COMMONWEALTH OF AUSTRALIA
WORKPLACE RELATIONS ACT 1996
EXECUTIVE LEVEL EMPLOYEES
AUSTRALIAN WORKPLACE AGREEMENT
THE SECRETARY OF THE DEPARTMENT OF THE PRIME MINISTER AND CABINET, ON BEHALF OF THE COMMONWEALTH (“THE EMPLOYER”),
NAME DEPARTMENT OF THE PRIME MINISTER AND CABINET (“THE EMPLOYEE”)
Contents of AWA
9. 10. 11.
OPERATION OF AGREEMENT 1.1 Objectives of Agreement 1.2 Obligations 1.3 Parties and process 1.4 Period of operation 1.5 Variation 1.6 Delegation 1.7 Interaction with existing instruments 1.8 Exclusion of protected award conditions 1.9 Australian Fair Pay and Conditions Standards 1.10 Entitlements under Commonwealth laws not affected by AWA PERFORMANCE 2.1 Duties 2.2 Working arrangements REMUNERATION 3.1 Salary 3.2 Performance Agreement 3.3 Performance Bonus 2005-2006 and 2006-2007 3.4 Action in relation to unsatisfactory performance 3.5 Superannuation 3.6 Salary packaging 3.7 Reassignment of duties to a higher level LEAVE 4.1 Leave – general 4.2 Annual leave 4.3 Personal leave 4.4 Compassionate Leave 4.5 Portability of accrued annual and sick leave entitlements 4.6 Miscellaneous leave 4.7 Maternity leave 4.8 Adoption Leave 4.9 Foster Care 4.10 Paternity Leave 4.11 Parental Leave 4.12 Additional Christmas/New Year leave 4.13 Other leave 4.14 Public holidays 4.15 Days of cultural or religious significance TRAVEL ASSISTANCE 5.1 Domestic travel 5.2 Overseas travel 5.3 Airline lounge membership 5.4 Frequent flyer points 5.5 Motor Vehicle Allowance RELOCATION ASSISTANCE OTHER CONDITIONS 7.1 Employee Assistance Program 7.2 Studies assistance 7.3 Jury service fees and expenses 7.4 Reimbursement for loss or damage 7.5 Additional conditions REDEPLOYMENT, REDUCTION & RETRENCHMENT 8.1 Identification 8.2 Invitation to Express Interest In Voluntary Retirement 8.3 Redeployment and Re-Assignment of Duties 8.4 Voluntary Retirement 8.5 Accelerated Separation 8.6 Where an offer of Voluntary Retrenchment has been accepted 8.7 Severance Benefit – Recognition of Service 8.8 Severance Benefit – Rate of Payment 8.9 Commencement of Retention Period 8.10 Involuntary Retrenchment SETTLING DISPUTES THAT ARISE OUT OF THIS AGREEMENT TERMINATION OF EMPLOYMENT: REVIEW MECHANISM ANTI-DISCRIMINATION
1 1 1 1 1 1 1 2 2 2 2 3 3 3 3 3 3 4 4 5 5 5 6 6 6 6 7 7 7 7 7 8 8 8 8 8 8 9 9 9 9 9 10 10 10 10 10 10 10 11 11 11 11 12 12 13 13 14 14 15 15 16 17 17 17
1. 1.1 1.1.1
OPERATION OF AGREEMENT Objectives of Agreement This Agreement aims to recognise and reward performance in achieving corporate priorities, upholding the APS values and in demonstrating leadership behaviours. Obligations The Employee will observe, and encourage others to observe, the APS Values and Code of Conduct as provided for by the Public Service Act 1999 (PS Act), the Public Service Regulations and the Department’s Code of Conduct as existing from time to time. The Employee will actively support and promote the Department's corporate initiatives, including the: Working Smarter Principles and the Work & Life Balance commitments; and Secretary’s requirements in relation to the corporate responsibilities of Executive Level staff as advised from time to time.
Parties and process This agreement is made under Part 8 of the Workplace Relations Act 1996 (the WR Act) between the Commonwealth of Australia, represented by the Secretary of the Department of the Prime Minister and Cabinet, 3-5 National Circuit, Barton, ACT 2600 (“the Employer”) and the Executive Level Employee named on the signature page (“the Employee”). Period of operation In accordance with section 347 of the WR Act, this AWA will come into operation on the day it is lodged with the Office of the Employment Advocate (OEA). The AWA will stop operating at the earlier of the following times: the time when a termination under Division 9 of Part 8 of the WR Act takes effect; or the time when another AWA between the Department and the Employee starts to operate.
