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Defence Enterprise Collective Agreement ,I

:1 Delegations 2014 (No.1 0) I

Fair Work Act 2009 Defence Enterprise Collective Agreement 2012-2014

I I

I, CHRISTON SCOTT CHAMLEY, Acting Director General People Policy and Employment Conditions, make the following delegations using the powers vested in me under paragraph 13.1 of the Defence Enterprise Collective Agreement 2012-2014.

Dated I October 2014

Acting Director General People Policy and Employment Conditions

2

1 Name of Instrument This delegation is Defence Enterprise Collective Agreement Delegations

2014 (No. 10).

2 Commencement This delegation commences on the date of signature.

3 Definition Definitions that may be used in this delegation are set out in Schedule 1.

4 Revocation I revoke the following instruments of delegation made by Acting Director General

People Policy and Employment Conditions:

a. Defence Enterprise Collective Agreement Delegations 2013 (No. 4), dated 28 June 2013.

b. Defence Enterprise Collective Agreement Delegations 2013 (No. 13), dated 10 December 2013.

5 Delegations I delegate those functions mentioned in Schedule 2, that have been delegated to me

by the Secretary of the Department of Defence under paragraph I3.1 of the Defence Enterprise Collective Agreement 2012-2014, to the persons from time to time holding, occupying, acting in or performing the duties of the classifications, ranks or positions listed in that Schedule for the relevant function.

Note: Schedule 2 identifies the delegate, the provision to which the delegation relates and includes a summary of the provision for information.

6 Directions Any function delegated in this instrument must be exercised subject to relevant

direction mentioned for the function in Schedule 2.

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Schedule 1 Definitions 1. In this Instrument:

ADF means Australian Defence Force.

APS means Australian Public Service.

APSC Directions means the Australian Public Service Commissioner’s Directions 2013.

APS WR means Directorate of Australian Public Service Workplace Relations.

AS COO means Associate Secretary Chief Operating Officer.

COD means Chief of Division.

DECA means the Department's enterprise agreement as in force from time to time.

DEPSEC DP means Deputy Secretary Defence People.

DGPPEC means Director General People Policy and Employment Conditions.

DWRM means Defence Workplace Relations Manual. The DWRM sets out lawful and reasonable directions of the employer under subsection 13(5) of the Public Service Act 1999. It includes detailed policy and administrative guidance for delegates on the terms and operation of the DECA.

Fair Work Act means Fair Work Act 2009.

First-level supervisor means the person to whom an employee reports and seeks guidance and feedback.

Groups means the following parts of Defence:

a. Office of the Secretary and CDF Group (OSCDF Group). This includes Strategy Executive, Office of the Inspector-General ADF, Office of the Judge Advocate General, Office of the Director of Military Prosecutions, Audit Division and Fraud Control and Investigations Branch.

b. Vice Chief of Defence Force Group (VCDF Group). This includes the Australian Defence Force Investigative Services.

c. Joint Operations Command (JOC).

d. Navy.

e. Army.

f. Air Force.

g. Capability Development Group (CDG).

h. Chief Finance Officer Group (CFOG).

i. Chief Information Officer Group (CIOG).

j. Defence Science & Technology Organisation (DSTO).

k. Defence Materiel Organisation (DMO).

l. Defence Support and Reform Group (DSRG).

m. Intelligence & Security Group (ISG).

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n. Defence People Group (DPG).

o. Chief Operating Officer is taken to be a Group for the purposes of these delegations. For personnel decision-making purposes, the Associate Secretary Chief Operating Officer has the powers of a Group Head for any Group within their line of control.

Group Heads includes any person who controls and directs a ‘Group’. For the purposes of these delegations, Group Head includes the following positions.

a. Chief of the Defence Force.

b. Associate Secretary Chief Operating Officer.

c. Chief Executive Officer Defence Material Organisation.

HPPC means the Head People Policy and Culture.

LSL Act means the Long Service Leave (Commonwealth Employees) Act 1976.

ML Act means the Maternity Leave (Commonwealth Employees) Act 1973.

PS Act means the Public Service Act 1999.

