Enterprise Agreement
2011 – 2014
Contents
Part A Scope of the Agreement ................................................................................................ 4
A1
National Blood Authority (NBA) Purpose and Objectives
4
A2
Objectives of Agreement
4
A3
Duration
4
A4
Coverage of the Agreement
4
A5
Operation
4
A6
No Extra Claims
5
A7
Delegations
5
A8
Definitions
5
Part B. Supporting a Fair, Safe and Healthy Workplace....................................................... 7
B1
APS Values and Code of Conduct
7
B2
Workplace Diversity
7
B3
Employee Assistance Program
7
B4
Occupational Health and Safety (OH&S)
7
B5
Influenza Vaccinations
7
B6
Healthy Lifestyle Assistance
7
B7
Staff Participation Forum
7
Part C Remuneration ................................................................................................................. 9
C1
Classification Structure and Salary
9
C2
Salary packaging
10
C3
Employer Superannuation Contributions
10
C4
Salary on Movement
10
C5
Supported Wage Scheme for people with a disability
10
C6
Allowances and Reimbursements
10
Part D Balancing work and personal life ............................................................................... 12
D1
Hours and Place of work
12
D2
Flexible working arrangements
12
D3
Christmas Closedown
16
D4
Public holidays
16
D5
Leave
17
Part E Working Productively .................................................................................................. 23
E1
Organisational Productivity
23
E2
Individual Productivity (Performance and Development Scheme)
23
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E3
Professional Development
23
E4
Recognition and Retention
23
E5
Salary advancement
24
E6
Addressing Underperformance
24
Part F Workplace Participation, Fair Treatment and Review Mechanisms ....................... 25
F1
Employee Representation
25
F2
Resolution of Agreement disputes
25
F3
Consultation on Major Changes
26
F4
Review of Actions
27
F5
Remedies in relation to termination of employment
27
Part G Separation from the Australian Public Service ........................................................ 28
G1
Resignation
28
G2
Age Retirement
28
G3
Death of an Employee
28
G4
Redeployment, Reduction and Retrenchment (RRR)
28
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Part A Scope of the Agreement
A1
National Blood Authority (NBA) Purpose and Objectives
1.
The National Blood Authority (NBA) was established under the National Blood
Authority Act 2003 as part of a coordinated national approach to policy
setting, governance and management of the Australian blood banking and
plasma product sector. The key organisational strategies and the targeted
outcomes are detailed in the NBA Corporate Plan 2006-2009 and in the draft
2010-12 Plan being considered by Ministers. These strategies are specifically
designed to advance our goals of:




improving the performance of the blood sector;
managing and co-ordinating Australia’s blood supply;
engaging with the Clinical Community; and
ensuring we are a high performing organisation.
A2
Objectives of Agreement
2.
This Agreement aims to ensure a cooperative and focused contribution to the
achievement of the NBA’s goals. This Agreement supports a range of flexible
and innovative work practices that recognise the benefits and constraints of
working in a small specialist organisation and provides continued commitment
to improve our performance. The Agreement provides the base from which
our culture of openness, integrity and commitment can be further
strengthened. Management and employees agree to work in the manner
articulated in this Agreement because of our shared commitment to improving
the outcomes of the blood sector to benefit all Australians.
A3
Duration
3.
This Agreement will commence operation 7 days after it is approved by Fair
Work Australia and has a nominal expiry date of 30 June 2014.
A4
Coverage of the Agreement
4.
This Agreement is made between the General Manager of the NBA on behalf
of the Commonwealth and all non-SES NBA employees, and covers the
Community and Public Sector Union (CPSU) which was a bargaining
representative for this Agreement, if Fair Work Australia notes in its decision
to approve this Agreement that it covers the CPSU.
A5
Operation
5.
This Agreement is made under section 172 of the Fair Work Act. Reference
to any legislation in this Agreement is a reference to legislation as amended
or replaced from time to time.
6.
This Agreement is a principle-based Agreement that references guidelines
and procedures which provide further explanation of the terms and conditions
that apply to employees whilst working in the NBA. These guidelines/policies
do not form part of this Agreement and may be varied from time to time. A
guideline/policy will apply in the form it is in at the time when a particular
decision is made or action taken. If there is any inconsistency between the
guidelines/policies and the express terms of this Agreement, the express
terms of the Agreement prevail.
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A6
No Extra Claims
7
From the commencement of this Agreement, a person or organisation
covered by the Agreement will not pursue further claims for terms and
conditions of employment that would have effect during the period of
operation of this Agreement, except where consistent with the terms of this
Agreement.
A7
Delegations
8.
The General Manager may delegate all or any powers and functions under
this Agreement, including this power of delegation and may make any such
delegation subject to specific conditions.
A8
Definitions
Casual employee
means a non-SES employee employed for duties that are
irregular and intermittent, recording worked hours by
timesheets.
Employee
means a non-SES employee employed in the National Blood
Authority under the Public Service Act 1999.
FW Act
means the Fair Work Act 2009.
General Manager
means the Agency Head of the NBA and includes any
delegate of the General Manager.
Higher Duties
means the temporary assignment of duties at a higher
classification level.
Immediate family
the following are members of an employee's immediate
family:
A spouse; child; parent; grandparent; grandchild or sibling of
the employee or a spouse of the employee. A spouse
includes a former spouse, a de facto spouse and a former de
facto spouse (whether the same sex or not). An immediate
family member may also include, in a particular case, a
person determined by the General Manager to be a member
of the employee's immediate family.
Manager
means an employee who has operational responsibility for
managing other NBA employees.
Medical evidence
means a medical certificate from a registered health
practitioner or, if it is not reasonably practicable for the
employee to provide such a medical certificate, a statutory
declaration made by the employee.
NBA
means the National Blood Authority as established by the
National Blood Authority Act 2003.
NES
National Employment Standards as defined by the Fair Work
Act 2009.
Place of work
means the place where the employee ordinarily performs
duty, which is a NBA workplace.
On call employee
any APS1-EL1 level employee inclusive who is required to
attend to issues or to attend the workplace outside of their
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ordinary hours in relation to security, property and Business
Continuity Plan matters, Human Resource management and
sector risk coordination.
Outcome
means the shared intent that management and staff have in
implementing and managing this Agreement.
PS Act
means the Public Service Act 1999.
Salary
an employee’s base rate of pay set out in section C1 of this
Agreement will be the employee's salary for all purposes,
including superannuation (subject to relevant superannuation
scheme rules), overtime, severance and termination.
Participation in salary sacrifice or purchased leave
arrangements will not affect salary for these purposes.