In accordance with section 352 of the WR Act, the nominal expiry date of this AWA will be 30 September 2007. Variation This AWA cannot be varied except in accordance with Division 8 of Part 8 of the WR Act. Delegation Subject to the WR Act, the Secretary may delegate any or all of his or her powers and functions under this Agreement, and may do so subject to conditions.
1.7 1.7.1 Interaction with existing instruments
The Secretary and the Employee note that, in accordance with clause 3 of Part 2 of Schedule 7 to the WR Act, a pre-reform certified agreement (including the Department of the Prime Minister and Cabinet Certified Agreement 2004-2007 Working Smarter to Achieve a Better Work/Life Balance) has no effect in relation to the Employee. Exclusion of protected award conditions This workplace agreement is a comprehensive agreement, and excludes the protected award conditions (as defined in the WR Act, as amended from time to time) or that are about, incidental to, or machinery provisions to, protected award conditions, within the Australian Public Service Award 1998 (as varied from time to time). Note: The protected award conditions are award conditions that are excluded from the Agreement, that would, but for this Agreement, have effect in relation to the employment of employees under this Agreement and relate to the following matters: rest breaks, incentive based payments and bonuses, annual leave loadings, public holidays, monetary allowances, loadings for working overtime or for shift work, penalty rates, outworker conditions; and any other award conditions specified as protected award conditions in Regulations made under the Act. Australian Fair Pay and Conditions Standards The parties note that the Australian Fair Pay and Conditions Standard will prevail over this Agreement to the extent that the Standard provides for a more favourable outcome for the Employee in a particular respect. Entitlements under Commonwealth laws not affected by AWA
1.10.1 The Secretary and the Employee acknowledge that his or her entitlements, if any, under various Commonwealth laws are not affected by this AWA, including the following laws: Long Service Leave (Commonwealth Employees) Act 1976; Maternity Leave (Commonwealth Employees) Act 1973; Occupational Health and Safety (Commonwealth Employment) Act 1991; Public Service Act 1999; Safety, Rehabilitation and Compensation Act 1988; Superannuation Act 1976; Superannuation Act 1990; Superannuation Act 2005; Superannuation Benefits (Supervisory Mechanisms) Act 1990; Superannuation (Productivity Benefit) Act 1988; Superannuation Guarantee (Administration) Act 1992; and Workplace Relations Act 1996.
2. 2.1 2.1.1
PERFORMANCE Duties The Employee will undertake the duties assigned by the Secretary, immediate supervisor and/or other senior managers, providing that such duties are consistent with the laws of the Commonwealth. Working arrangements Arrangements for attendance for duty will be subject to mutual agreement between the Employee and his or her manager. For the purposes of establishing a period of absence from duty for leave, the Employee’s full time nominal weekly hours will be a notional 7 hours and 21 minutes per day. The Employee agrees that the guarantee in Subdivision B of Division 2 of Part 7 of the WR Act may be satisfied within a 12 month period, commencing upon lodgement of this AWA. The Employee may, with the agreement of his or her supervisor, access regular parttime work or work from home on either a regular or temporary basis in accordance with associated guidelines. Remuneration and other benefits will be calculated on a pro-rata basis if the Employee elects to work part-time. REMUNERATION Salary The Employee’s annual base salary will be an amount of $xxx with a date of effect of xxx. The Employee will be entitled to a 4% salary increase on 1 October 2006 subject to having an up to date performance agreement in place. The Employee may be entitled to salary progression and subject to salary regression in accordance with the Department’s performance management scheme and associated guidelines. The Employee’s base salary may be adjusted from time to time as determined by the Secretary. Performance Agreement The Employee will develop a performance agreement with his or her supervisor in accordance with the Department’s performance management scheme and associated guidelines. The Employee is required to perform his or her duties and relate to other Departmental staff in a way that reflects the APS Values and Code of Conduct. This requirement will be incorporated into the Employee’s performance agreement.
