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PUBLIC SERVICE ACT 1999 - SECT 72

Machinery of government changes
(1)
The Commissioner may do any of the following, if the Commissioner is satisfied that it is necessary or desirable in order to give effect to an administrative re-arrangement:

(a)
move APS employees to another Agency (without anyone's consent), by a determination in writing;

(b)
determine in writing that APS employees cease to be APS employees and become employees of a specified Commonwealth authority;

(c)
determine in writing that non-APS employees cease to be employed as non-APS employees and become engaged as APS employees in a specified Agency;

(d)
on behalf of the Commonwealth, engage any person as an APS employee in a specified Agency.

(2)
A determination by the Commissioner has effect according to its terms, by force of this section.

(3)
If an APS employee (the transferred employee ) becomes an employee of a Commonwealth authority under paragraph (1)(b), the employee is entitled to remuneration and other conditions of employment that are not less favourable than the terms and conditions to which the employee was entitled as an APS employee, immediately before ceasing to be an APS employee, under:

(a)
an award, certified agreement or AWA; or

(b)
a determination under this Act.

(4)
Subsection (3) ceases to have effect on the next occasion when there is a relevant variation in remuneration and conditions in the Commonwealth authority. For this purpose, relevant variation means a variation that:

(a)
results from the making or variation of an award, certified agreement or AWA; and

(b)
applies to the transferred employee, or to a class of employees that includes the transferred employee.

(5)
The regulations may prescribe arrangements for determining any variation of the remuneration and other conditions of employment applicable to:

(a)
APS employees who are moved to another Agency under paragraph (1)(a); and

(b)
persons who become APS employees under paragraph (1)(c).

(6)
In this section:

"administrative re-arrangement" means any increase, reduction or re-organisation in Commonwealth functions, including one that results from an order by the Governor-General.

"Commonwealth authority" includes a company in which the Commonwealth has a controlling interest.

"non-APS employee" means a person who is employed by the Commonwealth or by a Commonwealth authority, but does not include an APS employee.


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