SES
means the Senior Executive Service as defined in the PS Act.
SPF
means the Staff Participation Forum.
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Part B. Supporting a Fair, Safe and Healthy Workplace
Outcome: The NBA respects and promotes workplace diversity; values ethical
behaviour; endeavours to provide a fair, safe and healthy workplace and promotes
the general wellbeing of its employees. These responsibilities are shared by both
Management and employees.
B1
APS Values and Code of Conduct
9.
Employees will uphold the APS Values and adhere to the APS Code of
Conduct as expressed in the PS Act and Regulations and the Public Service
Commissioner’s Directions.
B2
Workplace Diversity
10.
The NBA and employees are committed to ensuring that employees work in
an environment that nurtures their potential and are treated, and treat each
other, fairly and equitably and with respect, in line with legislation and
guidelines on workplace diversity, including appropriate standards of conduct,
workplace health and safety management arrangements, policy obligations
for indigenous representation in the APS and the disability action plan.
Further information is available in the HR Management Guidelines.
B3
Employee Assistance Program
11.
The NBA will provide a confidential and professional counselling service to
employees to promote the general wellbeing of employees and to help them
resolve work-related or personal problems.
B4
Occupational Health and Safety (OH&S)
12.
The NBA will strive to provide a safe and healthy workplace and will develop
and report on strategies for addressing OH&S and other health and safety
management arrangements issues through the SPF to employees.
B5
Influenza Vaccinations
13.
Annual influenza vaccinations will be available to employees and their
immediate families on a voluntary basis. The cost of such vaccinations to
employees and immediate family will be met by the NBA.
B6
Healthy Lifestyle Assistance
14.
After a minimum period of 6 months’ continuous service with the NBA, an
employee may claim a set amount for costs incurred on approved healthy
lifestyle initiatives. For more information, employees can consult the Health
and Fitness Promotion Policy available on the intranet.
B7
Staff Participation Forum
15.
In addition to the consultation clauses at F3, the SPF will continue to act in
accordance with its agreed Terms of Reference, as a consultative body of
management and nominated representatives of employees responsible for
cooperatively discussing and developing clear advice to the General Manager
on specific issues, policies and/or procedures, including changes, decisions
or reviews that may impact on the workplace.
The intent of these
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consultations is to develop a shared understanding and to provide a capacity
to influence decision-making on issues affecting the workplace.
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Part C. Remuneration
Outcome: The NBA provides fair and appropriate remuneration in recognition of its
size and structure.
C1
Classification Structure and Salary
16.
Employees will receive a salary increase of 3% on the commencement of this
Agreement. The following table sets out salary rates that will apply over the
life of the Agreement.
Increment
Classification
APS LeveI 1
APS Level 2
APS Level 3
APS Level 4
APS Level 5
APS Level 6
Executive
Level 1
Executive
Level 2
Local Title
Legal 1
Legal 2
Base
2
3
4
Base
2
3
4
Base
2
3
4
Base
2
3
Base
2
3
Base
2
3
4
Base
2
3
4
Base
2
3
APS
Classification
APS 3
APS 4
APS 5
APS 6
APS 6
APS 6
EL 1
EL1
EL1
EL2
EL2
EL2
Salary 2011-12
(3% on
commencement)
39,074
40,471
41,856
43,898
45,684
47,056
48,468
49,852
52,793
54,289
55,863
58,519
59,813
61,459
63,202
65,057
66,824
68,664
71,768
75,249
79,194
80,964
88,580
92,033
96,609
100,605
105,266
114,769
118,600
Salary 2012-13
(3% 1 July 2012)
Salary 2013-14
(3% 1 July 2013)
40,246
41,685
43,112
45,214
47,054
48,467
49,922
51,348
54,376
55,918
57,539
60,275
61,607
63,303
65,098
67,009
68,829
70,724
73,921
77,506
81,569
83,393
91,237
94,793
99,507
103,623
108,424
118,212
122,158
41,454
42,935
44,405
46,571
48,466
49,921
51,419
52,888
56,008
57,595
59,265
62,083
63,456
65,202
67,051
69,019
70,894
72,846
76,139
79,831
84,016
85,895
93,974
97,637
102,492
106,732
111,677
121,758
125,823
Salary 2011-12
Salary 2012-13
Salary 2013-14
58,123
62,277
66,428
70,570
74,734
78,889
88,197
96,875
106,784
114,866
121,619
125,458
59,867
64,145
68,421
72,688
76,976
81,255
90,843
99,781
109,988
118,312
125,268
129,222
61,663
66,070
70,473
74,868
79,285
83,693
93,568
102,774
113,287
121,861
129,026
133,098
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C2
Salary packaging
17.
Employees are able to have up to 100 percent of their annual salary made to
salary packaging subject to relevant legislation.
18.
Any costs including fringe benefits tax incurred by an individual employee as
a result of his or her salary packaging arrangement will be met by the
employee as a component of the salary packaging arrangement.
C3
Employer Superannuation Contributions
19.
The Agency will make compulsory employer contributions as required by the
applicable legislation and fund requirements.
20.
The PSS Accumulation Plan (PSSap) employer contribution will not be less
than 15.4 percent. Where an employee has chosen an accumulation
superannuation fund other than the PSSap, the employer contribution will be
the same percentage of the fortnightly superannuation contribution salary as
that required for employees who are members of 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).
21.
Employer superannuation contributions will not be paid on behalf of
employees during periods of unpaid leave that do not count as service, unless
otherwise required under legislation.
22.
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 using a file generated by
the Agency’s payroll system.
C4
Salary on Movement
23.
The General Manager will determine salary on movement when an employee
moves to or within the NBA including engagement, promotion and
reassignment of duties or reduction of classification.
24.
The General Manager may determine the correct pay point to apply to an
employee’s salary or movement to correct an anomaly or misunderstanding
that may have occurred.
25.
The General Manager may determine a salary to apply to an employee who
begins to be covered by this Agreement following the termination of an
Australian workplace agreement within the relevant classification pay band.
C5
Supported Wage Scheme for people with a disability
26.
Employees who are eligible for the Supported Wage Scheme will be paid a
support salary. For further details employees should consult the HR
Management Guidelines.
C6
Allowances and Reimbursements
Higher Duties Allowance
27.
When an employee is asked and agrees to perform the duties of a position at
a higher classification than their substantive level for 5 days or more
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consecutive working days, they will be remunerated according to a decision
by the General Manager and at a rate agreed by the employee and the
General Manager.
Work Related Expenses
28.
29.
The General Manager may approve reimbursement of reasonable expenses
associated with an employee’s performance of their duties including, but not
limited to:
a.