2.2 2.2.1 2.2.2
3. 3.1 3.1.1 3.1.2 3.1.3
The Employee’s performance agreement will identify developmental needs as agreed with his or her supervisor. The Department aims to provide access to development opportunities consistent with these needs. The parties agree that any performance agreement under the performance management scheme in existence for the Employee at the time this AWA starts to operate will be taken to be a Performance Agreement for the purposes of this AWA. Performance Bonus 2005-2006 and 2006-2007 Subject to the following clauses, the Employee may be entitled to payment of a performance bonus for the years ending 30 September 2006 and 30 September 2007. Performance pay provisions will apply from the date of commencement of the Employee’s engagement or promotion in the Department of the Prime Minister and Cabinet. Any performance bonus payable will be determined on the basis of a rating provided under the Department’s performance management scheme, in accordance with the following table: Executive Level Employees Rating Fully effective (3) Superior (4) Outstanding (5) Bonus 4% of annual base salary or salary progression 8% of annual base salary & salary progression (where applicable) 12% of annual base salary & salary progression (where applicable)
3.3 3.3.1 3.3.2
A performance bonus will be paid as a lump sum and will not be regarded as salary for superannuation purposes. Any period of paid leave (other than recreation leave or long service leave that exceeds 3 months – aggregate or continuous - in any one financial year) will be included in the period in respect of which a performance bonus is payable provided that, but for that period of leave, the Employee would have continued to perform the work to which the AWA relates. Performance pay is not paid for periods of leave without pay. Subject to clause 3.3.4 a pro rata bonus would be payable where an Employee is temporarily re-assigned duties at either the Executive Level 2 or SES level for a continuous period of at least 3 months during the appraisal cycle. Where an ongoing employee commences at the Executive Level 1 or 2, or exits the Department during the appraisal cycle, a pro rata bonus (based on completed months) where the Employee is eligible in terms of performance, will be payable subject to clause 3.3.4. Action in relation to unsatisfactory performance Should the Employee receive a rating of Unsatisfactory (1), or should his or her supervisor at any time believe that his or her performance has declined to the point that would warrant an “unsatisfactory” rating in a performance appraisal assessment under the Department’s performance management scheme, the Secretary may determine a lower salary or reduce the Employee’s classification to a lower classification under section 23 of the PS Act, or terminate his or her employment under section 29 of the PS
Act. Such action will be taken in accordance with Chapter 6 of the Public Service Commissioner’s Directions 1999. 3.5 3.5.1 3.5.2 Superannuation The Department will make superannuation contributions to ComSuper or the Employee’s designated superannuation fund. The Employee’s salary for superannuation purposes will be the amount specified in subclause 3.1.1, or otherwise agreed, as adjusted under subclauses 3.1.2 and 3.1.3 and in accordance with the superannuation rules. Salary packaging The Employee may choose to access flexible remuneration packaging, in accordance with the policy approved by the Secretary, and as varied from time to time, provided that any additional costs incurred by the Department are met by the Employee. Participation in salary packaging arrangements will not affect salary for superannuation purposes or any other purpose. Reassignment of duties to a higher level An employee who is reassigned duties at a higher non-SES classification level either within a PMC Band or between one PMC Band and the next, for a period of 20 consecutive working days or more, will be paid a Temporary Performance Allowance (TPA) equal to the difference between the employee’s current salary and a salary point of the higher classification, as determined by the Branch Head. An employee who is reassigned duties at a higher level in an SES position for a period of 20 consecutive working days or more will be remunerated at a salary point determined by the Secretary. For periods of 19 consecutive working days or less, TPA will not be payable. The period of acting however will be taken into account by the employee’s supervisor in his or her annual performance review. Where the Employee is reassigned duties at a higher level for more than 10 consecutive working days, but less than 20 consecutive working days, during an extremely busy operational period, the Division Head may in appropriate circumstances authorise payment of a Skills and Responsibilities Loading in accordance with the associated guidelines. It is expected that cascading backfilling of positions will not occur. Where TPA is paid for a period of three months or more, performance at the higher level will be reflected in the Employee’s Performance Agreement for the purposes of the performance management scheme. TPA does not form part of the Employee’s substantive salary and does not count for superannuation purposes, except where it has applied for a continuous period of twelve months or more.
