ENTERPRISE AGREEMENT
2012-2014
National Water Commission – Enterprise Agreement 2012-2014
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FORMAL ACCEPTANCE OF THE AGREEMENT
By signing below, the parties to the Agreement signify their acceptance of its terms and
conditions.
………………………………
James Cameron
Chief Executive Office
95 Northbourne Avenue
Canberra ACT 2600
Date………………………
………………………………
Community and Public Sector Union (CPSU)
Level 2
40 Brisbane Avenue
Barton ACT 2600
Date………………………
………………………………
Media Entertainment and Arts Alliance (MEAA)
245 Chalmers Street
Redfern NSW 2016
Date………………………
National Water Commission – Enterprise Agreement 2012-2014
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Contents
FORMAL ACCEPTANCE OF THE AGREEMENT
2
PART A – TECHNICAL AND GENERAL MATTERS
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3.
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6.
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Title ...................................................................................................................................5
Objective ...........................................................................................................................5
Parties and coverage ........................................................................................................6
Delegations .......................................................................................................................6
Operation of the Agreement .............................................................................................6
Improving efficiency and productivity................................................................................6
Consultation relating to major change ..............................................................................7
General staff consultation .................................................................................................8
Employee representatives ................................................................................................9
Rights of workplace delegates and union representatives ...............................................9
Dispute resolution ...........................................................................................................10
Resolution of individual grievances ................................................................................12
Flexibility clause..............................................................................................................12
PART B – OUR WORKPLACE
14.
15.
16.
17.
18.
19.
Workplace culture ...........................................................................................................14
Health and wellbeing ......................................................................................................15
Capability development ..................................................................................................16
Study Assistance ............................................................................................................16
Performance management .............................................................................................17
Diversity and Inclusion ....................................................................................................18
PART C – EMPLOYMENT CONDITIONS
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Flexible working arrangements .......................................................................................19
Hours of work..................................................................................................................19
APS level staff: flextime and overtime ............................................................................21
Executive Level employees: flexible working hours and time off in lieu (TOIL) .............21
Part-time employment and job sharing ...........................................................................23
Home based work ...........................................................................................................23
Car Parking .....................................................................................................................23
Mobile Phones ................................................................................................................24
PART D – LEAVE
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Transfer of accrued leave (portability) ............................................................................25
Annual leave ...................................................................................................................25
Purchased leave .............................................................................................................26
Cancelled leave ..............................................................................................................26
Christmas close down ....................................................................................................27
Public holidays ................................................................................................................27
Long service leave ..........................................................................................................28
Personal/carer’s leave ....................................................................................................28
Cultural and ceremonial leave ........................................................................................29
Miscellaneous leave .......................................................................................................29
Community service leave ...............................................................................................30
Defence reserve leave ....................................................................................................31
Compassionate leave .....................................................................................................31
Bereavement leave .........................................................................................................31
Unauthorised absence ....................................................................................................32
Parental leave .................................................................................................................32
Maternity leave ...............................................................................................................32
Leave for supporting partners .........................................................................................33
Adoption, fostering, permanent care order, traditional long term substitute
and customary adoption leave
33
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PART F – CLASSIFICATION AND REMUNERATION
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Classification structure ...................................................................................................35
Rates of Pay ...................................................................................................................35
Payment of salary ...........................................................................................................35
Salary on engagement, promotion or movement ...........................................................35
Salary progression ..........................................................................................................36
Salary packaging ............................................................................................................36
Overtime .........................................................................................................................37
Graduates .......................................................................................................................37
NWC Cadet employees ..................................................................................................37
Trainee APS employees .................................................................................................38
Casual staff members .....................................................................................................38
Supported wage system .................................................................................................38
Superannuation ..............................................................................................................39
Salary on reduction .........................................................................................................39
Higher duties allowance .................................................................................................39
Domestic travel assistance .............................................................................................40
Overseas travel assistance ............................................................................................40
Motor vehicle allowance .................................................................................................41
Reimbursement for loss or damage ...............................................................................41
Relocation assistance .....................................................................................................41
First aid officer allowance ...............................................................................................41
Jury service fees .............................................................................................................41
Professional membership/accreditation allowance ........................................................41
PART F – TERMINATION OF EMPLOYMENT
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Termination by staff member ..........................................................................................42
Termination of employment by the Commission ............................................................42
Application ......................................................................................................................42
Workplace support ..........................................................................................................42
Consultation process ......................................................................................................42
Invitation to express interest in voluntary retrenchment .................................................43
Redeployment and re-assignment of duties ...................................................................43
Period of consideration ...................................................................................................43
Period of notice ...............................................................................................................44
Accelerated separation ...................................................................................................44
Where an offer of Voluntary Retrenchment has been accepted ....................................44
Severance Benefit – Recognition of Service ..................................................................45
Severance Benefit – rate of payment .............................................................................46
Retention period .............................................................................................................46
Involuntary retrenchment ................................................................................................47
ATTACHMENT 1 – CLASSIFICATIONS AND PAY RATES
49
ATTACHMENT 2 – KEY TERMS
51
ATTACHMENT 3 – OTHER LEGISLATION
54
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PART A – TECHNICAL AND GENERAL MATTERS
1.
Title
1.1.
2.
This Agreement is called the National Water Commission Enterprise Agreement
2012–2014.
Objective
2.1.
This Agreement aims to facilitate achievement of the prime functions of the
National Water Commission (the Commission) by:
a. encouraging staff members and managers to manage and prioritise workloads
within reasonable working hours;
b. maintaining a strong performance-based culture;
c. focussing on creating an environment which provides high quality service by
ensuring that individuals and teams share a common purpose;
d. identifying and developing cost effective and innovative strategies to meet the
ongoing and future needs of the Commission in a competitive and global
environment, in order to meet best practice objectives;
e. developing flexible work arrangements enabling a balance between work and
personal responsibilities;
f. promoting staff member commitment to the Commission by upholding
workplace diversity, anti-discrimination and employee-friendly principles and
policies;
g. supporting and encouraging staff members to access to learning and
development opportunities to enhance their contribution to the Commission in
achieving its goals; and
h. encouraging staff member compliance with the APS Values and Code of
Conduct within the Public Service Act 1999 (PS Act).
2.2.
In developing this Agreement, four principles have been embraced:
a. the Agreement has been developed to contribute to a harmonious working
environment in the Commission with the aim of ensuring that the Commission
provides employment conditions that appropriately recognise and remunerate
staff members;
b. the arrangements and provisions contained herein have been developed and
will be implemented in the context of the Commission’s overall budget and fiscal
environment;
c. the parties to this Agreement recognise the link between gains in productivity
and the need to reflect these in improved conditions of employment, where
possible; and
d. a commitment to consult with staff members and their representatives, including
through the Workplace Consultative Committee (WCC), on the implementation
of this Agreement and matters that affect staff members in their employment.
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3.
Parties and coverage
3.1.
This Agreement is made under section 172 of the Fair Work Act 2009. It applies to
and binds the Chief Executive Officer (CEO) of the Commission (on behalf of the
Commonwealth) and Commission staff members employed under the PS Act and,
the Community and Public Sector Union (CPSU) and the Media Entertainment Arts
Alliance (MEAA) if Fair Work Australia notes in its decision to approve the
Agreement that the Agreement covers these unions.
3.2.
This Agreement does not cover the employment terms and conditions of:
a. substantive Commission SES staff members; or
b. persons whose salary is paid by another government agency or employer.
4.
Delegations
4.1.
5.
6.
The CEO may delegate to or authorise a person to perform any of the CEO’s
powers or functions under this Agreement.
Operation of the Agreement
5.1.
This Agreement will commence seven days after approval by Fair Work Australia
and nominally expires on 30 June 2014.
5.2.
From the commencement of this Agreement, a party to the Agreement or a staff
member 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.
5.3.
Various employment provisions contained within this Agreement are administered
in conjunction with Commission guidelines or procedures. Commission guidelines
or procedures do not form part of this Agreement and if there is any conflict, the
Agreement prevails over the guidelines or procedures.
5.4.
The Agreement, guidelines and procedures shall be published on the
Commission’s intranet.
Improving efficiency and productivity
6.1.
The parties to this Agreement will work collaboratively over the life of the
Agreement to identify initiatives and implement efficiency measures for the benefit
of the Commission, its staff members, its clients and other stakeholders. This will
include, where applicable, productivities delivered through APS-wide or portfolio
initiatives.
6.2.
The WCC established under this Agreement will discuss and consult with staff
members on proposed productivity arrangements impacting on staff members, to
meet this objective.
6.3.
Initiatives and measures may include but are not limited to:
a. improving workforce capability through changes in work organisation, job
design, flexible work patterns and arrangements;
b. new training and skills development;
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c. new technology and optimum utilisation of capital equipment;
d. streamlining processes within the Commission;
e. work health and safety initiatives; and
f. improving the Commission’s capacity to provide high quality, cost effective
advice and services to its key stakeholders.
6.4.
7.
The parties acknowledge that at the time of entering into this Agreement, the
budget funding for the Commission will be reducing and that changes to the
Commission’s operations will need to continue to be made to ensure that the
Commission remains within the budget funding available.
Consultation relating to major change
7.1.
This clause applies if:
a. the Commission has made a definite decision to introduce a major change to
production, program, organisation, structure, or technology in relation to its
operations; and
b. the change is likely to have a significant effect on staff members of the
Commission.
7.2.
The Commission must notify the relevant staff members of the decision to
introduce the major change.
7.3.
The relevant staff members may appoint a representative for the purposes of the
procedures in this clause. If:
a. a relevant staff member appoints, or relevant staff members appoint, a
representative for the purposes of consultation; and
b. the staff member or staff members advise the Commission of the identity of the
representative,
the Commission must recognise the representative.
7.4.
As soon as practicable after making its decision, the Commission must discuss
with the relevant staff members and their representatives:
a. the introduction of the change; and
b. the effect the change is likely to have on staff members; and
c. measures the Commission is taking to avert or mitigate the adverse effect of the
change on staff members.
7.5.
For the purposes of the discussion provide, in writing, to the relevant staff
members and their representatives:
a. all relevant information about the change including the nature of the change
proposed; and
b. information about the expected effects of the change on staff members; and
c. any other matters likely to affect staff members.
7.6.
However, the Commission is not required to disclose confidential or commercially
sensitive information to the relevant staff members.
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7.7.
The Commission must give prompt and genuine consideration to matters raised
about the major change by the relevant staff members.
7.8.
In this clause, a major change is likely to have a significant effect on staff
members if it results in:
a. the termination of the employment of staff members; or
b. major change to the composition, operation or size of the Commission’s
workforce or to the skills required of staff members; or
c. the elimination or diminution of job opportunities (including opportunities for
promotion or tenure); or
d. the alteration of hours of work; or
e. the need to retrain staff members; or
f. the need to relocate staff members to another workplace; or
g. the major restructuring of jobs.
7.9.
8.
In this clause, relevant staff members means the staff members who may be
affected by the major change.
General staff consultation
8.1.
These provisions are intended to operate in addition to the operation of the
consultation provisions set out in clause 7 of this Agreement.
8.2.
The Commission commits to appropriate consultation with the parties covered by
this Agreement as a basis for the Agreement’s effective implementation.
8.3.
The Commission is committed to consulting with staff members. The key
mechanisms used within the Commission for consultation are:
a. the Workplace Consultative Committee (WCC);
b. regular all staff meetings; and
c. direct discussions with staff members.
8.4.
The WCC comprises:
a. a Chair nominated by the CEO;
b. a representative from human resources nominated by the CEO;
c. a staff member representative from each organisational work unit nominated by
members of that unit;
d. one workplace delegate from each of the CPSU and MEAA; and
e. one organiser from each of the CPSU and MEAA, who will participate in a nonvoting capacity unless a workplace delegate from that union is not in
attendance.
8.5.
Membership of the WCC will be reviewed after 12 months to determine if
representation is appropriate to the structure of the Commission.
