[2017] FWCA 2513
The attached document replaces the document previously issued with the above code on 8
May 2017.
In Paragraph 3 the CPSU, the Community and Public Sector Union is now listed as a
bargaining representative for the agreement instead of the CEPU, Communications, Electrical,
Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia as
first published.
Christopher McDermott
Agreement Assessor
Member Support Research Team
Dated 9 May 2017
[2017] FWCA 2513
DECISION
Fair Work Act 2009
s.185—Enterprise agreement
Australian Building and Construction Commission
(AG2017/1229)
AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION
ENTERPRISE AGREEMENT 2017-2020
Commonwealth employment
DEPUTY PRESIDENT KOVACIC
CANBERRA, 8 MAY 2017
Application for approval of the Australian Building and Construction Commission Enterprise
Agreement 2017 - 2020.
[1]
An application has been made for approval of an enterprise agreement known as the
Australian Building and Construction Commission Enterprise Agreement 2017-2020 (the
Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).
It has been made by the Australian Building and Construction Commission. The Agreement is
a single enterprise agreement.
[2]
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to
this application for approval have been met.
[3]
The CPSU, the Community and Public Sector Union, being a bargaining
representative for the Agreement, has given notice under s.183 of the Act that it wants the
Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the
organisation.
1
[2017] FWCA 2513
[4]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from
15 May 2017. The nominal expiry date of the Agreement is 15 May 2020.
Printed by authority of the Commonwealth Government Printer
<Price code G, AE424263 PR592716>
2
Australian Building and Construction Commission
Enterprise Agreement 2017
2020
Contents
Contents
PART A — SCOPE OF THE AGREEMENT
Agreement title
Purpose
Commitments to staff
Coverage of the Agreement
Commencement date
Nominal expiry date
Supporting policies, procedures, guides, guidelines and definitions
Delegation
PART B — FORMS OF EMPLOYMENT
Full time employees
Part time employees
Casual employees
PART C — REMUNERATION
Classifications and salary rates
Supported salary rates for employees with disability
Fortnightly pay
Salary on commencement of this Agreement
Salary on engagement, promotion, movement
Salary advancement
Re−assignment to a lower classification
Salary packaging
Overpayment of entitlements
Superannuation
PART D — ALLOWANCES AND ASSISTANCE
Corporate citizen allowance
Community language allowance
Professional payments assistance
Motor vehicle allowance
Additional costs assistance
Healthy lifestyle assistance
Study assistance
Work related travel
Transition to retirement
Remote localities
Broadbanding
Temporary reassignment of duties (temporary performance loading and temporary transfer "at level")
Temporary performance loading (TPL) recommendation
Period of TPL attracting payment
Level of payment
Payment for partial performance
Short term temporary performance and the Performance and Development Framework
Public holidays or leave
Assistance for temporary relocation
Assistance for permanent relocation
PART E — FLEXIBLE WORKING ARRANGEMENTS
Working from home
Job sharing
Individual Flexibility Arrangement
PART F — WORKING HOURS
Page
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The standard day
Pattern of hours
Flextime scheme
Flex credit balance
Flex debit balance
Deduction of flex debit from salary
Flex balances at cessation
Reversion to standard day
Unauthorised absences
Overtime and time off ni lieu (TOIL)
Part time employees
Calculation
Continuous duty
Non−continuous duty
Call n
i allowance
Restriction allowance
Meal allowance
Recognised public holidays
Christmas closedown
PART G
— LEAVE
Annual leave
Annual leave cash out
Personal/carer's leave
Taking personal/carer's leave
Reappointment after invalidity retirement
Use of personal leave during other forms of leave
Unpaid carer's leave
Compassionate / Bereavement leave
Long service leave
Maternity leave
Additional paid maternity leave
Special maternity leave
Primary caregiver's leave
Paid supporting partner/paternity leave
Unpaid parental leave
Adoption leave
Pre−adoption leave
Return to work from parental or adoption leave
Foster care leave
Purchased leave
Sabbatical leave
Other leave
War service sick leave
Defence reserve leave
Portability of leave
Recognition of prior service
Exceptional circumstances
Return to work after parental leave
PART H — PERFORMANCE MANAGEMENT
Performance Management
Fairness n
i Managing Performance
PART I — MANAGEMENT OF EXCESS EMPLOYEES
Principles
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2
Excess employee
Notification of Potentially Excess Status
Voluntary Redundancy
Redundancy Payments
Calculating Redundancy Payments
Involuntary Redundancy
Retention Period
PART J — SEPARATION
Termination at employer's initiative
Termination at employee's initiative
Payments on death
PART K — WORKING TOGETHER — CONSULTATION AND DISPUTE RESOLUTION
Consultation (model consultation term from the Fair Work Regulations 2009)
Major Change
Change to regular roster or ordinary hours of work
Dealing with disputes for enterprise agreements
ATTACHMENTS
Attachment A — Classifications and salary rates
Attachment B — Supported Wage System
Attachment C − DEFINITIONS and ACRONYMS
3
25
25
26
26
26
27
27
28
28
28
28
29
29
29
30
30
32
32
33
35
PART A — SCOPE OF THE AGREEMENT
Agreement title
This Agreement is to be referred to as the Australian Building and Construction Commission Enterprise Agreement
1.
2017 − 2020 (This Agreement).
Purpose
2.
The purpose of this Agreement is to provide terms and conditions of employment to employees covered by the
Agreement.
Commitments to staff
3.
The Agency is committed to providing flexible working arrangements to assist employees n
i getting an appropriate
balance between their work and personal lives. All parties to this Agreement recognise the need to balance these
flexibilities with the Agency's aim to perform its functions n
i the most efficient and effective manner.
4.
Managers and employees will work to ensure the flexible working arrangements are used to achieve working
patterns which provide a balance between work and personal lives, identify opportunities for improved productivity
and minimise the need for employees, including Executive Level employees, to work hours n
i excess of their usual
hours.
5.
Where practicable, the Agency will consult on major changes to policies, procedures and guidelines that are in
place to support the operation of this Agreement. Changes will be made available to staff for comment and
feedback for a minimum period of one week. The Agency will take into account comments or feedback received
n
i relation to the changes prior to the policy, procedure or guideline being finalised.
6.
The Agency will provide a workplace that actively supports the careers and cultural needs of all employees,
including by supporting the Commonwealth Aboriginal and Torres Strait Islander Employment Strategy.
Coverage of the Agreement
7.
This Agreement covers the employees of the ABCC (the Agency), except employees engaged as Senior Executive
Service (SES) employees.
Commencement date
8.
This Agreement will commence seven days after it is approved by the Fair Work Commission (FWC) (the
commencement date).
Nominal expiry date
9.
This Agreement shall nominally expire three years after the commencement date.
Supporting policies, procedures, guides, guidelines and definitions
10.
Any policies, procedures, guides and guidelines referred n
i this Agreement are not incorporated into, and do not
form part of, this Agreement. A term of this Agreement prevails to the extent of any inconsistency with a policy,
procedure, guide or guidelines.
Delegation
11.
Where this Agreement implies that approval is necessary or specifies that payment will be made or leave will be
granted, but a head of power is not specified, this Agreement should be read as meaning the approval of the
Agency Head will be obtained prior to the action occurring.
12.
The Agency Head may delegate any or all of his or her powers or functions under this Agreement, including this
4
power of delegation, and may do so subject to conditions.
PART B — FORMS OF EMPLOYMENT
Full time employees
13.
Full time employees will be engaged on the basis that their ordinary hours of work will be equivalent to 150 hours
per four week period.
14.
Full time employees will be paid fortnightly, n
i arrears, based on the following formula:
Fortnightly pay
—
—
annual salary x 12
313
Part time employees
15.
Part time employees will be engaged on the basis that their ordinary hours of work are less than 150 hours per four
week period.
16.
The ordinary hours of work of a part time employee will be agreed n
i a part time work agreement.
17.
Where the hours of a part time employee are to be varied for a short period, flextime or other flexible arrangements
as agreed between the employee and their manager are to be used.
18.
i arrears, based on the following formula:
Part time employees will be paid fortnightly, n
Fortnightly pay
=
annual salary x 12
313
X
Part time ordinary hours of work
75
19.
Leave and other entitlements of part time employees will be calculated on a pro rata basis, based on the proportion
of hours worked n
i comparison to full time hours.
20.
Clause 18 does not apply to expense related allowances or reimbursements. In such instances, the part time
employee will receive the same allowance amount as a full time employee.
Casual employees
21.
Casual employees are employees who are engaged under subsection 22(2)(c) of the Public Service Act 1999.
22.
Casual employees will be paid fortnightly, n
i arrears, based on the following formula:
Fortnightly pay
= − a n n u a l salary x 12
X
Actual hours worked n
i fortnight
313
X
1.2
75
23.
i lieu of public holidays on
i clause 22 includes a 20 per cent casual loading. This loading is paid n
The formula n
with
the
exception
of
l
o
ng
service
leave (as per the Long
which employees are rostered to work and paid leave,
Service Leave (Commonwealth Employees) Act 1976).
24.
Unless specified elsewhere n
i this Agreement, casual employees are not entitled to paid leave.
PART C — REMUNERATION
Classifications and salary rates
25.
The classifications and salary rates applicable during the term of this Agreement are provided at Attachment A.
5
The salary rates will increase:
On the commencement date:
12 months from commencement date:
18 months from commencement date:
3.00%
2.00%
1.00%
Supported salary rates for employees with disability
26.
Attachment B defines the conditions which will apply to employees who, because of the effects of a disability, are
eligible for a supported wage under the terms of this Agreement.
Fortnightly pay
27.
Payment will be made by electronic funds transfer (EFT) into a financial institution account of the employee's
choice.
Salary on commencement of this Agreement
28.