PSC Rules means the Public Service Classification Rules 2000.

PS Regulations means the Public Service Regulations 1999.

SES means Senior Executive Service.

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2. For the purposes of these Delegations, equivalencies between APS classifications and Australian Defence Force (ADF) ranks have been developed.

Members of the ADF are referred to by their rank or alternatively by the numeric designation for the officer level of their rank.

The letter (E) following an Army rank indicates a reference to the equivalent military ranks in the Navy and Air Force. Equivalent positions are to be determined in accordance with this table:

Australian Public Service

O Equivalent

Navy Army Air Force

a. SES Band 3

Chief of Division Grade 3

O-9

Vice-Admiral Lieutenant-General

Air Marshal

b. SES Band 2

Medical Officer Class 6


O-8

Rear-Admiral Major-General Air Vice-Marshal

c. SES Band 1



O-7 Commodore Brigadier Air Commodore

d. Executive Level 2



O-6

Captain Colonel Group Captain

e. Executive Level 1


O-5

Commander Lieutenant-Colonel

Wing Commander

6

Australian Public Service

O Equivalent

Navy Army Air Force

f. APS 6


O-4

Lieutenant-Commander

Major Squadron Leader

g. APS 5 O-3

Lieutenant Captain Flight Lieutenant

h. APS 4 O-2 Sub-Lieutenant Lieutenant Flying Officer

i. APS 3 Petty Officer Warrant Officer Class 2

Staff Sergeant

Sergeant

Schedule 2 Defence Enterprise Collective Agreement Delegations

Schedule 2 to Defence Enterprise Collective Agreement Delegation 2014 (No. 10) 1

Item Function Target of delegation

Delegates Directions

Part A – The Defence Environment 1.1 Determine additional awareness programs to

be mandated for all, or specific, groups of employees.

paragraph A3.5 DECA

Group Heads 1. Delegates other than AS COO and DEPSEC DP may only make this decision in relation to employees and positions in the delegate’s line of supervision.

Part B – Managing and Structuring the Workforce 2.1 Prescribe a premium, in addition to normal

rates of salary, for one or more employees within an occupational discipline of significance.

paragraph B3.8 DECA

Group Heads 1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. A Group Head (except for CEO DMO) must consult Head People Policy and Culture before deciding to prescribe a premium for a period of more than two years. 3. A Group Head (except for CEO DMO) must consult the relevant committee, through APSWR, before deciding to prescribe a premium that exceeds 10% of the top rate in the employee’s annual salary range.

2.2 Prescribe a bonus payment in addition to a premium approved under paragraph B3.8 of DECA 2012-2014.

paragraph B3.12 DECA

Group Heads 1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. A Group Head (except for CEO DMO) must consult the relevant committee, through APSWR, before deciding to prescribe a bonus payment that exceeds 5% of the top rate in the employee’s annual salary range.

2.3 Prescribe a premium, in addition to normal rates of salary, for an identified number of jobs outside an occupational discipline of significance, if the jobs possess a competency that is critical to Defence capability.

paragraph B3.13 DECA

Group Heads 1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision.


Item Function Target of

delegation Delegates Directions

Part C – Managing Organisational Change SES Band 1 (E) and above Brigadier (E) and above

1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. The delegate may only make decisions for change proposals that impact on up to 15 employees.

SES Band 2 (E) and above Major-General (E) and above

1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision.

3.3 Provide employees with a proposal regarding organisational change where it is likely to result in employees not having an ongoing job in a new structure.

paragraph C2.2 DECA

All Groups Each Group Head in the Groups that are affected by the change

1. For change proposals that impact on employees in more than one Group, each Group Head that is affected by the change must make the decision for their Group.

SES Band 1 (E) and above Brigadier (E) and above




3.4 Approve a proposed organisational change. paragraph C2.4 DECA

All Groups Each Group Head in the Groups that are affected by the change









3.5 Appoint a Change Manager. paragraph C3.1 DECA

All Groups Each Group Head in the Groups that are

affected by the change






1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. Before making a decision, the delegate must be satisfied that the Staff Transition Plan includes the information required by paragraph C3.3 of the DECA. 3. The delegate may only make decisions for change proposals that impact on up to 15 employees.


