Draft bargaining
position for 2011 ATO
Agreement
This bargaining position (log of claims) has been developed from member
consultation. The changes since the first draft reflect further member input.
This paper outlines the ASU’s draft log of claims or bargaining position. It is
split into sections. ‘Productivity’ covers our pay claims, superannuation and
allowances. ‘Conditions’ covers terms and conditions generally. The final
‘Executive Level’ section deals with EL2 and relevant EL1 specific issues.
Improving productivity and affordable improvements in pay/conditons
Commissioner D’Ascenzo needs to co-operate with the employees to be
covered by the new ATO Enterprise Agreement 2011 so we can work
together to achieve the productivity increases needed to justify the
improved remuneration and conditions in our bargaining position and so the
Government can see they are affordable.
The ASU believe the major sources of productivity and affordability will come
from the ATO’s investment in its technology, systems and in developing the
capability of its employees.
The ATO self funded $582m of the cost of the Change Program. The
Government provided an additional $218m. This investment has generated
$150m in annual productivity savings, not counting the benefits from the
Income Tax release in early 2010. The ATO expects further increases in annual
savings to be generated over the next three years. Further investment in
technology, system and staff will generate even greater savings. We need
the ATO to be transparent with us its expected future investments and their
expected returns.
The ASU proposes the ATO substantially increases its investment in developing
the capabilities of its employees both for their current jobs and to enhance
their career prospects in the ATO. The ATO needs to conduct a cost-benefit
analysis of our proposals so we can negotiate the detail.
Length of the Agreement
The difficulty with the ATO’s proposal for a 3 year agreement is the real risk
that inflation and/or interest rates will increase significantly over this period.
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We can only agree to 3 years if the terms and conditions are good enough to
justify us taking this risk.
The ATO also needs to consider our claims for a general salary increase,
changes in pay pints and for new and improved allowances in terms of
market conditions and the need to recruit and retain qualified and capable
employees. Market conditions mean that it is difficult for the ATO to recruit
and retain APS 5 to EL2 staff. This has been confirmed by the ATO using
special recruitment programs in an effort to attract skilled staff at the EL1 to
EL2 levels and to consider similar action for APS 5 to APS 6 staff.
The 2011 Agreement will cover all EL2s. It is thanks to Government policy that
EL2s now have the right to be represented at the bargaining table.
Pay
General salary increase
The ASU propose a general salary increase of 6% per annum compounding.
Salary for Superannuation Purposes
Improve the outcome, including consultative and education about any proposed
changes to the calculation basis of payment for PSS Accumulation fund members.
Superannuation
The ATO will pay the optional disability insurance that is available to members of the
PSS and PSS Accumulation Plan so all ATO employees are protected against
disability as much as practicable.
Changing the pay point structure
The current pay point structure has been in place, with only very minor change,
since 1987. Changes in market conditions and changes in the nature of the ATO’s
work demand a reconsideration of these pay points as part of this Agreement.
We propose the following pay points based on current salary levels.
APS 5
65936
68001
69916
71213
APS 6
72984
74985
78756
81805
83850
EL1
91294
95424
98581
2
101045
EL2.1
113470
117262
121059
124855
128646
131931
EL2.2
135213
138577
142041
Working under the 8 – 6 service window
There needs to be improved staffing so rostering of breaks and start and finish times
more readily meet staff preferences.
Staff need substantially improved access to flexible working patterns. This will reduce
‘workplace absences’ and more importantly make these areas better places to
work.
There need to be improved career paths out of these areas. Staff need to be
released whenever they are able to obtain a transfer at level.
The ASU requires a new allowance for staff in phone call areas where calls are
routed to staff with expertise in that skill set. Staff will receive an annual allowance of
$1000 for each skill set they can take calls in.
Overtime
The exception for overtime of 15 minutes or less is not practical, particularly in call
centre areas. Overtime should be payable for all time staff are required to stay
back. This is particularly applicable in areas covered by the 8 – 6 service window.
