Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Public Service Minister may, by notice in the Gazette , make rules about classifications of APS employees.
(2) The Classification Rules may apply, adopt or incorporate, with or without modification, any of the provisions of:
(a) a modern award, as in force at a particular time or as in force from time to time; or
(b) a transitional APCS, as in force at a particular time or as in force from time to time.
(3) Agency Heads must comply with the Classification Rules.
(4) An Agency Head cannot reduce the classification of an APS employee without the employee's consent, except in the following cases:
(a) as a sanction under section 15;
(b) in accordance with Commissioner's Directions made under section 36;
(c) on the ground that the employee is excess to the requirements of the Agency at the higher classification;
(d) on the ground that the employee lacks, or has lost, an essential qualification for performing duties at the higher classification;
(e) on the ground of non‑performance, or unsatisfactory performance, of duties at the higher classification;
(f) on the ground that the employee is unable to perform duties at the higher classification because of physical or mental incapacity;
(g) in other circumstances prescribed by the regulations.
(5) If a relevant industrial instrument contains procedures to be followed when reducing the classification, then a reduction is of no effect unless those procedures are followed.
(6) In this section:
"industrial instrument" means:
(a) a modern award; or
(b) an enterprise agreement; or
(c) a workplace determination; or
(d) a WR Act transitional instrument; or
(e) a transitional APCS.
"transitional APCS" has the meaning given by Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .
"workplace determination" has the same meaning as in the Fair Work Act 2009 .
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