Commonwealth Consolidated Acts(1) An Agency Head may from time to time determine in writing the remuneration and other terms and conditions of employment applying to an APS employee or employees in the Agency. A determination is of no effect to the extent that it would reduce the benefit to an employee of any individual term or condition applicable to the employee under the Australian Fair Pay and Conditions Standard or an award, workplace agreement, pre‑reform certified agreement, AWA or pre‑reform AWA.
Note: Other Commonwealth laws deal with matters such as superannuation, compensation, long‑service leave and maternity leave.
(2) A determination under subsection (1) may apply, adopt or incorporate, with or without modification, any of the provisions of the Australian Fair Pay and Conditions Standard or an award, collective agreement or pre‑reform certified agreement, as in force at a particular time or as in force from time to time.
(3) The Public Service Minister may, by notice in the Gazette , determine the remuneration and other terms and conditions of employment applying to APS employees, if the Public Service Minister is of the opinion that it is desirable to do so because of exceptional circumstances.
(4) A determination under subsection (3) overrides any determination under subsection (1), to the extent of any inconsistency.
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