4. 4.1 4.1.1 4.1.2
LEAVE Leave – general The Employee’s leave credits at the date on which the Agreement takes effect are retained and will be regarded as if they had accrued under this Agreement. If any public holiday referred to in clause 4.9.1 occurs during any paid personal or annual leave, the period of the public holiday is additional to any other entitlement to leave and will not be deducted from the Employee’s leave credit. Annual leave The Employee will accrue 147 hours (twenty working days) annual leave, for each full year worked, to be credited fortnightly. During a full calendar year where aggregated leave without pay exceeds 30 calendar days, any further leave without pay will not count as service for annual leave purposes. Annual leave will be administered in accordance with associated guidelines. If the Employee has accrued 40 days or more annual leave, he or she may elect to cash out a specified number of days annual leave where annual leave has been taken within the previous twelve months and since 1 January 2001, in accordance with the following table: Days taken 20 15 10 Days that can be cashed out 10 7 5
4.3 4.3.1 4.3.2
Personal leave The Employee will accrue 18 days paid personal leave each year. The Employee is entitled to access paid personal leave when ill or injured and for caring purposes of an occasional and non-enduring nature including: caring for members of the Employee’s family who are ill, injured or have an ongoing medical condition; or meeting family responsibilities of an emergency, short-term and unscheduled nature where the Employee has no accrued annual leave available.
4.3.3 4.3.4 4.3.5
Unused personal leave will accumulate, but cannot be paid out on separation. Personal leave will be administered in accordance with associated guidelines. The Employee is entitled to unpaid carer’s leave in accordance with Subdivision C of Division 5 of Part 7 of the WR Act (part of the Australian Fair Pay and Conditions Standard).
4.4 4.4.1 Compassionate Leave
The Employee is entitled to paid compassionate leave in accordance with Subdivision E of Division 5 of Part 7 of the WR Act (part of the Australian Fair Pay and Conditions Standard). Compassionate leave is in addition to any other leave entitlements the Employee has under this Agreement. Portability of accrued annual and sick leave entitlements If the Employee joins the Department from an employer staffed under the PS Act, the Parliamentary Service Act 1999 or from the ACT Public Service, the accrued annual leave and sick/personal/carers’ leave credits (however described) will be transferred, provided there is no break in continuity of service. The arrangements for using these accrued credits of leave, and any future entitlement to annual and personal leave, will be those prevailing in this Department. Miscellaneous leave The Employee may apply for miscellaneous leave with or without pay, for a purpose not provided for elsewhere. This leave will be administered in accordance with associated guidelines. Requests for miscellaneous leave will be considered on a case by case basis taking into account: the nature of the request; the amount of time requested; and operational needs of the work area.
Maternity leave If the Employee is eligible for paid maternity leave over the twelve week period of mandatory absence, she may elect in advance to spread the payment for the period of mandatory absence over a period of up to 24 weeks at half normal pay or a combination of half pay and full pay, as applicable. The initial twelve weeks will count as service consistent with her nominal weekly hours (refer to subclause 2.2.2). The additional leave beyond the mandatory twelve weeks will not count as service for any purpose as it is not paid leave under section 7B of the Maternity Leave (Commonwealth Employees) Act 1973. Further information on maternity leave is available in associated guidelines. Adoption Leave Subject to documentary evidence, employees will be able to access 10 days paid adoption leave, from their personal leave credits, for the purposes of adopting a child. The adoptive child must not: have previously lived with the employee for a continuous period of six months or more; and/or
4.7.2 4.8 4.8.1 4.8.2
must not be a child or stepchild of the employee or the employee’s partner unless that child had not been in the custody and care of the employee or the employee’s partner for a significant period. 4.8.3 Adoptive leave must be taken within 66 weeks from assuming responsibility for the child, is non-gender specific and counts towards any parental leave that is taken in conjunction with the adoption of a child. Foster Care Where the Employee is in a long-term formal fostering arrangement, flexibility will be provided to support this arrangement through leave without pay. The Employee will be entitled to access the parental leave provisions of this Agreement, where the arrangement is for more than 12 months. Paternity Leave
4.10.1 Male Employees will be able to access 10 days paid paternity leave, from their personal leave credits, immediately following the birth of a child. 4.11 Parental Leave
4.11.1 The Employee will be entitled to parental leave without pay for the purpose of enabling the employee to care for his or her child following the birth or adoption of the child in accordance with the associated guidelines. 4.12 Additional Christmas/New Year leave
