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Determination under subsection 24(3) – SES employees moved between APS agencies to give effect to the Administrative Arrangements Orders made by the Governor-General in Council on 18 September 2013
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Turn the raw legal text into a practical explanation grounded in Determination under subsection 24(3) – SES employees moved between APS agencies to give effect to the Administrative Arrangements Orders made by the Governor-General in Council on 18 September 2013.
1A. This Determination applies to a Senior Executive Service employee who will be moved from the Australian Agency for International Development (AusAID) to the Department of Foreign Affairs and Trade (DFAT) by determination in writing under section 72(1)(a) of the Public Service Act 1999 to give effect to the order made by the Administrator of the Commonwealth of Australia acting with the advice of the Federal Executive Council on 17 October 2013, pursuant to section 65 of the Public Service Act 1999, which has the effect of abolishing AusAID as an Executive Agency on 1 November 2013 (Moving Aid Employee).
1B. For the purpose of this Determination, in relation to a Moving Aid Employee:
(a) AusAID is the employee’s Losing Agency; and
(b) DFAT is the employee’s Gaining Agency.
Period of operation
This Determination takes effect on and from 18 September 2013.
This Determination will continue in force until:
(a) it is replaced in its entirety by another determination made under section 24(3) of the Public Service Act 1999; or (b) it is revoked.
This Determination ceases to apply to an employee if:
(a) an Agency Head makes a determination pursuant to section 24(1) of the Public Service Act 1999 setting out the terms and conditions of employment that apply to the employee, and that determination is expressed to replace this Determination in its entirety; or (b) an Agency Head and the employee enter into a written common law agreement which sets out the terms and conditions of employment that apply to the employee, and that common law agreement is expressed to replace this Determination in its entirety; or (c) an enterprise agreement that covers the employee commences operation; or (d) the employee commences employment in an APS agency that is not a Gaining Agency to which the employee was moved by determination in writing under section 72(1)(a) of the Public Service Act 1999 (whether by engagement as an APS employee pursuant to section 22(1) of the Public Service Act 1999 or by movement from another APS agency pursuant to section 26 or 27 of the Public Service Act 1999).
Operation of other instruments
Employees to whom this Determination applies will not be covered by:
(a) any enterprise agreement (other than an enterprise agreement that commences operation after the date on which this Determination takes effect).
Terms and conditions applying to employees
The terms and conditions of employment (including remuneration) of:
(a) a Moving Employee shall be the same as they would have been if the Governor-General in Council had not made the Administrative Arrangements Orders on 18 September 2013; (b) a Moving Aid Employee shall be the same as they would have been if the Administrator of the Commonwealth of Australia had not made the order on 17 October 2013 abolishing AusAID as an Executive Agency, except that any reference in the terms and conditions to the relevant Losing Agency is substituted with a reference to the relevant Gaining Agency.
It is not inconsistent with this Determination for an Agency Head to make a determination pursuant to section 24(1) of the Public Service Act 1999 supplementing the terms and conditions of employment that apply to an employee by operation of this Determination.
Policies, guidelines and procedures that applied to the employee in the Losing Agency
This clause 8 applies where the terms and conditions of employment preserved by operation of clause 6 refer to various policies, guidelines and procedures (however described) which applied to the employee’s employment in the Losing Agency. Any such policies, guidelines and procedures:
(a) will continue to apply to the employee in their current form, except to the extent that a policy, guideline or procedure is not capable of meaningful operation because of the movement of the employee to the Gaining Agency; and (b) do not form part of this Determination and this Determination prevails over any policies, guidelines or procedures to the extent of any inconsistency.