On commencement of this Agreement, where an existing employee's current salary exceeds the maximum salary
for their classification, the employee's salary will be maintained until such time as it is exceeded by the maximum
salary for their classification.
Salary on engagement, promotion, movement
29.
Where an employee commences n
i or is promoted to a higher classification n
i the Agency, the Agency Head will
determine their salary at a rate within the range of salaries that apply to the employee's classification, having
regard to the experience, qualifications and skills of the employee. Normally this would be at the minimum pay
point of the relevant salary range.
30.
When an employee moves at level from another APS agency and their salary is:
a. above the top pay point of the relevant range for their APS classification as stated at Attachment A, they will be
paid at the top pay point for their APS Classification unless a higher salary is agreed to by the Agency Head; or
b. below the top pay point of the relevant range for their APS classification as stated at Attachment A, but not
aligned with a pay point n
i the range for their APS classification, their salary will be paid at the next highest pay
point n
i that range for their APS classification.
Salary advancement
31.
Salary advancement to a higher pay point will occur for eligible employees from 1 July each year. The actual
payment of salary advancement will generally occur from the beginning of the first full pay period commencing on
or after 1 August each year, back paid to 1 July. To be eligible for salary advancement, an employee must:
a. complete the requirements of the Performance and Development Framework (PDF) with the exception of
employees with reasonable cause; and
b. achieve a 'Meets Expectations' rating at the end of the PDF cycle; and
c. perform duties at the employee's substantive level or above, within the Agency for an aggregate of 3 months or
more within the PDF planning cycle ended 30 June; and
d. where relevant, meet the following additional advancement provisions applying to specific groups of
employees:
i. Salary advancement for probationary employees will commence on the date they satisfactorily complete
their probation period, provided they commenced n
i the Agency prior to 1 April;
ii. Non−ongoing employees will be eligible for salary advancement where they have been engaged at the
same classification to perform the same duties continuously for 6 months during the PDF cycle;
iii. When an ongoing employee has been temporarily reassigned to duties at a higher classification for a
period aggregating 3 months or longer during the PDF cycle and is performing duties of this higher
classification on 1 July, then the employee will be eligible for salary advancement at this higher
classification for the period of Temporary Performance Loading (TPL).
32.
For the purposes of clause 31(a), 'reasonable cause' refers to employees absent from duty due to the following
6
circumstances:
a. long term or frequent absence due to illness or injury (including affecting the employee or their immediate
family or household); or
b. long service leave; or
c. compensation leave; or
d. maternity/adoption leave; or
e. as otherwise determined by the Agency Head.
33.
Employees who commence n
i the Agency after 1 April or who are not eligible for salary advancement in
accordance with clause 31 will not be able to progress to another pay point within the classification salary range
until salary advancement occurs n
i the following year.
34.
The relevant framework is the Performance and Development Framework.
Re−assignment to a lower classification
35.
Where an employee temporarily or permanently reduces to a lower classification level at their own request, by
consent or at the direction of the Agency Head, the Agency Head will determine salary within the lower
classification level having regard to the experience, qualifications and skills of the employee, and the
circumstances under which the reduction occurred. Normally this would be at the top of the salary range of the
lower classification. Such determination will specify the period for which the lower salary will apply.
36.
Clause 35 does not apply to decisions made by the Agency Head n
i relation to breaches of the APS Code of
Conduct or underperformance.
Salary packaging
37.
Employees may choose to sacrifice part of their salary. Participation n
i salary packaging will not affect salary for
superannuation purposes or any other purpose.
38.
The relevant guideline is the Salary Packaging Guideline.
Overpayment of entitlements
39.
Where an employee is overpaid an amount of salary or other remuneration, the employee authorises the Agency
Head to deduct the amount of the overpayment from the next salary instalment unless other arrangements are
agreed. If the deduction would exceed 25% of the total salary instalment payable, the Agency Head and the
employee may agree, n
i writing, on deduction by instalment to recover the overpayment.
Superannuation
40.
The Agency will make compulsory employer contributions as required by the applicable legislation and fund
requirements.
41.
The default fund for the Agency is the Public Sector Superannuation Accumulation Plan (PSSap). The employer
superannuation contribution that will be paid to the PSSap will be n
i accordance with the PSSap Trust Deed. The
amount of PSSap employer contribution on commencement of this Agreement is 15.4%.
42.
Where an employee has chosen an accumulation superannuation fund other than the PSS Accumulation Plan
(PSSap) the employer contribution will be the same percentage of the fortnightly superannuation contribution
salary as that required for employees who are members of the PSSap. This 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).
43.
Employer superannuation contributions will not be paid during periods of unpaid leave that do not count as service,
unless otherwise required by law.
7
44.
The Agency Head may choose to limit superannuation choice to complying superannuation funds that allow
employee and/or employer contributions to be paid through fortnightly electronic funds transfer.
45.
For employees who take paid or unpaid parental leave (which includes maternity, adoption, supporting partner,
primary caregiver and foster care leave), employer contributions (based on the employer contribution amount n
i the
full pay period immediately prior to commencing parental leave) will be made for a period equal to a maximum of
52 weeks, n
i accordance with the rules of the appropriate superannuation scheme. For employees n
i PSSap, the
rules permit employer contributions to be made.
PART D — ALLOWANCES AND ASSISTANCE
Corporate citizen allowance
46.
A corporate citizen allowance will be paid to employees on a fortnightly basis for undertaking the following roles:
a. First Aid Officers;
b. Chief Fire and Floor and Area Wardens; and
c. Health and Safety Representatives.
The amount received fortnightly by those undertaking the roles is:
− $27.81 on commencement of this Agreement
−$28.37 12 months from commencement of this Agreement
− $28.65 18 months from commencement of this Agreement
47.
Employees who are authorised by the Agency to undertake more than one of the above corporate citizen roles will
only receive one payment of the allowance per fortnight. Where an employee is absent for a period of four weeks
or greater, the allowance will not be payable for the full period of the absence, unless required by legislation and
payment will be made to the relief employee acting n
i the corporate citizen role.
48.
The relevant guideline is the Corporate Citizen Allowance Guideline.
Community language allowance
49.
The Agency Head may approve payment of a Community Language Allowance of $700 per annum, paid on a
fortnightly basis to an employee with the required level of competency, as determined by the Agency, where there
is an identifiable and continuing need for particular skills n
i a language other than English.
Professional payments assistance
50.
The Agency will pay for professional practice, membership or other fees for those employees n
i positions where
the Agency Head has determined that those professional skills, qualifications and memberships are required.
Motor vehicle allowance
51.
When a manager authorises an employee to use a private motor vehicle for official purposes, the employee will
receive a Motor Vehicle Allowance at the cents per kilometre rate as prescribed by the Australia Taxation Office
(ATO).
Additional costs assistance
52.
The Agency Head may provide assistance for additional costs arising from operational requirements including, but
not limited to travel, living away from home allowance, additional child care costs, and other costs borne by the
employee n
i the course of their employment.
Healthy lifestyle assistance
53.
Healthy lifestyle assistance may be claimed by an ongoing employee as a reimbursement for costs spent on
healthy lifestyle initiatives of up to $400 per financial year.
8
54.
This payment does not accumulate and claims are only to be for costs incurred within the relevant period.
55.
The relevant guideline is the Healthy Lifestyle Assistance Guideline.
Study assistance
56.
The Agency supports ongoing employees undertaking formal study and encourages eligible employees to apply for
study assistance.
Work related travel
57.
An employee who is required to travel on official business will not be out of pocket for the reasonable costs of
accommodation, meals, incidentals and other travel expenses incurred, as determined by the Agency Head.
58.
Work related travel, where possible, should be undertaken during the normal bandwidth, and time recorded
according to flextime (APS Level 1−6) or Time Off n
i Lieu (Executive Level 1−2) arrangements. Where travel can
only be undertaken outside bandwidth hours, TOIL will be granted to the employee for the travel time outside the
bandwidth. If the employee is directed to undertake travel outside the normal bandwidth, TOIL will be granted to
the employee at overtime rates.
59.
Where an employee is required to undertake travel for less than 1 day, but commences before 7 am or concludes
after 7 pm n
i the State where they work, they:
will
b
e
eligible for non−aquittable cash payment of $20 per day;
a.
OR
b. may use their travel card to purchase the meals (breakfast, lunch or dinner) for which the employee is away
from the home locality to the value of those specified n
i the relevant policy or guideline. The purchase of the
meal must be accompanied by a receipt or Statutory Declaration and the expenditure must be acquitted.
Transition to retirement
60.
To assist employees with retirement planning, employees aged 54 years and over who are approaching or
genuinely considering retirement, may access financial assistance n
i the form of a one off reimbursement payment
$500
total
maxi
m
um
t
o
of
(inclusive
of GST) to obtain financial advice from a registered financial advisor.
up a
61.
n
I addition, employees aged 54 and over who are approaching retirement may elect to work on a part time basis
until retirement subject to approval by the Agency Head.
Remote localities
62.
Remote localities allowance shall be provided to employees n
i the agreed remote localities offices on a fortnightly
basis, at either the "without dependents" or "with dependents" rate.
63.
The remote localities allowance will be paid from time to time and will not be less than:
• for employees with dependents, $10,000 per annum
• for employees without dependents, $6,000 per annum
64.
The relevant guideline is the Remote Localities Guideline.
Broadband ing
65.
Broadbanding describes the action of combining two or more classification levels into a single broadband. A
broadband encompasses the full range of work value of the APS classification levels it reflects. Broadbanding
supports and encourages career progression between levels within the Agency and assists n
i streamlining the
filling of core positions.
66.
The Agency has established a broadband system. At the commencement of this Agreement, all employees will
9
retain their existing APS classification.
67.
Movement through the Broadband Scheme will only be available to ongoing employees whose performance has
been assessed as 'meets expectations' under the Performance and Development Framework.
