OLD PARLIAMENT HOUSEENTERPRISE AGREEMENT

2011-2014

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Table of Contents

ContentsPART A- ABOUT THIS AGREEMENT....................................................................................3

TITLE....................................................................................................................................3PURPOSE............................................................................................................................3

PARTIES COVERED BY THIS AGREEMENT.....................................................................3DURATION...........................................................................................................................3

NO EXTRA CLAIMS.............................................................................................................3OPERATION OF AGREEMENT...........................................................................................3

DELEGATION......................................................................................................................4GIVING PRIMACY TO THE PARTIES TO THE AGREEMENT...........................................4

POLICIES AND GUIDELINES..............................................................................................4INDIVIDUAL FLEXIBILITY AGREEMENTS.........................................................................4

FORMAL ACCEPTANCE OF THIS AGREEMENT..............................................................5PART B - OUR WORKING ENVIRONMENT..........................................................................9

PRODUCTIVITY IMPROVEMENTS AND COMMITMENTS................................................9DISCRIMINATION FREE WORKPLACE.............................................................................9

CONSULTATION.................................................................................................................9FRAMEWORK FOR CONSULTATION..............................................................................11

EMPLOYEE REPRESENTATIVES....................................................................................11DISPUTE RESOLUTION....................................................................................................12

EMPLOYEE ASSISTANCE PROGRAM............................................................................13PART C – CAREER & EMPLOYEE DEVELOPMENT IN OPH............................................14

RECRUITMENT & SELECTION OF PEOPLE...................................................................14MOBILITY...........................................................................................................................14

INVESTING IN PEOPLE....................................................................................................14STUDY SUPPORT SCHEME.............................................................................................15

STUDY LEAVE...................................................................................................................15PERFORMANCE MANAGEMENT STRATEGY................................................................16

MANAGING UNSATISFACTORY PERFORMANCE.........................................................16SALARY INCREASES THROUGH PAY POINTS..............................................................19

SALARY INCREASES........................................................................................................19PAY PROGRESSION (Annual Common Date for Progression – 1 July)...........................19

POSITION CLASSIFICATION, POSITION TITLES AND SALARY RATES......................20OPH WORK LEVEL STANDARDS....................................................................................20

PART D – REMUNERATION................................................................................................21PAYMENT OF SALARY.....................................................................................................21

RATE OF SALARY.............................................................................................................21SALARY ON ENGAGEMENT OR PROMOTION...............................................................21

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SALARY MAINTENANCE..................................................................................................21SALARY ON REDUCTION.................................................................................................22

PAYMENT ON DEATH.......................................................................................................22SALARY PACKAGING.......................................................................................................22

EMPLOYER SUPERANNUATION CONTRIBUTIONS......................................................22PART E – ALLOWANCES....................................................................................................23

HIGHER DUTIES ALLOWANCE........................................................................................23TEMPORARY REASSIGNMENT OF DUTIES AT A LOWER LEVEL...............................24

OVERTIME DUTY..............................................................................................................24MEAL ALLOWANCE..........................................................................................................26

RESTRICTION ALLOWANCE............................................................................................26CADET ALLOWANCE........................................................................................................26

FIRST AID/HEALTH AND SAFETY REPRESENTATIVE/FIRE WARDEN/HARASSMENT CONTACT OFFICER ALLOWANCE..................................................................................27

MOTOR VEHICLE ALLOWANCE......................................................................................27TRAVEL ALLOWANCES (TA)............................................................................................27

REVIEW TRAVEL ALLOWANCE.......................................................................................29RELOCATION ALLOWANCES..........................................................................................29

OVERSEAS TRAVEL SUPPORT......................................................................................29PART F – MANAGING WORK..............................................................................................30

HOURS OF DUTY..............................................................................................................30CHRISTMAS CLOSEDOWN..............................................................................................30

FLEXTIME..........................................................................................................................31TRAVELLING TIME............................................................................................................33

REVERSION TO ORDINARY HOURS..............................................................................33WORKING AWAY FROM THE OFFICE............................................................................34

WORKING ARRANGEMENTS FOR EXECUTIVE LEVEL EMPLOYEES (& EQUIVALENTS).................................................................................................................34

PART-TIME WORK............................................................................................................35FLEXIBLE WORK ARRANGEMENTS FOR PARENTS.....................................................36

PART G – ROSTERED EMPLOYEES & CASUAL EMPLOYEES.......................................38APPLICATION....................................................................................................................38

ROSTERED HOURS..........................................................................................................38COMMUTED PENALTY PAYMENTS................................................................................39

PART H - LEAVE PROVISIONS...........................................................................................42ANNUAL LEAVE................................................................................................................42

PURCHASED LEAVE (Employee Funded Leave).............................................................43CASH OUT OF LEAVE......................................................................................................43

CHRISTMAS CLOSEDOWN..............................................................................................43PUBLIC HOLIDAYS...........................................................................................................44

PERSONAL LEAVE...........................................................................................................44UNPAID CARER’S LEAVE.................................................................................................45

PORTABILITY OF ACCRUED ANNUAL LEAVE & PERSONAL LEAVE..........................46

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COMPASSIONATE LEAVE................................................................................................47COMPENSATION LEAVE..................................................................................................47

MISCELLANEOUS LEAVE (with & without pay)................................................................47LONG SERVICE LEAVE....................................................................................................49

PARENTAL LEAVE............................................................................................................49MATERNITY LEAVE..........................................................................................................49

RETURN TO WORK AFTER PARENTAL OR MATERNITY LEAVE.................................49SUPPORTING PARTNER’S LEAVE..................................................................................50

ADOPTION LEAVE............................................................................................................50FOSTER PARENT’S LEAVE..............................................................................................50

COMMUNITY SERVICE LEAVE........................................................................................51PART I – SUPPORTIVE WORK ENVIRONMENT................................................................53

HOME BASED WORK.......................................................................................................53EYESIGHT TESTING/SPECTACLE REIMBURSEMENT..................................................53

EXTRA CARE DEPENDANT COSTS................................................................................53LOSS, DAMAGE & INDEMNITY........................................................................................53

OCCUPATIONAL HEALTH & SAFETY..............................................................................53PART J – WORKFORCE MANAGEMENT...........................................................................55

PROBATION......................................................................................................................55PUBLIC AFFAIRS OFFICERS...........................................................................................55

SPECIAL TRAINEE PROGRAMS......................................................................................55OPH GRADUATES............................................................................................................55

OPH CADETS....................................................................................................................56PART K – MANAGEMENT OF EXCESS EMPLOYEES.......................................................57

REDEPLOYMENT..............................................................................................................57REDUNDANCY..................................................................................................................57

RETENTION PERIODS......................................................................................................60INVOLUNTARY TERMINATION OF EMPLOYMENT........................................................61

TERMINATION OF NON-ONGOING EMPLOYMENT.......................................................62PART L - SUPPORTED WAGE SYSTEM.............................................................................63

DEFINITIONS.....................................................................................................................63ELIGIBILITY CRITERIA......................................................................................................63

ASSESSMENT OF CAPACITY..........................................................................................64LODGEMENT OF ASSESSMENT INSTRUMENT.............................................................64

OTHER TERMS AND CONDITIONS OF EMPLOYMENT.................................................64WORKPLACE ADJUSTMENT...........................................................................................64

TRIAL PERIOD...................................................................................................................65SCHEDULE 1 – CLASSIFICATION STRUCTURE AND PAY RATES..............................66

SCHEDULE 2 – ALLOWANCES........................................................................................67SCHEDULE 3 – TRAINEE (APS ADMINISTRATIVE) PAY RATES..................................67

SCHEDULE 4 – PRINCIPLES FOR WORKPLACE DELEGATES....................................68

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PART A- ABOUT THIS AGREEMENTTITLE

A1 This Agreement shall be known as the Old Parliament House Enterprise Agreement 2011-2014.

PURPOSE

A2 This Agreement states the terms and conditions of employment of the employees covered by this Agreement other than terms and conditions applying under a Commonwealth law.

PARTIES COVERED BY THIS AGREEMENT

A3 This Agreement is made as an Enterprise Agreement under Part 2-4 of the Fair Work Act 2009 and covers:

a. the Director of Old Parliament House (OPH);

b. all employees employed under the Public Service Act 1999 in Old Parliament House, other than Senior Executive Service officers;

c. the Community and Public Sector Union if Fair Work Australia (FWA), in accordance with subsection 201(2) of the Fair Work Act 2009, notes in its decision to approve this agreement that it covers that union

DURATION

A4 This agreement shall commence seven days after this Agreement is approved by Fair Work Australia. The nominal expiry date is 30 June 2014.

NO EXTRA CLAIMS

A5 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.

OPERATION OF AGREEMENT

A6 It is acknowledged that employment is subject to, but not limited to, the provisions of the following Acts (and regulations or instruments made under the Acts):

• Fair Work Act 2009 Fair Work (Transitional Provisions and Consequential Amendments) Act

2009• Long Service Leave (Commonwealth Employees) Act 1976• Maternity Leave (Commonwealth Employees) Act 1973• Superannuation Act 1976• Superannuation Act 1990• Superannuation Act 2005• Superannuation (Consequential Amendments) Act 2005• Superannuation Benefits (Supervisory Mechanisms) Act 1990• Superannuation (Productivity Benefit) Act 1988• Safety Rehabilitation and Compensation Act 1988• Occupational Health and Safety (Commonwealth Employment) Act 1991• Occupational Health and Safety Act 2004 Paid Parental Leave Act 2010

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• Public Employment (Consequential and Transitional) Amendment Act 1999• Public Service Act 1999• Financial Management and Accountability Act 1997 • Age Discrimination Act 2004• Archives Act 1983• Freedom of information Act 1982• Human Rights and Equal Opportunity Commission Act 1986• Privacy Act 1988

DELEGATION

A7 The Director may, by instrument in writing, delegate or authorise to a person, any of the Director’s powers or functions under this Agreement, except for this power of delegation.

A8 A power exercisable by any employee of OPH under this agreement may be exercised by the Director.

GIVING PRIMACY TO THE PARTIES TO THE AGREEMENT

A9 If the operation of the agreement is affected by external factors or a clause is removed or otherwise negated, other than through ambiguity or uncertainty, the parties to the agreement agree to meet and confer to determine what action, if any, will be taken.

POLICIES AND GUIDELINES

A10 The operation of this agreement is supported by OPH policies, procedures and guidelines. If there is any inconsistency between the policies, procedures and guidelines and the terms of this agreement, the express terms of this agreement will prevail.

A11 Policies, procedures and guidelines which support the operation of this agreement may be made or varied from time to time by the Agency Head (delegate) following consultation through consultative committees. Any dispute arising through the application of policies, procedures or guidelines may be dealt with through the dispute resolution process in this agreement.

A12 Policies, procedures and guidelines that alter employee conditions or entitlements detrimentally will only be made or varied by agreement of the parties to the agreement following consultation.

INDIVIDUAL FLEXIBILITY AGREEMENTS

A13 An  Agency Head   and  employee  covered  by  this  agreement  may agree  to make an  individual  flexibility  arrangement  to  vary  the  effect  of  terms of  the agreement if:a. the  arrangement deals  with  one  or  more  of  the  following  matters:

(i) arrangements  about  when  work  is  performed (ii) overtime  rates (iii) penalty  rates(iv) allowances  (v) remuneration and/or (vi) leave

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.

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A14 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 result  in  the  employee  being  better  off  overall  than  the  employee  would  be if  no  arrangement  was  made.

A15 The Agency Head must ensure that the individual flexibility arrangement:a. is  in  writing b. includes  the  name  of  the  Agency Head   and  employee 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  employeed. includes  details  of:  (i) the  terms  of  the  enterprise  agreement  that  will  be  varied  by  the

arrangement(ii) how  the  arrangement  will  vary  the  effect  of  the  terms (iii) how  the  employee will  be  better  off  overall  in  relation  to  the  terms

conditions of  his or her employment as a result of  the  arrangemente. states the  day  on  which  the  arrangement  commences and, where applicable,

when the arrangement ceases

A16   The  Agency Head must  give  the  employee  a  copy  of  the  individual  flexibility  arrangement  within  14  days  after  it  is  agreed  to.

A17 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. 

A18 OPH will treat Flexibility Agreements as personal information subject to relevant privacy provisions.

FORMAL ACCEPTANCE OF THIS AGREEMENT

A19 This agreement is made and approved under section 172 of the Fair Work Act 2009.

............................................................ ...................................................Ms Jenny Anderson, Director, Old Parliament House Date

............................................................ ...................................................Community and Public Sector Union Date

............................................................. ...................................................Mr Chris Grebert, Employee Representative Date

............................................................. ...................................................Mr Bill Haskett, Employee Representative Date

............................................................. ...................................................Ms Luise Steele, Employee Representative Date

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DEFINITIONS

A20 In this agreement, unless the context indicates otherwise:

APS means Australian Public Service

Agency Head means the Director of OPH

Assessment instrument means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System

Casual Employee means an employee engaged under section 22 of the Public Service Act 1999 to undertake duties that are of an intermittent or irregular basis with no guarantee of hours per fortnight

CPSU means Community and Public Sector Union

Continuous Service has the same meaning as in the Long Service Leave (Commonwealth Employees) Act 1976

Delegate means a person who may exercise a power or function formally delegated to them by the Director

Director means the Director of OPH

Employee means a person employed under the Public Service Act 1999 in OPH, whether they are employed on a full-time, part-time, ongoing, non-ongoing or casual and intermittent basis

Employee representative means an employee representing the views of employees in a workplace, elected or chosen by employees in a workplace, to represent their views to management

Employer means Commonwealth or Agency of the Commonwealth

Executive means Director and Deputy Directors

Fair Work Australia means the government agency having responsibility for industrial relations and workplace laws.

Immediate Family for the purposes of personal leave, ‘immediate family’ means a person who is: a spouse (including a former spouse) a recognised traditional kinship a de facto partner (including same sex partner) in the following relationships either with the

employee or the employee’s spouse or de facto partner:

o (i) child, including adopted, fostered or step o (ii) parent o (iii) grandparent o (iv) grandchild or sibling of the employee

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HDA means allowance paid while an employee is on temporary reassignment to duties at a higher classification level

Higher education means a level of education that is provided by universities, vocational universities, community colleges, arts colleges, institutes of technology and other collegiate level institutions, such as vocational schools, trade schools and career colleges, that award academic degrees or professional certifications

Household means the usual occupants of the dwelling in which the employee normally resides

Industrial proceedings means proceedings under the Fair Work Act 2009

Manager means an employee who is accountable for, and has responsibility for, achieving outcomes from a work group and/or the application of resources

Medical practitioner means a person registered, or licensed, as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners

Non-ongoing employee means an employee engaged under the Public Service Act 1999 by OPH as a non-ongoing employee

Ongoing employee means an employee engaged under the Public Service Act 1999 by OPH as an ongoing employee

OPH means Old Parliament House

Ordinary hours means, for an employee, hours worked during the specified or agreed bandwidth or, for rostered employees, in accordance with a roster established under Part G of this agreement, ie not including overtime or additional hours

Parties unless otherwise specified in this agreement, means the parties covered by this agreement

Part-time employee means an employee whose ordinary hours of work are less than 150 hours over a four week period (the settlement period)

PS Act means the Public Service Act 1999

Rostered ongoing employee means a permanent ongoing employee working on a roster of fixed daily hours per fortnight under Part G of this agreement

Rostered non-ongoingemployee means a non-ongoing employee working on roster of

fixed daily hours per fortnight under Part G of this agreement

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Salary means an employee’s rate of pay (in accordance with the pay rates at Schedules 1 and 2). This will be salary for all purposes, including superannuation (subject to relevant superannuation scheme rules), overtime, and severance and termination payments. Participation in salary-sacrifice arrangements or purchased leave options will not affect salary for these purposes

Service has the same meaning as in the Long Service Leave (Commonwealth Employees) Act 1976

Spouse includes the husband or wife of the employee or the de facto spouse (meaning a person who lives with the employee as a couple on a genuine domestic basis, whether they are the same or different sexes; and includes a former de facto partner of the employee) of the employee, or the partner (meaning in relation to a person who is a member of a couple, the other member of the couple) of the employee

Staff has the same meaning as employee

Supervisor means an employee who has immediate responsibility for the day-to-day supervision of another employee or work group, including accounting for working hours

Supported Wage System means the Commonwealth Government system that promotes employment for people who cannot work at full wages because of a disability

TOIL means Time Off In Lieu (TOIL)

Union/Union Representative means an official, officer or workplace delegate of a registered organisation who is entitled to represent the views of employees

Work Level Standards means documented standards used to differentiate between different job classification levels according to the duties undertaken

WCC means the Workplace Consultative Committee established to consult on workplace matters

Work value means the value attached to work tasks according to factors such as required skill, conditions under which work is undertaken, level and breadth of responsibility, influence on outcomes and/or the relative scarcity of available persons with the required attributes

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PART B - OUR WORKING ENVIRONMENT

CODE OF CONDUCT AND APS VALUES

B1 OPH is committed to delivering high quality professional public service. In implementing this agreement OPH will act ethically and lawfully as an employer. In implementing this agreement and in undertaking his or her duties, an employee will comply with Australian Public Service Values and Codes of Conduct and will not behave in a manner contrary to the interests of OPH.