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8.6.
The WCC will meet at least twice per year, or more frequently if necessary, and
will provide minutes of its meetings to staff members through either email or the
intranet.
8.7.
A meeting of the WCC, outside of the normal meetings, will occur should three or
more representatives request that the WCC meet to discuss an issue relating to
the Agreement of concern to the Commission or staff members.
8.8.
To the greatest extent possible, representatives on the WCC will be provided with
the relevant discussion documents and agendas one week prior to the meeting.
8.9.
The WCC will be consulted on the development or review of any Commission
guidelines, procedures or other corporate documents relating to matters covered
by this Agreement.
8.10. Staff members will be consulted through the WCC on significant workplace issues
that affect them and will have the opportunity to contribute and have their views on
these issues taken into account before final decisions are made and implemented.
During consultation, staff members may be assisted or represented by a person of
their choice, including a union representative. The staff member must inform the
relevant manager of their chosen representative.
9.
Employee representatives
9.1.
The parties recognise that staff members are free to choose to join or not to join a
union. Irrespective of that choice, staff members will not be disadvantaged or
discriminated against in respect of their employment under this Agreement. Staff
members who choose to be members of a union have the right to have their
industrial interests represented by that union and to participate in lawful union
activities, subject to the terms of this Agreement and relevant industrial legislation.
9.2.
Workplace delegates and the Commission will work together in good faith.
10. Rights of workplace delegates and union representatives
10.1. As with all staff member representatives, the role of union workplace delegates
and other union representatives is to be respected and facilitated in accordance
with Australian Government policy.
10.2. In discharging their representative roles at the workplace level, the rights of union
workplace delegates are:
a. recognition by the Commission that endorsed workplace delegates speak on
behalf of their members in the workplace;
b. the right to be treated fairly and to perform their role as workplace delegates
without any discrimination in their employment;
c. the right to participate in collective bargaining on behalf of those whom they
represent;
d. the right to reasonable paid time, including meetings with representatives and
staff members, to provide information to and seek feedback from staff members
in the workplace on workplace relations matters at the Commission during
normal working hours;
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e. the right to email staff members in their workplace to provide information and
seek feedback, subject to individual staff members exercising a right to ‘opt out’;
f. reasonable access to agency facilities (including telephone, facsimile,
photocopying, internet and email facilities, meeting rooms, lunch rooms, tea
rooms and other areas where staff members meet) for the purpose of carrying
out work as a delegate and consulting with members and other interested staff
members and the union, subject to agency policies and protocols;
g. the right to address new employees about union membership at the time they
enter employment;
h. the right to consultation and access to relevant information about the workplace
and the Commission; and
i. the right to reasonable paid time to represent the interests of members to the
Commission and at industrial tribunals.
10.3. In discharging any roles that may involve undertaking union business, the rights of
union workplace delegates are:
a. reasonable paid time during normal working hours to consult with other
delegates and union officials in the workplace, and receive advice and
assistance from union staff and officials in the workplace;
b. reasonable access to appropriate training in workplace relations matters
including training provided by a union; and
c. reasonable paid time off to represent union members in the Commission at
relevant union forums.
10.4. In exercising their rights, workplace delegates and unions will consider operational
issues, Commission guidelines and procedures and the likely affect on the efficient
operation of the Commission and the provision of services by the Commonwealth.
10.5. For the avoidance of doubt, elected union representatives include APS staff
members elected to represent union members in representative forums, including,
for example, CPSU Section Secretaries, Governing Councillors and Section
Councillors.
10.6. In addition to the Rights of Workplace Delegates and Union Representatives set
out above, the Commission will consider requests from unions for “All-staff” emails
and seek to facilitate those requests where possible, subject to operational
requirements.
11. Dispute resolution
11.1. If a dispute relates to:
a. a matter arising under this Agreement;
b. workplace health and safety issues;
c. the National Employment Standards;
this clause sets out procedures to settle the dispute.
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11.2. The Commission or a staff member or members who are a party to the dispute
may appoint another person, organisation or association to accompany and/or
represent them for the purposes of this clause.
11.3. In the first instance, the parties to the dispute must try to resolve the dispute at the
workplace level, by discussions between the staff member or staff members and
relevant supervisors and/or management.
11.4. If discussions at the workplace level do not resolve the dispute, a party to the
dispute may refer the matter to Fair Work Australia.
11.5. Fair Work Australia may deal with the dispute in two stages:
a. Fair Work Australia will first attempt to resolve the dispute as it considers
appropriate, including by mediation, conciliation, expressing an opinion or
making a recommendation; and
b. if Fair Work Australia is unable to resolve the dispute at the first stage, Fair
Work Australia may then:
i. arbitrate the dispute; and
ii. make a determination that is binding on the parties.
Note: If Fair Work Australia arbitrates the dispute, it may also use the powers that are
available to it under the Fair Work Act 2009.
11.6. A decision that Fair Work Australia makes when arbitrating a dispute is a decision
for the purpose of Div 3 of Part 5.1 of the Fair Work Act 2009. Therefore, an
appeal may be made against the decision.
11.7. Resolution of disputes is to occur in good faith by following the same principles as
the good faith bargaining requirements at section 228 of the Fair Work Act 2009.
11.8. While the parties are trying to resolve the dispute using the procedures in this
clause:
a. a staff member must continue to perform his or her work as he or she would
normally unless he or she has a reasonable concern about an imminent risk to
his or her health or safety; and
b. a staff member must comply with a direction given by the CEO to perform other
available work at the same workplace, or at another workplace, unless:
i. the work is not safe; or
ii. applicable occupational health and safety legislation would not permit the
work to be performed; or
iii. the work is not appropriate for the staff member to perform; or
iv. there are other reasonable grounds for the staff member to refuse to
comply with the direction.
11.9. The parties to the dispute agree to be bound by a decision made by Fair Work
Australia in accordance with this clause.
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12. Resolution of individual grievances
12.1. Where a staff member has a concern about an action and/or decision relating to
their employment, they should initially raise the issue with their manager, or if this
is not appropriate, with the next level of management and seek to have the matter
resolved informally.
12.2. If a staff member is not satisfied with the outcome of any informal review, they may
lodge a formal request for a review of a workplace decision with the CEO. If the
CEO believes that the matter should be subject to a review, the CEO will nominate
an independent and impartial person to conduct a review. The staff member will be
informed of who will conduct the review, the process that will be undertaken and
the timeframe.
12.3. At the conclusion of a review, the CEO will inform the staff member in writing of:
the review decision, the reasons for that decision, any action to be taken as a
result of the review, and the staff member’s right of appeal to the Merit Protection
Commissioner.
12.4. Further information on the handling of reviews can be found in the Review of
Workplace Decisions Guidelines.
13. Flexibility clause
13.1. The CEO and a staff member covered by this Agreement may agree to make an
individual flexibility arrangement to vary the effect of terms of the Agreement if:
a. the arrangement deals with one (1) or more of the following matters:
i. arrangements about when work is performed;
ii. overtime rates;
iii. penalty rates;
iv. allowances;
v. remuneration; and/or
vi. leave; and
b. the arrangement meets the genuine needs of the Commission and the staff
member in relation to one (1) or more of the matters mentioned in paragraph
(a); and
c. the arrangement is genuinely agreed to by the CEO and the staff member.
13.2. The CEO must ensure that the terms of the individual flexibility arrangement:
a. are about permitted matters under section 172 of the Fair Work Act 2009; and
b. are not unlawful terms under section 194 of the Fair Work Act 2009; and
c. result in the staff member being better off overall than the staff member would
be if no arrangement was made.
13.3. The CEO must ensure that the individual flexibility arrangement:
a. is in writing; and
b. includes the name of the Commission and the staff member; and
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c. is signed by the CEO and the staff member and if the staff member is under
18 years of age, signed by a parent or guardian of the staff member; and
d. includes details of:
i. the terms of this Agreement that will be varied by the arrangement; and
ii. how the arrangement will vary the effect of the terms; and
iii. how the staff member will be better off overall in relation to the terms and
conditions of his or her employment as a result of the arrangement; and
iv. states the day on which the arrangement commences and, where
applicable, when the arrangement ceases.
13.4. The CEO must give the staff member a copy of the individual flexibility
arrangement within 14 days after it is agreed to.
13.5. The CEO or the staff member may terminate the individual flexibility arrangement:
a. by giving no more than 28 days written notice to the other party to the
arrangement; or
b. if the CEO and the staff member agree in writing at any time.
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PART B – OUR WORKPLACE
14. Workplace culture
14.1
The Commission is committed to maintaining a diverse workforce and a workplace
that is free from discrimination, bullying and harassment. With a common goal of
promoting a productive workplace, the Commission and staff members will seek to
ensure:
a. a flexible, safe, fair and rewarding workplace, characterised by respect,
courtesy, inclusion and equality;
b. early intervention in instances of workplace harassment, bullying or
discrimination and fair treatment of staff members involved; and
c. appropriate resolution of staff member complaints about alleged workplace
harassment, bullying or discrimination.
14.2
In addition to the Australian Public Service Values and the Code of Conduct, the
Commission has internal values which guide staff members and managers in the
way services are provided to stakeholders and their interactions with one another.
They are:
a. Integrity
being objective, transparent, ethical and accountable in our
decisions and advice;
b. Decency
being courteous and respectful and acting on feedback;
c. Outcomes
being committed to delivery of high quality results over the short
and long term;
d. Rigour
being analytical and thorough, and bringing knowledge and
expertise to our work;
e. Leadership
being committed to speaking up, being courteous and identifying
and responding to emerging issues;
f. Innovation
looking outside the given, applying leading practice and
supporting constant improvement; and
g. Collaboration working together with each other and our stakeholders to achieve
common goals.
14.3
To facilitate in achieving these goals, staff members agree to contribute positively
to a safe and satisfying work environment in the Commission; deal decently with
their Commission colleagues; and seek to foster team morale and mutual personal
support to the benefit of the Commission’s operations.
14.4
Managers will be responsible for the effective, efficient, ethical and economical
management of their team and will be expected to provide leadership and
management to that team so that it can best contribute to the achievement of the
Commission’s goals. Managers will be alert to issues in the workplace and take
timely action in response to reported or observed issues described under this
clause.
14.5
Formal and informal actions are available to resolve any discrimination, bullying or
harassment concerns of aggrieved staff members. These actions range from
mediation between the parties to the lodgement of a formal grievance with an
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associated investigation and the potential for action under the Code of Conduct
procedures.
14.6
Procedures for determining breeches of the Code of Conduct will be undertaken in
accordance with procedural fairness and natural justice, as set out in sections
15(3) and 15(5) of the Public Service Act 1999. A staff member is entitled at any
stage of an investigation or determination process to have a person of their choice
(e.g., a union representative or work colleague) present during meetings or
interviews into allegations of harassment, bullying or discrimination.
15. Health and wellbeing
15.1. The Commission will provide a program of health activities for staff members.
Staff members are encouraged to participate in the activities which will be
promoted on the intranet.
15.2. Workplace health and safety, including protection from bullying and harassment,
will be facilitated by appropriate measures including Health and Safety
Management Procedures, workplace health and safety guidelines, and the
Commission’s Health and Safety Committee (HSC).
15.3. The Commission will:
a. Conduct medical assessments for new staff members;
b. provide workstation assessments;
c. provide staff members with annual influenza vaccinations;
d. provide a range of health related activities to staff members during Health
Week;
e. monitor health and wellbeing issues, and, where appropriate, take appropriate
action to address health and safety issues; and
f. endeavour to fill vacant positions on the HSC within three (3) months.
15.4
A confidential, professional counselling service will continue to be available to help
staff members resolve personal or work related problems. Staff members may
access the Employee Assistance Program (EAP) on a self-referral basis, at no
cost to themselves as per the services agreement between the Commission and
the EAP provider. The program offers a confidential, professional counselling
service to assist staff members with personal problems or issues affecting their
work performance or that are causing other problems within the workplace.
