Public Service (Terms and Conditions of Employment) (Biosecurity and Veterinarian Employees) Determination 2020

This determination fixes the nominal terms and conditions of employment for two sets of Australian Public Service employees in the Department of Agriculture, Water and the Environment by importing and modifying an existing enterprise agreement and related determinations. Mechanically, it does three things.

First, it creates two separate application regimes. Part 2 applies to APS employees in the Biosecurity Operations Division, excluding SES employees and specified meat inspector classifications (see s 5). Part 3 applies to employees whose local classification is a veterinarian title but who are not in the Biosecurity Operations Division and who are not SES employees (see ss 10 and the definition of veterinarian‑classified employee).

Second, for each cohort the instrument declares that the terms and conditions of employment are those set out in the Department of the Environment and Energy Enterprise Agreement 2016-2019 (the DEE Agreement) as in force immediately before this determination, but with a package of substitutions, omissions and incorporations (see ss 7, 8, 12 and 13). Those changes include:

expressing the DEE Agreement as if references to the Department of the Environment and Energy or its employees were references to the Department of Agriculture, Water and the Environment and the employees covered by the relevant Part (ss 8(2)(a)-(b), 13(2)(a)-(b));
omitting particular clauses of the DEE Agreement (for example clause 1.5 and selected subclauses, ss 8(2)(c), 13(2)(c));
importing specific provisions and pay/allowance tables from the Department of Agriculture and Water Resources Enterprise Agreement 2017-20 (DAWR Agreement) (ss 8(2)(d), 8(4), 13(2)(d), 13(4)); and
substituting pay and allowance columns with the rates shown in the DEE Salaries and Allowances Determination (ss 8(3)(b)-(c), 8(6)).

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Commonwealth Coat of Arms of Australia

Public Service (Terms and Conditions of Employment) (Biosecurity and Veterinarian Employees) Determination 2020

I, Greg Hunt, Minister Assisting the Prime Minister for the Public Service and Cabinet, make the following determination.

Dated 30 January 2020

Greg Hunt

Minister Assisting the Prime Minister for the Public Service and Cabinet

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

Part 2—Biosecurity employees

5 Application of this Part

6 When this Part ceases to apply

7 Terms and conditions of employment

8 DEE (Biosecurity) Agreement

9 Procedure for dealing with disputes

Part 3—Veterinarian employees who are not biosecurity employees

10 Application of this Part

11 When this Part ceases to apply

12 Terms and conditions of employment

13 DEE (Veterinarian) Agreement

14 Procedure for dealing with disputes

Part 1—Preliminary

1 Name

This instrument is the Public Service (Terms and Conditions of Employment) (Biosecurity and Veterinarian Employees) Determination 2020.

2 Commencement

(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.

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this instrument 1 February 2020. 1 February 2020

Note: 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.

(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.

3 Authority

This instrument is made under subsection 24(3) of the Public Service Act 1999.

4 Definitions

In this instrument:

Act means the Public Service Act 1999.

biosecurity legislation means the Biosecurity Act 2015, the Export Control Act 1982 and the Imported Food Control Act 1992 and instruments made under those Acts.

Biosecurity Operations Division means the Division of the Department of Agriculture, Water and the Environment that is responsible for the following in relation to the biosecurity legislation:

(a) documentation assessment (import and export) and clearance;

(b) inspection of (imported and exported) cargo, mail, passengers and vessels pathways, post border detections, imported food and human health on behalf of the Department of Health;

(d) veterinary and food safety regulatory functions for the export of meat, meat products, (import and export) live animals and animal genetic material;

(e) provision of independent observers on export livestock vessels;

(f) post‑entry quarantine facilities for the importation of dogs, cats, horses, ruminants, bees, birds and plants;

(g) stakeholders and client contact services and support;

(h) community and industry engagement including a network of Indigenous ranger groups undertaking biosecurity activities;

(i) surveillance (pre‑border, border and post‑border) and response for plant pests and animal diseases on natural and regulated pathways;

(j) laboratory diagnostics, with scientific and biosecurity advice, and training for the Department’s surveillance, border inspections and post‑entry plant quarantine.

DAWR Agreement means the Department of Agriculture and Water Resources Enterprise Agreement 2017‑20, as in force immediately before the commencement of this instrument.

Note: The DAWR Agreement could in 2020 be viewed on the Fair Work Commission’s website (https://www.fwc.gov.au).

DEE Agreement means the Department of the Environment and Energy Enterprise Agreement 2016–2019.

Note: The DEE Agreement could in 2020 be viewed on the Fair Work Commission’s website (https://www.fwc.gov.au).

DEE (Biosecurity) Agreement: see section 8.

DEE Salaries and Allowances Determination means the Determination under subsection 24(1) of the Public Service Act 1999 made on 30 September 2019 by the Secretary of the Department of the Environment and Energy.

DEE (Veterinarian) Agreement: see section 13.

Department of Agriculture, Water and the Environment means the Department of that name referred to in the Administrative Arrangements Order made on 5 December 2019.

Department of the Environment and Energy means the Department of that name referred to in the Administrative Arrangements Order made on 29 May 2019.

veterinarian‑classified employee means an APS employee of the Department of Agriculture, Water and the Environment whose local title is one of the following:

(a) On‑Plant Veterinarian;

(b) one of the following grades of Veterinarian:

(i) VO1;

(ii) VO2;

(iii) VO3;

(iv) VO4;

(v) VO5.

Part 2—Biosecurity employees

5 Application of this Part

This Part applies to an APS employee in the Biosecurity Operations Division, other than:

(a) an SES employee; or

(b) an APS employee whose classification under the Classification Rules is one of the following:

(i) APS Meat Inspector 1;

(ii) APS Meat Inspector 2;

(iii) APS Meat Inspector 3;

(iv) APS Meat Inspector 4.

6 When this Part ceases to apply

This Part ceases to apply to an APS employee if:

(a) an enterprise agreement (other than the DEE Agreement) starts to apply to the employee (for the purposes of the Fair Work Act 2009); or

(b) a workplace determination is made that covers the employee (for the purposes of the Fair Work Act 2009).

Note: A workplace determination operates from the day on which it is made (see section 276 of the Fair Work Act 2009).

7 Terms and conditions of employment

The terms and conditions of employment applying to an APS employee to which this Part applies:

(a) are all of the terms and conditions of employment set out in the DEE (Biosecurity) Agreement; and

(b) are not any of the terms and conditions of employment set out in the DEE Agreement.

8 DEE (Biosecurity) Agreement

(1) DEE (Biosecurity) Agreement means the DEE Agreement, as in force immediately before the commencement of this instrument, as that Agreement has effect under this section.

DEE Agreement—general

(2) The DEE Agreement has effect as if:

(a) a reference in the DEE Agreement to an employee in the Department of the Environment and Energy covered by that Agreement were a reference to an APS employee to which this Part applies; and

(b) a reference in the DEE Agreement to the Department were a reference to the Department of Agriculture, Water and the Environment; and

(i) clause 1.5 (nominal expiry date);

(ii) the second sentence of clause 6.10 (approval of at least one period of at least 5 consecutive days of annual leave per calendar year); and

(d) the following provisions of the DAWR Agreement, as that Agreement has effect under subsections (5) to (9) of this section, were included in the DEE Agreement:

(i) clause 3.11 (definition of ordinary rate of pay);

(ii) clause 3.14 (definition of shift worker);

(iii) clause 20.12 (when flex‑time arrangements are not available);

(iv) clause 34.1 (classification structure);

(v) clause 34.2 (classification structure barriers);

(vi) clause 34.3 (transitional arrangements);

(vii) clause 34.4 (on‑plant veterinarian (OPV) induction);

(viii) clause 34.6 (APS 3 to APS 4 biosecurity broadband);

(ix) table 2 in Schedule 1 (veterinarian classification and salaries);

(x) table 5 in Schedule 1 (on‑plant veterinarian induction salaries);

(xi) clause 1 of Schedule 2 (transitional arrangements);

(xii) table 1 in Schedule 2.

