- outside the span of hours as set out in clause B5.7; and/or
- on Saturdays or Sundays on a regular and ongoing basis.
A shift worker may be required, as a part of their regular roster, to work public holidays.
Ordinary Hours of Work
B6.2 A shift work position may have ordinary weekly hours of either 36.75 or 38.00 hours per week.
B6.3 36.75 Hours Per Week Position
The ordinary daily hours are seven hours and twenty one minutes for a full time employee. The ordinary weekly hours are 36.75 hours for a full time employee, performed on the following basis:
- 36.75 hours within a period not exceeding seven consecutive days; or
- 73.5 hours within a period not exceeding fourteen consecutive days; or
- 147 hours within a period not exceeding twenty-eight consecutive days, or
- any other period of twelve months or less and agreed in writing between the manager/supervisor and the employee to provide for an average weekly hours of 36.75 hours per week over the agreed period.
B6.4 38.00 Hours Per Week Position
The ordinary daily hours are seven hours and thirty six minutes for a full time employee. The ordinary weekly hours are 38.00 hours for a full time employee, performed on the following basis:
- 38.00 hours within a period not exceeding seven consecutive days; or
- 76.00 hours within a period not exceeding fourteen consecutive days; or
- 152 hours within a period not exceeding twenty-eight consecutive days, or
- any other period of twelve months or less and agreed in writing between the manager/supervisor and the employee to provide for an average weekly hours of 38.00 hours per week over the agreed period.
B6.5 A part-time employee will work less than the ordinary weekly hours of work for a full-time employee.
B6.6 The head of service may, after consulting with the employees affected and the employees representatives, and following agreement of a majority of employees affected, introduce:
- shift work;
- a new roster; or
- an arrangement of shift cycles.
B6.7 Subject to subclause B6.8, rosters setting out the start times, finish times, and rotation of shifts over at least a twenty-eight day period will be posted at least fourteen days prior to the commencement of the roster.
B6.8 Amendments may be made to rosters to meet the operational or business needs of a particular business unit. These amendments will be made available as soon as practicable.
B6.9 The ordinary weekly hours may be averaged over a period of up to four weeks (twenty-eight calendar days), or a longer period of no more than twelve months as agreed in writing between the manager/ supervisor and the employee affected.
Payment for an Employee Rostered Off on a Public Holiday
B6.10 Where an employee is:
- normally rostered to perform work on a particular day of the week; and
- is scheduled to be on a rostered day off on this particular day; and
- the particular day is a public holiday,
the employee will be granted a days leave in lieu of a public holiday, which occurs on a day on which that employee is rostered off duty.
B6.11 The day in lieu provided for in subclause B6.10 must be granted within one month after the holiday, if practicable.
B6.12 Where it is not practicable to grant a days leave in lieu in accordance with subclause B6.11, the employee will be paid one days pay at the ordinary hourly rate of pay.
Meal Break
B6.13 Unless there are exceptional and unforeseen circumstances, an employee will not be required to work for more than five hours without a break for a meal of at least thirty minutes duration. Meal breaks will not count as time worked unless specific provisions are made for in this Agreement.
B6.14 The term 'meal break' does not require the employee to partake of a meal during the break period.
B6.15 The provisions of subclause B6.13 may be varied by agreement between the Manager/Supervisor and a majority of employees concerned in a workplace.
B6.16 An employee who works up to six hours in a day may, at the employees discretion, work up to six hours without a meal break to accommodate the employees personal circumstances and work/life balance.
B6.17 An employee who is required, due to operational reasons, to continue working through the employees meal break will be paid an additional 50% of the employees ordinary hourly rate of pay from the scheduled time of commencement of the break until the employee is provided a break or commencement of a period of overtime following completion of ordinary hours of work.
B7 Flextime
B7.1 Flextime will provide the framework for an employees, other than a casual employees, pattern of attendance at work to be varied according to the needs of the employee and the requirements of the work unit. It is not a system that is designed to increase or reduce the total number of hours that must be worked. Flextime is not available to shift workers whose hours of work are provided for in clause B6.
B7.2 For flextime arrangements to work effectively managers and employees have a responsibility to manage hours of work to ensure that individuals are not building up excessive flex credits without:
- the opportunity to access flextime accrued; and
- being productively employed i.e. a manager/supervisor may require an employee not to accumulate flex credits before 8:30 am or after 4:51 pm where there is insufficient work or an employee cannot be sufficiently managed.
B7.3 Subject to subclause B7.4, only employees at or below the Senior Officer Grade C level (or equivalent classification, including Legal Officer 1) will participate in flextime.
B7.4 Flextime is not accrued by employees who are engaged in shift work or those employees entitled to accrued days off in accordance with clause B8 of this Agreement.
B7.5 Hours of work arrangements will be in accordance with operational requirements and occupational health and safety principles. This means that patterns of working hours that have the potential to impact on the health of an employee, such as working long hours in a condensed period or avoiding meal breaks so as to depart early from work, should be avoided.
B7.6 As far as practicable, an employee will not be required to work for longer than five hours without a break of a minimum of thirty minutes duration except whilst undertaking fire fighting duties or other declared emergency activities.
B7.7 The span of hours for employees eligible for flextime provisions will be from 7:00 am to 7:00 pm, Monday to Friday.
B7.8 Employees may work outside the span of hours stipulated at subclause B7.7 where an employee and the manager/supervisor so agree. This provision is designed to add flexibility in exceptional circumstances and is not intended to replace normal overtime provisions.
B7.9 Where an employee works outside the span of hours in accordance with subclauses B5.8 or B7.8, these hours will be considered normal hours of duty and will not attract overtime payments or time off in lieu provisions on an hour for hour basis, unless otherwise agreed between the employee and the manager/supervisor prior to the work being performed.
B7.10 A settlement period will comprise two pay periods (i.e. four weeks).
B7.11 Starting and finishing times within the span of hours are to be determined for individual work areas by the head of service based on operational needs.
B7.12 An employee may have a maximum flextime credit equal to the employees normal weekly hours of duty, at the end of the settlement period. This may be varied by agreement between the manager/supervisor and the employee.
B7.13 There is no provision to cash out flextime credits either during a period of employment or upon separation or transfer out of the ACTPS.
B7.14 The maximum flextime debit that may accrue is ten hours in any settlement period. Any debit in excess of the maximum debit, at the end of a settlement period, will be considered to be leave without pay and deducted in accordance with overpayment process at clause D5.
B7.15 Any flextime debits an employee has if the employee ceases employment with the ACTPS will be recovered from any termination payment owing to the employee, except in the case of death.
B7.16 Accrued flextime credits will be taken at such times and in such a period or periods as are agreed between the employee and the manager/supervisor and approved prior to taking accrued flextime. It is the responsibility of both the employee and the relevant manager/supervisor to take steps to ensure that accrued flextime credits can be taken as time off, in accordance with this clause.
B7.17 An employee not complying with these flextime provisions may be directed to work standard hours or the employees standard working pattern. Standard hours are 8:30 am to 12:30 pm and 1:30 pm to 4:51 pm Monday to Friday, for an employee whose hours of work are provided for in subclause B5.3 (36.75 Hours per Week Non Shift Workers) and 8:30 am to 12:30 pm and 1:30 pm to 5:06 pm Monday to Friday, for an employee whose hours of work are provided for in subclause B5.4, (38.00 Hours per Week Non Shift Workers), Monday to Friday, unless otherwise agreed in writing by the employee and the manager/supervisor.
B8 Accrued Days Off (ADOs)
B8.1 An employee to whom this clause applies is entitled to a day/shift off duty using bankable leave accrued as a result of increasing the employees daily hours of work e.g. increasing from 7 hours 36 minutes to 8 hours.
B8.2 An employee may apply to take an ADO as a whole day or part of a day by agreement with the manager/supervisor. ADOs will be approved by the manager/supervisor subject to operational requirements. If the manager/supervisor does not approve an accrued day off because of operational requirements, the manager/supervisor will consult with the employee to determine a mutually convenient alternative time (or times) for the employee to take the leave.
B8.3 Accrual towards an ADO does not occur when an employee is on any form of leave with the exception of annual leave, paid personal leave and compassionate leave.
B8.4 ADOs will not be taken in advance and must only be taken when the equivalent time has been accrued.
B8.5 An employee may bank a maximum of six ADOs with the approval of the employees manager/supervisor.
B8.6 For each day or shift an employee is absent on annual leave, paid personal leave or compassionate leave, leave credits will be reduced by the number of ordinary hours that the employee would have worked on that day or shift (including time accrued for the ADO). Each day or shift of paid annual leave, paid personal leave or paid compassionate leave taken during the cycle of shifts will therefore be regarded as a day worked for accrual towards an ADO.
B8.7 Where an employee, who has accrued credit towards an ADO, ceases employment with the ACTPS and it is not practical for the employee to utilise that credit, will have the accrued ADO credit paid on separation. The rate at which any unused ADO credit will be paid will be the rate of pay, including any applicable higher duties allowance, that is in effect on the date of separation.
B9 Casual Employment Arrangements
Minimum Attendance
B9.1 The minimum payment on each occasion when a casual employee is called for and attends for duty will be three hours, whether or not the casual employee is required to work for those three hours.
Rate of Pay
B9.2 A person engaged as a casual employee will be paid at the same rate of pay as would be applicable to an employee performing the duties and hours of that role. In addition the casual employee will receive a loading of the ordinary hourly rate of pay set out in Annex A to this Agreement instead of paid leave entitlements, other than long service leave, and instead of payment for public holidays on which the employee did not work.
B9.3 The loading that will apply for the duration of this Agreement will be as follows:
- 22.5% from the commencement of this Agreement until 30 June 2015; and then
- 25% from 1 July 2015.
Payment for Shift Work
B9.4 A casual employee is eligible to receive payment of shift penalties in accordance with clause C8.
B9.5 The loading paid under subclause B9.3 is not taken into account in the calculation of shift work penalty payments.
Overtime
B9.6 A casual employee is eligible to receive payment for overtime in accordance with clause C9.
B9.7 A casual employee is eligible for payment of overtime in respect of all hours worked in excess of either seven hours and twenty-one minutes or seven hours and thirty-six minutes, as applicable, on any day or shift.
B9.8 The loading paid under subclause B9.3 is not taken into account in the calculation of overtime payments.
Overtime Meal Allowance
B9.9 A casual employee is eligible to receive payment of overtime meal allowances in accordance with clause C10.
B9.10 The term meal break does not require the employee to partake of a meal during the break period.
Payment for Public Holidays
B9.11 A casual employee is not eligible for payment in respect of public holidays, unless the employee works on a public holiday.
B9.12 Where a casual employee does work on a public holiday, the casual employee is entitled to the appropriate shift penalties or overtime payments described in subclauses C8.7 and C9.15.
Leave
B9.13 A casual employee is not eligible for paid leave other than long service leave.2">
B10 Record Keeping
B10.1 The ACTPS will keep records relating to the employees work, including records about attendance and pay, in accordance with the requirements of the FW Act and the FW Regulations.
B10.2 The employee will record the time of commencing and ceasing duty for each day. These records will be provided to the manager/supervisor where the manager/supervisor so requests.
B11 Outsourcing and Use of Contractors
B11.1 The ACTPS is committed to promoting permanent employment and job security for employees within the ACTPS and accordingly agrees to the provisions in this clause.
B11.2 The ACT Government is committed to:
- minimising the use of consultants/contractors across the ACTPS;
- minimising the use of sub-contractors and increase the use of direct employment of workers across the ACTPS;
- reviewing and assessing outsourced services with the ambition of returning these to direct ACT Government provision where the review demonstrates a beneficial outcome to the community;
- supporting direct employment relationships, but where sub-contractors are operating, that industrial and legal mechanisms to protect their rights, be developed and implemented.
B11.3 Upon request a Joint Working Party will be convened and:
- will consist of an equal number of union and Government representatives;
- will be chaired by a Government representative; and
- will provide written reports to each Joint Council meeting.
B11.4 Any recommendations of the Joint Working Party endorsed by the Joint Council will be referred to the Strategic Board and UnionsACT.
B11.5 The Chief Minister and Treasury Directorate will:
- inform the relevant DCC or equivalent of any recommendations endorsed by the Joint Council; and
- provide the DCC or equivalent with regular reports on the use of consultants/contractors in the Directorate.
B11.6 To assist in the promotion of permanent employment for employees, the ACTPS will ensure that the employees of any consultants/contractors the ACTPS proposes to engage receive fair and reasonable pay and conditions, having regard to any applicable industrial instruments, including awards and enterprise agreements.
B12 Notice of Termination
B12.1 Where an employees employment is to be terminated at the initiative of the employee, the employee will provide written notice of their resignation from the ACTPS to the head of service at least two weeks prior to the proposed date of the resignation.
B12.2 The period of notice required in subclause B12.1 may be reduced by agreement in writing between the employee and the head of service.
Section C Rates of Pay and Allowances
C1 Part-Time Employment
C1.1 Persons engaged on a part-time basis will receive, on a proportionate basis, equivalent pay and conditions to those of full time employees.
C2 Pay Increases
C2.1 Employees will be paid in accordance with the employees classification and rates of pay set out in Annex A to this Agreement.
C2.2 Pay increases that will apply to pay rates for all classifications set out in Annex A of this Agreement will be:
- $2090.00 or 2% per cent, whichever is the greater, effective from 1 July 2013. This increase will be paid no later than the second pay day following the commencement of this Agreement; and any back pay will be paid as soon as reasonably possible; and
- Two 1.5% increases payable from the first pay period on or after 1 July 2014 and 1 April 2015; and
- Two 1.5% increases payable from the first pay period on or after 1 October 2015 and 1 April 2016; and
- Two 1.5% increases payable from the first pay period on or after 1 October 2016 and 1 April 2017.
C2.3 A person who was an employee of the ACTPS on 1 July 2013 and who separated from the ACTPS before the commencement of this Agreement will be paid any difference between the rate of pay under clause C2 of this Agreement and the rate which the former employee was paid in the same classification on separation. Any monies paid to the employee by the ACTPS on separation will be adjusted in the same manner as the rate of pay.
C3 Method of Payment
C3.1 Employees will be paid fortnightly in arrears and by electronic funds transfer into a financial institution account of the employees choice.
C3.2 The ACTPS commits to paying employees their ordinary fortnightly pay and allowances on the appropriate payday. The ACTPS also commits to paying any shift penalties, overtime payments and higher duties allowance as soon as reasonably possible but not later than within two pay periods of the appropriate authorisation having been received by the relevant corporate area.
C3.3 The ordinary fortnightly pay will be based on the following formula:
Fortnightly pay = annual rate of pay x 12 / 313
C3.4 A part-time employee will be paid pro-rata based on the employees agreed ordinary hours.
C3.5 An employee will, with the approval of the head of service, be advanced the pay due for any period of approved paid annual or long service leave. Advancement of pay will be subject to payroll processing timeframes. The approval of the head of service will not be unreasonably withheld.
C4 Payroll Deduction for Union Fees
C4.1 Upon request by the union, the ACTPS will facilitate arrangements for payroll deductions for union fees. The ACTPS agrees that it will not impose any limitations or impediments to an employee utilising payroll deductions for union fees that do not apply to other regular payroll deductions, such as health insurance.
C5 Pay Points and Increments
C5.1 A person who is engaged by the ACTPS, or an employee who is promoted or is approved to perform the duties of a higher office, is entitled to be paid at the first pay point for the classification level.
C5.2 Despite subclause C5.1, the head of service may approve a person who is engaged by the ACTPS, or an employee who is promoted or approved to receive higher duties allowance, to be paid at a higher pay point within that classification level.
C5.3 Increments apply to both an employee's permanent and higher duties classification. When an employee has completed twelve months higher duties within a twenty four month period an increment will be paid and all further instances of higher duties will be paid at this level.
C5.4 Previous service at a higher duties pay must be considered when determining a pay point should the employee be promoted to that classification, and will be used to determine the date at which increments fall due.
C5.5 An employee is entitled (subject to there being no Underperformance or Discipline action undertaken in accordance with Section H Workplace Values and Behaviours) to be paid an annual increment on and from the relevant anniversary of the date of commencement in the position for the employee concerned.
C5.6 Accelerated incremental advancement may occur as follows:
- A person who is engaged by the ACTPS, or an employee who is promoted or approved to perform higher duties, may be paid at a higher pay point within that classification level.
- at the time annual incremental advancement is due: i.e., at the time an employee is eligible for annual incremental advancement (either in the substantive or higher duties position); or
- at any other time between periods of annual incremental advancement,subject to a maximum of two additional increments within the classification range being awarded to the employee in a twelve month period (excluding any additional increments awarded to the employee on commencement in the position in accordance with subclause C5.2).
C5.7 In considering whether to approve payment at a higher pay point (as per subclause C5.2), or accelerated advancement (as per subclause C5.6), the head of service will take into account such factors as:
- the employees:
- qualifications, and
- relevant work and personal experience, and
- current pay, and
- ability to make an immediate contribution; and
C6 Graduate and Cadet Programs, Traineeships, and Apprenticeships
C6.1 An ACTPS Directorate may run various entry level programs in the light of operational needs and available resources. All employment arrangements for entry level positions, including graduates, cadets, trainees and apprentices should be fair and attractive.
C6.2 Rates of pay for employees engaged in Graduate and Cadet Programs, Traineeships, and Apprenticeships are set out at Annex A to this Agreement.
C6.3 Where an entry level program comprising work and structure training is introduced, the following subclauses will apply:
- The program will comply with the requirements of Australian Apprenticeships or Traineeships where relevant.
- Entry to the program will be by merit selection.
- The length of the probation period will be notified prior to the commencement of the program.
- A person will be engaged either as a graduate, cadet, trainee or apprentice for the duration of the program.
- If, following the successful completion of the program and a rating of competent or better on their performance plan, a vacant funded position exists, the graduate, cadet, trainee or apprentice will be appointed as an officer, or will have their appointment as an officer confirmed, or will be promoted into a classification that is appropriate without the need for a further merit selection process.
- An internal merit selection process will be used where the number of graduates, cadets, trainees or apprentices potentially suitable for appointment or promotion on completion of the program exceeds the number of available permanent funded positions.
C6.4 Where a program exceeds twelve months duration and there is provision in the applicable rates of pay, a person is entitled, subject to there being no Underperformance or Discipline action undertaken in accordance with Section H, to be paid an annual increment on and from the relevant anniversary of the date of commencement in the position concerned.
C7 Higher Duties Allowance
C7.1 Higher Duties Allowance (HDA) is payable to an officer who is directed to temporarily perform the duties of a position with a higher classification.
Selection for HDA
C7.2 If a position is expected to be available for a period of six months or longer the position must be advertised in the gazette.
C7.3 If a position is expected to be available for a period of less than six months advertisement in the gazette is not required.
C7.4 Periods of higher duties should not normally extend beyond twelve months. If after twelve months the position is nominally vacant it will be advertised unless there are exceptional circumstances.
C7.5 Nothing in this clause will restrict casual or temporary employees performing duties of a higher office in accordance with the PSM Act and the PSM Standards.
Periods of HDA
C7.6 An officer who is acting in a position with up to a maximum pay of an ASO 6 or equivalent, for a period of one day or more, will be paid HDA for that period.
C7.7 An officer acting in a position with a pay or maximum pay greater than the maximum pay of an ASO6 or equivalent will be paid HDA for a period of five consecutive days or more. This payment will occur from day one, provided the total period of higher duties is five days or more.
C7.8 Where the officer on temporary transfer is to perform the full duties of the higher position, HDA is calculated as the difference between the staff members current pay and a point in the pay range of the higher position determined by the head of service in accordance with clause C5.
C7.9 Where the officer is performing only part of the duties of the higher position and the higher position is at least two levels above the officers current substantive level, payment of partial HDA may be agreed between the manager/supervisor and the officer, prior to the commencement of the temporary transfer.
C7.10 The rate of payment for partial HDA will be a point in the pay range(s) of the intervening level(s). The head of services decision on the rate of payment of partial HDA will take into account the specified part of the duties of the higher position that the officer is to perform.
C7.11 An officer receiving HDA is entitled to normal incremental progression for the officers substantive position. This increment gained while performing HDA is maintained upon the officer ceasing the higher duties.
C7.12 Previous higher duties service will be considered in determining the appropriate pay point for future periods of higher duties.
C8 Payment for Shift Workers
Payment of Shift Penalties
C8.1 An employee who is a shift worker and who is rostered to perform and performs ordinary duty on a shift, any part of which falls between the hours of 6:00 pm and 6:30 am, will be paid an additional 15% of the employees ordinary hourly rate of pay, for that shift.
C8.2 An employee who is a shift worker and who is required to work ordinary hours continuously for a period exceeding four weeks on a shift falling wholly within the hours of 6:00 pm and 8:00 am, will be paid an additional 30% of the ordinary hourly rate of pay for that shift.
C8.3 The additional payment prescribed by this clause will not be taken into account in the computation of overtime or in the determination of any allowance based upon pay. The additional payment will not be paid for any shift for which any other form of penalty payment is made under this Agreement, or under the provisions of the PSM Act or the PSM Standards under which the employee is employed.
Payment Whilst on Annual Leave
C8.4 Additional payment for shift duty, as provided by this clause, is to be made in respect of any such duty that an employee would have performed had the employee not been on approved annual leave.
Payment for Shift Duty on a Saturday
C8.5 For all rostered time of ordinary duty performed between midnight on Friday and midnight on Saturday by an employee to whom this clause applies, an employee will be entitled to an additional payment of 50% of the employees ordinary hourly rate of pay.
Payment for Shift Duty on a Sunday
C8.6 For all rostered time of ordinary duty performed between midnight on Saturday and midnight on Sunday by an employee to whom this clause applies, an employee will be entitled to an additional payment of 100% of the employees ordinary hourly rate of pay.
Payment for Shift Duty on a Public Holiday
C8.7 For all rostered time of ordinary duty performed between midnight on the day before a public holiday, as described in clause F10, and midnight on the public holiday, by an employee to whom this clause applies, an employee will be entitled to an additional payment of 150% of the employees ordinary hourly rate of pay.
C9 Overtime
Eligibility for Payment of Overtime
C9.1 An employee may be required or requested to work reasonable additional hours of duty at any time that the employee is required, subject to the payment for overtime in accordance with the conditions set out in this clause, and the reasonable additional hours provisions of the FW Act.
C9.2 Overtime rates will be payable for duty that the head of service requires an employee to perform on any day from Monday to Friday inclusive, which is worked:
- in the case of a non-shift employee only, before 7:00 am and/or after 7:00 pm (or such other span of hours as may have been agreed under subclause B5.8; or
- in the case of a non-shift employee only, between 7:00 am and 7:00 pm (or such other span of hours as may have been agreed under subclause B5.8 but beyond the employees ordinary daily hours, and which is not worked under the flextime provisions at clause B7; or
- in the case of a shift worker only, beyond the employees ordinary hours of work, and which is not worked under the provisions of clause B8.
C9.3 Overtime rates are payable for all duty that the head of service requires an employee to perform on a Saturday, Sunday or Public Holiday that is in addition to the employees ordinary weekly hours of work.
C9.4 Subclauses C9.1 to C9.3 apply to employees up to and equivalent to the top incremental point of the AS06 or equivalent.
C9.5 Except with the approval of the head of service, an employee who occupies a position with a classification having an annual pay of a Senior Officer Grade C (or equivalent) or higher is not eligible to receive payment under this clause.
C9.6 Overtime approved under subclause C9.5 for Senior Officers will be calculated at the maximum hourly overtime rate for an ASO6 for any senior officer, or other employee whose substantive pay exceeds the highest pay point of an ASO6. At the request of the employee, hours worked outside normal working hours may be taken as time in lieu on an hour for hour basis.
Minimum Attendance for Overtime
C9.7 Where an employee is required to perform overtime duty that is not continuous with ordinary duty the minimum period of overtime payable for each separate overtime attendance is four hours.
C9.8 For the purposes of subclause C9.7 meal periods do not break continuity of duty.
C9.9 Where an overtime attendance that is not continuous with ordinary duty involves duty both before and after midnight and a higher overtime rate applies on one of the days covered by the overtime attendance, the minimum payment will be calculated at the higher rate.
C9.10 Where an employee on an on call or close call situation as provided for in clause C14 or clause C15, the minimum payment for overtime will be three hours or one hour in accordance with subclauses C14.6 or C15.8 or C14.10 or C15.12 respectively.
Payment of Overtime
C9.11 For the purposes of calculating overtime payments, each day or shift will stand-alone.
C9.12 An employees annual pay for the purpose of calculating the overtime payment, will include higher duties allowance and/or any allowance that is payable for all purposes.
C9.13 Overtime payment rates for overtime worked on any day from Monday to Saturday inclusive, are:
Time and a Half
Annual Pay ×12/313×3/2×1/76
for the first three hours worked on a day/shift; andAnnual Pay ×12/313×2/1×1/76
for any further overtime worked on that day/shift.Sunday Rate of Payment
C9.14 An employee who works overtime on a Sunday will be paid a rate of double time at the employees ordinary hourly rate of pay for all time worked.
Public Holiday Rate of Payment
C9.15 An employee who works overtime on a public holiday or on a substituted public holiday as defined in clause F10 of this Agreement will be paid a total rate of double time and a half at the employees ordinary hourly rate of pay for all time worked.
Alternatives to Payment of Overtime
C9.16 Where agreed between the manager/supervisor and the employee, the employee will be granted time off instead of overtime.
C10 Overtime Meal Allowance
Eligibility for Meal Allowance
C10.1 An employee who works overtime is entitled to payment of overtime meal allowance where the overtime is worked:
- after the end of ordinary duty for the day, to the completion of or beyond a meal period, and any subsequent meal period, without a break for a meal; or
- after the completion of the employee's ordinary hours of duty for the day, and after a break for a meal which occurs after that completion and where the employee is not entitled to payment for that break; or
- before the commencement of ordinary hours of duty, and before a break for a meal which occurs after that completion and where the employee is not entitled to payment for that break; or
- on a Saturday, Sunday or public holiday, in addition to the employee's normal weekly hours of duty, extending beyond a meal break and where the employee is not entitled to payment for that break.
Meal Periods
C10.2 For the purposes of subclause C10.1 a meal period will mean the following periods:
- 7:00 am to 9:00 am;
- 2 noon to 2:00 pm;
- 6:00 pm to 7:00 pm; and
- midnight to 1:00 am.
C10.3 The rate of pay for overtime meal allowance is set out in Annex C.
C10.4 Where an appropriate meal is obtainable by the employee at a canteen, cafeteria or dining room conducted, controlled, or assisted by the ACTPS, the amount of meal allowance will be the maximum amount for which an appropriate meal is obtainable at the canteen, cafeteria or dining room. The rate payable under this clause is in substitution for the rate in Annex C.
C11 Rest Relief after Overtime
C11.1 In this clause employee refers to employees other than casual employees.
C11.2 Unless the head of service directs an employee to report for duty earlier, the employee must have a continuous period of eight hours off duty between ceasing overtime duty following normal duty one day, and commencing normal daily hours of work the following day.
C11.3 An employee is entitled to be absent from duty, without loss of pay, until the employee has been off duty for a continuous period of eight hours plus reasonable travel time.
C11.4 If an employee is required by the head of service to return to duty without having had eight consecutive hours off duty, plus reasonable travelling time, the employee must:
- be paid at double the ordinary hourly rate of pay until the employee is released from duty for that period; and
- the employee will then be entitled to be absent until the employee has had eight consecutive hours off duty plus reasonable travelling time, without loss of pay for any ordinary working time occurring during that absence.
C11.5 The provisions of subclauses C11.1 to C11.4 do not apply to overtime worked in the circumstances covered by clause C17 unless the actual time worked (excluding travelling time) is at least three hours on each call.
C12 Payment for Public Holiday Duty
C12.1 An employee who is not a shift worker and who works on a public holiday for a period that is:
- not in excess of the employees ordinary weekly hours; and
- not outside of the employees limit of daily hours; and
- not in excess of the employees ordinary daily hours,will be entitled to an additional payment of 150% of the employees ordinary hourly rate of pay.
C13 Daylight Saving Arrangements
C13.1 During the changes to and from Australian Eastern Standard Time and Australian Eastern Daylight Time employees will be paid by the clock, with the exception of casual employment arrangements under clause B9 and overtime arrangements under clause C9 which will be paid according to the hours actually worked. This means that at the beginning of daylight saving employees working an overnight shift will work one hour less but will still be paid for the full shift, and when daylight saving ends employees will work for an extra hour but will be paid according to the clock.
C14 On-Call Allowances
C14.1 Where an employee is required or directed, prior to ceasing duty, by the employee's manager/supervisor to be contactable and available to be recalled to duty within a reasonable time outside the employees ordinary hours of duty (a restricted situation), the employee will be entitled to be paid an on-call allowance of:
- ten percent of the employees hourly rate of pay for each hour of on-call Monday to Friday;
- fifteen percent of the employees hourly rate of pay for each hour of on-call on Saturday and Sunday;
- twenty percent of the employees hourly rate of pay for each hour of on-call on public holidays and accrued days off.
C14.2 An employees pay for the purpose of calculation of payment under this clause will include higher duties allowance and other allowances in the nature of pay.
C14.3 Employees at the ASO 6 (or equivalent) classification and below will be eligible for payment of the on-call allowance. However, the head of service may approve payment of the on-call allowance to employees above this level in exceptional circumstances.
