Part 19 - Technical Matters
Parties bound
19.1 This Agreement applies to and is binding on:
- the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs on behalf of the Commonwealth of Australia in respect of employees employed in the Department of Families, Housing, Community Services and Indigenous Affairs;
- CPSU, the Community and Public Sector Union;
- the Media, Entertainment and Arts Alliance; and
- all non-SES employees of the Department of Families, Housing, Community Services and Indigenous Affairs who are not on an Australian Workplace Agreement (AWA).
19.2 This agreement applies to all non-SES employees employed in the Department of Families, Housing, Community Services and Indigenous Affairs on or after the date of commencement, but does not apply to:
- employees on AWAs; and
- employees in the Department whose salary is not paid by FaHCSIA.
19.3 Employees acting in the SES will continue to be subject to this agreement, with any additional entitlements determined under clause 4.3, an existing AWA and/or binding agreements or instructions of the Secretary.
Duration
19.4 This agreement will come into effect from 7 days after approval by the Workplace Authority and shall nominally expire on 14 November 2011.
Delegation
19.5 The Secretary may delegate all or any powers and functions under this Agreement including this power of delegation and may do so subject to conditions.
Variations to agreement
19.6 This agreement may only be varied in accordance with section 367 of the Workplace Relations Act 1996.
Closed agreement
19.7 This Agreement exhaustively states the terms and conditions of employment of the employees covered by this Agreement other than terms and conditions applying under a Commonwealth law.
19.8 From the commencement of this Agreement, a party to the Agreement or an employee whose employment is subject to the Agreement shall not pursue further claims for terms and conditions of employment that would have effect during the period of operation of this Agreement, except where consistent with the terms of this Agreement.
19.9 The parties to this Agreement agree that, should special and extraordinary circumstances arise during the life of this Agreement or where legislative change affects employees’ conditions of employment, they will confer to ensure that the objectives of the Agreement continue to be achieved.