Substitution of DEE Agreement provisions

(3) The DEE Agreement has effect as if:

(a) each provision of the DEE Agreement specified in column 1 of an item of the following table were omitted and substituted with the updated provision specified in column 2 of that item; and

(b) the columns of the table in Schedule 1 to the DEE Agreement (classification structure and pay rates) dealing with pay rates for classifications were omitted and substituted with the column dealing with salary rates for those classifications headed “2% increase ‑ 30 November 2019” in Table 1 of the Schedule of the DEE Salaries and Allowances Determination; and

(c) the columns of the table in Schedule 2 to the DEE Agreement (allowances) dealing with allowance rates were omitted and substituted with the column headed “2% increase ‑ 30 November 2019” in Table 2 in the Schedule to the DEE Salaries and Allowances Determination.

Provisions of the DEE Agreement being substituted with updated provisions
Item Column 1Provision of DEE Agreement Column 2Updated provision
1 clause 3.3 (standard working day) The standard working day for employees who are not regional employees or OPV employees is considered to be 8.30 am to 12.30 pm and 1.30 pm to 5.00 pm (seven hours and 30 minutes per day) Monday to Friday.The standard working day for regional employees and OPV employees is considered to be 7.30 am to 12.00 pm and 12.30 pm to 3.30 pm (seven hours and 30 minutes per day) Monday to Friday.
2 clause 3.5 (bandwidth) The bandwidth during which employees who are not regional employees or OPV employees may work their ordinary hours will be 12 hours in length, Monday to Friday, usually 7.00 am to 7.00 pm.The bandwidth during which regional employees and OPV employees may work their ordinary hours will be 12 hours in length, Monday to Friday, usually 6.30 am to 6.30 pm.

Substitution of DEE Agreement provisions with DAWR Agreement provisions

(4) The DEE Agreement has effect as if each of the provisions of the DEE Agreement specified in column 1 of an item of the following table were omitted and substituted with the provisions of the DAWR Agreement specified in column 2 of that item, as the DAWR Agreement has effect under subsections (5) to (9) of this section.

DEE Agreement provisions being omitted and substituted with DAWR Agreement provisions
Item Column 1DEE Agreement provisions Column 2DAWR Agreement provisions
1 clause 4.5 (casual loading) clauses 18.1 to 18.5 (casual employment)
2 clause 3.11 (meal breaks) clause 19 (breaks)
3 clauses 3.59 to 3.71 (shiftwork and fixed daily hours) clauses 21.1 to 21.12 (shift work)
4 clauses 3.48 to 3.55, 3.57 and 3.58 (overtime duty) and 5.2 (overtime meal allowance) clauses 22.1 to 22.13 (overtime)
5 clauses 3.43 to 3.47 (Christmas closedown) clause 68 (Christmas closedown)

DAWR Agreement—general

(5) For the purposes of paragraph (2)(d) and subsection (4) of this section, the DAWR Agreement has effect as if:

(a) a reference in the DAWR Agreement to an employee in the Department of Agriculture and Water Resources covered by that Agreement were a reference to an APS employee to which this Part applies; and

(b) a reference in the DAWR Agreement to the department were a reference to the Department of Agriculture, Water and the Environment; and

(c) a reference in the DAWR Agreement to the secretary were a reference to the Secretary of the Department of Agriculture, Water and the Environment; and

(d) a reference in the DAWR Agreement to the Act were a reference to the Fair Work Act 2009; and

(e) a reference in the DAWR Agreement to a standard day were a reference to a standard working day; and

(f) a reference in the DAWR Agreement to span of hours were a reference to bandwidth; and

(g) a reference in the DAWR Agreement to a public holiday were a reference to a public holiday as defined by the National Employment Standards.

Substitution of DAWR Agreement provisions

(6) For the purposes of paragraph (2)(d) and subsection (4), the DAWR Agreement has effect as if each provision of the DAWR Agreement mentioned in column 1 of an item of the following table were omitted and substituted with the updated provision set out in column 2 of that item.

Updated forms of provisions of the DAWR Agreement being included in DEE Agreement
Item Column 1Provision of DAWR Agreement Column 2Updated provision
1 clause 18.4 (casual employment) For any given day you will only be paid one loading and the shift work (refer clause 21), overtime (refer clause 22) and emergency duty (refer clause 3.56) provisions of this Agreement do not apply to you.
2 clause 20.12 (when flex‑time arrangements are not available) Flex‑time arrangements are not available if you are an on‑plant veterinarian.
3 clause 21.1 (shift work) As a shift worker your ordinary hours are averaged over a roster settlement period.
4 clause 21.9 (shift work) If you are requested or required to perform duty when rostered off, you will be paid under the overtime provisions (refer clause 22), unless you are recalled to duty under clause 3.56.
5 clause 22.2 (overtime) Unless the secretary otherwise approves, you are not eligible to receive overtime payments if you are an executive level employee.
6 clause 22.3(a) (overtime) outside your ordinary days and/or span of hours; or
7 clause 22.3(d) (overtime) outside your specified ordinary hours and/or days worked or rostered days and/or hours if you are a shift worker if you work part‑time (refer clause 3.4); or
8 clause 22.6 (overtime) When you are requested and work overtime in accordance with clause 22.3(b), the half hour in excess of your 7.5 ordinary hours, for which overtime is not paid, will accrue as flex‑time. lf flex‑time is not available, time off in lieu will accrue on a ‘time‑for‑time’ basis to be taken as agreed with your manager.
9 clause 34.1 (classification structure) The classification structure outlined at Schedule 1 of this Agreement comprises the following discipline specific streams:(a) veterinarian;(b) on‑plant veterinarian (OPV) induction.
10 clause 34.2 (classification structure barriers) Where classification structure barriers exist, other than the entry level APS 3 to APS 4 biosecurity broadband (refer clause 34.6), movement through the barrier will be based on:(a) work availability; and(b) a merit selection process.
11 clause 34.3 (transitional arrangements) The transitional arrangements at Schedule 2 apply to the veterinarian discipline specific stream.
12 clause 34.4 (on‑plant veterinarian (OPV) induction (a) On commencing employment you will be classified as an APS 6 and paid the OPV induction pay point within Table 5 of Schedule 1.(b) Upon successful completion of the OPV induction program, you will be advanced to the APS 6.06 pay point within Table 2 of Schedule 1.
13 clause 34.6 (APS3 to APS4 biosecurity broadband) If you are an employee who:(a) was moved to the department by the Public Service (Machinery of government changes) Determination (No. 6) 2020; and(b) immediately before that movement, was participating in the program under this clause; you will advance through the barrier to an APS 4 biosecurity officer, subject to work availability and a merit based selection process if you have:(c) successfully completed the program; and(d) received a rating of meets expectations or higher under the performance management process.
14 clause 1 of Schedule 2 (transitional arrangements) (a) If you are an employee who:(i) was moved to the department by the Public Service (Machinery of government changes) Determination (No. 6) 2020; and(ii) immediately before that movement, was classified and paid at any of the pay points within the classification structure at Table 1 below; you will continue to be assigned that classification and pay point.(b) You will have access to any higher pay points within your classification in accordance with the pay point progression provisions of this Agreement (refer clauses 4.49 to 4.51).(c) Transitioning to the new veterinarian classification structure at Table 2 of Schedule 1 will occur on promotion following a merit based selection process.

(7) For the purposes of paragraph (2)(d) and subsection (4), the DAWR Agreement has effect as if table 2 in Schedule 1 to the DAWR Agreement (veterinarian classification and salaries) were omitted and substituted with the following updated table.

