Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Presiding Officers, after consulting the Commissioner, may, by notice in the Gazette , make rules about classifications of Parliamentary Service 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) Secretaries must comply with the Classification Rules.
(4) A Secretary cannot reduce the classification of a Parliamentary Service employee without the employee's consent, except in the following cases:
(a) as a sanction under section 15;
(b) on the ground that the employee is excess to the requirements of the relevant Department at the higher classification;
(c) on the ground that the employee lacks, or has lost, an essential qualification for performing duties at the higher classification;
(d) on the ground of non‑performance, or unsatisfactory performance, of duties at the higher classification;
(e) on the ground that the employee is unable to perform duties at the higher classification because of physical or mental incapacity;
(f) in other circumstances prescribed by the determinations.
(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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