PRODUCTIVITY IMPROVEMENTS AND COMMITMENTS

B2 In recognition of our Strategic Plan, the parties commit to further improving productivity towards achieving the corporate outcomes to fund this agreement. This includes:

• further developing environmental/sustainability strategies to reduce energy usage and waste over the life of this agreement. These measures will be implemented and fully supported by all staff;

• implementing a Project Management framework and guidelines within the first 12 months of this agreement and all staff will agree to support and follow the requirements of this framework;

• developing a set of principles to streamline meeting practices, which are agreed to by all staff through the WCC over the first 12 months of the agreement.

DISCRIMINATION FREE WORKPLACE

B3 OPH and its employees are committed to:

• achieving the objective of section 10 and 13 of the Public Service Act 1999, which is to respect and value the diversity of the workforce by helping to prevent and eliminate discrimination at their workplace on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction, and social origin. Any dispute concerning these provisions and their operation will be dealt with under the Dispute Resolution Procedures at clauses B28-34 in this agreement;

• achieving the objectives of section 3(e) of the Fair Work Act 2009, which include that employers and employees are free to join or not join industrial associations, and will not be discriminated against or victimised because they are, or are not, members or officers of industrial associations. In the event of a dispute, the Dispute Resolution Procedures are at clauses B21-B28 of this agreement.

B4 Nothing in these provisions allows any treatment that would otherwise be prohibited by anti-discrimination provisions in applicable Commonwealth, State or Territory legislation.

CONSULTATION

B5 Consultation means providing employees and their representatives with relevant information and a genuine opportunity to influence the decision maker and contribute to the decision making process, not only in appearance but in fact, before a decision is made. For the purposes of this agreement, consultation also includes:

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a. opportunities to participate in corporate and business planning processes, business unit and team meetings and individual performance and planning discussions

b. timely provision of relevant information to employeesc. appropriate opportunities for employees’ views to be heard and considered

before decisions are maded. where appropriate, the opportunity for employees to discuss their views with the

relevant manager

B6 OPH acknowledges the right of employees to be consulted about decisions or matters that affect them in the workplace. In making decisions that affect employees, the employer commits to engaging in consultation with employees and their representatives.

B7 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.

B8 Where a definite decision is made to introduce major changes in program, 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.

B9 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 employeesf. the need to relocate employees to another workplace g. the major  restructuring of jobs

Agency Head to discuss major changes

B10 The Agency Head must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause B9, 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.

B11 The discussions must commence as early as practicable after a definite decision has been made to make the changes referred to in clause B9.

B12 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.

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FRAMEWORK FOR CONSULTATION

B13 The following framework is established to emphasise that communication and consultation about issues that affect staff in the workplace should primarily occur at the work group level:

a. consultation about workplace matters will take place within the relevant section. Deputy Directors and Section Managers will provide opportunities for continuing consultation and discussion and for staff to comment and make suggestions

b. the WCC will discuss workplace matters with broad impact for staff across OPHc. the Executive will discuss broad strategic issues for OPHd. Staff involved as representatives on the WCC will have access to appropriate

facilities and time to fulfil their responsibilities

EMPLOYEE REPRESENTATIVES

B14 In any matter arising under this agreement, an employee or group of employees, may have an employee representative, which may be a union representative, assist or represent them, and all relevant persons will deal with any such representative in good faith. To avoid doubt, this assistance includes acting as an advocate.

B15a. employees who perform a role as an employee representative will be provided

with appropriate facilities, access to training, resources and paid time to perform their function in accordance with the Principles for Workplace Delegates at Schedule 4. The Agency Head agrees that the representative will not suffer any employment related detriment as a result of performing the representative function

b. OPH will facilitate the inclusion of union membership information in the new starter induction process

c. OPH will provide the facility for an employee to have their union membership fees deducted from their pay upon the request of the employee

Workplace Consultative Committee

B16 The role of the WCC is to consider and advise employees and the Executive on workplace issues referred by employees, employee representatives or the Executive.

B17 Matters which may be referred to the WCC include major workplace changes that are likely to have a significant effect on the employees. In addition, the WCC may, to the extent that a matter may have broad impact on OPH employees, consider matters which affect particular employees, at their request, or groups of employees. Disagreements or disputes over an individual employee’s entitlements or matters affecting only a particular work group are to be managed under the Consultation and/or Dispute Resolution provisions of this agreement.

B18 Matters which can be considered by the WCC include, but are not limited to:

a. implementation of this agreement, including those matters identified within the agreement for WCC consideration

b. issues or disputes arising from the general operation or interpretation of this agreement

c. development, operation and variation of OPH policies and guidelines that impact on the terms and conditions of employment in OPH

d. accommodation and amenitiese. impact on employees of government policies and programs, including workplace

relationsf. implementation of sustainable environment initiatives

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B19 Matters may be referred to the WCC through any WCC member. Where there is a disagreement over whether the WCC should consider the matter referred, the disagreement will be subject to the Dispute Resolution Procedures at clauses B21-28 in this agreement.

B20 The WCC will comprise two management representatives and three employee representatives.

DISPUTE RESOLUTION

Resolution of Agreement disputes

B21 If a dispute relates to:

a. a matter arising under the agreement or b. the National Employment Standards

The parties to the dispute must first attempt to resolve the dispute at the workplace level, by discussions between the employee or employees concerned and the relevant supervisors and/or management.

B22 If a resolution to the dispute has not been achieved after discussions have been held in accordance with clause B28, 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.

B23 If discussions at the workplace level do not resolve the dispute, and all appropriate steps have been taken in accordance with clauses B21, a party to the dispute may refer the matter to Fair Work Australia.

B24 Fair Work Australia may deal with the dispute in two stages:

a. Fair Work Australia will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and

b. where 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 Where Fair Work Australia arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act 2009. 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 Act. Therefore, an appeal may be made against the decision.

B25 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.

B26 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.

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B27 While the parties are trying to resolve the dispute using the procedures in this term:

a. an employee must continue to perform his or her work as he or she would normally in accordance with established custom and practice at OPH, 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.

B28 The parties to the dispute agree to be bound by a decision made by Fair Work Australia in accordance with this term.

EMPLOYEE ASSISTANCE PROGRAM

B29 OPH will continue to provide access to an Employee Assistance Program. This is a confidential, professional counselling service that is available to employees and their families to help resolve both personal and work-related problems.

B30 Access to this provider will be on the following basis: for the first three attendances in any calendar year there will be no cost for this service and the period attended will be considered duty when during normal working hours.

B31 The Manager Human Resources and Governance will have the discretion to authorise payment for additional counselling sessions for any attendances over and above these three visits.

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PART C – CAREER & EMPLOYEE DEVELOPMENT IN OPH

RECRUITMENT & SELECTION OF PEOPLE

C1 OPH is committed to the application of the merit principles, and best practice in its approach to recruitment, promotion, movement and progression. In establishing best practice, OPH will have regard to benchmarks in the public and private sectors. Consideration will be given to OPH excess and potentially excess employees in accordance with clause K2. Recruitment and Selection is in accordance with the legislative framework applying to the APS, including the Public Service Act 1999 and the OPH Recruitment and Selection guidelines, as varied from time to time.

C2 OPH is committed to promoting workplace diversity and being sensitive to the needs of Indigenous peoples. OPH will encourage recruitment of Indigenous employees and the development of culturally appropriate operational practice, including Cultural Awareness Training.

MOBILITY

C3 Mobility provides the flexibility to place the right people in the right jobs, and provides employees with a range of career and development opportunities. Mobility should not be used by managers as a vehicle to avoid having to address performance issues or code of conduct matters.

C4 Flexible mobility arrangements are an important ingredient in promoting the development of a skilled and flexible workforce and the successful use of project teams and taskforces within OPH. Such arrangements also recognise that employees are employed to undertake work directed at achieving OPH’s corporate objectives and priorities, rather than being engaged just to perform a particular function or activity.

Ongoing Movement

C5 Section managers are required to release an employee who has been selected as part of a formal selection process for an ongoing move at level from within the agency. The reassignment of duties would normally take place within a four week period, with the employee’s losing and gaining Deputy Directors agreeing on a starting date.

Temporary Reassignment

C6 Where an employee has been selected for temporary reassignment of duties within the agency for a period of six months or more, as part of a formal selection process, the reassignment of duties will normally take place within a four week period, but the reassignment of duties is also subject to the over-riding operational requirements of the agency. The employee’s losing and gaining section manager will agree on a starting date.

INVESTING IN PEOPLE

C7 OPH remains committed to developing a high-quality workforce and to maintaining and continuing to improve its approach to learning and development for OPH employees to enhance employees’ employability.

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C8 OPH will provide learning and development opportunities that:

• align with business plans and outcomes• have a direct link to individual performance agreements• assist employees’ ongoing career development

C9 To assist existing staff to remain current with APS wide and OPH changes, re-orientation information will be made available to staff, as circumstances require. This information will be presented by way of written advice, information sessions and/or seminars as required.

STUDY SUPPORT SCHEME

C10 OPH encourages its employees to undertake formal study in fields which link to the achievement of its corporate and APS goals. The OPH Study Support Scheme encourages employees to undertake formal courses of study at tertiary and higher education institutions and other vocational education courses by providing access to study leave during normal hours of duty.

Eligibility

C11 Ongoing employees, and non-ongoing employees engaged for a specified term or specified tasks contracted for periods of 12 months or longer, are eligible to apply for study leave (with or without pay) and financial assistance under the OPH Study Support Scheme. Non-ongoing employees engaged for a specified term or specified tasks contracted for periods of less than 12 months may apply for limited study leave under the OPH Study Support Scheme.

Financial Assistance

C12 The Director (delegate) may approve the costs of a training course of study in a tertiary institution where the course is approved as part of the employee’s job related key responsibilities in their Performance Agreement, where it meets the requirements of the business and use of the training program is cost effective. The Director (delegate) may approve time off to travel to and from the tertiary institution.

C13 The Director may approve financial assistance to employees undertaking approved studies under the OPH Study Support Scheme. Financial assistance is made in the form of a reimbursement payable upon successful completion of an approved unit/course. The amounts are:

• University student: $1250 per semester – total $2500 per academic year• Higher education student: $625 per semester – total $1250 per academic year

The reimbursement is not payable to employees on Leave Without Pay for study purposes.

STUDY LEAVE

C14 Study leave is not automatic, and is always subject to the operational requirements of the Section/Branch where staff work. OPH considers it is a requirement for an employee to discuss and agree with their manager, at the beginning of each semester, course outlines and leave requirements.

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C15 Staff undertaking:

• external studies/distance education; and• study activities related to the preparation and presentation of a thesis;

may apply for:• leave with full pay to travel to and from and attend residential courses or

seminars, or any other compulsory study activities required for successful completion of the course of study; and

• up to 42 hours leave with full pay each semester for study activities.

C16 Staff undertaking studies on the campus of a tertiary institution (i.e. not those covered in clause C10 of this agreement) may apply for up to 75 hours of leave with pay per semester, subject to discussion with the manager, to travel to and attend study activities approved under the OPH Study Support Scheme.

C17 Study leave without pay may be granted by the Director (delegate) for a maximum period of 12 months to allow employees to undertake full-time study. Periods of study leave without pay for periods longer than 12 months will be considered in exceptional circumstances. Study Leave without pay does not count as service for any purpose except as provided for under the Long Service Leave (Commonwealth Employees) Act 1976, the Superannuation Act 1976, the Superannuation Act 1990 and the Superannuation Act 2005.

PERFORMANCE MANAGEMENT STRATEGY

C18 All OPH employees covered by this agreement are required to participate in the Performance and Development Scheme (PDS) and meet their obligations as detailed in the Scheme’s Guidelines. The only exception is non-ongoing staff who have been contracted for less than three months and casual employees.

Features of the PDS:

• The primary obligation of all employees under the PDS is to have a new annual Performance Agreement with their manager in place by July 31 each year or within one month of commencing in a different position

• The PDS aims to provide each employee with regular opportunities to discuss with their supervisor performance expectations and the extent to which expectations have been met

• Implementation of Personal Development Plans which allow a structured approach to determining the training and development required to ensure organisational performance requirements

• OPH develops and implements a corporate training plan on the basis of Strategic Plans, corporate priorities and Personal Development Plans based on the current and future requirements of their job. All employees have a responsibility for identifying with their manager, development requirements for their current job

C19 The PDS is intended to provide structured support for, rather than to replace, the day-to-day provision of guidance, recognition and exchange of feedback in the workplace.

C20 Deputy Directors may require a copy of the Performance Agreement of an individual staff member in their Branch for management purposes.

MANAGING UNSATISFACTORY PERFORMANCE

C21 In recognition that unsatisfactory performance of duties sometimes occurs, the following procedures will ensure fair, timely and appropriate management of individual underperformance cases.

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C22 Where individual cases of unsatisfactory performance are identified the emphasis of any management intervention will be to assist and guide the employee to improve their performance to a satisfactory level that will enable their skills, knowledge and experience to be retained, and their renewed and continuing effective and positive contribution to objectives and outcomes.

C23 These unsatisfactory performance provisions do not apply:

• during a period of probationary employment• in cases of suspected breaches of the APS Code of Conduct• where there is a health related reason for the underperformance• where an essential qualification has been lost

C24 The PDS requires a ‘meets expectations’ level of performance for salary advancement purposes. Where an employee has been identified as underperforming any salary advancement opportunity will be suspended until the underperformance issue is satisfactorily resolved by attaining the level of ‘meets expectations’ or higher.

C25 Managers who identify underperformance issues will undertake immediate and reasonable informal measures to address the issues with the employee before proceeding to formal underperformance management procedures.

C26 An employee may be accompanied by a person of their choice during any part of the informal and formal proceedings, to support and assist them.

C27 The manager will discuss the underperformance issues with the employee and clearly explain where performance is not satisfactory. The manager and employee must promptly and jointly develop and implement strategies to address the underperformance. These strategies should be given a reasonable period (four to eight weeks) to take effect before any formal underperformance procedures are implemented.

C28 Written records of discussions with the employee regarding work performance will be maintained by the manager and a copy will be provided to the employee and Human Resources.

C29 Where these strategies do not result in an acceptable level of improved performance the manager will notify the Manager Human Resources and Governance of their intention to implement formal underperformance procedures, and request the Director (delegate) to issue the employee with a formal warning.