4.12.1 The Employee is entitled to two additional days leave during the period from 25 December to the first working day following 1 January on those days which are not public holidays within the meaning of subclause 4.9 of this Agreement. There will be no requirement to take annual leave over this period. 4.12.2 Branches will establish minimal staffing arrangements for critical areas during the Christmas/New Year break. Should the Employee be required to be on duty between Christmas and the New Year, a substitute period of time off will be granted at single time. 4.13 Other leave
4.13.1 The Employee may be entitled to apply for Defence Reservists Leave and War Service sick leave which will be administered in accordance with the Australian Fair Pay and Conditions Standards (where applicable) and any associated guidelines. 4.14 Public holidays
4.14.1 The Employee will have access to the following public holidays each year on full pay: 1 January (New Years Day) or substitute; 26 January (Australia Day) or substitute; Good Friday and the following Saturday and Monday; 25 April (Anzac Day) or where another day is substituted by a State or Territory Government, that day; 25 December (Christmas Day) or substitute;
26 December (Boxing Day) or substitute;
the relevant Queen’s Birthday observance day; the relevant Labour day or equivalent; and up to three further local public holidays observed by the Department. 4.14.2 Where: New Year’s Day or Australia Day falls on a Saturday or Sunday, the following Monday will be observed by staff as a public holiday; Christmas Day falls on a Saturday or Sunday, 27 December will be observed by staff as a public holiday; and Boxing Day falls on a Saturday or Sunday, 28 December will be observed by staff as a public holiday. 4.15 Days of cultural or religious significance
4.15.1 Where the Employee and the Secretary agree, a day that is of cultural or religious significance to the Employee may be substituted for any holiday prescribed in the above clause. 5. 5.1 5.1.1 TRAVEL ASSISTANCE Domestic travel If the Employee undertakes official travel he or she will be issued with a credit card to cover the expenses associated with his or her official travel, to be referred to as a “travel charge card”. Alternatively, the Employee may choose to use another previously issued Government credit card. The provision of travel assistance through a travel charge card is intended to ensure the Employee will not be out of pocket for reasonable costs of accommodation, meals and incidentals incurred while travelling on official business that requires overnight travel. Travel charge cards and other Government credit cards when used for travel purposes must be used strictly in accordance with the Department’s Chief Executive Instructions. The Employee will be entitled to economy class or equivalent for domestic travel. Travel at a higher class may be approved under certain circumstances in accordance with the Department’s Chief Executive Instructions. Overseas travel Employees who are required to undertake official business overseas will use a travel charge card to cover their travel related expenses and will also receive an acquittable advance of $50 per day to cover expenses where a travel charge card is not accepted. Overseas travel conditions are in associated guidelines. Airline lounge membership The Employee may have airline lounge membership approved under certain circumstances in accordance with the Department’s Chief Executive Instructions.
Where the employer does not pay for an employee’s airline lounge membership, the Employee may purchase an airline lounge membership at a discounted corporate rate negotiated with the Department’s domestic travel provider. Frequent flyer points In accordance with the Department’s Chief Executive Instructions, frequent flyer points accumulated as a result of travel on official business can only be used for official business purposes and not private purposes. Motor Vehicle Allowance The Secretary may authorise the Employee to use a private vehicle, either owned or hired, at his or her expense, for official purposes, where the Secretary considers that it will result in greater efficiency or involve less expense for the employer. Any allowance shall not exceed the amount that would have been payable to transport the Employee by the most efficient means. The Employee, if authorised accordingly, will receive a Motor Vehicle Allowance of 60 cents per kilometre. RELOCATION ASSISTANCE The Employee is entitled to assistance when relocating, either on a temporary or permanent basis, due to work requirements, in accordance with associated guidelines. OTHER CONDITIONS Employee Assistance Program The Employee may access at no cost the Department’s Employee Assistance Program (EAP) on a self-referral basis. The EAP offers a confidential, professional counselling service to assist the Employee with personal or work-related problems. Studies assistance Should the Employee meet the Department’s eligibility criteria, he/she may apply for miscellaneous leave for study purposes and for the provision of financial studies assistance. Miscellaneous leave for study purposes will be administered in accordance with associated guidelines. Jury service fees and expenses The Employee undertaking jury service will not be disadvantaged. However, if the Employee receives jurors fees while on paid miscellaneous leave to undertake jury service leave, he/she will be required to repay to the Department such amount as is reasonable having regard to: the proportion of the period of jury leave to the total period spent by the Employee attending as a juror; and any reasonable expenses incurred by the Employee while attending court as a juror.