68.
Movement through the Broadband Scheme is not automatic and can only occur when:
a. there has been an assessment of the employee's work related qualities, including the necessary qualifications,
skills and experience to undertake the higher level work and there is work available at the higher level; OR
b.
an employee is successful in an open merit selection process consistent with clause 10A(1)(c) of the Public
Service Act 1999.
69.
The Broadband Scheme can also be used for employees required to undertake a mandatory training or
development program and whose progression is subject to assessment against that program's outcomes.
70.
The relevant policy is the Broadbanding Policy.
Temporary reassignment of duties (temporary performance loading and temporary
transfer "at level")
71.
The Agency Head may temporarily reassign an employee to other duties as set out n
i the Public Service Act 1999.
72.
The relevant guideline is the Temporary Position Guideline.
Temporary performance loading (TPL) recommendation
73.
To be recommended for payment of TPL, an employee must have been rated as 'Meets Expectations' on the
i his or her substantive position or above, under the most
Performance and Development Framework rating scale n
recent Performance and Development Framework assessment (i.e. the mid or end of cycle review), or where the
manager otherwise certifies that the employee should fill the position, including for developmental purposes.
Period of TPL attracting payment
74.
TPL is payable where an employee is engaged n
i and performs the duties at the higher classification for an
approved period of temporary reassignment.
Level of payment
75.
Where an employee is to be paid TPL, the employee will be paid at the pay point nominated by the Agency Head,
n
i consultation with the relevant employee. Normally, this would be at the minimum pay point within the salary
range.
76.
The pay point attained through salary advancement n
i previous periods of TPL at that classification level will be at
least maintained.
Payment for partial performance
77.
Where the full duties of the position at a higher classification are not being undertaken by the employee, the
i a classification below that of the higher position.
Agency Head may determine a payment at a point n
Short term temporary performance and the Performance and Development
Framework
78.
Where an employee has been temporarily assigned duties of a higher classification, including for short periods, the
performance of those duties will be taken into account n
i an employee's annual Performance and Development
Framework assessment.
10
Public holidays or leave
79.
An employee on TPL who is granted paid leave or who observes a public holiday will continue to receive TPL,
payable having regard to the provisions of this section, during the employee's absence. TPL will not be paid
beyond the date on which the employee would have ceased the period of temporary reassignment had the
employee not been absent. Where the period of leave is paid at less than full pay, payment of TPL will be made
on a pro rata basis.
Assistance for temporary relocation
80.
An employee who temporarily relocates (as opposed to undertaking travel on official business) at the request or
direction of the Agency, may enter into discussions with their manager about a package of assistance to cover
reasonable costs incurred n
i the course of that temporary relocation. Any such package is subject to approval by
the Agency Head.
81.
If the temporary absence is for at least eight weeks, the employee is eligible for one return airfare to the usual work
locality during that period, and during any further eight week period.
82.
If an employee with dependants is accompanied by all their dependants, the return airfare will not be granted. The
i the employee's own time, and all other costs associated with the travel will be met by the
airfare is to be used n
employee.
Assistance for permanent relocation
83.
Employees who are relocated permanently to a different geographic location at the Agency's initiative may discuss
i the course of that temporary relocation with the
a package of assistance to cover the reasonable costs incurred n
relevant manager, to be approved by the Agency Head.
84.
At the discretion of the Agency Head, employees who permanently relocate to a different geographic location at
their own request may discuss a package of assistance with the relevant manager, to be approved by the Agency
Head.
85.
Employees who relocate to take up employment with the Agency will discuss a package of assistance with the
relevant manager, to be approved by the Agency Head.
PART E — FLEXIBLE WORKING ARRANGEMENTS
86.
The Agency is committed to providing flexible working arrangements to assist employees n
i getting an appropriate
balance between their work and personal lives. Al! parties to this Agreement recognise the need to balance these
flexibilities with the Agency's aim to perform its functions n
i the most efficient and effective manager.
87.
Managers and employees will work to ensure that flexible working arrangements are used to achieve working
patterns which provide a balance between work and personal lives, identify opportunities for improved productivity
and minimise the need for employees, including Executive Level employees, to work hours n
i excess of their usual
hours.
88.
An employee may request flexible working arrangements as per section 65 of the Fair Work Act 2009.
89.
The employee is eligible to make this request where they have completed at least 12 months of continuous
qualifying service. In exceptional circumstances, the Agency Head may waive this requirement.
90.
If an employee applies to access any of the flexible working arrangements provisions of this Agreement and the
i writing and consider and
request is denied, the Agency must provide the employee with a reason for the decision n
11
discuss with the employee any alternatives available under this Agreement that may address the employee's work
life balance or carer responsibilities.
For the purpose of clause 89, 'qualifying service' means service that is recognised for redundancy pay purposes.
91.
Working from home
92.
An employee and the Agency Head may agree to the employee working from home on either a regular, temporary
or intermittent basis.
Job sharing
93.
The Agency Head may approve job sharing arrangements between two or more employees subject to operational
requirements and the basis of the employees' applications. The details of any job sharing arrangement will be
i writing between the Agency and the employees involved.
agreed n
Individual Flexibility Arrangement
94.
The Agency Head and employee 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 or more of the following matters:
e
•
•
O
b.
c.
arrangements about when work is performed;
overtime rates;
penalty rates;
allowances;
remuneration; and/or
leave; and
•
•
the arrangement meets the genuine needs of the Agency and employee n
i relation to one or more of the
i clause 94(a); and
matters mentioned n
the arrangement is genuinely agreed to by the Agency Head and employee.
95.
The Agency Head 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
i the employee being better off overall than the employee would be if no arrangement was made.
c. result n
96.
The Agency Head must ensure that the individual flexibility arrangement:
i writing; and
a. is n
d.
includes the name of the Agency and employee; and
is signed by the Agency Head and employee and if the employee is under 18 years of age, signed by a parent
or guardian of the employee; and
includes details of:
e.
the terms of the Agreement that will be varied by the arrangement; and
how the arrangement will vary the effect of the terms; and
i relation to the terms and conditions of his or her employment
how the employee will be better off overall n
and
as a result of the arrangement;
states the day on which the arrangement commences and, where applicable, when the arrangement ceases.
b.
c.
•
•
•
97.
The Agency Head must give the employee a copy of the Individual Flexibility Arrangement within 14 days after it is
agreed to.
98.
The Agency Head or employee may terminate the Individual Flexibility Arrangement:
12
a.
b.
by giving no more than 28 days written notice to the other party to the arrangement; or
if the Agency Head and employee agree n
i writing — at any time.
PART F — WORKING HOURS
The standard day
99.
The standard day is defined as being worked from 8:30 am to 12:30 pm and 1:30 pm to 5 pm (7 hours 30 minutes
per day).
100.
If employees are required to work n
i excess of their ordinary hours over a settlement period, managers will discuss
this requirement with affected employees.
101.
The bandwidth of hours n
i which an employee may work their ordinary hours are 7 am to 7 pm Monday to Friday or
otherwise
agreed
between
the Agency Head and the employee.
as
Pattern of hours
102.
The pattern of hours by which employees meet their ordinary hours of duty will be agreed between the manager
and the employee. Where an agreement cannot be reached, a standard day will apply.
103.
A manager may approve an employee's request to vary the agreed pattern of hours on occasion. A manager may
request a variation to an employee's hours for operational requirements. Where the variation is initiated by the
manager, the employee will work either the alternate pattern of hours or revert to a standard day.
104.
When determining working patterns, managers and employees should consider:
the period of time n
i which all employees are required to attend, for the team or work area; and
a.
b.
any other relevant issues for the team or work area.
105.
An employee will not normally be expected to work more than:
10 hours ordinary time on any day; or
a.
b.
five consecutive hours without a meal break of at least 30 minutes.
Flextime scheme
106.
Flextime is a system of flexible working hour arrangements that enables employees and managers to vary working
hours, patterns and arrangements to provide maximum organisational flexibility with benefit to employees, clients
and the Agency. A business unit may decide to implement the flextime entitlement by means of a scheduled
accumulated day off.
107.
All employees covered by this Agreement are required to record their working hours, including break times and any
leave.
108.
APS 1−6 employees (and their equivalents) are eligible to accrue flextime for duty performed n
i excess of their
ordinary hours of work (over the settlement period), but which does not attract overtime, where there is sufficient
workload to productively engage the employee, and only with the approval of the manager.
109.
The relevant guideline is the Working Arrangements Guideline.
13
Flex credit balance
110.
Employees may carry over a maximum credit of 37.5 hours flex accumulated n
i any settlement period into the next
settlement period.
Flex debit balance
111.
Employees may carry over a maximum debit of 10 hours flex accumulated n
i any settlement period into the next
settlement period.
112.
In circumstances where the maximum debit is exceeded at the end of a settlement period, the employee will
endeavour to reduce the debit to the maximum allowable (or lower) over the next settlement period.
Deduction of flex debit from salary
113.
Should the employee not reduce the debit to the maximum allowable (or lower) over the next settlement period, the
amount by which the maximum is exceeded shall be treated as leave without pay and an appropriate deduction
made by the Agency from the employee's salary. Alternatively, with approval, an employee may use annual leave
to offset any flex debit.
Flex balances at cessation
114.
Prior to cessation of employment, managers should provide opportunities to enable employees to balance any flex
credits or debits. Employees should also take all reasonable steps to balance their flex debit or credit. Where any
flex credits are outstanding at cessation of employment with the Agency these should be paid to the employee at
ordinary rates. Where any flex debits are outstanding at cessation these will be recovered by the Agency from any
termination payment.
Reversion to standard day
115.