15.5
The Commission is committed to consulting with staff members about workplace
health, safety and welfare matters that may affect them at work. As part of the
consultation mechanisms, the HSC will oversee health, safety and welfare matters
and provide information to staff members and the Executive on these matters.
Further information can be found in the Health and Safety Management
Procedures.
15.6
The Commission will consult with the WCC on proposed health and safety issues
that affect staff members, including changes to procedures or guidelines regarding
these matters.
15.7
The HSC comprises:
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a. a Chair nominated by the CEO;
b. Commission Health and Safety Representatives (HSRs);
c. a representative from human resources nominated by the CEO; and
d. a staff members’ representative from each organisational work unit.
16. Capability development
16.1. The Commission is committed to maintaining its reputation as a learning
organisation and actively supports learning and development opportunities for staff
members. Staff members’ needs will be balanced against organisational
requirements, available resources and availability of opportunities. It is expected
Commission staff members and their managers will identify learning and
development needs and opportunities as part of the performance management
process.
16.2. The Commission will identify and communicate to relevant staff members external
conferences, seminars or opportunities on areas of relevance to Commission
activities that will enable staff members to develop the skills, knowledge and
capability to fulfil mandatory compliance responsibilities, and identify broader
organisational development needs at the Commission.
16.3. The Commission provides numerous capability development opportunities for staff
members including:
a. on the job learning opportunities including special projects and secondments;
b. core skill training such as writing skills, Microsoft office suite, project
management;
c. strategic skill sets including policy and legislative processes, developing
business cases; and
d. seminar series.
17. Study Assistance
17.1. As part of the Commission’s commitment to capability development, staff members
are encouraged to undertake relevant tertiary, professional or technical study
relevant to the work of the Commission. Where staff members are undertaking a
course of study relevant to Commission activities, they may apply for Studies
Assistance to provide for leave and financial assistance to support them in
undertaking these studies.
17.2. Subject to maintaining acceptable academic and work performance levels, staff
members will be provided assistance to obtain those qualifications as approved by
the CEO.
17.3. The assistance provided by the Commission will consist, as applicable, of:
a. partial reimbursement of 50% of education fees associated with units
undertaken each semester, including administrative fees, course fees, and
compulsory travel and accommodation;
b. partial reimbursement of 50% of the costs associated with text books for the
relevant units, and
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c. access to miscellaneous leave of up to 5 hours per week to attend lectures,
tutorials and exams, plus an additional 2 hours per week for travelling time.
Further information on education assistance is contained in the Commission’s
Learning and Development Guidelines.
17.4. Any requests for assistance above these levels may be referred to the CEO for
consideration.
17.5. In addition to the funding and leave available under clause 17.3, The CEO may
approve access up to an additional six (6) hours study leave per week for
Aboriginal and Torres Strait Islander staff members.
17.6. The Commission may also, subject to CEO approval, contribute towards fees for
Aboriginal and Torres Strait Islander staff members, for study to obtain entry into a
tertiary institution and a qualification at a tertiary level.
18. Performance management
18.1. The Performance Management and Development Scheme (PM&DS) provides a
framework for managers and staff members to discuss and establish individual
performance expectations that align with the Commission’s goals and objectives,
and which enables staff members to understand their role and responsibilities and
how they assist the Commission to achieve its goals and objectives.
18.2. Effective performance management assists the Commission and staff members to:
a. support the achievement of organisational goals and objectives;
b. discuss and set performance goals and assess performance against these
goals and objectives;
c. recognise staff members for their performance and achievement at work;
d. support the ongoing capability development needs of staff members; and
e. effectively identify and manage underperformance.
18.3. All staff members are required to participate in the PM&DS. Further information on
the PM&DS is contained in the Commission’s Performance Management and
Development Guidelines.
18.4. Performance ratings for staff members will be based on a four-point rating scale:
Exceptional performance
High performance
Good performance
Requires development
Further information on the rating scale is contained in the Commission’s
Performance Management and Development Guidelines.
18.5. Where underperformance is identified, the Commission will work with the affected
staff member and their manager to attain and sustain the standards required.
Further information on management of underperformance is contained in the
Commission’s Performance Management and Development Guidelines.
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18.6. If the staff member’s performance remains unsatisfactory, the CEO may take
action including: reduction in classification, reassignment of duties or termination of
employment.
18.7. The underperformance provisions contained within the Performance Management
and Development Guidelines do not apply:
a. to staff members on probation;
b. to non-ongoing staff members;
c. if underperformance is due to a medical condition;
d. in cases of suspected misconduct; or
e. if an essential qualification has been lost.
18.8. If underperformance is due to a medical condition, the CEO may take action to
determine fitness for continued duty.
19. Diversity and Inclusion
19.1. The Commission values fairness, equity and diversity consistent with the APS
Values and Code of Conduct.
19.2. The Commission is committed to promoting and supporting workplace diversity
and to creating an environment that values and utilises the contributions of people
with different backgrounds, experiences and perspectives.
19.3. The Commission and its staff members commit to respecting and valuing the
diversity of the Commission’s workforce by helping to prevent and eliminate
discrimination on the basis of race, colour, sex, sexual preference, age, physical or
mental disability, marital status, family responsibilities, pregnancy, religion, political
opinion, national extraction or social origin.
19.4. The parties covered by this Agreement recognise their shared desire to assist and
involve Indigenous people in the workplace by:
a. providing a sensitive and supportive environment for Indigenous people; and
b. supporting Australian Government programs in relation to the employment of
Indigenous people.
19.5. The Commission is also committed to increasing employment opportunities and
accessibility for people with disability, increasing disability awareness, and
ensuring consultation with staff members with a disability occurs when developing
policies and programs that may impact on them.
19.6. The Commission shall implement measures to improve the career pathways of
Aboriginal and Torres Strait Islander staff members, staff members with a disability
and staff members from culturally and linguistically diverse backgrounds, e.g.,
additional training, mentoring programs and cadetships.
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PART C – EMPLOYMENT CONDITIONS
20. Flexible working arrangements
20.1. Managers and staff members have a responsibility to ensure that the flexible
working conditions contained in this Agreement are both administered and
accessed in such a way as to ensure that:
a. working patterns are fair and encourage a balance between work and private
lives for all staff members; and
b. these conditions are applied fairly and consistently across the Commission.
20.2. It is the role of managers to recognise that staff members need to balance work
and private lives and therefore managers should ensure that their staff members
are able to access employment terms and conditions (including the utilisation of
flextime credits, access to time off in lieu (TOIL) and payment for overtime), where
eligible. It is the responsibility of individual staff members to consult their managers
in accessing these terms and conditions and to be aware that operational
requirements may limit access to some conditions at certain times.
20.3. It is important that managers and staff members recognise and accept their mutual
responsibility to integrate the management of working hours and leave planning,
including flexible working arrangements, into the overall approach of business and
workforce planning.
20.4. The Commission recognises the role of carers and the need to provide flexibility to
enable them to meet their caring obligations. A staff member with carer
responsibilities, including those who have care of a child who is:
a. under school age; or
b. under 18 and has a disability
is entitled to discuss these circumstances with their manager. If the staff member
wishes to formally access flexible working arrangements (including working parttime) following these discussions they may apply in writing. Such requests will
only be refused by the CEO on reasonable business grounds.
21. Hours of work
21.1. The Commission recognises that staff members have responsibilities outside the
workplace that may limit their ability to adjust their normal working patterns in
response to workload pressures. Managers will accommodate those
responsibilities wherever possible and will consult with a staff member if there is a
need for the staff member to work beyond their normal hours of work. Staff
members undertake to meet reasonable demands asked of them by their
managers in times of workload pressures.
21.2. Ordinary hours of work for full-time staff are 38 hours per week. This equates to a
standard day of 7 hours and 36 minutes.
21.3. The span of hours during which a staff member may work his or her ordinary hours
is 7.00am to 7.00pm Monday to Friday.
21.4. A staff member’s normal hours are those hours and time, within the agreed span of
hours, that the staff member works on a regular basis.
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21.5. The pattern of hours by which a staff member will work his or her ordinary hours
should be agreed with his or her manager.
21.6. A staff member at or below the APS 6 level must record his or her attendance on a
timesheet and have those entries approved by their manager. Staff members
above the APS 6 level must keep an attendance record as per clause 23.2 of the
Agreement.
21.7. Other than in exceptional circumstances, staff members will not normally be
required to work for more than 10 hours on any one day and should not work more
than five (5) consecutive hours without taking a break of at least 30 minutes.
21.8. Standard working hours are 7 hours and 36 minutes from 8.30am to 12.30pm and
1.30pm to 5.06pm Monday to Friday. Standard working hours will apply:
a. if a staff member and his or her manager cannot agree on a pattern of hours; or
b. if a staff member’s manager considers that the staff member’s attendance is
unsatisfactory or that the staff member is misusing flextime.
21.9. Managers have a responsibility to minimise the extent to which staff members are
required to work beyond normal working patterns, and to ensure that staff
members have reasonable access to Commission resources such as remote
access to IT systems to assist them in achieving appropriate work/life balance.
21.10. Hours worked will continue to be monitored in conjunction with flextime and Time
off in Lieu (TOIL) and otherwise as agreed between managers and staff members.
21.11. Where a staff member is required and agrees to work at the Commission’s
premises more than 10 hours on any one day with limited notice, the staff member
will be provided with a meal at the Commission’s expense.
21.12. Staff members are entitled to refuse to work unreasonable additional hours. In
determining whether additional hours are reasonable, consideration will be given
to:
a. any risk to the staff member’s health and safety from working the additional
hours;
b. the hours the staff member has already worked in the current settlement period
and preceding settlement period;
c. the organisational needs of the Commission;
d. whether the staff member is entitled to receive overtime payments, penalty
rates or other compensation for, or a level of remuneration that reflects an
expectation of, working additional hours;
e. any notice given by the Commission of any request or requirement to work the
additional hours;
f. any notice given by the staff member of their intention to refuse to work
additional hours;
g. the usual patterns of work in the industry, or the part of an industry, in which the
staff member works;
h. the nature of the staff member’s role, and the staff member’s level of
responsibility; and
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i. any other relevant matter.
22. APS level staff: flextime and overtime
22.1. Staff members at or below the APS 6 level, including part-time staff members can
use flextime. Further information is contained in the Commission’s Hours of
Duty/Leave Guidelines.
22.2. The Commission’s flextime arrangements include the following features:
a. when a staff member works more than their standard hours they will
accumulate a flextime credit, and when a staff member works less than their
standard hours they will incur a flextime debit;
b. flextime will be credited or debited on a one-for-one basis (i.e. one additional
hour worked will result in one hour of flextime credit);
c. a staff member may reduce their flextime credit (or incur a flextime debit) by
taking a flextime absence, which is an absence from the workplace during
standard working hours requested in advance by the staff member and
approved by their manager;
d. a flextime absence may be taken in part or full days. A maximum of five (5)
days may be taken consecutively in the settlement period;
e. a staff member may ordinarily carry over a maximum of 38 hours as a flextime
credit, or up to15 hours flextime debit, into the next settlement period;
f. in exceptional circumstances and with the express agreement of their General
Manager, a staff member may carry forward a flextime credit greater than 38
hours but the staff member must reduce the excess credit to 38 hours within
one week of the commencement of the next settlement period;
g. a settlement period is a four (4) week period;
h. where a staff member maintains a flextime debit balance in excess of 15 hours
for four (4) weeks and the excess debit has been discussed with their manager.
Debits in excess of 15 hours at the end of the next settlement period will be
treated as leave without pay and the staff member’s flextime debit will be
reduced to 15 hours; and
i. a staff member with a flextime credit will be allowed to use all of their accrued
flextime credits before ceasing their employment.
22.3. Staff members who are APS level 1 to 6 and who agree, at the request of their
manager, to work outside the hours described under clause 21.3 or on a public
holiday are eligible to receive payment for overtime at the rates set out in clause
53.