7. 7.1 7.1.1
7.4 7.4.1 Reimbursement for loss or damage
The Employee may be reimbursed for loss or damage to clothing or personal effects where his or her supervisor considers that the loss or damage: occurred while the Employee was protecting Commonwealth property from loss or damage; was caused by a fault or defect in goods or other property belonging to the Commonwealth; resulted from an act or omission by a Commonwealth employee; or in the circumstances, may reasonably be regarded as being attributable to the performance of the Employee’s duties.
The amount to be reimbursed is the amount that the Employee’s supervisor or a manager with the appropriate personnel delegation considers to be reasonable for the loss or damage. To claim reimbursement for loss or damage, the Employee should make a written submission to his or her supervisor or a manager with the appropriate personnel delegation stating how the damage occurred, seeking reimbursement and attaching relevant receipts. Additional conditions Such terms and conditions of employment specified in Schedule B (if any) of the AWA are additional to and prevail over (to the extent of any inconsistency) the other terms and conditions of employment applying under this AWA. REDEPLOYMENT, REDUCTION & RETRENCHMENT Identification The management of potentially excess and excess employees applies to all on-going employees who are not serving a probationary period. Where 15 or more employees are likely to become excess, the Secretary will comply with the provisions of sections 660 and 668 of the WR Act. An excess employee may request assistance in meeting reasonable travel and incidental expenses incurred in seeking alternative employment where these are not met by the prospective employer and will be entitled to reasonable leave with full pay to attend necessary employment interviews. Where a separate payment would facilitate the speedy resolution of major organisational change and it can be demonstrated that special circumstances exist, the Secretary may, with the agreement of the Prime Minister, in consultation with the Minister Assisting the Prime Minister for the Public Service, make a separate financial payment in addition to and separate from the entitlements prescribed in the Redeployment, Reduction and Retrenchment provisions in this Agreement for excess employees.
8. 8.1 8.1.1 8.1.2 8.1.3
Where the Secretary becomes aware that an employee is likely to become excess or has become excess, the Secretary will advise the employee, in writing as soon as practicable of the reasons for this decision. Within 30 calendar days of notification, the Secretary will hold discussions with the Employee, and where they choose, the Employee’s nominated representative (if applicable), to consider: any measures that could be taken to remove or reduce the incidence of the Employee becoming excess; redeployment opportunities; referral to a redeployment programme; and whether voluntary retrenchment, redeployment or re-assignment of duties may be appropriate.
Where an employee has been notified that he or she is potentially excess and the Employee, or where they choose, their nominated representative has declined to participate in the consultation process, i.e. to discuss the issue, the Secretary may immediately identify the employee as excess to the requirements of the Department. Where an employee has not expressed a preference during the consultation process in relation to whether he or she prefers redeployment or voluntary retrenchment, the Secretary may identify the employee as excess to the requirements of the Department 30 calendar days after the employee was notified that he or she is potentially excess. Invitation to Express Interest In Voluntary Retirement The Secretary may, prior to the conclusion of these discussions, invite employees who are not potentially excess to express interest in voluntary retrenchment, where this would permit the redeployment of employees who are potentially excess. Redeployment and Re-Assignment of Duties Within a reasonable timeframe, the Secretary will take all reasonable steps, consistent with the interests of the efficient administration of the Department, including merit based selection, to re-assign the duties of an excess employee at the same level, within the Department, or to assist in the movement of an employee to another APS agency. The Department will consider an excess employee in isolation from and not in competition with other applicants for an advertised job in the Department at or below the Employee’s classification level for which the Employee has applied. Those employees seeking redeployment may be referred to a redeployment programme, if redeployment is not readily available within the Department. Any costs associated with this will be borne by the Department. An excess employee who declines an offer of voluntary retrenchment or does not accept the offer within the 30 day period will be immediately referred to a redeployment programme, unless the employee was referred prior to receiving the offer, and a retention period will commence in accordance with clause 8.9.3.