Loss or damage to clothing or personal effects;
b.
Expenses associated with the cancellation by the NBA of a period of
approved leave or recall to duty by the employer whilst on a period of
approved leave.
c.
Workplace Responsibility Allowance
A Workplace Responsibility Allowance of $25 per fortnight will be paid during
the life of this Agreement when an employee possesses the relevant
training/qualification and performs duties of any of the following:
a.
First Aid Officer; or
b.
Fire Warden; or
c.
Workplace Harassment Contact Officer; or
d.
Staff Health and Safety Representative.
On Call Allowance
30.
An on call allowance will be paid to any APS1-EL1 level (inclusive) employee
who is an On Call employee. For more information, please consult the HR
Management Guidelines.
Travel Allowance
31.
Travel allowance will be payable to employees who travel on NBA business.
Detailed information is provided in the Domestic and International Travel
Policy.
Spectacle Reimbursement
32.
The NBA will meet the cost of eyesight testing not covered by Medicare to
determine the requirement for screen-based eyewear. Where spectacles are
prescribed for use with screen-based equipment, an ongoing employee or a
non-ongoing employee with more than 12 months’ service and within the life
of this Agreement will be reimbursed up to:
a.
$100 for single vision spectacles;
b.
$160 for bifocal or multi-focal spectacles or contact lenses.
Exceptional Circumstance Allowance
33.
The General Manager may provide an allowance in recognition of costs
incurred by employees if and when employees are required to perform duties
associated with the business of the NBA in exceptional or adverse
circumstances.
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Part D. Balancing work and personal life
Outcome: Managers and employees reach agreed working patterns for each
individual that provides maximum flexibility to staff and the NBA whilst retaining core
capability required for efficient and effective business operations on a daily basis.
D1
Hours and Place of work
34.
The ordinary hours of work for salary and leave calculations are 7 hours and
30 minutes per day. This is a total of 37 hours and 30 minutes per week or
150 hours per 4-week settlement period.
35.
Standard hours of work are 8.30am to 12.30pm and 1.30pm to 5:00pm,
Monday to Friday.
36.
Hours of work are to be performed within a bandwidth of 7:00am to 7:00pm,
Monday to Friday.
37.
The maximum hours of working without a break is 5 hours, after which a
minimum of a complete 30 minutes break from work is required. The 30
minute break is to be deducted from the employee’s daily work hours.
38.
The normal place of work is the NBA’s office in Canberra or as otherwise
determined by the General Manager.
39.
Where an employee has been required by their manager to work additional
hours due to operational requirements, the NBA expects managers and
employees to put arrangements in place immediately following the peak
period to enable the employee to access accrued flex credits or time off in
lieu.
D2
Flexible working arrangements
40.
Managers and employees will work to ensure that the flexible working
arrangements in this Agreement 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 to work hours in
excess of their ordinary hours.
41.
Employees are entitled to request flexible working arrangements in
accordance with Division 4 of Part 2-2 of the FW Act which relate to requests
for flexible working arrangements for an employee who is a parent, or has
responsibility for, the care of a child (within the meaning of that Act).
Flexible work arrangements for parents
42.
An employee who is a parent, or has responsibility for the care of a child
under school age or a child under 18 who has a disability, may request
flexible working arrangements, including part-time hours. The employee is
not eligible to make this request unless they have completed at least 12
months of continuous qualifying service (the Agency Head may waive this
requirement in exceptional circumstances).
43.
A casual employee engaged for irregular or intermittent duties may only
request flexible work arrangements if the employee:
a.
is a long term casual employee immediately before making the
request; and
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b.
has reasonable expectation of continuing employment on a regular
and systematic basis.
Note: ‘long term casual employee’ is defined at s. 12 of the Fair Work Act
2009
44.
A request made in accordance with clause 1 must be in writing and set out
details of the change sought and the reasons for the change. The Agency
Head will respond in writing to the request within 21 days and will only refuse
on reasonable business grounds. Where the request is refused, the response
will include reasons for the refusal.
45.
For the purposes of this clause:
a.
‘qualifying service’ means service that is recognised for redundancy
pay purposes;
b.
‘casual’ means an employee engaged on an irregular or intermittent
basis.
Individual Flexibility Arrangement
46.
An Agency Head and employee covered by this enterprise agreement may
agree to make an individual flexibility arrangement to vary the effect of terms
of this agreement if:
a.
47.
48.
the arrangement deals with 1 or more of the following matters:
i.
arrangements about when work is performed,
ii.
overtime rates,
iii.
penalty rates,
iv.
allowances,
v.
remuneration, and/or
vi.
leave; and
b.
the arrangement meets the genuine needs of the Agency and
employee in relation to one or more of the matters mentioned in
paragraph (a); and
c.
the arrangement is genuinely agreed to by the Agency Head and
employee.
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
c.
result in the employee being better off overall than the employee
would be if no arrangement was made.
The Agency Head must ensure that the individual flexibility arrangement:
a.
is in writing; and
b.
includes the name of the employer and employee; and
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c.
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
d.
includes details of:
e.
i.
the terms of the enterprise agreement that will be varied by
the arrangement, and
ii.
how the arrangement will vary the effect of the terms, and
iii.
how the employee will be better off overall in relation to the
terms and conditions of his or her employment as a result of
the arrangement, and
states the day on which the arrangement commences and, where
applicable, when the arrangement ceases.
49.
The Agency Head must give the employee a copy of the individual flexibility
arrangement within 14 days after it is agreed to.
50.
The Agency Head or employee may terminate the individual flexibility
arrangement:
a.
by giving no more than 28 days written notice to the other party to the
arrangement; or
b.
if the Agency Head and employee agree in writing – at any time.
Working Patterns
51.
The pattern of hours by which employees meet their ordinary hours of duty is
a matter for agreement and documentation between the manager and
employee. In reaching this agreement, employees may wish to consider the
Flexible Working Arrangements Guidelines available on the intranet.
52.
It is the intent of this provision to develop a sustainable agreed working
pattern that minimises the need for overtime and reduces the need for
additional hours. However, the NBA and employees accept that on occasion
employees may be required to work outside of their agreed working pattern,
due to operational requirements, but notes that planning will be in place to
ensure this will be an exception rather than an ongoing expectation.
Flex time
53.
Flex time, to be recorded electronically as a minute for minute account for
working time, is available to employees at the classification of APS Level 6
and below.
54.
Executive Level arrangements are based on outcomes rather than minute for
minute accountability and, where an Executive Level employee has worked
more than ordinary hours of duty, a manager may determine they are entitled
to be absent from the workplace including whole days off, where this is
provided for in the work arrangement agreed with management.