22.4. A staff member cannot claim flextime and also receive payment for overtime in
respect of the same hours.
23. Executive Level employees: flexible working hours and time off in lieu (TOIL)
23.1. The Commission recognises the focus on the achievement of outcomes for
Executive Level staff members as senior professionals of the Commission. The
achievement of organisational outcomes may involve considerable work effort,
variable work hours and on occasions a requirement to work over and above
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normal working hours. It is important that these efforts and contributions are
recognised by the Commission, as well as the need to balance the achievement of
organisational outcomes and staff member’s personal commitments.
23.2. Executive Level staff members are able to work flexible hours. This means that
variations in attendance times and short-term absences including full days may be
agreed in advance with their manager and reflected in the staff member’s
attendance record (i.e., diary or Outlook entries, time sheets).
23.3. The arrangements in relation to flexible hours will be designed and agreed by the
manager and Executive Level staff member taking account of the need to balance
the achievement of organisational outcomes and the staff member’s personal
commitments.
23.4. Executive Level staff members are entitled to be absent from the workplace under
an agreement with their manager.
23.5. Executive Level staff members and their managers are required to work together
to manage workloads and working hours.
23.6. Where an Executive Level staff member undertakes significant additional
productive effort which involves working in excess of ordinary hours for sustained
periods the manager and the staff member are required to agree arrangements for
reasonable TOIL to recognise the additional effort. Reasonable TOIL for Executive
Level staff members is not on an hour for hour basis, but these arrangements are
intended to provide Executive Level staff members with fair and reasonable access
to time off.
23.7. TOIL should be taken as soon as practical after the hours worked, subject to
operational requirements.
23.8. As a general rule, TOIL should be discussed between a manager and an
Executive Level staff member where a staff member is required to sustain a
working pattern of greater than the ordinary hours of work described under clause
21.2 during the normal working week, or on a weekend, public holiday or
closedown, at the request of the manager.
23.9. The Commission does not endorse working arrangements that require Executive
Level staff members to work excessive hours over significant periods. Where
situations in relation to excessive hours do arise, the manager is required, with the
staff member, to address the circumstances leading to excessive working hours.
Where situations cannot be resolved locally, the Corporate Management Team will
provide assistance to achieve appropriate working arrangements and facilitate
resolution of the issue.
23.10. Executive Level staff members should not commence work on any day without
having at least 10 hours minimum break, which includes reasonable travelling
time, from the previous day’s work, without specific approval from their manager.
23.11. Regardless of the bandwidth, Executive Level staff members are required to have
a break for at least 30 minutes after five (5) hours of continuous work. Managers
should not give approval for continuous work for longer periods.
23.12. Executive Level staff members are not eligible for overtime payments.
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23.13. Further information on flexible working hours and TOIL are contained in the
Commission’s Hours of Duty/Leave Guidelines.
24. Part-time employment and job sharing
24.1. A part-time staff member is one whose ordinary hours of work are less than
38 hours per week. Staff members who job share will be classed as part-time. All
part-time and job sharing work arrangements will be subject to agreement.
24.2. Staff members should request Part-Time Working Arrangements in writing to the
CEO who will consider their application in light of operational requirements.
24.3. Whilst there is no prescribed limit on the duration of part-time employment,
agreement will be entered into for a defined period and there will be a formal
review on an annual basis between the CEO and the staff member including a
review to ensure that the workload of the staff member is appropriate to the parttime hours worked.
24.4. Remuneration and other employment conditions for part-time staff members are
calculated on a pro-rata basis. For payments that are made on a reimbursement
basis part-time staff members receive the same amount as full-time staff members.
24.5. A part-time staff member will normally be required to work at least three (3)
consecutive hours on his or her nominated workdays. The pattern of working
hours and any variations to the arrangements will be agreed in writing.
24.6. Under normal part-time work arrangements, a staff member will revert to full-time
work at the end of the agreed period unless a renewal of part-time employment is
approved. Subject to the availability of appropriate duties and the agreement of the
CEO, a staff member may on request revert to full-time work before the end of the
agreed period.
25. Home based work
25.1. By agreement with the CEO, a staff member may work from home, either on a
temporary or an ongoing basis.
25.2. In these instances, the Commission will meet the reasonable cost of supplying and
maintaining equipment and materials necessary for the staff member to work at
home.
25.3. Further information on home-based work arrangements are contained in the
Commission’s Home-based Work Guidelines.
26. Car Parking
26.1. Staff members may, subject to the Commission’s Parking Guidelines, access a
vehicle parking space at the Commission’s office at 95 Northbourne Avenue,
Canberra ACT while the Commission is accommodated at that location.
26.2. The Commission will review the Parking Guidelines and access arrangements
periodically to determine whether the arrangements are satisfactory, based on :
a. operational requirements
b. budget objectives, and
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c. staff member compliance with the guidelines and arrangements.
27. Mobile Phones
27.1. The CEO may approve the provision of a mobile phone to a staff member at the
Commission’s expense. Where a Commission mobile phone has been issued to a
staff member, the staff member may use the mobile phone for incidental personal
use. Further information on use of mobile phones are contained in the
Commission’s Mobile Phone Guidelines.
27.2. The CEO may approve the reimbursement to a staff member for the cost of
business calls made on a privately owned mobile phone whilst performing duties
on behalf of the Commission.
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PART D – LEAVE
28. Transfer of accrued leave (portability)
28.1. Where a staff member is engaged (including on promotion or for an agreed period)
by the Commission as either an ongoing or non-ongoing staff member immediately
following a period of employment with an employer staffed under the Public
Service Act 1999, the Parliamentary Service Act 1999, the Governor-General Act
1974 or the ACT Government Service, the staff member’s unused accrued annual
leave and personal/carers leave (however described) will be recognised, provided
there is no break in continuity of service. Any recognised annual leave excludes
any accrued leave paid out on separation.
28.2. If a staff member has a period of service recognised in accordance with the Long
Service Leave Act (Commonwealth Employees) Act 1976, they may have this
service recognised for personal/carers leave (however described) provided that the
break in continuous service is not greater than two (2) months but excludes any
service where the staff member received a redundancy benefit.
28.3. Where prior service is recognised under clause 28.2, the accrual rate will be
reduced for any personal/carers leave (however described) taken or paid out in
lieu. Where there are no available records of leave taken or paid out in lieu, a
deduction of five days per year will be made for assumed usage.
29. Annual leave
29.1. A full-time staff member is entitled to 20 days paid annual leave. Annual leave
accrues on a pro-rata basis for part-time staff members. Annual leave accrues
daily and is credited fortnightly. Annual leave counts as service for all purposes.
29.2. Staff member requests for annual leave will not be unreasonably refused. When
considering requests for leave, the CEO will have regard to the staff member’s well
being and the need for a work/life balance, the work group’s operational
requirements and other leave requirements. If a staff member’s request for leave is
not approved, the staff member will be provided with written reasons for the
refusal. The manager and the staff member will discuss alternative dates that can
be approved.
29.3. Staff members may apply for annual leave at half pay. When considering requests
for leave at half pay, the CEO will have regard to the staff member’s well being and
the need for a work/life balance, the work group’s operational requirements and
other leave requirements.
29.4. If more than 30 days leave that is not to count as service for any purpose is taken
in a calendar year that whole period will not count towards accrual of annual leave.
29.5. Where a staff member has accrued 40 days or more annual leave, the staff
member and their manager should discuss the situation and seek to agree on a
leave management strategy to reduce the amount of accrued annual leave.
29.6. Where a staff member has accrued 60 days or more of annual leave, the CEO
may require the staff member to absent themselves from the workplace and take
annual leave on one month's written notice to the staff member, unless the
manager and staff member have in place a strategy, in writing, to reduce the
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accrued leave within three months. The CEO may require a staff member to take
up to 10 days of annual leave in each instance. The staff member may apply to
take additional annual leave at this time and the application will be approved
unless exceptional circumstances apply. Further details are in the Commission’s
Hours of Duty/Leave Guidelines.
29.7. A staff member may not be required to take annual leave under clause 29.6 where:
a. the staff member has made an application for annual leave for a period of 10
days or more in the previous six (6) month period and the application was not
approved; or
b. the staff member is following a leave management strategy to reduce the staff
member’s amount of accrued leave, which has been agreed with their manager
consistent with clause 29.6.
29.8. Staff members should access a minimum of 5 days annual leave per calendar
year.
29.9. The CEO may approve a staff members application to cash out up to half of the
annual leave being taken at the time of application (i.e., four weeks annual leave
taken, up to two weeks annual leave may be cashed out) subject to:
a. the cash out not reducing the staff member’s accrued annual leave entitlement
below 20 days;
b. each cash out of annual leave must be a separate agreement in writing
between the CEO and the staff member; and
c. the staff member being paid the full amount that would have been payable had
they taken the leave that has been cashed out.
30. Purchased leave
30.1. Staff members may apply to the CEO to purchase additional leave that allows the
staff member to access that additional leave in any year by paying for the leave
progressively over the course of the year.
30.2. The minimum period of purchased leave that can be approved per annum is 3
days.
30.3. Staff members should discuss their intention to access their purchased leave with
their manager, including when they intend to access this leave. Approval to take
purchased leave is as per the Annual Leave provisions of this Agreement.
30.4. Staff members may apply to purchase up to 20 days additional leave per calendar
year. Further details on purchased leave are contained in the Commission’s Hours
of Duty/Leave Guidelines.
31. Cancelled leave
31.1. If a staff member’s leave is cancelled without reasonable notice or the staff
member is recalled to duty then the staff member will be re-credited with the
amount of leave cancelled and reimbursed for any reasonable costs incurred.
Further details are contained in the Commission’s Hours of Duty/Leave Guidelines.
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32. Christmas close down
32.1. The Commission ceases normal business from the close of business on the last
working day before Christmas Day, with business resuming on the first working
day after the New Year’s Day public holiday; this will be known as the Christmas
Closedown.
32.2. Staff members will be provided with time off for the Christmas Closedown with no
loss of leave entitlements and will be paid in accordance with their ordinary hours
of duty.
32.3. The CEO may direct a staff member to attend for duty during the Christmas
Closedown. Staff members directed to work during the Christmas Closedown will
have these days treated as though they were a public holiday.
33. Public holidays
33.1. Staff members will be entitled to the following public holidays each year on full pay:
a. New Year’s Day (1 January);
b. Australia Day (26 January);
c. Good Friday;
d. Easter Monday;
e. Anzac Day (25 April);
f. The Queen’s birthday holiday (on the day on which it is celebrated in a State or
Territory or a region of a State or Territory);
g. Christmas Day (25 December);
h. Boxing Day (26 December); and
i. Any other day, or part-day, declared or prescribed by or under a law of a State
or Territory to be observed generally within the State or Territory, or a region of
the State or Territory, as a public holiday, other than a day or part-day, or a kind
of day or part-day, that is excluded by the Fair Work regulations from counting
as a public holiday.
33.2. If under a state or territory law, a day or part day is substituted for one of the public
holidays listed above, then the substituted day or part day is the public holiday.
33.3. The CEO and a staff member may agree to substitute any public holiday referred
to in clause 33.1 for a cultural or religious day of significance to the staff member.
33.4. The CEO and a staff member may agree to substitute any day or part day that
would otherwise be a public holiday subject to operational requirements.
33.5. A staff member may refuse on reasonable grounds a request to work on a public
holiday.
33.6. Where a staff member is on paid personal or annual leave at full or half pay on
both sides of the public holiday, payment for the public holiday will be made at the
staff member’s full rate of pay.
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33.7. Where a public holiday falls during a period when a staff member is absent on
leave (other than annual leave or paid personal/carer’s leave) there is no
entitlement to receive payment as a public holiday. Payment for that day would be
in accordance with the entitlement for that form of leave (e.g. if on long service
leave on half pay, payment is on half pay).