An employee who has been referred to a redeployment programme and who has not already been made an offer of voluntary retrenchment will be made an offer of voluntary retrenchment two months after the referral if the employee cannot be placed within the Department and redeployment is not successful. Voluntary Retirement An employee who has been advised that he or she is excess and who is not seeking redeployment will be made only one offer of voluntary retrenchment in respect of any single retrenchment situation, and will be given 30 days in which to consider the offer commencing on the day after the offer is made. Where an offer of voluntary retrenchment is accepted by the employee, the Secretary can terminate the employee’s employment under section 29 of the PS Act and give the required notice of termination of 4 weeks (or 5 weeks for an employee over 45 years of age with at least five years of continuous service). The period of notice will commence the day after the employee is notified of his or her termination of employment. Accelerated Separation The Secretary may provide employees likely to be subject to the redundancy provisions of this Agreement with an accelerated separation option. In addition to the severance benefit, this option provides employees who have been identified as eligible to be made an offer of voluntary redundancy and whose employment is terminated by the Secretary under section 29 of the PS Act on the grounds that they are excess to requirements within 14 days of receiving it, an amount of 10 weeks salary (or 11 weeks salary for an employee 45 years of age with a least five years continuous service). The payments made under this clause are inclusive of the period of consideration and any statutory entitlement to payment in lieu of notice. This option is available to employees who exit from the Department prior to the commencement of any formal consultation with employees and, where they choose, their nominated representatives, noting that at any time, the employee may nominate a representative they wish to be involved in this matter, in which case the Secretary will hold discussion with the employee and their representative. Where an employee has elected not to accept an offer under this option, the Redundancy provisions of this Agreement will then apply. Where an employee requests or where the Secretary directs an earlier termination date within the notice period, the employee’s employment will be terminated under section 29 of the PS Act on that date. Where an employee’s employment is terminated at the beginning of, or within, the notice period, the employee will receive payment in lieu of notice for the unexpired portion of the notice period on the basis of: the employee’s current ordinary hours of work; the amounts payable to the employee in respect of those hours, eg allowances and SRL; and any other payments under the employee’s contract of employment except for accruals that would have occurred had the person remained as an employee during the relevant notice period.
Where an offer of Voluntary Retrenchment has been accepted When an employee is invited to accept voluntary retrenchment, or has been notified in writing that he or she is potentially excess, he or she will be given information on the: amount of his or her severance pay, pay in lieu of notice and the balance of any annual leave and Long Service Leave credits; amount of accumulated superannuation contributions; options available to the employee concerning his or her superannuation; taxation rules applying to the various payments; access to the Department’s Career Advisory Panel; and availability of assistance up to a maximum amount of $500 for financial advice.
Severance Benefit – Recognition of Service An employee who accepts voluntary retrenchment and whose employment is terminated by the Secretary under section 29 of the PS Act on the grounds that he/she is excess to requirements is entitled to be paid a sum equal to 2 weeks salary for each completed year of continuous service, plus a pro-rata payment for completed months of service since the last completed year of service. The minimum amount payable will be 4 weeks salary and the maximum will be 48 weeks salary. Severance payments involving part-time employees will be calculated on a pro-rata basis for any period where they have worked part-time hours during their period of service and where they have less than the equivalent of 24 years full-time service. Service for severance pay purposes means: service in the Department; Government service as defined in section 10 of the Long Service Leave Act 1976; service with the Commonwealth (other than service with a joint Commonwealth- State body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes; service with the Australian Defence Forces; APS service immediately preceding deemed resignation under the repealed Section 49 of the repealed Public Service Act 1922 if the service has not previously been recognised for severance pay purposes; and service in another organisation where the employee was moved from the APS to give affect to an administrative re-arrangement; or an employee of that organisation is engaged as an APS employee as a result of an administrative rearrangement, and such service is recognised for long service leave purposes.
