{"id":"F2020L00078","name":"Public Service (Terms and Conditions of Employment) (Services Australia—Non-SES Employees) Determination 2020","slug":"public-service-terms-and-conditions-of-employment-services-australia-non-ses-employees-determination","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440358,"registerId":"F2020L00078-fast-fetch-1775956018227","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) (Services Australia—Non-SES Employees) Determination 2020","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) (Services Australia—Non‑SES Employees) Determination 2020\n\nI, Greg Hunt, Minister Assisting the Prime Minister for the Public Service and Cabinet, make the following determination.\n\nDated 30 January 2020\n\nGreg Hunt\n\nMinister Assisting the Prime Minister for the Public Service and Cabinet\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\nPart 2—Non‑medical APS employees\n\n5 Application of this Part to non‑medical APS employees\n\n6 When this Part ceases to apply to non‑medical APS employees\n\n7 Terms and conditions of employment—non‑medical APS employees\n\n8 Procedure for dealing with disputes\n\n9 Superannuation salary for PSSap members\n\nPart 3—Medical APS employees\n\n10 Application of this Part to medical APS employees\n\n11 When this Part ceases to apply to medical APS employees\n\n12 Terms and conditions of employment—medical APS employees\n\n13 Procedure for dealing with disputes\n\n14 Superannuation salary for PSSap members\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Public Service (Terms and Conditions of Employment) (Services Australia—Non-SES Employees) Determination 2020.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 February 2020. 1 February 2020\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\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\nAct means the Public Service Act 1999.\n\nDHS Agreement means the Department of Human Services Agreement 2017‑2020, as in force immediately before the commencement of this instrument.\n\nNote: The DHS Agreement could in 2020 be viewed on the Fair Work Commission’s website (https://www.fwc.gov.au).\n\nDHS Medical Officers Agreement means the Department of Human Services Medical Officers Agreement 2018‑2021, as in force immediately before the commencement of this instrument.\n\nNote: The DHS Medical Officers Agreement could in 2020 be viewed on the Fair Work Commission’s website (https://www.fwc.gov.au).\n\nServices Australia means Services Australia, established as an Executive Agency under section 65 of the Public Service Act 1999.\n\nPart 2—Non‑medical APS employees\n\n \n\n5  Application of this Part to non‑medical APS employees\n\n  This Part applies to an APS employee in Services Australia, other than:\n\n (a) an SES employee; or\n\n (b) an employee whose classification under the Classification Rules is one of the following:\n\n (i) Medical Officer Class 2;\n\n (ii) Medical Officer Class 3;\n\n (iii) Medical Officer Class 4;\n\n (iv) Medical Officer Class 5.\n\n6  When this Part ceases to apply to non‑medical APS employees\n\n  This Part ceases to apply to an APS employee if:\n\n (a) an enterprise agreement starts to apply to the employee (for the purposes of the Fair Work Act 2009); or\n\n (b) a workplace determination is made that covers the employee (for the purposes of the Fair Work Act 2009).\n\nNote: A workplace determination operates from the day on which it is made (see section 276 of the Fair Work Act 2009).\n\n7  Terms and conditions of employment—non‑medical APS employees\n\n (1) The terms and conditions of employment applying to an APS employee to whom this Part applies are the terms and conditions of employment set out in the DHS Agreement, as that Agreement has effect under this section.\n\n (2) The DHS Agreement has effect as if:\n\n (a) a reference in that Agreement to the Secretary of the Department of Human Services were a reference to the Chief Executive Officer of Services Australia; and\n\n (b) a reference in that Agreement to an employee of the Department of Human Services covered by that Agreement were a reference to an APS employee to whom this Part applies; and\n\n (c) subclause A3.3 of that Agreement (which specifies the nominal expiry date of that Agreement) were omitted; and\n\n (d) an individual flexibility arrangement for an APS employee to whom this Part applies that is taken, under section 202 of the Fair Work Act 2009, to be a term of that Agreement (in relation to the employee) did not provide that the individual flexibility arrangement ceases if that Agreement ceases to apply to the employee.