C14.4 Where approval has been made for payment under subclause C14.3 to an employee above the ASO6 (or equivalent) classification, the hourly rate of pay will be the maximum of the ASO6 (or equivalent) classification.
C14.5 The on-call allowance is not payable for any period that the employee does not hold himself or herself at the required degree of readiness to be recalled to duty.
C14.6 Where an employee who had been placed in an on-call situation is recalled to duty at a designated place of work, the employee will be paid at the applicable overtime rates, subject to a minimum payment of three hours overtime being made to the employee.
C14.7 The provisions of clause C17 will not apply where an employee is recalled to duty while on on-call.
C14.8 The on-call allowance is not payable for any period of time where overtime payments are made. Therefore, if the employee performs a period of duty for which overtime is payable, the on-call allowance is not paid for a period equal to the overtime period.
C14.9 Recalled to duty at a designated place of work means a recall to perform duty at any designated place of work and is not limited to a recall to perform at the employees usual place of work. For example, a tradesperson may have a usual place of work, but while the tradesperson is restricted the tradesperson might be recalled to perform duty at a number of different places of work.
C14.10 Where an employee who has been placed in an on-call situation is recalled for duty, but is not required to be recalled to their usual place of work (for example, where an employee is able to access computer systems at home via remote access), the employee will be paid at the applicable overtime rates, subject to a minimum payment of one hour overtime being made to the employee.
C14.11 If a recall to duty attracts a minimum overtime payment, subsequent recalls will attract a further minimum overtime payment(s) only if the employee commences after the minimum payment period has elapsed. For the purposes of this clause, the minimum payment period is either three hours or one hour, as set out in subclauses C14.6 and C14.10, from the commencement of the recall to duty that attracts the overtime payment.
C15 Close Call Allowance
C15.1 Where an employee is required or directed, prior to ceasing duty, by the employee's supervisor to be contactable and available for immediate recall to duty outside the employees ordinary hours of duty (a close call situation), the employee will be entitled to be paid a close call allowance of:
- twenty percent of the employees hourly rate of pay for each hour of close-call Monday to Friday; or
- thirty percent of the employees- hourly rate of pay for each hour of close-call on Saturday and Sunday; or
- forty percent of the employees hourly rate of pay for each hour of close-call on public holidays and accrued days off.
C15.2 An employee placed in a close call situation must:
- remain within a radius of thirty minutes vehicle travelling time from the work site; and
- commence the return to work journey immediately on being recalled, being within five minutes from time of recall.
C15.3 The head of service may, in special circumstances, allow an employee who cannot meet these requirements to be deemed to be on close call if the employee is able to return to the worksite within forty-five minutes from the time of recall.
C15.4 An employees pay for the purpose of calculation of payment under this clause will include higher duties allowance and other allowances in the nature of pay.
C15.5 Employees at the ASO 6 classification (or equivalent) and below will be eligible for payment of the close call allowance. However, the head of service may approve payment of the close call allowance to employees above this level in exceptional circumstances.
C15.6 Where approval has been made for payment under subclause C15.5 to an employee above the ASO6 (or equivalent) classification, the hourly rate of pay will be the maximum of the ASO6 (or equivalent) classification.
C15.7 The close call allowance is not payable for any period that the employee does not hold himself or herself at the required degree of readiness to be recalled to duty.
C15.8 Where an employee who has been in a close call situation is recalled to duty at their place of work, the employee will be paid at the applicable overtime rates, subject to a minimum payment of three hours overtime being made to the employee.
C15.9 The provisions of clause C17 will not apply where an employee is recalled to duty while on close call.
C15.10 Where the employee performs a period of duty for which overtime is payable, the close call allowance is not paid for a period equal to the overtime period.
C15.11 Recalled to duty at their place of work means a recall to perform duty at any designated place of work and is not limited to a recall to perform at the employees usual place of work. For example, a tradesperson may have a usual place of work, but while the tradesperson is in a close-call situation the tradesperson might be recalled to perform duty at a number of different places of work.
C15.12 Where an employee who had been placed in a close call situation is recalled for duty, but is not required to be recalled to their place of work (for example, where an employee is able to access computer systems at home via remote access), the employee will be paid at the applicable overtime rates, subject to a minimum payment of one hour being made to the employee.
C15.13 If a recall to duty attracts a minimum overtime payment, subsequent recalls will attract a further minimum overtime payment(s) only if the employee commences after the minimum payment period has elapsed. For the purposes of this clause, the minimum payment period is either three hours or one hour, as set out in subclauses C15.8 and C15.12, from the commencement of the recall to duty that attracts the overtime payment.
C16 Rest Relief for On-Call or Close Call Situations
C16.1 Where an employee who had been placed in an on-call or close call situation under clause C14 or clause C15 is recalled to duty, the employee must, other than in exceptional circumstances, be given a genuine opportunity for having eight continuous hours rest in the twenty four hour period where there is a recall to duty.
C16.2 In addition to the eight hours rest relief, the employee must be allowed reasonable time to travel to and from the employees place of work.
C16.3 In exceptional circumstances, if an employee is required by the head of service to resume or continue ordinary work time without having the rest relief as set out in subclause C16.1, plus reasonable travelling time, the employee must:
- be paid an additional single time at the employees ordinary hourly rate of pay until the employee is released from duty for that period; and
- the employee will then be entitled to be absent until the employee has had eight consecutive hours off duty plus reasonable travelling time, without loss of pay for any ordinary working time occurring during that absence.
C16.4 There is a need for appropriate roster management processes to enable the effective implementation of subclause C16.1.
C17 Emergency Duty
C17.1 Where an employee is called on duty to meet an emergency at a time when the employee would not ordinarily have been on duty, and no notice of such call was given to the employee prior to ceasing ordinary duty, the employee will be paid for such emergency duty.
C17.2 The time for which payment will be made under this clause will include time necessarily spent in travelling to and from duty.
C17.3 The minimum payment under this clause will be two hours.
C17.4 The rate of payment for emergency duty will be double time at the employees ordinary hourly rate of pay.
C17.5 This clause does not apply to employees whose duty for the day is varied by alteration of the commencement of the scheduled shift to meet an emergency.
C18 Other Allowances
C18.1 Expense, disability and skill related allowances provided for in this Agreement are set out in Annex C.
C18.2 The rates for all allowances provided for in Annex C of this Agreement will be adjusted by the rate of increases in pay in accordance with subclause C2.2, except in Year 1 when the increase will be 2% payable on the first pay period on or after 1 July 2013.
C18.3 Despite clause C1, part-time and casual employees who satisfy the requirements for payment of an expense-related allowance will receive the full amount of allowance or payment prescribed in Annex C.
C18.4 Part-time and casual employees who satisfy the requirements for payment of a disability or skill related allowance under this Agreement will receive the allowance on a proportional basis.
C18.5 Allowances payable to casual employees under this Agreement are not subject to the loading prescribed in subclause B9.3.
C18.6 The following allowances, detailed in Annex C, may apply to any ACTPS employee:
- Overtime Meal allowance
- First Aid allowance
- Linguistic Availability/Performance allowance
- Intermittent Driving Duties allowance
- Excess Fares and Travelling Time
- Motor Vehicle allowance and Additional Rates of Motor Vehicle allowance.
C19 Reimbursement of Reasonable Relocation Expenses
C19.1 The purpose of this reimbursement is to provide financial assistance to employees recruited from interstate or overseas who are engaged on a permanent or long term temporary basis.
C19.2 The head of service may approve a reimbursement payment to a prospective employee as the head of service considers is reasonable in the prospective employees circumstances. The relevant pre-determined ceiling is set out below:
- Single with no dependants: $12,000
- Additional payment per dependant: $2,000 (first six dependants)
- Additional payment per dependant: $1,750 (seventh and further dependants)
C19.3 The head of service will inform the prospective employee of the predetermined ceiling prior to the prospective employees relocation.
C19.4 In order for a prospective employee to be reimbursed costs, valid receipts must be provided.
C19.5 For the purposes of this clause, dependant does not require actual financial dependency and includes members of the prospective employees immediate household including a domestic partner, parent, parent of domestic partner, brother, sister, guardian, foster parent, step-parent, step-brother, half-brother, step-sister, half-sister, child, foster child or step child residing with the employee at the time the offer is made.
C19.6 The head of service may approve payment in excess of the approved amount or ceiling in exceptional circumstances.
C19.7 In the event that the employee terminates their employment with an ACTPS business unit within twenty four months of the date of appointment and does not commence employment with another ACTPS business unit within one month, the employee may be required by the head of service to repay:
- in the case the employee terminates employment within twelve months from the date of appointment 100% of the relocation reimbursement; or
- in the case the employee terminates employment more than twelve months and less than twenty four months from the date of appointment 50% of the relocation reimbursement.
C20 Mature Age Payment
C20.1 Where the head of service considers that an employee has the knowledge, skills and experience that are essential for the ACTPS to retain, the head of service may approve additional remuneration benefits instead of employer superannuation contributions being made for any of the following:
- an employee who is seventy years or older and Commonwealth legislation precludes the payment of employer superannuation contributions for that employee; or
- an employee who is seventy years or older and whose preferred choice of fund rules precludes the payment of employer superannuation contributions; or
- an employee is aged between sixty five and seventy years and the employee does not meet the work test (as defined by relevant superannuation legislation and rules).
C20.2 Where Commonwealth legislation or choice of fund rules change to allow employer superannuation contributions to be made, the mature age payment will cease and superannuation contributions will re-commence. It is the responsibility of the employee to promptly request their manager/supervisor to seek to cease the mature age payment and to arrange to resume employer superannuation contributions for funds of choice.
C20.3 The date of effect for resumption of employer superannuation contributions under clause C20.2 will be from the next available pay day after the mature age payment ceases.
Section D Pay Related Matters
D1 Salary Sacrifice Arrangements
D1.1 Voluntary access to salary sacrifice arrangements will be made available to employees in accordance with policies and guidelines issued by the Commissioner for Public Administration from time to time.
D1.2 The employee will meet all costs incurred as a result of the salary sacrifice arrangements under these provisions.
D1.3 The employee's pay for superannuation purposes and severance and termination payments will be the gross pay that the employee would receive if the employee were not taking part in salary sacrifice arrangements.
D1.4 Changes to salary sacrifice arrangements, including taxation changes, will not be a cause for further claims against the ACTPS.
D1.5 The head of service will continue to provide appropriate information to employees concerning salary sacrifice arrangements.
D2 Attraction and Retention Incentives
D2.1 In some special circumstances it may be necessary for the head of service to determine that an employee or group of employees who are covered by this Agreement and who occupy certain positions should be provided with attraction and retention incentives that may differ from some of the terms and conditions under this Agreement.
D2.2 The framework under which attraction and retention incentives may apply during the life of this Agreement is set out in Annex B of this Agreement.
D3 Classification/Work Value Review
D3.1 An employee, or a group of employees, or the union(s) or other employee representatives, may present a case to request the head of service to undertake a classification/work value review of a position or group of positions.
D3.2 Where the head of service agrees to such a request the head of service will undertake the review in consultation with the employee(s) and the union(s) or other employee representatives.
D3.3 Where agreement cannot be reached on the need to conduct the review then the disagreement may be resolved in accordance with the dispute resolution procedure.
D3.4 Any classification/work value review will take into account market and other relevant comparators, including comparators that are considered pertinent to the skills, competencies and general responsibilities required of the position(s).
D3.5 These provisions do not affect the right of the head of service to undertake a classification/work value review at the initiative of the head of service.
D4 Supported Wage System
D4.1 Employees who are assessed as eligible to receive a supported wage under subclause D4.2 are to be paid the percentage of pay that corresponds to the employees assessed productive capacity and the class of work which the person is performing, provided that the minimum amount payable is not to be less than 10% of the second adult point of the ASO 1 pay range per week.
D4.2 The ACTPS will arrange for an assessment of the productive capacity of an employee in accordance with the processes contained in the National Minimum Wage Order issued annually by the FWC, except that the minimum rate payable will be as set out in clause D4.1.
D5 Overpayments
D5.1 An overpayment is any payment in respect of pay, allowance or leave, whether the overpayment is by accident or otherwise, to which the employee is not entitled.
D5.2 In the event that an employee has received an overpayment, the ACTPS will recover the overpayment in accordance with this clause.
D5.3 Where an overpayment has occurred, the head of service will advise the employee in writing, as soon as practicable, of the:
- pay period(s) in which the overpayment occurred; and
- nature of the overpayment; and
- gross and net components of the overpayment; and
- process for recovery of the overpayment; and
- proposed recovery rate.
D5.4 The head of service and the employee will agree on a reasonable recovery rate having regard for all of the circumstances prior to any recovery being made. Where agreement cannot be reached subclause D5.7 will apply.
D5.5 Any such agreement may include recovery of the overpayment by the ACTPS:
- as a lump sum; or
- by payroll deduction from pay.
D5.6 In respect to recovery action it may be agreed with the employee to adjust their leave credits instead of, or in combination with, a cash recovery.
D5.7 Where the head of service and the employee cannot agree a reasonable recovery rate, the overpayment will be recovered at the rate of up to 10% of the employees gross fortnightly pay, or such other rate determined by the head of service having regard for all of the circumstances.
D5.8 Despite subclauses D5.4 and D5.7, the recovery period will not usually exceed twenty six pay periods.
D5.9 Despite subclauses D5.4 and D5.7, where an employee has applied for leave without pay or leave at reduced pay with insufficient notice to allow pay adjustments to occur during the period of leave, the salary adjustment will be made to the next available pay, unless there are extenuating circumstances, and the employee will be notified of such an adjustment.
D5.10 Any outstanding money owing to the ACTPS when an employee ceases employment is to be recovered by deduction from any final entitlements payable to the employee.
D5.11 If a debt still exists further debt recovery action is to be taken unless the head of service:
- directs the recovery be waived, in part or in full, based on evidence provided by the employee of exceptional circumstance or that such recovery would cause undue hardship; or
- determines that an overpayment is not recoverable.
D5.12 Where the head of service determines that an overpayment is not recoverable, the provisions of the relevant directorates Financial Instructions, relating to the waiver and write off of monies, will apply.
D6 Underpayments
D6.1 Where the head of service agrees that an employee has been underpaid on the employees ordinary hourly rate of pay, and the employee requests, an offline payment for the amount owing will be made to the employee within three working days of the head of service receiving the request.
D6.2 Where a shift penalty, overtime payment or higher duties allowance is not made within two pay periods of the appropriate authorisation having been received by the relevant corporate area, and the employee requests, an offline payment for the amount owing will be made to the employee within three working days of the head of service receiving the request.
Section E Flexible Working Arrangements and Employee Support
E1 Work and Life Balance
E1.1 The ACTPS is committed to the concept of work and life balance and recognises the importance of employees balancing work and personal life.
E1.2 All employees have commitments outside the workplace. These commitments may relate to family, to the community and to general health and wellbeing. Given the diverse nature of the workforce in the ACT Public Service, it is recognised that employees have different needs at different times.
E1.3 The ACTPS recognises the need to provide sufficient support and flexibility at the workplace to assist employees in achieving work and life balance. While family friendly initiatives are important aspects of work and life balance, it is also important that all employees, at all stages in the employees working lives, are supported through this Agreement.
E2 Request for Flexible Working Arrangements
E2.1 In addition to the circumstances provided at clauses E2.2 and E3, an employee may apply as per subclause E2.3 to their manager/supervisor for flexible working arrangements to support their work and life balance. The manager/supervisor will respond to the employees request as per subclauses E2.4 E2.6.
E2.2 Notwithstanding the entitlement under E2.1, an employee may request flexible working arrangements, in accordance with the FW Act, in the following circumstances. The employee:
- has a parental or other caring responsibility for a child of school age or younger; or
- has a caring responsibility for an individual with a disability, a terminal or chronic medical condition, mental illness or is frail and aged; or
- has a disability; or
- is over the age of 55; or
- is experiencing domestic violence; or
- is providing personal care, support and assistance to a member of their immediate family or household because they are experiencing domestic violence.
E2.3 The request by the employee must set out, in writing, the details of the change sought and the reasons for that change.
E2.4 The manager/supervisor must respond to the request in writing within twenty-one days, providing the reasons for their decision.
E2.5 The manager/supervisor will only deny an employees request for variation to workplace arrangements provided under this Agreement where there are operational reasons for doing so.
E2.6 Where a request is not approved the manager/supervisor will consult with the employee to determine mutually convenient alternative arrangements.
E3 Employees with Caring Responsibilities
E3.1 Carers are employees who provide, in addition to the employees normal family responsibilities, care and support on a regular basis to other family members or other persons who are sick or ageing, have an injury, have a physical or mental illness, or a disability.
E3.2 Family members may include children, brothers or sisters, domestic partner, parents, grandparents and close relatives. In some cases, employees may be responsible for providing care to a neighbour or a friend who has no one to assist with day-to-day care.
E3.3 The ACTPS recognises that carer responsibilities vary considerably, depending on the level of care and assistance required and may be suddenly imposed, or may increase gradually. The ACTPS also recognises that, generally, employees are able to provide care and assistance outside normal working hours. However, there are times that employees are required to provide more support or assistance because of illness, injury or disability.
E3.4 To assist employees in balancing work and carer responsibilities, and to clarify the entitlement at sub-clause E2.2 (b), flexible working and leave arrangements are provided in this Agreement. Examples of these flexible working and leave arrangements include, but are not limited to:
- flexible starting and finishing times;
- ability to take a few hours off work, and make it up later;
- access to breast feeding facilities;
- access to personal leave for caring purposes for members of immediate family or household;
- home based work on a short or long term basis;
- part-time work;
- job sharing;
- purchased leave;
- annual leave;
- long service leave;
- leave without pay; and
- leave not provided for elsewhere.
E3.5 Access to the leave entitlements listed in subclause E3.4 is as provided for in this Agreement.
E4 Management of Excessive Hours
E4.1 The ACTPS recognises the importance of employees balancing work and personal life. The appropriate balance is a critical element in developing and maintaining healthy and productive workplaces. While it is acknowledged that peak workload periods may necessitate some extra hours being worked by some employees, this should be regarded as the exception rather than the rule. This subclause should be read in conjunction with subclause B7.2 and F23.
E4.2 Managers, supervisors and employees have a responsibility to minimise the extent to which excessive hours are worked. In the circumstances where work pressures result in the employee being required to work, or is likely to work, excessive hours over a significant period, the manager, supervisor and employee together must review workloads and priorities and determine appropriate strategies to address the situation. In doing so, the manager or supervisor will consider and implement one or more of the following strategies to reduce the amount of excessive hours being accumulated:
- review of workloads and priorities;
- re-allocation of resources;
- consideration of appropriate arrangements for time off in lieu or other recompense;
- review staffing levels and/or classifications within the work group.
E4.3 The head of service will consult with DCCs about the development and implementation of appropriate strategies to deal with issues associated with both paid and unpaid overtime.
E5 Regular Part-Time Employment
E5.1 A person may be employed in any classification as a part-time officer for an agreed number of regular hours that is less than the ordinary weekly hours specified in this Agreement for that relevant classification over a four-week period.
E5.2 Proposals to reduce hours below full-time employment may be initiated by the head of service for operational reasons or by an officer for personal reasons.
E5.3 Where an officer initiates a proposal the head of service will have regard to the personal reasons put by the officer in support of the proposal and to their business units operational requirements.
E5.4 The head of service will obtain the written agreement of a full-time officer before the officer converts to part-time.
E5.5 No pressure will be exerted on full-time officers to convert to part-time employment or to transfer to another position to make way for part-time employment.
E5.6 The agreed period, pattern of hours and days and commencement and cessation times for part-time work will be agreed between the officer and the officers manager/supervisor and recorded in writing.
Variation to Part-Time Hours
E5.7 Proposals to vary a part-time employment arrangement may be initiated by the head of service for operational reasons or by an officer for personal reasons.
E5.8 Where an officer initiates a proposal the head of service will, have regard to the personal reasons put by the officer in support of the proposal and to their business units operational requirements.
E5.9 The head of service will obtain the written agreement of the officer before the officers hours are varied.
E5.10 No pressure will be exerted on a full-time officer to vary the officers part-time employment or to transfer to another position to make way for part-time employment.
E5.11 The agreed period, pattern of hours and days and commencement and cessation times for part-time work will be agreed between the officer and the officers manager/supervisor and recorded in writing.
E6 Job Sharing
E6.1 In this clause employee refers to employees other than casual employees.
E6.2 Job sharing arrangements may be introduced by agreement between the head of service and the employee involved, subject to operational requirements. Employees working under job sharing arrangements share one full-time job and will be considered to be part-time with each working part-time on a regular, continuing basis.
E6.3 A full-time employee must request in writing permission to work in a job sharing arrangement. The head of service will agree to reasonable requests for regular job sharing arrangements, subject to operational requirements.
E6.4 The pattern of hours for the job sharing arrangement will be agreed between the employee and the head of service. However, any single attendance at the office-based worksite will be for not less than three consecutive hours.
E6.5 The employee who is in a job sharing arrangement and who was previously working full-time may revert to full-time employment before the expiry of the agreed period of job sharing if all parties to the arrangement agree.
E6.6 In the event that either employee ceases to participate in the job sharing arrangement, the arrangement will terminate.
E7 Part Time Employment Following Maternity Leave, Primary Caregiver Leave, Adoption or Permanent Care Leave or Parental Leave
E7.1 Subject to this clause, the head of service will approve an application by an officer employed on a full-time basis who returns to work after accessing maternity leave, primary caregiver leave, adoption or permanent care leave or parental leave, to work on a part-time basis for a period of up to three years from the birth, adoption of a child or granting of parental responsibility of a foster child.
E7.2 An application by an officer to access part-time work under this clause will only be approved where the officer agrees, where necessary, to become unattached.
E7.3 The maximum aggregate period of part-time employment that may be approved for an officer under subclause E7.1 is seven years.
E7.4 Either the officer who accesses primary care giver leave under clause F16, or adoption and permanent care leave under clause F20, or the mother who is entitled to or accesses maternity leave under clause F14 will be entitled to access part-time employment as provided in subclause E7.1.
E7.5 The agreed period, pattern of hours and days and commencement and cessation times for part-time work will be agreed between the officer and the officers manager/supervisor and recorded in writing.
E8 Home Based Work
E8.1 The diverse nature of work conducted in the ACTPS lends itself to a range of working environments. From time to time workplaces will include work undertaken in the field and in the home.
E8.2 Home-based work, on a regular basis, is a voluntary arrangement that requires the agreement of both the head of service and the employee. The head of service will consider requests by employees for home based work, having regard to operational requirements and the suitability of the work.
E8.3 In determining appropriate home based work arrangements, the head of service and employees will consider a range of matters, including:
- appropriate and effective communication with office based employees;
- the need to ensure adequate interaction with colleagues;
- the nature of the job and operational requirements;
- privacy and security considerations;
- health and safety considerations;
- the effect on clients; and
- adequate performance monitoring arrangements.
E8.4 Home based work arrangements may be terminated by the head of service on the basis of operational requirements, inefficiency of the arrangements, or failure of the employee to comply with the arrangements.
E8.5 An employee may terminate home-based work arrangements at any time by giving reasonable notice to the head of service.
E8.6 There may also be occasions where it is appropriate for an employee to work from home on an ad hoc basis. In these circumstances, arrangements to work from home are to be negotiated on a case-by-case basis between the employee and the manager/supervisor.
E8.7 The ACTPS will provide home computing facilities where an employee and the employees manager/supervisor agree there is a need for such facilities. Provision of equipment by the ACTPS will be subject to occupational health and safety requirements and to an assessment of technical needs by the manager/supervisor.
E9 Employee Assistance Program
E9.1 As a benefit to employees, the ACTPS will provide employees and employees immediate families with access to an independent, confidential and professional counselling service at no cost to the employee.
E10 Scheduling of Meetings
E10.1 To assist employees to meet the employees personal responsibilities, where possible, all meetings in the ACTPS are to be scheduled at times that take into account those responsibilities.
E11 Vacation Childcare Subsidy
E11.1 This clause applies to an employee (other than a casual employee or a temporary employee who has been engaged by the ACTPS for a period of less than twelve months) with school age children who makes a timely application, with regard to work and/or rostering arrangements applying in their particular business unit, based on their accrued annual leave, purchased leave or long service leave during school holidays that is rejected. In these circumstances the head of service will make payment to the employee for each calendar year based on:
- fifty two dollars per day towards the cost of each school child enrolled in an accredited school holiday program;
- up to a maximum of $260 per child per five days;
- up to a maximum of ten days per child per year;
- up to a maximum of three children; and
- reimbursement on production of a receipt.
E11.2 An accredited school holiday program is a program approved and/or subsidised by a State, Territory or Local Government.
E11.3 The payment will apply only on the days when the employee is at work.
E11.4 The payment will be made regardless of the length of time the child is in the program each day, but it cannot exceed the actual cost incurred.
E11.5 An employee whose domestic partner receives a similar benefit from the partner's employer is not eligible for the payment.
E12 Family Care Costs
E12.1 Where an employee is directed to work outside the employees regular pattern of work, the head of service will authorise reimbursement to the employee by receipt for some or all of the costs of additional family care arrangements.
E13 Nursing Mothers
E13.1 Employees who are breastfeeding will be provided with the facilities and support necessary to enable such employees to combine a continuation of such breastfeeding with the employees employment.
E13.2 Where practicable the Directorate will establish and maintain a room for nursing mothers. Where there is no room available another appropriate space may be used.
E13.3 Up to one hour, per day/shift, paid lactation breaks that are non-cumulative will be available for nursing mothers.
E14 Transfer of Medically Unfit Staff
E14.1 This clause does not apply to casual employees.
E14.2 A medically unfit employee is an employee who is considered by the head of service, in accordance with paragraph (a), sub-section 143(1) of the PSM Act, to be an employee who is unable to perform duties appropriate to the employees classification because of physical or mental incapacity.
E14.3 Despite the provisions of sub-section 56(3) and 65(1) of the PSM Act, a medically unfit employee may, by agreement with the employee, be transferred to any position within the employees current skill level and experience, the classification of which has a maximum pay which does not vary from the top increment of the employees classification by more or less than 10%.
E14.4 An employee will not be redeployed in accordance with subclause E14.3 unless there is no suitable vacant position at the employees substantive classification within their Directorate.
E14.5 In considering any proposed transfer under this clause, the employee may be represented by the union or other employee representative.
E15 Transfer to a Safe Job during Pregnancy
Purpose
E15.1 This clause provides arrangements to enable a pregnant employee to be transferred to an appropriate safe job during their pregnancy or enable them to be absent from their workplace if an appropriate safe job is not available.
Eligibility
E15.2 In accordance with the National Employment Standards of the FW Act (NES), this clause applies to pregnant employees when they:
- have given at least ten weeks notice, or where that is not practical have as soon as practical given notice, that they will be applying for maternity leave; and
- provide evidence from a registered health professional or registered medical professional to the head of service that they are fit for work but that it is inadvisable for her to continue in her present position during a stated period because of illness or risks arising out of her pregnancy or hazards connected with that position.
E15.3 In these circumstances, the employee is entitled to be transferred to an appropriate safe job for the stated period with no detriment to her current terms and conditions of employment.
Paid Absence for No Safe Job Purposes
E15.4 If an appropriate safe job is not available, and when the employee has completed twelve months of continuous service, the employee is entitled to take paid absence for no safe job purposes for the stated period at a rate of payment that is the same rate as would be paid if the employee was granted personal leave. This period of paid absence will count as service for all purposes.
E15.5 If an appropriate safe job is not available, and the employee has not completed twelve months of continuous service, the employee is entitled to take unpaid absence for no safe job purposes. This period of absence will not count as service for any purposes but will not break continuity of service.
E15.6 The employees entitlements under this clause cease when the employees pregnancy ends before the end of the stated period.
Section F Leave
F1 Part Time Employees
F1.1 Part time employees are credited and debited leave on a pro-rata basis.
F2 Non-approval of Leave
F2.1 Where a request is not approved the head of service will, if so requested in writing by the employee, provide the reasons for that decision to the employee in writing. Where a request is not approved the head of service will consult with the employee to determine mutually convenient alternative arrangements.
F3 Leave Below One Day
F3.1 Employees with access to flextime (or TOIL) will use flextime (or TOIL) for all absences of less than one day wherever practicable; however personal leave may still be accessed for these absences.
F4 Personal Leave
Purpose
F4.1 Personal leave is available to employees to enable them to be absent from duty:
- because the employee is unfit for work because of a personal illness, or personal injury;
- to provide care or support to a member of the employees immediate family, or a member of the employees household, who is ill or injured;
- in extraordinary and unforeseen circumstances.
F4.2 Personal leave supports the Territorys commitment to a healthy workplace and workforce.
Eligibility
F4.3 Personal leave is available to employees other than casual employees.
Entitlement
F4.4 An employee may be granted personal leave up to their available credit from the first day of service.
F4.5 Personal leave is cumulative and there is no cap on the personal leave balance an employee may accrue.
F4.6 On engagement under the PSM Act, employees who have prior service recognised for personal leave purposes will be credited with any personal leave balance accrued with the previous employer. On the employees normal accrual date, the employee will then receive personal leave in accordance with subclause F4.14 or, following the implementation of daily accrual, the employee will receive personal leave in accordance with subclause F4.11.