Professional allowance for APS 5, 6, EL1 and EL2 staff
APS 6, EL1 and EL2 staff are to receive an annual allowance in recognition of their
need to maintain and enhance their professionalism in the ATO. The allowance may
be spent in any way the recipient considers will enable them to maintain and
enhance this. This may include expenditure on clothing, home office, membership
of relevant unions or professional associations. The Professional Allowance is to be
paid fortnightly.
EL2
EL1
APS 6
APS 5
$3000
$2500
$2000
$1500
Emergency Warden Allowance
This allowance needs to increase to the same level as the allowances paid for
Harassment Contact Officers, Wellbeing Site Representatives and Health & Safety
Representatives. This is in recognition of the fact this role is at least as responsible and
demanding as the others.
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Other Allowances
All allowances will increase each year by the amount of the general salary increase,
except as otherwise detailed in our claims.
Professional Accreditation
The ATO should recognise the productivity benefits from its employees developing
their expertise above the level that comes from satisfactory performance. We
propose a system based on the current accreditation required for employees who
issue rulings. This should be able to apply across all business lines and for most
classification levels. We propose payment of an annual allowance for achieving
and maintaining this accreditation. The allowance would vary by classification and
function up to $5000 per annum.
Annual Salary Advancement
Reword to make it simpler, advancement based on Satisfactory Performance.
Salary on Movement from another APS Agency or ATO AWA
The ATO will maintain their higher wage rate until caught up by ATO wage rates.
Health and Wellbeing Allowance
The effective date of 1 July denies an employee who has moved from non-ongoing
to ongoing employment on or after 1 April each year (3 months), the opportunity to
apply for apply for the Health and Wellbeing allowance within that financial year.
This is regardless of the length of continuous employment that officer has in the ATO
prior to commencing ongoing employment.
Conditions
Balancing work and family life
These clauses are to be strengthened so current provisions on working hours and
leave can be more readily accessed.
Flextime: The maximum flex credit limit will increase from 30 hours to 1 week.
Employee and Corporate Consultation and Workplace Policies
The ATO should negotiate on workplace change, not just consult Restate
membership of the National Consultation Forum with “Each of the ASU and the CPSU
shall have three representatives”. Consult on all workplace issues.
All ATO employment policies are to be reviewed and negotiated to agreement with
the unions.
Papers and the agenda should be distributed at least two weeks prior to
consultative forums to allow discussion and feedback with union members.
The ATO needs to improve its consultative arrangements so all employees have
timely access to their managements’ decision making documents and the
opportunity to make their issues known to decisions makers prior to decision, and to
receive reasons for the decision.
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Part time study support, the Tuition Assistance Program & an adult ‘cadet program’.
The ATO should approve part time studies support for all employees who enroll in
appropriate courses and this support should continue subject to satisfactory
completion. The Tuition Assistance Program should be extended to pay for all tertiary
fees and a book allowance of up to $250 per semester on satisfactory completion of
each subject in an approved course.
The ATO should create a new form of support for full time studies in approved
courses that is structured like the cadet program, so the approved student works at
the ATO during non-teaching periods and has leave to study full time during
teaching periods. Continued approval would be subject to satisfactory progress.
Salary would be paid at the full rate when working at the ATO and at 50% during
teaching periods. Tertiary fees and a book allowance would be payable on
satisfactory completion of each subject.
Contracting out of ATO work - Cost comparisons must be fair.
The ATO will impose contractual obligations on any of its contractors that provide
‘services’ to the public or their representatives which are equivalent to the
protections for the public and employees under the Public Service Act.
The ATO will also require its contractors have pay and conditions for their employees
who provide such services that are at least equivalent to those offered by the ATO.
Contractors who collect debt for the ATO may not be paid ‘bonuses’ based on how
much debt they collect and nor may their employees.
Preventing excess staff
The current provisions will be re-negotiated to ensure all potentially excess
employees are assessed fairly for each vacant position they eligible to fill.