\n\n (3) If a determination under subsection 24(1) of the Act provides for an increased amount of salary for a classification set out in Schedule 2 to the DHS Agreement, the amount of salary set out in Schedule 2 to the DHS Agreement for that classification ceases to have effect on the commencement of that determination.\n\n (4) If a determination under subsection 24(1) of the Act provides for an increased amount of an allowance provided for in the DHS Agreement, the amount of that allowance set out in the DHS Agreement ceases to have effect on the commencement of that determination.\n\n8  Procedure for dealing with disputes\n\n  For the avoidance of doubt, clause A10 (which provides for a dispute resolution procedure) of the DHS Agreement, as that Agreement has effect under section 7 of this instrument, is:\n\n (a) a term or condition of employment applying to an APS employee to whom this Part applies; and\n\n (b) for the purposes of paragraph 738(d) of the Fair Work Act 2009, a term that provides a procedure for dealing with disputes arising under this instrument.\n\n9  Superannuation salary for PSSap members\n\n  For the purposes of paragraph 2.2.3(fa) of the Schedule to the Superannuation (PSSAP) Trust Deed, the superannuation salary of an APS employee to whom this Part applies, and who is a PSSap member, is the employee’s ordinary time earnings.\n\nPart 3—Medical APS employees\n\n \n\n10  Application of this Part to medical APS employees\n\n  This Part applies to an APS employee in Services Australia whose classification under the Classification Rules is one of the following:\n\n (a) Medical Officer Class 2;\n\n (b) Medical Officer Class 3;\n\n (c) Medical Officer Class 4.\n\n11  When this Part ceases to apply to medical APS employees\n\n  This Part ceases to apply to an APS employee if:\n\n (a) an enterprise agreement starts to apply to the employee (for the purposes of the Fair Work Act 2009); or\n\n (b) a workplace determination is made that covers the employee (for the purposes of the Fair Work Act 2009).\n\nNote: A workplace determination operates from the day on which it is made (see section 276 of the Fair Work Act 2009).\n\n12  Terms and conditions of employment—medical APS employees\n\n (1) The terms and conditions of employment applying to an APS employee to whom this Part applies are the terms and conditions of employment set out in the DHS Medical Officers Agreement, as that Agreement has effect under this section\n\n (2) The DHS Medical Officers Agreement has effect as if:\n\n (a) a reference in that Agreement to the Secretary of the Department of Human Services were a reference to the Chief Executive Officer of Services Australia; and\n\n (b) a reference in that Agreement to an employee of the Department of Human Services covered by that Agreement were a reference to an APS employee to whom this Part applies; and\n\n (c) subclause A3.3 of that Agreement (which specifies the nominal expiry date of that Agreement) were omitted; and\n\n (d) an individual flexibility arrangement for an APS employee to whom this Part applies that is taken, under section 202 of the Fair Work Act 2009, to be a term of that Agreement (in relation to the employee) did not provide that the individual flexibility arrangement ceases if that Agreement ceases to apply to the employee.\n\n (3) If a determination under subsection 24(1) of the Act provides for an increased amount of salary for a classification set out in Schedule 2 to the DHS Medical Officers Agreement, the amount of salary set out in Schedule 2 to the DHS Medical Officers Agreement for that classification ceases to have effect on the commencement of that determination.\n\n (4) If a determination under subsection 24(1) of the Act provides for an increased amount of an allowance provided for in the DHS Medical Officers Agreement, the amount of that allowance set out in the DHS Medical Officers Agreement ceases to have effect on the commencement of that determination.\n\n13  Procedure for dealing with disputes\n\n  For the avoidance of doubt, clause A10 (which provides for a dispute resolution procedure) of the DHS Medical Officers Agreement, as that Agreement has effect under section 12 of this instrument, is:\n\n (a) a term or condition of employment applying to an APS employee to whom this Part applies; and\n\n (b) for the purposes of paragraph 738(d) of the Fair Work Act 2009, a term that provides a procedure for dealing with disputes arising under this instrument.