DETYA Certified Agreement

5. Relationship to Existing Awards, Determinations, Agreements and Policy

5.1 Awards
5.2 Determinations
5.3 Agreements
5.4 Policies and Guidelines
5.5 Delegation
5.6 Effect of Comprehensive Agreement

5.1 Awards

This Agreement fully displaces the Australian Public Service Award 1998 whether or not there is any provision in this Agreement in relation to matters provided under the Award.

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5.2 Determinations

5.2.1 Except for determinations which have been made, or may be made by the Secretary under the Public Service Act 1999 after this Agreement comes into operation, or for matters otherwise expressly provided in this Agreement, this Agreement operates to the exclusion of all conditions of employment including those prescribed by Regulation 30ZE of the Workplace Relations Regulations, being conditions of employment specified in Commonwealth law prescribed by that regulation, whether or not there are any provisions in relation to that condition in this Agreement.

5.2.2 This Agreement fully displaces Determinations made under section 82D of the former Public Service Act 1922, including Determination No. 162 of 1994 and Determination No.5 of 1998, as continued in force in accordance with the Public Employment (Consequential and Transitional) Amendment Act 1999 (PECTA), whether or not there is any provision in this Agreement in relation to any matters provided under the Determinations.

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5.3 Agreements

5.3.1 This Agreement fully displaces:

(a) The Continuous Improvement Agreement;
(b) The 1998 DEETYA Certified Agreement;
(c) The DEETYA Network Certified Agreement 1998; and
(d) All other unregistered national industrial agreements that may have applied from time to time in the Department,

whether or not there is any provision in this Agreement in relation to any matters provided under the agreements.

5.3.2 In doing so the 1998 DEETYA Certified Agreement is terminated in accordance with the Workplace Relations Act 1996.

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5.4 Policies and Guidelines

5.4.1 Various employment provisions contained within this Agreement are administered in accordance with DETYA policies and guidelines. It is acknowledged that such policies and guidelines do not form part of this Agreement but are indicative only of how various employment provisions may be applied.

5.4.2 This Agreement does not in any way limit the powers of the Secretary under the Act.

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5.5 Delegation

5.5.1 The Secretary may, in writing, delegate or authorise a person within DETYA any powers or functions under this Agreement. Where the Agreement implies that approval is necessary, or specifies that payment will be made or leave will be granted but a head of power is not specified, the Agreement should be read as meaning the Secretary or delegate will approve prior to the action occurring.

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5.6 Effect of Comprehensive Agreement

5.6.1 An intention of the parties in making this agreement is to, where appropriate, consolidate terms and conditions applicable to DETYA employees.

5.6.2 Where it can be shown to the satisfaction of the parties that as a result of consolidating terms and conditions comprehensively into this agreement, a previous entitlement affecting the employment conditions of DETYA employees has been inadvertently displaced, the parties may agree to reinstate the previous entitlement after considering the consequences of reinstatement.

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