34. Long service leave
34.1. Staff members are entitled to long service leave in accordance with the Long
Service Leave (Commonwealth Employees) Act 1976. The minimum period of
absence for which long service leave will be granted is seven (7) calendar days.
The CEO will consider applications for long service leave in light of operational
requirements.
35. Personal/carer’s leave
35.1. Staff members are entitled to access paid personal leave when they are:
a. not fit for work because of a personal illness or injury;
b. providing care or support to a member of the staff member’s immediate family,
or a member of the staff member’s household; or
c. meeting family responsibilities of an emergency, short-term and unscheduled
nature.
35.2. Staff members are also entitled to two (2) days unpaid carers’ leave when they are
providing care or support to a member of their immediate family or their household
because of:
a. a personal illness, or personal injury, affecting the family or household member,
or
b. an unexpected emergency affecting the family or household member.
35.3. An ongoing staff member is entitled to paid personal/carer’s leave of 18 days per
year or the part-time equivalent, credited in advance on the staff member’s date of
commencement in the APS and each year thereafter on the anniversary of that
date of commencement.
35.4. A non-ongoing staff member is entitled to paid personal/carer’s leave of 18 days
per year or the part-time equivalent that will progressively accrue on a daily basis.
35.5. If a staff member is unexpectedly unable to attend work the staff member or his or
her representative should make a reasonable effort to notify the relevant
supervisor before 9:30am.
35.6. If a staff member takes more than 30 days leave that does not count as service
within a 12 month period, that whole period of leave will not count towards accrual
of personal/carer’s leave.
35.7. A staff member who accesses a period of personal/carer’s leave in excess of one
consecutive week (or 5 consecutive working days) must provide satisfactory
evidence for the reasons for the leave, i.e. a medical certificate or statutory
declaration.
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35.8. Where a staff member requires an extended period of absence as a result of an
extended illness or injury or family caring responsibility, the CEO may approve the
conversion of the staff member’s full pay credits to half pay to cover the extended
periods of personal/carer’s leave.
35.9. A staff member who is unfit for duty due to a war-caused or defence-caused
condition as determined under the Veterans’ Entitlements Act 1986, is entitled to
war service personal leave. Details are contained in the Commission’s Hours of
Duty/Leave Guidelines.
35.10. If a staff member becomes ill, injured, or is required to provide care or support as
per Clause 35.1 during annual leave, purchased leave or long service leave for a
period of one working day or more, the staff member will have the period of illness
taken from personal leave credits and have the relevant period re-credited as the
appropriate leave type on application. Staff members must provide satisfactory
medical evidence to support this claim, for example a medical certificate or
statutory declaration.
36. Cultural and ceremonial leave
36.1. The Commission is committed to the employment of Aboriginal and Torres Strait
Islander people and recognises the traditional roles and obligations placed on
them to participate in cultural and ceremonial activities.
36.2. To enable Aboriginal and Torres Strait Islander staff members to meet these
obligations they may access the following leave, subject to the CEO’s approval:
a. up to a total of two (2) days leave with pay each financial year to participate in
NAIDOC Week activities or other cultural or ceremonial events;
b. up to a total of three (3) months leave without pay each financial year to fulfil
cultural obligations. This leave will not count as service for any purpose but will
not break continuity of service.
36.3. Aboriginal and Torres Strait Islander staff members may subject to approval also
access personal/carers leave, purchased leave, annual leave, flex and TOIL for
ceremonial purposes.
37. Miscellaneous leave
37.1. Miscellaneous leave may be granted with or without pay for a purpose not
provided for elsewhere in this Agreement.
37.2. There is no automatic entitlement to miscellaneous leave. Applications are
considered subject to the operational requirements of the Commission on a case
by case basis. Appropriate supporting evidence, relevant to the request, is to be
provided with the application.
37.3. Miscellaneous leave will not be granted where another form of leave is more
appropriate, or to allow a staff member to try another career.
37.4. Miscellaneous leave without pay will generally not be granted until all forms of paid
leave are exhausted i.e. long service leave and annual leave.
37.5. The CEO may approve miscellaneous leave may be approved:
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a. with or without pay; and
b. to count as service or not to count as service.
37.6. Examples of miscellaneous leave with pay include:
a. emergency leave for disasters;
b. jury service (please note, a staff member who is on paid miscellaneous leave to
undertake jury service is not eligible to receive jury fees);
c. participation in State or Territory Emergency Service activities;
d. study leave;
e. blood donor leave;
f. ceremonial, cultural and NAIDOC leave;
g. volunteer or community service work (maximum of 1 paid day per year);
h. participation in appropriate union training and forums (such as governing
council meetings) when holding a formal office position;
i. participation in or representation at significant international sporting events (
such as Commonwealth Games); and
j. any other approved purpose.
37.7. Examples of miscellaneous leave without pay include:
a. employment in the interests of the Commission or the APS;
b. accompanying a spouse on an international posting;
c. release of community service volunteers for emergency services duty;
d. volunteer or community service work, in excess of the one day’s paid volunteer
leave per calendar year;
e. long-term learning and development such as full-time study;
f. leave for private purposes for up to 12 months for reasons such as travel, family
reasons or participation in community or sporting events; and
g. any other approved purpose.
37.8. The CEO may approve other unpaid leave in excess of 12 months may be granted
in exceptional circumstances.
37.9. Further information on miscellaneous leave is contained in the Commission’s
Hours of Duty/Leave Guidelines.
38. Community service leave
38.1. A staff member who engages in eligible community service activity is entitled to a
period of leave in accordance with Division 8, Sections 108 and 109 of the National
Employment Standards, administered through the Miscellaneous Leave provisions
of this Agreement.
38.2. Leave for community service personnel for emergency services duties
encompasses leave for regular training, all emergency services responses, travel,
reasonable recovery time and ceremonial duties.
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39. Defence reserve leave
39.1. The CEO may grant a staff member leave, with or without pay, to enable the staff
member to fulfil Australian Defence Force (ADF) Reserve and Continuous Service
(CFTS) or Cadet Force obligations.
39.2. A staff member is entitled to ADF Reserve leave with pay, for up to four weeks
during each financial year for the purpose of fulfilling service in the ADF Reserve.
These purposes include training and operational duty as required.
39.3. During the staff member’s first year of ADF Reserve service, a further two weeks
paid leave may be granted to facilitate participation in additional ADF Reserve
training, including induction requirements.
39.4. With the exception of the additional two weeks in the first year of service, leave
can be accumulated and taken over a period of two years, to enable the staff
member to undertake training as a member of the ADF Reserves.
39.5. Staff members are not required to pay their tax free ADF Reserve salary to the
Commission in any circumstances
39.6. A staff member who is an officer or instructor of cadets in a Cadet Force may be
granted paid leave of up to three weeks each financial year to perform duties as an
officer or instructor of Cadets. For these purposes ‘Cadet Force’ means the
Australian Navy Cadets, Australian Army Cadets, or the Australian Air Force
Cadets.
39.7. Defence Reserve leave counts as service for all purposes, except for unpaid leave
to undertake CFTS. Unpaid leave for the purpose of CFTS counts for all purposes
except annual leave.
39.8. Eligible staff members may also apply for annual leave, long service leave, leave
without pay, top-up pay or they may use flextime or make up time for the purpose
of fulfilling ADF Reserve, CFTS or Cadet Force obligations.
39.9. Staff members are to notify their manager at the earliest opportunity once the
dates for ADF Reserve, CFTS or Cadet Force activities are known and/or
changed.
40. Compassionate leave
40.1. A staff member, including a casual staff member, is entitled to paid compassionate
leave of three (3) days on each occasion where a member of the staff member’s
immediate family or household contracts or develops an illness or injury that poses
a serious threat to his or her life. Compassionate leave may be taken in
accordance with the NES. A staff member may apply to take additional days on
other forms of leave.
41. Bereavement leave
41.1. A staff member, including a casual staff member, is entitled to paid bereavement
leave of three (3) days on each occasion of the death of a member of the staff
member’s immediate family or household. Bereavement leave may be taken in
accordance with the NES. A staff member may apply to take additional days on
other forms of leave.
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42. Unauthorised absence
42.1. If a staff member is absent from work without permission, the Commission will
attempt to contact the staff member. All pay and other benefits provided under this
Agreement will cease to be available until the staff member resumes work or is
granted leave or presents evidence supporting their absence from the workplace,
i.e. a medical certificate or statutory declaration. A period of unauthorised absence
does not count as service for any purpose.
43. Parental leave
43.1. A staff member who has at least 12 months continuous service in the APS and is
the primary caregiver of a newly born, adopted or fostered child, or who is granted
permanent care of a child and is that child’s primary carer, is entitled to unpaid
parental leave of up to 52 weeks (12 months) in accordance with the National
Employment Standards (NES).
43.2. Upon request from the staff member, the CEO will agree to an extension of unpaid
parental leave for a further period of up to 12 months, immediately following the
end of the initial 12 month period.
43.3. A staff member returning from parental leave may apply for flexible working
arrangements including working part-time as provided for in clause 20.4 of this
Agreement.
43.4. On return from parental leave, a staff member is entitled to return to:
a. the staff member’s pre-parental leave position on the same employment and
attendance basis prior to the leave; or
b. if the position no longer exists, an available position for which the staff member
is qualified and suited nearest in employment status and pay to the pre-parental
leave position.
44. Maternity leave
44.1. A staff member is entitled up to 52 weeks maternity leave in accordance with the
Maternity Leave (Commonwealth Employees) Act 1973 and/or Division 5 of Part 22 of the Fair Work Act 2009. The period of 52 weeks will be reduced by any period
of leave taken under clause 44.2.
44.2. A staff member who is entitled to the twelve (12) weeks paid leave under the
Maternity Leave (Commonwealth Employees) Act 1973 is entitled to an additional
two (2) weeks of paid maternity leave under this Agreement.
44.3. The CEO may approve spreading the payment for the paid period of maternity
leave over a maximum period of 28 continuous weeks at half normal pay. The
period of paid leave beyond the paid absence provided in the Maternity Leave
(Commonwealth Employees) Act 1973 plus the additional two (2) weeks will not
count as service for any purpose.
44.4. A staff member is entitled to unpaid special maternity leave if she has a pregnancy
related illness or the pregnancy ends within 28 weeks of the expected date of birth
of the child. This special unpaid maternity leave is administered in accordance with
section 80 of the Fair Work Act 2009.
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45. Leave for supporting partners
45.1. A staff member who is not the primary care giver to a dependent child is entitled to
two weeks (10 days) of paid supporting partner’s leave following the birth,
adoption, fostering or following the granting of permanent care of a dependent
child. The CEO may approve the leave on full or half pay.
45.2. A staff member may access up to three weeks additional leave on full pay from his
or her personal/carer’s leave credits immediately following the period of leave
taken under clause 45.1. Personal/carer’s leave must not be used for the purposes
of this clause if it would be detrimental to a staff member in any respect, when
compared to the NES under the Fair Work Act 2009.
45.3. A staff member with 12 months continuous service in the APS who becomes the
primary care giver of a dependent child, following a period of supporting partners
leave, is entitled to 52 weeks unpaid leave (not to count as service) from the date
of the birth, adoption or fostering of a dependent child or following the granting of
permanent care of a child. The maximum period of 52 weeks is reduced by any
period of leave taken under clauses 45.1 and 45.2.
46. Adoption, fostering, permanent care order, traditional long term substitute
and customary adoption leave
46.1. A staff member with a period of qualifying service as per the Maternity Leave
(Commonwealth Employees) Act 1973 who:
a. is the adopted parent or primary carer of an adopted or fostered child; or
b. is granted permanent care of a child and is that child’s primary carer; or
c. is an Aboriginal or Torres Strait Islander who is assuming the responsibility for a
child (traditional adoption);
and the child:
i. is, or will be, under 18 years at the day of placement, or the expected day of
placement;
ii. has not, or will not have, lived continuously with the staff member for a period of
six months or more as at the day of placement; and
iii. is not a child of the staff member or the staff member’s spouse or de facto
partner
is entitled to 14 weeks paid leave from the date of the placement of the child.
