Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of paragraph 72 (5) (b) of the Act, this regulation prescribes arrangements for determining variations of the remuneration and other conditions of employment applicable to a person who ceases to be employed as a non‑APS employee and becomes engaged as an APS employee in accordance with a determination under paragraph 72 (1) (c) of the Act.
(2) Before or after the engagement, the remuneration and other conditions of employment of the person may be varied:
(a) after consultation by the Agency Head with:
(i) the person; or
(ii) that person and any other persons who are to be or who have become engaged as APS employees ; or
(iii) a class of the persons who are to be or who have become engaged as APS employees that includes the person; and
(b) in accordance with a determination under subsection 24 (1) of the Act to the effect that some or all of the remuneration and other conditions of employment are to be the same as those that applied to the person immediately before the person ceased to be employed as a non‑APS employee; and
(c) to have effect no sooner than the day when the person becomes engaged as an APS employee.
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.
(3) However, if:
(a) a determination mentioned in paragraph (2) (b) applies to the APS employee; and
(b) an employment arrangement:
(i) commences on or after the day when the person becomes engaged as an APS employee; and
(ii) applies on its face to the person as an APS employee or a class of APS employees that includes the person;
the determination mentioned in paragraph (2) (b) ceases to apply to the APS employee, and the conditions of employment under the employment arrangement apply to the APS employee.