Updated table 2 in Schedule 1 to the DAWR Agreement (veterinarian classification and salaries) being included in DEE Agreement
Column 1APS classification & pay point Column 2Local designation Column 3Salary
EL 2.10 VO5 144 429
EL 2.09 142 717
Barrier
EL 2.08 VO4 140 124
EL 2.07 137 685
EL 2.06 136 655
EL 2.05 135 400
EL 2.04 131 326
EL 1.08 VO3 129 108
EL 1.07 124 891
EL 1.06 120 619
APS 6.08 VO2 116 282
APS 6.07 107 187
APS 6.06 98 052
APS 6.05 93 713
APS 6.04 91 519
APS 6.03 89 007
APS 5.04 VO1 79 206
APS 5.03 77 483
APS 5.02 75 396

(8) For the purposes of paragraph (2)(d) and subsection (4), the DAWR Agreement has effect as if table 5 in Schedule 1 to the DAWR Agreement (on‑plant veterinarian induction salaries) were omitted and substituted with the following updated table.

Updated table 5 in Schedule 1 to the DAWR Agreement (on‑plant veterinarian induction salaries) being included in DEE Agreement
Column 1APS classification & pay point Column 2Salary
APS 6.08 116 282
APS 6.07 107 187
APS 6.06 98 052
OPV induction point 71 071

(9) For the purposes of paragraph (2)(d) and subsection (4), the DAWR Agreement has effect as if table 1 in Schedule 2 to the DAWR Agreement (previous veterinarian structure) were omitted and substituted with the following updated table.

Updated table 1 in Schedule 2 to the DAWR Agreement (previous veterinarian structure) being included in DEE Agreement
Column 1APS classification & pay point Column 2Local designation Column 3Salary
EL 2.06 V03 136 655
EL 2.05 135 400
EL 2.04 131 326
EL 2.03 129 108
EL 2.02 124 891
EL 2.01 120 619

Cessation of pay and allowance rates under this Part if increased by a determination under subsection 24(1) of the Act—DEE Agreement provisions

(10) If a determination under subsection 24(1) of the Act provides for an increased amount of salary for a classification set out in the table in Schedule 1 to the DEE Agreement (classification structure and pay rates), the pay rate that applies under paragraph (3)(b) of this section for that classification ceases to have effect on the commencement of that determination.

(11) If a determination under subsection 24(1) of the Act provides for an increased amount of an allowance set out in the table in Schedule 2 to the DEE Agreement (allowances), the allowance rate that applies under paragraph (3)(c) of this section for that allowance ceases to have effect on the commencement of that determination.

Cessation of salary rates under this Part if increased by a determination under subsection 24(1) of the Act—DAWR Agreement provisions

(12) If a determination under subsection 24(1) of the Act provides for an increased amount of salary for a classification set out in a table in subsection (7), (8) or (9) of this section (veterinarian classifications and salaries), the pay rate set out in that table for that classification ceases to have effect on the commencement of that determination.

9 Procedure for dealing with disputes

For the avoidance of doubt, clauses 2.24 to 2.31 (resolution of agreement disputes) of the DEE (Biosecurity) Agreement:

(a) are terms or conditions of employment applying to an APS employee to which this Part applies; and

(b) for the purposes of paragraph 738(d) of the Fair Work Act 2009, are terms that provide a procedure for dealing with disputes arising under this Part.

Part 3—Veterinarian employees who are not biosecurity employees

10 Application of this Part

This Part applies to a veterinarian‑classified employee who:

(a) is in a Division other than the Biosecurity Operations Division; and

(b) is not an SES employee.

11 When this Part ceases to apply

This Part ceases to apply to an APS employee if:

(a) an enterprise agreement (other than the DEE Agreement) starts to apply to the employee (for the purposes of the Fair Work Act 2009); or

(b) a workplace determination is made that covers the employee (for the purposes of the Fair Work Act 2009).

Note: A workplace determination operates from the day on which it is made (see section 276 of the Fair Work Act 2009).

12 Terms and conditions of employment

The terms and conditions of employment applying to an APS employee to which this Part applies:

(a) are all of the terms and conditions of employment set out in the DEE (Veterinarian) Agreement; and

(b) are not any of the terms and conditions of employment set out in the DEE Agreement.

13 DEE (Veterinarian) Agreement

(1) DEE (Veterinarian) Agreement means the DEE Agreement, as in force immediately before the commencement of this instrument, as that Agreement has effect under this section.

DEE Agreement—general

(2) The DEE Agreement has effect as if:

(a) a reference in the DEE Agreement to an employee in the Department of the Environment and Energy covered by that Agreement were a reference to an APS employee to which this Part applies; and

(b) a reference in the DEE Agreement to the Department were a reference to the Department of Agriculture, Water and the Environment; and

(d) the following provisions of the DAWR Agreement, as that Agreement has effect under subsections (4) to (7) of this section, were included in the DEE Agreement:

(i) clause 34.1 (classification structure);

(ii) clause 34.3 (transitional arrangements);

(iii) table 2 in Schedule 1 (veterinarian classification and salaries);

(iv) clause 1 of Schedule 2 (transitional arrangements);

(v) table 1 in Schedule 2.

Substitution of DEE Agreement provisions—allowances

(3) The DEE Agreement has effect as if the columns of the table in Schedule 2 to the DEE Agreement (allowances) dealing with allowance rates were omitted and substituted with the column headed “2% increase ‑ 30 November 2019” in Table 2 in the Schedule to the DEE Salaries and Allowances Determination.

DAWR Agreement—general

(4) For the purposes of paragraph (2)(d), the DAWR Agreement has effect as if:

(a) a reference in the DAWR Agreement to an employee in the Department of Agriculture and Water Resources covered by that Agreement were a reference to an APS employee to which this Part applies; and

(b) a reference in the DAWR Agreement to the department were a reference to the Department of Agriculture, Water and the Environment; and

(c) a reference in the DAWR Agreement to the secretary were a reference to the Secretary of the Department of Agriculture, Water and the Environment; and

(d) a reference in the DAWR Agreement to the Act were a reference to the Fair Work Act 2009; and

(e) a reference in the DAWR Agreement to a standard day were a reference to a standard working day; and

(f) a reference in the DAWR Agreement to span of hours were a reference to bandwidth; and

(g) a reference in the DAWR Agreement to a public holiday were a reference to a public holiday as defined by the National Employment Standards.

Substitution of DAWR Agreement provisions

(5) For the purposes of paragraph (2)(d), the DAWR Agreement has effect as if each provision of the DAWR Agreement mentioned in column 1 of an item of the following table were omitted and substituted with the updated provision set out in column 2 of that item.

Updated forms of provisions of the DAWR Agreement being included in DEE Agreement
Item Column 1Provision of DAWR Agreement Column 2Updated provision
1 clause 34.1 (classification structure) The classification structure outlined at Schedule 1 of this Agreement comprises the veterinarian discipline specific stream.
2 clause 34.3 (transitional arrangements) The transitional arrangements at Schedule 2 apply to the veterinarian discipline specific stream.
3 clause 1 of Schedule 2 (transitional arrangements) (a) If you are an employee who:(i) was moved to the department by the Public Service (Machinery of government changes) Determination (No. 6) 2020; and(ii) immediately before that movement, was classified and paid at any of the pay points within the classification structure at Table 1 below; you will continue to be assigned that classification and pay point.(b) You will have access to any higher pay points within your classification in accordance with the pay point progression provisions of this Agreement (refer clauses 4.49 to 4.51).(c) Transitioning to the new veterinarian classification structure at Table 2 of Schedule 1 will occur on promotion following a merit based selection process.

(6) For the purposes of paragraph (2)(d), the DAWR Agreement has effect as if table 2 in Schedule 1 to the DAWR Agreement (veterinarian classification and salaries) were omitted and substituted with the updated table in subsection 8(7) of this instrument.

(7) For the purposes of paragraph (2)(d), the DAWR Agreement has effect as if table 1 in Schedule 2 to the DAWR Agreement (previous veterinarian structure) were omitted and substituted with the updated table in subsection 8(9) of this instrument.