When an employee has failed to comply with the provisions of flextime (outlined n
i the Working Arrangements
Guideline), a manager may remove that employee from flextime for a specified period and the employee will revert
to working the standard day. Access to flexible working arrangements will be restored where the manager is
satisfied that the employee will maintain satisfactory attendance patterns.
Unauthorised absences
116.
When an employee is absent from work without approval, reasonable efforts will be made to contact the employee
and to establish the reason for the unauthorised absence.
117.
When an employee is absent from work without approval, all salary and other benefits provided under this
Agreement will cease to be available until the employee resumes work or is granted leave.
118.
When the employee is absent from work without approval for three consecutive working days, action on the
grounds of non−performance of duties may commence which may result n
i the employee's employment being
terminated.
Overtime and time off n
i lieu (TOIL)
APS 1−6 (and equivalents)
119.
Upon provision of reasonable notice, employees may be directed to work reasonable overtime. APS 1−6 level
employees (and their equivalents) will be entitled to payment of overtime n
i accordance with clause 125 where they
directed
b
y
their
perform
work:
t
o
are
manager
outside
the
bandwidth
(except when travelling, refer to clause 58);
a.
b. on a public holiday;
i excess of 10 hours on any one day; or
c. n
14
d.
outside a part time employee's ordinary hours of work.
120.
n
I special circumstances, where an employee is directed to work overtime, the manager may approve access to
overtime for all work performed outside the ordinary hours (plus any additional hours, if relevant) on any one day.
121.
An employee may elect to take TOIL at the appropriate rate instead of payment of overtime.
Executive Level (and equivalents)
122.
Executive Level employees often have extra, irregular and non−ongoing demands placed upon them, including
working beyond ordinary hours. Where an Executive Level employee has been required to work substantially in
i exceptional circumstances, may provide the employee with
excess of ordinary hours, the employee's manager, n
reasonable time off n
i lieu for hours worked. This will not be on an hour−for−hour basis.
123.
Executive Level employees (and their equivalents) are not generally entitled to overtime. However, the Agency
Head may approve overtime payments for excess hours worked n
i exceptional circumstances.
Part time employees
124.
A part time employee directed to perform work n
i excess of the agreed hours of duty over the settlement period,
who has not elected to receive flextime for that work or who is not eligible for flextime will be eligible for overtime in
accordance with clauses 119 to 123.
Calculation
125.
When overtime is worked, the overtime and TOIL are calculated at the following rates:
Monday to Saturday
Time and one half for the first three hours each day and
double time thereafter
Sunday
Double time
Public Holidays
Double time and a half
Continuous duty
126.
Overtime is considered to be continuous with ordinary duty when an employee does not have a break, other than a
meal break, between the periods of ordinary duty and overtime.
Non−continuous duty
127.
Where a period of overtime is not continuous with ordinary duty, the minimum overtime payment is four hours at
the relevant rate. Where the period of overtime is greater than four hours, payment will be made for the actual
period worked at the relevant rate.
Call n
i allowance
128.
An employee not n
i receipt of restriction allowance, up to and including an Executive Level 1 employee, who is
called to work to meet an emergency outside the ordinary (or agreed) span of hours will be paid at double time for
the period of work and any time necessarily spent n
i travelling to and from the work site. The minimum payment for
such work will be two hours at double time.
Restriction allowance
129.
A restriction allowance will be paid where a manager requires that an employee be contactable and available to
work for a specified period outside the standard bandwidth. This payment would only be made to Executive Level
employees n
i exceptional circumstances.
130.
The employee will be paid 10% of their hourly salary for each hour restricted, provided they remain contactable and
ready to perform extra work.
15
131.
Restriction allowance is payable whether or not the restricted employee is required to work. Where an employee
who has been restricted is required to work, they will be paid overtime subject to:
a. a minimum one hour payment when work is performed without the necessity to travel to the workplace;
b. a minimum three hour payment including travel time if work is required to be performed at the workplace;
c. restriction allowance will not be paid while on overtime.
132.
Payment of restriction allowance will not be made to an employee who does not remain contactable or at the
required degree of readiness to perform duties.
Meal allowance
133.
Where an employee is required to work overtime for a continuous period to the completion of or beyond a meal
period, they will be paid a meal allowance of $22.05. An employee who performs overtime at home is not eligible
for a meal allowance.
Recognised public holidays
134.
Employees, other than casuals, will be entitled to the following public holidays:
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 n
i a State or Territory or a region of a State
or Territory);
g. Christmas Day (25 December);
h. Boxing Day (26 December);
.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.
135.
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.
136.
The Agency Head and an employee may agree on the substitution of a day or part−day that would otherwise be a
public holiday, having regard to operational requirements.
137.
In accordance with section 116 of the Fair Work Act 2009, where an employee, other than a casual, is absent from
their normal place of employment on a day, or part−day, that is a public holiday, they will be paid at the employee's
normal rate of pay for the employee's ordinary hours of work on the day or part−day.
138.
Where an APS 1−6 (and equivalent) employee works on a public holiday, the employee will be entitled to overtime
or flex, which will be calculated at double time and a half. An Executive Level employee will be entitled to overtime
as approved by the Agency Head subject to clause 122 and 123.
139.
Where a public holiday occurs n
i a period of annual or personal leave, the public holiday will not be deducted from
the employee's annual or personal leave credits respectively.
140.
Where an employee is on a period of leave without pay and a public holiday occurs, the employee will not be
entitled to payment for the public holiday.
16
Christmas closedown
141.
The Agency will close its normal operations from 12:00 pm on the last working day before Christmas, with business
resuming on the first working day after New Year's Day ('Christmas Closedown').
142.
Employees are entitled to be absent with pay for the working days during Christmas Closedown.
143.
Payment for absences on working days during Christmas Closedown will be made n
i accordance with the
employee's usual ordinary hours of work for that day. However, where an employee would otherwise be absent on
i accordance with the payment for that leave
a prevailing type of leave on the day, the rate of payment will be n
entitlement, e.g. if the employee is absent on long service leave at half pay, payment for the public holiday will also
be at half pay.
PART G — LEAVE
144.
This part details a range of leave options available to employees covered by this Agreement.
145.
The relevant policy is the Leave Policy.
Annual leave
146.
Full time employees are entitled to four weeks of paid annual leave per year of service.
147.
Part time employees are entitled to paid annual leave on a pro−rata basis.
148.
Casual employees are not entitled to paid annual leave.
149.
An employee must obtain their manager's approval prior to taking any annual leave.
150.
Where an employee accrues n
i excess of eight weeks paid annual leave, the Agency Head may, after providing at
least four weeks' notice, direct the employee to take up to two weeks of paid annual leave.
151.
The Agency Head will not direct an employee to take leave where the employee agrees to appropriate
arrangements to reduce the leave balance within an agreed timeframe.
152.
Employees may take annual leave at either full of half pay.
153.
On separation from the APS, the employee will be paid out unused leave entitlements n
i accordance with the Fair
Work Act 2009 and Long Service Leave (Commonwealth Employees) Act 1976.
Annual leave cash out
154.
An employee may cash out accrued paid annual leave subject to the following conditions:
a. the employee must have at least four weeks annual leave remaining after the leave is cashed out; and
i writing for each cashing out of a particular amount of paid annual
b. there must be a separate agreement n
leave.
155.
Where an employee cashes out accrued paid annual leave they must be paid at least the full amount that would
have been payable to the employee had the employee taken the leave.
Personal/carer's leave
156.
An employee (except a casual employee) may access paid personal/carer's leave n
i the following circumstances:
17
a.
b.
where the employee is not fit for work due to personal illness or injury affecting the employee;
to provide care or support to a member of the employee's immediate family, or a member of the employee's
household, who requires care or support because of:
(i)
a personal illness, or personal injury affecting the member; or
(ii)
an unexpected emergency affecting the member.
157.
Employees will be entitled to 18 days personal leave for every 12 months of service. Personal/carer's leave will
accrue progressively.
158.
Employees who are newly engaged n
i the APS can anticipate up to 4 days (pro−rata for part−time employees) of
personal/carer's leave n
i the first 3 months of their employment. Any anticipated leave will be offset against future
accruals.
159.
i exceptional circumstances and
The Agency Head may approve additional anticipated personal/carer's leave n
where current personal/carer's leave credit has been exhausted. Any additional anticipated leave is to be offset by
future leave accruals.
160.
An employee who has received an annual grant of personal/carer's leave on the anniversary date of their
employment during the 12 months prior to the commencement date of this Agreement, will transition to a monthly
accrual at the next anniversary date after commencement of this Agreement.
161.
Part−time employees are entitled to paid personal/carer's leave on a pro−rata basis.
162.
Casual employees are not entitled to paid personal/carer's leave.
163.
Personal/carer's leave accumulates from year to year.
164.
Unused personal/carer's leave will not be paid out on termination of employment.
165.
Where the employment of an employee terminates and the employee has taken leave n
i advance of such leave
accruing, the value of the leave that has been taken but not accrued by the employee will be treated as an
overpayment of entitlements.
Taking personal/carer's leave
166.
Employees must advise their manager as soon as possible of their absence or their intention to be absent.
167.
An employee is required to provide evidence to be entitled to paid personal/carer's leave, where the employee is
absent from work for more than two consecutive days.
168.
Evidence means:
a, a medical certificate;
b.
a statutory declaration, if it was not reasonably practicable for the employee to obtain a medical certificate;
and/or
c.
with the prior agreement or direction of the Agency Head another form of evidence, including no evidence.
169.
The Agency Head may also, n
i writing, require an employee to provide evidence for personal/carer's leave n
i other
circumstances.
170.
If the employee does not provide the required evidence within a reasonable period, the absence will be treated as
unauthorised leave.
18
Reappointment after invalidity retirement
171.
