85Employment conditions after machinery of government changes—movement of APS employees

#### 85 Employment conditions after machinery of government changes—movement of APS employees (1) For the purposes of paragraph 72(5)(a) of the Act, this section prescribes arrangements for determining variations of the terms and conditions of employment applicable to an APS employee who is moved to another Agency in accordance with a determination under paragraph 72(1)(a) of the Act. (2) The annual salary that applies to the APS employee on the day the move occurs is the greater of: (a) the annual salary that applied to the APS employee immediately before the move; and (b) the annual salary that would, apart from this section, apply to the APS employee after the move. > Note: Subsections (4) and (5) deal with the variation of other terms and conditions of employment, such as leave, allowances (including allowances that may normally be paid in an employee’s fortnightly pay), travel and other expenses, bonuses etc. (3) The annual salary worked out under subsection (2) ceases to apply when the salary of the APS employee is increased by an employment arrangement. (4) Before or after the move to the other Agency, the other terms and conditions of employment of the APS employee may be varied: (a) after consultation by the Agency Head of the other Agency with: (i) the APS employee; or (ii) the APS employee and any other APS employees who are to be, or who have, moved to the other Agency; or (iii) a class of APS employees who are to be, or who have, moved to the other Agency that includes the APS employee; and (b) in accordance with a determination under subsection 24(1) of the Act to the effect that some or all of the terms and conditions of employment are to be the same as those that applied to the APS employee immediately before the move; and (c) to have effect no sooner than the day the move occurs. > Note: A determination by an Agency Head under subsection 24(1) of the Act is of no effect to the extent that it would reduce the benefit to an APS employee of a term or condition of employment applicable to the employee under: (a) a fair work instrument; or (b) a transitional instrument; or (c) a transitional minimum wage instrument; or (d) the National Employment Standards. > Note: See subsection 24(1A) of the Act. (5) However, if: (a) a determination mentioned in paragraph (4)(b) applies to the APS employee; and (b) an employment arrangement: (i) commences on or after the day the APS employee moves to the other Agency; and (ii) applies on its face to the APS employee or a class of APS employees that includes the APS employee; the determination mentioned in paragraph (4)(b) ceases to apply to the APS employee, and the terms and conditions of employment under the employment arrangement apply to the APS employee.