Cessation of allowance rates under this Part if increased by a determination under subsection 24(1) of the Act

(8) If a determination under subsection 24(1) of the Act provides for an increased amount of an allowance set out in the table in Schedule 2 of the DEE Agreement (allowances), the allowance rate that applies under subsection (3) of this section for that allowance ceases to have effect on the commencement of that determination.

Cessation of salary rates under this Part if increased by a determination under subsection 24(1) of the Act—DAWR Agreement provisions

(9) If a determination under subsection 24(1) of the Act provides for an increased amount of salary for a classification set out in a table in subsection 8(7), (8) or (9) of this instrument (veterinarian classifications and salaries), the pay rate set out in that table for that classification ceases to have effect on the commencement of that determination.

14 Procedure for dealing with disputes

For the avoidance of doubt, clauses 2.24 to 2.31 (resolution of agreement disputes) of the DEE (Veterinarian) Agreement:

(a) are terms or conditions of employment applying to an APS employee to which this Part applies; and

(b) for the purposes of paragraph 738(d) of the Fair Work Act 2009, are terms that provide a procedure for dealing with disputes arising under this Part.

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Public Service (Terms and Conditions of Employment) (Biosecurity and Veterinarian Employees) Determination 2020

I, Greg Hunt, Minister Assisting the Prime Minister for the Public Service and Cabinet, make the following determination.

Dated 30 January 2020

Greg Hunt

Minister Assisting the Prime Minister for the Public Service and Cabinet

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

Part 2—Biosecurity employees

5 Application of this Part

6 When this Part ceases to apply

7 Terms and conditions of employment

8 DEE (Biosecurity) Agreement

9 Procedure for dealing with disputes

Part 3—Veterinarian employees who are not biosecurity employees

10 Application of this Part

11 When this Part ceases to apply

12 Terms and conditions of employment

13 DEE (Veterinarian) Agreement

14 Procedure for dealing with disputes

Part 1—Preliminary

1 Name

This instrument is the Public Service (Terms and Conditions of Employment) (Biosecurity and Veterinarian Employees) Determination 2020.

2 Commencement

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this instrument 1 February 2020. 1 February 2020

Note: 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.

The instrument is structured around a small number of legal and industrial-conceptual mechanisms: application by cohort, incorporation by reference with substitution, cessation triggers, and the importation of dispute procedures. Understanding these mechanisms is key to implementation.

Application by cohort: The determination defines covered cohorts narrowly. Part 2 applies to APS employees in the Biosecurity Operations Division, except SES employees and four meat‑inspector classifications (see s 5). Part 3 applies to veterinarian‑classified employees outside the Biosecurity Operations Division and not SES (see s 10 and the definition of veterinarian‑classified employee). Those definitions determine who receives the re-cast DEE Agreement terms.

Incorporation by reference and substitution: Rather than drafting bespoke terms, the instrument operates mainly by declaring that the DEE Agreement, as in force immediately before commencement, applies to the covered employees, but "as if" a series of modifications were made (ss 8(1)-(3), 13(1)-(3)). Key modifications include:

treating references to the DEE Department and its employees as references to the Department of Agriculture, Water and the Environment and the covered APS employees (ss 8(2)(a)-(b), 13(2)(a)-(b));
omitting specified clauses of the DEE Agreement (ss 8(2)(c), 13(2)(c));
substituting specific DEE Agreement provisions with DAWR Agreement provisions and updated text (ss 8(3)-(4), 8(6), 13(4)-(6)); and
replacing pay and allowance table columns with the "2% increase ‑ 30 November 2019" column from the DEE Salaries and Allowances Determination (s 8(3)(b)-(c), 13(3)).

This "as if" language means the instrument performs a textual re-write of the enterprise agreement for the specified cohort. The substituted terms include working hours, span/bandwidth, shift work and overtime rules, casual employment rules, classification structure, transitional arrangements and specific veterinarian pay tables (see ss 8(3)-(9), 8(4), 8(6)-(9), and similar provisions in Part 3).

Cessation triggers and override mechanics: The instrument does not lock terms in permanently. It ceases to apply to an employee when another enterprise agreement (other than the DEE Agreement) starts to apply or a workplace determination covers them (ss 6, 11). Separately, the instrument acknowledges the Secretary of the Department can, by a determination under subsection 24(1) of the Public Service Act 1999, alter salary or allowance amounts; should that occur for a listed classification or allowance, the pay or allowance rate incorporated by this instrument ceases on commencement of the new determination (ss 8(10)-(12), 13(8)-(9)).

Dispute resolution: The instrument expressly makes clauses 2.24 to 2.31 of the DEE (Biosecurity) Agreement and DEE (Veterinarian) Agreement applicable as the dispute procedures for matters arising under this determination (ss 9 and 14). It also treats those clauses, for the purposes of paragraph 738(d) of the Fair Work Act 2009, as providing the procedure for disputes under the instrument.

Interplay with Fair Work and Public Service Act frameworks: The instrument sits inside two statutory webs. It is made under s 24(3) of the Public Service Act 1999 (s 3). It repeatedly cross-references the Fair Work Act 2009 when describing cessation by enterprise agreement, the effect of workplace determinations, and for certain definitions like public holiday (see ss 6, 11, 8(5)(d),(g), 13(4)(d),(f)). The instrument therefore maps enterprise agreement content into the APS landscape while preserving the interaction with the Fair Work Act procedures.

Operational tables and pay/allowance detail: The instrument does not invent pay scales. It imports specific pay tables from the DAWR Agreement but then updates them to concrete salary figures in Table forms included in the instrument (see ss 8(7)-(9)). It also ties allowance columns to a named determination (DEE Salaries and Allowances Determination, made 30 September 2019) and specifies a particular column for inclusion (s 8(3)(b)-(c), 13(3)).

In short, the main concepts are targeted coverage, textual transplantation and modification of an existing enterprise agreement together with selected DAWR Agreement items, temporal cessation triggers linked to Fair Work processes and s 24(1) determinations, and the incorporation of specific pay and allowance figures. The instrument achieves continuity of industrial terms for a defined group without creating a standalone enterprise agreement, by operating through "as if" textual substitution and named determinations (see ss 7-9, 12-14).

The determination identifies narrow, specific classes of APS employees and administrative actors who will be affected. The key affected groups and decision-makers are described below with the relevant sections cited.

Primary employee groups

Biosecurity Operations Division employees (Part 2): The instrument applies to APS employees in the Biosecurity Operations Division of the Department of Agriculture, Water and the Environment, except senior executive service (SES) employees and those with the local classifications APS Meat Inspector 1-4 (see s 5). Those employees are subject to the DEE (Biosecurity) Agreement terms as modified by this instrument (s 7).
Veterinarian‑classified employees outside Biosecurity Operations Division (Part 3): The instrument applies to employees whose local title is one of the designated veterinarian classifications (On‑Plant Veterinarian, VO1-VO5) and who are in Divisions other than the Biosecurity Operations Division, provided they are not SES employees (see definition of veterinarian‑classified employee and s 10). These employees are covered by the DEE (Veterinarian) Agreement as modified (s 12).

Note on overlaps and exclusions: The definition of veterinarian‑classified employee is explicit; a veterinarian‑classified employee who is situated in the Biosecurity Operations Division falls under Part 2, not Part 3, because Part 2 applies to the Biosecurity Operations Division (s 5). Meat inspectors are explicitly excluded from Part 2 (s 5(b)(i)-(iv)).