F4.7 If a person is retired from the Service on grounds of invalidity, and is re-appointed as a result of action taken under the Superannuation Act 1976 or the Superannuation Act 1990, they are entitled to be re-credited with unused personal leave credit held prior to the invalidity retirement.
F4.8 Except for a short term temporary employee and an employee to whom subclause F4.6 applies, an employees personal leave balance will be credited with an equivalent of 3.6 weeks of personal leave on the day they commence with the Territory.
Daily Accrual implementation
F4.9 The ACTPS will move to daily accrual of personal leave as soon as the HR system can be reconfigured. The head of service will consult with ACTPS staff, unions and other employee representatives to facilitate the transition to daily accrual. This consultation will occur prior to the reconfiguration of the HR system.
F4.10 To avoid doubt, following the implementation of daily accrual of personal leave in accordance with subclause F4.9, subclauses F4.14, F4.15, F4.28 and F4.38 will cease to operate and subclause F4.6 will operate only as it relates to the daily accrual of personal leave and the recognition of prior service.
F4.11 Despite subclause F4.8, from the day of commencement, an employees personal leave accrues on a daily basis according to the formula set out below:
(A x B x D) / C = total hours of leave accrued per day, where:
A = number of ordinary hours per week worked; and
B = one where the day counts as service or zero where the day does not count as service;
C = number of calendar days in the year; and
D = number of weeks of personal leave an employee is entitled to a year (i.e. 3.6 weeks).
F4.12 The accrual calculated in subclause F4.11 will be credited to the employee progressively on a fortnightly basis.
Until Daily Accrual is Implemented
F4.13 Until daily accrual is implemented the provisions contained in subclauses F4.14, F4.15, F4.28 and F4.38 will apply.
F4.14 An additional credit of 3.6 weeks personal leave will be made on the anniversary of the employees commencement during each year of service.
F4.15 The accrual date for personal leave will be deferred by one day for every calendar day of unauthorised absence or leave without pay that does not count for service.
F4.16 A part-time officer or part-time temporary employee will accrue personal leave calculated on a pro-rata basis.
Short-term Temporary Employees
F4.17 Until daily accrual of personal leave is implemented, the provisions contained in subclauses F4.18 to F4.20 will apply to short term temporary employees. To avoid doubt, subclauses F4.18 to F4.20 will cease to operate from the date of implementation of daily accrual of personal leave in accordance with subclause F4.9.
F4.18 A short term temporary employee will be credited with one week of personal leave after four weeks continuous service and 0.2 weeks of personal leave for each subsequent four weeks of continuous service up to a maximum of two weeks in the employees first twelve months of service.
F4.19 After twelve months continuous service short-term temporary employees will receive 5.2 weeks of personal leave with pay. For every subsequent twelve months of service, short-term temporary employees will receive personal leave in accordance with subclause F4.14.
F4.20 A short-term temporary employee subsequently appointed under the PSM Act prior to completing twelve months service will have their personal leave balance brought up to the equivalent of 3.6 weeks, less any personal leave with pay granted under sub-clause F4.4. For subsequent accruals that short-term temporary employee will receive personal leave on the same basis as an officer on the anniversary of the commencement of their employment.
F4.21 The provisions contained in subclauses F4.22 to F4.26 will apply to the accrual of personal leave by short term temporary employees from the date of implementation of daily accrual.
F4.22 All short-term temporary employees will accrue personal leave in accordance with the formula set out in subclause F4.11 from the date of implementation of daily accrual.
F4.23 All short-term temporary employees who commence employment with the Territory on or after the date of implementation of daily accrual of personal leave will be credited with the equivalent of one week of personal leave on their date of commencement.
F4.24 All short-term temporary employees who have been employed by the Territory for a period of less than four weeks continuous service as at the date of implementation of daily accrual of personal leave will be credited with the equivalent of one week of personal leave on the date of implementation of daily accrual.
F4.25 Upon completion of twelve months continuous employment with the Territory short term temporary employees will have their personal leave balance brought up to the equivalent of 3.6 weeks, less any personal leave with pay granted under subclause F4.4 during the twelve months. The 3.6 weeks is in addition to any personal leave accrued under subclause F4.22.
F4.26 A short term temporary employee who is appointed under the PSM Act prior to completing twelve months continuous employment with the Territory will have their personal leave balance brought up to the equivalent of 3.6 weeks, less any personal leave with pay granted under subclause F4.4. The 3.6 weeks is in addition to any personal leave accrued under subclause F4.22.
When Personal Leave Credits Have Been Exhausted
F4.27 Where personal leave credits have been exhausted, the head of service may grant an employee a period of unpaid personal leave for personal illness or injury or for the care of a member of the employees immediate family or household who is sick.
NOTE: In such circumstances, alternative arrangements are provided for at subclause F4.58.
F4.28 Despite subclause F4.27, the head of service may allow an officer, in the first ten years of service, when the officer provides documentary evidence that the officer has a personal illness or injury, to anticipate up to a maximum of 3.6 weeks paid personal leave where all full pay personal leave credits are exhausted.
F4.29 Temporary employees may be granted up to an aggregate of twenty days without pay in the first twelve months.
F4.30 The head of service may, when a personal illness or injury poses a serious threat to the employees life, grant an officer an additional period of paid personal leave for personal illness or injury. This leave may be at either full or half pay. Such leave will not be granted if the absence is due to a condition for which the officer is receiving compensation under the Safety, Rehabilitation and Compensation Act 1988.
Other Provisions
F4.31 An employee in receipt of workers compensation for more than forty five weeks will accrue personal leave on the basis of hours actually worked.
F4.32 Unused personal leave credit will not be paid out on cessation of employment.
Evidence and Conditions
F4.33 An employee must give notice of the intention to take personal leave. The notice must be provided to their manager/supervisor as soon as practicable (which in the case of personal illness or injury may be a time immediately after the leave has commenced) and must advise the duration, or expected duration, of the leave.
F4.34 The head of service may grant personal leave if they are satisfied there is sufficient cause, having considered any requested or required documentary evidence.
F4.35 An employee must provide requested or required documentary evidence in a timely manner. To unduly withhold the provision of documentary evidence may result in the personal leave application not being approved for payment.
F4.36 The head of service will accept the following documentary evidence as proof of personal illness or injury or the need to care for a member of the employees immediate family or household who is sick:
- a certificate from a registered medical practitioner or registered health professional who is operating within their scope of practice; or
- a statutory declaration made by the employee if it is not reasonably practicable for the employee to give the head of service a certificate.
F4.37 Applications for personal leave requiring an employee to care for a member of the employees immediate family or household who is sick will need any required documentary evidence to clearly state the caring requirement.
F4.38 If documentary evidence is not produced when an employee applies for leave, the head of service may grant personal leave up to three consecutive working days with pay, to a maximum of seven working days in any accrual year. Absences for personal leave without documentary evidence in excess of three consecutive days, or seven days in any accrual year will be without pay.
F4.39 Following the implementation of daily accrual of personal leave, the head of service may grant up to three consecutive working days personal leave with pay without documentary evidence, to a maximum of seven working days in a calendar year. Absences for personal leave without documentary evidence in excess of three consecutive days, or seven days in a calendar year will be without pay.
F4.40 The head of service may, with reasonable cause, request the employee to provide a medical certificate from a registered medical practitioner or a statutory declaration for any absence from duty on personal leave at the time of notification of the absence.
F4.41 Paid personal leave may be granted up to an employees available personal leave credit.
F4.42 Subject to the production of documentary evidence, the head of service may grant an employee further absence for personal illness or injury provided the additional period of personal leave is granted without pay. However, any such leave without pay that goes beyond a maximum continuous period of combined paid and unpaid personal leave of 78 weeks will not count as service for any purpose.
F4.43 The head of service must not grant personal leave for an absence caused by the misconduct of the employee. The head of service may determine that an absence caused by the misconduct does not count as service for any purpose.
F4.44 The head of service must approve an application for up to five days of personal leave applied for in conjunction with a period of bonding leave.
F4.45 The head of service may refer an employee for a medical examination by a nominated registered medical practitioner or registered health professional, or nominated panel of registered medical practitioners or registered health professionals, at any time for reasons including where:
- the head of service is concerned about the wellbeing of an employee and considers that the health of the employee is affecting, or has a reasonable expectation that it may affect, the employees ability to adequately perform their duties;
- the head of service considers that documentary evidence supplied in support of an absence due to personal illness or injury is inadequate; or
- the employee has been absent on account of illness for a total of thirteen weeks in any twenty six week period.
F4.46 The head of service may require the employee to take personal leave after considering the results of a medical examination requested by the head of service.
Rate of Payment
F4.47 Personal leave will be granted with pay except where it is granted without pay under subclauses:
F4.48 Subject to the approval of the head of service, an employee may request to use personal leave at half pay for absences of at least one week. Such absences will be deducted from the employees accrued credits at a rate of 50% of the period of absence.
F4.49 Any personal leave taken must be deducted from the employees credit.
Effect on Other Entitlements
F4.50 Personal leave with pay will count as service for all purposes.
F4.51 Personal leave without pay, other than provided for at subclause F4.42, will count as service for all purposes.
F4.52 Where an employee is absent on paid personal leave and a public holiday for which the employee is entitled to be paid falls within that period of absence:
- the employee will be paid as a normal public holiday for that day; and
- the public holiday will not be deducted from the employees personal leave credits.
F4.53 While personal leave will not be deducted over the Christmas shutdown period, the Christmas shutdown does not break continuity of the period of absence in relation to the maximum period/s of leave under subclause F4.42.
Access to Other Leave Entitlements
F4.54 An employee who suffers personal illness or injury, or cares for a member of the employees immediate family or household who is sick, for one day or longer while on:
- annual leave; or
- purchased leave; or
- long service leave; or
- unpaid maternity leave; or
- unpaid parental leave; or
- grandparental leave; or
- accrued day off; andwho produces a certificate from a registered health professional operating within their scope of practice, may apply for personal leave.
F4.55 Where an employee is on a form of leave specified in subclauses F4.54 and:
- the employee is subsequently granted personal leave in accordance with subclause F4.54; and
then that other leave will be re-credited for that period of the personal leave that falls within the period of the other leave. - the personal leave falls within a part or all of the period of the other form of leave,
F4.56 An employee cannot access paid personal leave while on paid maternity leave, or primary care givers leave, or adoption or permanent care leave, but can apply for personal leave during unpaid maternity leave or parental leave.
F4.57 If the employee has exhausted all paid personal leave, personal leave without pay cannot be substituted for unpaid maternity leave.
F4.58 If an ill or injured employee exhausts the employees paid personal leave entitlement and produces documentary evidence, as per subclause F4.36, as evidence of continuing personal illness or injury, the employee may apply to the head of service for approval to take annual leave or long service leave. If approved, this leave will not break the continuity of the 78 weeks under subclause F4.42.
F5 Personal Leave in Extraordinary and Unforeseen Circumstances
F5.1 Employees, other than casual employees, are eligible to personal leave in extraordinary and unforeseen circumstances.
F5.2 Personal leave in extraordinary and unforeseen circumstances, is non-cumulative and if granted is deducted from the employees personal leave balance.
F5.3 The head of service may grant a maximum of four days of personal leave, other than for personal illness or the care of the employees immediate household who is sick, in an accrual year, in extraordinary, unforseen or unexpected circumstances and where it is essential that the employee have leave from the workplace. These four days are in addition to the seven days personal leave without documentary evidence.
F5.4 While personal leave in extraordinary and unforeseen circumstances does not normally require documentary evidence, the head of service may request reasonable evidence before granting the leave.
F5.5 Personal leave in extraordinary and unforeseen circumstances will be granted with pay.
F6 Infectious Disease Circumstances
F6.1 Where an employee is prevented from attending for duty under the Public Health Act 1997, the head of service may grant that employee personal leave during that period.
F6.2 The employee may also apply for the absence or a part of it to be deducted from their annual leave credit.
F7 Annual Leave
Purpose
F7.1 Annual leave is available to employees to enable them to be absent from duty for the purposes of rest and recreation.
Eligibility
F7.2 Annual leave is available to employees other than casual employees.
Entitlement
F7.3 An employee may be granted annual leave up to their available credit from the first day of service.
F7.4 Annual leave is cumulative.
F7.5 An employees annual leave credit accrues on a daily basis according to the formula set out below:
(A x B x D) / C = total hours of leave accrued per day, where:
A = number of ordinary hours per week worked; and
B= one where the day counts as service or zero where the day does not count as service or is an unauthorised absence;
C = number of calendar days in the year; and
D = number of weeks of annual leave an employee is entitled to a year.
F7.6 For the purpose of subclause F7.5 the basic leave entitlement is:
- in the case of 36.75 hour workers, 147 hours annual leave for each full year worked; or
- in the case of 38 hour workers, 152 hours annual leave for each full year worked.
F7.7 Shift workers who are regularly rostered to work on Sunday and work at least ten Sundays in a year will be entitled to an additional five days of paid annual leave per year.
F7.8 Shift workers rostered to work on less than ten Sundays during which annual leave will accrue will be entitled to additional annual leave at the rate of one tenth of a working week for each Sunday so rostered.
F7.9 If an employee moves from one ACTPS directorate to another, annual leave accrued with the first directorate will transfer to the second directorate.
F7.10 An annual leave credit does not accrue to an employee if the employee is absent from duty on leave for specified defence service, or full-time defence service. If the employee resumes duty after a period of specified defence service, annual leave will accrue from the date the employee resumes duty.
F7.11 Employees will receive payment on separation from the ACTPS of any unused annual leave entitlement.
Evidence and Conditions
F7.12 Employees are encouraged to use their annual leave in the year that it accrues, and to this end should discuss their leave intentions with their manager/supervisor as soon as practicable.
F7.13 An employee must make an application to the head of service to access their annual leave entitlement.
F7.14 Having considered the requirements of this clause the head of service may approve an employees application to access annual leave.
F7.15 The head of service should approve an employees application to take annual leave, subject to operational requirements.
F7.16 If the head of service does not approve an employees application for annual leave because of operational requirements, the head of service will consult with the employee to determine a mutually convenient alternative time (or times) for the employee to take the leave.
F7.17 The head of service must, unless there are exceptional operational circumstances, approve an application for annual leave if it would enable an employee to reduce their annual leave credit below two and a half years worth of accrued annual leave credit. However, in the case of exceptional operational circumstances, the head of service will consult with the employee to determine the time (or times) for the annual leave to be taken that is mutually convenient to both the administrative unit and the employee.
F7.18 If 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 be reimbursed reasonable travel costs and incidental expenses not otherwise recoverable under any insurance or from any other source.
F7.19 If the operations of the ACTPS, or part of the ACTPS, are suspended at Christmas or another holiday period, the head of service may direct an employee to take annual leave at a time that is convenient to the working of the ACTPS, whether or not an application for leave has been made. However, this does not affect any other entitlements to leave under this Agreement.
F7.20 If an employee has the equivalent of two years accrued credit of annual leave and unless exceptional operational circumstances exist, the employee and relevant manager/supervisor must agree, and implement an annual leave usage plan to ensure the employees accrued leave credit will not exceed an accrued two and a half years worth of annual leave credit.
F7.21 If an employee does not agree to a reasonable annual leave usage plan the head of service may direct an employee who has accrued two and a half years worth of accrued annual leave credit to take annual leave to the extent that the employees annual leave credit exceeds two and a half years worth of accrued credit, subject to giving the employee one calendar month notice. This clause does not apply to an employee who is on graduated return to work following compensation leave.
F7.22 An employee who has an annual leave credit in excess of two and a half years accrued entitlement:
- at the commencement of the Agreement; or
- on joining, or returning to, the ACTPS; or
- on returning to duty from compensation leave,will have twelve months to reduce the employees annual leave balance to two and a half years accrued entitlement or below.
F7.23 An employee may not be directed under subclause F7.21 to take annual leave where the employee has made an application for a period of annual leave equal to or greater than the period specified in subclause F7.21 in the past six months and the application was not approved. The manager/supervisor and the employee may agree to vary an annual leave usage plan.
Rate of Payment
F7.24 Annual leave will be granted with pay.
F7.25 Payment for the annual leave will be based on the employees ordinary hourly rate of pay, including allowances that count for all purposes for the time the leave is taken. If an employee is being paid HDA before going on paid leave and would have continued to receive HDA had they not taken leave then the employee is entitled to payment of HDA during the leave.
F7.26 Annual leave may be granted at half pay with credits to be deducted on the same basis.
Effect on Other Entitlements
F7.27 Annual leave will count as service for all purposes.
F7.28 Public holidays for which the employee is entitled to payment that fall during periods of absence on annual leave will be paid as a normal public holiday and will not be deducted from the employees annual leave balance.
Access to other Leave Entitlements
F7.29 If personal leave is granted to the employee annual leave will be re-credited for the period of paid personal leave granted.
F7.30 Subject to the approval of the head of service, an employee who is on unpaid leave may be granted annual leave during that period, unless otherwise stated in this Agreement.
F7.31 If an employee is prevented from attending for duty under the Public Health Act 1997, the head of service may grant annual leave during that period.
Payment in Lieu of Annual Leave
F7.32 An employee may request payment in lieu of their annual leave credit subject to the following:
- the employee providing the head of service with a written election to do so; and
- the head of service authorising the election; and
- the employee taking at least one week of annual leave in conjunction with this entitlement or the employee has taken at least one week of annual leave in the past six months; and
- the payment in lieu will not result in a reduction in the balance of an employees remaining annual leave credit below one years accrued entitlement.
F7.33 Payment in lieu of annual leave will be based on the employees ordinary hourly rate of pay, including allowances that count for all purposes at the date of application. The payment in lieu will be based on the pay that the employee would have received for a notional period of leave equal to the credit being paid in lieu on the day the application is made.
F8 Annual Leave Loading
Purpose
F8.1 Annual leave loading is available to employees to provide monetary assistance while they are on annual leave.
Eligibility
F8.2 Employees who accrue annual leave under clause F7 are entitled to an annual leave loading. Part time employees will be paid the annual leave loading on a pro rata basis.
Entitlement
F8.3 Where an employee's entitlement is based on paragraph F8.7 (a), the leave loading payable is subject to a maximum payment. This maximum payment is the equivalent of the Australian Bureau of Statistics' male average weekly total earnings for the May quarter of the year before the year in which the date of accrual occurs. Where the leave accrual is less than for a full year, this maximum is applied on a pro rata basis.
F8.4 An employee whose employment ceases and who is entitled to payment of accumulated annual leave or pro rata annual leave will be paid any accrued annual leave loading not yet paid and leave loading on pro rata annual leave entitlement due on separation.
Evidence and Conditions
F8.5 Annual leave loading accrued will be paid at such a time as the employee nominates, by making a written request to the head of service.
F8.6 Any unpaid annual leave loading accrued by employees will be paid on the first payday in December following its accrual.
Rate of Payment
F8.7 The amount of an employee's entitlement under subclause F8.2 will be based on whichever is the greater of the following:
- subject to subclause F8.3, 17.5 per cent of the employees ordinary hourly rate of pay on 1 January multiplied by the number of hours of annual leave accrued during the preceding calendar year (excluding shift penalties); or
- any shift penalties that the employee would have received had the employee not been on approved annual leave.
F9 Purchased Leave
Purpose
F9.1 Purchased leave is available to employees to enable them to be absent from duty to support their work/life balance.
Eligibility
F9.2 Employees, other than casual employees, are eligible to apply to purchase leave.
Entitlement
F9.3 Employees may purchase leave in addition to the employees usual annual leave entitlement, up to a maximum of twelve weeks in any twelve month period, subject to head of service approval.
F9.4 An employee may apply, at any time, to the head of service for approval to participate in the purchased leave scheme.
F9.5 The application must specify the amount of leave to be purchased in whole weeks up to a maximum of twelve weeks in any twelve month period, and the period over which the additional leave is to be acquitted.
F9.6 Approval by the head of service for an employee to purchase and use purchased leave, is subject to both the operational requirements of the workplace and the personal responsibilities of the employee.
F9.7 Approval to purchase additional leave will not be given where an employee has an annual leave balance of two and a half years worth of annual leave credit or more, except where the employee intends to use all excess annual leave credit before taking purchased leave.
F9.8 Once an employee commences participation in the scheme, the employee may only opt out of the scheme before the expiration of the agreed acquittal period, where:
- the employee can demonstrate, in writing, that exceptional circumstances exist, such as unforseen financial hardship, and the head of service agrees; or
- the employees employment with the ACTPS ceases before the expiration of the agreed acquittal period; or
- the employee proceeds on paid maternity or primary care giver leave.
F9.9 If an employee transfers from one ACTPS Directorate to another ACTPS Directorate during the agreed acquittal period, the employees continuation in the purchased leave scheme will be subject to the separate approval of the head of service of the gaining Directorate. Where such approval is not given, any money owing to the employee in respect of purchased leave not taken will be refunded to the employee as soon as practicable. Any shortfall in payments will be deducted from monies owing to the employee.
Evidence and Conditions
F9.10 An employee should discuss with their manager/supervisor, as soon practicable, their intention to be absent on purchased leave.
F9.11 An employee must make an application to the head of service to access their purchased leave entitlement.
F9.12 Having considered the requirements of this clause the head of service may approve an employees application to access purchased leave. A decision not to approve the leave must be made in accordance with subclause F2.1.
F9.13 Approval by the head of service to grant purchased leave will be subject to the operational requirements of the workplace, the personal responsibilities of the employee and appropriate periods of notice.
F9.14 A minimum of one week of purchased leave must be taken at any one time unless the remaining balance is less than one week or the head of service is satisfied, on evidence presented, there are exceptional circumstances which warrant purchased leave being taken in shorter periods.
F9.15 Purchased leave must be used within the agreed acquittal period, not exceeding twelve months from the date of commencement in the scheme. Purchased leave not taken within the agreed acquittal period will be forfeited and the value of the leave refunded to the employee at the end of the acquittal period.
Rate of Payment
F9.16 While an employee is on a period of purchased leave the employee will be paid at the rate of pay used to calculate the employees deduction.
F9.17 Purchased leave will be paid for by a fortnightly deduction from the employees pay over an agreed acquittal period not exceeding twelve months from the date the employee commences participation in the scheme.
F9.18 Fortnightly deductions, from the employees pay, will commence as soon as practicable following approval of the employees application to participate in the purchased leave scheme. The deductions will be calculated on the employees pay at the date of commencement of participation in the scheme, the amount of leave to be purchased and the agreed acquittal period.
F9.19 Despite F9.18, if the employees pay changes during the acquittal period the employee may seek approval for the deduction to be recalculated.
F9.20 Fortnightly tax deductions will be calculated on the employees gross pay after the deduction has been made for purchased leave.
F9.21 Subject to subclause F9.22, allowances in the nature of pay may be included in the calculation of purchased leave payments where:
- the head of service and the employee agree any or all of these allowances are appropriate; and
- there is the likelihood the allowance will continue to be received over the duration of the acquittal period.
F9.22 Disability allowances, which are paid according to the hours worked, cannot be included for the purposes of calculating purchased leave payments.
Effect on Other Entitlements
F9.23 Leave taken as purchased leave will count as service for all purposes.
F9.24 Public Holidays for which the employee is entitled to payment that fall during periods of absence on purchased leave will be paid as a normal public holiday and will not be deducted from the employees purchased leave balance.
F9.25 Purchased leave will not affect the payment and timing of pay increments or the accrual of other forms of leave.
F9.26 The purchase of additional leave under this clause will not affect the superannuation obligations of the ACTPS and/or the employee involved.
Access to other Leave Entitlements
F9.27 Where an employee provides a certificate from a registered health professional operating within their scope of practice for a personal illness occurring during a period of absence on purchased leave, the employee will have the purchased leave re-credited for that period covered by the certificate, and substituted by personal leave.
F9.28 An employee participating in the scheme who proceeds on paid maternity or primary care givers leave will elect to, either:
- exit the purchased leave scheme and have any money owing refunded; or
- subject to subclause F9.29, remain in the scheme and have pay deductions continue during the period of paid maternity or primary care givers leave.
F9.29 Purchased leave taken during an employees absence on maternity or primary care givers leave will not extend the employees total period of maternity leave or primary care givers leave.
F9.30 An employee participating in the scheme who is in receipt of paid workers compensation will have pay deductions for purchased leave continue. Normal conditions for purchased leave will apply for employees on graduated return to work programs; however entry into the scheme should be discussed with the rehabilitation case manager.
F10 Public Holidays
Eligibility
F10.1 Public holidays are available to employees other than casual employees.
Entitlement
F10.2 Employees are entitled to be absent from duty on the following days:
- 1 January (New Years day), or, if that day falls on a Saturday or Sunday, the following Monday;
- 26 January (Australia Day), or, if that day falls on a Saturday or Sunday, the following Monday;
- the 2nd Monday in March (Canberra Day);
- Good Friday;
- the Saturday following Good Friday;
- the Monday following Good Friday;
- 25 April (Anzac Day), or, if that day falls on a Saturday or Sunday, the following Monday;
- the 2nd Monday in June (the day for the observance of the anniversary of the birthday of the Sovereign);
- Family and Community Day;
- the 1st Monday in October (Labour Day);
- Christmas Day, or, if that day falls on a Saturday or Sunday, the following Monday;
- 26 December (Boxing Day), orif that day falls on a Saturdaythe following Monday; or if that day falls on a Sunday or Mondaythe following Tuesday;
- any other day, or a part of any other day, declared to be a public holiday in the ACT in accordance with the Holidays Act 1958; and, in addition,
- the next working day after Boxing Day;
- any other day, or part of any day, declared to be a holiday by the Commissioner for Public Administration.
Rate of Payment
F10.3 A public holiday is granted with pay.
F10.4 A part time employee whose regular part time hours do not fall on a public holiday will not be paid for that public holiday.
F10.5 An employee will not be paid for a public holiday which occurs during a period of leave without pay.
F10.6 If a public holiday occurs on the day immediately before or immediately after an employee is on a period of leave without pay the employee is entitled to be paid for the public holiday.
Effect on Other Entitlements
F10.7 Subject to subclause F10.8, public holidays count as service for all purposes.
F10.8 A public holiday will not count as service if it occurs while the employee is on a period of leave not to count as service.
F11 Christmas Shutdown
Purpose
F11.1 Christmas shutdown is provided for operational efficiency and the wellbeing of employees.
Eligibility
F11.2 Christmas shutdown is available to employees other than casual employees.
Entitlement
F11.3 Employees are entitled to two days of paid absence during the Christmas shutdown period, which are the working days between 28 December and 31 December inclusive.
F11.4 Only those employees who are directed or rostered to work during this period may attend for work over the Christmas shutdown period.
F11.5 An employee, other than an employee to whom subclauses F11.6 or F11.7 apply, who is directed to work during the Christmas shutdown period will be entitled to either:
- take paid absence equivalent to the time worked at a time agreed between the employee and the relevant manager/supervisor; or
- elect to receive a payment equivalent to the time worked at the employees ordinary rate of pay. The payment for time worked is in addition to the entitlement under subclause F11.3.
F11.6 Employees who are working under rostering arrangements during the Christmas shutdown period will be entitled to either:
- take paid absence at a time agreed between the employee and the relevant manager/supervisor; or
- elect to receive a payment at the employees ordinary rate of pay,equivalent to the time worked, or the time the employee would have worked had the employee been rostered to work.
F11.7 An employee who is working under rostering arrangements who is required to work on a rostered day off which falls on either of the Christmas shutdown days shall receive payment of overtime at the appropriate rate for the attendance. The payment of overtime is in addition to the entitlement under subclause F11.6. These days are not public holidays and therefore public holiday rates do not apply.
F11.8 Part time employees whose regular part time hours do not fall during the Christmas shutdown period will not be entitled to the additional two days of paid absence. Nothing in this clause is intended to reduce or increase a part time employees pay entitlement for the pay period in which the Christmas shutdown period falls.
Rate of Payment
F11.9 Christmas shutdown absence is granted with pay.
Effect on Other Entitlements
F11.10 Christmas shutdown absence counts as service for all purposes.
F12 Compassionate Leave
Purpose
F12.1 Compassionate leave is available to employees to enable them to be absent from duty when a member of an employees immediate family or household:
- has a personal illness or injury that poses a serious threat to the persons life; or
- dies.
Eligibility
F12.2 Compassionate leave is available to all employees.
Entitlement
F12.3 An employee may be granted compassionate leave from the first day of service.
F12.4 Compassionate leave is non-cumulative.
F12.5 Employees are entitled to up to five days of compassionate leave on each occasion of the death of a member of the employees immediate family or household. The head of service may grant an additional paid or unpaid period of compassionate leave for this purpose.
F12.6 Employees are entitled to up to two days of compassionate leave on each occasion of personal illness or injury of a member of the employees immediate family or household that poses a serious threat to the persons life. The head of service may grant an additional paid or unpaid period of compassionate leave for this purpose.
Evidence and Conditions
F12.7 The employee should discuss with their manager/supervisor, as soon as practicable, their absence or intention to be absent on compassionate leave.
F12.8 An employee must make an application to the head of service to access compassionate leave.
F12.9 The head of service may request evidence that would satisfy a reasonable person that an application for compassionate leave is for a purpose specified in subclause F12.1.
F12.10 Having met the requirements of this clause, the head of service will approve an employees application to access compassionate leave.
F12.11 If the employee has not provided the evidence requested under subclause F12.9, a decision not to approve the leave may be taken in accordance with subclause F2.1.