46.2. The CEO may approve leave under clause 46.1 for the purposes of:
a. completing administrative and legal procedures (leave may be granted on more
than one occasion during this stage of the adoption process);
b. travelling to and returning from the location where the staff member first accepts
responsibility for the adopted child; and
c. recuperating with the child upon returning home
46.3. The CEO may approve spreading the payment for the paid period of
adoption/foster/permanent care leave over a maximum period of 28 weeks at half
normal pay.
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46.4.
A staff member with 12 months continuous service in the APS who is entitled to
leave under clause 46.1 is entitled to 52 weeks unpaid leave (not to count as
service) from the date of the placement of the child. The period of 52 weeks is
reduced by any period of leave taken under clause 46.1 after the placement of the
child.
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PART F – CLASSIFICATION AND REMUNERATION
47. Classification structure
47.1. The classification structure for the Commission, including any local designations, is
set out in Attachment 1.
48. Rates of Pay
48.1. In lieu of previous performance pay entitlements, the averaged value of
performance pay will be rolled into rates of pay applying prior to the
commencement of this Agreement. On commencement of this Agreement the
salary band for each classification and the salaries payable to Commission staff
members will be increased by 3%.
48.2. In recognition of the productivity gains to be achieved during the period of
operation of this Agreement, the salary band for each classification and the
salaries payable to Commission staff members will be increased as follows:
a. upon the commencement of this Agreement, a 4% increase to the salary bands
and salaries paid after the roll in of performance pay as provided for at clause
48.1; and
b. a 2% increase on the anniversary of this Agreement or on 1 October 2013
whichever is the earliest.
The salary bands to apply during the period of operation of this Agreement are set
out in Attachment 1.
48.3. The CEO may supplement a staff member’s base salary from time to time. Any
supplementation will be made through an individual flexibility arrangement. Further
information on these increases are contained in the Commission’s Remuneration
Guidelines.
48.4. The following allowances will be increased annually in line with clause 48.2:
a. clause 67 (First aid officer allowance);
b. clause 69 (Professional membership/accreditation allowance).
49. Payment of salary
49.1. Staff members will be paid fortnightly by electronic funds transfer into a financial
institution account of the staff member’s choice.
49.2. The fortnightly rate of pay is calculated using the following formula:
Fortnightly Pay = Annual Salary multiplied by 12 and divided by 313.
50. Salary on engagement, promotion or movement
50.1. A person who is new to the APS or an existing APS staff member who is promoted
to a position in the Commission will be paid at the lower limit of the salary band
applicable to their classification. The CEO may approve payment of a higher salary
after considering the following criteria:
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a. the staff member’s classification
b. the staff member’s skills, knowledge and experience
c. the relevant employment market for the staff member’s skills and experience
d. the responsibilities applicable to the staff member’s duties, and
e. any other relevant factors, including salary received in a former agency.
50.2. Unless the CEO approves otherwise, an existing APS staff member moving to
Commission at the same classification level whose current salary exceeds the
maximum limit for the applicable classification will be maintained on that salary
until it is absorbed by pay increases provided for in this Agreement at the relevant
classification.
51. Salary progression
51.1. On 1 July each year, a staff member (excluding Graduates, Cadets, APS Trainees)
who is not already at the top of the salary band for their substantive classification
and have achieved a performance rating of “Good Performance” or better through
the Commission’s performance management process will be entitled to a salary
increase calculated in accordance with clauses 51.3 to 51.5.
51.2. For staff members performing higher duties, on achieving 12 months service at the
higher classification within a two year period, the CEO may approve an increase in
the remuneration for their higher classification in accordance with clauses 51.3 and
51.5 subject to having performed at “Good Performance” or above.
51.3. The amount of the annual salary increase is calculated according to the following
formula and rounded up to the nearest $100:
Increase = ($maximum - $minimum)/3 for APS 1 to APS5 staff members
Increase = ($maximum - $minimum)/4 for APS6 and EL1 staff members
Increase = ($maximum - $minimum)/5 for EL2 staff members.
51.4. Where a staff member has less than 12 months service or has been on leave
(excluding annual leave) for three months or more during the performance cycle,
the salary increase will be calculated on a pro-rata basis based on their actual
period of duty at the classification.
51.5. The salary progression adjustment cannot exceed the upper limit of the salary
band for the classification. Further information on salary progression is contained
in the Commission’s Remuneration Guidelines.
52. Salary packaging
52.1. Staff members may choose to access flexible remuneration packaging provided
that they meet any additional costs incurred by the Commission. Participation in
salary packaging arrangements will not affect salary for superannuation purposes
or any other purpose. Further information on salary packaging arrangements are
contained in the Commission’s Remuneration Guidelines and Offer of Salary
Packaging letter.
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53. Overtime
53.1. The rate of payment for overtime will be:
Monday to Saturday:
at time and a half for the first 3 hours each day and
double time thereafter
Sunday:
at the rate of double time
Public holiday:
at the rate of double time and a half. For duty within
standard hours, payment will be at time and a half
additional to the single time being paid for the public
holiday.
53.2. A minimum payment period of four (4) hours will apply if the overtime is not
continuous with the staff member’s normal hours of duty, irrespective of the actual
period worked.
53.3. The hourly rate for overtime shall be calculated as:
Hourly rate = Annual Salary multiplied by 12 and divided by 313 divided by 76
53.4. If a staff member is required to work so much overtime that they do not get at least
ten (10) consecutive hours off duty including reasonable travelling time (relevant
rest period), they may:
a. absent themselves from duty for the relevant rest period without loss of pay, or
b. if required to attend duty, receive payment at double time rates for the time
worked until the relevant rest period is taken.
54. Graduates
54.1. A Commission graduate will be engaged as an ongoing staff member at the
minimum pay point of the NWC Graduate Broadband (APS Level 3-5) as set out in
Table 3 of Attachment 1.
54.2. After at least three (3) months service, a graduate who has received a
performance rating of “Good Performance” or better will advanced to the maximum
pay point of the APS Level 3 in the NWC Graduate Broadband with effect from 1
July following the graduate’s commencement date.
54.3. On successful completion of their training program, a graduate will be assessed for
advancement within the NWC Graduate broadband.
54.4. Graduates will not be eligible for higher duties allowance during the course of their
training program.
55. NWC Cadet staff members
55.1. A cadet or Indigenous Australian cadet will be paid as a percentage of the
minimum pay point of the NWC Cadet Broadband (APS Level 1-3) as set out in
Table 4 of Attachment 1 as follows:
a. for full-time study – 57%
b. for practical training – 100%
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55.2. Cadet APS staff members will undertake a course of training as determined by the
CEO.
55.3. On successful completion of their training requirements, a Cadet will be advanced
to the minimum pay point of the APS 3 classification within the NWC Cadet
Broadband.
56. Trainee APS staff members
56.1. A Trainee APS staff member will undertake a course of training determined by the
CEO and be paid a percentage of the minimum of the APS1 salary band listed in
Table 1 of Attachment 1, rounded to the nearest dollar, and having regard to
schooling completed and the predetermined average proportion of time to be spent
in approved training. The relevant percentages are listed in Table 5 of Attachment
1.
56.2. On successful completion of their training requirements, a Trainee APS staff
member will be paid at the minimum of the APS1 salary band as listed in Table 1
of Attachment 1.
57. Casual staff members
57.1. Casual staff members are engaged to perform duties that are irregular or
intermittent.
57.2. Staff members engaged on a casual basis will receive a 20 per cent loading in lieu
of paid leave (excluding long service leave, compassionate and bereavement
leave) and public holidays not worked in addition to their hourly rate of salary.
57.3. A casual staff member who is rostered to work on a day that falls on a public
holiday, as identified in clause 33 of this Agreement, and is not required to perform
duties on that day will receive payment for that day at their base rate of pay,
including casual loading.
58. Supported wage system
58.1. A staff member who is affected by a disability may be eligible for assistance under
the supported wage system. Eligible staff members will be paid a percentage of
the relevant salary for their classification based on their assessed capacity for the
work they are performing, as follows:
Assessed Capacity
Percentage of prescribed salary
10%
10%
20%
20%
30%
30%
40%
40%
50%
50%
60%
60%
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70%
70%
80%
80%
90%
90%
58.2. The minimum amount payable to a staff member will not be less than the minimum
amount specified for staff member to whom the special national minimum wage 2
applies as determined from time to time by Fair Work Australia and currently set at
$76 per week.
59. Superannuation
59.1. The Commission will make compulsory employer contributions as required by the
applicable legislation and fund requirements.
59.2. Employer contributions to the PSS Accumulation Plan (PSSap) will be 15.4% of
the staff member’s fortnightly contribution salary or (ordinary time earnings).
Employer contributions for staff members in other accumulation schemes will be at
the same rate as for staff members in PSSap.
59.3. Employer contributions will not be reduced by any other contributions made
through salary sacrifice arrangements. This clause does not apply where a
superannuation fund cannot accept employer superannuation contributions (e.g.
unable to accept contributions for people aged over 75).
60. Salary on reduction
60.1. A staff member’s classification may be reduced at the staff member’s request or if
the CEO directs.
60.2. Reduction by the CEO may occur in the following circumstances:
a. as a sanction in the event of a breach of the APS Code of Conduct;
b. where the staff member is excess to requirements at the higher classification;
c. where the staff member lacks or has lost an essential qualification for
performing duties at the higher classification;
d. on the ground of non-performance or unsatisfactory performance of duties at
the higher classification; or
e. where the staff member is unable to perform at the higher classification
because of physical or mental incapacity.
60.3. If a staff member requests in writing or is directed to perform work at a lower
classification level temporarily or permanently, the staff member’s salary will be
reduced to the maximum limit of the salary band for the lower classification. The
reduction will take effect from the date stipulated in the relevant procedures.
61. Higher duties allowance
61.1. Where the CEO reassigns a staff member to duties at a higher non-SES
classification level for a period of 5 consecutive working days (inclusive of public
holidays) or more, the staff member will be paid a Higher Duties Allowance (HDA).
The allowance is the difference between their normal substantive salary and the
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salary for the higher classification. Further information on HDA are contained in the
Commission’s Remuneration Guidelines.
61.2. Where the CEO reassigns a staff member to duties at a higher level in an SES
position for a period of 5 consecutive working days or more, the staff member will
be remunerated at a salary level determined by the CEO.
62. Domestic travel assistance
62.1. Accommodation of a reasonable standard will be provided at Commission expense
for staff members travelling on official business overnight.
62.2. Where staff members are travelling on official business overnight, the reasonable
cost of their meals will also be paid by the Commission and they may receive an
allowance of $20 per overnight stay to cover incidental expenses.
62.3. Staff members may be issued with a Government credit card to cover the
expenses associated with their official travel.
62.4. Government credit cards when used for travel purposes must be used strictly in
accordance with the Commission’s Chief Executive Instructions.
62.5. Where staff members are provided with meals at Commonwealth expense or
hosted by other organisations, other than while they are in transit, they will not be
entitled to charge costs for meals purchased in place of the meals provided on
their Government credit card.
62.6. When staff members stay overnight for business purposes, they will be entitled to
reasonable travel between their temporary place of employment and the place of
their accommodation at the Commission’s expense, as set out in the
Commission’s Chief Executive Instructions.
62.7. Where a staff member travels in excess of or outside the standard daily hours of
duty as described in clause 21.8, but does not stay overnight, the staff member will
be entitled to use their Government credit card to cover reasonable meal
expenses, e.g., purchasing breakfast or dinner.
62.8. Staff members are not entitled to claim spouse accompanied travel.
62.9. Where staff members are required to travel frequently, with the approval of the
CEO they may acquire airline club membership at the Commission’s expense.
Details of the frequency of travel necessary to acquire club membership at
Commission expense are contained in the Commission’s Chief Executive
Instructions.