A
employee
who has their APS employment terminated on the grounds of invalidity, and is subsequently
ren
−eng
aged
as a result of action taken under section 75 of the Superannuation Act 1976, the Superannuation Act
1990 and the Superannuation Act 2005, is entitled to be credited with personal leave equal to the balance of
personal/carer's leave at the time of termination.
Use of personal leave during other forms of leave
172.
Employees who are medically unfit while on annual or long service leave and who produce satisfactory medical
evidence may apply for personal or carer's leave. Annual and long service leave will be re−credited to the extent of
the period of personal or carer's leave granted.
173.
An employee is unable to access personal leave while on paid supporting partner/paternity and maternity leave.
Unpaid carer's leave
174.
An employee is entitled to two days of unpaid carer's leave for each occasion (a permissible occasion) when a
member of the employee's immediate family, or a member of the employee's household, requires care or support
because of:
a.
b.
a personal illness, or personal injury, affecting the member; or
an unexpected emergency affecting the member.
175.
An employee may take unpaid carer's leave for a particular permissible occasion as a single continuous period of
up to two days or any separate periods to which the employee and the Agency Head agree.
176.
An employee cannot take unpaid carer's leave during a particular period if the employee could instead take paid
personal/carer's leave.
177.
Medical certificates from registered health practitioners will be accepted for the purpose of personal illness or
injury. Where it is not practicable to provide a medical certificate, a statutory declaration made by the employee
may be accepted.
Compassionate / Bereavement leave
178.
A full−time or part−time employee may take three days paid compassionate / bereavement leave on each occasion
that a member of their family, or household:
a. contracts or develops a personal illness that poses a serious threat to his or her life; or
b. sustains a personal injury that poses a serious threat to his or her life; or
c. dies.
179.
The employee may take the period of leave as a single period of three days, three separate periods of one day
each or any separate periods to which the Agency Head and employee agree.
180.
The Agency Head may require the employee to provide evidence of the illness, injury or death n
i support of the
request for leave.
181.
A casual employee may also access compassionate leave as per the National Employment Standards.
182.
The Agency Head may approve additional compassionate leave on the occasion of the death of a member of an
employee's family or household.
Long service leave
183.
Long service leave will accrue and be available to eligible employees n
i accordance with the Long Service Leave
19
(Commonwealth Employees) Act 1976.
184.
The minimum period for which long service leave will be granted is seven calendar days at full pay (or 14 calendar
days at half pay). Long service leave cannot be broken with other periods of leave, except as otherwise provided
by legislation.
Maternity leave
185.
Employees who are pregnant, or who have given birth are covered by the provisions of the Maternity Leave
(Commonwealth Employees) Act 1973.
186.
Employees may elect to have the payment for this leave spread over a maximum of 24 continuous weeks at a rate
no less than half normal pay. Where the payment is spread over a period of greater than 12 weeks, the additional
leave period will not count as service for any purpose.
Additional paid maternity leave
187.
Full time and part time employees with an entitlement to paid maternity leave under the Maternity Leave
(Commonwealth Employees) Act 1973 are entitled to an additional four weeks paid leave. This leave is to be taken
immediately following the paid leave provided by the Maternity Leave (Commonwealth Employees) Act 1973.
188.
The Agency Head may approve an employee's request to take the additional paid maternity leave over an eight
week period, with payment at a rate no less than half normal pay. Where additional paid maternity leave is taken at
half pay only four weeks of the leave period will count as service.
Special maternity leave
189.
Where a full time or part time employee who is an expectant mother experiences a pregnancy related illness, or if
her pregnancy ends within 28 weeks of expected birth, she will be granted paid personal leave for the period of
leave as set out n
i the medical certificate. If personal leave credits are exhausted, the remainder of leave will be
unpaid.
190.
Special maternity leave will operate n
i conjunction with entitlements under the Maternity Leave (Commonwealth
Employees) Act 1973.
Primary caregiver's leave
191.
Primary caregiver means an ongoing employee with at least 12 months continuous service who:
a. is the partner of a parent who has given birth; and
b. has the sole responsibility for providing care to a newborn baby within the family home during normal business
hours.
192.
The intention of primary caregiver's leave is to enable the partner of a parent who has given birth to access an
entitlement equivalent to paid maternity/parental leave, where:
a. the partner is the primary caregiver of the newborn baby; and
b. the partner of the primary caregiver (regardless of whether or how much employer−provided maternity/parental
leave is granted), returns to employment within 16 weeks of the child's date of birth.
193.
A primary caregiver is entitled to up to 16 weeks paid primary caregiver's leave.
194.
Primary caregiver's leave may be taken at half pay.
195.
Primary caregiver's leave is available for a maximum period of 16 weeks commencing from the date of birth of the
child (or 32 weeks, if taken at half pay).
20
196.
Where paid primary caregiver's leave is taken at half pay, only half of the total weeks of the leave period will count
as service (e.g. 16 weeks if 32 weeks are taken at half pay). The other weeks that do not count as service do not
break the employees' continuous service with the Agency.
197.
Where a primary caregiver's partner has accessed, or intends to access, employer−provided maternity or parental
leave, the primary caregiver may only access paid primary caregiver's leave on a non−concurrent basis (i.e. not
whilst the parent who has given birth is accessing employer−provided maternity/parental leave) so that the
combined period of maternity/parental and primary caregiver's leave does not exceed 16 weeks (or 32 weeks at
half pay).
198.
Applications for primary caregiver's leave must be supported by a signed Statutory Declaration which must include:
a. a statement to the effect that the employee concerned is the primary caregiver for a child and the duration of
the caring arrangements; and
b. n
aonstatement
−concurrent that primary caregiver's leave for the employee concerned will only be accessed on a
basis with any employer provided maternity/parental leave entitlements taken by the employee's
partner.
199.
References to "employer−provided maternity/parental leave" refer to both paid and unpaid leave.
Paid supporting partner/paternity leave
200.
A full−time or part−time employee is entitled to take four weeks paid leave within six months of the birth of the
employee's child, the employee's partner's child, a newly adopted or newly fostered child (where the employee is
not entitled to paid maternity leave under the Maternity Leave (Commonwealth Employees) Act 1973 primary
caregiver's leave, adoption leave or foster care leave).
201.
This leave with pay counts as service for all purposes.
Unpaid parental leave
202.
To enable an employee to care for a new born, newly adopted or newly fostered child under 16 years of age, all
employees are entitled to up to 52 weeks of unpaid parental leave. An employee who takes unpaid parental leave
may request the Agency to agree to an extension of unpaid parental leave for a further period of up to 12 months
immediately following the end of the available parental leave period (in accordance with section 76 of the Fair Work
Act 2009).
203.
This provision does not apply to employees covered by the Maternity Leave (Commonwealth Employees) Act 1973
to the extent that that Act is more beneficial.
204.
The 52 weeks unpaid parental leave can be taken over a 68 week period, with the 68 week period commencing six
weeks before the expected date of birth of the child or, n
i the case of an adopted or fostered child, on the day the
employee assumes responsibility for the child, unless otherwise specified n
i legislation.
205.
Unpaid parental leave does not count as service for any other purpose except as provided n
i the Maternity Leave
(Commonwealth Employees) Act 1973 as amended from time to time.
Adoption leave
206.
Full time or part time employees are entitled to up to 16 weeks paid (or 32 weeks at half pay) adoption leave
where:
i the APS; and
a. the employee has at least 12 months continuous service n
b. is the primary caregiver for the adopted child under 16 years of age.
21
The Agency Head will approve spreading the payment for the period of absence over a maximum period of 32
continuous weeks at a rate no less than half normal pay. Where additional paid adoption leave is taken at half pay
only 16 weeks of the leave period will count as service.
207.
Adoption leave is available from one week prior to the date of placement of a child and must be taken within eight
weeks of the child being adopted. Adoption leave with pay counts as service for all purposes.
Pre−adoption leave
208.
Full time or part time employees n
i the process of adopting a child may take up to two days leave without pay to
attend any interviews or examinations required to obtain approval for the adoption.
Return to work from parental or adoption leave
209.
An employee returning to work from parental, adoption or foster care leave and who is the primary caregiver of the
child may elect to work on a part−time basis until the child has reached school age.
210.
An employee returning to work from maternity leave will also be supported through the provision of paid lactation
breaks.
Foster care leave
211.
The provisions of clause 206 will also apply to long term (more than 12 months) formal fostering arrangements.
Purchased leave
212.
Once n
i any 12 month period, an employee may elect to purchase from one to eight weeks leave.
213.
Purchased leave will count for service for all purposes.
214.
The employee's salary for superannuation purposes continues to be their salary as if they had not purchased
leave.
215.
A reconciliation of purchased leave deductions will be undertaken at the conclusion of the purchased leave period.
Sabbatical leave
216.
The Agency may approve an application from an ongoing employee to work for a four year period followed by a
one year sabbatical leave period.
217.
An employee whose sabbatical leave application is approved will receive one year's sabbatical leave by agreeing
to forgo 20% of their eligible salary on each payday n
i each of the four years immediately prior to going on one
year's sabbatical leave.
218.
During the sabbatical year, employees will be paid an amount equivalent to the total amount forgone from salary
for the previous four years, n
i equal fortnightly instalments.
219.
Should an employee cease employment with the Agency or otherwise leave the scheme, the Agency will pay the
employee the balance of any amount forgone during the four year period.
220.
Sabbatical leave does not count as service for any purpose.
221.
Sabbatical leave does not break continuity of service.
22
Other leave
222.
Other leave may be granted by the Agency Head, having regard to the operational needs of the Agency, including
for purposes that the Agency Head considers to be n
i the interests of the Agency.
223.
Other Leave may be granted:
a. for the period requested or for another period;
b. with or without pay; and
c. subject to conditions.
224.
The relevant policy is the Other Leave Policy.
War service sick leave
225.
Employees who qualify for benefits under the relevant legislation will accrue a credit of nine weeks war service sick
leave on commencement n
i the APS and an annual credit of three weeks for each year of APS service.