Rate of Payment
F12.12 Compassionate leave will be granted with pay, except for casual employees and except where it is granted without pay under subclause F12.5 or F12.6.
Effect on Other Entitlements
F12.13 Compassionate leave with pay will count as service for all purposes.
F12.14 Public Holidays for which the employee is entitled to payment that fall during periods of absence on paid compassionate leave will be paid as a normal public holiday and will not be considered an absence on compassionate leave.
F12.15 Compassionate leave that is granted under subclause F12.5 is not deducted from an employees personal leave balance.
F12.16 Compassionate leave that is granted under subclause F12.6 is deducted from an employees personal leave balance.
Access to Other Leave Entitlements
F12.17 If compassionate leave of at least one day is granted while an employee is absent on another type of leave, the other type of leave will be re-credited for the period of the absence on compassionate leave.
F13 Community Service Leave
Purpose
F13.1 Community service leave is available to employees to allow them to be absent from the workplace to engage in the following three distinct types of community service activities:
- jury service (including attendance for jury selection) that is required by or under a law of the Commonwealth, a State or a Territory; or
- a voluntary emergency management activity; or
- other recognised voluntary community service activity.
Jury Service
Eligibility
F13.2 Community service leave for jury service is available to all employees.
Entitlement
F13.3 Community service leave for jury service is non-cumulative.
Evidence and Conditions
F13.4 Although the granting of community service leave for jury service is deemed to be approved, an employee must:
- submit a leave application for the period of the absence; and
- provide sufficient documentary evidence of the reason for the absence.
F13.5 The employee should discuss with their manager/supervisor their intention to be absent on community service leave for jury service.
Rate of Payment
F13.6 Community service leave for jury service will be granted with pay to employees other than casual employees.
F13.7 If the employee is paid jury fees, this amount must be deducted from the employees pay less reasonable out-of-pocket expenses.
Effect on Other Entitlements
F13.8 Community service leave for jury service will count as service for all purposes.
F13.9 Public holidays for which the employee is entitled to payment that fall during periods of absence on paid community service leave for jury service will be paid as a normal public holiday and will not be considered to be community service leave for jury service.
Voluntary Emergency Management
Eligibility
F13.10 An employee who is a member of a relevant emergency service, including:
- a State or Territory Emergency Service;
- a fire-fighting service;
- a search and rescue unit; or
- other volunteer service performing similar functions,is eligible for community service leave for voluntary emergency management.
F13.11 A casual employee who is a member of a relevant emergency service is eligible to unpaid community service leave for voluntary emergency management service.
Entitlement
F13.12 Eligible employees are entitled to be absent on unpaid leave to engage in a voluntary emergency management activities, subject to operational requirements in the workplace.
F13.13 Eligible employees, other than casual employees, are eligible for up to four days paid community service leave for voluntary emergency management per emergency.
F13.14 Community service leave for voluntary emergency management is non-cumulative.
Evidence and Conditions
F13.15 An employee should discuss their intention to be absent on paid or unpaid community service for voluntary emergency management with their manager/supervisor as soon as practicable, which may be at a time after the absence has started. The employee must advise the manager/supervisor of the period, or expected period, of the absence.
F13.16 An employee must make an application to the head of service to access their paid community service leave for voluntary emergency management entitlement.
F13.17 The employee must, if requested by the head of service, provide sufficient documentary evidence of the reason for the absence.
F13.18 The head of service may grant paid community service leave for voluntary emergency management to enable the employee to fulfil an obligation in the event of a civil emergency.
F13.19 Having considered the requirements of this clause the head of service may approve an employees application to access paid community service leave for voluntary emergency management. A decision not to approve the leave will be taken in accordance with subclause F2.1.
Rate of Payment
F13.20 Where paid leave is granted for community service leave for voluntary emergency management, it is paid at the employees ordinary hourly rate of pay.
Effect on Other Entitlements
F13.21 A period of approved community service leave for voluntary emergency management will count as service for all purposes.
F13.22 Public holidays for which the employee is entitled to payment that fall during periods of absence on paid community service leave for voluntary emergency management will be paid as a normal public holiday and will not be considered to be community service leave for voluntary emergency management.
Additional Leave
F13.23 Additional paid leave may be approved by the head of service for any voluntary emergency management duties required to be performed by an employee who is a member of a State or Territory Emergency Service.
Voluntary Community Service
Eligibility
F13.24 Community service leave for voluntary community service is available to all employees.
Entitlement
F13.25 Employees, other than casual employees, are entitled to up to three days of paid leave for community service leave to engage in a recognised voluntary community service activity within a twelve month period.
F13.26 Community service leave for voluntary community service is non-cumulative.
F13.27 An employee may be granted unpaid community service leave to engage in a recognised voluntary community service activity, subject to operational requirements in the workplace.
Evidence and Conditions
F13.28 An employee should discuss their intention to be absent on community service leave for voluntary community service, as soon as practicable, with their manager/supervisor.
F13.29 An employee must make an application to the head of service to access their community service leave for voluntary community service entitlement.
F13.30 The head of service may request sufficient documentary evidence of the reason for the absence.
F13.31 In considering an application from an employee for paid leave to engage in a voluntary community service activity, the head of service must consider whether:
- the activity is a recognised voluntary activity; and
- the community organisation or project is an acceptable organisation or project as defined in the employees Directorate guidelines; and
- there is a risk the activity would place the employee in a real or perceived conflict of interest.
F13.32 Leave for a voluntary community service activity must not be approved for activities which:
- involve any payment in cash or kind for the duties performed by the employee; or
- replace work ordinarily undertaken by a paid worker; or
- are undertaken solely for direct personal benefit of the employee; or
- place the employee in a conflict of interest situation; or
- are primarily focussed on promoting particular religious or political views; or
- involves work which does not have a community focus.
F13.33 Having considered the requirements of this clause the head of service may approve an employees application to access paid or unpaid community service leave for voluntary community service.
F13.34 A decision not to approve the leave must be made in accordance with subclause F2.1.
Rate of Payment
F13.35 Community service leave for voluntary community service is granted with pay for the first three days leave in a twelve month period to all employees except casual employees.
Effect on Other Entitlements
F13.36 Community service leave for voluntary community service will count as service for all purposes up to a maximum of twenty three days in any twelve month period.
F13.37 Where the head of service has approved a request for unpaid community service leave for voluntary community service exceeding twenty days in a twelve month period, this leave in excess of twenty days will not count as service.
F13.38 Public holidays for which the employee is entitled to payment that fall during periods of absence on paid community service leave for voluntary community service will be paid as a normal public holiday and will not be considered to be community service leave for voluntary community service.
Access to Other Leave Entitlements
F13.39 Leave granted under this provision may be taken in combination with approved annual or long service leave.
F14 Maternity Leave
Purpose
F14.1 Maternity leave is available to pregnant employees to enable them to be absent from duty to:
- support her own wellbeing and to care for and bond with a new born child; and
- support the protection of the family and children under the Human Rights Act 2004; and
- support the employees right to continuity of service.
Eligibility
F14.2 An employee who is pregnant is eligible to be absent on maternity leave.
F14.3 An employee is eligible for maternity leave where termination of the pregnancy occurs within twenty weeks of the expected date of birth of the child. Where an employees pregnancy terminates more than twenty weeks before the expected date of birth of the child any maternity leave which has been prospectively approved will be cancelled.
Eligibility Paid Maternity Leave
F14.4 An employee who is eligible for maternity leave and who has completed twelve months of continuous service, including recognised prior service, is eligible for paid maternity leave.
F14.5 An employee who is eligible for maternity leave and who completes twelve months of continuous service within the first eighteen weeks of maternity leave is eligible for paid maternity leave for the period between completing twelve months of service and the end of the first eighteen weeks of maternity leave.
F14.6 An employee who is eligible for paid maternity leave and who is on approved leave without pay is eligible for paid maternity leave for the period between completing the approved period of leave without pay and the end of the first eighteen weeks of maternity leave.
Entitlement
F14.7 An eligible employee is entitled to be absent for up to fifty two weeks maternity leave for each pregnancy. To avoid doubt, the entitlement under this clause does not increase in cases of multiple births.
F14.8 Subject to subclause F14.4, an employee who is eligible for paid maternity leave is entitled to be paid for the first eighteen weeks of maternity leave and this entitlement is in addition to the Federal paid parental leave scheme.
F14.9 Maternity leave is non-cumulative.
F14.10 Subject to subclauses F14.12 and F14.13, an employee who is eligible for maternity leave must absent herself from duty for a period commencing six weeks prior to the expected date of birth of the child and ending six weeks after the actual date of birth of the child.
F14.11 An eligible employees period of maternity leave will commence:
- subject to subclause F14.12, six weeks prior to the expected date of birth of the child; or
- on the birth of the child (including where this occurs earlier than six weeks prior to the expected date of birth of the child); or
- on the date the pregnancy ends if that occurs within twenty weeks (either side) of the expected date of birth of the child; or
- for all other eligible employees, on the first day of maternity leave.
F14.12 An employee who produces medical evidence from a registered medical practitioner that she is fit for duty until a date less than six weeks prior to the expected date of birth of the child may continue to work up until a date recommended by the medical practitioner, subject to the approval of the head of service.
F14.13 An employee who has given birth to a child and produces medical evidence from a registered medical practitioner that she is fit for duty from a date less than six weeks after the date of birth of the child may resume duty on a date recommended by the medical practitioner, subject to the approval of the head of service.
F14.14 An employee who has given birth to a child may resume duty following the end of the six week period after the birth of the child and earlier than the end of the approved period of maternity leave subject to the approval of the head of service.
F14.15 An employee is entitled to return to work in accordance with the provisions in the National Employment Standards of the FW Act.
Evidence and Conditions
F14.16 An employee must give notice to their manager/supervisor as soon as practicable of their intention to be absent on maternity leave.
F14.17 Maternity leave is deemed to be approved; however an employee must submit an application to the head of service for any period of maternity leave. Having considered the requirements of this clause the head of service will approve an employees application to access maternity leave.
F14.18 Prior to commencing maternity leave an employee will provide the head of service with evidence of her pregnancy and the expected date of birth from a registered health professional who is operating within their scope of practice.
F14.19 As soon as possible after the birth of the child an employee will provide the head of service with evidence of the birth and the date of the birth. Such evidence may include a copy of the birth certificate or documents provided by a registered health professional who is operating within their scope of practice.
Rate of Payment
F14.20 The rate of payment to be paid to the employee during a paid period of maternity leave is the same rate as would be paid if the employee was granted paid personal leave.
F14.21 Despite subclause F14.20, where an employee varies their ordinary hours of work, either from part time to full time, from part time to different part time, or from full time to part time, during the twelve- month period directly preceding maternity leave, the rate of payment for the paid component of their maternity leave, which will be capped at full time rates, will be calculated by using the average of their ordinary hours of work, excluding any periods of leave without pay, for the twelve-month period immediately before the period of maternity leave commences.
F14.22 To avoid doubt, an employees status and all other entitlements remain unaltered by the operation of subclause F14.21.
F14.23 Paid maternity leave may be taken in any combination of full or half pay, with credits to be deducted on the same basis. The maximum paid period is up to thirty six weeks at half pay.
F14.24 The head of service may approve, subject to a medical certificate from a registered medical practitioner, an employee taking paid maternity leave in a non-continuous manner, provided any other form of paid leave will not be approved until the employee has used all of the employees paid maternity leave entitlement.
F14.25 A period of paid maternity leave does not extend the maximum fifty two week period of maternity leave available to an eligible employee.
F14.26 An employees period of absence on maternity leave between the paid period of maternity leave and the maximum fifty two week period of maternity leave will be without pay, unless other paid leave entitlements are accessed.
Effect on Other Entitlements
F14.27 Maternity leave with pay will count as service for all purposes.
F14.28 Any period of unpaid maternity leave taken by an employee during the period commencing six weeks prior to the expected date of birth of the child and ending six weeks after the actual date of birth of the child will count as service for all purposes.
F14.29 Subject to subclause F14.28 any period of unpaid maternity leave taken by an employee will not count as service for any purpose but does not break continuity of service.
F14.30 Public holidays for which the employee would otherwise have been entitled to payment that fall during periods of absence on maternity leave will not be paid as a normal public holiday.
Access to Other Leave Entitlements
F14.31 An application by an employee for long service leave or annual leave during a period that would otherwise be an unpaid period of maternity leave will be granted to the extent of available entitlements.
F14.32 Subject to subclause F4.54, an application by an employee for personal leave during a period that would otherwise be an unpaid period of maternity leave will be granted subject to the employee providing a certificate from a registered health professional operating within their scope of practice to the extent of available entitlements.
Keep in Touch Arrangements
F14.33 At any time after six weeks from the childs date of birth, an employee may agree to attend the workplace on up to ten separate occasions of up to one day each so as to keep in touch with developments in the workplace (for meetings and training etc.).
F14.34 The employee will be paid at their ordinary hourly rate of pay for this time during unpaid maternity leave. Keep in touch attendance will count as service for all purposes, but does not extend the period of leave and does not end or reduce the entitlement to maternity leave.
F14.35 For the purpose of subclause F14.33, a medical certificate is not required.
F15 Special Maternity Leave
Purpose
F15.1 Special maternity leave is available to employees where:
- the employee is not fit for work due to a pregnancy related illness, or
- the pregnancy of the employee ends within twenty eight weeks of the expected date of birth, other than by the birth of a living child.Note: If a pregnancy ends within twenty weeks of the expected date of birth of the child the employee may be entitled to paid or unpaid maternity leave as per subclauses F14.3 and F14.4.
Eligibility
F15.2 Special maternity leave is available to all employees and eligible casual employees.
Entitlement
F15.3 An employee is entitled to a period of unpaid special maternity leave for the duration certified by a registered medical practitioner as necessary.
Evidence and Conditions
F15.4 The employee must provide the head of service with notice that they are taking special maternity leave. The notice must be given as soon as practicable (which may be after the leave has started); and should include the period, or expected period, of the leave.
F15.5 An employee must submit an application to the head of service for any period of special maternity leave. Having considered the requirements of this clause the head of service will approve an employees application to access special maternity leave.
F15.6 An employee who has given notice that special maternity leave will be (or is being) taken must provide reasonable evidence of the purpose for taking leave. This evidence may include a medical certificate from a registered medical practitioner.
Rate of Payment
F15.7 Special maternity leave is granted without pay.
Effect on Other Entitlements
F15.8 Special Maternity leave does not count as service for any purpose.
F15.9 Special maternity leave does not break continuity of service.
F15.10 Special maternity leave accessed due to pregnancy related illness is not deducted from the entitlement for unpaid maternity leave accessed after the birth of the child.
Access to Other Leave Entitlements
F15.11 Special maternity leave is in addition to any accrued personal leave entitlement.
F15.12 Special maternity leave is in addition to compassionate leave.
F16 Primary Care Giver Leave
Purpose
F16.1 Primary care giver leave is available to employees to enable them to be absent from duty to:
- care for and bond with a newborn child; and
- support the protection of the family and children under the Human Rights Act 2004.
Eligibility
F16.2 Primary care giver leave is available to employees other than casual employees who are the primary care giver of a newborn child.
F16.3 An employee who has completed at least twelve months continuous service, including recognised prior service, is eligible for primary care giver leave.
F16.4 An employee who is eligible for paid maternity leave, foster and short term care leave, or adoption or permanent care leave is not eligible for primary care giver leave.
F16.5 An employee who completes twelve months of continuous service within eighteen weeks of becoming the primary care giver for a child is eligible for primary care giver leave for the period between completing twelve months of qualifying service and the end of the first eighteen weeks of becoming the primary care giver of the child.
Entitlement
F16.6 An eligible employee is entitled to eighteen weeks of paid leave in relation to each birth and this entitlement is in addition to the Federal paid parental leave scheme. To avoid doubt, the entitlement under this clause does not increase in cases of multiple births, adoptions or care and protection orders that apply to more than one child.
F16.7 Primary care giver leave is non-cumulative.
F16.8 An employee is entitled to return to work in accordance with the provisions in the National Employment Standards.
Evidence and Conditions
F16.9 An employee should discuss with their manager/supervisor, as soon practicable, their intention to be absent on primary care giver leave.
F16.10 An employee must make an application to the head of service to access their primary care giver leave.
F16.11 The employee must provide the head of service with appropriate evidence concerning the reasons for and circumstances under which the primary care giver leave application is made, which may include:
- a certificate from a registered health professional operating within their scope of practice relating to the expected date of birth of a child; or
- a birth certificate.
F16.12 In all cases details of leave being taken by the employees domestic partner must be provided.
F16.13 Before granting primary care giver leave, the head of service must be satisfied that the employee demonstrates that they are the primary care giver.
- Example 1: The primary care giver may be the father of the newborn child.
- Example 2: The primary care giver may be the domestic partner of the newborn childs mother.
F16.14 For the purposes of this clause a newborn is considered to be a baby of up to fourteen weeks old. In extenuating circumstances, the head of service may approve primary care giver leave when a newborn is more than fourteen weeks old.
F16.15 Having considered the requirements of this clause the head of service will approve an employees application to access primary care giver leave.
F16.16 The total combined entitlement under this clause and the maternity leave clause, and equivalent clauses in any other ACTPS enterprise agreement, is eighteen weeks of paid leave in relation to the birth.
F16.17 Primary care giver leave may be taken in any combination with maternity leave provided that the mother and the other employee entitled to primary care giver leave do not take these forms of paid leave concurrently.
Rate of Payment
F16.18 Primary care giver leave will be granted with pay.
F16.19 The rate of payment to be paid to the employee during a paid period of primary care giver leave is the same rate as would be paid if the employee was granted personal leave.
F16.20 Despite subclause F16.19, where an employee varies their ordinary hours of work, either from part time to full time, from part time to different part time, or from full time to part time, during the twelve-month period directly preceding primary care giver leave, the rate of payment for the paid component of their primary care giver leave, which will be capped at full time rates, will be calculated by using the average of their ordinary hours of work, excluding any periods of leave without pay, for the twelve-month period immediately before the period of primary care giver leave commences.
F16.21 To avoid doubt, an employees status and all other entitlements remain unaltered by the operation of subclause F16.20.
F16.22 Primary care giver leave may be granted in any combination of full or half pay, with credits to be deducted on the same basis. The maximum paid period is up to thirty six weeks at half pay.
Effect on Other Entitlements
F16.23 Primary care giver leave will count as service for all purposes.
F16.24 Public holidays for which the employee would otherwise have been entitled to payment that fall during periods of absence on primary caregiver leave will not be paid as a normal public holiday.
Access to Other Leave Entitlements
F16.25 Primary care giver leave does not extend the maximum period of unpaid parental leave available to an employee.
Keep in Touch Arrangements
F16.26 An employee on primary care giver leave may agree to attend the workplace on up to ten separate occasions of up to one day each so as to keep in touch with developments in the workplace (for meetings and training etc.).
F16.27 The employee will be paid at their ordinary hourly rate of pay for this time during unpaid primary care giver leave. Keep in touch attendance will count as service for all purposes, but does not extend the period of leave and does not end or reduce the entitlement to primary care giver leave.
F17 Parental Leave
Purpose
F17.1 Parental leave without pay is in addition to the provisions available in maternity leave, primary care giver leave and adoption or permanent care leave and is available to employees to enable them to be absent from duty following the birth or adoption of a child or the commencement of a permanent caring arrangement for a child.
Eligibility
F17.2 Parental leave is available to an employee or an eligible casual employee who is the primary care giver of a child following the birth or adoption of a child or the commencement of a permanent caring arrangement for a child.
Entitlement
F17.3 An employee is entitled to up to two years of parental leave following the childs birth, adoption or commencement of a permanent caring arrangement, less any period of maternity leave, primary care giver leave or adoption or permanent care leave which the employee has taken in relation to the same child.
F17.4 To avoid doubt, the entitlement under this clause does not increase in cases of multiple births, adoptions or permanent caring arrangements that apply to more than one child at any one time.
F17.5 At the end of this time the employee is entitled to return to work in accordance with the provisions in the National Employment Standards.
F17.6 An employee is entitled to apply and will be granted an additional year of parental leave for up to two occasions of birth, adoption or commencement of a permanent caring arrangement, provided that the employee agrees, where necessary, to become unattached.
Evidence and Conditions
F17.7 An employee should discuss with their manager/supervisor, as soon as practicable, their intention to be absent on parental leave.
F17.8 An employee must make an application to the head of service to access their unpaid parental leave entitlement.
F17.9 Having considered the requirements of this clause the head of service will approve an employees application to access parental leave.
F17.10 The employee must provide the head of service with appropriate evidence concerning the reasons for and circumstances under which the unpaid parental leave application is made, which may include:
- a birth certificate; or
- documents from an adoption authority concerning the adoption of a child; or
- documents relating to a permanent caring arrangement.
F17.11 The head of service will not grant parental leave if the employees domestic partner is on parental leave and is an employee of the ACTPS.
Rate of Payment
F17.12 Parental leave will be granted without pay.
Effect on Other Entitlements
F17.13 Parental leave does not count as service for any purpose.
F17.14 Parental leave does not break continuity of service.
F17.15 Public holidays for which the employee would otherwise have been entitled to payment that fall during periods of absence on parental leave will not be paid as a normal public holiday.
Access to Other Leave Entitlements
F17.16 An employee on parental leave may access annual and long service leave on full or half pay to the extent of available entitlements.
F17.17 An application by an employee for personal leave during a period that would otherwise be a period of parental leave will be granted subject to the employee providing a certificate from a registered health professional operating within their scope of practice.
Keep in Touch Arrangements
F17.18 An employee may agree to attend the workplace on up to ten separate occasions of up to one day each so as to keep in touch with developments in the workplace (for meetings and training etc.), less any Keep In Touch time approved during maternity or primary caregiver leave as per subclauses F14.33 or F16.26.
F17.19 The employee will be paid at their ordinary hourly rate of pay for this time. Keep in touch attendance will count as service for all purposes, but does not extend the period of leave and does not end or reduce the entitlement to parental leave.
F18 Bonding Leave
Purpose
F18.1 Bonding leave is available to employees to enable them to be absent from duty to:
- bond with a newborn child, adopted child or a child for whom the employees domestic partner has commenced a primary care giving role under a permanent caring arrangement;
- support the protection of the family and children under the Human Rights Act 2004.
Eligibility
F18.2 Bonding leave is available to employees other than casual employees at the time of the childs birth, adoption or the commencement of a permanent caring arrangement when the employee is not the primary care giver to the child.
F18.3 An employee who is eligible for paid maternity leave, adoption or permanent care leave or primary care giver leave is not entitled to bonding leave. If, however, bonding leave has been taken by the employee, and the employee later becomes entitled to primary care givers leave due to unforeseen circumstances, the head of service may agree to convert the bonding leave and personal leave taken in accordance with this clause to primary care givers leave.
Entitlement
F18.4 Under this clause, an employee is entitled to be absent on paid leave for a maximum of two weeks (ten working days) at, or near, the time of the birth, adoption or commencement of the permanent caring arrangement. The maximum absence may be increased by a further five days of personal leave for bonding purposes as per subclause F4.44.
F18.5 In accordance with the National Employment Standards, an eligible employee is entitled to be absent up to a maximum of eight weeks of concurrent unpaid bonding leave in the first twelve months following the birth or adoption or commencement of a permanent caring arrangement for a child, subject to a minimum period of two weeks at a time unless a shorter period is agreed by the head of service.
F18.6 The entitlement under sub-clause F18.5 will be reduced by the extent of the entitlement accessed by an employee under sub-clause F18.4.
F18.7 To avoid doubt, the entitlement under this clause does not increase in cases of multiple births, adoptions or permanent caring arrangements that apply to more than one child at the one time.
F18.8 Bonding leave is non-cumulative.
F18.9 Paid bonding leave must be taken as a single ten day block. The five days of personal leave accessed as per subclause F4.44 may be taken at any time up to fourteen weeks from the date of the birth, adoption or commencement of the permanent caring arrangement.
F18.10 Where an employees domestic partner is also an ACTPS employee this leave may be taken concurrently with the domestic partner receiving maternity leave, adoption or permanent care leave or primary care giver leave.
Evidence and Conditions
F18.11 An employee should discuss with their manager/supervisor, as soon as practicable, their intention to be absent on bonding leave.
F18.12 Bonding leave will be approved subject only to the head of service being satisfied that the eligibility requirements have been met; however an employee must submit an application to the head of service for any period of bonding leave.
F18.13 The employee must provide the head of service with appropriate evidence concerning the circumstances under which the bonding leave application is made, which may include:
- a medical certificate relating to the expected date of birth of a child; or
- a birth certificate; or
- documents from an adoption authority concerning the proposed adoption of a child; or
- documents relating to a permanent caring arrangement until the child reaches the age of eighteen.
F18.14 Unless the head of service determines that exceptional circumstances apply bonding leave will not be approved to care for:
- a baby over the age of fourteen weeks (not applicable in cases of adoption or permanent caring arrangements); or
- an adopted child or child who is the subject of a permanent caring arrangement over the age of eighteen on the day of placement.
Rate of Payment
F18.15 Bonding leave will be granted with or without pay.
F18.16 The rate of payment to be paid to the employee during a period of paid bonding leave is the same rate as would be paid if the employee was granted personal leave.
Effect on Other Entitlements
F18.17 Paid bonding leave will count as service for all purposes and unpaid bonding leave will not count as service for any purposes but will not break continuity of service.
F18.18 Public holidays for which the employee is entitled to payment that fall during periods of absence on paid bonding leave will be paid as a normal public holiday and will not extend the maximum period of bonding leave.
F19 Grandparental Leave
Purpose
F19.1 Grandparental leave is available to employees to enable them to be absent from duty to undertake a primary care giving role to their grandchild during normal business hours.
Eligibility
F19.2 Grandparental leave is available to employees other than casual employees and employees on probation.
F19.3 To be eligible for grandparental leave, the baby or child whom the employee is providing care for must be:
- their grandchild; or
- their step-grandchild; or
- their adopted grandchild; or
- a child for whom the employees child has parental or caring responsibility authorised under a law of a State or Territory.
Entitlement
F19.4 An eligible employee may be granted up to fifty two weeks of grandparental leave, in relation to each grandchild under care. This leave may be taken over a period not exceeding five years.
F19.5 Grandparental leave is available up until the fifth birthday of the grandchild for whom the employee is the primary care giver.
F19.6 Grandparental leave is non-cumulative.
F19.7 The length of a period of absence on grandparental leave must be agreed between the eligible employee and the head of service.
Example 1: A day or part-day on an occasional basis.
Example 2: A regular period of leave each week, fortnight or month.
Example 3: A larger block of leave such as six or twelve months.
F19.8 If an employee is absent on grandparental leave and becomes a grandparent to another grandchild, for whom they are the primary care giver, a new application must be made as per subclause F19.4.
Evidence and Conditions
F19.9 An employee should discuss with their manager/supervisor, as soon as practicable, their intention to be absent on grandparental leave.
F19.10 An employee must make an application to the head of service to access their grandparental leave entitlement, and must include details of the period, or expected period, of the absence.
F19.11 Having considered the requirements of this clause the head of service may approve an employees application to access grandparental leave. A decision not to approve the leave will be taken in accordance with subclause F2.1.
F19.12 The head of service should not approve an application for grandparental leave where an employee has an annual leave balance in excess of eight weeks.
F19.13 An application for grandparental leave must include evidence in the form of:
- a statutory declaration or a medical certificate confirming the birth or the expected date of the birth of the grandchild; or
- the grandchild's adoption certificate or a statutory declaration confirming the adoption of the grandchild; or
- a letter or a statutory declaration confirming that there is an authorised care situation.
F19.14 If both grandparents are employees of the ACTPS either grandparent may be granted leave but the leave may not be taken concurrently.
Rate of Payment
F19.15 Grandparental leave will be granted without pay.
Effect on Other Entitlements
F19.16 Employees cannot engage in outside employment during a period of grandparental leave without the prior approval of the head of service.
F19.17 Grandparental leave will count as service for all purposes except the accrual of annual leave and personal leave.
F19.18 Grandparental leave will not break continuity of service.
F19.19 Public holidays for which the employee would otherwise have been entitled to payment that fall during periods of absence on grandparental leave will not be paid as a normal public holiday.
Access to Other Leave Entitlements
F19.20 An employee on grandparental leave may access annual leave, purchased leave or long service leave.
F19.21 An application by an employee for personal leave during a period that would otherwise be grandparental leave will be granted subject to the employee providing a certificate from a registered health professional who is operating within their scope of practice.
Unattachment
F19.22 During an employees absence on grandparental leave, the head of service may, with the employees written consent, declare the employee unattached.
F20 Adoption or Permanent Care Leave
F 20 - Title
This leave type was negotiated during the 8th ACTPS Agreement Bargaining Round (2013/14) when it became apparent that the prescription relating to adoption or other permanent out of home care placements previously provided through Primary Care Giver Leave failed to appropriately account for the complex differences with such caring arrangements. There was also a recognised need to align terminology and prescription with the relevant provisions of the Children and Young People Act 2008.
Purpose
F20.1 Adoption or Permanent Care leave is available to employees to enable them to be absent from duty to:
F 20.1 (a) - Adoption or Permanent Care Leave
To avoid doubt, this leave relates to:
- Adoptions;
- Long term or enduring foster caring arrangements; and
- Long term or enduring kinship caring arrangements.