Decision-makers and administrative actors

Minister and Secretary roles: The instrument itself is made by the Minister Assisting the Prime Minister for the Public Service and Cabinet under subsection 24(3) of the Public Service Act 1999 (s 3). It also references determinations under subsection 24(1) of the Public Service Act 1999 made by the Secretary (ss 8(10)-(12), 13(8)-(9)), which can change pay or allowance amounts and thereby displace the incorporated rates.
Departmental Secretary: The instrument substitutes references in the DAWR Agreement to "the secretary" with the Secretary of the Department of Agriculture, Water and the Environment for the purposes of the incorporated provisions (ss 8(5)(c), 13(4)(c)). The Secretary therefore has the administrative oversight role within the modified agreement terms.
Fair Work Commission and Fair Work Act mechanisms: The instrument links operation and cessation to enterprise agreement coverage and workplace determinations under the Fair Work Act 2009 (ss 6, 11). It treats specific DEE agreement clauses as providing the procedure for dealing with disputes arising under this instrument for the purposes of paragraph 738(d) of the Fair Work Act 2009 (ss 9(b), 14(b)). This means Fair Work machinery can become relevant where an enterprise agreement or workplace determination is sought or where dispute procedures are invoked.

Who pays and who benefits

Employer cost bearer: The Commonwealth, via the Department of Agriculture, Water and the Environment, is the paymaster. The instrument locks in specified salary figures for veterinarian classifications and allowance columns until changed by a subsequent determination under s 24(1) (see ss 8(7)-(9), 8(10)-(12)).
Employee beneficiaries: Employees within the specified cohorts obtain pay and allowance rates and industrial terms as set out by the modified DEE Agreement and included DAWR clauses (see ss 7, 8, 12, 13). The instrument preserves certain transitional arrangements and classification pathways (for example clauses dealing with OPV induction and APS3 to APS4 broadband) imported from the DAWR Agreement (ss 8(4)(vii)-(viii), 8(6)(9)-(13)).

Who does not get affected by this instrument

SES employees: In both Parts, SES employees are excluded (ss 5(a), 10(b)). Their terms are governed elsewhere.
Employees covered by a different enterprise agreement or workplace determination: For any employee who becomes covered by an enterprise agreement other than the DEE Agreement, or who is covered by a workplace determination that applies to them, this instrument ceases to apply (ss 6, 11).

In short, the determination affects a defined subset of APS employees in the Department of Agriculture, Water and the Environment by continuing and tailoring the DEE Agreement terms for them, with clear exclusions for SES and meat inspectors, and with procedural links to Fair Work processes and s 24(1) determinations. The Secretary and Minister retain roles in setting and changing monetary rates via Public Service Act determinations, while dispute procedures under the DEE Agreement are specified as the internal channels for disagreements (see ss 3, 6, 8, 9, 11, 13, 14).

This instrument does not create novel statutory duties or rights but re‑allocates, adapts and imports rights and obligations from the underlying DEE Agreement and selected DAWR Agreement provisions to the specified cohorts. The consequences for duties and rights fall into several categories: substantive terms of employment, working hours and rostering rules, pay and allowances, classification and progression, and dispute-resolution rights.

Substantive terms of employment

Governing document: For covered employees, the primary source of the terms and conditions of employment is the DEE (Biosecurity) Agreement for Part 2 employees and the DEE (Veterinarian) Agreement for Part 3 employees, each defined as the DEE Agreement as in force immediately before commencement of this instrument, as that Agreement has effect under the relevant section (see ss 7, 12, 8(1), 13(1)). Those terms are the operative employment terms for these cohorts while this instrument applies to them.

Working hours, bandwidth and shiftwork

Standard working day and bandwidth: The instrument substitutes DEE Agreement clauses to set explicit standard working day hours and bandwidths. The modified clause 3.3 defines a standard working day for non‑regional and OPV employees as 8.30 am to 12.30 pm and 1.30 pm to 5.00 pm (seven hours and 30 minutes), and for regional and OPV employees as 7.30 am to 12.00 pm and 12.30 pm to 3.30 pm (seven hours and 30 minutes) (s 8(3) item 1). The modified clause 3.5 sets the bandwidth at 12 hours (usually 7.00 am to 7.00 pm for most employees and usually 6.30 am to 6.30 pm for regional and OPV employees) (s 8(3) item 2).
Shift work and overtime: The instrument imports DAWR Agreement shiftwork and overtime provisions in lieu of the original DEE provisions (s 8(4) items 3-4). The substituted DAWR clauses deal with averaging of ordinary hours over roster settlement periods, eligibility for overtime and recall, and other shiftwork matters (s 8(6) items 3-8).

Pay, allowances and salary structure

Salary tables: The instrument substitutes schedules and tables so that pay for veterinarian classifications and on‑plant veterinarian induction points are set out in tables incorporated into the instrument (ss 8(7)-(9)). For example, the instrument records salary points for VO5 down to VO1 and APS levels with precise dollar figures (s 8(7)).
Allowances: Allowance columns in Schedule 2 of the DEE Agreement are replaced with the "2% increase ‑ 30 November 2019" column from the DEE Salaries and Allowances Determination (ss 8(3)(c), 13(3)).
Cessation on later determinations: If a later determination under subsection 24(1) of the Public Service Act 1999 provides increased salary or allowance amounts for the classifications or allowances listed, the incorporated pay or allowance rates cease to apply on the commencement of that determination (ss 8(10)-(12), 13(8)-(9)). This creates a clear override mechanism whereby a Secretary's determination can alter the monetary rates.

Classification structure, promotion and transitional arrangements

Classification rules: The instrument imports DAWR Agreement clauses setting the classification structure, barriers and transitional arrangements (s 8(2)(d) and s 8(6) items 9-13). These include an OPV induction pathway, APS 3 to APS 4 biosecurity broadband transitional arrangements, and requirements such as merit selection processes for movement through classification barriers (s 8(6) items 9-13).

Rights to dispute resolution

Procedural rights: Clauses 2.24 to 2.31 of the DEE (Biosecurity) Agreement and DEE (Veterinarian) Agreement are expressly stated to be terms or conditions applying to covered employees and are taken to provide the procedure for dealing with disputes under this instrument for the purposes of paragraph 738(d) of the Fair Work Act 2009 (ss 9 and 14). That recognition makes the Agreement's dispute resolution pathway the contractual mechanism for resolving employment disputes arising under the instrument.

Other rights and entitlements

Interaction with NES and public holiday definitions: The instrument maps certain DAWR Agreement references to Fair Work Act concepts. For example, for the purposes of incorporated DAWR clauses, a reference to a public holiday is to a public holiday as defined by the National Employment Standards (s 8(5)(g), 13(4)(f)). This preserves core statutory entitlements and definitions under the Fair Work Act for the covered employees.

Duties on the employer and administration

Administrative duty to apply modified terms: The Secretary of the Department must administer pay, hours, allowances, classification, and dispute mechanisms in accordance with the modified DEE Agreement as imported by this instrument. The instrument also requires the Secretary or the Department to recognise the cessation mechanics when enterprise agreements, workplace determinations, or s 24(1) determinations occur (ss 6, 8(10)-(12), 11, 13(8)-(9)).

In summary, the key duties and rights are derived from the modified DEE Agreement and the imported DAWR Agreement provisions and salary/allowance determinations. Employees obtain specified salary points, allowances, rostering and overtime rules, classification pathways and dispute procedures. The Department must apply these modified terms and monitor for superseding enterprise agreements, workplace determinations and subsection 24(1) determinations that alter the monetary rates (see ss 7-9, 12-14).

The instrument itself does not establish standalone criminal penalties or administrative fines. Instead, enforcement and dispute resolution are embedded through the industrial framework and the interaction with the Fair Work Act 2009 and the Public Service Act 1999. The following are the principal enforcement and operational mechanisms visible in the text.

Dispute procedures under the applied agreements

Contractual dispute resolution: The instrument expressly makes clauses 2.24 to 2.31 of the DEE (Biosecurity) Agreement and DEE (Veterinarian) Agreement applicable and states they are the terms that provide a procedure for dealing with disputes arising under this instrument for the purposes of paragraph 738(d) of the Fair Work Act 2009 (ss 9 and 14). Those clauses are therefore the primary enforcement vehicle for resolving disagreements about the application or interpretation of the incorporated agreement terms. The instrument thus routes enforcement through the internal agreement dispute process rather than by creating new statutory sanctions.

