Workplace Relations Amendment (Work Choices) (Consequential Amendments) Regulations 2006 (No. 1) (50 of 2006)

Schedule 31   Amendments of Australian Federal Police Act 1979

[3]   Section 27, including the subheadings

substitute

27 Remuneration and other conditions

(1) The Commissioner may from time to time determine in writing the remuneration and other terms and conditions of employment applying to an AFP employee, other than:

(a) terms and conditions of employment that the Commissioner may determine under subsection 40H(2); or

(b) accommodation arrangements that are to apply to an AFP employee, and allowances an AFP employee is to be paid, while the employee is performing duties of the kind covered by paragraph 40H(3)(b).

Application etc. of industrial instrument

(2) A determination under subsection (1) may apply, adopt or incorporate, with or without modification, any of the provisions of an industrial instrument, as in force at a particular time or as in force from time to time.

Industrial instrument prevails over a determination under subsection (1)

(3) An industrial instrument overrides any determination under subsection (1), to the extent of any inconsistency.

Interpretation

(4) In this section:

industrial instrument means any of the following instruments within the meaning given by the Workplace Relations Act 1996:

(a) a workplace agreement;

(b) an award or a variation or order affecting an award;

(c) a transitional award or a variation or order affecting a transitional award;

(d) a pre-reform AWA;

(e) a pre-reform certified agreement.

Note A determination under section (1) must not provide less than the minimum entitlements of employment under the Australian Fair Pay and Conditions Standard, within the meaning given by the Workplace Relations Act 1996.