- care for and bond with an adopted child or a child for whom the employee has a permanent caring responsibility, including kinship arrangements, until the child turns eighteen; and
- support the protection of the family and children under the Human Rights Act 2004 and the Children and Young People Act 2008.
Eligibility
F20.2 Paid adoption or permanent care leave is available to employees other than casual employees who are the primary care giver of an adopted child or a child for whom the employee has a permanent caring responsibility until the child turns eighteen.
F20.3 An employee who has completed at least twelve months continuous service, including recognised prior service, is eligible for adoption or permanent care leave.
F20.4 An employee who is eligible for paid primary care giver leave is not eligible for adoption or permanent care leave.
F20.5 An employee who completes twelve months of continuous service within eighteen weeks of becoming the primary care giver for an adopted child or a child for whom the employee has a permanent caring responsibility is eligible for adoption or permanent care leave for the period between completing twelve months of qualifying service and the end of the first eighteen weeks of becoming the primary care giver of the child.
Entitlement
F20.6 An eligible employee is entitled to eighteen weeks of paid leave in relation to each occasion of adoption or commencement of a permanent caring responsibility.
F 20.6 - Adoption or Permanent Care Leave
The entitlement to 18 weeks of paid leave is defined in relation to ‘each’ occasion of adoption or commencement of a permanent caring responsibility. For example, should an employee commence an adoption and subsequently commence a permanent caring responsibility (foster or kinship care) for another child, then the employee would be separately eligible for the entitlement for each arrangements.
F20.7 A casual employee is entitled to unpaid pre-adoption leave in accordance with the provisions of the National Employment Standards.
F20.8 To avoid doubt, the entitlement under sub-clause F20.6 does not increase when the adoption or permanent caring responsibility involves more than one child at the time of application.
F20.9 Adoption and permanent care leave is non-cumulative.
F20.10 An employee is entitled to return to work in accordance with the provisions in the National Employment Standards.
Evidence and Conditions
F20.11 An employee should discuss with their manager/supervisor, as soon practicable, their intention to be absent on adoption or permanent carer leave.
F 20.11 - Adoption or Permanent Care Leave
The delegate should be aware that in such circumstances many caring arrangements, typically kinship caring arrangements, can commence with very little warning to the employee/carer. As such, appropriate flexibility and discretion should be exercised on a case by case basis.
F20.12 An employee must make an application to the head of service to access their adoption or permanent care leave.
F20.13 The employee must provide the head of service with appropriate evidence concerning the reasons for and circumstances under which the adoption or permanent care leave application is made, which may include:
- documents from an adoption authority concerning the adoption; or
- an authorisation as a kinship carer made under the Children and Young Peoples Act 2008.
F20.14 In all cases details of leave being taken by the employees domestic partner must be provided.
F20.15 Leave under this clause will not be approved for employees in circumstances where the child has lived continuously with the employee for a period of six months or more at the date of placement or in cases where the child is a child of the employee or employees spouse or de facto partner.
F20.16 Before granting leave the head of service must be satisfied that the employee demonstrates that they are the primary care giver.
Example 1: The primary care giver may be the adoptive mother or father of the child.
Example 2: The primary care giver may be authorised as a permanent kinship carer in the initial six months of the childs placement with them.
F20.17 Adoption or permanent care leave may commence up to one week prior to the date the employee assumes permanent caring responsibility for the child but not later than the formal commencement of the adoption or permanent caring responsibility, unless exceptional circumstances apply.
F20.18 In all cases, the child(ren) must be under the age of eighteen at the date the employee assumes permanent responsibility for the child for leave to be approved.
Rate of Payment
F20.19 Adoption or permanent care leave will be granted with pay, except for unpaid pre-adoption leave for casual employees.
F20.20 The rate of payment to be paid to the employee during a paid period of adoption or permanent care leave is the same rate as would be paid if the employee was granted personal leave.
F20.21 Despite sub-clause F20.20 where an employee varies their ordinary hours of work, either from part time to full time, from part time to different part time, or from full time to part time, during the twelve month period directly preceding adoption or permanent caring leave, the rate of payment for the paid component of their adoption or permanent care leave, which will be capped at full time rates, will be calculated by using the average of their ordinary hours of work, excluding any periods of leave without pay, for the twelve month period immediately before the period of adoption or permanent care leave commences.
F20.22 To avoid doubt, an employees status and all other entitlements remain unaltered by the operation of sub-clause F20.21.
F20.23 Leave may be granted in any combination of full or half pay, with credits to be deducted on the same basis. The maximum paid period is up to thirty six weeks at half pay.
Effect on Other Entitlements
F20.24 Paid adoption or permanent care leave will count as service for all purposes.
F20.25 Public holidays for which the employee would otherwise have been entitled to payment that fall during periods of absence on adoption or permanent care leave will not be paid as a normal public holiday.
Access to Other Leave Entitlements
F20.26 Adoption or permanent care leave does not extend the maximum period of unpaid parental leave available to an employee.
F21 Foster and Short Term Care Leave
F 21 - Title - Foster and Short Term Care Leave
This leave type was negotiated during the 8th ACTPS Agreement Bargaining Round (2013/14) when it became apparent that the prescription relating to short term fostering or out of home care kinship placements previously provided through Bonding Leave failed to appropriately account for the complex differences with such caring arrangements. There was also a recognised need to align terminology and prescription with the relevant provisions of the Children and Young People Act 2008.
Purpose
F21.1 Foster and Short Term Care leave is available to employees to enable them to be absent from duty to:
-
care for a child in an emergency or other short term out of home care placement, including kinship arrangements, that has not been determined to be permanent; and
F 21.1 (a) - Foster and Short Term Care Leave
A short term caring responsibility under this leave type is defined in the Dictionary as an out of home care placement for a child of up to two years duration as defined by the Children and Young People Act 2008. This may be described as an ‘interim’, ‘emergency’, ‘respite’ or ‘short term’ caring arrangement under the Children and Young People Act 2008.
Eligibility
F21.2 Foster and Short Term Care leave is available to employees other than casual employees who are the primary care giver of a child in an emergency or other out of home care placement that has not been determined as permanent.
F21.3 An employee who has completed at least twelve months continuous service, including recognised prior service, is eligible for Foster and Short Term Care leave.
Entitlement
F21.4 An eligible employee will be entitled to a period of paid leave proportionate to the duration of the caring arrangement per application and up to a maximum of ten working days/shifts per calendar year.
Example 1: An emergency care placement of 48 hours will entitle an employee to up to two days/shifts of leave.
Example 2: A short term care placement of up to two years duration will entitle an employee to up to ten working days/shifts of leave.
F21.5 Where the duration of the existing arrangement is subsequently altered, for example, a change from an emergency placement to a short term placement, the employee may, subject to further application and approval, have their leave extended up to a maximum period of ten working days/shifts.
F21.6 An eligible employee will be entitled to paid leave as per sub-clause F21.4 to undertake accreditation towards an enduring parental authority to care for the child(ren) to whom the current short term caring arrangement applies.
F 21.6 - Foster and Short Term Care Leave
This paid entitlement is not in addition to the basic paid entitlement provided for caring responsibilities under F 21.4. Typically, such accreditation requires undertaking coursework and a series of separate interviews with the carer and the child. An emphasis on part day leave arrangements should be discussed between the employee and delegate.
F21.7 The entitlement under sub-clause F21.4 does not increase when the short term caring arrangement involves more than one child at the time of application.
F21.8 Foster and Short Term Care leave is non-cumulative.
F21.9 Where an employee exhausts their paid leave entitlement under this clause the employee may seek approval for further unpaid leave.
Evidence and Conditions
F21.10 An employee should discuss with their manager/supervisor, as soon practicable, their intention to be absent on Foster and Short Term Care leave.
F 21.10 - Foster and Short Term Care Leave
The delegate and the employee should discuss planned arrangements as soon as practicable with the emphasis on leave being taken as required, which may often include part day periods, as opposed to a single multi-day block of leave. A shared understanding of leave usage should allow for the proper functioning of the business unit and support the employee’s ability to provide care for the child.
F21.11 An employee must make an application, as soon as practicable, to the head of service to access their Foster and Short Term Care leave.
F 21.11 - Foster and Short Term Care Leave
The delegate should be aware that in such circumstances many caring arrangements, typically kinship caring arrangements, can commence with very little warning to the employee/carer. As such, appropriate flexibility and discretion should be exercised on a case by case basis.
F21.12 The employee must provide the head of service with appropriate evidence concerning the reasons for and circumstances under which each Foster and Short Term Care leave application is made, which may include:
F 21.12 - Foster and Short Term Care Leave
The delegate should be aware that every short term kinship or foster caring arrangement will be different, some particularly complicated, and appropriate discretion and flexibility should be exercised on a case by case basis.
- documents relating to current and previous court orders granting responsibility for a foster child; or
- documents from a registered health professional or registered medical professional.
Rate of Payment
F21.13 Foster and Short Term Care leave will be granted with pay or without pay.
F21.14 The rate of payment during absence on a period of paid Foster and Short Term Care leave is the same rate as would be paid if the employee was granted personal leave.
F21.15 The approved leave period may be taken at full pay in a single block or as single or part days.
F 21.15 - Foster and Short Term Care Leave
This sub-clause supports the flexibility often required by employees undertaking short term foster and kinship caring responsibilities. Rather than necessarily requiring a ten day/shift block of leave, employees in these circumstances often require a series of single or part days of leave to cover a range of necessary activities to initiate caring for the child. Examples include visits to doctors, dentists, counsellors, schools and/or day care facilities.
Effect on Other Entitlements
F21.16 Paid Foster and Short Term Care leave will count as service for all purposes and unpaid Foster and Short Term Care leave will not count as service for any purposes but will not break continuity of service.
F21.17 Public holidays for which the employee is entitled to payment that fall during periods of absence on paid Foster and Short Term Care leave will be paid as a normal public holiday and will not be considered to be Foster and Short Term Care leave.
Access to Other Leave Entitlements
F21.18 An eligible employee will be required to have exhausted their entitlement under this leave clause before accessing their personal leave credit to care for a child, for whom they are responsible under a short term caring arrangement, who is ill or injured.
F22 Leave for Domestic Violence Purposes
Purpose
F22.1 Leave for domestic violence purposes is available to employees who are experiencing domestic violence to allow them to be absent from the workplace to attend counselling appointments, legal proceedings and other activities related to, and as a consequence of, domestic violence.
F22.2 Domestic violence is defined in the Dictionary.
Eligibility
F22.3 Leave for domestic violence purposes is available to all employees with the exception of casual employees.
F22.4 Casual employees are entitled to access leave without pay for domestic violence purposes.
F 22.4 - Casual employees are entitled to access leave without pay for domestic violence purposes
The employer is to provide approval for leave of absence however no formal leave application is required to be submitted to Shared Services.
Entitlement
F22.5 An employee experiencing domestic violence will have access up to a maximum of 20 days/shifts per calendar year paid leave, subject to the provision of appropriate evidence. Leave for domestic violence purposes is non-accumulative.
F22.6 Leave for domestic violence purposes is in addition to other leave entitlements and is not to be used as a substitute for personal leave. However, where supporting evidence is not immediately available the head or service will, grant paid leave under clause F5 of this Agreement (Personal Leave in Extraordinary and Unforseen Circumstances), subject to available credit. If the employee subsequently produces supporting evidence, the personal leave will be re-credited and the leave taken will be converted to leave for domestic violence purposes.
F 22.6 - Leave for domestic violence purposes is in addition to other leave entitlements and is not to be used as a substitute for personal leave.
Where the employee subsequently provides documentary evidence, on advice, the personal leave will be re-credited and substituted by an Application for Leave form requesting 'other' leave with a stated reason of 'leave not provided for elsewhere with pay'.
F22.7 Leave for domestic violence purposes is to be used to:
- attend appropriate medical appointments for referral to other appropriate counselling or support services;
- obtain legal advice;
- attend counselling appointments;
- seek assistance from other relevant support services;
- attend court proceedings;
- attend prosecution appointments;
- attend police appointments;or to access:
- alternative accommodation;
- alternative childcare or schooling for children;the need for which is as a consequence of domestic violence occurring.
F22.8 Leave for domestic violence purposes may be taken as consecutive or single days, or as part days.
F22.9 For confidentiality and privacy reasons leave for domestic violence purposes will be attributed as coming under where leave cannot be granted under any other provision which is included and identified within Other Leave Types in Annex D of this Agreement.
F 22.9 - For confidentiality and privacy reasons leave for domestic violence purposes will be attributed as coming under "where leave cannot be granted under any other provision" which is included and identified within "Other Leave Types" in Annex D of this Agreement.
The person who has been approached by the employee or their representative regarding a DVL application is the custodian of all evidence and discussions pertaining to that application. There may be instances where a Division Head is approached rather than the usual delegate or line manager for example. See annotation at F22.14 for managerial obligations regarding confidentiality. The employee and their representative must be advised of ACTPS expectations pertaining to confidentiality and record keeping at the time they apply for DVL.
The ACTPS expects the individual who is approached by the employee or their representative with the leave application to keep a confidential and accurate record of the number of DVL days taken against the employee’s entitlement over the calendar year. Under no circumstances is any evidence to accompany the leave application submitted to Shared Services, even if the employee gives approval for, or prefers for that to occur.
If the delegate who has approved DVL over the course of a calendar year is to move elsewhere in the sector, or is to leave the ACTPS, they must provide the original leave application files to the affected employee or their representative for record keeping purposes.
In the event that the employee moves to a new position, or where their reporting lines have changed, the employee is required to consider whom they would feel comfortable disclosing future DVL applications with in accordance with subclause F22.10. If further DVL applications are to be made, employees or their representatives are required to provide records of the number of days taken against their entitlement over the course of the calendar year, at the time of making a new DVL application.
Evidence and Conditions
F22.10 Employees wishing to access leave for domestic violence purposes should discuss making an application with their manager/supervisor or an appropriate HR Manager as soon as reasonably practical.
F 22.10 - Employees wishing to access leave for domestic violence purposes should discuss making an application with their manager/supervisor or an appropriate HR Manager as soon as reasonably practical.
In some situations, an employee may need to take the DVL first in order to access the evidence required to submit the DVL application. For example, Jane may need to take two days leave to attend court and her local police station in order to obtain evidence of a protection order and police statement. In other words, the DVL application may at times be a retrospective one. It is up to the delegate who has been approached with the DVL application to ensure that they view the mandatory evidence as soon as practicable after the period of DVL has been taken.
F22.11 As a general rule, a leave application should be submitted by an employee for approval by the head of service before the commencement of the leave. However, retrospective applications may be approved provided that appropriate evidence is provided as soon as reasonably practicable upon the employees return to the workplace.
F22.12 Evidence of the occurrence of domestic violence will be required to access leave for domestic violence purposes.
F22.13 Evidence may include:
F 22.13 - Evidence
There will be instances where employees may not be willing to engage with specialist services or to report domestic violence to the authorities. Under these circumstances, an employee may seek to provide a statutory declaration as evidence of domestic violence and the activities undertaken as a consequence. For example the statutory declaration might disclose that domestic violence has occurred and that the employee requires five days away from work to find and move into new accommodation.
Should the person approving the leave be presented with a statutory declaration in isolation, it should be noted that evidentiary requirements under this leave type were drafted in such a way as to encourage victims to engage with specialist support services. A statutory declaration in isolation (or a series of them) should not count as sufficient evidence and the specific context and complexity of the circumstances surrounding the DVL application must be considered. For example, it is acceptable for an employee to provide a court document for an initial DVL application and supplement this evidence with statutory declarations for future applications.
If the employee provides evidence from a court, police officer or a counsellor, and this evidence demonstrates that the employee will be required to attend multiple appointments or counselling over a continuous period of time e.g. each Monday for the next two months, then this evidence should be sufficient to approve DVL for that entire period.
- a document issued by the Police;
- a written referral, issued by a registered medical practitioner or registered nurse, to a counsellor trained in providing support in domestic violence situations;
- a document issued by a Court, or a counsellor trained in providing support to people experiencing the effects of domestic violence;
- written confirmation from an Employee Assistance Program provider or from a domestic violence support service that the employee is experiencing domestic violence issues.
F22.14 Managers are to keep all information concerning the leave application strictly confidential. This includes, after sighting any supporting documentation, returning that documentation to the employee.
F 22.14 - Managers are to keep all information concerning the leave application strictly confidential.
Under no circumstances is the delegate who has been approached with the DVL application to share its details with other colleagues without the explicit permission of the employee. This may result in instances where a delegate, line, or HR manager may not be able to share the details of a DVL application with each other. There may be instances where an employee feels uncomfortable disclosing the details of their DVL application with their entire team and may approach their Division head for example. In this circumstance the Division head will inform the delegate and line manager that 'other' leave has been approved with a stated reason of 'leave not provided for elsewhere with pay'.
Rate of Payment
F22.15 Leave for domestic violence purposes is granted with pay. Casual employees are entitled to access leave without pay for domestic violence purposes.
F22.16 Leave for domestic violence purposes will not be granted at half pay, unless there are extenuating circumstances.
Effect on Other Entitlements
F22.17 Leave with pay for domestic violence purposes will count as service for all purposes. Leave without pay for domestic violence purposes will not count as service for any purpose, but will not break an employees continuity of service.
Access to Other Leave Entitlements
F22.18 Where leave for domestic violence purposes credits have been exhausted the head of service may grant an employee leave without pay or other forms of paid leave, such as annual leave or long service leave.
F22.19 Employees should utilise personal leave for an illness or injury, or to seek treatment for an illness or injury, caused by domestic violence.
F22.20 Leave entitlements under clause F5 of this Agreement (Personal Leave in Extraordinary and Unforseen Circumstances) may be used by an employee who is seeking leave to support a person who is experiencing domestic violence.
F 22.20 - Leave entitlements under clause F5 of this Agreement (Personal Leave in Extraordinary and Unforseen Circumstances) may be used by an employee who is seeking leave to support a person who is experiencing domestic violence.
As leave in this instance is in accordance with F5, there is no expectation for the employee to provide documentary evidence when they are supporting another person experiencing domestic violence.
Further Consideration
F22.21 The head of service and unions covered by this Agreement, agree to examine options to deal with the work-related consequences for employees who are victims of sexual assault in instances that occur outside the confines of a domestic relationship. Consultation with subject matter experts and interested stakeholders will be undertaken with a view to developing an ACTPS-wide policy that may provide for additional entitlements for ACTPS employees in such circumstances. The Chief Minister and Treasury Directorate will commence this work in consultation with ACTPS workplace unions not later than six months from the commencement of this Agreement.
F23 Recovery Leave Arrangements for Senior Officer Grade A and B and Equivalent Employees
F23.1 The ACTPS has a responsibility to minimise the extent to which excessive hours are worked by Senior Officer Grade A or B (or equivalent) employees. As far as practicable, directorates and business units will develop strategies to try to reduce the incidence of excessive hours being worked by this group of employees.
F23.2 The working arrangements, including working hours, for an employee who is a Senior Officer Grade A or B (or equivalent classification) will be agreed between the employee and the manager/supervisor. In considering these working arrangements, the employee and the manager/supervisor will take into account in particular:
- the operational requirements and workload demands of the ACTPS and/or the relevant business unit; and
- the interests of the employee in achieving a reasonable work-life balance.
F23.3 Senior Officer Grade A and B (or equivalent) employees may be required to work extensive hours over a significant period because of the nature of their duties and responsibilities.
F23.4 In recognition of extensive hours performed, recovery leave arrangements set out in subclause F23.5 will apply. These arrangements do not apply to:
- casual employees; or
- Senior Officer Grade A and B (or equivalent) employees who work shift work; or
- officers with a pay less than that of a Senior Officer Grade B (or equivalent) who have been. or will be, performing the duties of a position of Senior Officer Grade A or B (or equivalent) for a continuous period of less than four months.
F23.5 An eligible employee will be provided with a credit of five days non-cumulative recovery leave on 1 April each year under the following conditions:
- the leave is to be taken within twelve months of the credit being granted, at a time agreed between the employee and the manager/supervisor; and
- those days not taken by the employee within twelve months of the credit being provided will lapse; and
- the credit is provided on the basis that the employee maintains appropriate attendance records and submits an application for leave on an approved form; and
- the leave taken at any given time must be in whole days up to a maximum of two consecutive working days.
F23.6 Employees who become eligible for recovery leave part way through the twelve month period commencing on 1 April will be provided with a pro-rata credit rounded up to the nearest whole day.
F23.7 If an employees application for leave under this clause is not approved due to operational reasons, the employee and his/her manager/supervisor will determine a mutually convenient alternative time, or times, for the employee to take the leave.
F23.8 Employees will not receive payment on separation from the ACTPS of any unused recovery leave entitlement.
F24 Other Leave
Purpose
F24.1 Other leave is available to employees to enable them to be absent from duty for a variety of purposes as set out in Annex D.
F24.2 Other leave may be granted in the interests of:
- the ACTPS, a State, a Territory or the Commonwealth; or
- the community in general; or
- the employee.
Note: Separate provisions apply for community service leave which includes jury service, voluntary emergency management and voluntary community service.
Eligibility
F24.3 An employee who meets the eligibility requirements specified in Annex D is eligible to apply for that form of other leave.
Entitlement
F24.4 An employee may be granted other leave to the maximum period set out in Annex D.
Evidence and Conditions
F24.5 An employee should discuss with their manager/supervisor, as soon as practicable, their intention to be absent on a form of other leave, including the reasons for the absence and the period, or expected period, of the absence.
F24.6 An employee must make an application to the head of service to access a form of other leave.
F24.7 Having considered the requirements of this clause the head of service may approve an employees application to access a form of other leave. A decision not to approve the leave must be made in accordance with subclause F2.1.
F24.8 The employee must, if requested by the head of service, provide sufficient documentary evidence supporting the reason for the absence.
F24.9 When considering requests for other leave, the head of service will take into account:
- the employees circumstances;
- community norms and obligations;
- the operational requirements of the workplace;
- other available leave options;
- any conditions on the entitlement as defined in Annex D.
Rate of Payment
F24.10 Other leave may be granted with or without pay in accordance with Annex D.
Effect on Other Entitlements
F24.11 A period of other leave will, or will not, count as service in accordance with Annex D.
F24.12 Public holidays for which the employee is entitled to payment that fall during periods of absence on other paid leave will be paid as a normal public holiday and will not reduce an entitlement of the employee to other leave under Annex D.
Access to Other Leave Entitlements
F24.13 Leave will not be granted under this provision if another form of leave is more appropriate.
Unattachment
F24.14 Where the leave is without pay for a period of more than twelve months the head of service may, with the employees written consent, declare the employee unattached.
F25 Long Service Leave
F25.1 The eligibility requirements and entitlements for long service leave under the PSM Standards apply subject to the provisions of this clause.
F25.2 The head of service may grant long service leave to an employee to the extent of that employees pro-rata long service leave credits after seven years eligible service.
F25.3 Where an employee whose period of employment is less than seven years but not less than one year:
- ceases to be an employee, otherwise than because of the employees death, on, or after, the employee attaining the minimum retiring age; or
- ceases to be an employee because of the employees redundancy; or
- ceases to be an employee and satisfies the head of service that the employee so ceasing is due to ill health of such a nature as to justify the employee so ceasing,the head of service will authorise payment to the employee under this subsection in accordance with Part 4.3 of the PSM Standards.
F25.4 Employees will receive payment on separation of any pro-rata entitlements after seven years eligible service.
F25.5 If an employee whose period of employment is not less than one year dies, the head of service may authorise payment to a dependant of the employee of an amount equal to, or payments to two or more dependants of the employee of amounts aggregating, the amount that would have been payable to the employee under Part 4.3 of the PSM Standards if the employee had, on the day the employee died, ceased to be an employee otherwise than because of death, on or after, the employee attaining the minimum retiring age.
F25.6 To encourage the flexible use of long service leave:
- employees may be granted leave in blocks of not less than seven days/shifts if the employees so request; and
- long service leave may be taken on double, full or half pay when approved by the head of service and subject to operational requirements, with credits to be deducted on the same basis; or
- having considered his or her work-life balance, an employee may, in writing, request the approval of the head of service to the partial or full payment in lieu of their accrued leave credit. The payment in lieu will be based on the rate of pay the employee would have received had the employee taken the leave at the time the application was made. If the employee is on higher duties, payment at the higher duties rate will only be approved if the higher duties would have continued for an equivalent period of leave.
Section G Communication and Consultation
G1 Consultation
G1.1 There should be effective consultation and employee participation in decisions that affect an employee's employment. This is essential to the successful management of change.
G1.2 Where there are proposals by the ACTPS to introduce changes in the organisation or to existing work practices, the head of service will consult with affected employees and the union(s).
G1.3 The head of service will provide relevant information to assist the employees and the union(s) to understand the reasons for the proposed changes and the likely impact of these changes so that the employees and union(s) are able to contribute to the decision making process.
G1.4 For the purpose of providing effective consultation:
- adequate time will be provided to employees and the union(s) to consult with the relevant Directorate;
- DCCs will be established, with membership to be agreed by the head of service and the union(s) following commencement of this Agreement; and
- additional levels of consultation, such as a Workplace Consultative Committee (WCC), may be established with the agreement of the relevant DCC to operate at the local level. Where established these levels of consultation will deal with workplace specific issues before such issues may be raised with the DCC and have membership agreed by the DCC.
G1.5 A Directorate Consultative Committee will:
- monitor the operation and implementation of this Agreement;
- consider any proposed new or proposed significant changes to Directorate policy statements and guidelines that relate to the provisions of this Agreement; and
- exchange information about workplace issues affecting employees; and
- consult on any existing performance management schemes, and on the development of any new performance management schemes, in the Directorate;
- meet at least quarterly, unless otherwise agreed; and
- have terms of reference agreed to by the members of the DCC.
G1.6 The Chief Minister and Treasury Directorate will consult with the union(s) and employees prior to the finalisation of any significant changes or any new provisions in the PSM Act and the PSM Standards and any new service wide policy statements or guidelines that relate to the provisions of this Agreement.
Consultation on Changes to Regular Rosters or Ordinary Hours of Work
G1.7 Where the ACTPS proposes to introduce a change to the regular roster or ordinary hours of work of employees, the following will apply:
- the head of service must notify the relevant employees of the proposed change;
- the head of service must recognise the affected employee(s) union or other representative;
- as soon as practicable after proposing to introduce the change, the head of service must:
- discuss with the relevant employees the introduction of the change; and
- for the purposes of the discussion,-provide to the relevant employees:
- all relevant information about the change, including the nature of the change; and
- information about what the head of service reasonably believes will be the effects of the change on the employees; and
- information about any other matters that the head of service reasonably believes are likely to affect the employees; and
- invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).
G1.8 However, the head of service is not required to disclose confidential or commercially sensitive information to the relevant employees.
G1.9 The head of service must give prompt and genuine consideration to matters raised about the change by the relevant employees.
G1.10 These provisions are to be read in conjunction with other consultative obligations detailed in the Agreement.Note: In this term "relevant employees" means the employees who may be affected by a change referred to in subclause G1.7.
G1.11 In addition, the employer undertakes that, for the purposes of subclause G1.2, the head of service will recognise and consult with the affected employee(s), their union or other representative.
G2 Dispute Avoidance/Settlement Procedures
G2.1 The objective of these procedures is the prevention and resolution of disputes about:
- matters arising in the workplace, including disputes about the interpretation or implementation of the Agreement; and
- the application of the National Employment Standards.
G2.2 For the purposes of this clause, except where the contrary intention appears, the term parties refers to parties to the dispute.
G2.3 All persons covered by this Agreement agree to take reasonable internal steps to prevent, and explore all avenues to seek resolution of, disputes.
G2.4 An employee who is a party to the dispute may appoint a representative, which may be a relevant union, for the purposes of the procedures of this clause.
G2.5 In the event there is a dispute, the following processes will apply.
G2.6 Where appropriate, the relevant employee or the employees representative will discuss the matter with the employees supervisor. Should the dispute not be resolved, it will proceed to the appropriate management level for resolution.
G2.7 In instances where the dispute remains unresolved, the next appropriate level of management, the employee, the union or other employee representative will be notified and a meeting will be arranged at which a course of action for resolution of the dispute will be discussed.
G2.8 If the dispute remains unresolved after this procedure, a party to the dispute may refer the matter to the FWC.
G2.9 The FWC may deal with the dispute in two stages:
- the FWC will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
- if the FWC is unable to resolve the dispute at this first stage, the FWC may then:
- arbitrate the dispute; and
- make a determination that is binding on the parties.
G2.10 The FWC may exercise any powers it has under the FW Act as are necessary for the just resolution or determination of the dispute.
G2.11 A person may be assisted and represented at any stage in the dispute process in the FWC on the same basis as applies to representation before the FWC under section 596 of the FW Act.
G2.12 All persons involved in the proceedings under subclause G2.9 will participate in good faith.
G2.13 Unless the parties agree to the contrary, the FWC will, in responding to the matter, have regard to whether a party has applied the procedures under this term and acted in good faith.
G2.14 The parties agree to be bound by a decision made by the FWC in accordance with this clause.
G2.15 However, any party may appeal a decision made by the FWC in accordance with the FW Act.
G2.16 Despite the above, the parties may agree to submit the dispute to a body or person other than the FWC. Where the parties agree to submit the dispute to another body or person:
- all of the above provisions apply, unless the parties agree otherwise; and
- references to the FWC in the above provisions will be read as a reference to the agreed body or person;
- all obligations and requirements on the parties and other relevant persons under the above provisions will be complied with; and
- the agreed body or person must deal with the dispute in a manner that is consistent with section 740 of the FW Act.
