Commonwealth Consolidated Regulations

PUBLIC SERVICE REGULATIONS 1999 - REG 8.1

         (1)   For the purposes of paragraph 72 (5) (a) of the Act, this regulation prescribes arrangements for determining variations of the remuneration and other conditions of employment applicable to an APS employee who is moved to another Agency in accordance with a determination under paragraph
72 (1) (a) of the Act.

         (2)   The annual salary that applies to the APS employee on the day when the move occurs is the greater of:

                (a)    the annual salary that applied to the APS employee immediately before the move; and

               (b)    the annual salary that would, apart from this regulation, apply to the APS employee after the move.

         (3)   Before or after the move, the other conditions of employment of the APS employee may be varied:

                (a)    after consultation by the Agency Head with:

                          (i)    the APS employee; or

                         (ii)    that APS employee and any other APS employees who are to be or who have moved to the Agency; or

                         (iii)    a class of the APS employees who are to be or who have moved to the Agency that includes the APS employee; and

               (b)    in accordance with a determination under subsection 24 (1) of the Act to the effect that some or all of the conditions of employment are to be the same as those that applied to the APS employee immediately before the move; and

                (c)    to have effect no sooner than the day when the move occurs.

Note    A determination by an Agency Head under subsection 24 (1) of the Act is of no effect to the extent that it would reduce the benefit to an APS employee of a condition of employment 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.

         (4)   However, if:

                (a)    a determination mentioned in paragraph (3) (b) applies to the APS employee; and

               (b)    an employment arrangement:

                          (i)    commences on or after the day when the APS employee moves; and

                         (ii)    applies on its face to the APS employee or a class of APS employees that includes the APS employee;

the determination mentioned in paragraph (3) (b) ceases to apply to the APS employee, and the conditions of employment under the employment arrangement apply to the APS employee.