C30 Where the Director (delegate) agrees, the formal warning to the employee will set out:

• details of the required standards for the duties the employee has been assigned and how the employee has failed to meet those standards

• details of how the employee’s performance will be assessed• the possible consequences if the employee has not attained and sustained the

required standards by the end of the assessment period

C31 The Director (delegate) will appoint a suitable person (the assessor), to conduct a fair and impartial assessment of the employees’ work performance over an agreed period of time (this should normally be not less than six weeks and not longer than 12 weeks).

C32 The assessor will meet with the employee and their manager to set performance objectives and standards for the assessment period and detail how the employee’s performance will be assessed.

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C33 The assessor will provide the employee, manager and Director (delegate) with regular feedback regarding the employee’s performance during the assessment period.

C34 Where the employee is on personal leave in accordance with this agreement, the assessment period will be deferred during the period of leave, and recommence on the employee’s return to work.

C35 At the end of the assessment period, if the employee’s work performance is assessed as meeting the required standard, the assessor will report this finding to the Director (delegate). If the Director (delegate) agrees with the finding, the employee will be advised and no further action will be taken.

C36 If the employee is assessed as not having met the required standard, the assessor will report this finding to the Director (delegate). The Director (delegate) will advise the employee of the finding and of the action he/she proposes to take, which may include one or more of the following:

• termination of employment• reduction in classification (ongoing employees only)• reassignment of duties (ongoing employees only)• other appropriate action

C37 The employee will be given seven working days from the receipt of the advice to respond to the findings and the action proposed.

C38 At the end of the seven working days the Director (delegate), having considered any matters raised by the employee, may issue a notice of termination of employment or effect the reassignment of duties at or below current classification or reduction in classification of the employee.

C39 A notice of termination of employment will be in accordance with section 29 of the Public Service Act 1999, and also in accordance with the Fair Work Act 2009.

C40 If an employee is reduced in classification without their consent, they may seek a review of the action in accordance with Section 33 of the Public Service Act 1999.

C41 Where, within a 26 week period following an employee’s successful completion of an assessment period, the employee is again identified as failing to meet required performance standards, there will not be a strict requirement to use this formal process. Decisions about process in these circumstances will be made in line with the principles of natural justice, the Fair Work Act 2009 and legal and administrative precedent.

C42 Reassignment of duties at the employee’s classification level takes effect seven days after the date approved by the Director (delegate).

C43 A notice of reduction takes effect 28 days after the date the reduction is approved by the Director (delegate), unless the employee makes an application to the Merit Protection Commissioner (MPC). Where an employee has applied for independent external review, the reduction takes effect on the day the MPC recommends to the Director that the reduction decision should be confirmed or the application for further review is withdrawn, or 28 days after the notice is issued, whichever is the later. In the event of a MPC review, the employee will remain at their ongoing classification level on full pay until the external review is finalised.

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C44 A termination takes effect:

• after four weeks• after five weeks for an employee over 45 years of age with at least five years

continuous service

C45 OPH will provide managers with support and resources (including training where appropriate) to effectively implement the under performance measures.

SALARY INCREASES THROUGH PAY POINTS

C46 Salary advancement through classification pay points within each level is based on a six month qualifying period and the rating of ‘meets expectations’ or higher being received by the employee.

SALARY INCREASES

Remuneration Outcome

C47 In recognition of the active involvement of employees in helping to secure strategic and business objectives and the agreed productivity and operational flexibility measures in this agreement, the following salary increases will apply:

a. 3.5% salary increase from the first full pay period following the commencement of the agreement

b. 2.75% salary increase from the first full pay period commencing on or after 1 July 2012

c. 2.75% salary increase from the first full pay period commencing on or after 1 July 2013

C48 The percentage pay increases at clause C47 (b and c), for July 2012 and July 2013 will be subject to the following:

• 90% of eligible OPH employees participating in the PDS with performance agreements in place for the previous financial year and having been assessed against their agreement in accordance with the PDS Guidelines

• 90% of OPH staff completing mandatory corporate learning components, components, which may vary from year to year

• 90% of OPH staff using automated systems, including Employee Self Service (ESS) where available, for personnel transactions and maintaining personal information

• 90% of staff maintaining their OPH personal records, including recording of attendance times, performance agreements and staff development activities

C49 The calculation will exclude cases of non completion for reasons not within the control of an individual staff member as determined by the Director.

PAY PROGRESSION (Annual Common Date for Progression – 1 July)

Eligibility

C50 Annual pay progression applies only to the following employees:

• ongoing employees (at their substantive level)• non-ongoing (excluding casual employees) employees who have an initial

contract greater than 12 months in duration

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C51 The basis for pay progression (salary advancement) through ongoing pay points in classification structure is that the employee ‘meets expectations’ or higher under the PDS based on assessment of the employee’s performance in accordance with:

a. the work level standards for their classificationb. the terms of their individual Performance Agreementc. other applicable employment instruments under the Public Service Act 1999

Annual Review

C52 Employees who are eligible for annual progression will have an annual review of their performance through the PDS, timed to coincide with advancement on 1 July each year provided the employee has been on the current ongoing pay point, for at least six months prior to 1 July.

C53 Where an employee’s performance is assessed as ‘meets expectations’ or higher under the PDS through their annual performance review, they will progress to the next pay point in the classification structure.

C54 Where an employee’s performance is assessed as not meeting expectations under the PDS through their annual performance review, they will not be eligible to progress to the next pay point in the classification structure until the next annual performance assessment and clauses C21-45 (underperformance) will apply.

C55 Notwithstanding clauses C48-50, the Director (delegate) may progress an employee’s salary to a higher pay point within the same APS classification, at anytime, subject to the employee’s performance being assessed as ‘meets expectations’ or higher, where the agency has a suitable business need.

Effect of Paid Leave, LWOP or working in another Agency

C56 Eligibility for pay progression is not affected by paid leave, or work in another Commonwealth agency, where the employee’s supervisor provides an assessment under their own performance management scheme. Employees who take leave without pay must have worked in OPH for at least six months of the 12 months prior to 1 July, to be eligible for pay progression.

POSITION CLASSIFICATION, POSITION TITLES AND SALARY RATES

C57 Positions will be classified under the APS nine-level classification structure and remunerated as per Schedule 1 as appropriate.

OPH WORK LEVEL STANDARDS

C58 OPH will maintain Work Level Standards (WLS), in conjunction with the WCC, to determine the appropriate classification for new positions and in any review of work value for existing positions. Any disputes about the changes to the WLS will be subject to the Dispute Resolution procedures at clause B21-B28.

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PART D – REMUNERATION

PAYMENT OF SALARY

D1. Employees will be paid fortnightly and the fortnightly rate of pay will be calculated using the following formula: Fortnightly pay = Annual Salary x 12

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D2. Employees will have their fortnightly salary paid by electronic funds transfer into a financial institution account of their choice.

RATE OF SALARY

D3. Annual salary rates are set out in Schedule 1 of this agreement.

SALARY ON ENGAGEMENT OR PROMOTION

D4. On appointment, promotion or movement from another agency, salary will generally be payable at the minimum point of the salary scale applicable to the work value level of the job. The Director (delegate) may authorise payment of a salary above the minimum point in the salary range in the following circumstances:

a. where the experience, qualifications and skills of the employee justify the higher salary

b. on promotion or movement from another agency, where the salary or higher duties salary prior to promotion was equal to or exceeded the minimum salary of the new classification, salary will be payable at the minimum point within the salary range that is higher than the previous salary or higher duties salary (unless the previous salary or higher duties salary was equal to or higher than the highest salary point for the new classification) or

c. on engagement or movement or promotion from another Australian Government Agency, the Director (delegate) may agree to preserve an employee’s pre-existing salary, including a salary that exceeds the maximum rate for the classification under this agreement until such time as that salary is exceeded by the relevant salary that would otherwise be payable under this agreement.

D5 Where, at the time of engagement, an employee’s salary is set at an incorrect salary point, the Director (delegate), may authorise in writing the payment of the employee’s salary at the correct salary point.

Note: ‘Engagement’ is the term used in the Public Service Act 1999 to refer to the commencement of both ongoing and non-ongoing employment.

SALARY MAINTENANCE

D6 At the discretion of the Director (delegate), a person moving whose salary in their previous APS agency (current equivalent APS Classification Enterprise Agreement salary) exceeds the current maximum of the relevant classification level in this agreement, will be maintained on their current salary until such time as their salary (at that classification level) is absorbed by OPH pay increases.

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SALARY ON REDUCTION

D7 Where an employee permanently moves to a lower classification (for reasons other than misconduct or under performance), salary will be payable at the top point in the salary range of the lower classification.

PAYMENT ON DEATH

D8 Where an employee dies, or the Director (delegate) has directed that an employee will be presumed to have died on a particular date, payment may be made to the dependants or partner, or the legal personal representative, or executor of the will of the former employee of an amount to which the employee would have been entitled on resignation or retirement. Any monies owing to the Commonwealth as a result of advanced annual leave credits will be waived.

SALARY PACKAGING

D9 All employees covered by this agreement can access the Salary Packaging Scheme.

D10 Where an employee takes up the option of salary packaging on a ‘salary sacrifice’ basis, unless otherwise specified in the Salary Packaging Scheme guidelines, the employee’s pre-sacrifice salary will be salary for all purposes.

D11 Any fringe benefits tax and administrative costs incurred by OPH in relation to flexible remuneration packaging arrangements are to be met by the employee.

EMPLOYER SUPERANNUATION CONTRIBUTIONS

D12 The agency will make compulsory employer contributions as required by the applicable legislation and fund requirements.

D13 Where an employee has chosen an accumulation superannuation fund other than the PSS Accumulation Plan (PSSap), the employer contribution will be the same percentage of the fortnightly superannuation contribution salary as that required for employees who are members of 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).

Note:  At the time of commencement of this Agreement the rate of PSSap employer contribution is 15.4 percent.

D14 Employer superannuation contributions will not be paid on behalf of employees during periods of unpaid leave that does not count as service, unless otherwise required under legislation.

D15 The Agency Head (delegate) 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.

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PART E – ALLOWANCES

HIGHER DUTIES ALLOWANCE

Principles

E1 The decision to fill a non-ongoing vacancy (i.e. for periods up to six months or more) will be made by the manager of the particular area having regard to the operational requirements of the area at that time, noting that temporary reassignment of duties at a higher level can be an effective development activity.

E2 Managers will consider alternative methods of addressing the additional demands/workload arising out of non-ongoing vacancies before deciding that the duties are to be performed by temporary reassignment. Possible alternatives include the supervisor of the duties to be performed assuming overall responsibility for the work, and allocating tasks to staff (at an appropriate level) as needed, and postponing non-essential work for the duration of the vacancy, with other employees at that level in the work area undertaking essential tasks as necessary.

E3 Before filling long-term temporary vacancies (i.e. for periods greater than 6 months), managers must undertake temporary filling through merit selection (Refer Recruitment and Selection Guidelines and Process, as amended from time to time).

E4 Adjoining periods of higher duties will be avoided to the maximum possible extent.

E5 Employees who are required to temporarily perform the duties of a higher classification level will be remunerated with a higher duties allowance on the following basis:

• payment will generally be made at the minimum pay point• the delegate can determine a higher pay point for temporary reassignment in the

classification range having regard to the work to be undertaken and the employee's capacity to undertake the work

• for periods of continuous temporary reassignment greater than 10 days, a higher duties allowance will be paid for the entire period

• where an employee is not required to perform all the duties of a higher classification the higher duties allowance may be determined by the manager at a lower classification having regard to the partial duties to be performed

E6 Where a higher duties period is extended so that the temporary reassignment is continuous, this will be regarded as one period.

Temporarily Reassigned SES Duties

E7 The Director (delegate) will determine higher duties allowance and other benefits for employees temporarily reassigned to perform duties at the SES level.

Payment During Leave and Public Holidays

E8 An employee receiving a higher duties allowance for a higher level work, and granted paid leave or observing a public holiday continues to receive the allowance during that absence. However, the allowance must only be paid up to the date that the employee would have worked at the higher level had they not been on leave.

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Review of Higher Duties Salary Pay Point

E9 There is no annual progression through pay points for temporary reassignment of duties. Managers (delegates) may review and change, in consultation with the employee, the higher duties pay point at any time during the period having regard to the work to be undertaken, the employee's capacity to undertake the work and the employee’s performance being assessed as ‘meets expectations’ or higher.

Staff may Request to Refuse Temporary Reassignment

E10 Staff may request to refuse temporary reassignment at a higher level, and subject to operational requirements, such a request will not be unreasonably refused.

TEMPORARY REASSIGNMENT OF DUTIES AT A LOWER LEVEL

E11 Should an employee wish to be temporarily reassigned the duties of a classification lower than their permanent classification, the Director (delegate) may reduce the employee’s salary rate for a specified period, by instrument in writing, following a written request from the employee.

E12 When making this decision, consideration will be given to the operational requirements of the agency and the employee’s reasons for requesting the temporary reduction, including personal circumstances.

OVERTIME DUTY

E13 Employees in classifications at the APS 1-6 levels who are required or requested by their manager to work outside the bandwidth, or on weekends or public holidays will be paid at overtime rates (subject to clause E20-24 below). Overtime on a normal working day is only allowed outside the bandwidth, or where an employee is required or requested by their manager to continue work after they have completed 9 hours of work on that same day (excluding lunch and other breaks).

E14 Where a part-time employee is required or requested by their manager to work extra duty outside their standard working hours the provisions of clause E21 will apply.

E15 Where an employee who has a flex debit is requested to work overtime, they must eliminate their flex debit (at the overtime rate) before overtime is payable.

Overtime Related Dependant Costs

E16 Where an employee is requested and agrees to work overtime and extra care dependant costs are incurred, the provision of clauses I4 & I5 of this Agreement may apply. The estimated cost of the additional care must be declared to the manager beforehand.

Rest Break

E17 Employees are required to have a rest break of at least 10 hours including reasonable travelling time, between ceasing duty on any day (or shift) and commencing work on the next day (or shift). Where such a break is not possible, the staff involved will be paid double ordinary time rates until they have such a break.

Option to Take Time off in Lieu

E18 Where an employee would prefer to take time in lieu (eg. flex leave) rather than receive payment for overtime duty, and their manager agrees to that arrangement, they are entitled to take that time at the same rate they would have received as an overtime payment, and may add it to their flex credit.

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Overtime – Rate of Payment

E19 Overtime is calculated on the basis of ordinary base salary. Penalty rates, and commuted penalties are not included in the calculation of overtime.

E20 Overtime duty is payable at the following rates in accordance with the provisions outlined below:

OVERTIME PERIOD RATE RATEMonday to Friday (outside bandwidth

hours)1 ½ hours for each hour, (or part thereof

rounded to the nearest 15 minutes) worked for the first 3 hours, and 2 hours

for each hour worked thereafterSaturday 1 ½ hours worked for each hour worked

for the first 3 hours, and 2 hours for each hour worked thereafter

Sunday 2 hours for each hour workedPublic Holidays (within ordinary hours) 1 ½ hour for each hour worked (as

employees are already receiving payment for the public holiday at single

time rates)Public Holidays (outside ordinary hours) 2 ½ hours for each hour worked

Payment for Weekends and Public Holidays

E21 Where an employee is requested and agrees to work overtime on a weekend or public holiday, they will be paid for a minimum period of 2 hours at the appropriate overtime rate.

Emergency Duty

E22 Where an employee is called on duty by the Director (delegate) to respond to an emergency at a time when they would not normally have been on duty, and they were given no notice of such a call prior to ceasing ordinary duty, they will be paid for the emergency duty at the rate of double time. The period for which this emergency payment will be made will include time necessarily spent travelling to and from duty. The minimum emergency payment under this clause will be 2 hours at double time. This clause only applies to employees in the APS 1-6 levels.