G2.17 While the parties are trying to resolve the dispute using procedures in this clause:
- an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and
- an employee must comply with a direction given by the head of service to perform other available work at the same workplace, or at another workplace, unless:
- the work is not safe; or
- iapplicable occupational health and safety legislation would not permit the work to be performed; or
- the work is not appropriate for the employee to perform; or
- there are other reasonable grounds for the employee to refuse to comply with the direction.
G3 Flexibility Term
G3.1 The head of service and an individual employee may agree to vary the application of certain provisions of this Agreement to meet the particular needs of a business unit in the ACTPS and of the individual employee (an individual flexibility arrangement).
G3.2 The provisions of this Agreement that the head of service and an individual employee may agree to vary through an individual flexibility arrangement are:
- vacation childcare subsidy (subclause E11.1);
- family care costs (subclause E12.1); and
- emergency duty (clause C17).
G3.3 The head of service must ensure that the terms of the individual flexibility arrangement:
- are about matters that would be permitted if the arrangement were an enterprise agreement;
- does not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and
- will result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to.
G3.4 The head of service must ensure that the individual flexibility arrangement:
- identifies the clause in G3.2 of this Agreement that the head of service and the employee have agreed to vary;
- sets out details of how the arrangement will vary the effect of the clause;
- includes details of how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
- tates the day the arrangement commences.
G3.5 An individual flexibility arrangement made under this clause must be genuinely agreed to by the head of service and the individual employee.
G3.6 Except as provided in paragraph G3.7 (b), an individual flexibility arrangement made under this clause must not include a provision that requires the individual flexibility arrangement to be approved, or consented to, by another person.
G3.7 The head of service must ensure that an individual flexibility arrangement made under this clause must be in writing and signed:
- in all cases by the employee and the head of service; and
- if the employee is under eighteen by a parent or guardian of the employee.
G3.8 The head of service must give the employee a copy of an individual flexibility arrangement made under this clause within fourteen days after it is agreed to.
G3.9 The head of service or the employee may terminate the individual flexibility arrangement:
- by giving written notice of no more than twenty eight days to the other party to the arrangement; or
- if the head of service and the employee agree in writing at any time.
G3.10 The right to make an individual flexibility arrangement under this clause is in addition to, and is not intended to otherwise affect, the right of the head of service and an individual employee to make an agreement under any other provision of this Agreement.
G4 Freedom of Association
G4.1 The ACTPS recognises that employees are free to choose whether or not to join a union. Irrespective of that choice, employees will not be disadvantaged or discriminated against in respect of the employees employment under this Agreement. The ACTPS recognises that employees who choose to be members of a union have the right to choose to have their industrial interests represented by the union.
G4.2 Employees in negotiations of any kind are entitled to negotiate collectively where they so choose.
G4.3 Employees engaging in negotiations of any kind are entitled to be represented by a representative of their choice. The ACT Government will deal with any such representative in good faith.
G5 Work Organisation
G5.1 An employee agrees to carry out all lawful and reasonable directions of the head of service according to the requirements of the work and the employees skill, experience and competence, in accordance with this Agreement, and without deskilling the employee.
G5.2 An employee will not, unless this is done in the course of the employees duties or as required by law or by the ACTPS, use or disclose to any person any confidential information about the ACTPSs business that becomes known to the employee during the employees employment.
G5.3 The ACTPS will not reveal to any person any medical, financial or personal details of the employee that the ACTPS may have obtained, except with the permission of the employee or where the ACTPS is under a legal obligation to do so.
G6 Right of Existing and New Employees to Representation in the Workplace
G6.1 The ACTPS acknowledges the rights of its employees to be represented and to meet with their representatives in the workplace. The ACTPS recognises the legitimate right of the union(s) to represent its employees who are members, or eligible to become members of the union(s).
G6.2 The FW Act prescribes the purpose and manner under which the union(s) may exercise right of entry in the workplace. The ACTPS will grant the union(s) access in accordance with the FW Act.
G6.3 In addition, the ACTPS will:
- allow union officials and employees, who are permit holders, to enter ACTPS workplaces for normal union business or to represent employees, to meet with management or members and to distribute or post material, provided that work is not disrupted;
- allow the union(s) to meet with new ACTPS employees who are members, or who are eligible to become members, of the union(s), at a time during normal working hours which the union(s) and the head of service agree upon, and of which the head of service will advise the employees;
- provide all new ACTPS employees with some form of induction program, including an induction package containing information about the union(s) which the union(s) has given the ACTPS; and
- invite the union(s) to attend any face to face induction of new ACTPS employees, the details of which the head of service will advise to the union(s) contact officer or other nominated person with reasonable notice. Such attendance will be included as an integral part of the induction process and be for the purpose of delivering an information presentation including recruitment information to new ACTPS employees.
G6.4 For the avoidance of doubt, nothing in clause G6.3 should be taken as conferring a right of entry that is contrary to, or for which there is otherwise, a right of entry under the FW Act.
G7 Co-operation and Facilities for Unions and Other Employee Representatives
G7.1 For the purpose of ensuring that union(s) and other employee representatives who are employees of the ACTPS can effectively fulfil their employee representative role under this Agreement, the following provisions will apply.
G7.2 Reasonable access to ACTPS facilities, including the internal courier service, access to the ACT Government communication systems, telephone, facsimile, photocopying, access to meeting rooms and storage space, will be provided to union(s) and other employee representatives to assist them to fulfil their representative obligations, duties and responsibilities having regard to the ACTPS's statutory obligations, operational requirements and resources.
G7.3 In addition to the ACTPS facilities outlined in subclause G7.2, where available, a union or employee representative who is an employee of the ACTPS will be able to establish designated Outlook public folders which will provide a collaborative electronic workspace to improve the flow of information. The use of ACTPS facilities will be in accordance with published whole-of-government policies and for matters other than for industrial action.
G7.4 A union or other employee representative who is an employee of the ACTPS will be provided with adequate paid time, as required by the responsibilities of the position, to undertake duties to represent employees during normal working hours. While these duties would normally be expected to be performed within the workplace, on occasions the union or employee representative may be required to conduct these duties external to the workplace.
G8 Attendance at Industrial Relations Courses and Seminars
G8.1 For the purpose of assisting employees in gaining a better understanding of industrial relations issues relating to this Agreement, leave will be granted to employees to attend recognised short training courses or seminars on the following conditions:
- that operating requirements permit the granting of leave;
- that the scope, content and level of the short courses contribute to the better understanding of industrial relations issues;
- leave granted under this clause will be with full pay, not including shift and penalty payments or overtime; and
- each employee will not be granted more than fifteen days/shifts leave in any calendar year.
G8.2 If the employee has applied for leave under subclause G8.1 and the application was rejected because of operational requirements, approval of any subsequent application for leave by the employee under subclause G8.1 will not be withheld unreasonably, provided that the employee gives the manager/supervisor at least fourteen days/shifts notice in writing.
G8.3 The ACTPS will accept any short course conducted or accredited by a relevant employee organisation (for example, union(s), the Australian Council of Trade Unions or the ACT Trades and Labour Council) as a course to which subclause G8.1 applies.
G8.4 Leave granted for this purpose will count as service for all purposes.
G9 Privatisation
G9.1 In order to promote job security of employees, it is agreed that the privatisation of a Government entity may only occur where:
- the entity does not perform a role central to the functions of Government; and
- disadvantaged groups would not be negatively affected by the privatisation; and
- a social impact statement has been completed which indicates that there is a demonstrated public benefit from the sale.
G9.2 In the event that privatisation of an ACTPS Directorate or a service or services currently supplied by an ACTPS Directorate is under consideration, consultation will occur on the implications for employees and the relevant Directorate from these proposals.
G9.3 Where such privatisation is under consideration, the ACTPS will provide the necessary reasonable resources to develop an in-house bid and this bid will be prepared either off site or on site as determined by the head of service and subject to consideration on equal terms to any other bid. An independent probity auditor will be appointed by the head of service to oversee the assessment of the in-house bid.
G10 Superannuation
G10.1 The Government will, through the Chief Minister and Treasury Directorate, consult with unions and employees on changes to superannuation legislation that may be proposed by the Commonwealth.
Section H Workplace Values and Behaviours
H1 Introduction
H1.1 Except where otherwise noted, this Section applies to officers, temporary employees engaged for over six months and eligible casual employees as defined within the dictionary. The Section does not apply to casual employees as defined within the dictionary, or employees on probation unless expressly stated.
H1.2 Managers/supervisors and employees have a common interest in ensuring that workplace behaviours are consistent with, and apply the values and general principles set out in section 9 of the PSM Act 1994 and the ACT Public Service Code of Conduct and Signature Behaviours. This involves the development of an ethical and safe workplace in which managers/supervisors and employees act responsibly and are accountable for their actions and decisions.
H1.3 The following provisions of Section H contain procedures for managing workplace behaviours that do not meet expected standards, including the management of cases of unsatisfactory work performance and misconduct.
H1.4 These procedures for managing workplace behaviours and values must be applied in accordance with the principles of natural justice and procedural fairness, and in a manner that promotes the values and general principles of the ACTPS set out in section 9 of the PSM Act 1994.
H1.5 Any misconduct, underperformance, internal review or appeal process under the previous enterprise agreement that is not completed as at the date of commencement of this enterprise agreement will be completed under the previous enterprise agreement. Any right of appeal from that process will also be set out in the previous enterprise agreement.
H2 Preliminary Assessment
H2.1 In cases where an allegation of inappropriate behaviour is made, the manager/supervisor will initiate a preliminary assessment process to determine whether further action is required. The manager/supervisor may inform and/or seek the assistance of an appropriate Human Resources Manager.
H2.2 Following this process if the manager/supervisor determines that the allegations:
- require no further action, then no further action needs to be taken;
- can be resolved through counselling, other remedial action, or assistance to the employee then the manager/supervisor will implement such action;
- are better resolved through Internal Review procedures set out in this Agreement or appropriate external mechanisms the manager/supervisor will refer the matter accordingly;
- relate to underperformance processes the manager/supervisor will commence an underperformance process where this is warranted;
- require investigation the manager/supervisor will recommend to the head of service that the matter be investigated;
- may be vexatious or knowingly false, the manager/supervisor will consider whether further action needs to be taken in relation to the person who made the allegations.
H2.3 The manager/supervisor will inform the employee where a preliminary assessment process is commenced under subclause H2.1 if it is appropriate to do so.
H2.4 In performing the preliminary assessment the head of service may authorise access to ACTPS information and communication technology (ICT) records including email, computer, work phone records, or building access logs if, in the opinion of the head of service, access is necessary to determine whether further action is necessary.
H3 Counselling
H3.1 Counselling may happen outside of the misconduct and underperformance processes. All parties have an obligation to participate in counselling in good faith.
H3.2 In cases where counselling is considered to be appropriate, the employee will be invited to have a support person, who may be the employees union or other employee representative, present at the counselling and will allow reasonable opportunity for this to be arranged.
H3.3 The manager/supervisor or the head of service will create a formal record of the counselling which will include details about the ways in which the employees conduct needs to change or improve and the time frames within which these changes or improvements must occur.
H3.4 The record of the counselling will be provided to the employee and the employee given an opportunity to correct any inaccuracies and provide comments before signing the record. The employees signature is taken as representing their full agreement that the record accurately reflects the discussion. If the employee elects not to sign the record, then details of the offer and any reasons given for refusal will be clearly noted.
H3.5 Where the manager/supervisor or the head of service considers that the employees conduct has not improved following counselling, an underperformance or misconduct process may be undertaken.
H4 Underperformance
H4.1 Under this clause, procedures are established for managing underperformance by an employee.
H4.2 This clause applies to all employees, except casual employees. In applying these procedures to officers on probation, temporary employees engaged for over six months, or eligible casual employees, the head of service may determine that procedures and practices throughout clause H4 may be applied on an appropriate and proportionate basis according to the circumstances of the case, and in accordance with the principles of procedural fairness and natural justice.
H4.3 The objectives of these procedures are to:
- provide advice and support to an employee whose performance is below the standard required; and
- to provide a fair, prompt and transparent framework for action to be taken where an employee continues to perform below expected standard.
H4.4 Consistent with good management practice, concerns about underperformance should be raised by the manager/supervisor with the employee at the time that the concerns arise. The manager/supervisor should offer advice and support to the employee to overcome these concerns. The manager/supervisor should inform the employee that the following procedures might be invoked if the underperformance continues.
H4.5 In order to ensure that these procedures operate in a fair and transparent manner, the manager/supervisor will be responsible for documenting all relevant discussions. The employee must be given the opportunity to comment on any records before signing them.
H4.6 All parties have an obligation to participate in underperformance processes in good faith.
Step One: Action Plan
H4.7 Where a manager/supervisor assesses that an employees work performance continues to be below expected standards after having previously discussed concerns with the employee in line with subclause H4.4, the manager/supervisor will inform the employee in writing of this assessment and the reasons for it. The employee will be invited by the manager/supervisor to provide written comments on this assessment, including any reasons that in the employees view may have contributed to their recent work performance.
H4.8 After taking into account the comments from the employee, the manager/supervisor must prepare an action plan in consultation with the employee.
H4.9 The manager/supervisor will invite the employee to have a support person, who may be the employees union or other employee representative, present at discussions to develop the action plan and will allow reasonable opportunity for this to be arranged.
H4.10 The action plan will:
- identify the expected standards of work required of the employee on an on-going basis;
- identify and/or develop any learning and development strategies that the employee should undertake;
- outline the potential underperformance actions that may be taken if the employee does not meet the expected standards;
- specify the action plan period, which should not normally be less than one month and should not exceed six months to allow the employee sufficient opportunity to achieve the required standard; and
- specify the assessment criteria to be measured within the action plan period.
H4.11 Any current performance agreement will be suspended during the period of the action plan. Any incremental advancement action for the employee will be suspended during the action plan period.
Step Two: Regular Assessment
H4.12 During the action plan period, the manager/supervisor will make regular written assessments (desirably every fortnight) of the employees work performance under the action plan. The employee will be given an opportunity to provide written comments on these assessments.
H4.13 If the manager/supervisor considers that further assessment time is needed the manager/supervisor may extend the action plan period. However, the extended assessment time must not result in the action plan exceeding six months duration. The manager/supervisor will inform the employee in writing of the decision to extend the assessment time and the duration of the action plan.
Step Three: Final Assessment / Report
H4.14 If at the end of the action plan period, the manager/supervisor assesses the work performance of the employee as satisfactory, no further action will be taken under these procedures at that time. The manager/supervisor will inform the employee in writing of this decision.
H4.15 If at the end of the action plan period, the manager/supervisor assesses the work performance of the employee as not satisfactory, the manager/supervisor will provide a report including the assessment and reasons for the assessment to the head of service.
Step Four: Underperformance Action
H4.16 The head of service will advise the employee in writing:
- of the assessment and reasons for the manager's/supervisors assessment;
- of the underperformance action/s (subclause H4.17) proposed to be taken and the reasons for proposing this action;
- of the employees right to respond in writing to the proposed action within a period of not more than seven calendar days.
H4.17 At any time after seven calendar days from the date the head of service advised the employee under subclause H4.16, and after considering any response from the employee, the head of service may decide to take one or more of the following underperformance actions:
- transfer the employee to other duties (at or below current pay);
- defer the employees increment;
- reduce the employees incremental point;
- temporarily or permanently reduce the employees classification and pay;
- remove any monetary benefit derived through an existing Attraction and Retention Incentive (or existing SEA);
- terminate the employees employment.
H4.18 The head of service will inform the employee in writing of the decision made under subclause H4.17, the reasons for the decision and the appeal mechanisms available under this Agreement.
H4.19 At any time in these procedures, the employee may elect to be retired on the grounds of inefficiency.
H5 Appeal Rights
H5.1 The employee has the right under Section J to appeal any underperformance action taken under subclause H4.17, except action to terminate the employees employment.
H5.2 The employee may have an entitlement to bring an action under the FW Act in respect of any termination of employment under this Agreement. This will be the sole right of review of such an action.
H6 Misconduct & Discipline
Objectives and Application
H6.1 This clause establishes procedures for managing misconduct or alleged misconduct by an employee.
H6.2 In applying these procedures to officers on probation, an eligible casual employee or a temporary employee who has been engaged for over six months, the head of service may determine that procedures and practices throughout clauses H6 to H10 apply on an appropriate and proportionate basis according to the circumstances of the case.
H6.3 The objective of these procedures is to encourage the practical and expeditious resolution of misconduct issues in the workplace.
H6.4 All parties have an obligation to participate in misconduct processes in good faith.
What is Misconduct
H6.5 For the purposes of this Section, misconduct includes any of the following:
- the employee fails to meet the obligations set out in section 9 of the PSM Act 1994 (this includes bullying and harassment or discrimination);
- the employee engages in conduct that has brought, or is likely to bring, the Directorate or ACTPS into disrepute;
- a period of unauthorised absence and the employee does not offer a satisfactory reason on return to work;
- the employee is convicted of a criminal offence or where a court finds that an employee has committed an offence but a conviction is not recorded, taking into account the circumstances and seriousness of the offence, the duties of the employee and the interests of the ACTPS and/or of the Directorate;
- the employee fails to notify the head of service of criminal charges in accordance with clause H11; or
- the employee makes a vexatious or knowingly false allegation against another employee.
What is Serious Misconduct
H6.6 Serious misconduct means conduct that is so serious that it may be inconsistent with the continuation of the employees employment with the Territory. Serious misconduct includes but is not limited to the kinds of serious misconduct defined within the Fair Work Regulations.
H7 Dealing with Allegations of Misconduct
H7.1 If, after receiving a recommendation from the manager/supervisor under paragraph H2.2(e), the head of service is of the opinion that the alleged misconduct cannot be resolved without recourse to investigation, the head of service will:
- inform the appropriate Human Resources Manager that an investigation is to take place;
- with the assistance of the appropriate Human Resource Manager make arrangements for an appropriately trained or experienced person (the investigating officer) to investigate the alleged misconduct in accordance with clause H9; and
- inform the employee in writing of the alleged misconduct and that the matter is to be investigated.
H7.2 Depending on the nature of the alleged misconduct the head of service may immediately transfer the employee to other duties, re-allocate duties away from the employee or suspend the employee with pay in accordance with clause H8. Where serious misconduct is alleged the head of service may suspend an employee without pay.
H7.3 Notwithstanding the provisions of this section, the employment of an employee may be summarily terminated without notice for serious and wilful misconduct.
H7.4 No investigation may be necessary where the employee fully admits to the alleged misconduct and the employee agrees that there is no need for an investigation. In such cases, the head of service may determine the appropriate disciplinary action/sanction in accordance with clause H10. The head of service must ensure that they have sufficient information concerning the nature and full circumstances of the misconduct, any mitigating factors, and details of the employees prior service record and performance to enable a fair and reasonable determination under clause H10 to be made.
H8 Suspension, Reassignment or Transfer
H8.1 This clause applies to all employees including eligible casual employees and employees on probation.
H8.2 Subject to these procedures, the head of service may suspend with or without pay, reassign or transfer an employee where the head of service is satisfied that it is in the public interest, the interests of the ACTPS or the interests of the Directorate to do so while the alleged misconduct is investigated.
H8.3 The procedures applying under sub-clauses H8.4, H8.5 and H8.10 will also apply in circumstances where an employee has been reassigned or transferred with pay to other duties following an allegation of misconduct.
H8.4 The head of service will not normally suspend, reassign or transfer an employee without first informing the employee of the reasons for the proposed suspension, reassignment or transfer and giving the employee the opportunity to be heard. However the head of service may suspend an employee first and then give the employee the reasons for the suspension and an opportunity to be heard, where, in the head of services opinion, this is appropriate in the circumstances.
H8.5 Whilst suspended with pay an employee will be paid:
- the employees ordinary hourly rate of pay and any higher duties allowances that would have been paid to the employee for the period they would otherwise have been on duty; and
- vertime (but not overtime meal allowance) and shift penalty payments where there is a regular and consistent pattern of extra duty or shift work being performed over the previous six months which would have been expected to continue but for the suspension from duty; and
- any other allowance or payment (including under a Attraction and Retention Incentive entered into in accordance with Annex B to this Agreement) of a regular or on-going nature that is not conditional on performance of duties.
H8.6 Where a decision is made to suspend an employee with pay no appeal or review of that decision is available.
H8.7 An employee who is suspended must be available to attend work and participate in the disciplinary process as directed within 48 hours of the direction being given unless they are on authorised leave.
H8.8 Suspension without pay is usually only appropriate where serious misconduct is alleged or where the employee is charged with a criminal offence that would in the opinion of the head of service be incompatible with the continuation of the employees employment.
H8.9 Whilst suspended without pay:
- the suspension will not be for more than thirty calendar days, unless exceptional circumstances apply;
- the employee may apply to the head of service for permission to seek alternate employment outside the ACTPS for the period of the suspension or until the permission is revoked;
- in cases of demonstrated hardship, the employee may access accrued long service leave and/or annual leave;
- the employee may apply to the head of service for the suspension to be with pay on the grounds of demonstrated hardship.
H8.10 The suspension without pay should be reviewed every thirty calendar days unless the head of service considers that, in the circumstances, a longer period is appropriate.
H8.11 An employee suspended without pay and who is later acquitted of the criminal offence, or found not to have been guilty of the misconduct:
- is entitled to be repaid the amount by which the employee's pay was reduced; and
- is entitled to be credited with any period of long service or annual leave that was taken.
H8.12 Where an employee is suspended and later found guilty of a criminal offence (whether or not a conviction is recorded), or is found guilty of misconduct and is dismissed because of the offence or misconduct, a period of suspension under this clause does not count as service for any purpose, unless the head of service determines otherwise.
H9 Investigations
H9.1 The role of the investigating officer is to establish the facts of the allegations and to provide a report of those facts to the head of service.
H9.2 The investigating officer will:
- inform the employee in writing of the particulars of the alleged misconduct, and details concerning the investigative process; and
- give the employee a reasonable opportunity to respond to allegations, in writing and/or at a scheduled interview, before making a finding of fact; and
- provide the employee with at least twenty four hours written notice prior to conducting an interview, and advise the employee if the interview is to be recorded electronically; and
- advise the employee that the employee may have a second person present during the interview, who may be the employees union representative or other individual acting as support person and will allow reasonable opportunity for this to be arranged; and
- as soon as practicable take any further steps considered necessary to establish the facts of the allegations; and
- provide a record of the interview to the employee to correct any inaccuracies in the record and to provide any further response in relation to the allegations before signing the record. If the employee elects not to sign the record, then details of the offer will be noted; and
- provide a written report to the head of service setting out the investigating officers findings of fact.
H9.3 The investigating officers findings of fact will be made on the balance of probabilities.
H9.4 The head of service may authorise access to ACTPS information and communication technology (ICT) records including email, computer, work phone records, or building access logs if, in the opinion of the head of service, the investigating officer requires access in order to establish the facts of the allegations.
H9.5 After considering the report from the investigating officer, the head of service will make a determination on the balance of probabilities as to whether misconduct has occurred.
H9.6 If the head of service determines that the misconduct has not occurred, the head of service will notify the employee of this finding and advise that no sanctions will be imposed.
H10 Disciplinary Action and Sanctions
H10.1 In circumstances where the head of service, following an investigation or full admission by the employee, determines that misconduct has occurred, and the head of service considers disciplinary action is appropriate, one or more of the following sanctions may be taken in relation to the employee:
- a written warning and admonishment;
- a financial penalty which can:
- reduce the employees incremental level,
- defer the employees incremental advancement,
- impose a fine on the employee,
- fully or partially reimburse the employer for damage wilfully incurred to property or equipment;
H10.2 In relation to paragraph H10.1(c), if an employees classification is reduced as a result of disciplinary action, service before the demotion is not counted towards an increment for any higher duties the employee performs after demotion.
H10.3 Sanctions imposed under these procedures must be proportionate to the degree of misconduct concerned. In determining the appropriate sanction, the following factors must be considered:
- the nature and seriousness of the misconduct;
- the degree of relevance to the employee's duties or to the reputation of the Directorate or the ACTPS;
- the circumstances of the misconduct;
- any mitigating factors, including any full admission of guilt; and
- the previous employment history and the general conduct of the employee.
H10.4 Before taking disciplinary action, the head of service will advise the employee in writing of:
- the decision that misconduct has been found to have occurred; and
- the reasons for arriving at this decision; and
- the sanction proposed; and
- the period during which the employee has to respond to the proposed disciplinary action (which must be a minimum of fourteen calendar days).
H10.5 After considering the employees response to the proposed action, or if the employee has not responded at any time after the period outlined in paragraph H10.4 (d) has lapsed, the head of service may take disciplinary action. The head of service will inform the employee in writing of:
- the final decision regarding disciplinary action to be taken; and
- the date of effect and/or, if relevant, the cessation of the action; and
- the appeal mechanisms that are available under this Agreement.
H11 Criminal Charges
H11.1 An employee must advise the head of service in writing of any criminal charges laid against the employee in circumstances where a reasonable person would believe that the interests of the Directorate or of the ACTPS may be adversely affected, taking into account:
- the circumstances and seriousness of the alleged criminal offence; and
- the employees obligations under section 9 of the PSM Act; and
- the effective management of the employees work area; and
- the integrity and good reputation of the ACTPS and the Directorate; and
- the relevance of the offence to the employees duties.
H11.2 Where criminal charges are laid against an employee and the interests of the Directorate or of the ACTPS may be adversely affected, the head of service may suspend the employee in accordance with the suspension arrangements under clause H8.
H11.3 If an employee is convicted of a criminal offence the employee will provide a written statement regarding the circumstances of the offence to the head of service within seven calendar days of the conviction or the finding.
H11.4 Where an employee is convicted of a criminal offence and the conviction or finding has adversely affected the interests of the Directorate or the ACTPS, the head of service may impose a sanction for misconduct against the employee in accordance with clause H10.
H12 Right of Appeal
H12.1 An employee has the right under Section J to appeal against any decision to take disciplinary action or to apply a sanction under subclause H10.1, or against any decision taken under clause H8 to suspend the employee without pay, or to transfer the employee at reduced pay, except action to terminate the employee's employment.
H12.2 An employee may have an entitlement to bring an action under the FW Act in respect of any decision under this Section to terminate the employee's employment. This will be the sole right of review of such a decision.
H12.3 The appeal procedures under Section H apply to the exclusion of the rights of appeal and review under the PSM Act 1994 and the internal review procedures contained in Section I of this Agreement.
Section I Internal Review Procedures
I1 Objectives and Application
I1.1 Under this Section, procedures are established for employees to seek a review of management actions that affect their employment with the ACTPS.
I1.2 These procedures must be applied in accordance with the principles of natural justice and procedural fairness and in a manner that promotes the values and general principles of the ACTPS.
I1.3 These procedures apply to all employees covered by this Agreement.
I1.4 For the purposes of this Section, an action includes a decision and a refusal or failure to make a decision.
I2 Decisions and Actions Excluded
I2.1 The following decisions and actions are excluded from the rights of an employee to seek a review under procedures set out in this Section (note this does not preclude the right to seek review under other processes):
- actions regarding the policy, strategy, nature, scope, resourcing or direction of the ACTPS and agencies (see clause G1 of this Agreement for consultation on these actions);
- actions arising under Commonwealth or ACT legislation that concern domestic or international security matters;
- actions regarding superannuation (see relevant superannuation legislation for complaints and appeals on these actions, in particular the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993);
- actions regarding workers' compensation (see the Safety, Rehabilitation and Compensation Act 1988 for reviews and appeals on these actions);
- decisions to terminate the appointment of an officer on probation;
- decisions on classification of an office (see clause D3 of this Agreement for reviews on classifications);
- actions arising from the misconduct procedures of this Agreement see subclause J1.2 of this Agreement regarding appeals on these actions);
- actions arising from the underperformance procedures of this Agreement (see subclause J1.2 of this Agreement for appeals on these actions);
- actions regarding the setting of rates of pay or conditions of employment under an award or agreement made under the FW Act, or under the PSM Act 1994 or the PSM Standards (this includes a Attraction and Retention Incentive (ARINs), Special Employment Arrangements (SEAs) or a pre FW Act Australian Workplace Agreement (AWA));
- decisions that another officer perform the duties of a higher office or role for periods up to and including six months;
- decisions that another officer perform the duties of a higher office or role (with a pay less than that of a Senior Officer Grade C or equivalent classification) for periods greater than six months if the vacancy was advertised (see subclause J1.2 of this Agreement regarding appeals on these decisions)
- decisions to promote an officer (see subclause J1.2 of this Agreement regarding appeals about promotion decisions);
- decisions to appoint an employee or to engage an employee on a temporary contract;
- decisions to transfer another employee or promote another officer to an advertised vacancy where the officer or employee seeking the review was not an applicant;
- decisions to transfer an employee;
- actions arising from the internal review procedures or appeal panel procedures of this Agreement.
I2.2 Employees may seek a review under this Section of the processes leading to decisions under I2.1 (k), (l), (m) and (o), and in relation to the process leading to a decision under the PSM Standards to promote an officer after acting for a period of twelve months or more in a position above Administrative Services Officer Class 6 or equivalent classification.