226.
Unused credits will accumulate to a maximum of nine weeks.
227.
Employees may be granted war service sick leave only when unfit for duty due to a war−caused condition.
228.
A war−caused or defence−caused condition means an injury or disease that has been accepted by the Department
of Veterans' Affairs within the meaning of relevant legislation to be war−caused or defence−caused to the particular
employee.
Defence reserve leave
229.
An employee may be granted leave (with or without pay) to enable the employee to fulfil Australian Defence Force
(ADF) Reserve and Continuous Full Time Service (CFTS) or Cadet Force obligations.
230.
An employee is entitled to ADF Reserve leave with pay, for up to four weeks during each financial year for the
i the ADF Reserve. These purposes include training and operational duty as
purpose of fulfilling service n
required.
•
•
•
During the employee's first year of ADF Reserve service, a further two weeks paid leave may be granted to
facilitate participation n
i additional ADF Reserve training, including induction requirements.
With the exception of the additional two weeks n
i the first year of service, leave can be accumulated and taken
over a period of two years, to enable the employee to undertake training as a member of the ADF Reserves.
Employees are not required to pay their tax free ADF Reserve salary to the Agency n
i any circumstances.
231.
An employee who is an officer or instructor of cadets n
i 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.
232.
Defence Reserve leave counts as service for all purposes, except for unpaid leave to undertake Continuous Full
Time Service (CFTS). Unpaid leave for the purpose of CFTS counts for all purposes except Annual leave.
Portability of leave
233.
Where an employee moves into the Agency (including on promotion for an agreed period) from another agency
where they were an ongoing APS employee, the employee's unused accrued annual and personal/carer's leave
(however described) will be transferred, provided there is no break n
i continuity of service.
234.
Where an employee is engaged n
i the Agency immediately following a period of ongoing employment n
i the
23
Parliamentary Service or the ACT Government Service, the employee's unused accrued annual leave and
personal/carer's leave (however described) will be recognised unless the employee received payment n
i lieu of
those entitlements on cessation of employment.
235.
For the purposes of clauses 233 and 234:
a. `APS employee' has the same meaning as the Public Service Act 1999.
b. 'Parliamentary Service' refers to engagement under the Parliamentary Services Act 1999.
236.
Where a person is engaged as on ongoing employee n
i the Agency, and immediately prior to the engagement was
employed as a non−ongoing APS employee (whether n
i the Agency or another) the Agency Head may, at the
employee's request, recognise any unused, accrued annual leave (excluding accrued leave paid out on termination
of employment) and personal/carer's leave (however described).
Recognition of prior service
237.
Prior service with organisations where the employee was previously employed under the Public Service Act 1999,
the Parliamentary Service Act 1999, or from the ACT Government Service where there has been a break in
service, for reasons other than redundancy, may be recognised for personal/carer's leave purposes if the break in
service, is not more than two calendar months. Prior service will be recognised for long service leave purposes in
accordance with the Long Service Leave (Commonwealth Employees) Act 1976.
Exceptional circumstances
238.
The Agency Head may, n
i exceptional circumstances, recognise a period of service for personal/carer's leave
purposes.
Return to work after parental leave
239.
On ending parental or maternity leave, an employee is entitled to return to:
a. the employee's pre−parental/maternity leave duties; or
b. if those duties no longer exist — an available position for which the employee is qualified and suited at the same
classification and pay as applied pre−parental/maternity leave. Where this is not practical, other duties will be
sought, with the redeployment, reduction and redundancy provisions applying to any placement.
240.
Duties means those performed:
a. if the employee was moved to safe duties because of the pregnancy — immediately before the move; or
b. if the employee began working part−time because of the pregnancy — immediately before the part−time
employment began; or
otherwise
c.
— immediately before the employee commenced maternity or parental leave.
PART H — PERFORMANCE MANAGEMENT
Performance Management
241.
Employees must participate n
i the Agency's performance and development framework.
management cycle runs from July to June each year.
242.
The Performance and Development Framework sets out performance processes, including the responsibilities,
rights and obligations of managers and employees n
i managing performance.
243.
The following principles underpin the Agency's performance management practices:
a. Managers and supervisors at all levels have a responsibility to lead and manage performance;
24
The performance
b.
All employees will have clear expectations of their performance and will participate n
i regular and effective
performance and feedback discussions;
c.
Where performance improvement is required, employees, supervisors and managers actively work together to
improve performance to the expected standard; and
d.
Fairness is applied n
i performance practices.
Fairness in Managing Performance
The Agency shall have regard to the following during any underperformance process:
a. streamlined and efficient processes;
244.
b.
c.
d.
e.
f.
working with the employee to restore performance of the employee to an acceptable level;
natural justice and procedural fairness;
learning and development assistance for improving performance;
active performance management as an integral part of the workplace culture; and
performance measures and standards to be clearly defined.
245.
Any decision by the Agency Head on action arising as a result of underperformance will not be made until the
employee has been advised n
i writing of the proposed action and has had a reasonable opportunity to respond.
246.
The employee may be supported by a person of their choice during the managing underperformance process and
for any meetings that are relevant to the process.
247.
The relevant guideline is the Managing Underperformance Guideline.
PART I — MANAGEMENT OF EXCESS EMPLOYEES
Principles
248.
Where the Agency Head has identified one or more employees who are likely to become excess, the Agency Head
will arrange for discussions to be held with the employee/s or, where an employee requests, with the employee's
representative, to consider measures that could be taken to resolve the situation, including redeployment
opportunities at or below the employee's substantive level.
249.
This section only applies to an ongoing employee who is not on probation.
Excess employee
250.
An employee is deemed 'excess' when:
•
the employee works n
i a group or team comprising a greater number than is necessary for the efficient and
economical working of the Agency; or
•
due to technological or other changes n
i the work methods of the Agency, or structural or other changes n
i the
nature, extent or organisation of the functions of the Agency, the services of the employee cannot be
effectively used; or
•
the duties usually performed by the employee are to be performed at a different locality and the employee is
not willing to perform those duties at the new locality, and the Agency Head has determined that the employee
is excess to the Agency's requirements.
Notification of Potentially Excess Status
251.
The Agency Head will advise an employee if they are likely to become excess at the earliest practicable time.
25
Voluntary Redundancy
252.
Where the Agency offers an employee a voluntary redundancy, the employee will have a consideration period
within which to accept the offer. Employees will be provided with a two−month consideration period from the date
that the employee was formally offered the voluntary redundancy.
253.
Within the two−month period, the employee will be provided with information on the amount of severance pay, pay
n
i lieu of notice, paid up leave credits, accumulated superannuation contributions; options open to them concerning
superannuation; and the amount of agreed financial assistance available so the employee may seek independent
financial advice up to the value of $1,000 and career counselling up to the value of $1,000.
254.
The two−month consideration period can be reduced by agreement between the employee and the Agency Head
i clause 252 and 253. Unless the employee agrees to
as long as the employee has received the advice outlined n
reduce the two−month period, notice of termination will not occur before the end of that two−month period.
Redundancy Payments
255.
Where the two−month consideration period is reduced, an employee will be paid for the unexpired portion of the
two−month period as at the date of termination. The employee will also receive payment n
i lieu of the relevant
period of notice provided for n
i clause 252.
256.
An employee who elects for retrenchment with a redundancy benefit and whose employment is terminated by the
Agency Head under section 29 of the Public Service Act 1999 on the grounds that the employee is excess to the
requirements of the agency, is entitled to payment of a redundancy benefit of an amount equal to two 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, subject to any minimum amount the employee is entitled to under the
National Employment Standards.
257.
The minimum sum payable will be four weeks' salary and the maximum will be 48 weeks' salary.
258.
If an employee accepts the offer, the Agency Head will give them the required notice of termination of four weeks
(or five weeks for an employee over 45 with at least five years of continuous service) or a lesser period agreed with
the employee. If the employee separates within the notice period, they will be paid for the unexpired portion of the
notice period.
Calculating Redundancy Payments
259.
Redundancy payments will be calculated on:
a. an employee's salary on the date of termination; and
b.
allowances n
i the nature of salary which are paid during periods of annual leave and on a regular basis,
excluding allowances which are a reimbursement for expenses incurred, or a payment for disabilities
associated with the performance of duty.
260.
The
p
a−
rtm
it e redundancy payment will be calculated on a pro rata basis for any period where an employee has worked
hours during their period of service and have less than 24 years full time service, subject to any minimum
amount the employee is entitled to under the National Employment Standards.
261.
Subject to clauses 262−264 service for severance pay purposes means:
i the Agency;
a. service n
b.
Government service as defined n
i section 10 of the Long Service Leave (Commonwealth Employees) Act
1976;
26
c.
d.
262.
service with the Commonwealth (other than service with a joint Commonwealth−State body corporate n
i which
the Commonwealth does not have a controlling interest) which is recognised for long service leave
purposes;
service with the Australian Defence Forces;
e.
APS service immediately preceding deemed resignation under the repealed section 49 of the Public Service
Act 1922 if the service has not previously been recognised for severance pay purposes; and
f.
service n
i another organisation where an employee was transferred from the APS to that organisation with
a
transfer of function or an employee engaged by that organisation on work within a function is appointed
as a
result of the transfer of that function to the APS and such service is recognised for long service leave
purposes.
Periods of service that will not count as service for redundancy pay purposes are
any periods of service that
ceased by way of:
a. termination under section 29 of the Public Service Act 1999;
b.
redundancy; retirement on ground of invalidity; inefficiency or loss of qualifications; forfeiture of office;
dismissal or termination of probationary appointment for reasons of unsatisfactory service; prior to the
commencement of the Public Service Act 1999; or
c.
voluntary retirement at or above the minimum retiring age applicable to the employee, with the payment of
or
a
redundancy benefit or similar payment, or an employer financed superannuation benefit.