Fair Work Act machinery

Enterprise agreements and workplace determinations: The instrument ceases to apply to an employee if an enterprise agreement other than the DEE Agreement begins to apply to that employee or a workplace determination covering that employee is made (ss 6 and 11). Those legal changes are effected under the Fair Work Act 2009. Affected employees and the Department must use Fair Work processes if they wish to change coverage.
Paragraph 738(d) connection: By treating the DEE Agreement dispute clauses as the procedure for dealing with disputes for the purposes of paragraph 738(d) of the Fair Work Act 2009, the instrument positions the Fair Work framework as the backdrop to enforceability in relation to bargaining and dispute resolution issues (ss 9(b), 14(b)).

Public Service Act interactions

Determinations under s 24(1): The instrument anticipates that determinations under subsection 24(1) of the Public Service Act 1999 made by the Secretary can alter salary and allowance amounts (ss 8(10)-(12), 13(8)-(9)). Those determinations, when they occur, cause the pay or allowance rates incorporated by this instrument to cease to have effect for the listed classifications or allowances from the commencement of the s 24(1) determination. The Secretary's determinations therefore operate as an administrative override of monetary terms introduced by this instrument.

Practical enforcement pathways and remedies

Contractual and industrial remedies: Since the instrument operates by setting terms and conditions of employment through agreement incorporation, remedies for breach are likely to be contractual and industrial rather than penal. The instrument points aggrieved employees to the agreement dispute resolution clauses (ss 9 and 14), and the Fair Work Act provides statutory remedies and enforcement functions for enterprise agreement-related disputes and underpayment claims.
No new statutory offences in the instrument: There is no provision creating offences, pecuniary penalties or administrative sanctions in the instrument text itself. The instrument achieves regulation of conduct by altering the contractual landscape and referencing existing administrative powers and Fair Work processes.

Implementation and compliance risk

Administrative enforcement risk: The Department bears the practical enforcement risk of correctly implementing the substituted clauses, pay tables and allowances. If the Department fails to apply the imported and modified agreement terms accurately, employees may invoke the dispute clauses, raise matters with Fair Work mechanisms, or,where monetary entitlements are at issue,seek rectification under industrial law or under relevant terms of employment.
Temporal uncertainty on pay and allowances: The instrument builds in an explicit mechanism by which later s 24(1) determinations cease to operate the incorporated rates. That mechanism can produce turnover in applicable pay rates, which in turn creates operational enforcement challenges in payroll and entitlements (ss 8(10)-(12), 13(8)-(9)).

In summary, enforcement under this determination is channelled through pre‑existing industrial procedures, the Fair Work Act architecture and the Secretary's administrative determinations under the Public Service Act. The instrument does not itself create new penalties; rather it defines the contractual terms to be applied to particular cohorts and points to the agreement dispute clauses and Fair Work processes as the main enforcement and remedy pathways (see ss 9, 14, 6, 11, 8(10)-(12), 13(8)-(9)).

This determination is explicitly designed to operate within, and to interact with, two principal statutory frameworks: the Public Service Act 1999 and the Fair Work Act 2009. It also imports and modifies industrial instruments that themselves sit within Fair Work law and the Public Service Act framework. The primary interactions and their legal mechanics are outlined below.

Authority and source instruments

Enabling power: The determination is made under subsection 24(3) of the Public Service Act 1999 (s 3). That subsection empowers the Minister to make determinations about terms and conditions of employment for APS employees. The instrument also contemplates subsequent determinations under subsection 24(1) of the Public Service Act 1999 made by the Secretary, which can change pay and allowances and displace rates incorporated by this instrument (ss 8(10)-(12), 13(8)-(9)).

Fair Work Act 2009

Enterprise agreements and workplace determinations: The instrument is closely tied to the Fair Work Act in two ways. First, its operation ceases for an employee if an enterprise agreement other than the DEE Agreement starts to apply to the employee or a workplace determination is made that covers the employee, both concepts arising under the Fair Work Act 2009 (ss 6 and 11, and note referencing s 276). This means coverage can be altered by Fair Work processes. Second, the instrument identifies the dispute resolution clauses in the DEE Agreement as the procedure for disputes for the purposes of paragraph 738(d) of the Fair Work Act 2009 (ss 9(b), 14(b)). That makes the Fair Work dispute framework the legal backdrop to labour relations issues under the instrument.
National Employment Standards: The instrument maps certain words used in the DAWR Agreement to Fair Work meanings. For example, in the DAWR Agreement as applied, a reference to a "public holiday" is a reference to a public holiday as defined by the National Employment Standards (s 8(5)(g), 13(4)(f)). This preserves statutory NES entitlements in the applied agreement text.

Enterprise agreements and incorporated agreements

DEE Agreement as baseline: The instrument treats the DEE Agreement (Department of the Environment and Energy Enterprise Agreement 2016-2019) as the operative enterprise agreement "as in force immediately before the commencement of this instrument" for the covered employees, but with substitutions (ss 8(1), 13(1)). This creates a bifurcated regime where the DEE Agreement is the applied instrument in re-cast form.
DAWR Agreement importation: The instrument selectively imports parts of the DAWR Agreement (Department of Agriculture and Water Resources Enterprise Agreement 2017-20) into the DEE Agreement as applied (ss 8(2)(d), 8(4), 8(5), 13(2)(d), 13(4)). It also recasts references in the DAWR Agreement to align with the Department of Agriculture, Water and the Environment and the Secretary (ss 8(5)(a)-(c), 13(4)(a)-(c)). That importation means that some DAWR clauses,classification, shiftwork, overtime, OPV induction, and transitional arrangements,will apply as part of the expressed terms.

Other Public Service instruments

DEE Salaries and Allowances Determination: The instrument incorporates pay and allowance columns from the DEE Salaries and Allowances Determination (made by the Secretary on 30 September 2019) and specifies which column to use (the "2% increase ‑ 30 November 2019" column) for pay and allowances in Schedules 1 and 2 (ss 8(3)(b)-(c), 13(3)). This ties the monetary elements to a separate, non‑agreement administrative determination.
Machinery of government movement: The instrument refers to the Public Service (Machinery of government changes) Determination (No. 6) 2020 in transitional clauses imported from DAWR Agreement transitional provisions (s 8(6) items 11 and s 8(6) item 13). Those references indicate linkage to personnel movement created by machinery of government changes, and confirm transitional treatments for employees moved between agencies.

Override and precedence

Secretary determinations override incorporated rates: The instrument contains explicit mechanics whereby a later determination under subsection 24(1) of the Public Service Act 1999 that increases salary or allowance amounts will cause the pay or allowance rates included by this instrument to cease on commencement of that later determination (ss 8(10)-(12), 13(8)-(9)). This sets a clear precedence rule: administrative determinations by the Secretary under s 24(1) will take effect and displace incorporated monetary rates.

No conflict with NES or statutory minimums

Preservation of statutory minima: The instrument maps certain terms to Fair Work concepts (ss 8(5)(g), 13(4)(f)), and by importing enterprise agreement clauses it operates alongside the National Employment Standards rather than attempting to displace statutory minima. The text contains no provision removing statutory protections.

In sum, the determination is an exercising of the Minister’s power under the Public Service Act to set terms for specified APS employees by importing and modifying existing enterprise agreement materials and administrative determinations. It interacts structurally with the Fair Work Act by referencing enterprise agreement coverage, workplace determinations, NES meanings and dispute resolution mechanisms, and it preserves the Secretary’s power under s 24(1) to alter pay and allowances. The instrument therefore functions as a bridge between APS personnel administration and Fair Work industrial law (see ss 3, 6, 8, 9, 11, 13, 14).

The source instrument provides a concise but specific record of its own creation and commencement. It contains no subsequent amendment history within the text. The following facts are directly recorded in the instrument.