I3 Initiating a Review
I3.1 An employee should first discuss their concerns about an action or decision with the relevant decision-maker with a view to resolving the matter within the workplace before initiating a review under these procedures.
I3.2 An employee, or the employees union or other employee representative on the employees behalf, has the right to apply for a review of any action or decision that effects the employees employment, unless the action or decision is specifically excluded under this Section.
I3.3 An employee, or the employees union or other employee representative on the employees behalf, may initiate a review under this Section by making an application to the head of service that:
- is in writing; and
- identifies the action and/or decision which the employee seeks a review of; and
- identifies the reasons the review is sought including, in the employees view, the effect/s that the action or decision has or is having on the employees employment; and
- describes the outcome sought.
I4 Review Process
I4.1 Where appropriate, and agreed by the employee who made the application under clause I3, or the employees union or other employee representative on the employees behalf, the head of service must consider mediation as an option before arranging for a review under subclause I4.3. The mediator will be agreed between the employee and the head of service.
I4.2 In the event that mediation does take place and that it resolves the issues raised in the application, then no further action is required under these procedures. In that event a formal written statement that the issue has been resolved must be signed by the employee and the head of service.
I4.3 Subject to subclauses I4.1 and I4.2, the head of service must arrange for an application made under clause I3 to be reviewed by an independent person (the reviewer) who may be:
- a suitably skilled employee or executive who was not involved in the original action; or
- a person taken from a list of panel providers approved by the Commissioner for Public Administration.
I4.4 The head of service may determine the process under which an application is reviewed, subject to the principles set out in subclause I4.5.
I4.5 The reviewer must have due regard to the principles of natural justice and procedural fairness and act as quickly as practicable consistent with a fair and proper consideration of the issues. This includes but is not limited to:
- fully informing the employee of all relevant issues and providing access to all relevant documents; and
- providing reasonable opportunity for the employee to respond; and
- advising the employee of the employees rights to representation.
I4.6 The reviewer may recommend to the head of service that an application should not be considered on any of the following grounds:
- the application concerns a decision or action that is excluded under subclause I2.1; or
- a period of twenty-eight calendar days has elapsed since the employee was advised of the decision or action except where extenuating circumstances exist; or
- the employee has made an application regarding the decision or action to a court or tribunal, or where the reviewer believes it is more appropriate that such an application be made; or
- the reviewer believes on reasonable grounds that the application:
- is frivolous or vexatious; or
- is misconceived or lacks substance; or
- should not be heard for some other compelling reason.
I4.7 The head of service must either confirm a recommendation made by the reviewer under subclause I4.6 that an application should not be considered or arrange for another reviewer to consider the application.
I4.8 The head of service will inform the employee in writing, within fourteen calendar days of the date of any decision under subclause I4.7, including, the reasons for any decision not to consider the application.
I4.9 If the reviewer does not make a recommendation under subclause I4.6, then the reviewer will conduct a procedural review on the papers to determine:
- whether it was open to the head of service to take the action that he or she did;
- whether the principles of procedural fairness and natural justice were complied with in taking the original action; and
- whether the final decision of the head of service was fair and equitable in all of the circumstances.
I4.10 The reviewer must be provided with all relevant information and evidence that was available to the delegate in the making of the original decision or in taking the original action. To ensure efficiency and timeliness, the reviewer should not undertake to collect the same information or new evidence which was not available at the time the original action or decision was made.
I4.11 After reviewing any action or decision the reviewer will, subject to subclause I4.16, make a written report to the head of service containing recommendations on whether the action that led to the application should be confirmed or varied or that other action is taken. A copy of this report will be provided to the employee.
I4.12 In keeping with subclause I4.11, if the reviewer is of the view that there is doubt over the veracity and/or validity of the information or evidence or processes used in making the initial decision or action, the reviewer will inform the head of service of that doubt and the reasons for it in the written report.
I4.13 The employee may respond to any aspects of the report. Such a response must be in writing and be provided to the head of service within fourteen calendar days of the employee receiving the report.
I4.14 The head of service, after considering the report from the reviewer and any response from the employee to the report of the reviewer, may:
- aconfirm the original action; or
- vary the original action; or
- take any other action the head of service believes is reasonable.
I4.15 The head of service will inform the employee in writing, within fourteen calendar days of the date of any decision under subclause I4.14, including the reasons for the action.
I4.16 Where the subject of the application is an action or decision of the head of service, the written report of the reviewer will be made to the Commissioner for Public Administration. A copy of this report will be provided to the employee.
I4.17 The Commissioner for Public Administration may, after considering the report from the reviewer, recommend to the head of service that:
- the original action be confirmed; or
- the original action be varied; or
- other action be taken that the Commissioner for Public Administration believes is reasonable.
I4.18 The head of service, after considering the report from the Commissioner for Public Administration, may:
- accept any or all of the reports recommendation(s) and take such action as necessary to implement the recommendation(s); or
- not accept the reports recommendation(s) and confirm the original action.
I4.19 If the head of service does not accept any one of the recommendation(s) of the Commissioner for Public Administration under subclause I4.17, the head of service will:
- provide written reasons to the Commissioner for Public Administration for not accepting the recommendation(s); and
- provide the employee, within fourteen calendar days, with written reasons for not accepting the recommendation(s).
I4.20 If the head of service does not accept any one of the recommendation(s) of the Commissioner for Public Administration under subclause I4.17, the Commissioner may report on this outcome in the Commissioners Annual Report.
I5 Right of External Review
I5.1 The employee, or the employees union or other employee representative on the employees behalf, may seek a review of a decision or action of the head of service under subclause I4.14 or subclause I4.18 by an external tribunal or body, including the FWC.
I5.2 The FWC will be empowered to resolve the matter in accordance with the powers and functions set out in clause G2 of this Agreement. The decision of the FWC will be binding, subject to any rights of appeal against the decision to a Full Bench in accordance with clause G2.15.
Section J Appeal Mechanism
J1 Objective and Application
J1.1 This Section sets out an appeal mechanism for an employee where the employee (referred to in this section as the appellant) is not satisfied with the outcome of decisions described in the following clause.
J1.2 This appeal mechanism will apply to:
- decisions about promotion or temporary transfer to a higher office or role (for periods in excess of six months) affecting the officer where the officer was an applicant for the position, except decisions made on the unanimous recommendation of a joint selection committee (see PSM Act 1994 and PSM Standards );
- decisions to promote an officer after acting for a period of twelve months or more in a position at or below Administrative Service Officer Class 6 (or equivalent classification);
- decisions to suspend the employee without pay under clause H8 of this Agreement;
- decisions to take disciplinary action under subclause H10.1 of this Agreement, except a decision to terminate the employees employment;
- decisions to take underperformance action under subsection H4.17 of this Agreement, except a decision to terminate the employees employment;
- decisions taken in relation to an employees eligibility for benefits under clauses K5 and K6 of this Agreement and the amount of such benefits, the amount payable by way of income maintenance under clause K9, and the giving of a notice of involuntary redundancy or notice of reduction in classification under clauses K7 and K8;
- any other decision that is subject to appeal under the PSM Act.
J1.3 For purposes of paragraph J1.2 (a) and J1.2 (b), an appeal may only be made in relation to promotions or temporary transfer to a higher office or role where the pay applicable is any classification with a maximum pay that is less than the minimum pay of a classification equivalent to a Senior Officer Grade C. For positions above Administrative Service Officer Class 6 (or equivalent classification) an application may be made for an internal review of the process (see subclause I2.2 of this Agreement).
J1.4 For the purposes of paragraph J1.2(b), any suitably qualified officer may appeal the decision.
J1.5 An employee may have an entitlement to bring an action under the FW Act in respect of any termination of employment under this Agreement. This will be the sole right of review of such an action.
J2 Initiating an Appeal
J2.1 An employee, or the employees union or other employee representative on the employees behalf, may initiate an appeal under these procedures by making an application to the Convenor of Appeal Panels that:
- is in writing; and
- describes the decision or action taken or to be taken, the reasons for the application and the outcome sought; and
- is received by the Convenor of Appeal Panels within fourteen calendar days of being notified of the decision to take the action.
J2.2 For the purposes of paragraph J2.1(b), a decision must be an appealable decision as set out in subclause J1.2.
J3 Composition of the Appeal Panel
J3.1 The head of service will nominate a person, or position, to be the Convenor of the Appeal Panel.
J3.2 Where an application is received by the Convenor of the Appeal Panel in accordance with the requirements set out in subclause J2.1 and J2.2 the Convenor of Appeal Panels will set up an Appeal Panel.
J3.3 The Appeal Panel will comprise a nominee of the relevant Directorate, a nominee of the employee and a chairperson, where:
- the chairperson is chosen from a panel of providers approved by the Commissioner for Public Administration (in consultation with Joint Council), or, in the case of an appeal relating to a promotion decision, an agreed person; and
- a chairperson from the panel of providers is so chosen on a rotational basis, unless there is an identified conflict of interest, in which case the next person on the panel of providers would be chosen.
J3.4 The Convenor may only be a member of an Appeal Panel with the agreement of the appellant.
J3.5 A person is not eligible to be a member of an Appeal Panel if that person was involved in the decision or the process that is the subject of the application.
J4 Powers and Role of the Appeal Panel
J4.1 In considering an application, the Appeal Panel must have due regard to the principles of natural justice and procedural fairness. Proceedings of the Appeal Panel are to be conducted as quickly as practicable consistent with a fair and proper consideration of the issues.
J4.2 The Convenor of the Appeal Panel will invite the appellant to have a support person, who may be the employees union or other employee representative, present at any meetings held with the Appeal Panel and will allow reasonable opportunity for this to be arranged.
J4.3 The Appeal Panel will have the discretion to decide not to conduct a review of the appeal application, or, if it has commenced reviewing the application, to decide not to proceed further if, in the opinion of the Panel:
- the application is frivolous or vexatious, or not made in good faith; or
- the employee making the appeal may apply to another person or authority about the application who may more appropriately deal with the action; or
- further review of the application is not warranted.
Appeals about promotion and temporary transfer to a higher office or role
J4.4 For appeals concerning promotion or transfer to a higher office or role under paragraph J1.2(a), the only ground on which the Appeal Panel can review the decision is the officer making the appeal would be more efficient in performing the duties of the position than the person promoted or selected for temporary transfer.
J4.5 After reviewing an application about promotion or temporary transfer to a higher office or role affecting the appellant, the Appeal Panel will either confirm the decision or make recommendations to the head of service to substitute another decision. The head of service will inform the appellant of this decision and the reasons for the decision.
Other matters
J4.6 Where the Appeal Panel determines that an application for appeal requires further consideration, the Appeal Panel will conduct a procedural review on the papers to determine whether:
- it was open to the head of service to take the action that he or she did;
- the principles of procedural fairness and natural justice were complied with in taking the original action or decision; and
- the final decision of the head of service was appropriate in all of the circumstances.
J4.7 The Appeal Panel must be provided with all relevant information and evidence that was available to the decision-maker in the making of the original decision or in taking the original action. To ensure efficiency and timeliness, the Appeal Panel should not undertake to collect the same information or new evidence.
J4.8 Where the Appeal Panel is satisfied that a fundamental piece of evidence was not considered in the original process, the Appeal Panel may recommend to the head of service that the matter be referred back to the original decision-maker for further investigation.
J4.9 The decision-maker, after considering the referral from the Appeal Panel under subclause J4.8, will:
- as soon as possible, arrange for a further investigation to be conducted, in line with the referral of the Appeal Panel, and will provide any further information, evidence or outcomes of the further investigation to the Appeal Panel in order that they may complete their review; or
- provide written reasons to the Appeal Panel, within fourteen calendar days, for not accepting their referral for further investigation.
J4.10 After reviewing any application under this section, other than an appeal about promotion or temporary transfer to a higher office or role, the Appeal Panel will, subject to subclause J4.8, make a written report containing recommendations to the head of service. A copy of the report will be provided to the appellant.
J4.11 In making recommendations to the head of service under subclause J4.10 or to the Commissioner for Public Administration under subclause J4.13, the Appeal Panel must provide the reasons for its recommendations.
J4.12 The head of service, after considering the report from an Appeal Panel under subclause J4.10, will make a decision on any recommendation in the report and inform the appellant in writing of the reasons for that decision, within fourteen calendar days of receiving the report.
J4.13 Where the subject of an application under this clause is a decision of the head of service then the Appeal Panel, after reviewing the application will, subject to subclause J4.8, make a written report containing recommendations to the Commissioner for Public Administration. A copy of this report will be provided to the appellant.
J4.14 The Commissioner for Public Administration, after considering the report from an Appeal Panel under subclause J4.13, will recommend to the head of service that the decision that is the subject of the application:
- be confirmed; or
- be varied; or
- other action taken.
J4.15 The head of service, after considering the report from the Commissioner for Public Administration, may:
- accept any or all of the reports recommendation(s) and take such action as necessary to implement the recommendation(s); or
- not accept the reports recommendation(s) and confirm the original action.
J4.16 If the head of service does not accept the recommendations of the Commissioner for Public Administration under subclause J4.14, the head of service will:
- provide written reasons to the Commissioner for Public Administration for not accepting the recommendations; and
- provide the appellant, within fourteen calendar days, with written reasons for not accepting the recommendations.
J4.17 If the head of service does not accept the recommendations of the Commissioner for Public Administration under subclause J4.14, the Commissioner may report on this outcome in the Commissioners Annual Report.
J5 Costs
J5.1 The Territory will not be liable for any costs associated with representing an appellant in these procedures.
J6 Right of External Review
J6.1 The employee, or the employees union or other employee representative on the employees behalf, may seek a review by the FWC of a decision of the head of service under subclause J4.12 or subclause J4.15.
J6.2 The FWC will be empowered to resolve the matter in accordance with the powers and functions set out in clause G2 of this Agreement. The decision of the FWC will be binding, subject to any rights of appeal against the decision to a Full Bench in accordance with clause G2.15.
Section K Redeployment and Redundancy
K1 Application
K1.1 The ACTPS recognises the need to make the most effective use of the skills, abilities and qualifications of its officers in a changing environment. When positions become excess, the relevant Directorate will seek to redeploy permanent officers within the Directorate or the ACTPS in order to avoid or minimise an excess officer situation. Should redeployment not be possible, voluntary redundancy, reduction in classification and involuntary redundancy will be considered in that order. Throughout these procedures the relevant Directorate will, where practicable, take into consideration the personal and career aspirations and family responsibilities of affected officers.
K1.2 These provisions do not apply to temporary and casual employees or officers on probation.
K2 Definitions
K2.1 Excess officer means an officer who has been notified in writing by the head of service that he or she is excess to an ACTPS Directorate's requirements because:
- the officer is included in a class of officers employed in an ACTPS Directorate, which class comprises a greater number of officers than is necessary for the efficient and economical working of the Directorate; or
- the services of the officer cannot be effectively used because of technological or other changes in the work methods of the relevant Directorate or changes in the nature, extent or organisation of the functions of the relevant Directorate.
K2.2 Potentially excess officer means an officer who is likely to become actually excess in a foreseeable space of time.
K3 Consultation
K3.1 Where it appears to the head of service that a position is likely to be either potentially or actually excess to an ACTPS Directorate's requirements, and prior to any individual employee(s) being identified, the head of service will, at the earliest practicable time, advise and discuss with the union(s), the following issues (as appropriate in each case):
- the number and classification of officers in the part of the Directorate affected;
- the reasons an officer is or officers are likely to be excess to requirements;
- the method of identifying officers as excess, having regard to the efficient and economical working of the relevant Directorate and the relative efficiency of officers;
- the number, classification, location and details of the officers likely to be excess;
- the number and classification of officers expected to be required for the performance of any continuing functions in the part of the Directorate affected;
- measures that could be taken to remove or reduce the incidence of officers becoming excess;
- redeployment prospects for the officers concerned;
- the appropriateness of using voluntary retirement; and
- whether it is appropriate for involuntary retirement to be used if necessary.
K3.2 No information that would identify any individual officers will be provided by the head of service under this Section.
K3.3 The discussions under subclause K3.1 will take place over such time as is reasonable, taking into account the complexity of the restructuring and need for potential excess officer situations to be resolved quickly. Any use of involuntary retirement will be agreed between the head of service and the union(s) at this stage and will not be used without the written agreement of the head of service and the union(s).
K3.4 Except where a lesser period is agreed between the head of service and the officer, the officer will not, within one month after the union(s) has been advised under subclause K3.1, be invited to volunteer for retirement nor be advised in writing that he or she is excess to the relevant Directorate's requirements.
K3.5 The head of service will comply with the notification and consultation requirements for union(s) and Centrelink about terminations set out in the FW Act.
K4 Information Provided to the Officer
Informal Advice
K4.1 At the point where individual employees can be identified, the head of service will advise the officer(s) that a position(s) is likely to become excess and that the employee may be affected. In that advice the officer(s) will also be advised that the officer may be represented by a union or other employee representative at subsequent discussions. The head of service will discuss with the officer(s) and, where chosen, the union or other employee representative(s) the issues dealt with in paragraphs K3.1(a) through (i) (as appropriate in each case).
K4.2 The head of service will, at the first available opportunity, inform all officers likely to be affected by an excess staffing situation of the terms and operation of this Section.
Formal Notification
K4.3 The notification of an officers potentially excess status will only be given when the consultation required under subclause K3.1 and the consultation required under subclause K4.1 has taken place. Following such consultation, where the head of service is aware that an officer is potentially excess, the head of service will advise the officer in writing.
K4.4 To allow an excess officer to make an informed decision on whether to submit an election to be voluntarily retired, the head of service must provide the officer with advice on:
- the sums of money the officer would receive by way of severance pay, pay instead of notice, and paid up leave credits; and
- the career transition/development opportunities within the ACTPS.
K4.5 The officer should seek independent advice on:
- amount of accumulated superannuation contributions;
- the options open to the officer concerning superannuation; and
- the taxation rules applicable to the various payments.
K4.6 The relevant directorate will supplement the costs of independent, accredited financial counselling incurred by each officer who has been offered voluntary redundancy up to a maximum of $1000. The head of service will authorise the accredited financial counsellors to invoice the relevant directorate directly.
K5 Voluntary Redundancy
K5.1 At the completion of the discussions in accordance with clause K3, the head of service may invite officers to elect to be made voluntarily redundant under this clause.
K5.2 Where the head of service invites an excess officer to elect to be made voluntarily redundant, the officer will have a maximum of one calendar month from the date of the offer in which to advise the head of service of the officers election, and the head of service will not give notice of redundancy before the end of the one month period.
K5.3 Subject to subclause K5.4, where the head of service approves an election to be made redundant and gives the notice of retirement in accordance with the PSM Act, the period of notice will be one month, or five weeks if the officer is over forty-five years old and has completed at least two years continuous service.
K5.4 Where the head of service so directs, or the officer so requests, the officer will be retired at any time within the period of notice under subclause K5.3, and the officer will be paid in lieu of pay for the unexpired portion of the notice period.
K6 Severance Benefit
K6.1 An officer who elects to be made redundant in accordance with this clause will be entitled to be paid either of the following, whichever is the greater:
- a sum equal to two weeks of the officers pay for each completed year of continuous service, plus a pro rata payment for completed months of continuous service since the last year of continuous service. The maximum sum payable under this paragraph will be 48 weeks pay; or
- twenty-six weeks pay.
K6.2 For the purpose of calculating any payment instead of notice or part payment, the pay an officer would have received had he or she been on annual leave during the notice period, or the unexpired portion of the notice period as appropriate, will be used.
K6.3 For the purpose of calculating payment under subclause K6.1:
- where an officer has been acting in a higher position for a continuous period of at least twelve months immediately preceding the date on which he or she receives notice of retirement, the pay level will be the officers pay in such higher position at that date;
- where an officer has, during 50% or more of pay periods in the twelve months immediately preceding the date on which he or she receives notice of retirement, been paid a loading for shiftwork or are paid a composite pay, the weekly average amount of shift loading received during that twelve month period will be counted as part of "weeks pay";
- the inclusion of other allowances, being allowances in the nature of pay, will be subject to the approval of the head of service.
K6.4 Where a redundancy situation affects a number of officers engaged in the same work at the same level, elections to be made redundant may be invited.
K6.5 Nothing in this Agreement will prevent the head of service inviting officers who are not in a redundancy situation to express interest in voluntary redundancy, where such redundancies would permit the redeployment of potentially excess and excess officers who do not wish to accept voluntary redundancy.
K7 Redeployment
K7.1 Redeployment of potentially excess and excess officers will be in accordance with the officers experience, ability and, as far as possible, the officers career aspirations and wishes.
K7.2 The head of service will consider potentially excess and excess officers from other ACTPS agencies in isolation for vacancies at the officers substantive level.
K7.3 Excess officers (potential or actual) have absolute preference for transfer to positions at the officers substantive level and must be considered in isolation from other applicants for any vacancy within the ACTPS. An excess officer need only be found suitable, or suitable within a reasonable time (generally three to six months) to be transferred to the position. For the purposes of this clause substantive level means the same classification or a classification where the maximum pay does not exceed the top increment of the officers current classification by more than 10%.
K7.4 The head of service will make every effort to facilitate the placement of an excess officer, within the service.
K7.5 The head of service will arrange reasonable training that would assist the excess officers prospects for redeployment.
K7.6 The head of service will provide appropriate internal assistance and career counselling and assist as necessary with the preparation of job applications.
K7.7 An excess officer who does not accept voluntary redundancy is entitled to a seven month retention period.
K7.8 The retention period will commence:
- on the day the officer is advised in writing by the head of service that he or she is an actually excess officer; or
- in the case of an officer who is invited by the head of service to submit an election to be retired - one month after the day on which the election is invited,
whichever is the earlier.
K7.9 The head of service may reduce the officer in classification and place the officer in a specific position within their Directorate, where the officer:
- i. was found unsuitable in a merit selection process for three separate positions; or
ii. has not applied for at least three separate positions, for which the officer could reasonably be expected to be qualified to perform, either immediately or in a reasonable time; and - cannot be placed in gainful employment at the officer's substantive level at the end of the retention period; and
- the officer agrees.
K7.10 The agreement of the officer to be reduced in classification as required in paragraph K7.9(c) will not be unreasonably withheld.
K7.11 Despite the above, if, at the end of the retention period, the head of service is of the opinion that there is insufficient productive work available for the excess officer, the head of service may, subject to the agreement of the officer, such agreement not to be unreasonably withheld, reduce the officer in classification in order to place the officer in a specific position in the ACTPS.
K7.12 An excess officer will not be reduced in classification if he or she has not been invited to elect to be voluntarily retired with benefits, or has made such an election and the head of service refuses to approve it.
K7.13 Where the head of service proposes to reduce an excess officers classification, the officer will be given no less than four weeks notice of the action proposed; or five weeks if the officer is over forty-five years old and has completed at least two years of continuous service. This notice period will, as far as practicable, be concurrent with the seven month retention period.
K8 Involuntary Retirement
K8.1 An excess officer may be made involuntarily redundant, subject to the agreement of the union(s). This clause applies to excess officers who are not:
- retired with consent;
- redeployed to another position; or
- reduced in classification.
K8.2 An officer may be involuntarily retired subject to the agreement of the union(s), such agreement not to be withheld if, during or after six months from the date the officer was declared excess, the officer:
- does not accept a transfer in accordance with the PSM Act; or
- has refused to apply for, or be considered for, a position for which the officer could reasonably be expected to be qualified to perform, either immediately or in a reasonable time.
K8.3 Where the head of service believes that there is insufficient productive work available for an excess officer during the retention period, the head of service may make the officer involuntarily redundant before the end of the retention period.
K8.4 An excess officer will not be involuntarily retired if he or she has not been invited to elect to be voluntarily retired with benefits, or has made such an election and the head of service refuses to approve it.
K8.5 Where the head of service involuntarily retires an excess officer, the officer will be given no less than four weeks notice of the action proposed; or five weeks if the officer is over forty-five years old and has completed at least two years of continuous service. This notice period will, as far as practicable, be concurrent with the seven month retention period.
K9 Income Maintenance Payment
K9.1 An officer who has been receiving a higher rate of pay for a continuous period of at least twelve months and who would have continued to receive that pay rate, except for the excess officer declaration, will be considered to have the higher pay rate.
K9.2 This pay will be known as the income maintenance pay. The income maintenance pay, where applicable, will be used for the calculation of all conditions and entitlements under this clause.
K9.3 The income maintenance pay exists for the retention period or the balance of the retention period.
K9.4 If an officer is involuntarily retired, the entitlements, including paying out the balance of the retention periods, where applicable, will be calculated on the income maintenance pay rate. If an officer is involuntarily retired during the retention periods the officers date of retirement is the date that the officer would have retired after the retention period ceased, not the date of the involuntary retirement. All final entitlements will be calculated from the latter date.
K9.5 If an officer is involuntarily reduced in classification during the retention period, the officer will be entitled to be paid at the income maintenance pay rate for the balance of the retention period.
K9.6 All allowances in the nature of pay will be included in determining the income maintenance pay rate.
K10 Leave and Expenses to Seek Employment
K10.1 At any time after the officer has been advised under subclause K4.3 of being potentially excess, the officer is entitled to paid leave to seek alternative employment. Leave granted under this clause will be for periods of time to examine the job and to attend interviews. Reasonable travelling time will also be granted.
K10.2 The officer will be entitled to any reasonable fares and other incidental expenses if these are not met by the prospective employer.
K11 Use of Personal Leave
K11.1 The use of personal leave will not extend the retention periods of an officer unless these periods are supported by a medical certificate and/or are of such a nature as to make the seeking of employment during certificated personal leave inappropriate.
K11.2 An officer who is receiving income maintenance will have those payments continued during certified personal leave periods of up to a total of six months.
K12 Appeals
K12.1 Without affecting the officers rights under the FW Act, an excess officer has the right under Section J to appeal any decision taken in relation to the officers eligibility for benefits under clauses K5, K6 and K7, the amount of such benefits, or the amount payable by way of income maintenance under clause K9.
K12.2 An excess officer has the right under Section J to appeal against the giving, in accordance with clauses K7 and K8, of a notice of involuntary redundancy or notice of reduction in classification.
K13 Agreement Not To Prevent Other Action
K13.1 Nothing in this Agreement will prevent the reduction in classification of an officer or the retirement of an officer as a result of action relating to discipline, invalidity, inefficiency or loss of essential qualifications.
K14 Re-engagement of Previously Retrenched Officers
K14.1 Despite the PSM Act, officers who are involuntarily retired from the ACTPS can be engaged at any time by the head of service without the written consent of the Commissioner for Public Administration.
K14.2 Officers who elect to be made voluntarily redundant under clause K5 cannot be re-engaged in the ACTPS within two years of the date of the officers separation from the ACTPS, except with the written consent of the Commissioner for Public Administration.
Section L Management or Government Initiated Transfers
L1 Gaining Employees
L1.1 Despite anything to the contrary in the PSM Act, this Section applies where the Directorate:
- gains the holder of an office (a new employee) who has been transferred under section 15(5) of the PSM Act; or
- gains an employee (a new employee) under section 16(2) of the PSM Act; or
- gains an unattached officer (a new employee) under section 119 of the PSM Act; or
- gains an employee (a new employee) as a result of a management initiated transfer or transfer arising from changes to the Administrative Arrangement Orders.
L1.2 Subject to subclauses L1.3 and L1.4, the terms and conditions of this Agreement will apply to the new employee.
L1.3 In applying the terms and conditions of this Agreement to a new employee, the head of service will determine, following transfer of the employee to this Directorate, the pay and classification of the new employee according to the following principles:
- the head of service will determine the new employee's classification (called the "new classification") for the purposes of this Agreement and the conditions of employment (excluding pay) will be solely in accordance with the conditions applicable to that classification under this Agreement with accrued entitlements being preserved in accordance with clause L2;
- if the new employee's current pay (after any necessary adjustments required by clause L2) is within the range of pays for the new classification, the new employee will continue to receive that pay;
- if the lowest pay in the range of pays applicable to the new classification is higher than the new employee's current pay, the employees pay will be increased to the lowest pay applicable to the new classification or the appropriate relativity in the new incremental range;
- if the highest pay in the range of pays applicable to the new classification is less than what the new employee is currently being paid then:
- the employees pay will be frozen at its current level; and
- despite anything to the contrary in this Agreement, the employee will not receive any increase in pay unless and until the highest pay applicable to the employees classification under this Agreement equals or exceeds the employees current pay, at which time the employee will receive the highest pay applicable to the employees classification under this Agreement together with any future increases under this Agreement.
L1.4 A new employee who, at the time the employee was transferred to the Directorate, was working under approved flextime arrangements, will be entitled to continue the flextime arrangements in the Directorate. This provision will apply unless otherwise agreed by the head of service and the employee, or until a new enterprise agreement for the Directorate commences operation under the FW Act.
L1.5 The provisions of the PSM Act dealing with promotions or transfers do not apply to anything done in connection with the implementation of this Section. In particular, any increase in a new employee's pay or classification is deemed not appealable as a promotion and does not require the new employee's position to be advertised.
L2 Preservation of Accrued Entitlements
L2.1 New employees will not lose the benefit of accrued entitlements upon joining the Directorate. Accordingly, the new employee's overall level of accrued entitlements will be preserved according to the following principles:
- where the accrued entitlements are consistent with this Agreement, these entitlements will be preserved but may only be accessed in a manner consistent with the provisions of this Agreement;
- where the accrued entitlements are not consistent with this Agreement and/or cannot be accessed in a manner consistent with this Agreement, then these entitlements will be converted into entitlements or benefits consistent with this Agreement at the discretion of the head of service in consultation with the employee.