263.
For earlier periods of service to count there must be no breaks between the periods of service, except where the
break n
i service is less than one month and occurs where an offer of employment with the
new employer was
made and accepted by an employee before ceasing employment with the preceding employer.
264.
Absences from work, which do not count as service for any purpose, will not count as service for redundancy
pay
purposes.
Involuntary Redundancy
265.
An employee will not have their employment terminated involuntarily if they have not been invited to elect for
voluntary redundancy or if their election to be made redundant voluntarily has been refused.
266.
If an employee does not accept voluntary redundancy, they will not be terminated under section 29 of the Public
Service Act 1999 without agreement for a period of seven months.
Retention Period
267.
A retention period commences on the day after the expiration of the consideration period.
268.
The retention period will be for seven months, less the number of weeks for which the employee is entitled to
redundancy pay under the National Employment Standards.
269.
The Agency Head may agree with the employee to terminate their employment and pay the balance of the
retention period as a lump sum plus the employee's National Employment Standards entitlement to redundancy
pay.
270.
During the retention period the Agency:
a. will assist with attempts to find alternative employment; and/or
b.
i meeting reasonable travel costs and incidental expenses incurred in
may, on request, provide assistance n
seeking alternative employment where these are not met by the prospective employer;
27
c.
may, after giving four weeks notice to an employee, reduce their classification as a means of securing
alternative employment. If this occurs prior to the end of the retention period, an employee will continue to be
paid at their previous level for the balance of the retention period.
271.
The retention period will not be extended by any periods of paid or unpaid leave. The Agency Head may consider
extending a retention period where medical evidence indicates an employee is substantially incapacitated and is
considered to be unfit for work by a medical practitioner nominated by the Agency. It would only be n
i exceptional
circumstances that the retention period would be extended beyond an additional two months.
272.
An employee will be given four weeks notice (or five weeks notice for an employee over 45 with at least five years
of continuous service) of termination to be served (as far as practicable) concurrently with the retention period.
PART J — SEPARATION
Termination at employer's initiative
273.
Notice of termination will be as provided for n
i the National Employment Standards (section 117 of the Fair Work
Act 2009).
274.
Where an ongoing employee is to have their employment terminated, the provisions of section 29 of the Public
Service Act 1999 will apply.
275.
Where procedures outlined n
i this Agreement may lead to termination of employment on any of the allowable
grounds under section 29 of the Public Service Act 1999, those procedures must be followed before an ongoing
employee's employment may be terminated.
276.
Nothing n
i this Agreement prevents the Agency from terminating the employment of an employee for serious
misconduct, without further notice or payment n
i lieu, n
i accordance with clause 123(1)(b) of the Fair Work Act
2009. However, such termination will be subject to compliance with the procedures established by the Agency for
determining whether an employee has breached the APS Code of Conduct.
Termination at employee's initiative
277.
Where an employee terminates their employment, the notice of termination required to be given by an employee is
the same as that required of an employer, except that there is no requirement on the employee to give additional
notice based on the age of the employee concerned. The minimum period of notice is set out below:
Period
Employee's period of continuous service with the
employer at the end of the day the notice is given
Not more than 1 year
More than 1 year but not more than 3 years
More than 3 years but not more than 5 years
More than 5 years
Period
1 week
2 weeks
3 weeks
4 weeks
278.
The obligation to provide notice by an employee may be waived by the Agency Head.
279.
Where an employee resigns on a public holiday, they will be deemed to have resigned on the last working day prior
to the public holiday.
Payments on death
280.
Where an employee dies or is presumed to have died on a particular date, the Agency Head may authorise
28
payment, to be made to the dependants or partner or the legal representative of the employee, of the amount that
would have been paid if the employee had ceased employment by resignation or retirement. Long service leave
credits will be paid out n
i accordance with the Long Service Leave Act (Commonwealth Employees) 1976.
PART K − WORKING TOGETHER − CONSULTATION AND DISPUTE RESOLUTION
Consultation (model consultation term from the Fair Work Regulations 2009)
281.
This part applies if the Agency:
a.
has made a definite decision to introduce a major change to production, program, organisation, structure, or
technology n
i relation to its enterprise that is likely to have a significant effect on the employees; or
b.
proposes to introduce a change to the regular roster of ordinary hours of work of employees.
Major Change
282.
For a major change referred to n
i paragraph 281(a):
a. the Agency must notify the relevant employees of the decision to introduce the major change; and
b. sub paragraphs 283 to 289 apply.
283.
The relevant employees may appoint a representative for the purposes of the procedures n
i this Part.
284.
If:
a.
b.
a relevant employee appoints, or relevant employees appoint, a representative for the purposes of
consultation; and
the employee or employees advise the Agency of the identity of the representative; the Agency must recognise
the representative.
285.
As soon as practicable after making its decision, the Agency must:
a. discuss with the relevant employees
i. the introduction of the change; and
ii. the effect the change is likely to have on the employees; and
iii. measures the Agency is taking to avert or mitigate the adverse effect of the change on the employees; and
b. for the purposes of the discussion — provide, n
i writing, to the relevant employees:
i. all relevant information about the change and including the nature of the change proposed; and
ii. information about the expected effects of the change on the employees; and
iii. any other matters likely to affect the employees.
286.
However, the Agency is not required to disclose confidential or commercially sensitive information to the relevant
employees.
287.
The Agency must give prompt and genuine consideration to matters raised about the major change by relevant
employees.
288.
If a term n
i this Agreement provides for a major change to production, program, organisation, structure or
technology n
i relation to the enterprise of the Agency, the requirements set out n
i paragraph 282(a) and paragraph
283 and 285 are taken not to apply.
289.
n
I this Part, a major change is likely to have a significant effect on employees if it results in:
a. the termination of employment of employees; or
b. major change to the composition, operation, or size of the Agency's workforce or to the skills required of
employees; or
the
elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
c.
d. the alteration of work hours; or
29
e.
f.
g.
the need to retrain employees; or
the need to relocate employees to another workplace; or
the restructuring of jobs.
Change to regular roster or ordinary hours of work
290.
i 281(b):
For a change referred to n
a. the Agency must notify the relevant employees of the proposed change; and
b. paragraphs 291 to 295 apply.
291.
The relevant employee may appoint a representative for the purposes of the procedures n
i this Part.
292.
If:
a. a relevant employee appoints, or relevant employees appoint, a representative for the purposes of
consultation; and
b. the employee or employees advises the Agency of the representative; the Agency must recognise the
representative.
293.
As soon as practicable after proposing to introduce the change, the Agency must:
a. discuss with the relevant employees the introduction of the change; and
b. for the purposes of the discussion — provide to the relevant employees:
i.
all relevant information about the change, including the nature of the change; and
ii, information about what the Agency reasonably believes will be the effects of the change on the
employees; and
iii. information about any other matters that the Agency reasonably believes are likely to affect the
employees; and
c. invite the relevant employees to give their views about the impact of the changes (including any impact in
relation to their family or caring responsibilities).
294.
However, the Agency is not required to disclose confidential or commercially sensitive information to the relevant
employees.
295.
The Agency must give prompt and genuine consideration to matters raised about the change by the relevant
employees.
296.
n
I this Part relevant employees means the employees who may be affected by a change referred to n
i paragraph
281
Dealing with disputes for enterprise agreements
297.
If a dispute relates to:
a. a matter arising under the Agreement; or
b. the National Employment Standards;
this Part sets out procedures to settle the dispute.
298.
i this
An employee who is party to the dispute may appoint a representative for the purposes of the procedures n
Part.
299.
n
I the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions
between the employee or employees and relevant supervisors and/or management.
300.
If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the
Fair Work Commission.
301.
The Fair Work Commission may deal with the dispute n
i two stages:
30
a.
b.
the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by
mediation, conciliation, expressing an opinion or making a recommendation; and
if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may
then:
i. arbitrate the dispute; and
ii. make a determination that is binding on the parties.
Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that the
Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may
be made against the decision.
302.
While the parties are trying to resolve the dispute using the procedures n
i this Part:
employee
continue
perform
her
must
hi
s
h
e
work
t
o
i accordance with
a. an
as
or
or she work normally n
established custom and practice n
i their substantive role that existed prior to the dispute arising unless he or
she has reasonable concern about an imminent risk to his or her health or safety; and
b. an employee must comply with a direction given by the Agency 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 employee to perform; or
iv. there are other reasonable grounds for the employees to refuse to comply with the direction.
303.
The parties to the dispute agree to be bound by a decision made the by the Fair Work Commission n
i accordance
with this Part.
31
ATTACHMENTS
Attachment A− Classifications and salary rates
Broadband
Band 1.1
Band 1.2
Band 1.3
Band 2.1
Band 2.2
Band 2.3
Band 3.1
Band 3.2
Government
Lawyer
Broadband
Band 1.1
Band 1.2
Band 1.3
Band 2.1
Band 2.2
Band 2.3
Band 3.1
Band 3.2
Pa ynt
Poi
APS 1.1
Salary
effective on
commencement
Salary effective
12 months from
commencement
$47,942
$48,901
$49,390
Salary effective
18 months from
commencement
APS 1.2
$49,836
$50,833
$51,341
APS 2.1
$54,376
$55,464
$56,019
APS 2.2
$55,856
$56,973
$57,543
APS 2.3
$57,400
$58,548
$59,133
APS 2.4
$59,549
$60,740
$61,347
APS 3.1
$61,189
$62,413
$63,037
APS 3.2
$62,683
$63,937
$64,576
APS 3.3
$64,245
$65,530
$66,185
APS 3.4
$65,985
$67,305
$67,978
APS 4.1
$68,128
$69,491
$70,186
APS 4.2
$70,196
$71,600
$72,316
APS 4.3
$71,998
$73,438
$74,172
APS 4.4
$73,932
$75,411
$76,165
APS 5.1
$75,950
$77,469
$78,244
APS 5.2
$78,262
$79,827
$80,625
APS 5.3
$80,492
$82,102
$82,923
APS 6.1
$82,258
$83,903
$84,742
APS 6.2
$84,573
$86,264
$87,127
APS 6.3
$86,914
$88,652
$89,539
APS 6.4
$90,424
$92,232
$93,154
APS 6.5
$94,623
$96,515
$97,480
EL 1.1
$104,715
$106,809
$107,877
EL 1.2
$108,852
$111,029
$112,139
EL 1.3
$113,043
$115,304
$116,457
EL 2.1
$120,738
$123,153
$124,385
EL 2.2
$125,248
$127,753
$129,031
EL 2.3
$129,849
$132,446
$133,770
EL 2.4
$136,802
$139,538
$140,933
EL 2.5
$141,304
$144,130
$145,571
32
Attachment B — Supported Wage System
304.
