Public Service Amendment Regulations 2011 (No. 1)1

Select Legislative Instrument 2011 No. 141

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Public Service Act 1999.

Dated 28 July 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

GARY GRAY

Special Minister of State for the Public Service and Integrity

1 Name of Regulations

  These Regulations are the Public Service Amendment Regulations 2011 (No. 1).

2 Commencement

  These Regulations commence on the day after they are registered.

3 Amendment of Public Service Regulations 1999

  Schedule 1 amends the Public Service Regulations 1999.

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 3.11 (2)

substitute

 (2) If an employment arrangement sets out procedures applicable to the termination of the non-ongoing APS employee, the procedures apply to the termination of the employee unless the procedures:

 (a) if the employment arrangement is a fair work instrument — are an unlawful term; or

 (b) if the employment arrangement is a transitional instrument that is not an award — are prohibited content; or

 (c) if the employment arrangement is not a fair work instrument or a transitional instrument — would be an unlawful term if the employment arrangement was a fair work instrument.

[2] Subregulation 3.11 (3), note

omit

Workplace Relations Act 1996

insert

Fair Work Act 2009

[3] Paragraphs 3.13 (c) and (d)

substitute

 (c) an election for a member of the Torres Strait Regional Authority established under Division 5 of Part 3A of the Aboriginal and Torres Strait Islander Act 2005.

[4] Subregulation 3.14 (3), definition of required time subparagraph (b) (i)

omit

or (d)

[5] Subregulation 3.15 (7)

substitute

 (7) For subregulation (6), the purposes are the calculation of entitlements under:

 (a) the National Employment Standards; and

 (b) an employment arrangement that applies to the employee.

Note   For entitlements to long service leave and paid maternity leave, see the Long Service Leave (Commonwealth Employees) Act 1976 and the Maternity Leave (Commonwealth Employees) Act 1973.

[6] Paragraph 8.1 (3) (c), note

substitute

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:

(a) a fair work instrument; or

(b) a transitional instrument; or

(c) a transitional minimum wage instrument; or

(d) the National Employment Standards.

[7] Paragraph 8.2 (2) (c), note

substitute

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:

(a) a fair work instrument; or

(b) a transitional instrument; or

(c) a transitional minimum wage instrument; or

(d) the National Employment Standards.

[8] Dictionary, definition of Australian Fair Pay and Conditions Standard and *AWA

omit

[9] Dictionary, definition of *award

substitute

award has the same meaning as in Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments Act) 2009.

Note   An expression used in a transitional Schedule to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 that was defined in the Workplace Relations Act 1996 has the same meaning in the transitional schedule as it had in that Act, see paragraph 4 (1) (a) of the Fair Work (Transitional Provisions and Consequential Amendments Act) 2009.

[10] Dictionary, definition of Commissioner’s Directions

omit

as in force on 2 April 2008.

insert

as in force on 7 July 2010.

[11] Dictionary, definition of employment arrangement

substitute

employment arrangement means any of the following:

 (a) a fair work instrument;

 (b) a transitional instrument

 (c) a determination under subsections 24 (1) or (3) of the Act;

 (d) a written contract of employment.

[12] Dictionary, after definition of external review body

insert

*fair work instrument has the same meaning as in the Fair Work Act 2009.

[13] Dictionary, after definition of *Merit Protection Commissioner

insert

*National Employment Standards has the same meaning as in the Fair Work Act 2009.

[14] Dictionary, definition of pre-reform AWA

omit

[15] Dictionary, definition of pre-reform certified agreement

omit

[16] Dictionary, after definition of *Presiding Officer

insert

prohibited content has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

Note 1   Prohibited content is mentioned in Schedule 8 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, see for example item 30 of Schedule 8.

Note 2   An expression used in a transitional Schedule to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 that was defined in the Workplace Relations Act 1996 has the same meaning in the transitional schedule as it had in that Act, see paragraph 4 (1) (a) of the Fair Work (Transitional Provisions and Consequential Amendments Act) 2009.

[17] Dictionary, after definition of statutory office holder

insert

transitional instrument has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

transitional minimum wage instrument has the meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

[18] Dictionary, after definition of Tribunal

insert

unlawful term has the meaning given by section 12 of the Fair Work Act 2009.

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.