1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. Before making a decision, the delegate must be satisfied that the Staff Transition Plan includes the information required by paragraph C3.3 of the DECA.

3.6 Approve a staff transition plan. paragraph C3.5 DECA

All Groups Each Group Head in any Group that is to be

affected by the change


3.7 Approve the nomination of an Excess Coordinator to oversee the excess process within a Group.

paragraph C5.1 DECA





Director General People Services Director People Management Practices and

Programming Executive Level 2 within APS Workplace

Relations

3.8 Notify an employee in writing of the proposal to declare the employee excess to Defence’s requirements.

paragraph C5.4 DECA

SES Band 3 (E) Lieutenant-General (E)




Relations

1. The delegate may only make the declaration if they are satisfied that the Group has been unable to reassign the employee within a reasonable timeframe.

3.9 Declare an employee excess to Defence’s requirements.

paragraph C5.5 DECA


1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. The delegate may only make the declaration if they are satisfied that the Group has been unable to reassign the employee within a reasonable timeframe.



Relations

3.10 Extend the retention period for a fixed period. paragraph C6.3 DECA








Relations

3.11 Advise an employee when their excess status is ended due to their redeployment.

paragraph C7.7 DECA



3.12 Make an offer of voluntary retrenchment to an employee who has been declared excess.

paragraph C8.1 DECA



Relations

3.13 Defer an offer of voluntary retrenchment to an employee where redeployment outcomes have been delayed.

paragraph C8.1 DECA



Relations

3.14 Agree to a retrenchment date nominated by an employee who has been offered a voluntary retrenchment and accepted it within 14 days of the offer.

paragraph C8.3 DECA



Relations

1. The delegate must consider the employee’s preferred timing, set out in their written statement that accompanies the recommendation to the delegate.

3.15 Withdraw an offer of voluntary retrenchment prior to formal acceptance by the employee.

paragraph C8.5 DECA



Relations

3.16 Determine there is insufficient productive work available for an employee in the remainder of the retention period.

paragraph C9.6 DECA



Relations

1. The delegate may not make this decision unless they hold the delegated power to terminate employment under section 29(3)(a) of the Public Service Act 1999.




Part D – Performance 4.1 Determine that a period of less than 6 months

is appropriate for the purposes of satisfying sub-paragraph D6.5c. of DECA in relation to assessing an employee’s eligibility for performance progression. Note: Performance progression relates to substantive salary only.

Note: Performance progression is not to be paid where the employee is absent for the entire performance cycle.

paragraph D6.6 DECA

Executive Level 2 (E) and above Colonel (E) and above

1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. Periods of duty during the performance cycle at a classification higher than the employee’s substantive classification are included for the purposes of satisfying sub-paragraph D6.5c.

Director Complaints Resolution Executive Level 2 within APS Workplace

Relations

All Groups except Intelligence & Security A second level supervisor in the employee’s

line area


Intelligence & Security Deputy Secretary Intelligence & Security SES Band 1 and above or Brigadier (E) and

above within Australian Signals Directorate.

1. The delegate may only make this decision in relation to employees and positions within Intelligence & Security Group.

4.2 Reinstate unpaid or deferred performance progression following a review.

paragraph D6.14 DECA

Intelligence & Security Director Human Resources Operation to I&S

Group, Defence People Group


4.3 Regress the salary of employee at Level 8 of the Science and Technology structure when they are rated as Not Effective.


Chief Defence Scientist, Defence Science and Technology Organisation





First Assistant Secretary Defence People Solutions

Director General Values, Behaviours and Resolutions

Director Conduct and Performance Assistant Director Conduct and Performance Director Human Resources Operations to I&S


SES Band 1 (E) and above Brigadier (E) and above Regional Director Central West, DSRG Regional Director Northern NSW, DSRG Regional Director Southern NSW, DSRG Regional Director Queensland, DSRG Regional Director Victoria/Tasmania, DSRG

1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. The delegate must complete the 'Exercising Performance Delegations' training before making any decisions under this function.