Overtime for Executive Level Employees

E23 Other than in exceptional circumstances approved by the Director (delegate), executive level employees (and equivalents) are not eligible to receive overtime payments. In assessing exceptional circumstances, the Director (delegate) will take into account the eligibility test set out below:

• the nature and extent of the overtime• whether the overtime has been directed and certified• whether the nature of directions received means that the overtime must be done

– that is, that it is unavoidable and can only be performed by employees at that level

• whether the extra duty is regular and excessive, compared with that worked by employees generally at the same level, over a long period of time – that is, on a continuing basis, as overtime is not usually paid for one-off special tasks

• whether the extra duty is burdensome or unusually urgent

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MEAL ALLOWANCE

E24 A Meal Allowance as set out in Schedule 2 is payable where an employee works more than two hours overtime duty on a weekday/normal rostered work day or more than five hours overtime duty on a weekend or public holiday. A further meal allowances will be payable for each additional period of overtime which exceeds five hours and where a meal break is taken.

E25 A Meal Allowance is not payable if the employee is provided with substantial food by the agency or in connection with their work for the agency.

RESTRICTION ALLOWANCE

E26 An employee may be required to be contactable and available to perform extra duty outside the hours of 8.30am to 5.00pm for employees using flextime and rostered hours for employees. To be eligible for Restriction Allowance employees must be required to be immediately contactable, have some restrictions placed on their mobility such as distance from work and be ready and available for work.

E27 An employee will be paid Restriction Allowance for each hour they are required to be on restriction duty at the following rate:

ALLOWANCE FLAT RATERestriction 8.5% of salary

E28 Salary for the purpose of calculation of the allowance will include temporary re-assignment loading and any other allowances in the nature of salary.

E29 An employee who is required to perform duty while on Restriction Allowance will be paid overtime. Payment of overtime for any one day will be:

• if the employee is not required to be recalled to the place of work, payment in accordance with overtime provisions, the minimum payment being for one hour; or

• if the employee is recalled to the place of work, payment in accordance with overtime provisions, the minimum payment being for three hours.

E30 The Director (delegate) may determine an alternative Restriction rate, which may include the payment of overtime during a Restriction period, having regard to the circumstances of the restriction situation.

E31 Where more than one attendance or call is involved, the minimum payment provisions will not operate to increase an employee’s overtime payment beyond that to which the employee would have been entitled had the employee remained on duty from the commencing time of duty on one attendance to the ceasing time of duty on a subsequent attendance.

CADET ALLOWANCE

E32 Staff employed as Cadets are entitled to reimbursement for the costs of books and equipment up to a maximum amount as set out in Schedule 2 of this agreement and are entitled to reimbursement for all compulsory fees paid during the year.

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FIRST AID/HEALTH AND SAFETY REPRESENTATIVE/FIRE WARDEN/HARASSMENT CONTACT OFFICER ALLOWANCE

E33 An employee who possesses a current first aid certificate from either St Johns Ambulance or Red Cross, at Senior First Aid Level 2 or a nurse registered with a State/Territory Nursing Board and who is designated by the Director (delegate) to undertake first aid responsibilities within OPH, and/or an employee who has been appointed, in accordance with OPH’s OH&S Policy, to be a Health and Safety Representative or a Fire Warden for a designated work group and who has completed the appropriate training; will be paid an allowance in accordance with Schedule 2 of this agreement. Harassment Contact Officer, First Aid Officer, Health and Safety Representative, Fire Warden Allowance counts as salary for all purposes. Where an employee covers two or more roles only one allowance will be paid per fortnight.

MOTOR VEHICLE ALLOWANCE

E34 Where the Director (delegate) considers that it will result in greater efficiency or involve less expense, they may authorise an employee to use a private car owned or hired by the employee at their own expense for official purposes, subject to the employee providing proof that, for the period of the journey, they have comprehensive insurance on the vehicle, that the vehicle is registered, and that they possess a current drivers licence.

E35 Where so authorised, an employee will be entitled to a motor vehicle allowance in accordance with the relevant Australian Taxation Office rates.

TRAVEL ALLOWANCES (TA)

Eligibility for Travel Allowance

E36 Employees required to travel between centres in Australia for official work purposes which require an overnight absence will be entitled to an allowance in respect of meals, accommodation, and incidental expenses. The agency subscribes to an allowance subscription service and will adopt the rates as varied from time to time in line with the recommendations provided.

Domestic Air Travel

E37 Employees are entitled to economy class travel where required to travel on official business within Australia.

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Travel through OPH Travel Officer

E38 When travelling by air, employees are required to utilise the best fare of the day where possible.

Payment of Travelling Allowance (TA)

E39 TA (accommodation, meals, and incidentals) is only payable on day of departure where an employee is authorised or required by the agency to stay in lodgings, hotels or motels while travelling on official business.

E40 TA rates each night determine TA payable during the same day. E41 TA is only payable during the day of return travel to the usual place of work where

the employee was required to stay in lodgings, hotels or motels the previous night while travelling on official business.

Eligibility for Part Day Travel Allowance

E42 Employees required to be absent from their usual place of work on official business for a period of not less than 10 hours but not absent overnight, will be paid an allowance in accordance with Schedule 2 of this agreement unless the employee increases the period of the trip to 10 hours or more as a result of personal consideration

Method of Payment

E43 TA will be paid to an employee’s nominated bank, building society or credit union account at least two days prior to the travel, provided that the Finance Section receive the travel approval at least five working days prior to the travel.

E44 Where an employee is required to travel with less than five days notice, provision may be made for emergency payments to an employee’s nominated bank, building society or credit union account.

Administration of Travelling Allowance

E45 The Parties to this agreement note that the agency will continue to examine options to improve the efficiency of the administration of travelling allowance. In introducing any changes the agency will ensure the current standards of accommodation, meals and incidentals will be maintained. OPH recognises that some special arrangements may be needed on occasions for employees travelling in remote or regional areas. Any guidelines for their use will be developed through the normal consultative process.

Adjustment to Payments

E46 Where the Director (delegate) is satisfied that the overall travelling allowance is insufficient to cover reasonable expenses, an adjustment to the allowance will be made.

Reduction of Allowance in Certain Circumstances

E47 Where an employee is provided with accommodation and/or meals, either at OPH expense or as a consequence of their official duties, the employee will have their rate of allowance reduced by each individual component provided.

E48 Where the original period of travel is reduced, and the employee has received TA in excess of their entitlement, the excess is recoverable.

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Repayment of Allowance

E49 Employees who fail to undertake arranged travel, or undertake travel for a lesser period than anticipated will repay any amount of allowance in excess of their actual entitlement.

REVIEW TRAVEL ALLOWANCE

E50 Where an employee is required to reside in the one locality for a period greater than 21 days, they may be paid an allowance as set in the Relocation Assistance Guidelines.

E51 The Director (delegate) may waive the employee contribution where the employee is maintaining two households, as per Relocation Assistance Guidelines.

E52 The Director (delegate) may reimburse reasonable and unavoidable continuing expenses incurred at the home locality where an employee has not let or sublet their home. Where warranted by the length of the temporary movement, storage charges, charges to redirect mail and transfer of telephone accounts may be included as a continuing expense.

RELOCATION ALLOWANCES

Approval of Reasonable Relocation Costs

E53 The Director (delegate) may approve reasonable costs associated with relocation from one locality to another upon engagement, movement or temporary reassignment, with discretion as to the overall package. Where the Director (delegate) determines that exceptional circumstances exist, alternate or additional flexible provisions to facilitate movement of an employee may be approved. Where approved, relocation costs will be outlined in the letter of offer or as otherwise in writing.

E54 Any proposed changes to the Relocation Assistance Guidelines will be subject to discussion by the WCC.

OVERSEAS TRAVEL SUPPORT

E55 OPH will provide support for employees required to travel on official business overseas in accordance with CEI 5.5.

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PART F – MANAGING WORK

HOURS OF DUTY

Ordinary Hours of Duty

F1 For full-time employees covered by this agreement the ordinary hours of duty are 37 hours 30 minutes per week, to be worked on the basis of seven hours and 30 minutes per day, Monday to Friday.

F2 Ordinary hours of duty are considered to be worked on Monday to Friday between the hours of 8.30am to 12.30pm and 1.30pm to 5.00.pm (7 hours 30 minutes per day).

F3 For part-time employees, ordinary hours are the regular hours agreed in their Part-Time Work Agreement.

Core Hours

F4 All employees must attend work during core hours unless they have the prior approval of their supervisor to be absent on flex or other leave. Core hours for full-time employees are usually 9.30am to 12.00 noon and 2.00pm to 3.00pm Monday to Friday.

F5 Where an employee is unexpectedly unable to attend work a concerted effort must be made by the employee or their nominee to contact the employee’s supervisor before the commencement of core hours.

F6 After consultation and general agreement with employees, the Director (delegate) may vary the core hours for the workplace to reflect operational requirements

Recording Attendance

F7 OPH APS 1-6 employees are required to record each day, their actual time of arrival, departure, and any breaks taken in Timekeeper. Executive level employees will keep an attendance diary.

Meal Break

F8 Employees must take a minimum meal break of at least 30 minutes after no more than five hours continuous work.

CHRISTMAS CLOSEDOWN

F9 All full time employees will work 150 hours over a four week settlement period. During periods where employees are not usually at work eg. public holidays or periods of leave, excluding flex leave, employees will record seven hours 30 minutes a day on their record of attendance for the purposes of calculating hours worked within a settlement period.

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F10 Employees will be provided with paid time off for the period between Christmas and New Year’s Day. This period will be known as the Christmas Closedown. In cases where employees are required by their manager to work any number of days during this period, they must be provided with an equivalent number of days of time off in lieu to be taken within 4 weeks or at an alternative time convenient to each employee and agreed with their manager. Refer to Christmas Closedown in Part H – Leave Provisions.

FLEXTIME

F11 The Flexible Working Arrangements Scheme is a cooperative arrangement between management and employees, which provides for optimal organisational flexibility to meet operational requirements and deliver client services, and flexible working hours for employees to balance their work and personal lives. Under these arrangements employees will be able to balance personal and work needs, and work their required or regular hours of duty in a flexible manner. The following flexible working arrangements apply to employees employed in classifications at APS1-6 level (except those who work on a roster basis).

F12 Under these arrangements employees can either work their required or regular hours of duty in a flexible manner, or in respect to a settlement period, elect a working pattern (following consultation with their manager) that will enable the employee to nominate those days over the course of the settlement period that will be covered by flex leave. Approval of such arrangements is subject to operational requirements.

F13 For the purposes of calculating flextime the working day is seven hours 30 minutes.

Responsibilities of Employees and Managers

F14 Employees and managers will take joint responsibility for ensuring that flex credit and debit maximums are not exceeded. Employees shall take all reasonable steps to balance their flex credits and debits, and managers shall take reasonable steps to ensure that staff are not continuing to build excessive flex credits without the opportunity to access flex leave. The ability for an employee to elect a working pattern including nominating days to be taken as flex leave should ensure that managers are more able to accommodate fluctuations in workloads in ways that do not require the employee to miss out on nominated flex leave days, subject to operational requirements.

Flextime Bandwidth

F15 The span of hours (flextime bandwidth) during which employees may work their ordinary hours of duty is usually 7.00am to 7.00pm, Monday to Friday. It is expected that these flextime bandwidth hours will meet most operational requirements.

F16 After discussion and general agreement with employees, the Director (delegate) may vary the flextime bandwidth for the workplace. However, the maximum period over which the bandwidth may be set is 12 hours.

Settlement Period

F17 OPH employees covered by the Flexible Working Arrangements Scheme may adjust how they work their total ordinary hours over a ‘four week settlement period’ (i.e. 150 hours), commencing on a Thursday payday and finishing on a Wednesday.

Maximum Flex Credit

F18 A flex credit is the accumulation of flextime in excess of the ordinary hours of duty (150 hours) over a settlement period.

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F19 Subject to clause E18, flex credits cannot be accumulated outside the flextime bandwidth hours. Where employees are required by managers to work outside the bandwidth, usually 7.00am to 7.00pm, overtime is payable.

F20 A flex credit of 37.5 hours is the maximum an employee may carry over from one settlement period to the next, and this credit may be carried indefinitely.

F21 Subject to operational requirements, there is no limit on the amount of flex leave that may be taken during a settlement period. Flex leave may be taken in conjunction with all forms of other leave except for Long Service Leave (LSL), in so far as it does not constitute a break in LSL, as outlined in clause H55

Maximum Flex Debit

F22 A flex debit occurs when the time worked is less than ordinary hours of duty (150 hours) over a settlement period.

F23 A flex debit of 10 hours is the maximum an employee may carry over from one settlement period to the next, and it may be carried indefinitely. Where an employee exceeds this maximum, they must take either leave without pay or annual leave to reduce their debit back to a maximum of 10 hours.

F24 Flex debits up to the maximum of 10 hours may be carried between Sections as employees move around OPH. However, when an employee is ceasing employment with OPH (to work with another employer either ongoing or non-ongoing) or the APS, they must either work off their debit, or the equivalent salary amount will be debited from the last pay they receive from OPH.

Carry Over and Payment in Lieu of Flex Credits

F25 Where a branch manager certifies that due to operational requirements an employee was unable to access flex leave prior to leaving their branch and the employee:

• moves between branches, they may carry their flex credits with them (up to the maximum of 37.5 hours) to the new branch or where this is not possible, they will receive payment in lieu of their flex credit (up to a maximum of 37.5 hours) at single time rates;

Excess credits can be paid out in accordance with the provisions of clauses F30-32.

Working Extensive Hours

F26 In exceptional circumstances employees may be required to work reasonable additional hours over a period of time to meet high priority operational requirements.

F27 Where an employee expects they may exceed the flex credit maximum of 37.5 hours at the end of the settlement period, they must discuss the situation with their supervisor, including:

• the immediate and ongoing work commitments for the Section/Branch• where there is likely to be an ongoing requirement for the employee to work

extensive hours during the bandwidth, other options for redressing the workload demands on the employee

• the need for overtime duty (outside the bandwidth) to meet the extra work requirements

Requirement to advise Deputy Director of Extensive Hours

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F28 In addition to the requirements specified in clauses F26-27, where an employee expects they may exceed the flex credit maximum of 37.5 hours, their supervisor must advise their Deputy Director, detailing the outcome of the discussion referred to in clauses F26 and F32.

F29 An employee may not work hours that result in a flex credit of greater than 37.5 hours without the specific agreement of their Deputy Director.

F30 Where, with the agreement of the Deputy Director Corporate and Heritage, an employee accrues a flex credit in excess of 37.5 hours at the end of the settlement period, they will forward a copy of their Timekeeper record to the Manager Human Resources and Governance, and be paid for the hours worked in excess of 37.5 hours (at single time rates).

F31 Before agreeing to an employee accruing a flex credit in excess of 37.5 hours, the Deputy Director Corporate and Heritage should review the matter in consultation with the relevant Section Manager with a view to effectively addressing the staffing issues associated with the immediate and ongoing work commitments of the Section/Branch.

F32 Managers and Deputy Directors are unable to direct an employee to work additional hours within the bandwidth (i.e. flextime) where this would result in a flex credit exceeding the maximum flex credit of 37.5 hours.

Reduction in Flex Credit

F33 During the discussion referred to in clause F27, the employee and supervisor should also seek to agree on a time during the following settlement period where the employee may access at least one day flex leave to reduce their flex credit to a more manageable level. Where an employee has a large flex credit, a request for flex leave will not be unreasonably refused, and if refused a written explanation will be provided.

TRAVELLING TIME

F34 Employees at APS 1 to 6 levels required to travel within Australia on OPH business may include the travel time as working hours on their attendance record. Employees at other levels are expected to travel for reasonable periods of time outside normal business hours where this is necessary to perform their work.