63. Overseas travel assistance
63.1. Where staff members are required to undertake official business overseas, they
will use a Government credit card to cover their travel related expenses, and will
also receive an acquittable allowance of $50 per day to cover their expenses
where a Government credit card is not accepted.
63.2. Conditions relating to overseas travel are contained in the Commission’s Chief
Executive Instructions.
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64. Motor vehicle allowance
64.1. The CEO may approve a staff member to use a private vehicle for official purposes
if it results in greater efficiency or less expense for the Commission.
64.2. Staff members who have been approved to use a private vehicle will receive a
motor vehicle allowance at the rate per kilometre set by the Australian Taxation
Office for claiming motor vehicle expenses as an income tax deduction.
64.3. Staff members using a private vehicle for official travel must have a current driver’s
license, vehicle registration and comprehensive insurance cover. Further
information on use of a private vehicle for official travel is contained in the
Commission’s Chief Executive Instructions.
65. Reimbursement for loss or damage
65.1. The CEO may approve the reimbursement of reasonable repair or replacement
costs where appropriate evidence is submitted that a staff member has
suffered loss or damage to their clothing and/or personal effects, which occurred in
the course of their duties.
66. Relocation assistance
66.1. Where a staff member is required to perform duty interstate for a period of
between 21 days and three months, the CEO and the staff member will negotiate
an agreed package of assistance to meet the additional costs incurred as a result
of being temporarily relocated.
67. First aid officer allowance
67.1. Where the CEO assigns a staff member who has a current first aid certificate from
the St John Ambulance Association, the Australian Red Cross Society or
equivalent to the role of First Aid Officer, the staff member will be entitled to an
allowance of $28 per fortnight.
67.2. The allowance will not be payable during any periods of unpaid leave or paid leave
in excess of 20 days.
68. Jury service fees
68.1. A staff member who is on miscellaneous leave with pay to undertake jury service is
not eligible to receive juror’s fees except for an expenses related payment.
69. Professional membership/accreditation allowance
69.1. The Commission recognises the benefits of membership of professional
organisations and will reimburse membership fees and accreditation fees of up to
$500 per annum where a membership or accreditation from a professional
association is an essential requirement for a staff member to undertake their
responsibilities for the Commission, or as agreed by the CEO.
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PART F – TERMINATION OF EMPLOYMENT
70. Termination by staff member
70.1. To ensure effective workforce planning and the payment of all final entitlements in
a timely manner, staff members may terminate their employment with the
Commission by providing written notification at least two weeks prior to their
expected departure date, or four weeks for staff members who are classified as
Executive Level 1 and above. Further information on the administration of
separation arrangements are contained in the Commission’s Separation
Guidelines.
71. Termination of employment by the Commission
71.1. Nothing in this Agreement prevents the CEO from terminating the employment of a
staff member for serious misconduct, without further notice or payment in lieu, in
accordance with sub-section 123(1)(b) of the Fair Work Act 2009, subject to
compliance with the procedures established by the CEO for determining whether a
staff member has breached the APS Code of Conduct under section 15 of the PS
Act.
MANAGEMENT OF EXCESS STAFF MEMBERS
72. Application
72.1. The following provisions will apply to any Commission staff member who is an
excess staff member, other than non-ongoing staff members or staff members on
probation.
73. Workplace support
73.1. The CEO may approve a request from an excess staff member for assistance in
meeting reasonable travel and incidental expenses incurred in seeking alternative
employment where these are not met by the prospective employer. The CEO will
approve reasonable leave with full pay for the staff member to attend necessary
employment interviews.
73.2. The Commission will observe the APS Redeployment Policy 2011.
74. Consultation process
74.1. Where the CEO becomes aware that a staff member is likely to become excess or
has become excess, the CEO will advise the staff member, in writing as soon as
practicable of the reasons for this decision.
74.2. Within 30 calendar days of notification, the CEO will hold discussions with the staff
member, and the staff member’s nominated representative (if applicable), to
consider:
a. any measures that could be taken to remove or reduce the incidence of the staff
member becoming excess;
b. redeployment opportunities;
c. referral to a redeployment program; and
d. whether voluntary retrenchment, redeployment or re-assignment of duties may
be appropriate.
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74.3. Where a staff member has been notified that he or she is potentially excess and
the staff member or their nominated representative has declined to participate in a
discussion, the CEO may, with the staff member’s agreement, immediately identify
the staff member as excess to the requirements of the Commission and the
provisions of clause 79 (Accelerated Separation) will apply.
74.4. Where a staff member does not express a preference for redeployment or
voluntary retrenchment, the CEO may identify the staff member as excess to the
requirements of the Commission 30 calendar days after the staff member was
notified that he or she is potentially excess.
75. Invitation to express interest in voluntary retrenchment
75.1. The CEO may, prior to the conclusion of these discussions, invite staff members
who are not potentially excess to express interest in voluntary retrenchment, where
this would permit the redeployment of staff members who are potentially excess.
76. Redeployment and re-assignment of duties
76.1. Within a reasonable timeframe, the CEO will take all reasonable steps, consistent
with the interests of the efficient administration of the Commission, to re-assign the
duties of an excess staff member at the same level, within the Commission, or to
assist in the movement of a staff member to another APS agency.
76.2. The Commission will consider an excess staff member in isolation from and not in
competition with other applicants for an advertised job in the Commission at or
below the staff member’s classification level for which the staff member has
applied.
76.3. If necessary, staff members seeking redeployment may be referred to a
redeployment program, if redeployment is not readily available in the Commission.
The Commission will meet any costs associated with this referral.
76.4. An excess staff member who declines an offer of voluntary retrenchment or does
not accept the offer within the 30 day period will be immediately referred to a
redeployment program, unless the staff member was referred prior to receiving the
offer, and a retention period will commence in accordance with clause 82 of this
Agreement.
76.5. A staff member who has been referred to a redeployment program and who has
not already been made an offer of voluntary retrenchment will be made an offer of
voluntary retrenchment two months after the referral if the staff member cannot be
placed within the Commission and redeployment is not successful.
VOLUNTARY RETRENCHMENT
77. Period of consideration
77.1. A staff member who has been advised that he or she is excess and who is not
seeking redeployment will be made only one offer of voluntary retrenchment in
respect of any single retrenchment situation, and will be given 30 days in which to
consider the offer commencing on the day after the offer is made.
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78. Period of notice
78.1. Where an offer of voluntary retrenchment is accepted by the staff member, the
CEO can terminate the staff member’s employment under section 29 of the PS Act
and give the required notice of termination of four (4) weeks or five (5) weeks for a
staff member over 45 years of age with at least five (5) years of continuous
service. The period of notice will commence the day after the staff member is
notified of his or her termination of employment.
79. Accelerated separation
79.1. The CEO may provide staff members likely to be subject to the redundancy
provisions of this Agreement with an accelerated separation option. In addition to
the severance benefit, this option provides staff members who have been identified
as eligible to be made an offer of voluntary redundancy and whose employment is
terminated by the CEO under section 29 of the PS Act on the grounds that they
are excess to requirements within 14 days of receiving it, an amount of 10 weeks’
salary (or 11 weeks’ salary for an employee 45 years of age with a least five years
continuous service). The payments made under this clause are inclusive of the
period of consideration and any statutory entitlement to payment in lieu of notice.
79.2. This option is available to staff members who exit from the Commission prior to the
commencement of any formal consultation with staff members and their nominated
representatives, noting that at any time, the staff member may nominate a
representative they wish to be involved in this matter, in which case the CEO will
hold discussion with the staff member and their representative.
79.3. Where a staff member has elected not to accept an offer under this option, the
redundancy provisions of this Agreement will then apply.
79.4.
Where a staff member requests an earlier termination date within the notice period,
the staff member’s employment will be terminated under section 29 of the PS Act
on that date. Where a staff member’s employment is terminated at the beginning
of, or within, the notice period, the staff member will receive payment in lieu of
notice for the unexpired portion of the notice period on the basis of:
a. the staff member’s current ordinary hours of work;
b. the amounts payable to the staff member in respect of those hours, e.g.
allowances and skills and responsibilities loading; and
c. any other payments under the staff member’s contract of employment except
for accruals of annual or long service leave that would have occurred had the
person remained as a staff member during the relevant notice period.
80. Where an offer of Voluntary Retrenchment has been accepted
80.1. When a staff member is invited to accept voluntary retrenchment, or has been
notified in writing that he or she is potentially excess, he or she will be given
information on the:
a. amount of his or her severance pay, pay in lieu of notice and the balance of any
annual leave and long service leave credits;
b. amount of accumulated superannuation contributions;
National Water Commission – Enterprise Agreement 2012-2014
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c. options available to the staff member concerning his or her superannuation;
d. taxation rules applying to the various payments;
e. access to career advisory services; and
f. availability of assistance up to a maximum amount of $500 for financial advice.
81. Severance Benefit – Recognition of Service
81.1. A staff member who accepts voluntary retrenchment and whose employment is
terminated by the CEO under section 29 of the PS Act on the grounds that he or
she is excess to requirements is entitled to two (2) weeks’ salary for each
completed year of continuous service, plus a pro-rata payment for completed
months of service since the last completed year of service.
81.2. The minimum amount payable will be four (4) weeks salary and the maximum will
be 48 weeks salary subject to any minimum amount the staff member is entitled to
under the National Employment Standard (NES).
81.3. Severance payments involving part-time staff members will be calculated on a prorata basis for any period where they have worked part-time hours during their
period of service and where they have less than the equivalent of 24 years full-time
service subject to any minimum amount the staff member is entitled to under the
NES.
81.4. Service for severance pay purposes means:
a. service in the Commission;
b. Government service as defined in section 10 of the Long Service Leave
Act 1976;
c. service with the Commonwealth (other than service with a joint Commonwealth-
State body corporate in which the Commonwealth does not have a controlling
interest) which is recognised for long service leave purposes;
d. service with the Australian Defence Forces;
e. APS service immediately preceding deemed resignation under the repealed
Section 49 of the repealed Public Service Act 1922 if the service has not
previously been recognised for severance pay purposes; and
f. service in another organisation where the staff member was moved from the
APS to give effect to an administrative re-arrangement; or a staff member of
that organisation is engaged as an APS staff member as a result of an
administrative re-arrangement, and such service is recognised for long service
leave purposes.
81.5. Service that will not count as service for severance pay purposes is any period of
service which ceased through termination on the following grounds:
a. the staff member lacks, or has lost, an essential qualification for performing his
or her duties;
b. non-performance, or unsatisfactory performance, of duties;
c. inability to perform duties because of a physical or mental incapacity;
d. failure to satisfactorily complete an entry level training course;
National Water Commission – Enterprise Agreement 2012-2014
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e. failure to meet a condition of engagement imposed under subsection 22(6) of
the PS Act;
f. breach of the Code of Conduct; or
g. any other ground prescribed by the Public Service Regulations; or
h. on a ground equivalent to those above under the repealed Public Service
Act 1922; or
i. through voluntary retirement at or above the minimum retiring age applicable to
the staff member; or
j. with the payment of a retrenchment benefit or similar payment or a staff
member financed retirement benefit.
81.6. For earlier periods of service to count for severance pay purposes, there must be
no breaks between periods of service, except where:
a. the break in service is less than one (1) month and occurs where an offer of
employment with the new employer was made and accepted by the staff
member before ceasing employment with the preceding employer; or
b. the earlier period of service was with the APS and ceased because the staff
member was deemed to have resigned from the APS on marriage under the
repealed section 49 of the Public Service Act 1922.
81.7. Absences from work which do not count as service for long service leave purposes
will not count as service for severance pay purposes.
82. Severance Benefit – rate of payment
82.1. Salary for severance pay purposes will include:
a. the staff member’s substantive salary adjusted on a pro-rata basis for periods of
part-time service;
b. temporary performance allowance for performance of duties at a higher
classification level where the staff member has been performing duties at the
higher classification level for a continuous period of at least twelve months
immediately prior to the date on which the staff member was given notice of
termination of employment; and
c. other allowances in the nature of salary which have been paid to the staff
member on a regular basis and have continued to be paid during periods of
annual leave, excluding allowances which are a reimbursement for expenses
incurred.