\n\n14  Superannuation salary for PSSap members\n\n  For the purposes of paragraph 2.2.3(fa) of the Schedule to the Superannuation (PSSAP) Trust Deed, the superannuation salary of an APS employee to whom this Part applies, and who is a PSSap member, is the employee’s ordinary time earnings.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: preserving existing employment conditions during an agency restructure. It does not expand beyond this transitional role."},"complexity_factors":["Extensive cross-referencing to external documents (DHS Agreement 2017-2020 and DHS Medical Officers Agreement 2018-2021) which are not reproduced in the instrument","Multiple statutory references requiring external knowledge (Public Service Act 1999, Fair Work Act 2009, Superannuation (PSSAP) Trust Deed, Classification Rules)","Conditional logic in sections 7(3), 7(4), 12(3), and 12(4) regarding override by future determinations","Deeming provisions that modify external agreements (sections 7(2) and 12(2)) through 'as if' substitutions and omissions","Parallel structure between Parts 2 and 3 creating near-duplicate provisions with slight variations","Technical superannuation terminology (PSSap, ordinary time earnings, superannuation salary) requiring specialist knowledge"],"plain_english_summary":"This instrument preserves and restates the existing Department of Human Services workplace agreements as the governing pay and conditions for most Services Australia employees (APS non‑SES staff and medical officers), updating names and references so there’s no gap from the agency rename. It keeps dispute procedures and individual flexibility arrangements, removes expiry dates, clarifies PSSap superannuation salary treatment, and allows later government pay determinations to override preserved rates — ensuring continuity of employment conditions."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument itself applies existing DHS enterprise agreements to Services Australia employees until replaced by an enterprise agreement or workplace determination (ss6,11). It omits the DHS Agreements' nominal expiry clause (ss7(2)(c),12(2)(c)) and preserves individual flexibility arrangements (ss7(2)(d),12(2)(d)); it does not in its text expand or narrow the classes of employees beyond those stated (ss5,10)."},"complexity_factors":["Incorporation of external agreements by reference rather than standalone terms (ss7(1),12(1))","Cross-references to Fair Work Act mechanisms for cessation (ss6,11)","Interaction with Public Service Act determinations for salary/allowance changes (ss7(3)-(4),12(3)-(4))","Preservation and treatment of individual flexibility arrangements (ss7(2)(d),12(2)(d))","Separate treatment and classification rules for medical vs non-medical employees (ss5,10)","Explicit inclusion of an external dispute resolution clause (clause A10) as a contractual term (ss8,13)","Dependence on external texts (DHS Agreement and DHS Medical Officers Agreement) whose content must be consulted to determine detailed entitlements (Definitions)"],"plain_english_summary":"This instrument applies the Department of Human Services enterprise agreements to Services Australia non‑SES and specified medical APS employees by treating references to the DHS Secretary and DHS employees as references to Services Australia’s CEO and its employees, and by carrying over dispute and flexibility terms (ss7(1)-(2),12(1)-(2),8,13). It sets pay/allowance updates to follow Public Service Act determinations (ss7(3)-(4),12(3)-(4)), ends when an enterprise agreement or workplace determination applies (ss6,11), and sets PSSap super salary as ordinary time earnings (ss9,14)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/public-service-terms-and-conditions-of-employment-services-australia-non-ses-employees-determination","history":"/api/acts/public-service-terms-and-conditions-of-employment-services-australia-non-ses-employees-determination/history","analysis":"/api/acts/public-service-terms-and-conditions-of-employment-services-australia-non-ses-employees-determination/analysis","conflicts":"/api/acts/public-service-terms-and-conditions-of-employment-services-australia-non-ses-employees-determination/conflicts","importantCases":"/api/acts/public-service-terms-and-conditions-of-employment-services-australia-non-ses-employees-determination/important-cases","documents":"/api/acts/public-service-terms-and-conditions-of-employment-services-australia-non-ses-employees-determination/documents"}}