REVERSION TO ORDINARY HOURS

F35 Employees may be reverted to ordinary hours where:• the supervisor reasonably considers the employee’s attendance is unsatisfactory

and/or• the supervisor reasonably considers that the employee is misusing the flexible

working arrangements

F36 Where reversion to ordinary hours is being considered, the supervisor must discuss the proposed action with the affected employee prior to making their decision. Where requested to do so by the employee, a supervisor shall provide a written explanation of his/her reasons for requiring the employee to revert to ordinary hours and a proposed period for the reversion.

F37 Where an employee is absent from duty without approval, flexible working arrangements and flex leave will cease to be available until the employee resumes work or is granted leave.

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F38 Where a full time employee has been reverted to ordinary hours, they will work the prescribed ordinary hours of duty, i.e. 7 hours and 30 minutes per day, from 8.30am to 12.30pm and 1.30pm to 5.00pm. Part-time employees will revert to the ordinary hours of their part-time work arrangement.

F39 Access to flexible working arrangements may be restored where a supervisor is satisfied that an employee’s attendance is satisfactory.

F40 Where employees who have been reverted to ordinary hours is required to work additional hours, they will receive overtime payments for all duty performed outside their ordinary hours of duty.

WORKING AWAY FROM THE OFFICE

F41 Where a manager and employee agree that there is benefit to the agency for the employee to work away from the office on a short-term temporary basis, the manager may approve the arrangement.

WORKING ARRANGEMENTS FOR EXECUTIVE LEVEL EMPLOYEES (& EQUIVALENTS)

Agreement on Working Arrangements

F42 The working arrangements (including working hours) for an executive level employee (and equivalents) should be agreed at the Branch level through discussion between managers and executive level employees (and equivalents). In reaching agreement on working arrangements, managers and the executive level employee (and equivalents) should have regard to:

• the operational requirements, workload and priorities of the area, which need to be reflected in performance agreements

• the need for executive level employees (and equivalents) to balance work and personal life

• any other relevant factors

Ensuring Reasonable Hours are Worked

F43 Having regard to clauses E24 of this agreement, managers have a responsibility to ensure that executive level employees (and equivalents) do not work unreasonable hours. To achieve this, managers are required to:

• allocate sufficient resources to handle the ongoing workload• monitor workloads to ensure appropriate staffing levels are maintained• ensure sustained excessive periods of longer hours are not worked• put staffing strategies in place to handle workload peaks and major project work • review staffing situations in response to representations from staff

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Flexible Working Arrangements

F44 The parties to this agreement recognise that the hours of duty of executive level employees (and equivalents) are not regular or easily categorised. While the Flexible Working Arrangements Scheme does not apply to executive level employees (and equivalents), managers have an obligation to allow these employees flexibility in their working arrangements, including hours of work, and have the authority to grant time off in recognition of additional hours worked, where it is considered such hours are in excess of agreed working arrangements. This means that supervisors should, as appropriate, agree to absences, including whole days. Such absences do not need to be covered by official leave. Time off in lieu is not required to be granted on an exact time for time basis

F45 Where due to operational requirements the executive level employee has been required to work outside their agreed working arrangements on a regular basis, the manager should grant time off in recognition of additional hours worked. OPH considers it good practice to allow executive level employees access to the time off in recognition of additional hours worked as soon as possible after the hours have been worked.

PART-TIME WORK

F46 The parties to this agreement recognise the value of part-time workers and the needs/preferences of some employees to be able to work part-time. This agreement continues to focus on removing barriers to part-time work and job-sharing.

F47 A part-time employee is one whose ordinary hours of work are less than 150 hours over a four week period (the settlement period). Part-time work is a means of assisting employees to balance their work and family or other responsibilities.

F48 A full-time employee may request in writing to work on a part-time basis, either for a specified period or on an ongoing basis. The Director (delegate) may approve a request for part-time work. Requests for part-time work or job sharing should be considered in light of operational requirements and cost effectiveness. The Director (delegate) must advise the employee and Manager Human Resources and Governance in writing of the outcome of their request within three weeks of the lodgement of the request.

F49 Remuneration and other conditions are calculated on a pro-rata basis, apart from allowances of a reimbursement nature, where a part-time employee will receive the same amount as a full-time employee.

F50 Part-time work arrangements, including variations, must be set out in a written Part-Time Work Agreement between the employee and manager, and copied to the Human Resources section. The agreement must specify:

• the part-time hours to be worked during a settlement period• the standard hours to be worked• the duration of the agreement• dates for a periodic review of the part-time work arrangement• any specific arrangements that are necessary to facilitate part-time work

F51 Part-time hours included in a Part-Time Work Agreement must be within the bandwidth hours as specified in clause F15.

F52 A manager may initiate the introduction of part-time employment after consideration of the operational requirements and cost effectiveness. A full-time employee will not be required to convert to part-time hours, or a part-time employee extend or reduce their part-time hours without their agreement.

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F53 A full-time employee who has approval to work part-time must revert to full-time employment at the end of the agreed period unless an extension has been approved. A request to revert to full-time hours prior to the end of the agreed period, or vary the number of hours worked, should be considered in light of operational requirements and cost effectiveness.

F54 Where during an agreed period of part-time work, a manager requires an employee to change their regular pattern of work due to operational requirements, the manager will consult with the employee and after consultation will provide the employee with a minimum 28 days notice and recognise the employee’s work/life balance.

F55 The part-time work agreement must ensure that any single period of attendance is not less than three hours.

F56 A part-time employee may access the Flexible Working Arrangements Scheme under the same arrangements as full-time employees, by arrangement with their supervisor, on a pro-rata basis.

F57 A manager may require a part-time employee to perform additional duty to meet operational requirements (ie. more hours than agreed as their regular part-time hours over the settlement period in their Part-Time Work Agreement). For employees up to and including APS 6 level, short-term additional duty should be managed at the local level through the Flexible Working Arrangements Scheme. The employee may elect to have the additional duty paid as overtime in accordance with the provisions of clauses E20-24, substituting the words ‘regular part-time hours’ for ‘bandwidth hours’ and ‘ordinary hours’. For employees on rosters, overtime will apply for hours worked outside these rosters.

F58 A short-term variation of hours of work, for periods less than a settlement period, will not be taken into account in calculating a part-time employee’s next accruing leave entitlement.

Job Sharing

F59 OPH encourages and will facilitate the use of job sharing arrangements where feasible and with the agreement of the employees. Part-time work can be used for job sharing arrangements where both employees are at the same classification level.

F60 Where the use of job sharing arrangements would result in greater operational efficiency, the Director (delegate) may, after consultation, require two part-time employees at the same classification level with similar duties and compatible patterns of work, to enter into a job sharing arrangement, taking into account the need for the duties to be performed on a continuing basis. At least 28 days notice must be given to the employees.

FLEXIBLE WORK ARRANGEMENTS FOR PARENTS

F61 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).

F62 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; andb. has reasonable expectation of continuing employment on a regular and

systematic basis.

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Note: ‘long term casual employee’ is defined at s.12 of the Fair Work Act 2009

F63 A request made in accordance with clause F61 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.

F64 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 a irregular or intermittent basis.

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PART G – ROSTERED EMPLOYEES & CASUAL EMPLOYEES

APPLICATION

G1 Employees may be engaged in, promoted to, or assigned duties of jobs that are subject to a roster under the provisions of this Part.

G2 The provisions in this Part apply only to rostered employees (clauses G1 to G28) and to casual employees (clauses G29 to G39) rostered to perform ordinary duty including on Saturdays, Sundays and Public Holidays.

G3 When there is a conflict between the conditions in Part G and the terms in the remaining parts of the agreement, the conditions specified in Part G will apply.

ROSTERED HOURS

G4 For the purpose of this agreement a rostered employee is an employee who works to a specified roster. A roster specifies a regular agreed fixed pattern of work with fixed daily hours.

G5 The roster will specify the employees who are to work the roster and the commencing and finishing times.

G6 Hours of duty for rostered employees are those agreed in individual work arrangements.

G7 Staff employed on a roster basis are not covered by the OPH Flexible Working Arrangements Scheme (clauses F11-40).

G8 Rostered employees whose rostered hours average less than 150 hours over a settlement period, are part time employees.

G9 Rostered employees who work part-time, will receive equivalent pay and conditions to full-time employees, on a pro rata basis.

G10 Changes to rostered hours of duty can be by mutual consent at any time or by amendment of the roster with 10 working days notice given by the manager to affected employees. In the absence of 10 working days notice, employees will be paid overtime for work outside the previously rostered hours of duty. Payment on this basis will be continued for each changed shift until employees have received 10 working days notice of shift change.

G11 Employees working on a roster basis may exchange shifts or rostered days off by mutual agreement, with the consent of the manager, and provided that the arrangement does not give any employee an entitlement to overtime payment. Any exchanges will only be on a like for like basis and should be recorded appropriately in Timekeeper. (i.e. Mon-Fri for Mon-Fri, Sat for Sat, Sun for Sun, Public Holiday for Public Holiday)

OVERTIME

G12 Where employees employed on a roster basis are required to work additional hours, they will receive overtime payments (as at clause G13) for all duty performed outside their rostered hours. An employee may elect to accrue TOIL at overtime rates in lieu of overtime payments subject to operational requirements and approval of the Director (delegate). Where an employee ceases employment with OPH and their manager certifies that they were unable to access their time in lieu credits prior to ceasing, they will receive payment for their credits.

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G13 Any period of overtime performed on a rostered day will be continuous with normal rostered hours, subject to clause G25 and G28.

G14 Overtime duty is payable at the following rates in accordance with the provisions outlined below:

OVERTIME PERIOD RATE RATEMonday to Friday

(outside rostered hours)1 ½ hours for each hour, (or part thereof

rounded to the nearest 15 minutes) worked for the first 3 hours, and 2 hours

for each hour worked thereafterSaturday (outside rostered hours) 1 ½ hours worked for each hour worked

for the first 3 hours, and 2 hours for each hour worked thereafter

Sunday (outside rostered hours) 2 hours for each hour worked

Public Holidays and Easter Saturday (outside rostered hours)

2 ½ hours for each hour worked

Payment for attendance on a rostered day off

G15 Where a rostered employee is requested and agrees to work overtime on a rostered day off, they will be paid for a minimum period of 2 hours at the appropriate overtime rate.

G16 Due to the nature of operations and operating requirements – i.e. open to the public every day except Christmas day rostered staff are expected to work on public holidays.

G17 If a rostered staff member is rostered on and they request a public holiday off and it is approved by their manager they will receive payment at ordinary time rates with no deduction of leave.

COMMUTED PENALTY PAYMENTS

G18 OPH employees who work on a roster basis are in receipt of Commuted Penalty Payments as detailed in clauses G16-19.

G19 Rostered employees will be paid commuted penalties for ordinary work performed on weekends and will be paid penalty rates for Public Holidays as set out in the following table:

Rostered time of ordinary duty Penalty rateOrdinary duty performed on Saturday* 50%Ordinary duty performed on Sunday* 100%Ordinary duty performed on a public holiday and Easter Saturday(rostered on)

150%

Public Holiday and Easter Saturday (rostered on during Planned Leave)

Penalties not paid. The day will not be deducted from Planned Leave

*Employees in receipt of commuted penalty payments for ordinary hours on weekends are not eligible for penalty rates for Saturdays and Sundays.

G20 Penalty payments will not be taken into account in the computation of overtime or in the calculation of any allowance based on salary.

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Saturday and Sunday rates

G21 Rostered employees will, instead of being paid shift penalties for ordinary work performed on weekends as set out in clause G19 receive a commuted penalty which is an additional amount equivalent to 21.5% of the full time equivalent salary. This amount will be paid on a fortnightly basis and will count as salary for superannuation and paid leave purposes. For superannuation purposes for Defined Superannuation Funds, a Likelihood Statement is to be completed when a person commences in an ongoing position, if the Delegate believes they will be in receipt of Commuted Penalty Payments for a continuous period of not less than 12 months.

G22 The percentage rate has been based on rosters where employees work an average of 26 Saturdays (at 50% penalty) and 26 Sundays (at 100% penalty) per year as per the table at clause G13. If rosters are varied (from the average 26 Saturdays and 26 Sundays pattern) during the lifetime of this agreement, a replacement percentage rate will be calculated using the same method of calculation.

G23 Where employees, other than those working an average of 26 Saturdays and 26 Sundays, commence a rostered working arrangement, which includes some weekend work, the agency will calculate a percentage rate to be paid to those employees in lieu of the penalty rates. This percentage rate will be calculated based on the average number of Saturdays and/or Sundays worked.

G24 The commuted penalty payment will be made during periods of personal leave, annual leave and other paid leave.

Additional Annual Leave for Rostered Employees

G25 Employees who undertake rostered duties on Sundays and/or Public Holidays will accrue additional hours of annual leave at the rate of one-tenth of their average rostered weekly working hours in respect of each such occasion.  Additional annual leave will accrue for the first ten occasions in a calendar year only and will be credited on 1 January of the following year.

Christmas Closedown

G26 With the exception of employees in receipt of a loading in lieu of leave, rostered employees who are required to work during the Closedown period between Christmas and New Year (clause H17 of this agreement), will be entitled to one day TOIL for each Closedown day (not including public holidays) they work. TOIL accrued under this provision must be utilised prior to 31 March of the next calendar year and can only be taken on a weekday (Mon – Fri).

Breaks

G27 An unpaid break of at least 30 minutes will be taken as rostered or otherwise directed after no more than five hours continuous work.

G28 A meal allowance as set out in Schedule 2 is payable where an employee works more than two hours overtime duty on a normal rostered work day or more than five hours overtime duty on a non-rostered day. A further meal allowances will be payable for each additional period of overtime which exceeds five hours and where a meal break is taken.

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CASUAL EMPLOYEES

G29 A casual employee is an employee engaged under section 22(2)c of the Public Service Act 1999 to undertake duties that are of an intermittent or irregular basis with no guarantee of hours per fortnight.

G30 At the time a casual employee is offered hours of work, the commencing and finishing times for that shift will be specified.

G31 Casual employees will receive a salary loading of 20% loading in lieu of public holidays and all paid leave entitlements, other than long service leave. Such employees will accrue long service leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976. The loading is calculated in accordance with the employee’s base annual salary rate.

G32 If after the commencement of this agreement, the Public Service Award is modernised and relevantly covers this employer and employees and provides for a salary loading greater than 20%, then casual employees will receive the greater loading.

G33 Casual employees are entitled to two days unpaid Personal (Carer’s) Leave per each permissible occasion and two days unpaid Compassionate Leave per permissible occasion.

G34 Casual employees in receipt of the 20% loading in lieu of annual leave, personal leave, and public holiday entitlements are not entitled to additional annual leave for Sundays worked as referred to in clause G22.

G35 The minimum shift for a casual employee will be two hours.

G36 Split shifts will not be used.

G37 Casual employees employed on an irregular or intermittent basis to perform ordinary duty will be paid the following penalty rates:

Rostered time of ordinary duty Penalty rateOrdinary duty performed on a shift (Monday – Friday), any part of which falls between 6pm and 6.30am

15%

Ordinary duty performed on Saturday 50%Ordinary duty performed on Sunday 100%Ordinary duty performed on a public holiday

150%

Breaks

G38 An unpaid break of at least 30 minutes will be taken as directed after no more than five hours continuous work.

G39 In addition, casual employees will be entitled to one paid break of 15 minutes per shift, provided the shift extends beyond three hours.

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PART H - LEAVE PROVISIONS

H1 OPH’s leave entitlements will be fair, based on mutual trust, and provide all employees with adequate rest and support during times of need.

H2 Wherever possible prior approval for leave will be obtained, and the type of leave disclosed. Where an employee is absent from duty without approval, all pay and allowances provided under this agreement, eg. flextime, cease to be available until they resume duty or are granted leave. Such absences do not count as service for any purpose.