55.
The ordinary hours of work for flex time calculations are 7 hours 30 minutes
per day. A total of 37 hours 30 minutes per week or 150 hours 0 minutes per
4-week settlement period must be worked within the bandwidth. During the
week, days where employees are not actually at work (for example, public
holidays, periods of approved leave, excluding flex time), employees will
National Blood Authority Enterprise Agreement 2011- 2014
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record 7 hours 30 minutes a day on their flex sheet for the purposes of
calculating hours worked within a settlement period.
56.
The maximum credit carry over is 15 hours and the maximum debit carry-over
is 10 hours per settlement period.
57.
This debit carry-over limit does not apply where the agreed working
arrangement provides for different maximum debit carry over arrangements
for a specified period.
58.
Nothing in this provision prevents the General Manager from reverting an
employee to standard hours of work where an employee fails to maintain a
satisfactory pattern of attendance.
Part-time work
59.
The General Manager may engage employees on a part-time basis.
60.
The General Manager and an employee may agree to enter into part-time
work arrangements.
61.
Remuneration and other entitlements for a part-time employee, including
leave, will be calculated on a pro-rata basis with 7 hours 30 minutes per day
considered the full-time equivalent. Entitlements based on reimbursement will
be the same as for full-time employees.
62.
Employees returning from maternity or parental leave will be provided with
access to part-time work for a period upon application.
Working from home
63.
The General Manager, on the advice of the Manager, may agree to an
employee working from home on a basis negotiated in advance or to support
business priorities in the event of an emergency. Issues that employees and
managers may take into account when considering a work from home
arrangement are discussed in the Flexible Working Arrangements guidelines
available on the intranet and will include:
a.
the nature of the work and the capacity to define clear accountability
for work achieved during that time;
b.
the effect of the proposal on the employee’s team and work priorities;
c.
occupational health and safety requirements; and
d.
cost of the arrangement.
Overtime
64.
It is expected that the flexible working provisions or flex time provisions of this
Agreement will usually be used to meet NBA objectives where work in excess
of normal agreed working pattern is required.
65.
Time in lieu (TOIL) may be provided to the EL1-2 employees at
management’s discretion. It cannot provide entitlements that are similar to a
flex time scheme. TOIL is the preferred form of recompense for overtime.
66.
However, where it is impractical for the employee to access time in lieu or flex
time within a reasonable timeframe, the Manager will seek the authorisation of
the General Manager to pay overtime. This payment will only apply to
employees at the APS 6 level and below.
National Blood Authority Enterprise Agreement 2011- 2014
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67.
Where overtime is performed on a weekend, recompense for a minimum
period of 3 hours will apply.
D3
Christmas Closedown
68.
The Agency will close its normal operations from close of business on the last
working day before Christmas, with business resuming on the first working
day after New Year’s Day.
69.
Employees will be provided with time off for the working days between
Christmas and New Year’s Day and will be paid in accordance with their
ordinary hours of work. Where an employee is absent on leave, payment for
the Christmas closedown provision will be in accordance with the entitlement
for that form of leave (e.g. if on long service leave half pay, payment is on half
pay).
70.
There will be no deduction from Annual or Personal/Carer’s leave credits from
the closedown days.
D4
Public holidays
71.
Employees will be entitled to the following public holidays:
72.
a.
New Year’s Day (1 January);
b.
Australia Day (26 January);
c.
Good Friday;
d.
Easter Monday;
e.
Anzac Day (25 April);
f.
The Queen’s Birthday holiday (on the day on which it is celebrated in
a State or Territory or a region of a State or Territory);
g.
Christmas Day (25 December);
h.
Boxing Day (26 December);
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.
An employee, who is absent on a day or part-day that is a public holiday in
the place where the employee is based for work purposes, is entitled to be
paid for the part or full day absence as if that day or part-day was not a public
holiday, except where that person would not normally have worked on that
day.
(a)
Where a public holiday falls during a period when an employee is
absent on leave (other than Annual or paid Personal/Carer’s leave)
there is no entitlement to receive payment as a public holiday.
Payment for that day would be in accordance with the entitlement for
that form of leave (e.g. if on long service leave on half pay, payment
is on half pay).
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Substitution arrangements:
73.
If under a State or Territory law, a day or part day is substituted for 1 of the
public holidays listed above, then the substituted day or part day is the public
holiday.
74.
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.
D5
Leave
75.
This Section identifies a range of leave options available to employees
covered by this Agreement and detailed in the NBA Leave Policy.
Portability of Leave
76.
Where an employee moves (including on promotion or for an agreed period)
from another agency where they were an ongoing APS employee, the
employee’s unused accrued Annual leave and Personal/Carer’s leave
(however described) will be recognised, provided there is no break in
continuity of service.
77.
Where an employee is engaged as either an ongoing or non-ongoing APS
employee immediately following a period of ongoing employment in the
Parliamentary Service or the ACT Government Service, the employee’s
unused accrued Annual leave and Personal/Carer’s leave (however
described) will be recognised.
78.
For the purposes of this clause:


‘APS employee’ has the same meaning as the Public Service Act
1999
‘Parliamentary Service’ refers to employment under the
Parliamentary Service Act 1999
Portability of leave – former non-ongoing employees
79.
Where a person is engaged as an ongoing employee, and immediately prior
to the engagement the person was employed as a non-ongoing APS
employee, the Agency Head may, at the employee’s request, recognise any
accrued Annual leave and Personal/Carer’s leave (however described),
provided there is no break in continuity of service. Any recognised Annual
leave excludes any accrued leave paid out on separation.
Compassionate/Bereavement Leave
80.
If a member of an employee’s immediate family or household dies or
contracts or develops a personal illness that poses a serious threat to his or
her life or sustains a personal injury that poses a serious threat to his or her
life, the employee, except for casual employees, is entitled to a period of two
days of paid compassionate leave for each occasion. The employee's
entitlement to compassionate leave is conditional on the employee providing
to the NBA any evidence that the NBA reasonably requires of the illness,
injury or death. The General Manager may grant 1 further day of leave for
each occasion, with or without pay, for compassionate purposes. Casual
employees will be entitled to two days’ unpaid compassionate leave.
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Long Service Leave
81.
An employee is eligible for long service leave in accordance with the Long
Service Leave (Commonwealth Employees) Act 1976.
82.
The minimum period during which long service leave can be taken is 7
calendar days (at full or half pay). Long service leave cannot be broken with
other periods of leave, except as otherwise provided by legislation.
Maternity Leave
83.