Intelligence & Security Deputy Secretary Intelligence & Security


4.4 Determine that a formal Performance Evaluation Process should be initiated.

paragraph D7.7 DECA

Intelligence & Security – ASD Director Australian Signals Directorate Assistant Secretary D Branch, Australian

Signals Directorate

1. The delegate may only make this decision in relation to employees and positions within Australian Signals Directorate.






Director Conduct and Performance Assistant Director Conduct and Performance Director Human Resources Operation to I&S






4.5 Determine the period of time over which the employee's performance will be assessed under a Performance Evaluation Process.

Paragraph D7.8 and D7.9 DECA


Signals Directorate













4.6 Nominate an independent person from outside the employee’s immediate work area to undertake an assessment of the employee’s performance during the Performance Evaluation Process.

paragraph D7.9 DECA


Signals Directorate









SES Band 1 (E) and above Regional Director Central West, DSRG Regional Director Northern NSW, DSRG Regional Director Southern NSW, DSRG Regional Director Queensland, DSRG Regional Director Victoria/Tasmania, DSRG




4.7 Determine that a Performance Evaluation Process be conducted where an employee’s performance again falls below the agreed standard within 12 months of completing a Performance Improvement Plan or Performance Evaluation Process.

subparagraph D7.13(a) DECA


Signals Directorate













4.8 Decide that further performance assessment will not improve performance.

Subparagraph D7.13(b) DECA


Signals Directorate









1. If termination is proposed, employee must be advised of the option in paragraph D7.15 regarding early termination with consent. 2. The delegate must hold the relevant power to terminate, reduce classification or reassign the duties of the employee.


1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. The delegate must complete the 'Exercising Performance Delegations' training before making any decisions under this function. 3. The delegate must hold the relevant power to terminate, reduce classification or reassign the duties of the employee.


1. The delegate may only make this decision in relation to employees and positions within Intelligence & Security Group. 2. The delegate must hold the relevant power to terminate, reduce classification or reassign the duties of the employee.

4.9 Notify the employee in writing of the subparagraph D7.13(b) decision and seek reasons, within 7 days, as to why a course of action described under paragraph D7.14 should not be taken against them.



Signals Directorate

1. The delegate may only make this decision in relation to employees and positions within Australian Signals Directorate. 2. The delegate must hold the relevant power to terminate, reduce classification or reassign the duties of the employee.




Part E – Training, Education and Career Development 5.1 Approve support for a course of study for an

employee. paragraph E5.14 DECA

Director Practice Management Assistant Director, Education Assistance

Schemes Executive Officer, Education Assistance

Schemes Manager, Education Assistance Schemes Studybank officers, APS 4 and above

5.2 Approve financial assistance related to the approved study in accordance with Studybank policy.

paragraph E5.14 DECA

Director Practice Management Assistant Director, Education Assistance

Schemes Executive Officer, Education Assistance

Schemes Manager, Education Assistance Schemes Studybank officers, APS 4 and above

Part F – Balancing Life and the Workplace 6.1 Grant time off in lieu (TOIL) on an hour to

hour basis for an Executive Level employee where the pattern for hours agreed in the performance exchange cannot or is not adhered to.

paragraph F4.3 DECA



Executive Level 2 within APS Workplace Relations

6.2 Approve a local working arrangement that would introduce bandwidth hours which exceed 12 hours per day or do not fall within the hours specified in paragraph F5.4 of DECA.

paragraph F5.5 DECA



6.3 Approve payment of overtime to employees in Executive Level classifications.

paragraph F6.9 DECA



6.4 Approve payment of meal allowance where criteria in paragraph F6.21 of DECA are not met but payment is considered reasonable.

paragraph F6.22 DECA

First-level supervisors and above 1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision.




6.5 Approve the commencement of a temporary shift work arrangement in unforeseen situations.




6.6 Approve the introduction of a 12-hour shift roster.

paragraph F8.2 DECA



6.7 Approve an alternative schedule for a 12-hour shift roster.

sub-paragraph F8.3(c) DECA



6.8 Approve payment of restriction allowance to an Executive Level employee where the employee is required to be restricted on a continuing and regular basis.




