Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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).
Note: The Commissioner may, under section 35A, authorise special payments to AFP employees.
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 an award, determination or industrial agreement made under the Fair Work Act 2009 or continued in existence by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (see item 2 of Schedule 3 to that Act).
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 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 : see item 4 of Schedule 2 to that Act) or under the National Employment Standards (within the meaning of the Fair Work Act 2009 ).