Paid maternity leave will be available to eligible employees in accordance with
the Maternity Leave (Commonwealth Employees) Act 1973. The General
Manager may approve an employee’s election to spread the 12 week period
of absence up to 24 weeks.
Additional Paid Maternity Leave
84.
Employees who access paid maternity leave in accordance with the Maternity
Leave (Commonwealth Employees) Act 1973 are entitled to take an additional
2 weeks paid leave immediately following paid leave taken under that Act,
which will count as service for all purposes,
Maternity Leave to Count as Service
85.
The General Manager may approve an employee taking paid maternity leave
under the Maternity Leave (Commonwealth Employees) Act 1973 at half pay
over a period of 24 weeks, provided that only the first 12 weeks of the paid
leave taken under the Maternity Leave (Commonwealth Employees) Act 1973
counts as service for any purpose.
86.
Under this agreement, the General Manager may approve an employee
taking paid additional maternity leave at half pay over a period of 4 weeks,
provided that only the first 2 weeks of the paid additional leave counts as
service for any purpose.
Paid support partner/Paternity Leave
87.
A full time or part time employee is entitled to take 2 weeks paid leave within
6 months of the birth of the employee’s child. This leave will count as service.
Foster parents leave
88.
Arrangements for fostering a child should mirror relevant maternity leave
provisions and rules (i.e. 14 weeks paid leave for primary carers).
89.
This entitlement should apply in relation to a child for whom the employee has
assumed long term responsibility arising from the placement of the child by a
permanent ‘fostering’ arrangement:
90.
a.
By a person/organisation with statutory responsibility for the
placement of the child; and
b.
Where the child is not expected to return to their family.
A supporting carer is entitled to take 2 weeks paid leave. This leave will count
as service.
Return to work after parental leave
91.
On ending parental or maternity leave, an employee is entitled to return to:
a.
the employee’s pre-parental/maternity leave duties; or
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b.
92.
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.
For the purposes of this clause, 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
c.
otherwise – immediately before the employee commenced maternity
or parental leave.
Adoption Leave
93.
Full time or part time employees are entitled to up to 14 weeks paid adoption
leave where the employee has at least 12 months’ continuous service in the
NBA and is the primary caregiver for the adopted child.
Unpaid Parental Leave
94.
An employee is entitled to unpaid parental leave in accordance with Division 5
of Part 2-2 of the FW Act.
Community Service Leave
95.
An employee is entitled to community service leave, including for jury service,
in accordance with Division 8 of Part 2-2 of the FW Act.
96.
Community service volunteers are entitled to leave for emergency services
responses, regular training, reasonable travel and recovery time and
ceremonial duties.
Defence Reservists Leave
97.
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.
Note: The entitlement to leave for Reserve Service is prescribed under the
Defence Reserve Service (Protection) Act 2001.
98.
An employee is entitled to ADF Reserve leave with pay, for up to 4 weeks
during each financial year for the purpose of fulfilling service in the ADF
Reserve. These purposes include training and operational duty as required.
a.
During the employee’s first year of ADF Reserve service, a further
two weeks paid leave may be granted to facilitate participation in
additional ADF Reserve training, including induction requirements
b.
With the exception of the additional two weeks in the first year of
service, leave can be accumulated and taken over a period of two
years, to enable the employee to undertake training as a member of
the ADF Reserves.
c.
Employees are not required to pay their tax free ADF Reserve salary
to the Agency in any circumstances.
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99.
An employee who is an officer or instructor of cadets in a Cadet Force may be
granted paid leave of up to three weeks each financial year to perform duties
as an officer or instructor of Cadets. For these purposes ‘Cadet Force’ means
the Australian Navy Cadets, Australian Army Cadets, or the Australian Air
Force Cadets.
100.
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.
101.
Eligible employees may also apply for Annual leave, long service leave, leave
without pay, top-up pay or they may use flextime or make up time for the
purpose fulfilling ADF Reserve, CFTS or Cadet Force obligations.
102.
Employees are to notify supervisors at the earliest opportunity once the dates
for ADF Reserve, CFTS or Cadet Force activities are known and/or changed.
Miscellaneous Leave
103.
The General Manager may grant miscellaneous leave with or without pay.
The intention of miscellaneous leave is to provide flexibility to managers and
employees by providing leave that may be made available for a variety of
purposes, including for significant cultural, religious or ceremonial purposes.
104.
Miscellaneous leave may be granted:
105.
a.
to count as service or not to count as service; and
b.
subject to certain conditions.
The General Manager may approve leave under this clause to support an
employee who is a Defence Reservist.
Personal/Carer’s Leave
106.
Personal/Carer's leave is:
a.
paid leave taken by an employee because a personal illness or injury
of the employee means they are unfit for work; or
b.
paid or unpaid leave taken by an employee to provide care or
support to a member of the employee's immediate family, or
household who requires care or support because of:


a personal illness (or injury) of the member; or
an unexpected emergency affecting the member.
107.
An employee is entitled to 18 days of paid personal/carer's leave per annum.
This will be pro rata for part-time employees.
108.
Personal/Carer's leave accrues progressively and may be accessed as it
accrues.
109.
The General Manager may, at any time, request that the employee produces
satisfactory medical evidence to support a leave application. Medical
evidence must be provided for any absence in excess of 4 consecutive
working days or where the employee’s Manager believes there is a regular
pattern of inappropriate short term personal leave.
110.
The General Manager may approve the conversion of personal leave to half
pay for a specified absence.
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111.
Part-time employees will accrue their entitlement to personal leave on a prorata basis.
112.
An employee is not entitled to take paid leave for a period during which the
employee is absent from work because of a personal illness, or injury, for
which the employee is receiving workers' compensation payments.
113.
The General Manager may grant Personal/Carer's leave without pay where
the employee is ill or injured and has no available Personal/Carer's leave
credits.
114.
An employee will not, without his or her consent, be retired or have their
employment terminated on invalidity grounds before the employee’s paid
personal leave credits are exhausted subject to the provisions of paragraph
92.
115.
Paid war service sick leave or compensation leave during a period of personal
leave does not break continuity of service.
Purchased Leave
116.
The General Manager may approve an employee’s request to purchase up to
4 weeks of additional leave per calendar year.
117.
Salary deductions for purchased leave will be made from the employee’s
gross salary.
Purchased leave deductions do not affect salary for
superannuation purposes.
118.
Purchased leave will count as service for all purposes.
Annual Leave
119.
The General Manager may allow an employee to take annual leave where a
sufficient level of accrued annual leave is available. Approval of an
application for annual leave will not be unreasonably withheld.
120.
Annual leave is to be applied for in advance.
121.
