agreement as the substantive source of terms (Definitions; clause 7(1)).","Numerous textual substitutions required (employer, officer and term references) increasing drafting and interpretive work (clause 7(1) subpts 2–7).","Specific omissions of multiple EA clauses (flexibility procedures, nominal expiry, specified pay adjustments, one‑off payments, remote locality assistance) create gaps that must be interpreted (clause 7(1) subpts 8–12, 15 and 16).","Preserves the EA dispute‑resolution procedure and links it to the FW Act dispute rule (clause 8(1); references section 738(d) FW Act), creating cross‑statute interaction.","Cessation triggers based on later enterprise agreements or workplace determinations require administration tracking coverage changes (clause 6).","Interaction with the NES and APS Award limits and exclusions requires concurrent operation analysis (clause 10).","Allows administrative discretion to establish a Commission consultative committee, creating implementation variability (clause 7(1) subpt 14).","Made under PS Act subsection 24(3), so authority is statutory but dependent on other determinations for pay increases (clause 3; clause 9)."],"plain_english_summary":"This determination makes the Department of Social Services Enterprise Agreement 2024–2027 the employment terms for non‑SES staff of the Domestic, Family and Sexual Violence Commission, with targeted text changes and omissions. While in force it displaces the APS Award and keeps the EA’s dispute procedure. It matters because it sets pay, leave and consultative arrangements for Commission employees by transplanting and amending another agency’s enterprise agreement and ends when a new enterprise agreement or workplace determination covers the employee."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: establishing terms and conditions for employees of the newly created Domestic, Family and Sexual Violence Commission. It does not expand beyond this specific transitional employment arrangement."},"complexity_factors":["14 specific amendments to the adopted Enterprise Agreement requiring cross-referencing between instruments","Multiple substitution rules for defined terms (Secretary → Commissioner, Department → Commission, etc.)","Conditional cessation triggers in section 6 (enterprise agreement or workplace determination commencement)","Interaction provisions with other determinations, the NES (National Employment Standards), and the APS Award requiring knowledge of multiple legislative frameworks","Omission of specific numbered clauses (10-15, 18.1, 20-21, 412-414, 437-442, 452) requiring reference to external document","Note references to Fair Work Act sections (57, 276, 738) creating implicit cross-references"],"plain_english_summary":"This instrument applies the Department of Social Services Enterprise Agreement 2024–2027 to non‑SES staff of the new Domestic, Family and Sexual Violence Commission, with tailored changes (replacing employer references, removing non‑applicable clauses and old locality/consultative forum and certain pay provisions, and creating a Commission Consultative Committee). It gives the new agency immediate, clear workplace rules without drafting a fresh agreement, and ceases to apply if staff become covered by a new enterprise agreement or workplace determination."}},"importantCases":[],"_links":{"self":"/api/acts/public-service-terms-and-conditions-of-employment-domestic-family-and-sexual-violence-commission-det","history":"/api/acts/public-service-terms-and-conditions-of-employment-domestic-family-and-sexual-violence-commission-det/history","analysis":"/api/acts/public-service-terms-and-conditions-of-employment-domestic-family-and-sexual-violence-commission-det/analysis","conflicts":"/api/acts/public-service-terms-and-conditions-of-employment-domestic-family-and-sexual-violence-commission-det/conflicts","importantCases":"/api/acts/public-service-terms-and-conditions-of-employment-domestic-family-and-sexual-violence-commission-det/important-cases","documents":"/api/acts/public-service-terms-and-conditions-of-employment-domestic-family-and-sexual-violence-commission-det/documents"}}