{"id":"F2024L00210","name":"Public Service (Terms and Conditions of Employment) (Parliamentary Workplace Support Service) Determination 2024","slug":"public-service-terms-and-conditions-of-employment-parliamentary-workplace-support-service-determinat","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442286,"registerId":"F2024L00210-fast-fetch-1775957337999","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) (Parliamentary Workplace Support Service) Determination 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nPublic Service (Terms and Conditions of Employment) (Parliamentary Workplace Support Service) Determination 2024\n\nI, Katy Gallagher, Minister for the Public Service, make the following determination.\n\nDated 26 February 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 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\n1  Name\n\n  This instrument is the Public Service (Terms and Conditions of Employment) (Parliamentary Workplace Support Service) 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\nAgency Head means the Chief Executive Officer of the Parliamentary Workplace Support Service.\n\nEmployee means a non-SES employee employed in the Parliamentary Workplace Support Service to whom this instrument applies.\n\nEnterprise Agreement means the enterprise agreement approved by the Fair Work Commission on 8 February 2024 and known as the Department of Finance Enterprise Agreement 2024-2027, as in operation immediately before the commencement of this instrument.\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 Parliamentary Workplace Support Service under the Public Service Act 1999.\n\n6  When this instrument ceases to apply to Employees\n\n  This instrument will cease to apply to an Employee if:\n\n(a)    an enterprise agreement is made under the FW Act that covers the Employee and commences operation; or\n\n(b)    a workplace determination is made under the FW Act that covers the Employee.\n\nNote: A workplace determination operates from the day on which it is made (see section 276 of the Fair Work Act 2009).\n\nThis instrument may also be revoked or have its operation affected by a further determination made under subsection 24(3) of the PS Act.\n\n7  Terms and conditions of employment\n\n (1) By force of this instrument, the terms and conditions of employment applying to an Employee to whom this instrument applies are the terms and conditions of employment set out in the Enterprise Agreement.\n\n (2) The terms and conditions set out in the Enterprise Agreement (as applied by operation of subsection (1)) are amended as follows:\n\n1. a reference in the Enterprise Agreement to the Department of Finance is a reference to the Parliamentary Workplace Support Service (unless context provides otherwise);\n2. a reference in the Enterprise Agreement to Finance is a reference to the Parliamentary Workplace Support Service (unless context provides otherwise);\n3. a reference in the Enterprise Agreement to an employee covered by that Agreement is a reference to an Employee to whom this instrument applies;\n4. a reference in the Enterprise Agreement to the Secretary of the Department of Finance is a reference to the Agency Head; and\n5. a reference in the Enterprise Agreement to the Agreement is a reference to the Agreement as applied by this instrument (unless context provides otherwise).\n\n\n8  Procedure for dealing with disputes\n\n (1) For the avoidance of doubt, clauses 496 to 505 (which is the term that provides for the dispute resolution procedure) of the Enterprise Agreement (as modified by operation of subsection (1)) is:\n\n1. a term or condition of employment applying to an Employee to whom this instrument applies and\n2. for the purposes of section 738(d) of the Fair Work Act 2009, 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\n (1) To the extent possible, this instrument is to operate concurrently with any determination made under subsection 24(1) of the PS Act.\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\n10  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 Parliamentary Workplace Support Service.\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":3,"scope_assessment":{"changed":true,"description":"This instrument changes scope by applying the Department of Finance Enterprise Agreement (as modified) to non‑SES employees of the Parliamentary Workplace Support Service and suspending application of the APS Award while it is in force; it ceases when an FW Act enterprise agreement or workplace determination covers the employee (see ss5,7(1),10(2),6)."},"complexity_factors":["Relies on an external instrument (Department of Finance Enterprise Agreement) rather than setting standalone terms – readers must consult that Agreement to see substantive entitlements (s7(1)).","Performs multiple textual substitutions (references to Department/Secretary replaced by Parliamentary Workplace Support Service/Agency Head), which requires careful contextual reading to avoid misapplication (s7(2)).","Interacts with other statutory instruments and regimes: can be displaced by FW Act enterprise agreements or workplace determinations and must not exclude the NES (ss6,10(1)).","Explicitly makes the Agreement’s dispute procedure a statutory mechanism for dealing with disputes under this instrument, linking PS Act and FW Act procedures (s8).","Cross‑references and legal hooks (s24(3) PS Act authority; section 738(d) FW Act relevance) mean legal effect depends on interpreting multiple Acts and clauses."],"plain_english_summary":"This determination makes the Department of Finance Enterprise Agreement 2024–2027 (with textual substitutions) the terms and conditions of employment for non‑SES staff of the Parliamentary Workplace Support Service. It imports pay, leave and dispute‑resolution provisions and displaces the APS Award while in force, continuing until an FW Act enterprise agreement or workplace determination covers those employees (see sections 5–7, 6, 10). Mechanically, the Parliamentary Workplace Support Service becomes the employing agency responsible for paying entitlements, adopted under the Minister’s s24(3) PS Act power (section 3, 7)."},"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":3,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the limited, technical function its title suggests: applying existing employment terms to a specific new agency. There is no scope creep — it does not expand beyond setting terms and conditions for PWSS non-SES employees."},"complexity_factors":["Short instrument: only 10 sections and a definitions section","Minimal defined terms: only 7 definitions, all straightforward (acronyms and entity names)","Simple conditional logic: only one operative mechanism (applying another document with substitutions)","Single cross-reference pattern: relies entirely on incorporating the Finance Enterprise Agreement by reference rather than drafting original terms","No nested exceptions or complex temporal provisions beyond standard commencement and cessation triggers","Clear sunset clause: automatic cessation upon enterprise agreement coverage"],"plain_english_summary":"This workplace determination sets pay and conditions for non‑SES staff at the Parliamentary Workplace Support Service by adopting the Department of Finance Enterprise Agreement 2024–27, substituting PWSS-specific names and titles. It preserves National Employment Standards, replaces the APS Award while in force, and will cease to apply if PWSS later gets its own enterprise agreement or determination. It matters because it quickly gives the new agency an established employment framework without fresh bargaining."}},"importantCases":[],"_links":{"self":"/api/acts/public-service-terms-and-conditions-of-employment-parliamentary-workplace-support-service-determinat","history":"/api/acts/public-service-terms-and-conditions-of-employment-parliamentary-workplace-support-service-determinat/history","analysis":"/api/acts/public-service-terms-and-conditions-of-employment-parliamentary-workplace-support-service-determinat/analysis","conflicts":"/api/acts/public-service-terms-and-conditions-of-employment-parliamentary-workplace-support-service-determinat/conflicts","importantCases":"/api/acts/public-service-terms-and-conditions-of-employment-parliamentary-workplace-support-service-determinat/important-cases","documents":"/api/acts/public-service-terms-and-conditions-of-employment-parliamentary-workplace-support-service-determinat/documents"}}