Part 2 – FaHCSIA Employment Framework
2.1 The application and administration of FaHCSIA employment arrangements and conditions are regulated and guided by an overall employment framework made up from legislation, this Agreement and associated FaHCSIA instructions, guidelines and policies.
Legislated employment conditions
2.2 While the terms of legislation are not incorporated into this Agreement, employment in FaHCSIA is subject to the provisions of the following Acts (and regulations and instruments made under those Acts) among others:
- Administrative Decisions (Judicial Review) Act 1977;
- Archives Act 1983;
- Crimes Act 1914;
- Disability Discrimination Act 1992;
- Financial Management and Accountability Act 1997;
- Freedom of Information Act 1982;
- Human Rights and Equal Opportunity Act 1986;
- Long Service Leave (Commonwealth Employees) Act 1976;
- Maternity Leave (Commonwealth Employees) Act 1973;
- Occupational Health and Safety Act 1991;
- Privacy Act 1988;
- Public Employment (Consequential and Transitional) Amendment Act 1999;
- Public Service Act 1999;
- Safety, Rehabilitation and Compensation Act 1988;
- Sex Discrimination Act 1984;
- Superannuation Act 1976;
- Superannuation Act 2005;
- Superannuation (Consequential Amendments) Act 2005
- Superannuation Benefits (Supervisory Mechanisms) Act 1990;
- Superannuation Productivity Benefit Act 1988; and
- Workplace Relations Act 1996.
2.3 Provisions of these Acts relevant to FaHCSIA employment are referred to as necessary in this Agreement and in other FaHCSIA instructions, guidelines and policies published on the FaHCSIA intranet.
FaHCSIA guidelines and policy
2.4 The Secretary or his delegate will issue FaHCSIA guidelines and/or policies from time to time in order to expand upon and explain FaHCSIA employment conditions, administrative processes and other employment related matters. Guidelines and policies provide employees and managers with a more comprehensive understanding of relevant provisions and conditions.
2.5 The guidelines and policies will be consistent with provisions in legislation and this Agreement and cannot reduce the benefits available to employees under this Agreement.
2.6 Where the Secretary proposes to change an existing guideline or policy or to issue a new one, that relates to the conditions and processes covered in this Agreement, he will first advise and consult FaHCSIA employees and, if they choose, their representatives, in line with the consultation and communication provisions set out in Part 10 of this Agreement.
2.7 FaHCSIA guidelines and policies are published on the FaHCSIA intranet.