COMMENCEMENT OF RETENTION PERIOD
83. Retention period
83.1. If an excess staff member does not accept voluntary retrenchment, unless the staff
member agrees, the staff member will not be involuntarily terminated by the CEO
under section 29 of the PS Act until the retention period of seven (7) months has
lapsed.
83.2. If a staff member is entitled to a redundancy payment in accordance with the NES
the relevant period in clause 83.1 is reduced by the number of weeks redundancy
National Water Commission – Enterprise Agreement 2012-2014
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pay that the staff member will be entitled to under the NES on termination of
employment, as at the expiration of the retention period (as adjusted by this
clause).
83.3. The retention period will commence on the earlier of the following:
a. the day the staff member is advised in writing by the CEO that he or she is an
excess staff member; or
b. 30 days after the day on which the CEO invites the staff member to accept
voluntary retrenchment.
83.4. The retention period and the notice period may be extended by any periods of paid
personal/carer’s leave not exceeding two (2) months, which is supported by
medical evidence, taken in these periods.
83.5. During the retention period, the CEO:
a. will continue to take reasonable steps to find alternative suitable employment
for the excess staff member; and/or
b. may after giving four (4) weeks’ notice to the staff member; reduce the staff
member’s classification as a means of securing alternative employment for the
excess staff member.
83.6. If a staff member’s classification is reduced during the retention period, the staff
member will continue to be paid at his or her previous level of salary for the
balance of the retention period.
83.7. Where the CEO believes there is insufficient productive work available for the
excess staff member during the retention period, the CEO may, with the
agreement of the excess staff member, terminate the staff member’s employment
under section 29 of the PS Act on the grounds that he or she is excess to
requirements and pay the balance of the retention period as a lump sum amount
as specified in clause 83.8.
83.8. Upon termination the staff member will be paid a lump sum comprising:
a. the balance of the retention period (as shortened for the NES under clause 83.2
above) and this payment will be taken to include the payment in lieu of notice of
termination of employment; and
b. an additional redundancy payment equal to the amount the retention period was
shortened by under clause 83.2 above (i.e. the NES component).
INVOLUNTARY RETRENCHMENT
84. Involuntary retrenchment
84.1. At the end of the retention period, the CEO, subject to redeployment, may
involuntarily retrench the excess staff member under section 29 of the PS Act.
84.2. An excess staff member will not be retrenched involuntarily where:
a. the staff member has not been invited to accept an offer of voluntary
retrenchment; or
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b. the staff member has elected to be retrenched, but the CEO has refused
approval; or
c. the staff member has not been given four (4) weeks’ notice of termination of
employment or five (5) weeks’ notice for an employee over 45 years of age with
at least five (5) years continuous service, or payment in lieu of notice; or
d. there remain staff members who have elected voluntary retrenchment, been
refused, and still wish voluntary retrenchment in the situation where a
redundancy situation affects a number of staff members engaged in the same
work at the same level and location and the staff members have been invited to
retire; or
e. the staff member has not consented and a vacancy exists in the Commission
that would permit the retention in employment of the staff member (in such
cases the staff member would have preference in employment before a
potential staff member who is not engaged by the Commission).
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ATTACHMENT 1 – CLASSIFICATIONS AND PAY RATES
Table 1. General staff classifications
APS
Classification
Local
Designation
Current
Salary
Roll-in of
Performance
Pay
On
commencement
4%
1 October
2013
2%
EL 2
EL2 max
$126,529
$130,325
$135,538
$138,249
EL2 min
$106,314
$109,503
$113,884
$116,161
EL1 max
$101,824
$104,879
$109,074
$111,255
EL1 min
$91,341
$94,081
$97,844
$99,801
APS6 max
$84,977
$87,526
$91,027
$92,848
APS6 min
$75,620
$77,889
$81,004
$82,624
APS5 max
$71,876
$74,032
$76,994
$78,533
APS5 min
$66,260
$68,248
$70,978
$72,397
APS4 max
$64,762
$66,705
$69,373
$70,761
APS4 min
$59,522
$61,308
$63,760
$65,035
APS3 max
$57,651
$59,381
$61,756
$62,991
APS3 min
$53,533
$55,139
$57,345
$58,491
APS2 max
$52,034
$53,595
$55,739
$56,854
APS2 min
$46,793
$48,197
$50,125
$51,127
APS1 max
$45,670
$47,040
$48,922
$49,900
APS1 min
$41,555
$42,802
$44,514
$45,404
EL 1
APS 6
APS 5
APS 4
APS 3
APS 2
APS 1
Table 2. Public Affairs designated positions
APS
Classification
Local
Designation
Current
Salary
Roll-in of
Performance
Pay
On
Commencement
3%
1 October
2013
3%
EL 2
SPAO max
$126,529
$130,325
$135,538
$138,249
SPAO min
$106,314
$109,503
$113,884
$116,161
PAO3 max
$117,536
$121,062
$125,905
$128,423
PAO3 min
$94,139
$96,963
$100,842
$102,859
PAO2 max
$85,324
$87,884
$91,399
$93,227
PAO2 min
$77,448
$79,771
$82,962
$84,622
EL 1
APS 6
Positions locally designated as “Public Affairs” will be subject to advancement based on the
performance management and development scheme and have the following mandatory
qualifications:
a. a degree or diploma or postgraduate degree or diploma with a major in journalism,
communications, public relations, marketing, creative/graphic art design, of an Australian
tertiary institution, or a comparable overseas qualification; or
b. possession of recognised skills or relevant experience in the fields referred to in (a) above;
which the CEO considers appropriate to the duties of the position.
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Table 3. NWC Graduate Broadband
Pay Point
APS
Classification
APS 5
APS 4
APS 3
Current
Salary
Roll-in of
Performance
Pay
On
Commencement
3%
1 October
2013
3%
APS5 max
$71,876
$74,032
$76,994
$78,533
APS5 min
$66,260
$68,248
$70,978
$72,397
APS4 max
$64,762
$66,705
$69,373
$70,761
APS4 min
$59,522
$61,308
$63,760
$65,035
APS3 max
$57,651
$59,381
$61,756
$62,991
APS3 min
$53,533
$55,139
$57,345
$58,491
Table 4. NWC Cadet Broadband
Pay Point
APS
Classification
APS 3
Current
Salary
Roll-in of
Performance
Pay
On
Commencement
3%
1 October
2013
3%
APS3 max
$57,651
$59,381
$61,756
$62,991
APS3 min
$53,533
$55,139
$57,345
$58,491
APS 2
APS2 max
APS2 min
$52,034
$46,793
$53,595
$48,197
$55,739
$50,125
$56,854
$51,127
APS 1
APS1 max
$45,670
$47,040
$48,922
$49,900
APS1 min
$41,555
$42,802
$44,514
$45,044
Table 5. Trainee APS Classification
Year of schooling completed
Years out of school
Year 10
Year 11
Year 12
School Leaver
40%
45%
56%
plus one year out of school
45%
56%
65%
plus two years
56%
65%
73%
plus three years
65%
plus four years
73%
73%
80%
80%
80%
plus five years or more
80%
80%
80%
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ATTACHMENT 2 – KEY TERMS
Agreement
The National Water Commission Enterprise Agreement 2012 - 2014.
APS
The Australian Public Service.
APS staff
member
Refers to a staff member employed under the Public Service Act 1999
and has the same meaning as that for APS employee contained within
the Public Service Act 1999.
Base rate of
pay
The rate of pay payable to the staff member for his or her ordinary
hours of work, but not including any of the following:
 incentive-based payments and bonuses;
 loadings;
 monetary allowances;
 overtime or penalty rates; and
 any other separately identifiable amounts.
CEO
The Chief Executive Officer of the National Water Commission.
Commission
The National Water Commission
Defacto
partner
The defacto partner of a staff member means:
 a person who, although not legally married to the staff member,
lives with the staff member in a relationship as a couple on a
genuine domestic basis (whether the staff member and the person
are of the same sex or different sexes); and
 includes a former defacto partner of the staff member.
Dependant
In relation to a staff member means:
 a staff member’s spouse; or
 a staff member’s partner who stands in a bona fide domestic
relationship with the staff member; or
 a child or parent of the staff member, or of the spouse/partner of the
staff member being a child or parent who ordinarily resides with the
staff member and who is wholly or substantially dependent upon the
staff member.
Excess staff
member
A staff member is excess to the requirements of the Commission if the
CEO determines:
 the staff member is included in a class of staff members employed by
the Commission, and there are more staff members in the class than
is necessary for the efficient and economical working of the
Commission;
 the services of the staff member cannot be effectively used because
of technological or other changes in the work methods, or changes in
National Water Commission – Enterprise Agreement 2012-2014
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the nature, extent or organisation of the functions of the Commission;
or
 the duties usually performed by the staff member are to be performed
by the staff member at a different locality, and the staff member is not
willing to perform duties at that locality.
Family
Family or immediate family means:
 a spouse or defacto partner of the staff member; and/or
 a child (including an adopted child, step child, foster child or an exnuptial child); and/or
 parent, grandparent, grandchild or sibling of the staff member; and/or
 a child (including an adopted child, step child, foster child or an exnuptial child) of the staff member’s spouse or defacto partner; and/or
 a parent, grandparent, grandchild or sibling of a spouse or defacto
partner of the staff member; and/or
 a member of the staff member’s household;
 traditional kinship where there is a relationship or obligation, under
customs and traditions of the community or group to which the staff
member belongs.
Foster child
A foster child of a staff member means a child for whom the staff
member has assumed primary responsibility for the long term care of
the child who is, or will be, under 18 years of age and the child is not
(otherwise than because of fostering) a child of the staff member or the
staff member’s spouse or defacto partner.
Non-ongoing
staff member
A staff member engaged for a specific period, the duration of a specified
task or duties that are irregular or intermittent, as defined by the PS Act.
Ongoing staff
member
Ongoing employment as defined by the PS Act.
Organisational
work unit
An organisational work unit means an organisational group (i.e.,
Planning & Evaluation Group, Industry and Sustainability Group) and a
corporate team (i.e., Communications and Parliamentary Liaison,
Corporate Management Team)
Parliamentary
Service
Parliamentary Services Act 1999
Permanent care
order
A permanent care order is a court order which grants custody and
guardianship of a child (up to the age of 18) to the person or persons
named in the order (not being the child's parent).
PS Act
Public Service Act 1999
Salary
The staff member’s annual rate of pay under this Agreement set in
accordance with Attachment 1 of this Agreement.
SES
A Senior Executive Service staff member under section 34 of the PS Act.
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Staff member
A member of staff of the Commission employed under the PS Act and
paid by the Commission through the payroll system, whose employment
is covered by this Agreement, whether he or she is an ongoing or
non-ongoing staff member, or is employed on a full-time or part-time, or
casual basis.
Substantive
A staff member’s permanent classification level.
Work Level
Standard (WLS)
Describes the work of a particular employment group and the various
work levels (classifications) within that group.
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ATTACHMENT 3 – OTHER LEGISLATION
Other Commonwealth laws concerned with employment include:













Fair Work Act 2009.
Long Service Leave (Commonwealth Employees) Act 1976;
Maternity Leave (Commonwealth Employees) Act 1973;
Work Health and Safety Act 2011;
Public Employment (Consequential and Transitional) Amendment Act 1999;
Public Service Act 1999;
Safety, Rehabilitation and Compensation Act 1988;
Superannuation Act 1976;
Superannuation Act 1990;
Superannuation Act 2005;
Superannuation Guarantee (Administration) Act 1992;
Superannuation Benefits (Supervisory Mechanisms) Act 1990; and
Superannuation Productivity Benefit Act 1988.
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