This attachment defines the conditions which will apply to employees who because of the effects of a disability are
eligible for a supported wage under the terms of this Agreement.
305.
In this attachment:
a. approved assessor means a person accredited by the management unit established by the Commonwealth
under the supported wage system to perform assessments of an individual's productive capacity within the
supported wage system;
b. assessment instrument means the tool provided for under the supported wage system that records the
assessment of the productive capacity of the person to be employed under the supported wage system;
disability
Support Pension means the Commonwealth Government pension scheme to provide income security
c.
for person with a disability as provided under the Social Security Act 1991 (0th), as amended from time to time,
or any relevant successor to that scheme;
d. relevant minimum wage means the minimum wage prescribed n
i this Agreement for the class of work for which
employee
i
s
engaged;
an
e. supported Wage System (SWS) means the Commonwealth Government system to promote employment for
people who cannot work at full award wages because of a disability, as documented n
i the Supported Wage
System Handbook. The Handbook is available from the JobAccess website;
f. SWS wage assessment agreement means the document n
i the form required by the Department of
Employment that records the employee's productive capacity and agreed wage rate.
Eligibility Criteria
Employees covered by this attachment will be those who are unable to perform the range of duties to the
306.
competence level required within the class for which the employee is engaged under this Agreement, because of
the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability
support pension.
307.
The attachment does not apply to any existing employee who has a claim against the employer which is subject to
the provisions of workers compensation legislation or any provision of this Agreement relating to the rehabilitation
of employees who are injured n
i the course of their employment.
Supported wage rates
Employees to whom this clause applies shall be paid the applicable percentage of the relevant minimum wage
308.
according to the following schedule:
Assessed Capacity % of prescribed Agreement rate
10%
10%
20%
20%
30%
30%
40%
40%
50%
50%
60%
60%
70%
70%
80%
80%
90%
90%
309.
Provided that the minimum amount payable must not be less than $82 per week or other amount as determined by
the Fair Work Commission.
310.
Where an employee's assessed capacity is 10%; they must receive a high degree of assistance and support.
Assessment of Capacity
For the purposes of establishing the percentage of the relevant minimum wage, the productive capacity of the
311.
33
employee will be assessed n
i accordance with the Supported Wage System by an approved assessor, having
consulted the employer and the employee, and if the employee so desires, a union which the employee is eligible
to join.
312.
Assessment made under this attachment must be documented n
i a SWS wage assessment agreement, and
retained by the employer as a time and wages record n
i accordance with the Act.
Lodgement of SES wage assessment agreement
All SWS wage assessment agreement under the conditions of this attachment, including the appropriate
313.
percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the
Fair Work Commission.
314.
All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the
assessment. Where a union which has an interest n
i the agreement is not a party to the assessment, the
assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take
effect unless an objection is notified to the Fair Work Commission within 10 working days.
Review of assessment
The assessment of the applicable percentage should be subject to annual review or more frequent review on the
315.
basis of a reasonable request for such a review. The process of review must be n
i accordance with the procedures
for assessing capacity under the support wage system.
Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant wage rate only.
316.
Employees covered by the provisions of the attachment will be entitled to the same terms and conditions of
employment as all other workers covered by this award paid on a pro rate basis.
Workplace adjustment
An employer wishing to employ a person under the provisions of this attachment must take reasonable steps to
317.
make changes n
i the workplace to enhance the employee's capacity to do the job. Changes may involve redesign
of job duties, working time arrangements and work organisation n
i consultation with other workers in the area.
Trial Period
n
I order for an adequate assessment of the employee's capacity to be made, an employer may employ a person
318.
under the provisions of this attachment for a 'Trial Period' not exceeding 12 weeks, except that n
i some cases
additional work adjustment time (not exceeding four weeks) may be needed.
319.
During that 'Trial Period' the assessment of capacity will be undertaken and the percentage of the relevant
minimum wage for a continuing employment relationship will be determined.
320.
The minimum amount payable to the employee during the 'Trial Period' must be no less than $82 per week.
321.
Work trials should include induction or training as appropriate to the job being trialled, provided that the minimum
amount payable must be not less than $82 per week.
34
Attachment C − DEFINITIONS and ACRONYMS
Agency Head
Agency
APS
Classification
Commencement in a job
Dependant
EA
Employees
Executive Level employees
Manager
Medical evidence
NES
Non−ongoing employee
Non−ongoing employees
engaged for duties that are
irregular or intermittent
Means the Commissioner of the Australian Building and Construction
Commission
Means the Australian Building and Construction Commission
The Australian Public Service
An approved classification as defined n
i the Public Service Classification
Rules. At date of lodgement, non−SES classifications are APS Levels 1 −6,
Executive Levels 1 and 2. Broadband is a local title which groups the duties of
some of these classifications.
a. an engagement into the APS;
b. movement between APS agencies;
c. assignment or reassignment of duties within agency (i.e., transfer);
d. promotion; or
i a broadband.
e. movement to a higher classification n
In relation to an employee means:
a. the spouse of the employee; and/or
b. a child or parent of the employee, or of the spouse of the employee, being a
child or parent who ordinarily resides with the employee and who si wholly or
substantially dependent upon the employee.
For the purposes of eligibility for Agency allowances or assistance, an adult
dependant is a person for whom the employee is eligible to claim a tax offset
from the Australian Tax Office. A child dependant is a child less than 18 years
or a full time student less than 25 years.
Enterprise Agreement
All persons employed under the Public Service Act 1999 who are covered by
this Agreement.
Employees engaged as EU or EL2 employees.
The person to whom an employee is responsible and who is authorised by the
Agency Head to exercise the powers and responsibilities of manager in
relation to that employee.
A certificate or report provided by:
a. a registered health practitioner, including a doctor, dentist, optometrist,
optician, radiographer, physiotherapist, chiropractor or podiatrist; or
b. another health practitioner (e.g. naturopath, herbalist, homeopath,
iridologist, osteopath, or acupuncturist) n
i circumstances where the employee
has either been referred to that health practitioner by a registered health
practitioner, or obtains a registered health practitioner's endorsement that the
treatment provided was desirable; or
c. an employee may also provide a statutory declaration instead of a
certificate, if it is not reasonably practicable to provide a certificate.
National Employment Standards
An employee engaged for:
a. a specified term (subsection 22(2)(b) of the PS Act);
b. duration of a specified task (subsection 22(2)(b) of the PS Act); or
c. duties that are intermittent (subsection 22(2)(c)of the PS Act).
An employee engaged on an hourly basis to work on an ad hoc or irregular
basis, usually less than full time n
i any week. Each period of work si an
episode and is a distinct period of service with no guarantee or expectation of
work beyond the period of current employment.
i this Agreement.
Also referred to as "casual" employees n
35
Ongoing employee
Ordinary Hours
Partner
PS Act
Redeployment
Salary
Salary Advancement
Settlement Period
FW Act
SES
As per subsection 22(2) of the PS Act.
Ordinary hours are 7 hours 30 minutes and are used to calculate leave
accruals and deductions, deductions for unauthorised absences, deductions
for participation n
i industrial action as defined n
i the FW Act and part time
hours.
n
I relation to a person who is a member of a couple, the other member of the
couple.
The Public Service Act 1999, as amended from time to time.
Reassignment of duties within the Agency or movement to another APS
agency.
The employee's salary is the relevant rate at Attachment A or as determined
by the Agency Head from time to time. It is salary for all purposes, including
superannuation (subject to relevant superannuation scheme rules), overtime,
severance and termination and excludes loadings and allowances. Neither
participation n
i salary sacrifice arrangements nor purchased leave affect salary
as defined.
This means the movement through the pay points within the salary range for a
classification. These increases are counted as salary for the purpose of
determining salary for superannuation purposes, n
i accordance with the
relevant superannuation fund rules.
A settlement period is 20 consecutive working days from payday Thursday to
the Wednesday before payday, four weeks following. This is a total of 150
hours per four week settlement period.
The Fair Work Act 2009
Senior Executive Service
36
This Agreement si made and approved under section 172 of the Fair Work Act 2009.
The persons below sign this Agreement n
i accordance with Regulation 2.06A of the Fair Work Regulations 2009.
On behalf of the Minister for Employment
−
\`Signed:
−−−Ngiel
Hadgkiss
Agency Head (employer)
4/509 St Kilda Road
Melbourne VIC 3004
Australian Building and Construction Commission
As a representative of the employees covered by the Agreement
Signed:
,−−2−−−−2−−−−−−−−−−−7
Pw
Ke1−11
Name
CA.,4
(−J
A (−4−f −A
.
Title
Address
ll−Date:
le−VGI
M4−16.,A
10
S−01
Li−)
e−
4 ci−f
S1
"
V ' _
7−011−37
,
−
r; 14, 12.4
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