Employees are entitled to 20 days of paid annual leave per annum. Annual
leave accrues progressively on a pro rata basis and is cumulative.
122.
Part-time employees accrue annual leave on a pro-rata basis.
123.
Annual leave is available at half pay.
124.
Employees are encouraged to take reasonable breaks from work for rest and
recreation. Managers and the employee should plan work requirements to
ensure that staff are given the opportunity to use at least 10 days of annual
leave every calendar year.
125.
An employee may, by agreement with the General Manager in writing, elect to
forgo an entitlement to take an amount of annual leave credits and to take pay
in lieu of annual leave where the employee’s annual leave credits would
exceed 50 working days at 1 January in any year, provided the employee has
taken at least 10 working days’ annual leave in the preceding 12 months and
they would have at least 20 days’ annual leave credits remaining. The
employee will be paid salary as if the employee took the leave.
126.
Accrued annual leave is paid in lieu to an employee on separation from the
APS.
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War Service Sick Leave
127.
The General Manager may grant war service sick leave if an employee is unfit
for duty because of a war-caused condition determined under the Veteran’s
Entitlements Act 1986.
128.
Eligible employees will accrue a credit of 9 weeks on commencement in the
APS and an annual credit of 3 weeks for each year of APS service. Unused
credits will accumulate to a maximum of 9 weeks.
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Part E. Working Productively
Outcome: Employees and management are able to work openly and collaboratively
to achieve a focused, efficient, innovative and productive environment that best
supports the commitment we have for achieving the objectives of the National Blood
Agreement and the unusual circumstances of working in a small specialist agency.
The environment will be one in which the contribution of each individual is
understood and recognised and where the need to demonstrate accountability for
outcomes to our stakeholders is paramount.
E1
Organisational Productivity
129.
During the life of the Agreement, the NBA will work through the SPF to
identify, assess and cost a range of initiatives to further enhance our
organisational productivity, build team cohesion, improve cross team
communications, increase staff retention and further build and promote our
positive, collegiate culture.
E2
Individual Productivity (Performance and Development Scheme)
130.
All employees will participate in the Performance and Development Scheme
(PDS). Issues that employees and managers may decide to take into account
when developing the annual performance agreement are discussed in the
Performance and Development Scheme guidelines available on the intranet
as part of the HR Management Guidelines.
E3
Professional Development
131.
The NBA will provide up to $2,200 per annum on behalf of each employee to
contribute to the implementation of the professional training and development
agreed in the employee’s PDS as contributing to the needs of the NBA.
132.
These funds may be used as paid study/professional development leave, as
reimbursement of course fees or associated costs or a combination of paid
study leave and reimbursement of course fees or associated costs. For more
information, employees can consult the Professional Development Bank
Policy available on the intranet.
133.
Paid study/professional development time away from the workplace will be
costed at a notional rate of $100 per day or pro rata amount.
E4
Recognition and Retention
134.
The NBA will promptly acknowledge individual employees or teams who
achieve high standards of performance in the workplace and/or who
contribute to NBA corporate goals.
135.
Employees accept the expectation of managers that they will actively and
willingly participate in a high level of organisation-wide responsibilities and
administrative support activities. Managers accept that this is an unusual
requirement of a government agency that arises from the small specialist
nature of the NBA and our inability to backfill positions vacant for short
periods of time. This additional workload will be recognised for all employees
who have been in the workplace for a minimum of 32 weeks in the 12 months
from 1 November to 31 October of the relevant year with an annual payment
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of $1,000 for the duration of the Agreement. Part time employees will receive
this on a pro rata basis. The payment will be made to those employees who
are employed by the NBA on the first pay week after 1 December 2010 and
for the preceding 12 month period.
E5
Salary advancement
136.
The PDS provides the mechanism for salary advancement within a
classification pay band or broad-banded position.
137.
A rating of effective or better will result in an employee advancing to the next
increment point in the relevant pay band as outlined in Section C1 of this
Agreement.
Advancement within the Legal 1 broad-band will be as
determined in the PDS policy and will be subject to a rating of effective or
better.
138.
A rating of below effective will result in a failure to achieve salary
advancement.
139.
Where the NBA annual performance assessment precedes the conclusion of
the probation period for an employee, salary advancement will not occur for
that employee until the probation period is satisfactorily completed.
140.
Salary advancement will not, unless the General Manager determines
otherwise, apply to an employee who has performed duties at a particular
classification for an aggregate period of less than 12 months at the time of the
annual performance assessment.
E6
Addressing Underperformance
141.
For more information on underperformance, employees should consult the
HR Management Guidelines.
142.
Management and employees will work cooperatively to identify issues that
could impact on performance.
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Part F. Workplace Participation, Fair Treatment and Review Mechanisms
F1
Employee Representation
143.
NBA recognises the rights of employees to be represented in the workplace in
accordance with government policy and will provide facilities and resources
on a reasonable basis to facilitate this. Details of the agreed arrangements
are documented in the NBA and CPSU Protocol on Negotiation,
Communication and Access to the Workplace signed on 31 May 2010.
F2
Resolution of Agreement disputes
144.
If a dispute relates to a matter under this agreement, or the NES, the parties
to the dispute must first attempt to resolve the matter at the workplace level
by discussions between the employee or employees concerned and the
relevant supervisor/manager.
145.
If a resolution to the dispute has not been achieved after discussions have
been held in accordance with clause 1, the parties to the dispute will
endeavour to resolve the dispute in a timely manner either through
discussions with more senior levels of management, where appropriate, or
through alternative dispute resolution methods.
146.
If discussions at the workplace level do not resolve the dispute, and all
appropriate steps have been taken in accordance with clauses 1 and 2, a
party to the dispute may refer the matter to Fair Work Australia.
147.
Fair Work Australia may deal with the dispute in 2 stages:
a.
Fair Work Australia will first attempt to resolve the dispute as it
considers appropriate, including by mediation, conciliation,
expressing an opinion or making a recommendation; and
b.
if Fair Work Australia is unable to resolve the dispute at the first
stage, Fair Work Australia may then:
i.
arbitrate the dispute; and
ii.
make a determination that is binding on the parties.
Note: If Fair Work Australia arbitrates the dispute, it may also use the powers
that are available to it under the Act.
A decision that Fair Work Australia makes when arbitrating a dispute is a
decision for the purpose of Div 3 of Part 5.1 of the Fair Work Act 2009.
Therefore, an appeal may be made against the decision.
148.
The agency or an employee who is a party to the dispute may appoint another
person, organisation or association to accompany and/or represent them for
the purposes of this term.
149.
Resolution of disputes is to occur in good faith by following the same
principles as the good faith bargaining requirements at section 228 of the Fair
Work Act 2009.