ANNUAL LEAVE

H3 OPH employees will accrue the equivalent of 20 days (150 hours) annual leave for each full year worked, and unused annual leave will accumulate. Annual leave will not accrue during periods that are taken as not to count as service. Part-time and fixed daily hours rostered employees will accrue a pro-rata credit based on the number of hours worked.

Access to Annual Leave

H4 Employees may access their annual leave credits as they are credited. Granting of annual leave will be subject to operational requirements but leave will not be unreasonably refused. Employees may request written reasons for the refusal and if requested this will be provided by the delegate.

H5 Consistent with the purpose of annual leave, employees will be encouraged to utilise their annual leave entitlement.

H6 OPH will encourage employees to take at least three weeks annual leave in any one calendar year. Where the Director (delegate) has refused an employee’s request to take annual leave during a 12 month period, the employee may access their annual leave entitlements regardless of operational requirements (up to a maximum period of four weeks), unless the leave of absence is specifically refused by the Director (delegate) due to exceptional operational circumstances. Where such a situation occurs, the Director (delegate) will agree to the period of leave for the employee to commence within a reasonable time frame.

H7 Employees who have two or more years annual leave credit (equivalent of eight or more weeks leave or pro rata for part time employees) may be required to take annual leave where such a requirement is reasonable. The employee may be required to take no more than one quarter of the amount of leave at credit at the time the direction is given.

H8 In special circumstances only (for example where extended leave is to be taken), an employee and manager may agree to defer the quarter amount of leave to the following year. Such an arrangement will not be carried forward to a subsequent year.

H9 The Director (delegate) may grant an employee annual leave at either full or half pay, where sufficient credit is available. When annual leave is granted on half pay, annual leave credits will be deducted at half the full pay rate. Part-day annual leave absences will not be granted on half pay.

Recording and Deducting Annual Leave

H10 All annual leave credits will be recorded and deducted in hours and minutes.

Cancelling of Annual Leave or Recall to Duty44

H11 Where an employee's annual leave is cancelled without reasonable notice, or an employee is recalled to duty from leave, the employee will be entitled to have their annual leave re-credited to the extent of the period that they were recalled and be reimbursed reasonable travel costs and incidental expenses not otherwise recoverable under any insurance or from any other source.

Payment of Annual Leave Credits on exit from APS

H12 In the event of separation from the APS, an employee will be paid out for any remaining credited annual leave entitlement, unless they are joining an agency staffed under the Parliamentary Service Act 1999 or the Australian Capital Territory Government Service (Consequential Provisions) Act 1994 in which case the leave entitlements will be transferred to the employees new employer.

H13 Payment in lieu will be calculated using the employee’s final rate of salary and allowances considered as salary for all purposes as at the date of exit. Higher duties allowance is included as salary for all purposes for payment in lieu of annual leave where it is certified that the higher duties would have continued beyond the date of exit.

PURCHASED LEAVE (EMPLOYEE FUNDED LEAVE)

H14 The Purchased Leave Scheme enables employees to purchase up to 150 hours additional leave per year paid for by fortnightly salary deductions. Granting purchased leave is subject to operational requirements and approval from the Director (delegate).

Eligibility for Purchased Leave

H15 All employees (excluding casual employees, non-ongoing employees employed for less than 12 months and cadets) are eligible to apply for purchased leave. There is no quota on the number of employees who can access Purchased Leave. Administrative arrangements for Purchased Leave will be applied in accordance with OPH Purchased Leave Guidelines as varied from time to time.

CASH OUT OF LEAVE

H16 Employees may cash out a portion of their annual leave, where they request so in writing, in accordance with the Fair Work Act 2009. Each cashing out of a particular amount of annual leave must be by a separate agreement in writing between the OPH and the employee. Paid leave must not be cashed out if it would result in the employee’s remaining accrued entitlement to paid annual leave being less than four weeks. The employee must have taken at least 15 days leave within the 12 months and can only access the cash out provision once in each 12 month period.

CHRISTMAS CLOSEDOWN

H17 OPH will close its normal administrative 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.

H18 Non-rostered 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).

H19 There will be no deduction from annual or personal/carer’s leave credits for the closedown days. This clause does not apply to rostered staff.

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H20 Employees who are required to work on any of these days for operational reasons will be entitled to paid time off in lieu for the equivalent number of normal working days as referred to in clause F10 and G26 of this agreement.

PUBLIC HOLIDAYS

H21 Employees will be entitled to the following public holidays:

a. New Year’s Day (1 January)b. Australia Day (26 January)c. Good Fridayd. Easter Mondaye. 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.

H22 If under a state or territory law, a day or part-day is substituted for one of the public holidays listed above, then the substituted day or part-day is the public holiday.

H23 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.

H24 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.

H25 Where a public holiday falls during a period when an employee is absent on leave (other than annual or paid personal/carers 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).

H26 Payment of higher duties allowance for a public holiday is only payable where the employee is in receipt of that allowance on both sides of the public holiday.

H27 Where an employee is on leave without pay on either side of a public holiday no payment will be made for the public holiday.

PERSONAL LEAVE

H28 Full time employees will accrue 18 days personal leave per year. Part-time and rostered employees will accrue leave on a pro-rata basis. Employees will be able to access the leave as it accrues. Unused personal leave accumulates from year to year.

H29 All personal leave credits will be recorded and deducted in hours and minutes, and will accrue on a full-pay basis.

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H30 Personal leave may be used for any period, including periods of one day or less. Personal leave may not be used for annual leave purposes. Eligible employees may choose to use flextime instead of personal leave to address personal needs which cannot be dealt with outside ordinary hours. Employees may elect to take personal leave at half-pay.

H31 No personal leave credit will accrue during any periods of leave without pay or to an employee after the date of the employee’s termination of employment or resignation.

H32 Personal leave cannot be converted to salary and cashed out upon termination of employment.

H33 Personal leave can be used for purposes of personal illness/injury, emergency caring purposes, and for addressing personal needs which cannot be dealt with outside ordinary hours, including:

• attending to health appointments, • care of partners, dependants, extended family members or close friends a

member of the employee’s household who are ill or require assistance• when the employee is unable to organise alternative care for their child or their

usual child-care arrangements are unexpectedly disrupted.

H34 In exceptional situations, and at the Director’s (delegate) sole discretion, the Director (delegate) may grant an employee who has used all of his or her personal/carer’s leave credits additional personal/carer’s leave. The employee must provide supporting evidence.

UNPAID CARER’S LEAVE

H35 Where an employee has exhausted their entitlements to paid personal leave, the employee may take two days unpaid carer’s leave in accordance with the Fair Work Act 2009 on each occasion that a member of the employee’s immediate family, or household, requires care or support because of personal illness or injury or an unexpected emergency.

H36 An employee will be entitled to unpaid carer’s leave in accordance with Subdivision B of Division 7 of Chapter 2 of the Fair Work Act 2009.

Production of Supporting Evidence

H37 Employees may be granted personal leave with pay (subject to available credits) without production of supporting evidence for absences of no more than three consecutive days.

H38 If the number of days without supporting evidence exceeds ten days in any accrual year, the Director (delegate) may require the employee to provide evidence for any further short absences for that accrual year. The Director (delegate) must inform the employee in advance in writing of any requirement for supporting evidence for short absences.

H39 Medical Certificates from a registered health practitioner will be accepted for personal leave purposes for illness/injury. In cases involving workers’ compensation, Comcare will decide if they accept the medical certificate. A registered health practitioner can only issue a medical certificate in respect of the area of practice in which that practitioner is registered or licensed under a state or territory law.

Medically Unfit for Duty

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H40 Personal leave will not be debited where an employee is medically unfit for duty on a public holiday which the employee would have otherwise observed.

H41 Should an employee be medically unfit for one day or longer while on annual leave or Long Service Leave the employee may apply for personal leave. Subject to the provision of a medical certificate or other supporting evidence as per Clause H36, annual leave will be re-credited to the extent of personal leave granted and Long Service Leave will be adjusted in accordance with the Long Service Leave (Commonwealth Employees) Act 1976.

Advancement of Future Personal Leave

H42 The Director (delegate) may, in exceptional circumstances, advance an employee’s future personal leave accrual where their current personal leave credit has been exhausted.

Access While on Paid Maternity Leave

H43 An employee will not be entitled to paid personal leave while also entitled to paid leave under the Maternity Leave (Commonwealth Employees) Act 1973.

Termination on Invalidity Grounds

H44 An employee will not, without their consent, have their employment terminated on invalidity grounds before their full pay personal leave credit has been exhausted (excluding staff with a current recognised compensable injury) subject to the provisions of clause H32 of this agreement.

PORTABILITY OF ACCRUED ANNUAL LEAVE & PERSONAL LEAVE

H45 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/carers leave (however described) will be recognised, provided there is no break in continuity of service.

H46 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/carers leave (however described) will be recognised.

H47 For the purposes of this clause: a. ‘APS employee’ has the same meaning as the Public Service Act 1999b. ‘Parliamentary Service’ refers to employment under the Parliamentary Service

Act 1999.

Portability of leave – former non-ongoing employees

H48 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/carers leave (however described), provided there is no break in continuity of service.  Any recognised Annual leave excludes any accrued leave paid out on separation.

Unauthorised absence

H49 Where an employee is absent from duty without approval, the employee’s pay and other benefits provided under this agreement will cease to be available until the employee resumes duty or is granted leave.

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COMPASSIONATE LEAVE

H50 Employees may take paid compassionate leave in accordance with the Fair Work Act 2009 of two days on each occasion that a member of the employee’s immediate family, or household, contracts or develops an illness that poses a serious threat to his/her life or sustains a personal injury that poses a serious threat to his/her life or dies. This is a separate entitlement to personal leave.

Payment for compassionate leave (other than for casual employees)

H51 If, in accordance with this Subdivision, an employee, other than a casual employee, takes a period of compassionate leave, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the period. Note: For casual employees, compassionate leave is unpaid leave.

COMPENSATION LEAVE

H52 Compensation leave is covered by the Safety Rehabilitation and Compensation Act 1988, and is determined by Comcare Australia in the event of employment related illness or injury.

MISCELLANEOUS LEAVE (WITH & WITHOUT PAY)

H53 Miscellaneous leave may be granted by the Director (delegate), having regard to the operational requirements and depending on the purpose of the leave.

H54 Approved miscellaneous leave with pay counts as service for all purposes. Approved miscellaneous leave without pay, unless otherwise authorised in writing at the time of approval, will not count as service for any purpose.

H55 Miscellaneous leave without pay does not count as service for any purpose except as provided for under the Long Service Leave (Commonwealth Employees) Act 1976, the Superannuation Act 1976, the Superannuation Act 1990 and the Superannuation Act 2005.

H56 Generally staff undertaking miscellaneous leave without pay for a period of twelve months or more will be unattached from their position. Where 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 leave.  Where this is not practical, other duties will be sought, with the redeployment, reduction and redundancy provisions applying to any placement.

H57 An indicative list of some of the circumstances in which miscellaneous leave may be granted is contained in the Miscellaneous Leave Guidelines as varied from time to time.

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Purpose of leave With/Without pay

Summary of provision/limit of leave which may be approved

Accompany spouse/ partner on a Commonwealth posting or a posting in

the interests of the Commonwealth

Without pay Maximum period is the period during which the employee’s spouse/partner is required to perform the duties of the posting. Leave may be granted where the spouse/partner is: The holder of a Commonwealth office; Employed by the Commonwealth; Employed by an authority of the Commonwealth; Employed by a body corporate incorporated under a state or territory

law, in which the Commonwealth has a controlling interest; or Employed in a capacity that is directly relevant to Australia’s national

interest (eg. United Nations agency) and is posted by their employer.

Attend international sporting events With pay Applicable only to an employee who is an accredited official or competitor to attend a significant international sporting event, as determined by the Agency Head (delegate) on a case-by-case basis.

Attend jury service With pay As necessary - provision of proof of duration and attendance required.

Bereavement Leave/To Attend a Funeral

With Pay Up to 3 days per bereavement or more at the discretion of managers.

Disaster situations With pay May be granted when an employee’s home or contents have been destroyed or significantly damaged by a disaster. Limit of four (4) days, but may be extended by the Agency Head (delegate) at the end of that period in exceptional circumstances.

Donate blood With pay As necessary

Employment in the interests of the service

Without pay Agency Head (delegate) must be satisfied that the employment is in the interests of the APS and no conflict of interest exists. A one (1) year maximum period.

Leave for local government purposes With pay /without pay

May be granted to an employee who is a duly elected office holder of a local government council:

for a maximum period of three (3) days in any 12 months period, to enable them to attend formal meetings of council; or

if they are mayor/president of the council, five (5) days in any 12 month period, to enable them to attend to the duties of the local government office.

NB: the 12 months period starts on the date or anniversary of the date the employee becomes an office holder, or mayor/president of the council.

Personal reasons Without pay Limit of one (1) year, but may be extended by the Agency Head (delegate) at the end of that period in accordance with agency guidelines. Will not normally be granted for the purposes of trying out a second career.

Returned soldiers for medical purposes etc.

With pay Subject to presentation of satisfactory evidence of the need for such leave:two (2) weeks every 12 months.

Attendance at industrial proceedings With pay An employee required, by Fair Work Australia, to attend industrial proceedings will be granted leave. Leave is not to be granted to more than two (2) representatives of a union at a time in respect of any one proceeding.

War service related illness/injury With pay Up to nine (9) weeks non-accumulative. Up to an additional nine (9) weeks at a rate of three (3) weeks per year.

Witness in legal proceedings With pay / without pay

Period required to attend, to give evidence in legal proceedings.

Attend to legal matters Accompanying immediate family

with, legal or other personal matters

Completing administrative and legal procedures relating to adoption

Moving House Attend urgent household matters or

repairs Attending cultural or religious

obligations, including observance of religious holidays which are not formally designated as public holidays in the agreement

Attending National Aboriginal and Islander Day Observance Committee (NAIDOC) ceremonies

Attending graduation ceremonies

With pay Up to two days every 12 months or more at the discretion of the Director (delegate).

Personal Matters With pay Up to one day every 12 months, on a non-cumulative basis, is to be granted to an employee, on application, without the need to specify the

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Purpose of leave With/Without pay

Summary of provision/limit of leave which may be approved

reason for the absence.

LONG SERVICE LEAVE

H58 An employee is eligible for long service leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976.

H59 The minimum period during which long service leave can be taken is seven calendar days (at full or half-pay).  Long service leave cannot be broken with other periods of leave, except as otherwise provided by legislation.

PARENTAL LEAVE

H60 Employees have an entitlement to parental leave in accordance with Division 5 of Part 2-2 of the Fair Work Act 2009.

H61 Parental leave is without pay and does not count as service for any purpose.

H62 Refer to clause F61 of this agreement for details regarding access to flexible work arrangements, including part-time work, on return from Parental Leave.

MATERNITY LEAVE

H63 Refer to clause F61 of this agreement, for details regarding access to flexible work arrangements, including part-time work, on return from Maternity Leave.

H64 Twelve weeks maternity leave is provided for eligible employees under the Maternity Leave (Commonwealth Employees) Act 1973. This agreement provides an additional two weeks paid leave to be taken immediately following the 12 week period of paid Maternity Leave provided under the Maternity Leave (Commonwealth Employees) Act 1973, to count for service for all purposes.

H65 In order to provide for more flexible administration of Maternity Leave, an employee may elect to either:

a. take their entitlement of their 14 week mandatory period of absence at full pay, orb. take an additional 14 weeks on maternity leave without pay, and spread payment

of the 14 week period of required absence over the total period of absence of 28 weeks, at a rate of half normal salary.

H66 The additional leave beyond the 14 weeks will not count as service for any purpose.

