4Definitions

1 Name

This instrument is the Public Service (Terms and Conditions of Employment) (Defence and Veterans’ Services Commission) Determination 2025.

2 Commencement

This instrument commences on the day after it is registered.

3 Authority

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

4 Definitions

In this instrument:

APS Award means the Australian Public Service Enterprise Award 2015. Commissioner means the Commissioner of the Defence and Veterans’ Services Commission. Covered Employee means a non-SES employee employed in the Defence and Veterans’ Services Commission to whom this Instrument applies in accordance with section 5. Defence and Veterans’ Services Commission means the statutory agency of that name established under section 110ZKA of the Defence Act 1903. Instrument means the Public Service (Terms and Conditions of Employment) (Defence and Veterans’ Services Commission) Determination 2025. Enterprise Agreement means the Department of the Prime Minister and Cabinet Enterprise Agreement 2024-2027, as in operation immediately before the commencement of this Instrument. Note: The Enterprise Agreement could in 2025 be viewed on the Fair Work Commission’s website (https://www.fwc.gov.au). FW Act means the Fair Work Act 2009. NES means the National Employment Standards in Part 2-2 of the FW Act. PS Act means the Public Service Act 1999.

5 Application of this Instrument

This Instrument applies to all non-SES employees employed in the Defence and Veterans’ Services Commission pursuant to the PS Act.

6 When this Instrument ceases to apply to Covered Employees

This Instrument ceases to apply to a Covered Employee if: (a) an enterprise agreement starts to apply to the Covered Employee (for the purposes of the FW Act); or (b) a workplace determination is made that covers the Covered Employee (for the purposes of the FW Act). Note: A workplace determination operates from the day on which it is made
(see section 276 of the FW Act).

7 Terms and conditions of employment

(1) The terms and conditions of employment applying to a Covered Employee: (a) are the terms and conditions of employment set out in the Enterprise Agreement, as amended by this Instrument; and (b) are not any of the terms and conditions of employment set out in the APS Award. (2) The terms and conditions set out in the Enterprise Agreement (as applied by operation of subsection (1)) are amended as follows: (a) where the Enterprise Agreement uses the term "Agreement" to refer to the Enterprise Agreement, the reference to "Agreement" is a reference to the Enterprise Agreement as applied by this Instrument (unless context provides otherwise); (b) a reference in the Enterprise Agreement to "the Secretary of the Department of the Prime Minister and Cabinet" is a reference to the Commissioner; (c) a reference in the Enterprise Agreement to "Secretary" is a reference to the Commissioner; (d) a reference in the Enterprise Agreement to "the Department of the Prime Minster and Cabinet" or “PM&C” is a reference to the Defence and Veterans’ Services Commission (unless context provides otherwise); (e) a reference in the Enterprise Agreement to "Department" or "Departmental" is a reference to the Defence and Veterans’ Services Commission (unless