Making and commencement

Date and maker: The determination is dated 30 January 2020 and is signed by Greg Hunt, the Minister Assisting the Prime Minister for the Public Service and Cabinet (front matter).
Commencement date: The instrument commenced on 1 February 2020. Section 2 contains a commencement table stating that "The whole of this instrument" commenced on 1 February 2020 (s 2(1)).

Authority and source documents

Enabling provision: The instrument is made under subsection 24(3) of the Public Service Act 1999 (s 3). That subsection provides the legal authority for the Minister to make determinations about terms and conditions of employment.
Related documents in force at commencement: The instrument incorporates the DEE Agreement "as in force immediately before the commencement of this instrument" and the DAWR Agreement "as in force immediately before the commencement" in the ways specified (ss 8(1), 13(1), 8(5)). It also references the DEE Salaries and Allowances Determination made on 30 September 2019 by the Secretary of the Department of the Environment and Energy (definition and ss 8(3)(b)-(c), 13(3)). The instrument notes that, in 2020, the DAWR and DEE Agreements could be viewed on the Fair Work Commission website, but that note is descriptive and not normative.

No recorded later amendments within the instrument

No later versions recorded: The instrument contains a note under the commencement table that the table relates only to the provisions as originally made and "will not be amended to deal with any later amendments of this instrument" (s 2 note). The text supplied does not include any subsequent amendment instrument, withdrawal, or supersession entry. There is therefore no internal amendment history beyond the original text.

Built-in override mechanism for pay/allowance changes

Cessation mechanics for monetary changes: While the instrument itself has no amendment history recorded, it anticipates future administrative modifications to pay and allowances. It provides that if the Secretary makes a subsequent determination under subsection 24(1) of the Public Service Act 1999 increasing salary or allowance amounts for entries that the instrument has imported, the pay or allowance rate that the instrument applies will cease on commencement of that later determination (ss 8(10)-(12), 13(8)-(9)). This is an internal mechanism for future monetary change without formal amendment to the instrument text.

Transitional references to other determinations

Machinery of government references: The instrument imports transitional provisions that refer explicitly to the Public Service (Machinery of government changes) Determination (No. 6) 2020 in relation to those employees who were moved to the department by that instrument and associated transitional arrangements (s 8(6) item 11, and repeated in Part 3). Those references indicate the instrument was drafted in the context of machinery of government changes occurring around the same period, but the instrument itself does not record an amendment history beyond its first making.

Practical implication

Users should treat the instrument as a snapshot that took effect on 1 February 2020 and that operates subject to later enterprise agreements, workplace determinations or s 24(1) determinations. Any later changes to the DEE Agreement, the DAWR Agreement, or to the DEE Salaries and Allowances Determination after that commencement date are not recorded in the text supplied. The instrument itself instructs that a later subsection 24(1) determination can displace the monetary rates it imports (ss 8(10)-(12), 13(8)-(9)).

Because the source contains no subsequent amendment instruments, there is no recorded amendment trail in the text to narrate. Practitioners must therefore consult registers (for example the Federal Register of Legislation and departmental determinations) to identify any subsequent determinations or enterprise agreements that post‑date 1 February 2020 if they wish to know the current operative terms.

The instrument text does not record any litigation history. There are no cases cited, no judicial determinations referenced and no recorded disputes within the instrument itself. The only procedural references relating to disputes are internal: the instrument makes specific clauses of the DEE Agreements the dispute resolution procedure for the purposes of paragraph 738(d) of the Fair Work Act 2009 (ss 9 and 14). From the content of the source, the following points are relevant to litigation risk and likely forums for any contestation, but they are described strictly as likely routes rather than records of decided litigation.

Dispute resolution avenue provided in the instrument

Agreement-based procedure: The determination explicitly makes clauses 2.24 to 2.31 of the DEE (Biosecurity) Agreement and the DEE (Veterinarian) Agreement applicable to covered employees and declares that those clauses provide the procedure for dealing with disputes arising under this instrument for the purposes of paragraph 738(d) of the Fair Work Act 2009 (ss 9 and 14). That means that internal agreement dispute processes are the first-tier mechanism contemplated by the instrument.

Fair Work Commission and statutory routes

Fair Work context: Because the instrument operates by incorporating an enterprise agreement and because it ties cessation to the operation of other enterprise agreements and workplace determinations under the Fair Work Act, disputes over coverage, bargaining or the lawfulness of enterprise agreements would ordinarily engage Fair Work Commission processes or Fair Work Act litigation paths. The instrument’s references to paragraph 738(d) and to section 276 of the Fair Work Act (in the notes) confirm that Fair Work Act processes are implicated (ss 9, 14, notes to ss 6 and 11).

Administrative review and Public Service Act determinations

Secretary determinations: The instrument contemplates further administrative action by the Secretary under subsection 24(1) of the Public Service Act 1999, which can alter pay and allowance amounts and thereby displace the rates incorporated by this instrument (ss 8(10)-(12), 13(8)-(9)). Challenges to those determinations could, depending on the legal grounds, involve administrative law review avenues such as applications for merits review where available or judicial review on conventional public law grounds; however, the instrument contains no commentary on such processes.

No recorded cases or adversarial history in the instrument

Absence of precedent: The text contains no judicial decisions, conciliations or tribunal determinations about this instrument. It does not name cases or provide a litigation history.

Practical implication for counsel and in-house advisers

Anticipate Fair Work Commission processes: If a dispute arises about the instrument’s application,coverage, interpretation of substituted agreement clauses, pay rates or the operation of cessation triggers,the text directs parties toward the DEE Agreement dispute procedure and connects to Fair Work Act mechanisms. In practice, expect initial internal dispute resolution under clauses 2.24-2.31, with potential recourse to Fair Work paths for broader industrial issues or to courts on public law grounds if administrative determinations are contested.

Because the instrument itself contains no litigation record, anyone needing an authoritative history must search external legal databases and tribunal records for disputes that post‑date the instrument’s commencement. The instrument’s text cannot, and does not, supply any litigation history (ss 9 and 14).

The instrument achieves a substantial re-mapping of enterprise agreement content into the Department of Agriculture, Water and the Environment for targeted cohorts. That approach produces a number of operational traps, interpretive complexities and implementation risks that practitioners should notice. Each "gotcha" below is grounded in an explicit provision from the instrument.

"As if" textual substitution creates interpretive complexity (ss 8(2)-(4), 13(2)-(6))

The instrument does not simply apply the DEE Agreement verbatim. It applies the DEE Agreement "as if" multiple clauses were omitted, substituted, or read as though references pointed to different entities. This textual transplantation can create ambiguities where the original agreement text presupposes organizational arrangements or defined terms that do not map cleanly into the Department of Agriculture, Water and the Environment. Practitioners must trace each substituted clause to understand the precise content now binding on covered employees.

Multiple source documents and cross-references (ss 8(3)(b)-(c), 8(6), 13(3))

The instrument imports parts of the DAWR Agreement and uses figures from the DEE Salaries and Allowances Determination. That means the operative terms are spread across three instruments: the original DEE Agreement, the DAWR Agreement provisions as imported, and the Salaries and Allowances Determination. Payroll and HR teams must ensure they use the correct column ("2% increase ‑ 30 November 2019") and the correct substituted tables for pay and allowances (s 8(3)(b)-(c), s 8(7)-(9)).

Cessation triggers tied to enterprise agreements and workplace determinations (ss 6, 11)

Coverage can be cut off for an individual employee if another enterprise agreement begins to apply or a workplace determination is made that covers them. This can cause differential terms across employees in the same division if some become covered by a new agreement and others do not. Unit managers need real‑time visibility of bargaining activity and workplace determinations that could alter an employee’s applied terms.

Secretary determinations override monetary figures (ss 8(10)-(12), 13(8)-(9))

A subsection 24(1) determination by the Secretary that increases salary or allowance amounts displaces the pay or allowance rates incorporated here. That creates timing risk and payroll complexity: departments must apply new Secretary determinations as of their commencement dates, and retroactive pay issues may arise if the interaction with this instrument is not carefully managed.

