DETYA Certified Agreement

11. Relationship to Legislation

11.1 In acknowledgement that employment is subject to the provisions of the following Acts (and regulations or instruments made under the Acts), this Agreement will be read in conjunction with these Acts (and regulations or instruments made under these Acts) as amended from time to time. These Acts (and regulations or instruments made under the Acts) include amongst others:

Workplace Relations Act 1996;
Long Service Leave (Commonwealth Employees) Act 1976;
Maternity Leave (Commonwealth Employees) Act 1973;
Superannuation Act 1976;
Superannuation Act 1990;
Superannuation Productivity Benefit Act 1988;
Superannuation Benefits (Supervisory Mechanisms) Act 1990
Safety, Rehabilitation and Compensation Act 1988;
Occupational Health and Safety (Commonwealth Employment) Act 1991;
Public Service Act 1999; and
Public Employment (Consequential and Transitional) Amendment Act 1999.

11.2 Termination of employment provisions for all categories of employees is governed by section 29 of the Act.

11.3 The only avenue of review for employees against termination of employment for any reason is to be through Division 3 of Part VIA of the Workplace Relations Act 1996.

11.4 Where reinstatement of an employee is agreed by the parties, or is ordered or made the subject of an award in proceedings under the termination of employment provisions of the Workplace Relations Act 1996, the agreement, order or award shall take effect on such basis as is agreed, ordered or provided in the award.

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