{"id":"F2024L01692","name":"Public Service (Terms and Conditions of Employment) (National Commission for Aboriginal and Torres Strait Islander Children and Young People) Determination 2024","slug":"public-service-terms-and-conditions-of-employment-national-commission-for-aboriginal-and-torres-stra","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442670,"registerId":"F2024L01692-fast-fetch-1775957627279","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) (National Commission for Aboriginal and Torres Strait Islander Children and Young People) 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) (National Commission for Aboriginal and Torres Strait Islander Children and Young People) Determination 2024\n\nI, Katy Gallagher, Minister for the Public Service, make the following determination.\n\nDated 12 December 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) (National Commission for Aboriginal and Torres Strait Islander Children and Young People) 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 National Commission for Aboriginal and Torres Strait Islander Children and Young People.\n\nCovered Employee means a non-SES employee engaged in the National Commission for Aboriginal and Torres Strait Islander Children and Young People to whom this Instrument applies in accordance with section 5.\n\nNational Commission for Aboriginal and Torres Strait Islander Children and Young People 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) (National Commission for Aboriginal and Torres Strait Islander Children and Young People) 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 engaged in the National Commission for Aboriginal and Torres Strait Islander Children and Young People under 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 (within the meaning of the FW Act); or\n2.     a workplace determination is made that covers the Covered Employee (within the meaning 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 are the terms and conditions of employment set out in the Enterprise Agreement, as amended by this Instrument.\n2.    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 National Commission for Aboriginal and Torres Strait Islander Children and Young People (unless context provides otherwise);\n5.     a reference in the Enterprise Agreement to \"Department\" or \"Departmental\" is a reference to the National Commission for Aboriginal and Torres Strait Islander Children and Young People (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 3 of the Enterprise Agreement (which specifies when the Enterprise Agreement commences) is omitted;\n9.      clause 4 of the Enterprise Agreement (which specifies the nominal expiry date of the Enterprise Agreement) is omitted;\n10.      clauses 10 – 15 of the Enterprise Agreement (which sets out the procedures for individual flexibility arrangements) are omitted;\n11.     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;\n12.      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;\n13.  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;\n14.     the references to \"Workplace Consultative Forum\" in clauses 90, 94 and 154 of the Enterprise Agreement are omitted and substituted with \" National Commission for Aboriginal and Torres Strait Islander Children and Young People Consultative Committee, where one is in place\";\n15.     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 National Commission for Aboriginal and Torres Strait Islander Children and Young People Consultative Committee\n\n The Commissioner may establish a National Commission for Aboriginal and Torres Strait Islander Children and Young People Consultative Committee to discuss relevant workplace matters.\n\n A National Commission for Aboriginal and Torres Strait Islander Children and Young People 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) (National Commission for Aboriginal and Torres Strait Islander Children and Young People) 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 of the Enterprise Agreement (which provide for the dispute resolution procedure) (as modified by subsection 7(2) of this Instrument) are:\n\n\n1.     a term or condition of employment applying to a Covered Employee; and\n2.     for the purposes of paragraph 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":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The instrument takes the Department of Social Services Enterprise Agreement 2024–2027 and applies it, with specified amendments, to National Commission non‑SES employees (section 5; section 7(1)–(2)). It replaces departmental and Secretary references with the Commissioner/Commission, omits multiple clauses (including commencement, nominal expiry, individual flexibility, some pay-related clauses and remote locality assistance) (section 7(2) items 8–13, 3–6, 11–13), establishes a Commission Consultative Committee in place of the former Workplace Consultative Forum (section 7(2)(14)–(15)), ceases to apply when an enterprise agreement or FW workplace determination covers the employee (section 6), and excludes the APS Award while in force (section 10(2))."},"complexity_factors":["Relies on an external Enterprise Agreement text (Enterprise Agreement defined and incorporated) requiring cross-reference to that instrument for full effect (Definitions).","Numerous targeted textual substitutions and omissions to the Enterprise Agreement (see section 7(2) items 1–15) increase drafting and interpretive complexity.","Cessation rules tie application to Fair Work constructs (enterprise agreement commencement or workplace determination) and require interaction with the FW Act (section 6).","Interaction with statutory minimums: the instrument preserves the NES and expressly displaces the APS Award while in force, creating layering of instruments (section 10).","Commissioner discretion to establish a Consultative Committee and to be treated as the Secretary/Department in multiple places (section 7(2)(2)–(6), (14)–(15)).","Temporal mapping issues: references to the Agreement's commencement and omitted commencement/expiry clauses are remapped to this Instrument's commencement (section 7(2)(7)–(9); section 2).","Authority and concurrent operation with other PS Act determinations can lead to overlapping monetary entitlements and requires coordination (sections 3 and 9)."],"plain_english_summary":"This determination applies the Department of Social Services Enterprise Agreement 2024–2027, as amended, to all non‑SES employees of the National Commission for Aboriginal and Torres Strait Islander Children and Young People. It substitutes the Commissioner and Commission for Departmental references, omits specified clauses (including nominal expiry, individual flexibility, certain pay adjustments and some remote locality assistance) and permits the Commissioner to establish a Consultative Committee. Covered employees stay on these terms until an enterprise agreement or a Fair Work workplace determination applies; while in force the APS Award does not apply."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing terms and conditions for employees of the newly created National Commission for Aboriginal and Torres Strait Islander Children and Young People. It does not expand beyond this specific administrative function."},"complexity_factors":["Heavy reliance on external documents: the entire instrument is essentially a 'wrapper' around the Department of Social Services Enterprise Agreement 2024-2027, which is not reproduced in full","15 specific textual amendments required to adapt the borrowed enterprise agreement (section 7(2)), including substitution of defined terms and omission of specific clauses","Cross-references to multiple external statutes: Public Service Act 1999, Fair Work Act 2009, and the APS Award","Conditional application: instrument ceases to apply if an enterprise agreement or workplace determination later covers these employees (section 6)","Interaction clauses requiring concurrent operation with other determinations (section 9) and preservation of National Employment Standards (section 10)"],"plain_english_summary":"This instrument makes the Department of Social Services Enterprise Agreement 2024–2027 apply to non‑SES staff of the new National Commission for Aboriginal and Torres Strait Islander Children and Young People, with targeted changes (replacing Department/Secretary references with the Commissioner and removing inapplicable clauses like start/expiry rules, individual flexibility arrangements, some special payments, old remote assistance, and the Department’s consultative forum). It quickly establishes pay and conditions for the Commission’s staff while ceasing to apply once the Commission adopts its own agreement or determination."}},"importantCases":[],"_links":{"self":"/api/acts/public-service-terms-and-conditions-of-employment-national-commission-for-aboriginal-and-torres-stra","history":"/api/acts/public-service-terms-and-conditions-of-employment-national-commission-for-aboriginal-and-torres-stra/history","analysis":"/api/acts/public-service-terms-and-conditions-of-employment-national-commission-for-aboriginal-and-torres-stra/analysis","conflicts":"/api/acts/public-service-terms-and-conditions-of-employment-national-commission-for-aboriginal-and-torres-stra/conflicts","importantCases":"/api/acts/public-service-terms-and-conditions-of-employment-national-commission-for-aboriginal-and-torres-stra/important-cases","documents":"/api/acts/public-service-terms-and-conditions-of-employment-national-commission-for-aboriginal-and-torres-stra/documents"}}