150.
While the parties are trying to resolve the dispute using the procedures in this
term:
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a.
an employee must continue to perform his or her work as he or she
would normally unless he or she has a reasonable concern about an
imminent risk to his or her health or safety; and
b.
an employee must comply with a direction given by the Agency Head
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 employee to
refuse to comply with the direction.
151.
The parties to the dispute agree to be bound by a decision made by Fair Work
Australia in accordance with this term.
F3
Consultation on Major Changes
152.
This clause applies where a decision is made to introduce major changes in a
work area that are likely to have significant effects on employees, other than
where provision is already made elsewhere in this enterprise agreement
regarding a specific major change.
153.
Where a definite decision is made to introduce major changes in programs,
organisation, structure or technology that are likely to have significant effects
on employees, the Agency Head must notify the employees who are likely to
be affected by the proposed changes and their representatives, if any.
154.
Significant effects include:
a.
termination of employment’
b.
major changes in the composition, operation or size of the Agency’s
workforce or in the skills required;
c.
the elimination or diminution of job opportunities, promotion
opportunities or job tenure;
d.
significant alteration in hours of work;
e.
the need to retrain employees;
f.
the need to relocate employees to another workplace; and
g.
the major restructuring of jobs.
Agency Head to discuss major changes
155.
The Agency Head must discuss with the employees affected and their
representatives, if any, the introduction of the changes referred to in clause
154, the effects the changes are likely to have on employees and measures
to avert or mitigate the adverse effects of such changes on employees and
must give prompt consideration to matters raised by the employees and/or
their representatives in relation to the changes.
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156.
The discussions must commence as early as practicable after a definite
decision has been made to make the changes referred to in clause 154.
157.
For the purposes of such discussion, the employees concerned and their
representatives, if any, are to be provided in writing all relevant information
about the changes including the nature of the changes proposed, the
expected effects of the changes on employees and any other matters likely to
affect employees. The Agency Head is not required to disclose confidential or
commercially sensitive information to the employees.
F4
Review of Actions
158.
An employee may seek a review of action under s.33 of the Public Service
Act 1999.
F5
Remedies in relation to termination of employment
159.
The sole and exhaustive rights and remedies of an employee in relation to
termination of employment are those that the employee enjoys under:



160.
The Fair Work Act 2009;
Other Commonwealth Laws (including the Constitution): and
At Common law.
Termination of, or a decision to terminate employment, cannot be reviewed
under the dispute prevention and settlement procedures/review of action
procedures addressed in Sections F3 and F4 of this Agreement. Nothing in
this Agreement prevents the General Manager from terminating the
employment of an employee for serious misconduct, without further notice or
payment in lieu, in accordance with the Fair Work Act 2009, subject to
compliance with the procedures established by the General Manager for
determining whether an employee has breached the Code of Conduct under
section 15 of the Public Service Act 1999.
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Part G. Separation from the Australian Public Service
G1
Resignation
161.
An employee must give a minimum of 4 weeks’ notice of their intention to
resign from the APS. The General Manager may agree to a lesser period.
G2
Age Retirement
162.
An employee can elect to retire at any time following their 55th birthday in
accordance with the PS Act. An employee must provide a minimum of 4
weeks’ notice of their intention to retire from the APS.
G3
Death of an Employee
163.
Where an employee dies whilst in employment, or where the General
Manager has determined that an employee is presumed to have died on a
particular day whilst in employment, the General Manager will, subject to legal
requirements, authorise the payment of the amount to which the former
employee would have been entitled had he or she ceased employment by
resignation or retirement.
164.
Payment will be made to dependants or the spouse or de-facto partner of the
former employee or their legal personal representative. If payment has not
been made within 12 months of the former employee’s death, it should be
paid to the former employee’s legal personal representative.
G4
Redeployment, Reduction and Retrenchment (RRR)
165.
The redeployment and redundancy provisions in this Agreement apply to
ongoing employees who are not on probation.
166.
An employee is an excess employee if:
167.
a.
the employee is included in a class of employees employed in the
NBA, which class comprises a greater number of employees than is
necessary for the efficient and economical working of the NBA;
b.
the services of the employee cannot be effectively used because of
technological or other changes in the work methods of the NBA or
changes in the nature, extent or organisation of the functions of the
NBA; or
c.
the duties usually performed by the employee are to be performed at
a different locality, the employee is not willing to perform the duties at
the locality and the General Manager has determined that the
redeployment and redundancy provisions of the Agreement apply to
the employee
The following principles will apply throughout the process:
a.
consistent with efficient operational requirements, the General
Manager will take all reasonable steps to transfer an employee who is
excess or potentially excess to requirements to a suitable vacancy at
an equal classification level within the NBA or in another APS agency;
National Blood Authority Enterprise Agreement 2011- 2014
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b.
employees who are, or are potentially, excess to requirements must
take all reasonable steps to identify and apply for suitable vacancies at
an equal classification level; and
c.
focused discussions (spanning up to four weeks) will be held with an
affected employee and, where they choose, their representative, to
consider:



actions that might be taken to reduce the likelihood of the
employee becoming excess to requirements;
redeployment opportunities; and
the availability of job swaps within the NBA or in another APS
agency, at the General Manager’s discretion.
Step 1 - Notification of potentially excess to requirements status
168.
Employees who are likely to become excess to requirements will be advised
by the General Manager at the earliest practicable time.
169.
The General Manager will inform the Staff Participation Forum of the potential
for an excess to requirements situation, including any implications for the
work area.
Step 2 – Voluntary redundancy
170.
The General Manager may invite an employee to elect for voluntary
redundancy. Where this occurs, the employee will have a 1 month
consideration period to enable the employee to decide whether or not to elect
for voluntary redundancy.
171.
At the beginning of the consideration period, the NBA will provide information
without prejudice to the employee on:
a.
amount of severance pay, pay in lieu of notice and accrued leave;
b.
the amount of their accumulated superannuation contributions;
c.
their options concerning superannuation;
d.
taxation rules applicable to each form of payment;
e.
financial assistance to assist with expenses incurred for independent
financial advice (up to the value of $400).
The NBA is not able to give financial advice and the information provided in
accordance with this clause is not capable of forming a binding contract.
172.
An employee and the General Manager can agree to reduce the one month
consideration period on the condition that the employee has received the
information outlined in paragraph 171. Unless an employee agrees to reduce
the one month consideration period, notice of termination will not occur before
the end of that one month period.
Redundancy benefit
173.