L2.2 This clause must be implemented in such a way that an employee is no worse off in terms of the overall level of accrued entitlements.
L3 Establishment of a New ACTPS Directorate
L3.1 If a new ACT Government Directorate is established the terms and conditions of this Agreement will apply for twelve months from the establishment of the new Directorate or for seven days after an enterprise agreement for the new Directorate is approved by the FWC, whichever occurs first, to the following:
- an officer who occupies an office in this Directorate that is transferred to the new Directorate under machinery of government, management or government initiated changes; or
- an employee or unattached officer in this Directorate who is transferred to the new Directorate under machinery of government, management or government initiated changes; or
- an officer or employee in this Directorate who is appointed to or engaged in an office that was transferred to the new Directorate under machinery of government changes; or
- an officer or employee in this Directorate who is engaged in a new office created by the new Directorate, where the officer or employee is engaged in one of the classifications in Annex A of this Agreement.
L3.2 If an office is established in a new Directorate, the terms and conditions of this Agreement will apply:
- to an occupant of that office if it was established to support functions and/or matters that had been performed by this Directorate before the establishment of the new Directorate;
- for twelve months from the establishment of the new Directorate or seven days after an enterprise agreement for the new Directorate is approved by the FWC, whichever first occurs.
L4 Appeal Rights
L4.1 A new employee may seek a review under Section I about decisions made under this Section affecting the employees terms and conditions of employment in the new Directorate.
Section M Fire Related Activities
M1 Application
M1.1 Section M applies to employees from any directorate who occupy a fire designated position or who have been nominated by the head of service and approved by the Executive Director of Parks and City Services (PCS) in the Territory and Municipal Services Directorate (TAMSD) to undertake fire management duties as directed.
M2 Fire Designated Positions
M2.1 The head of service, with approval from the Executive-Director PCS, will identify a number of positions as fire designated positions. The position descriptions of these fire designated positions will clearly have fire-related activities identified as an essential duty and major part of the role. An employees career opportunities will not be disadvantaged as a result of undertaking these fire-related activities.
M2.2 Any new identification of positions as fire designated positions for existing employees will be agreed between TAMSD, the relevant manager/supervisor and the employee, with consideration given to incident management requirements and the ability of the occupant to undertake training and meet fitness standards.
M2.3 TAMSD will maintain a fire readiness roster based on a minimum of 140 occupied and fire designated positions. All nominated employees must be available to meet the roster requirements.
M2.4 The head of service will authorise for nominated employees (as agreed by the Executive-Director PCS), including those that occupy a designated position, to undertake fire management duties and to undertake all requisite training and fitness assessments.
M2.5 The roster will take account of family responsibilities and other relevant factors brought to the attention of the head of service by the employee or the employees representative. Those factors will be taken into account to the extent possible, provided the agreed standard of coverage, as contained in the Memorandum of Understanding (MOU) between TAMSD and Emergency Services, is maintained at all times.
M3 Training
M3.1 All nominated employees will be required to complete minimum competency based fire training. This will include an annual fire preparedness session to update employees knowledge of fire behaviour and safety, as well as an annual fitness assessment.
M4 Fitness Standards
M4.1 All employees in fire designated positions must demonstrate the specified fitness standard on an annual basis, as follows:
- Arduous: ability to complete a 4.8km hike with a 20kg pack in 45 minutes; or
- Moderate: ability to complete a 3.2km hike with an 11kg pack in 30 minutes.
M4.2 Employees whose positions are designated to undertake fire suppression tasks on an active fire ground and who are unable to meet the specified fitness standard will be required to participate in a fitness improvement program funded and approved by TAMSD.
M4.3 Employees who do not meet the fitness standard will be given adequate support and encouragement to meet the fitness standard but will not be eligible to participate in fire suppression tasks until they are able to meet the fitness standard. If possible, these employees will be assigned non fire suppression tasks until they are able to demonstrate the specified fitness standard. If non fire suppression tasks are not available they will be excluded from the readiness roster.
M5 Rostering and Duty Allocation
M5.1 Employees in a fire designated position or who have been nominated to undertake fire management tasks will be included on a readiness roster during each bush fire season. The roster will be prepared to take account of employees leave requirements to the extent possible, provided that all positions on the roster are filled at all times during the bushfire season.
M5.2 Employees on the readiness roster will undertake nominated duties during regular work hours as directed by the rostered fire duty officer. In the event of a fire, suppression tasks will take priority over the nominated duties.
M5.3 Employees on the readiness roster will remain on duty (possibly beyond the end of their regular shift) until the end of the standby period for each day.
M6 Definition of Incident Levels, Commencement and Cessation
M6.1 An incident is defined as an unplanned fire (wildfire) requiring the attendance of an authorised brigade member or appliance, where that member or appliance has been directed to attend by a suitably authorised Brigade member or the ACT Rural Fire Service (RFS).
M6.2 Three levels of incident, for the purposes of Incident Rate of Pay (IROP), are defined as follows:
- Level 1 Incident: A small and comparatively simple wildfire that is contained by first response crews without the requirement for a second shift and the incident controller is based in the field. There is no formal declaration of Level 1 Incidents.
- Level 2 Incident: A larger and/or more complex incident where sectors and an incident management team have been established to effectively manage resources, is attended by more than one agency, may involve more than one shift and has been declared a Level 2 Incident by the Manager, Fire PCS.
- Level 3 Incident: A large and/or complex incident where divisions, sectors and an incident management team have been established to effectively manage resources, is attended by more than one agency, involves more than one shift and has been declared a Level 3 Incident by the Manager, Fire PCS.
M6.3 IROP will be payable from when an employee is deployed to an incident from their depot or overnight accommodation by a suitably authorised Brigade member or the RFS until they return to their depot or overnight accommodation. IROP will not be payable in the event that an employee is deployed to an incident but the deployment is cancelled before they arrive at the incident.
M6.4 An incident can be physically located in the Australian Capital Territory or any other State or Territory in Australia. IROP is not payable for travel from, or to, the ACT at the beginning or end of an interstate deployment.
M7 Definitions for Fire related activities
M7.1 The following definitions apply to fire related activities:
Standby means to be ready or available to act and be prepared for advice to proceed.
Stand down means to end a period of standby, return to normal duty.
Readiness roster means a roster detailing employees available for standby.
M8 Incident Rate of Pay (IROP)
M8.1 IROP will be payable whenever employees are directed to attend and perform an identified role at an unplanned fire suppression incident by a suitably authorised TAMSD employee, or suitably authorised member of the ACT Rural Fire Service. IROP is not payable during periods of standby or for prescribed burning activities.
M8.2 IROP payments will not count as salary for any other purpose. Payment will be made as higher duties allowance (HDA) at the top increment of the pay scale as provided for in this clause. Despite subclauses C9.5 and C9.6, overtime payments for the purpose of this clause will be paid at the top increment of the Incident Position as provided for in this clause or at the employees ordinary hourly rate of pay, whichever is the greater. All overtime payments will be in accordance with subclauses C9.11 to C9.15 inclusive.
Level 1 Incident
Incident Position Rate of Pay (paid at top increment) Crew Member GSO 5 Crew Leader (light unit, tanker, RAFT) GSO 6 Sector Leader (Incident Controller for Level 1) GSO 8 Level 2 Incident
Incident Position Rate of Pay (paid at top increment) Crew Member GSO 6 Crew Leader (light unit, tanker, RAFT) GSO 7 Sector Leader GSO 9 Divisional Commander GSO 10 Incident Management Team (IMT) member ASO 6 Operations Officer, Logistics Officer, Planning Officer (IMT) SOG C Incident Controller SOG B Level 3 Incident
Incident Position Rate of Pay (paid at top increment) Crew Member GSO 7 Crew Leader (light unit, tanker, RAFT) GSO 9 Sector Leader GSO 10 Divisional Commander SOG C Incident Management Team (IMT) member SOG C Task Force Leader SOG C Liaison Officer SOG C Operations Officer, Logistics Officer, Planning Officer (IMT) SOG B Incident Controller SOG A M8.3 Where an employees ordinary hourly rate of pay exceeds the IROP payable, the employee will be paid at their ordinary hourly rate of pay.
M9 Other Payments and Benefits
M9.1 The Travel allowance provided at Annex C of this Agreement will be paid for travel between work locations where an employee is directed to undertake fire standby duties at a location other than their normal work location and is required to travel to the standby location in their own motor vehicle.
M9.2 Fire Fighters leave will accrue (pro-rata) at the rate of half a day for each Saturday or Sunday worked in a fire season, to a total of five days leave. That is, for each Saturday or Sunday that an employee works, an employee will accrue a half day of leave, so if they work a whole weekend they will have accrued one full day of leave. If there are any changes to the Fire Danger and Readiness levels, as set by the Emergency Service Agency, this will trigger a review of the above agreed terms.
M9.3 A Training and Fitness Allowance of $200 will be paid at the commencement of each fire season to employees who undertake fire management duties, meet the fire competency at the arduous fitness standard, and attend the fire preparedness day. Where an employee otherwise meets the fire competency at the moderate fitness standard, an allowance of $100 will be paid.
Annex B Attraction and Retention Incentives
1. Introduction
1.1 This Section sets out the Framework that applies to both individual Attraction and Retention Incentives (ARIns) and to ARIns for groups of employees.
1.2 This Framework may be accessible to all employees (other than casual employees) in all classifications covered by this Agreement, in accordance with the terms of this Framework.
1.3 A Director-General may, subject to paragraph 1.4 enter into an ARIn with an employee for a specified period of time or for a specific project and the ARIn may be varied by agreement between the Director-General and the employee.
1.4 A Director-General may only enter into, or vary, an ARIn following the provision of a written submission to the Head of Service, addressing the criteria in paragraph 5.1.
1.5 In this Framework, a reference to position, employee, occupant or union includes positions, employees, occupants or unions.
2. Approval
2.1 An ARIn may only be agreed and approved in accordance with this Framework.
2.2 The Director-General may only approve an ARIn if the Director-General is satisfied that the position and the employee occupying the position meet the ARIn eligibility criteria set out in paragraph 5.1 of this Framework.
2.3 Prior to any ARIn being agreed, the Director-General must discuss the proposed terms of the ARIn with the employee who is currently occupying the position or who is to occupy the position. In these discussions, the employee may invite a union or other employee representative to assist the employee.
2.4 An ARIn must not be agreed where it would result, when assessed as a whole, in a reduction in the overall terms and conditions of employment provided for the employee under this Agreement or provide terms and conditions that are, in a particular respect, less favourable than the National Employment Standards or the rates of pay set in this Agreement for the same work at the same classification level.
2.5 Where it is proposed that an ARIn will replace or reduce a condition of employment contained in this Agreement the Director-General will consult with the relevant union(s) about the proposed change. In consulting with the union(s), the Director-General will:
- provide the union(s) with relevant information about the position and the proposed change;
- give the union(s) a reasonable opportunity to consider this information and, if the union(s) wishes, provide written views to the Director-General within seven days; and
- take into account any views of the union(s) and provide a written response before deciding to enter into or vary the ARIn.
Information that the Director-General provides to the union(s) under paragraph 2.5 (a) will not include information that might directly or indirectly disclose the identity of the particular employee.
2.6 At any time following the conclusion of the consultation required under paragraph 2.5 the Director-General and the employee may agree on the terms of an ARIn to apply to the position that the employee occupies.
2.7 The terms and conditions of employment of this Agreement will continue to form the principal basis for employees covered by this Agreement. Accordingly, where an ARIn applies to an employee, the terms and conditions of the employee is a combination of:
- the terms and conditions contained in this Agreement; and
- the terms and conditions contained in the ARIn.
2.8 The terms and conditions of employment contained in an ARIn prevail over the terms and conditions of employment contained in this Agreement to the extent of any inconsistency.
3. Application
3.1 The ARIn will commence from the date specified in the ARIn.
- the ARIn ceases to operate at an earlier time in accordance with the provisions of this Framework; or
- the ARIn continues to operate under the provisions in the replacement enterprise agreement.
3.3 Subject to this Framework, the ARIn will operate while the employee continues to be the occupant of the position identified in the ARIn.
3.4 Subject to this Framework, the ARIn will cease to apply to the employee where:
- the Director-General determines, following a review provided for under paragraph 7 of this Framework, the ARIn should no longer apply to the position; or
- the employee vacates the position identified in the ARIn including when the employee agrees to go unattached or is temporarily transferred to another position.
3.5 Notwithstanding paragraphs 3.3 and 3.4, the ARIn will automatically cease to apply to the employee after fifteen months unless the ARIn is reviewed and either extended or renewed.
3.6 Where an employee party to an ARIn temporarily vacates the position and another employee is selected to act in the position, the Director-General may, upon the provision of a submission to the Head of Service, determine the ARIn applies to the employee who is acting in the position.
- machinery of Government changes; or
- management initiated changes; or
- changes to the Administrative Arrangement Orders.
3.8 An ARIn will continue to operate in accordance with paragraph 3.7 only where the position and the occupant continue to meet the ARIn eligibility criteria.
3.9 If following Machinery of Government or management initiated changes, the position or the occupant of the position cease to meet the eligibility criteria, the ARIn will cease to operate.
3.10 The Director-General must provide the employee with a minimum of 90 days (or less if agreed by the employee) written notice before the ARIn ceases to operate under paragraph 3.4 (a).
4. Deeming
4.1 Subject to paragraph 4.2 a Special Employment Arrangement (SEA) that applied to an employee covered by this Agreement on the date the Agreement commenced operation will be deemed to continue to operate under this Agreement, either:
- in its current terms; or
- subject to such variations that are agreed between the Director-General and the employee concerned and the provision of a submission to the Head of Service.
provided: - the SEA had either commenced or been reviewed within 12 months preceding the date of this Agreement commenced operation; or
- a review of the SEA has begun (within 12 months preceding the date this Agreement commenced operation) but was not completed when this Agreement replaced the previous enterprise agreement.
For paragraph 4.1(a) or (b) above, the terms and conditions of this Agreement will apply as if the SEA had been made under this Agreement. This includes the pay increase on 1 July 2013, where an SEA provides for increases linked to pay increases, but excludes all other pay increases under subclause C2.2 of this Agreement.
4.2 Despite paragraph 4.1 the Director-General and the employee to whom an SEA applied under the previous enterprise agreement may, subject to the provision of a submission to the Head of Service, agree to enter into an ARIn in accordance with this Framework.
5. Eligibility Criteria
5.1 In determining whether an ARIn should apply to a position, the Director-General and Head of Service will take into account the following criteria:
- the position is critical to the operation of the Directorate or to a business unit in the Directorate;
- an employee who occupies the position requires specialist qualifications or specialist or high level skills;
- the skills required by the employee who occupies the position are in high demand in the marketplace;
- the position would incur significant costs to replace.
5.2 In considering paragraph 5.1 (c) the Director-General and Head of Service must take into account relevant market data.
5.3 Where an Australian Workplace Agreement is terminated, the position that the employee who was a party to the Australian Workplace Agreement occupies will be deemed to have met the eligibility criteria at paragraph 5.1.
6. Scope of an Attraction and Retention Incentive
6.1 An ARIn may contain:
- enhanced pay rates;
- provision for privately plated vehicles where the Director-General and Head of Service considers there is a clear, unambiguous and exceptional need;
- other terms and conditions of employment where the Director-General and Head of Service considers there is a clear, unambiguous and exceptional need;
- in the case where an Australian Workplace Agreement is terminated, the terms and conditions of employment that were contained in the Australian Workplace Agreement.
6.2 Should the Director-General consider that there is a compelling reason for the Directorate to pay enhanced rates of pay in excess of 50% of the base rate of pay for the positions classification, the Director-General will apply to the Head of Service for approval to do so.
6.3 An application to the Head of Service under paragraph 6.2 must include relevant and appropriate market data as well as an explanation of why the Director-General considers that there is a need to pay above 50%.
6.4 In assessing whether an ARIn should be paid to any employee, the Director-General and Head of Service will give particular consideration to the consequences the granting of the ARIn may have on the Territorys ability to recruit and/or retain executive positions.
6.5 The rates of pay component of an ARIn counts as pay for all purposes including superannuation and for the purposes of calculating the rate of pay for annual leave, long service leave, paid personal leave, paid maternity leave, redundancy payments and other paid leave granted under this Agreement. If leave is on reduced pay or without pay, the pay component of the ARIn must be reduced on a pro-rata basis.
6.6 Normal incremental advancement will continue to apply in relation to the base rate of pay of the employee.
6.7 The pay component of an ARIn is payable by fortnightly instalment.
6.8 Notwithstanding paragraph 6.7 the pay component of an ARIn, or part thereof, may be paid as a lump sum subject to the condition that this is agreed in advance and is not directly linked to performance.
6.9 The terms of the ARIn must contain provisions:
- setting out the level of the employees base rate of pay;
- setting out the pay component, any other terms and conditions of employment that are to apply under the ARIn, and the total dollar value of the ARIn;
- stating that the terms and conditions of the employee will revert to the applicable rates of pay and terms and conditions of employment under this Agreement in the event the ARIn ceases to operate or is terminated; and
- containing the terms of this Framework.
7. Review of Attraction and Retention Incentives
7.1 The Director-General must review an ARIn at least annually from the date of the signing of the ARIn to determine whether it should continue to operate.
7.2 In addition, the Director-General must also review an ARIn where:
- the position is no longer critical to the operation of the Directorate or business unit in the Directorate; or
- the employee no longer holds the required specialist qualifications.
7.3 In reviewing the ARIn, the Director-General must consider whether the position and the employee who occupies the position continue to meet the ARIn eligibility criteria. The Director-General must take into consideration relevant market data when reviewing an ARIn.
7.4 The Director-General will consult with the employee party to the ARIn when undertaking a review. In these consultations, the employee may invite a union or other employee representative to assist the employee.
7.5 Subject to paragraph 7.6, if following the conclusion of the review under paragraph 7.1 or 7.2, and the consultation required under paragraph 7.4 the Director-General:
- concludes from the review that the position and employee who occupies the position continue to meet the ARIn eligibility criteria, the ARIn will continue to apply to the employee; or
- considers that the terms of the ARIn should be varied to reflect relevant changes, the ARIn will be varied accordingly.
7.6 An action under paragraph 7.5 is subject to the Director-General providing a written submission to the Head of Service that the ARIn continue, or be varied.
7.7 If, following the conclusion of the consultation required under paragraph 7.4 the Director-General concludes from the review that the position or the employee who occupies the position do not meet the ARIn eligibility criteria, the ARIn will, subject to paragraph 7.9, cease to operate.
7.8 To avoid doubt, in the case of ARIns for a group of employees, paragraph 7.7 will not affect the ARIns of those employees in the group that continue to meet the ARIn eligibility criteria.
7.9 The Director-General must provide the employee with a minimum of 90 days written notice, or less if agreed by the employee, before the ARIn ceases to operate under paragraph 7.7 or is varied under paragraph 7.5(b).
8. Salary Sacrifice Arrangements
8.1 Remuneration and conditions provided under an ARIn may be used for the purposes of salary sacrifice arrangements in accordance with the Salary Sacrifice Arrangement provisions of this Agreement. Where an employee salary sacrifices any part of the terms of an ARIn and in accordance with this Framework the ARIn ceases to apply, the employee must notify the salary sacrifice arrangement provider that the terms of the ARIn can no longer be packaged.
9. Notification
9.1 The Director-General will provide information to the Chief Minister and Treasury Directorate about ARIns approved by the Director-General for employees in the Directorate during the reporting year, for inclusion in the State of the Service Report.
9.2 The Chief Minister and Treasury Directorate will provide regular reports to the union(s) on ARIns including details of the number, terms and classifications of all ARIns approved by directorates.
10. Interpretation
10.1 In this Framework, unless the contrary intention appears:
base rate of pay in relation to an employee is the rate of pay payable under Annex A of this Agreement for the employees classification on the date the ARIn commences, or for a review, on the date that the ARIn is approved or varied following a review.
Director-General means the person occupying the position of Director-General of the relevant Directorate, or their nominated delegate.
Head of Service means the person occupying the position of Director-General of the Chief Minister and Treasury Directorate and exercising the powers of the Head of Service.
occupant means an employee who occupies a position to which an ARIn applies.
relevant market data includes but is not limited to job sizing assessments, recruitment experience, market surveys and job advertisements. Where a job sizing assessment or market survey is used as relevant market data, the assessment or survey must be undertaken by a remuneration consultant or internal remuneration employee.
Annex C Expense, Disability and Skill Related Allowances
Index
Allowance Type Directorate(s) Accreditation Qualification ESDD, Health, JACSD, TAMSD After Hours Contact Disability TAMSD Books and Equipment Expense CMTD, ESDD, Health, JACSD Camping Disability ETD school-based employees and TAMSD Camping Outlay Disability ETD school-based employees and TAMSD Cemetery Composite Disability TAMSD CLS Leading Hand (Supervisor) Qualification TAMSD CLS Production Incentive Disability TAMSD Excess Fares and Travelling Time Expense All Directorates Fire Duty Coordinator Disability ESDD and TAMSD First Aid Qualification All Directorates Forestry Other Staff Disability ESDD and TAMSD Group Work Program Functional JACSD Horse and Dog Expense TAMSD Intermittent Driving Duties Functional All Directorates Isolated Establishments Expense ESDD and TAMSD Licence Electrical Trade Qualification ESDD, Health, JACSD and TAMSD Licence Plumber Qualification EDD Sport and Recreation, ESDD, Health, JACSD, TAMSD Linguistic Availability Performance Qualification All Directorates Medical Typist Functional Health Motor Vehicle Expense All Directorates Overtime Meal Disability All Directorates Special Education Functional ETD Travelling Entitlement Expense ETD Travel Fire Standby Expense ESDD and TAMSD 1. Disability Allowances
After Hours Contact
Employee Type
An employee designated by the head of service.
Directorate
Description
An employee designated to be the after hours contact to respond on behalf of the group to requests for assistance in the event of bushfires, other emergencies or other activities determined by the head of service, who will be required to accept telephone calls and respond appropriately to requests for assistance will be paid an allowance.
Rate/Frequency per week
Rate at 01/07/2012 2.0% from 04/07/2013 1.5% from 03/07/2014 1.5% from 09/04/2015 1.5% from 08/10/2015 1.5% from 07/04/2016 1.5% from 06/10/2016 1.5% from 06/04/2017 $674.37 $687.86 $698.18 $708.65 $719.28 $730.07 $741.02 $752.13 Payment on Leave
Not paid during any type of paid or unpaid leave.
Note
The allowance replaces all entitlements to On Call, Close Call and Overtime Meal Allowance in relation to the duties of Directorate Representative.
Camping
Employee Type
An employee who is required to camp out or who is employed as a member of an ACTPS camping party and is camping out. An employee assisting temporarily in a camping party, or replacing a member of a camping party who is on recreation leave or absent for any other reason, is entitled to be paid the allowance if they stay in the camp.
Directorate
(TAMSD, ETD school-based employees)
Description
Camping allowance is payable to employees who as members of an ACTPS camping party are required to camp out and are not staying in commercial lodgings where a travel allowance is payable. The allowance is payable for each night under camping conditions subject to various qualifying conditions for different levels of allowances detailed below.
Rate/Frequency per day (1) cook provided:
Rate at 01/07/2012 2.0% from 04/07/2013 1.5% from 03/07/2014 1.5% from 09/04/2015 1.5% from 08/10/2015 1.5% from 07/04/2016 1.5% from 06/10/2016 1.5% from 06/04/2017 $32.21 $32.85 $33.35 $33.85 $34.35 $34.87 $35.39 $35.92 Rate/Frequency per day (2) cook not provided:
Rate at 01/07/2012 2.0% from 04/07/2013 1.5% from 03/07/2014 1.5% from 09/04/2015 1.5% from 08/10/2015 1.5% from 07/04/2016 1.5% from 06/10/2016 1.5% from 06/04/2017 $53.84 $54.92 $55.74 $56.58 $57.43 $58.29 $59.16 $60.05 Payment on Leave
(1) Where a member of a camping party receiving Camping allowance goes on recreation or other leave (except personal leave) with or without pay, the allowance must be discontinued during the leave.
(2) Where a member of a camping party goes on recreation leave and is unable to reach headquarters (where the leave will commence) on the day of leaving camp and an overnight stay in a hotel or motel is necessary, the employee should be reimbursed for reasonable travelling expenses for the journey from the camp to headquarters, and for the return journey, under the conditions set out in Part 7.1 of the Public Sector Management Standards.
(3) A member of a camping party receiving Camping allowance who goes on personal leave is covered by the Personal leave provisions of this agreement.
- If a member of a camping party while in camp is granted personal leave, Camping allowance may be continued for a period not exceeding one month if the member remains in camp or incurs expense for board and lodging in the same locality as the camp.
- If a member of a camping party covered by this provision returns home or travels to a hospital, the fares to home and return to duty should be met by the Directorate. However, fares to and from an employee's home should not be paid under this provision if the Directorate considers it unreasonable, having regard to (for example) the distance to be travelled by the employee and the nature and likely duration of the illness.
- If the employee travels to a hospital, fares to and from the nearest hospital should be paid under the conditions of this provision, provided that there is no hospital at the specified headquarters of the party.
- An allowance should be paid for the journey to and from home or hospital, at the rate that would have been payable had the employee been on duty during the period covered by the journey; and for the period in hospital, where the hospital is situated away from their home town or headquarters. For the period covered by this provision, an employee should be in precisely the same position as if remaining on duty with the party. (For example, if the party was in camp during the member's absence, the allowance would be payable. If the party was part in camp and part in lodgings, Camping allowance would be calculated on that basis)
Definitions
base camp means a camp in which there are caravans, huts or tents for sleeping and usually for messing; water for washing clothes and bathing; and a kitchen with a refrigerator and other amenities.
Notes
(1) Where a member of a camping party travels to and from home each day without Camping allowance, or without claiming reimbursement for travel under Part 7.1 of the Public Sector Management Standards (PSMS), the fare for their travel may be refunded provided that:
- the cost is not greater than the amount payable for Camping allowance or reimbursement for reasonable travel expenses under Part 7.1 of the PSMS; and
- the approval of the officer directly responsible for the camping party is first obtained.
(2) Where a member of a camping party desires to leave camp and visit home for weekends or public holidays (including during the period from Christmas Day to New Year's Day), and provided the Directorate incurs no expense for transport, Camping allowance may be continued during the absence from camp (but not for any days on which the employee is on leave with or without pay). Except as provided under this provision, Camping allowance must not be paid during a weekend and public holidays comprising more than four consecutive days.
Exclusions
(1) The allowance does not apply to an employee who has been authorised by the head of service to reside in lodgings.
(2) No allowance for travelling time or waiting time is payable under this provision.
Camping Outlay
Description
Where an employee who is entitled to be paid a Camping allowance is required to camp out in excess of seven days, they will be entitled to an additional allowance for the period which is:
Rate/Frequency per day (3) more than 7 days but less than 14 days:
Rate at 01/07/2012 2.0% from 04/07/2013 1.5% from 03/07/2014 1.5% from 09/04/2015 1.5% from 08/10/2015 1.5% from 07/04/2016 1.5% from 06/10/2016 1.5% from 06/04/2017 $64.66 $65.95 $66.94 $67.95 $68.97 $70.00 $71.05 $72.12 Rate/Frequency per day (4) not less than 14 days but less than 21 days:
Rate at 01/07/2012 2.0% from 04/07/2013 1.5% from 03/07/2014 1.5% from 09/04/2015 1.5% from 08/10/2015 1.5% from 07/04/2016 1.5% from 06/10/2016 1.5% from 06/04/2017 $129.32 $131.91 $133.88 $135.89 $137.93 $140.00 $142.10 $144.23 Rate/Frequency per night (5) any other case more than 21 days:
Rate at 01/07/2012 2.0% from 04/07/2013 1.5% from 03/07/2014 1.5% from 09/04/2015 1.5% from 08/10/2015 1.5% from 07/04/2016 1.5% from 06/10/2016 1.5% from 06/04/2017 $194.01 $197.89 $200.86 $203.87 $206.93 $210.03 $213.18 $216.38 Where an employee is not supplied with camping equipment by the Directorate and they hire it, in addition to the allowance under this provision they are entitled to be paid an allowance equal to the cost of hiring the equipment.
Where an officer is required to move from camp to camp and where they are not staying in a base camp, a caravan or a hut, then an additional allowance is to be paid if the period of camping out is:
Rate/Frequency per night (6) more than 1 night but not more than 5 consecutive nights:
Rate at 01/07/2012 2.0% from 04/07/2013 1.5% from 03/07/2014 1.5% from 09/04/2015 1.5% from 08/10/2015 1.5% from 07/04/2016 1.5% from 06/10/2016 1.5% from 06/04/2017 $10.27 $10.48 $10.63 $10.79 $10.95 $11.12 $11.28 $11.45 Rate/Frequency per night (7) not less than 6 consecutive nights:
Rate at 01/07/2012 2.0% from 04/07/2013 1.5% from 03/07/2014 1.5% from 09/04/2015 1.5% from 08/10/2015 1.5% from 07/04/2016 1.5% from 06/10/2016 1.5% from 06/04/2017 $20.58 $20.99 $21.31 $21.63 $21.95 $22.28 $22.61 $22.95 