Redeployment between regions with relocation assistance will be available with the
employee’s agreement.
Workers compensation
The ATO will pay the cost of journey insurance for employees’ travel between home
and work and where outside a site during an approved break.
Occupational health and safety & a discrimination and harassment free workplace
Employees will be able to enforce the ATO’s commitment to protecting their health
and safety through the dispute avoidance and settlement procedures, so Fair Work
Australia can arbitrate on issues if we cannot otherwise obtain a fair resolution of
staff concerns.
Car Accidents and sick leave
The anomaly in our current Agreements that limits income protection through
statutory schemes will be removed. We need a new clause that requires the ATO to
re-credit personal leave for employee's who are otherwise compensated for their
injury through the TAC or similar.
Sabbatical Leave
Delete because employees are better off financially by taking purchased leave
instead.
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Regular hours and public holidays
Where our regular hours agreements have us working more than 7 hours 21 minutes
on a public holiday, we are to be credited with the full number of our regular hours
for that day.
Trade Union Training
Update the leave provision to include trade union training.
Union and employee representative rights
Comprehensive union representative rights are to be included in the new
Agreement. Comprehensive employee rights are to be included in the agreement.
This is to include the right to reasonable release from duty to seek advice on and
where needed, to prepare a primary or secondary application for review of action,
a dispute procedure including appearing before Fair Work Australia, to prepare a
whistleblower report, to respond to a notice of suspected breach of the APS Code
of Conduct or to a management initiated step in a disciplinary process, to prepare
an application for a claim for workers compensation or to prepare a request for
reconsideration or appeal.
Ensuring AVO coverage
Ensure the ATO Agreement does not disadvantage Valuation Office employees in
any way.
Non-Ongoing Employees
The provisions for non-ongoing employees need to be reviewed and agreed during
the course of negotiation to ensure ‘reduced conditions’ are minimized given their
role.
Code of conduct and reviews of action
The ATO is to accept the recommendations of the Merit Protection Commissioner.
Improving the dispute avoidance and settlement procedures
Enhance the existing clause to cover all working matters. The parties to the dispute
agree to be bound by a decision made by Fair Work Australia in accordance with
this term.
Provide improved timelines so the ATO can’t delay addressing issues. Make it even
clearer that steps can be bypassed in urgent and appropriate cases so there is
prompt access to Fair Work Australia.
Employee Initiated Mobility
The mobility register will be used before any formal recruitment process – the
expressions of interest and advertised vacancies. This will be a significant cost saving
to the ATO.
ATO driver safety policy
The policy needs to be agreed with the unions to improve driver safety.
Deemed leave: The provisions are to be simplified.
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EL2 and EL1 specific claims
Salary advancement through pay points
EL2s will be advanced to the next pay point with satisfactory performance.
EL2 general claims
Where provisions in the 2009 EL2 Agreement are below the equivalent provisions in
the 2009 General Employees Agreement, the wording in the GE Agreement will also
apply to the EL2s, except as otherwise provided in these claims.
Examples include:
 Work/family/lifestyle balance
 Part time hours
 Flexibility Agreements
 Aims of the Agreement
 Consultation
 Flexible working arrangements
Higher Duties as an EL2
Employees acting at the EL2 level will access the professional allowance after 3
months of acting EL2.
EL1 and EL2 Flexible working arrangements
It is to be made clear that FWA leave is available on an hour for hour basis. Flexible
working arrangements will include the right to have varying start and finish times.
Executive level staff may work these flexible hours except where there are clear
operational requirements that mean their presence is needed to complete an
urgent and essential task. Executive level staff will have a right to work flexible
working hours, rather than needing the agreement of their team leader as at
present.
Flextime and Time Off in Lieu
The bargaining framework says “Flextime: To be provided to APS 1-6 employees and
those in training classifications. Employees should not carry an accrual of more than
1 standard week.” This is 37.5 hours. The ATO currently has 30 hours.
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