6.9 Approve the commencement or variation of part-time work for an agreed period.


Executive Level 1 (E) and above Lieutenant Colonel (E) and above


6.10 In exceptional circumstances, waive the requirement for an employee (who is a parent or who has responsibility for the care of a child under school age or a child under 18 who has a disability) to have completed 12 months of continuous qualifying service before being eligible to request flexible working arrangements.




6.11 Agree to a previously full-time employee who has agreed to undertake part-time work, reverting to full-time work before the expiry of the agreed part-time period.







6.12 Approve a written agreement for ongoing home-based work arrangements.


All Groups except DMO Executive Level 1 (E) and above Lieutenant Colonel (E) and above DMO Executive Level 2 (E) and above Colonel (E) and above


6.13 Direct an employee to take leave in order to reduce the employee’s leave balance below 450 hours.




6.14 Approve applications from an employee with an annual leave balance of greater than 450 hours to take annual leave at half pay or purchase additional annual leave.

Paragraph F15.19 DECA



6.15 Direct that an employee will observe a period of closedown (other than the period between Christmas and New Year) by using annual or other leave.




6.16 Approve additional unpaid parental leave up to the fifth anniversary of the birth or placement of the child.




6.17 Grant Defence Reserve leave with pay for up to five weeks per year to enable an employee to fulfil Australian Defence Force Reserve obligations.

section F21.2 DECA

First-level supervisors at all levels 1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision.

6.18 Grant Defence Reserve leave with pay for up to three weeks per year to enable an employee to fulfil Cadet Force obligations.

section F21.2 DECA





6.19 Grant additional leave (with or without pay) over the basic 3 or 5 weeks of paid leave, to enable an employee to fulfil Australian Defence Force Reserve and Continuous Full-Time Service (CFTS) obligations, Cadet Force obligations or any other Defence Force requirements.




6.20 Grant miscellaneous leave with pay for an employee attending court to undertake jury service or give witness testimony on behalf of the Commonwealth or State.

paragraph F23.2 and Item 6 of Annex C DECA


6.21 Grant miscellaneous leave for an employee to attend a recognised international sporting event as a competitor or accredited official.



6.22 Grant miscellaneous leave to an employee affected by disaster – up to three days full pay per occasion.



6.23 Grant miscellaneous leave to an employee affected by disaster – more than three days specifying whether at full pay, half pay or without pay.




6.24 Grant miscellaneous to enable an employee who is a duly elected office holder of a local government council to undertake local government obligations.






6.25 Grant miscellaneous leave to allow an employee to supervise a removal (including delivery) when relocated at the request of Defence.



6.26 Grant miscellaneous to enable an employee to engage in an activity as a member of a recognised emergency management organisation – additional to the basic four days granted by a supervisor, specifying whether at full pay, half pay or without pay.




6.27 Grant miscellaneous leave for personal injury or illness.



Programming

6.28 Grant miscellaneous leave with pay to an employee who suffers an illness or injury travelling; (a) to and from work; or (b) to and from a Defence-approved course of study.



Programming

6.29 Define “exceptional personal circumstances”. paragraph F23.2 and Item 14 of Annex C DECA


Programming

6.30 Grant miscellaneous leave for defined exceptional personal circumstances.



Programming




6.31 Grant miscellaneous leave without pay for an employee who is approved support for a course of study under paragraph E5.14.




6.32 Grant miscellaneous leave for an employee to accompany their spouse or partner on a posting.




6.33 Grant miscellaneous leave to enable an employee to work for a non-Defence employer.




6.34 Grant miscellaneous leave to enable an employee with dual citizenship to undertake national service commitments.




6.35 Grant miscellaneous leave (without pay) for private purposes.




6.36 Grant miscellaneous leave for exceptional circumstances.







6.37 Direct an employee to work during the Christmas stand-down period.


Supervisors at the following levels: Executive Level 2 (E) and above Colonel (E) and above