Exclusions and local title interplay (s 5 and definition of veterinarian‑classified employee)

The instrument excludes SES employees and certain meat inspector classifications from Part 2 and applies Part 3 only to veterinarian‑classified employees outside the Biosecurity Operations Division. Local job titles matter. Misclassification of an employee’s local title or misidentification of their division could result in incorrect pay or entitlements.

Dual applicability for veterinarian classifications (Parts 2 and 3)

A veterinarian‑classified employee in the Biosecurity Operations Division falls under Part 2; the same local titles outside that Division fall under Part 3. The operative terms differ because Part 2 includes a broader set of substituted DAWR provisions (see s 8(2)(d)). Practitioners must not assume uniform terms for veterinarian titles across the Department.

Dispute procedure application may be narrower than expected (ss 9, 14)

The instrument designates clauses 2.24-2.31 from the DEE Agreements as providing the procedure for disputes. Users should inspect those clauses to know timeframes, escalation steps and whether external options like the Fair Work Commission's conciliation pathways are preserved. The instrument ties those clauses to paragraph 738(d) of the Fair Work Act 2009, but it does not itself describe the scope or limits of those clauses.

Reliance on external documents that may change after commencement (ss 8(1), 13(1), s 2 note)

The DEE Agreement is frozen "as in force immediately before the commencement" of the instrument, but the Salaries and Allowances Determination and the DAWR Agreement content relied upon are separate instruments that could themselves be subject to later changes. The instrument anticipates changes via s 24(1) determinations but does not account for later amendments to the DAWR or DEE Agreements themselves. Practitioners should treat the instrument as a snapshot and monitor all source instruments for post‑commencement changes.

Bandwidth, standard day and OPV specifics (s 8(3) items 1-2, s 8(6) items 12-13)

The substituted standard working day and bandwidth clauses set specific hours for OPV and regional staff that differ from the DEE Agreement original text. On‑plant Veterinarian induction provisions and other OPV-specific clauses are included. Rostering and leave arrangements for OPV employees will differ from other cohorts and need bespoke rostering systems to comply.

Transitional arrangements tied to machinery of government movements (s 8(6) item 11 and related)

Some transitional arrangements imported from DAWR refer to employees moved by the Public Service (Machinery of government changes) Determination (No. 6) 2020. Where employees were shifted between departments under that instrument, their pay and classification treatment may be governed by transitional rules that differ from standard promotion and progression pathways. Verify whether an employee is a "moved" individual under those provisions.

In short, the instrument’s approach,applying one enterprise agreement as modified by another and by a salaries determination,creates a complex web of interdependencies. Key practical gotchas involve classification and coverage identification, correct application of substituted clauses and pay tables, monitoring for Secretary determinations that override monetary rates, and the need to coordinate HR, payroll and industrial relations functions to avoid mismatches between written terms and operational practice (see ss 5-9, 12-14).

Compliance requires a programme of legal, payroll and HR actions to ensure that the instrument's imported and substituted terms are implemented accurately for the correct cohort of employees, and that changes under the Fair Work Act or the Public Service Act are monitored and acted upon. The following is a practical checklist with references to the relevant sections.

Identify covered employees precisely (ss 5, 10; definition of veterinarian‑classified employee)

For Part 2, compile a list of APS employees physically or administratively assigned to the Biosecurity Operations Division and exclude SES employees and APS Meat Inspector classifications 1-4 (s 5).
For Part 3, identify veterinarian‑classified employees (On‑Plant Veterinarian, VO1-VO5) who are not in the Biosecurity Operations Division and who are not SES employees (definition, s 10).
Record the local title, classification, location and whether the employee was moved under any machinery of government determination referenced in the transitional clauses.

Apply the DEE Agreement text as modified (ss 7, 8(1)-(4), 12, 13(1)-(6))

Obtain the DEE Agreement text as it stood immediately before this instrument’s commencement and the specific substituted DAWR Agreement provisions set out in the instrument. The instrument itself lists the precise DEE clauses to be omitted or substituted and the DAWR clauses to be imported (s 8(3)-(4), s 8(6), s 13(3)-(5)).
Create a consolidated, annotated copy of the DEE (Biosecurity) Agreement and DEE (Veterinarian) Agreement as they are to operate under this instrument. Mark every "as if" substitution and every omitted clause to avoid misapplication.

Implement pay and allowance rates precisely (ss 8(3)(b)-(c), 8(7)-(9), 13(3))

Use the salary tables set out in the instrument (ss 8(7)-(9)) for veterinarian classifications and OPV induction points.
Replace Schedule 2 allowance columns in the DEE Agreement with the "2% increase ‑ 30 November 2019" column from the DEE Salaries and Allowances Determination as specified (ss 8(3)(c), 13(3)). Retrieve and file the named Determination (DEE Salaries and Allowances Determination, 30 September 2019) for payroll reference.

Adjust rostering, bandwidth and overtime systems (s 8(3) items 1-2, s 8(4), s 8(6))

Update standard working day, bandwidth and shiftwork policies for the covered cohorts to reflect the substituted text (s 8(3) items 1-2).
Apply the DAWR Agreement provisions for casual loading, breaks, shift work, overtime and Christmas closedown as substituted (s 8(4), s 8(6)). Confirm eligibility rules for overtime, recall and emergency duty, and ensure payroll can calculate those entitlements correctly.

Preserve and operationalise classification and transition rules (s 8(2)(d), s 8(6) items 9-13, s 13(4)-(6))

Implement the veterinarian classification structure, barriers and transitional arrangements as imported from the DAWR Agreement, including OPV induction progression and APS 3 to APS 4 broadband rules where relevant.
Ensure selection and promotion processes mirror the merit selection requirements and work availability constraints specified.

Make dispute procedures accessible and operational (ss 9, 14)

Make clauses 2.24-2.31 of the DEE Agreement readily available to covered employees, explain the steps and timeframes, and train managers on the dispute escalation and resolution process.
Record that those clauses are the instrument’s designated dispute procedure for the purposes of paragraph 738(d) of the Fair Work Act and ensure HR can support staff who want to access those procedures.

Monitor for coverage changes under the Fair Work Act (ss 6, 11)

Establish a monitoring process to detect when another enterprise agreement starts to apply to an employee or when a workplace determination is made that covers an employee, because either event terminates the instrument’s application to that employee (ss 6, 11).
Coordinate with bargaining and industrial relations teams to flag potential coverage changes early and to advise managers of resulting changes in entitlements.

Track subsection 24(1) determinations and update payroll (ss 8(10)-(12), 13(8)-(9))

Because a s 24(1) determination by the Secretary increasing salaries or allowances will cause the instrument’s incorporated rates to cease for affected entries, implement a process to capture and apply any s 24(1) determinations promptly.
Retain copies of any s 24(1) determinations and document their commencement dates and the scope of the changes.

Document decisions and maintain audit trails

Keep record of which version of the DEE Agreement clauses and DAWR provisions were applied to each employee, the pay point or allowance column used, and any correspondence or directions that fed into classification or rostering decisions.
Maintain an audit trail for payroll calculations where substituted or transitional arrangements apply, so that any questions or disputes can be answered with documentary evidence.

Seek legal or industrial advice for edge cases

For employees with mixed duties, secondments or unclear local titles, obtain a legal or industrial relations opinion before changing pay or terms.
If a dispute escalates beyond the internal agreement procedure, coordinate with legal counsel for engagement with the Fair Work Commission or for any necessary administrative law steps concerning Secretary determinations.

In operational terms, compliance is a project management exercise combining legal reading, payroll system configuration, employee communication, HR policy updates and proactive monitoring of enterprise agreement processes and Secretary determinations. The instrument’s explicit clauses provide the legal hooks to guide those steps (see ss 2-14).

Public Service (Terms and Conditions of Employment) (Biosecurity and Veterinarian Employees) Determination 2020

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