RETURN TO WORK AFTER PARENTAL OR MATERNITY LEAVE

H67 On ending parental or maternity leave, an employee is entitled to return to:

a. their pre-parental/maternity leave duties; orb. where those duties no longer exists – 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.

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H68 For the purposes of this clause, duties means those performed:

a. where the employee was moved to safe duties because of the pregnancy – immediately before the move; or

b. where 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.

SUPPORTING PARTNER’S LEAVE

H69 The Director (delegate) will grant 10 days full pay leave or 20 days at half pay to employees following the birth (adoption or fostering) of a child. This provision is not applicable to employees who have utilised maternity, adoption, fostering or permanent care leave for the same birth, adoption or fostering of a child.

ADOPTION LEAVE

H70 Adoption leave will be approved for the purposes of:

• travelling to and returning from the location where the employee first accepts responsibility for the adopted child

• recuperating with the child upon returning home

Documentary evidence must be submitted on application for leave.

H71 An employee may elect for the purposes of adopting a child under the age of 16 years to:

a. take their entitlement of their 14 week period of absence at full pay, orb. take an additional 14 weeks on adoption leave without pay, and spread payment

of the 14 week period of required absence over the total period of absence of 28 weeks, at a rate of half normal salary.

H72 Adoption leave is non-gender specific.

H73 The adopted child must not have previously lived with the employee for a continuous period of six months or more. The adopted child must not be a child or step-child of the employee or the employee’s partner unless that child had not been in the custody and care of the employee or the employee’s partner for a significant period.

H74 An employee with less than twelve months continuous service in the APS is eligible for adoptive leave, but only as leave without pay.

H75 Adoption leave with pay counts as service for all purposes and must be taken within 66 weeks from assuming responsibility for the child.

FOSTER PARENT’S LEAVE

H76 An employee who has assumed long term responsibility for fostering a child under the age of 16 years, and is the primary carer of that child, will be entitled to 14 weeks paid leave. This entitlement will 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: a. by a person / organisation with statutory responsibility for the placement  of the

child; andb. where the child is not expected to return to their family.

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H77 An employee who is entitled to Foster Parents Leave under this clause may elect to either:

a. take their entitlement for the 14 week period of absence at full pay, orb. take an additional 14 weeks as Foster Parents Leave without pay, and spread

their payment for the 14 week period of required absence over the total period of absence of 28 weeks, at a rate of half normal salary

H78 The additional leave beyond the 14 weeks will not count as service for any purpose

H79 An employee who has assumed long term responsibility for fostering a child, and is the supporting (ie, not the primary) carer will be entitled to up to two weeks paid leave, refer to H68.

LEAVE FOR ADF RESERVE AND CONTINUOUS FULL TIME SERVICE OR CADET FORCE OBLIGATIONS

H80 An employee may be granted leave (with or without pay) to enable them to fulfil Australian Defence Force (ADF) Reserve and Continuous Full Time Service (CFTS) or Cadet Force obligations.

H81 An employee is entitled to ADF Reserve leave with pay, for up to four weeks 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.

H82 ADF 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.

H83 Eligible employees may also apply for annual leave, long service leave, leave without pay, top-up pay or may use flextime or make up time for the purpose of fulfilling ADF Reserve, CFTS or Cadet Force obligations.

H84 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.

Note:  The entitlement to leave for Reserve Service is prescribed under the Defence Reserve Service (Protection) Act 2001.

COMMUNITY SERVICE LEAVE

H85 Employees who are members of recognised community service organisations will have access to paid leave for emergency service responses and reasonable recovery time. This will be limited to four days initially but may be extended by the Agency Head (delegate) at the end of that period. Unpaid leave will also be available for regular training and ceremonial duties.

H86 Employees will also be entitled to be absent from work without pay to participate in eligible community services in accordance with Division 8 of Part 2-2 of Chapter 2 of

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the Fair Work Act 2009.

H87 The Director (delegate) may grant a reasonable amount of leave without pay to undertake other community volunteering for organisations registered with Volunteering Australia. The amount of community service leave granted will be subject to the operational requirements of the employee's workplace.

H88 Community service work must not:

• involve any payment in cash or kind to the employee for work performed• replace a paid worker• generally be undertaken solely for direct personal benefit• be work which does not have a community focus• present a conflict of interest for OPH• be primarily focused on promoting particular religious or political views

H89 The Director (delegate) may grant other leave of absence to the employee for a purpose that the Director (delegate) considers to be in the interests of the Commonwealth, having regard to the operational requirements of the agency.

H90 Leave under clause H87 may be granted:

a. for the period requested or for another periodb. with or without payc. subject to conditions

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PART I – SUPPORTIVE WORK ENVIRONMENT

HOME BASED WORK

I1 Home based work is a voluntary agreement between the agency and an employee that enables work to be performed at home. Home based work can be initiated by an employee or by a manager and requires consultation between both the employee and the manager. Applications for home based work will be considered on a case by case basis taking into account the operational requirements of the agency in accordance with the Home Based Work Guidelines.

EYESIGHT TESTING/SPECTACLE REIMBURSEMENT

I2 The agency will meet the full cost of one set of prescribed spectacles or contact lenses, where they are certified as necessary:

• to undertake specialised work tasks (eg. microscopy) which require particular visual acuity not normally required for general tasks, such as screen based equipment

I3 The agency will meet the full cost of prescription safety glasses where:

• safety glasses are required to perform agency work tasks• the attending/dispensing optometrist’s invoice or letter certifies that the lenses

and frames comply with AS 1337

EXTRA CARE DEPENDANT COSTS

I4 In recognition of dependant care responsibilities, the Director (delegate) may authorise reimbursement of reasonable expenses arising from additional dependent care arrangements which are necessary because:

• the employee is required to travel away from their normal work location for business purposes

• the employee is directed to work additional hours, or to attend a conference or training course outside the employee's regular hours of work

• other special circumstances exist which the Director (delegate) considers justifies the payment of reasonable expenses arising from additional dependent care responsibilities

I5 Reimbursement of such expenses is subject to the employee obtaining prior approval to the arrangement from the Director (delegate).

LOSS, DAMAGE & INDEMNITY

I6 Where a manager determines that loss or damage to an employee’s clothing or personal effects is attributable to the employee’s work, the manager may approve reimbursement of the reasonable cost of repair or, if irreparable, the reasonable cost of replacement.

OCCUPATIONAL HEALTH & SAFETY

I7 OPH is committed to a strategic approach to continuously improving our Occupational Health and Safety (OH&S) performance. OPH’s policy on OH&S enables effective cooperation between the employer and employees on OH&S matters. The aim of the policy is to create and maintain a safe and healthy work environment and fulfil responsibilities under the Occupational Health and Safety (Commonwealth Employment) Act 1991 (OH&S Act), which also includes the

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requirement to have an OH&S Committee. The OH&S policy and the management of employees who are ill and injured policies are outlined in agency employment

policies and guidelines. Employees who are considered at risk due to the nature of their work are required to undertake preventative assessments. Any dispute arising through the application of policy, procedures or guidelines, may be dealt with through the dispute resolution process in this agreement.

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PART J – WORKFORCE MANAGEMENT

PROBATION

J1 Probation is in accordance with section 22 of the Public Service Act 1999, which provides for the engagement of employees on probation and OPH Probation Policy, as varied from time to time through the normal consultative process. The probation period is generally three months but the delegate may set an alternate period of probation where appropriate (but not beyond six months).

PUBLIC AFFAIRS OFFICERS

J2 Duties assigned to a position that requires an employee to hold a relevant public affairs degree or diploma or to have extensive work experience, and to use professional public relations and communication skills and abilities must be classified as either:

a. Executive level 1 (locally designated OPH Public Affairs Officer Grade 3); orb. Executive level 2 (locally designated OPH Senior Public Affairs Officer 1.1); orc. Executive level 2 (locally designated OPH Senior Public Affairs Officer 2.1).

SPECIAL TRAINEE PROGRAMS

J3 The agency may from time to time establish special trainee programs to develop basic skills to assist and support transition into the workforce. Employees recruited to a Special Trainee Program will undertake a course of training as determined by the Director (delegate). Upon successful completion of the training requirements trainees will be allocated to the APS 2 classification at a salary determined by the Director (delegate) subject to vacancies at this level.

OPH GRADUATES

J4 OPH Graduate employees will be engaged at the APS 3.1 pay point (unless otherwise determined by the delegate). OPH Graduate employees will be required to undertake a course of training determined by the Director (delegate). On completion of the Graduate development year and subject to their performance being assessed as satisfactory, OPH Graduates then at the APS 3 level, will be advanced to the APS 4 level, with a salary point at or above APS 4.1 pay point, as determined by the Director (delegate).

Junior Rates

J5 Junior rates of pay will apply to the minimum pay point of the APS 2 classification as follows:

AGE RATE OF PAYUnder 18 years 60% of the equivalent adult rate of payat 18 years 70% of the equivalent adult rate of payat 19 years 81% of the equivalent adult rate of payat 20 years 91% of the equivalent adult rate of pay

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OPH CADETS

J6 OPH Cadets will be engaged at the APS 2.1 pay point (unless otherwise determined by the delegate). OPH Cadets will be required to undertake a course of study determined by the Director (delegate). When the Director (delegate) is satisfied that the course of study has been successfully completed, the Cadet will be allocated an operational classification at the APS 3 level, with a salary point at or above the minimum pay point for the APS 3 level, as determined by the Director (delegate). Refer to clause J7 of this agreement, for Cadet rates of pay.

Cadet Rates

J7 Cadet rates of pay as a percentage of the APS 2 equivalent adult rate of pay will apply as follows:

• Practical training @ 100%• Full-time study @ 57%Leave taken during periods of full-time study will be paid at the appropriate full-time study rate.

J8 Junior rates of pay apply to both practical training and full-time study rates for cadets.

Trainee Rates

J9 Employees engaged under a Special Trainee Program as per clause J3, will be paid in accordance with the table in Schedule 3. Trainee employees will be eligible for pay progression on 1 January each year to the next number of years since leaving school pay point as per Schedule 3, provided they have met the standard expected under the Performance and Development Scheme. The provisions of clauses C48 will also apply to Trainee employees.

Supported Salary for Employees with a Disability(Employment at Lower than Specified Salary Levels)

J10 Employees who have a disability to the extent that they meet the impairment criteria for the Disability Support Pension (DSP) may be employed under this agreement, and be paid a supported salary appropriate to the APS classification in which they are employed, at a rate below the salary levels prescribed in this agreement.

J11 Refer to Part L of this agreement for details of the Supported Wage System.

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PART K – MANAGEMENT OF EXCESS EMPLOYEES REDEPLOYMENT

K1 Redeployment and redundancy provisions apply only to ongoing employees. They do not apply to ongoing employees on probation or non-ongoing employees employed for a specified period, specified task or on an irregular or intermittent basis.

K2 An employee is an excess employee if:

• the employee is included in a class of employees employed in the agency, which class comprises a greater number of employees than is necessary for the efficient and economical working of the agency;

• the services of the employee cannot be effectively used because of technological or other changes in the work methods of the agency or (structural or other) changes in the nature, extent or organisation of the functions of the agency; or

• the duties usually performed by the employee are to be performed at a different locality, the employee is not willing to perform duties at the locality and the Agency Head has determined that the provisions of this clause apply to that employee.

K3 Where an employee becomes excess or potentially excess through a variety of reasons, (e.g. where OPH programs are nearing completion or the restructure of work areas), the Agency Head (delegate) will discuss with the employee possible options. Potentially excess employees may be placed on a local priority placement register. Excess employees will be placed on a local priority placement register and if they request may be placed on a OPH-wide priority placement register. Employees on a priority placement register will be considered for vacant ongoing positions at their substantive level, in isolation from and not in competition with other applicants for an advertised vacant position. If an employee is considered suitable, he/she will be reassigned to the duties of the vacant position. An employee will be considered not suitable if the delegate is satisfied that he/she is unable to demonstrate that they have the capacity to perform the duties of the vacant position currently, or within a reasonable period of time. A reasonable period will usually be three months. In the interests of facilitating placement an independent person will participate in the assessment process.

K4 The claims of excess employees for ongoing positions at their substantive level will be considered prior to any decision to notify vacancies in the Australian Public Service Gazette.

K5 The Director (delegate) will take all reasonable steps, consistent with the interests of the efficient administration of OPH, to move an excess employee to a suitable vacancy at the same level within OPH.

K6 The Director (delegate) may facilitate swaps at same level between excess OPH employees who wish to remain employed and are assessed as suitable for available duties and employees who wish to be redundant.

REDUNDANCY

Accelerated Separation Arrangements

K7 OPH may provide employees likely to be subject to the redundancy provisions of this agreement with an accelerated separation option. In addition to the severance benefit, this option provides employees who have been identified as eligible to elect for voluntary redundancy and whose employment comes to an end 14 days after the election, an amount of ten weeks salary (or 11 weeks salary for an employee 45 years of age with a least five years continuous service). The payments made under this clause are inclusive of any statutory entitlement to payment in lieu of notice.

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K8 This option is available to employees who exit from OPH prior to the commencement of any formal consultation with employees and, where they choose, their nominated representatives, noting that at any time, the employee may nominate a representative they wish to be involved in this matter, in which case the Agency Head (delegate) will hold discussions with the employee and their representative.

K9 Where an employee has elected not to accept an offer under this option, the redundancy provisions of this agreement will then apply.

Consultation Process

K10 When the Agency Head (delegate) is aware that an employee is likely to become excess, the Agency Head (delegate) will advise the employee of the situation at the earliest practicable time.

K11 The Agency Head (delegate) will hold discussions with the employee to consider whether voluntary retrenchment might be appropriate. Where the employee nominates a representative they wish to be involved in this matter, the Agency Head (delegate) will hold discussions with the employee and their representative.

K12 Where 15 or more employees are likely to become excess the Agency Head (delegate) will comply with the provisions of sections 530 and 531 of the Fair Work Act 2009.

K13 The Agency Head (delegate) shall advise those employees who are identified as excess to requirements as soon as practicable.

K14 The maximum period of time all for these consultations shall not be greater than one month (four weeks) from the date of advice of excess requirements.

Voluntary Redundancy

K15 Where the Agency Head (delegate) invites an excess employee to elect for voluntary redundancy, the employee will have one month in which to make an election.

K16 Within two weeks of the beginning of the month referred to in clause K15, an employee invited to elect for voluntary redundancy will be given information on the following, at the time of the offer:

• amount of severance pay, pay in lieu of notice and paid up leave credits;• options available to the employee concerning superannuation (through Comsuper

or another provider)• taxation rules applying to the various payments (through the Australian Taxation

Office)

K17 Where an election is made and OPH accepts the election, the Agency Head (delegate) will not give notice of termination before the end of the one month period referred to in clause K15, unless the employee chooses to waive the remainder of the period.

K18 Financial assistance will be provided (up to a maximum of $600) for financial advice.

K19 Only one opportunity to elect for voluntary redundancy will be provided to an excess employee.

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Period of Notice

K20 The Agency Head (delegate) will retrench the employee by giving the required notice of termination under section 29 of the Public Service Act 1999. The period of notice will be four weeks (or five weeks for an employee over 45 with at least five years of continuous service).

K21 Where an employee’s employment is terminated at the beginning of, or within, the notice period the employee will receive payment in lieu of notice as set out in the the Fair Work Act 2009 for the unexpired portion of the notice period.

Redundancy Benefit

K22 An employee who elects for retrenchment with a redundancy benefit and whose employment is terminated by the Agency Head (delegate) under section 29 of the Public Service Act 1999 on the grounds that he/she is excess to the requirements of OPH is entitled to payment of a redundancy benefit of an amount equal to two (2) weeks’ salary for each completed year of continuous service, plus a pro-rata payment for completed months of service since the last completed year of service, subject to any minimum amount the employee is entitled to under the National Employment Standards.