6.38 Approve reasonable expenses arising from additional dependant care arrangements.


Supervisors at the following levels: Executive Level 1 (E) and above Lieutenant Colonel (E) and above


Part G – Remuneration 7.2 Approve a salary rate above the minimum

within a salary range on engagement, promotion or movement at level to Defence from another APS Agency.

paragraphs G3.1, G3.8 DECA



All Groups except DMO Executive Level 1(E) and above Lieutenant Colonel (E) and above


7.3 Determine an alternative salary to that mandated by G3.3 if the reassignment of duties was as a result of a formal merit selection process.

paragraph G3.4 DECA

DMO Executive Level 2 (E) and above Colonel (E) and above


All Groups except DMO Executive Level 1 (E) and above Lieutenant Colonel (E) and above


7.4 If an employee is reassigned the duties of a position that has the same classification level but a different pay range, determine salary other than that payable under paragraph G3.3.

paragraph G3.5 DECA






Director Conduct and Performance Manager Conduct and Performance Director Human Resources Operation to I&S

Group, Defence People Group Executive Level 2 within APS Workplace

Relations

1. The delegate may only exercise this power as part of the decision to apply a salary reduction for breach of the APS Code of Conduct.


1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. The delegate may only exercise this power as part of the decision to apply a salary reduction for breach of the APS Code of Conduct.

7.5 If the classification of an employee is reduced, determine a salary rate other than the maximum of the salary range for the lower classification.

paragraph G3.6 DECA

Intelligence & Security – ASD Director Australian Signals Directorate

1. The delegate may only make this decision in relation to employees and positions within Australian Signals Directorate. 2. The delegate may only exercise this power as part of the decision to apply a salary reduction for breach of the APS Code of Conduct.

7.6 On receipt of a written request from an employee, determine that the employee be paid a rate at a lower classification or salary range for a temporary period specified by the employee.

paragraph G3.7 DECA


1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. The delegate may only determine salary for the next lower classification range.



7.7 Approve or review Additional Responsibility Pay for an employee who temporarily performs the duties at a higher level for a period that is two weeks or more but less than 12 months.

paragraphs G4.1 and G4.9 DECA








7.8 Approve a period of Additional Responsibility Pay that is shorter than two weeks.

paragraph G4.1 DECA





7.9 Determine a higher rate of Additional Responsibility Pay, up to an amount that does not exceed the mid-point of the higher pay range.

paragraph G4.4



7.10 Determine that partial performance arrangements apply for Additional Responsibility Pay (ARP) where the tasks or requirements of the work required are two or more levels higher than the employee’s substantive classification and determine a rate of ARP that represents the relative worth of the work to be performed.

paragraph G4.6 DECA


1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. A delegate in DMO may only make decisions relating to employees at the EL2 classification and below. Decisions relating to higher levels must be referred to CEO DMO. 3. The delegate may only approve partial performance arrangements for periods of ARP greater than 2 weeks.

7.11 Determine level of Additional Responsibility Pay payable and any other conditions to be provided to employees performing duties or responsibilities at the Senior Executive Service level.

paragraph G4.7 DECA





7.12 Extend Additional Responsibility Pay beyond 12 months.

paragraph G4.12 DECA


1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. A delegate in DMO may only make decisions about employees at the EL2 classification and below. Decisions relating to higher levels must be referred to CEO DMO.

7.13 Approve a higher rate of Additional Responsibility Pay (ARP) where an employee’s ARP in the same position is extended beyond 12 months.



1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. A delegate in DMO may only make decisions about employees at the EL2 classification and below. Decisions relating to higher levels must be referred to CEO DMO. 3. The delegate may only exercise this power where, subject to paragraphs G4.11 and G4.12 of the DECA 2012-2014, an employee's ARP in the same position is extended beyond 12 months.




Group Heads 1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision 2. For subparagraph G5.3a, a Group Head (except CEO DMO) must consult the relevant committee, through APSWR, before determining additional salary that exceeds 10% of the top of the rate of the employee’s annual salary range. 3. For subparagraphs G5.3b, G5.3c, G5.3d, a Group Head (except CEO DMO) must consult the relevant committee, through APSWR, before determining additional salary that exceeds 5% of the top of the rate of the employee's annual salary range.