An employee who elects for retrenchment with a redundancy benefit and
whose employment is terminated by the Agency Head under s.29 of the
Public Service Act 1999 (PS Act) on the grounds that he/she is excess to the
requirements of the agency, is entitled to payment of a redundancy benefit of
an amount equal to 2 weeks’ salary for each completed year of continuous
service, plus a pro-rata payment for completed months of service since the
National Blood Authority Enterprise Agreement 2011- 2014
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last completed year of service, subject to any minimum amount the employee
is entitled to under the National Employment Standards (NES).
174.
The minimum sum payable will be 4 weeks’ salary and the maximum will be
48 weeks’ salary.
175.
The redundancy benefit will be calculated on a pro rata basis for any period
where an employee has worked part-time hours during his or her period of
service and the employee has less than 24 years’ full-time service, subject to
any minimum amount the employee is entitled to under the NES.
Retention period (where relevant)
176.
A maximum retention period of 30 weeks (or 56 weeks for employees over 45
years of age, or with over 20 years of service) commences on the day after
the expiration of the consideration period. The actual retention period of an
employee will be the applicable maximum retention of an employee, minus
the equivalent period of any redundancy pay entitlement the employee has
under the NES, calculated as at the expiration of the adjusted period. For
example, an employee who has a maximum retention period of 30 weeks and
an entitlement to a redundancy payment under the NES equivalent to 12
weeks’ salary is entitled to a retention period of 30 weeks minus 12 weeks.
Retention period – early termination
177.
Where the Agency Head is satisfied that there is insufficient productive work
available for the employee within the agency during the remainder of the
retention period and that there is no reasonable redeployment prospects in
the APS:
a.
the Agency Head may, with agreement of the employee, terminate
the employee’s employment under s.29 of the PS Act; and
b.
upon termination, the employee will be paid a lump sum comprising:
i.
the balance of the retention period (as shortened for the
National Employment Standards under clause 176) and this
payment will be taken to include the payment in lieu of notice
of termination of employment, plus
ii.
the employee’s NES entitlement to redundancy pay.
178.
Where the 1 month consideration period is reduced, the employee will be paid
the balance of the 1 month period as at the date of termination.
179.
Where the General Manager accepts the employee’s election, the General
Manager will provide the employee with 4 weeks’ (or 5 weeks for an
employee over 45 years of age with at least 5 years of continuous service)
notice of termination of employment or a lesser period agreed with the
employee. The unexpired portion of the notice period will be paid out.
Calculating redundancy payments
180.
Redundancy payments will be calculated on:
a.
The employee’s salary on the date of termination;
b.
Higher duties allowance where the employee has received the
allowance for a continuous period of at least 12 months immediately
National Blood Authority Enterprise Agreement 2011- 2014
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preceding the date on which the employee is given notice of
termination of employment; and
c.
Allowances in 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.
181.
The redundancy payment will be calculated on a pro-rata basis for any period
where an employee has worked part-time hours during their period of service
and the employee has less than 24 years full-time service.
182.
Service for the purposes of calculating redundancy payments means:
183.
a.
Service in the NBA;
b.
Government service as defined in section 10 of the Long Service
Leave (Commonwealth Employees) Act 1976;
c.
Service with the Commonwealth (other than service with a joint
Commonwealth-State body corporate in which the Commonwealth
does not have a controlling interest) which is recognised for long
service leave purposes;
d.
Service with the Australian Defence Force;
e.
APS service immediately preceding deemed resignation (as defined),
if the service has not previously been recognised for redundancy pay
purposes; and
f.
Service in another organisation where the employee was transferred
from the APS to that organisation with a transfer of function or the
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 s.29 of the PS Act;
b.
Prior to the commencement of the PS Act, by way of redundancy;
retirement on the grounds of invalidity, inefficiency or loss of
qualifications, forfeiture of office, dismissal or termination of
probationary appointment for reasons of unsatisfactory service;
c.
Voluntary retirement at or above the minimum retiring age applicable
to the employee; or
d.
Payment of an employer-financed retirement benefit.
184.
For earlier periods of service to count, there must be no breaks between the
periods of service, except where the break in service is less than 1 month and
occurs where the offer of employment in relation to the second period was
made and accepted by the employee before the first period of service ended
(whether or not the 2 periods of service were with same agency or employer).
185.
Absences from work which do not count as service for any purpose will not
count as service for redundancy pay purposes.
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Step 3 – Involuntary redundancy
186.
The General Manager will not, under s.29 of the PS Act, involuntarily
terminate the employment of an employee who is excess to requirements if
an employee does not elect for voluntary redundancy within the 1 month
consideration period. The employee will be deemed to be excess to
requirements on the expiration of the consideration period.
187.
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 voluntarily redundant has been refused.
188.
An employee who does not elect for voluntary redundancy will not have their
employment terminated under s.29 of the PS Act without agreement during
the retention period.
Retention period
189.
During the retention period the manager:
a.
will assist the employee with attempts to find alternative employment;
and/or
b.
may on request provide assistance in meeting reasonable travel costs
and incidental expenses incurred in seeking alternative employment;
and/or
c.
may, after giving 4 weeks' notice to the employee, reduce their
classification as a means of securing alternative employment. If this
occurs prior to the end of the retention period, they will continue to be
paid at their previous level for the balance of the retention period.
190.
Retention periods will only be extended where the General Manager is
satisfied that an employee is substantially incapacitated and unfit for work,
based on the opinion of a medical practitioner nominated by the NBA. Unless
exceptional circumstances exist, a retention period will not be extended
beyond an additional two months.
191.
Where the General Manager involuntary terminates the employment of an
employee under s.29 of the PS Act on the grounds that the employee is
excess to requirements, they will be given 4 weeks' notice (or 5 weeks' notice
for an employee over 45 years of age with at least 5 years of continuous
service) of termination to be served (as far as practicable) concurrently with
the retention period.
192.
The employee will be paid for any unexpired portion of the notice period after
separation.
193.
The General Manager may terminate the employment of an employee under
s.29 of the PS Act after the expiration of the retention period.
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Signature Page
For the Employer
Signed:
Date:
June 2011
Name in full (printed):
ALISON JUDITH TURNER
Position:
Address:
General Manager *
19-23 Moore Street,
TURNER ACT 2612
Witnessed by:
Witness name in full
(printed):
Witness address:
Bargaining Representatives
Signed:
Date:
June 2011
Name in full (printed):
Address:
PAUL CHRISTOPHER HYLAND
19-23 Moore Street,
TURNER ACT 2612
Witnessed by:
Witness name in full
(printed):
Witness Address:
* The General Manager is authorised to sign this Agreement on behalf of the NBA under
subsection 22(1) of the PS Act.
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