K23 The minimum sum payable will be four weeks salary and the maximum will be 48 weeks salary.

K24 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 National Employment Standards.

Service for Severance Pay Purposes

K25 Service for severance pay purposes means:

• service in OPH• government service as defined in section 10 of the Long Service Leave

(Commonwealth Employees) Act 1976• 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

• service with the Australian Defence Forces• service in another agency, where the employee was moved from the APS to that

agency with a transfer of function; or an employee engaged by that agency 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

K26 For earlier periods of service to count there must be no breaks between the periods of service, except where:

• the break in service was less than one month and occurred where an offer of employment in relation to the second period of service was made and accepted by the employee before the first period of service ended (whether or not the two periods of service are with the same employer or agency)

• the earlier period of service was with the APS and ceased because the employee was deemed to have resigned from the APS on marriage under the repealed section 49 of the Public Service Act 1922

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K27 Any period of service which was terminated by way of:

• an employee being excess to requirements• an employee lacking or losing an essential qualification• physical or mental incapacity• non-performance or unsatisfactory performance of duties• failure to complete an entry-level training course• failure to meet a condition imposed under subsection 22(6) of the Public Service

Act 1999• breach of the APS Code of Conduct• voluntary retirement at or above the minimum retiring age applicable to the

employee, or with the payment of a redundancy benefit or similar payment, or with the payment of an employer-financed retirement benefit will not count as service for severance pay purposes

K28 Absences from work, which do not count as service for Long Service Leave purposes will not count as service for severance pay purposes.

Rate of Redundancy Payment

K29 For the purpose of calculating any payment under clauses K21-27, salary will include:

• the employee's salary at their substantive classification level or• for the purposes of Long Service Leave in Lieu, annual leave and severance the

salary of the higher work value level, where the employee has been working at the higher level for a continuous period of at least 12 months immediately preceding the date on which the employee is given notice of the termination of employment

• where the employee has been in receipt of commuted penalties for 50% or more of the pay periods in the 12 months preceding being given notice of termination of employment. A weekly average of penalties due over the 12 months will be included in the salary

• other allowances in the nature of salary, which are paid during periods of annual leave and on a regular basis, and

• excludes allowances, which are a reimbursement for expenses incurred or living allowances such as the Remote Locality Allowance.

RETENTION PERIODS

K30 An excess employee who does not agree to be retrenched with the payment of a redundancy benefit will be entitled to the following period of retention:

a. 56 weeks where the employee has 20 years or more service or is over 45 years of age or

b. 30 weeks for all other employees

K31 If an employee is entitled to a redundancy payment under the National Employment Standards the relevant period in the above clause is reduced by the number of weeks redundancy pay that the employee will be entitled to under the National Employment Standards on termination, as at the expiration of the retention period (as adjusted by this clause).

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Commencement of Retention Period

K32 The retention period will commence on the earlier of the following:

• the day the employee is advised in writing by the Agency Head (delegate) that they are an excess employee or

• one month after the day on which the Agency Head (delegate) invites the employee to accept voluntary redundancy under clause K15

K33 The retention period will be extended by any periods of certified sick leave taken during the retention period.

Employer Responsibilities

K34 During the retention period the Agency Head (delegate):

• will continue to take reasonable steps to find alternative employment for the excess employee, including advising the employee of any APS employment opportunities known to the Agency Head (delegate) and providing up to $5000 for career transition support to be approved by the Agency Head (delegate)

• may with four weeks notice, move the excess employee to a job with a lower APS classification. The employee will receive income maintenance to maintain their salary at the previous higher level for the balance of the retention period.

Employee Obligations

K35 During the retention period the employee:

• will take reasonable steps to find alternative employment and• actively participate in learning and development activities, trial placements or

other arrangements agreed to, to assist in obtaining a permanent placement.

Assistance for Reasonable Incurred Expenses

K36 An excess employee may request assistance in meeting reasonable travel and incidental expenses incurred in seeking alternative employment where these are not met by the prospective employer.

K37 Where an excess employee is required to move their household to a new locality as a result of a movement or reduction in classification they will be entitled to reasonable expenses.

Payment in Lieu of Retention Period

K38 Where the Agency Head (delegate) considers there is no reasonable prospect of redeployment in the APS, and the Agency Head (delegate) is satisfied that there is insufficient productive work available for the employee within OPH during the remainder of their retention period, the Agency Head (delegate) may, with the agreement of the employee, terminate the employee’s employment under section 29 of the Public Service Act 1999 on the grounds that the employee is excess to requirements and pay the balance of the retention period as a lump sum, reduced by an amount equivalent to the NES redundancy entitlement. This payment will be taken to include the payment in lieu of notice of termination of employment.

INVOLUNTARY TERMINATION OF EMPLOYMENT

K39 Subject to clauses K38-40, the Agency Head (delegate) may, under section 29 of the Public Service Act 1999, involuntarily terminate the employment of an excess employee at the end of the retention period.

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K40 An excess employee will not have their employment terminated involuntarily if the employee has not been invited to accept an offer of voluntary redundancy or has elected to have their employment terminated but the Agency Head (delegate) has refused to approve it.

K41 An excess employee will not have their employment terminated involuntarily without being given four weeks notice (or five weeks notice for an employee over 45 with at least five years of continuous service) of termination of employment, or payment in lieu of notice. These periods of notice will, as far as practicable, be concurrent with the retention periods.

TERMINATION OF NON-ONGOING EMPLOYMENT

K42 This clause applies to non-ongoing employees, other than:

• employees who are serving a period of probation

K43 Non-ongoing employment may be terminated for reasons other than misconduct, for example where:

• the duties for which the employee was engaged are no longer available• the duties for which the employee was engaged have been completed ahead of

time • a decision has been made that the duties for which the employee was engaged

are no longer required to be performed• there is unsatisfactory performance or unsatisfactory conduct• any other grounds as provided for in this agreement

K44 Where the employment of a non-ongoing employee is terminated for reasons other than misconduct, the Agency Head (delegate) may approve a payment to the employee at the applicable rate of pay in accordance with the table K44.1. Such payment will be considered to be inclusive of payment in lieu of any required period of notice on and after the commencement of the National Employment Standards, section 117 of the Fair Work Act 2009 subject to payment meeting the minimum notice requirements of that act.

Table K44.1

Period of service foregone Payment

Not more than six (6) months 1 week (plus one (1) additional week if over 45 with at least five (5) years continuous service)

More than six (6) months but not more than 12 months Four (4) weeks

More than 12 months but not more than 18 months Eight (8) weeks

More than 18 months but not more than 24 months 12 weeks

More than 24 months but not more than 30 months 16 weeks

More than 30 months 20 weeks

K45 An employee whose employment has been terminated for reasons other than a breach of the APS Code of Conduct will retain eligibility for relocation to their place of recruitment and removal of their personal effects to the place of recruitment, where these conditions are included in their employment contract or notice of engagement.

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PART L - SUPPORTED WAGE SYSTEM

DEFINITIONS

L1 In this Part, the following definitions will apply:

Supported Wage System means the Commonwealth Government System to promote employment for people who cannot perform work at full salary because of a disability.

Accredited Assessor means a person accredited by the managing unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual's productive capacity within the Supported Wage System.

Disability Support Pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

Assessment Instrument means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

ELIGIBILITY CRITERIA

L2 Subject to the following two paragraphs, employees covered by the provisions of this Part will be those who are unable to perform the range of duties to the competence level within the class of work for which the employee is engaged, because of the effects of a disability on their productive capacity and who meet the impairment criteria test for receipt of a Disability Support Pension.

L3 These provisions do not apply to:

• any existing employee who has a claim against the Commonwealth which is subject to the provisions of workers' compensation legislation or any provision of this agreement relating to the rehabilitation of employees who are injured in the course of their employment or

• an employer in respect of their facility, program, undertaking service or the like which receives shelter under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a Disability Support Pension, except with respect to an organisation which has received recognition under section10 or section 12A of the Act, or if in part only has received recognition, that part

SUPPORTED SALARY RATES

L4 Employees to whom the provisions in this Part apply will be paid the applicable percentage of the relevant salary rate prescribed below for the class of work for which the person is performing according to the following schedule, (provided that the minimum shall not be less than $72 per week):

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L5 Supported Salary Rates Percentages

Assessed Capacity % of Prescribed Salary Rate10%*20%30%40%50%60%70%80%90%

10%20%30%40%50%60%70%80%90%

* Where a person’s assessed capacity is 10%, they shall receive a high degree of assistance and support.

ASSESSMENT OF CAPACITY

L6 For the purpose of establishing the percentage of the salary rate to be paid to an employee under the provisions of this Part, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument.

LODGEMENT OF ASSESSMENT INSTRUMENT

L7 All assessment instruments, under the conditions of this clause, including the assessment of the percentage of the salary to be paid to the employee, will be lodged by the employee with Fair Work Australia.

L8 All assessment instruments will be agreed and signed by the parties to this agreement to the assessment.

Review of Assessment

L9 The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review will be in accordance with the procedures for assessing capacity under the Supported Wage System.

OTHER TERMS AND CONDITIONS OF EMPLOYMENT

L10 Where an assessment has been made, the applicable percentage will apply to salary only. Employees covered by the provisions of this Part will be entitled to the same terms and conditions of employment as all other employees covered by this agreement paid on a pro-rata basis.

WORKPLACE ADJUSTMENT

L11 Where the Director (delegate) employs a person under the provisions of this Part, reasonable steps to make changes in the workplace will be taken to enhance the employee's capacity to do the job. Changes may involve re-design of job duties, working arrangements and work organisation in consultation with other employees in the area.

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TRIAL PERIOD

L12 In order for an adequate assessment of the employee's capacity to be made, the Director (delegate) may employ a person under the provisions of this Part for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

L13 During that trial period the assessment of capacity will be undertaken and the proposed salary rate for a continuing employment relationship will be determined.

L15 Where the Director (delegate) and the employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the assessment outcome.

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SCHEDULE 1 – CLASSIFICATION STRUCTURE AND PAY RATESSalary rates from:

APS Levels Current OPH Salary Rate

Increase to salary point

1/07/2011 1/07/2012 1/07/20133.50% 2.75% 2.75%

APS Level 11/2.1 $38,422 $39,767 $40,860 $41,9841/2.2 $40,728 $42,153 $43,313 $44,5041/2.3 $43,172 $44,683 $45,912 $47,174

APS Level 21/2.4 $45,762 $47,364 $48,666 $50,0041/2.5 $48,508 $50,206 $51,586 $53,005

APS Level 33.1 $50,130 $51,885 $53,311 $54,7773.2 $51,635 $53,442 $54,912 $56,4223.3 $53,181 $55,042 $56,556 $58,1113.4 $54,776 $56,693 $58,252 $59,854

APS Level 44.1 $56,423 $58,398 $60,004 $61,6544.2 $58,116 $60,150 $61,804 $63,5044.3 $60,863 $62,993 $64,726 $66,505

APS Level 55.1 $61,655 $63,813 $65,568 $67,3715.2 $63,502 $65,725 $67,532 $69,3895.3 $65,406 $67,695 $69,557 $71,470

APS Level 66.1 $67,371 $69,729 $71,647 $73,6176.2 $69,392 $71,821 $73,796 $75,8256.3 $71,473 $73,975 $76,009 $78,0996.4 $73,618 $76,195 $78,290 $80,4436.5 $77,570 $80,285 $82,493 $84,761

Executive Level 1Exec 1.1 $82,857 $86,000 $88,365 $90,795

1.2 $86,875 $89,916 $92,388 $94,9291.3 $89,234 $92,357 $94,897 $97,5071.4 $93,930 $97,218 $99,891 $102,638

Executive Level 2 Exec 2.1 $105,308 $108,994 $111,991 $115,071

2.2 $108,468 $112,264 $115,352 $118,5242.3 $113,665 $117,643 $120,878 $124,2032.4 $119,633 $123,820 $127,225 $130,7242.5 $123,723 $128,053 $131,575 $135,193

PAO PAO 3.1 $86,875 $89,916 $92,388 $94,929PAO 3.2 $95,779 $99,131 $101,857 $104,658PAO 3.3 $102,241 $105,819 $108,729 $111,720PAO 3.4 $108,468 $112,264 $115,352 $118,524

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SCHEDULE 2 – ALLOWANCES

Clause Payment Current paymentFrom first full pay period after1/7/2011

From first full pay period after1/7/2012

From first full pay period after1/7/2013

E25 Meal Allowance $25.16 $25.91 $26.69 $27.49

E33 Cadet Allowance $1,022 pa $1,236 pa $1,273pa $1,311 pa

E34

First Aid/Health and Safety Rep/Warden and Harassment Contact Officer Allowance

$26.22 fn $27.00 fn $27.82 fn $28.65 fn

E43 Part Day TA (non SES) $52.56 $54.13 $55.76 $57.43

Note: Motor Vehicle Allowance covered under the relevant ATO ratesSCHEDULE 3 – TRAINEE (APS ADMINISTRATIVE) PAY RATES

Annual Rate of Pay From date of lodgement 12 months after commencementHighest year of school completed Year 10 Year 11 Year 12 Year 10 Year 11 Year 12In school or school leaver $14,177 $16,484 $19,167 $14,602 $16,979 $19,742

Plus 1 year out of school $16,484 $19,167 $22,288 $16,979 $19,742 $22,957

Plus 2 years out of school $19,167 $22,288 $25,915 $19,742 $22,957 $26,692

Plus 3 years out of school $22,288 $25,915 $30,446 $22,957 $26,692 $31,359

Plus 4 years out of school $25,915 $30,446 $30,446 $26,692 $31,359 $31,359

Plus 5 years out of school $30,446 $30,446 $30,446 $31,359 $31,359 $31,359

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SCHEDULE 4 – PRINCIPLES FOR WORKPLACE DELEGATES

The role of union workplace delegates and other elected union representatives is to be respected and facilitated.

Agencies and union workplace delegates must deal with each other in good faith. In discharging their representative roles at the workplace level, the rights of union workplace delegates include but are not limited to:

the right to be treated fairly and to perform their role as workplace delegates without any discrimination in their employment

recognition by the agency that endorsed workplace delegates speak on behalf of their members in the workplace

the right to participate in collective bargaining on behalf of those whom they represent, as per the Fair Work Act

the right to reasonable paid time to provide information to and seek feedback from employees in the workplace on workplace relations matters at the agency during normal working hours

the right to email employees in their workplace to provide information and seek feedback, subject to individual employees exercising a right to opt out’

undertaking their role and having union representation on an agency’s workplace relations consultative committee

reasonable access to agency facilities (including telephone, facsimile, photocopying, internet and email facilities, meeting rooms, lunch rooms, tea rooms and other areas where employees meet) for the purpose of carrying out work as a delegate and consulting with members and other interested employees and the union, subject to agency policies and protocols

the right to address new employees about union membership at the time they enter employment

the right to consultation, and access to relevant information about the workplace and the agency

the right to reasonable paid time to represent the interests of members to the employer and industrial tribunals

In discharging any roles that may involve undertaking union business, the rights of union workplace delegates include but are not limited to:

reasonable paid time during normal working hours to consult with other delegates and union officials in the workplace, and receive advice and assistance from union staff and officials in the workplace

reasonable access to appropriate training in workplace relations matters including training provided by a union

reasonable paid time off to represent union members in the agency at relevant union forums

In exercising their rights, workplace delegates and unions will consider operational issues, departmental policies and guidelines and the likely affect on the efficient operation of the agency and the provision of services by the Commonwealth.

For the avoidance of doubt, elected union representatives include APS employees elected to represent union members in representative forums, including, for example, CPSU Section Secretaries, Governing Councillors and Section Councillors, and Australian Professional Engineers Scientists and Managers Australia, Government Division Committee members.

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