7.14 Determine that an employee who is demonstrated to be critical to Defence capability is to have access to one or more of the benefits listed in paragraph G5.3.

paragraph G5.3 DECA


1. The delegate may only make this decision in relation to employees and positions within Australian Signals Directorate. 2. For subparagraph G5.3a, a Group Head (except CEO DMO) must consult the relevant committee, through APSWR, before determining additional salary that exceeds 10% of the top of the rate of the employee’s annual salary range. 3. For subparagraphs G5.3b, G5.3c, G5.3d, a Group Head (except CEO DMO) must consult the relevant committee, through APSWR, before determining additional salary that exceeds 5% of the top of the rate of the employee's annual salary range. 4. Director Australian Signals Directorate may approve a Building Defence Capability Payment (BDCP) up to $15,260 per annum for any Intelligence Analyst with Australian Signals Directorate who meets the linguist requirements.




7.15 Determine additional benefits to be provided to an employee to encourage them not to separate from their employment at or near their minimum retirement age.

paragraph G5.6 DECA

Group Heads 1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision 2. For subparagraph G5.3a, a Group Head (except CEO DMO) must consult the relevant committee, through APSWR, before determining additional salary that exceeds 10% of the top of the rate of the employee’s annual salary range. 3. For subparagraphs G5.3b, G5.3c, G5.3d, a Group Head (except CEO DMO) must consult the relevant committee, through APSWR, before determining additional salary that exceeds 5% of the top of the rate of the employee’s annual salary range.

7.16 Determine a course of training for trainees. paragraph G6.1 DECA


7.17 Approve a higher rate of salary within the specified limits for an employee in a training classification.

paragraph G6.3 DECA


7.18 Allocate to an employee a higher classification level within the APS Level 1-6 Trainee Advancement Broadband.

paragraph G6.4 DECA

Group Heads 1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. The delegate must have regard to the limits specified in Table G6.4. 3. The delegates must consult with Director APS Workplace Relations prior to making decision.




7.19 Approve the advancement of an employee or a group of employees to a higher classification in the APS Level 1-6 Trainee Advancement Broadband prior to the employee being allocated an operational classification.

paragraph G6.6 DECA



Decision to reimburse costs incurred by an employee as a direct result of a compulsory relocation that has subsequently been cancelled by Defence 1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. The delegate must refer any decision about their own personal benefit to their supervisor for decision.

7.20 Approve reasonable reimbursement of expenses incurred by employees during the course of, or arising out of, their employment.

paragraph G8.1 DECA


Any other decision 1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. The delegate must refer any decision about their own personal benefit to their supervisor for decision. 3. The application for reimbursement of costs related to a cancelled compulsory relocation must be referred to a delegate at SES Band 1 /Brigadier (E) or above for decision.




7.21 Agree that an employee may use privately owned equipment for official purposes.

sub-paragraph G8.2(c) DECA



7.23 Agree that an employee may, while visiting or travelling at their own expense, have any costs associated with their attendance at a conference, seminar or other work related activity met by Defence.

sub-paragraph G8.2(f) DECA



7.24 Direct that a person has presumed to have died on a particular date.


Personnel Administration Centre – Melbourne employees at Executive Level 1 and above

7.25 Authorise payments and removal expenses to an employee’s partner, dependants or legal representative after an employee has died or is presumed to have died.


Personnel Administration Centre – Melbourne employees at APS level 6 and above

1. The delegate must refer to sections G16 and H6 of DECA for limits on payments.

Part H – Travel, Relocation and Locality Conditions 8.1 Approve a higher class of travel between

localities in Australia where satisfied that special circumstances exist.

paragraph H1.4 DECA

Supervisors at the following levels: Executive Level 1 (E) and above Lieutenant Colonel (E) and above


8.2 Approve relocation assistance for an employee relocating on engagement, promotion or reassignment.

paragraph H2.4 DECA



8.3 Approve additional relocation assistance beyond the limits set out in paragraph H2.5 of DECA.

paragraphs H2.5 DECA



8.4 Approve additional relocation assistance to facilitate the relocation of a group of employees.

paragraphs H2.6 DECA



8.5 Determine exceptional circumstances exist for an employee to receive relocation assistance for intra-city relocation.

paragraph H3.4 DECA






8.6 Decide that an employee who is temporarily relocated, changing positions, being promoted to or employed on work that by its nature involved relocation from time to time is entitled to relocation provisions.

paragraph H3.5 DECA



8.7 Approve the provision of housing to an APS employee.

paragraph H5.2 DECA


1. The decision to approve the provision of available Defence Housing Australia (DHA) stock is dependant on confirmation from Director Relocations and Housing that surplus stock is available.




8.8 Determine an employee’s contribution toward non Defence Housing Australia housing owned or leased by the Department of Defence.

paragraph H5.4 DECA



8.9 Approve a request for reimbursement of reasonable removal and transport expenses associated with an employee who retires, is retired, or dies shortly after accepting an inter-city relocation, and or their spouse/partner/dependants.

paragraph H6.1 DECA



8.10 Approve a person as a close relative of the employee or their partner.

paragraph H7.18 DECA



8.11 Approve a payment of the cost of transport or fares for travel from a remote locality for a reason described in paragraphs H7.19 to H7.23.







8.12 Approve payment or partial payment for the cost of transport or fares for travel from a remote locality for any other reason.




8.13 Approve an additional reunion fare for a child.



1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. The delegate must have regard to whether the child attends a school having four terms in a school year.

8.14 Approve reasonable additional education costs for children of an employee stationed at Woomera or Exmouth who undertake schooling.




8.15 Determine whether the patronage of the Defence-provided shuttle bus service at HMAS Stirling is adequate for the service to continue.


Deputy Secretary Defence Support Head Defence Support Operations

8.16 Approve relocation assistance where an employee relocates within Australia: (a) as a result of a decision to relocate their place of work to another locality, or (b) on term transfer.

paragraph H2.3 DECA






Part I – Operation of this Agreement ANNEX E – Allowances 9.1 Assign incidental first aid responsibilities to

an employee. paragraph 2, Annex E, DECA

Executive Level 1 (E) and above Lieutenant Colonel (E) and above Personnel and Business Services Managers or Officers Commanding of a discrete functional unit, at the following levels: APS 6 (E) and above Major (E) and above

1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. The delegate must be satisfied that:

a. a first aid risk assessment has been conducted in accordance with the requirements of SAFETYMAN; b. the assessment has determined the level of first aid service required; c. decisions to assign first aid responsibilities are consistent with the assessment; and d. the employee:

i. holds a current national recognised first aid qualifications certificate that corresponds with the level of first aid skills assessed as being required in the work area; ii. has been assigned incidental first aid responsibilities for the workplace; and iii. has provided evidence of vaccination against type B hepatitis.

9.2 Require an employee to use a foreign language or languages.

paragraph 4, Annex E, DECA



9.3 Approve a higher proportion of the applicable rate for each additional language in exceptional circumstances.



1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. The delegate must consider the extent to which the language is to be used for official business.




9.4 Specify additional languages, grades and rates.



9.5 Require an employee to maintain proficiency in a foreign language for use in the future or on an irregular basis.





9.6 Approve payment of both rates of Potentially Hazardous Materials Allowance where an employee is required to perform both functions set out in paragraphs 9 and 10 of Annex E.




9.7 Determine the payment of an office disabilities allowance.



1. The delegate must use the definitions in paragraph 37 of Annex E of DECA in determining office disabilities. 2. The delegate must have regard to whether the office disability can be prevented.

9.8 Approve an employee to use a privately-owned or hired car for official purposes.



1. The delegate may only make this decision in relation to employees and positions in the delegate’s line of supervision. 2. The delegate must consider whether the approval will result in greater efficiency or less cost to the Department of Defence, taking into account the cost of vehicle allowance that becomes payable to an employee who is authorised to travel by this means.

Defence Enterprise Collective Agreement Delegations 2014 ...€¦ · Schedule 2 Defence Enterprise...

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