Service that will not count as service for severance pay purposes is any period of service which ceased through termination on the following grounds: the employee lacks, or has lost, an essential qualification for performing his or her duties; non-performance, or unsatisfactory performance, of duties; inability to perform duties because of a physical or mental incapacity; failure to satisfactorily complete an entry level training course;
failure to meet a condition of engagement imposed under subsection 22(6) of the PS Act; breach of the Code of Conduct; or any other ground prescribed by the Public Service Regulations; or on a ground equivalent to those above under the repealed Public Service Act 1922; or through voluntary retirement at or above the minimum retiring age applicable to the employee; or with the payment of a retrenchment benefit or similar payment or an employer financed retirement benefit. 8.7.6 For earlier periods of service to count as severance pay, there must be no breaks between periods of service, except where: the break in service is less than 1 month and occurs where an offer of employment with the new employer was made and accepted by the employee before ceasing employment with the preceding employer; or the earlier period of service was with the APS and ceased because the employee was deemed to have resigned from the APS on marriage under the repealed section 49 of the Public Service Act 1922.
Absences from work which do not count as service for Long Service Leave purposes will not count as service for severance pay purposes. Severance Benefit – Rate of Payment Salary for severance pay purposes will include: the employee’s substantive salary adjusted on a pro-rata basis for periods of part-time service; TPA for performance of duties at a higher classification level where the employee has been performing duties at the higher classification level for a continuous period of at least twelve months immediately prior to the date on which the employee was given notice of termination of employment; and other allowances in the nature of salary which have been paid to the employee on a regular basis and have continued to be paid during periods of annual leave, excluding allowances which are a reimbursement for expenses incurred.
Commencement of Retention Period A retention period will commence in accordance with clause 258 in relation to an employee who has sought redeployment, has declined an offer of voluntary retrenchment and has been referred to a redeployment programme prior to the offer being made. If an excess employee does not accept voluntary retrenchment, unless the Employee agrees, he/she will not be involuntarily terminated by the Secretary under section 29 of the PS Act until the 7 months retention period has lapsed.
The retention period will commence on whichever is the earlier: the day the Employee is advised in writing by the Secretary that he or she is an excess employee; or 30 days after the day on which the Secretary invites the Employee to accept voluntary retrenchment.
The retention period and the notice period may be extended by any periods of paid personal leave not exceeding six months, which is supported by medical evidence, taken in these periods. During the retention period, the Secretary: will continue to take reasonable steps to find alternative suitable employment for the excess employee; and/or may after giving 4 weeks notice to the Employee; reduce his or her classification as a means of securing alternative employment for the excess employee.
If the Employee’s classification is reduced during the retention period, the Employee will continue to be paid at his or her previous level of salary for the balance of the retention period. Where the Secretary believes there is insufficient productive work available for the excess employee during the retention period, the Secretary may, with the agreement of the excess employee, terminate the Employee’s employment under section 29 of the PS Act on the grounds that he/she is excess to requirements and pay the balance of the retention period as a lump sum amount. The lump sum payment will be taken to include payment in lieu of notice of termination. Involuntary Retrenchment
8.10.1 At the end of the retention period, the Secretary, subject to redeployment, may involuntarily retrench the excess employee under section 29 of the PS Act. 8.10.2 An excess employee will not be retrenched involuntarily where: the Employee has not been invited to accept an offer of voluntary retrenchment; or the Employee has elected to be retrenched, but the Secretary has refused approval; or the Employee has not been given 4 weeks notice of termination of employment (or 5 weeks notice for a employee over 45 years of age with at least five years continuous service), or payment in lieu of notice; or there remain employees who have elected voluntary retrenchment, been refused, and still wish voluntary retrenchment in the situation where a redundancy situation affects a number of employees engaged in the same work at the same level and location and the employees have been invited to retire; or the Employee has not consented and a vacancy exists in the Department that would permit the retention in employment of the employee (in such cases the employee would have preference in employment before an employee who is not engaged by this Department).
SETTLING DISPUTES THAT ARISE OUT OF THIS AGREEMENT If there is any issue arising between the Employee and the Department under this agreement, we will attempt to resolve it at the workplace level through the procedure outlined in Division 2 of Part 13 of the Act. TERMINATION OF EMPLOYMENT: REVIEW MECHANISM
10.1.1 In the event of termination of the Employee’s employment, his or her sole rights and remedies are those under: Division 4 of Part 12 of the WR Act; other Commonwealth laws (including the Constitution); and common law. 10.1.2 In particular, termination of employment, or a decision to terminate employment, cannot be reviewed under the procedures for resolving workplace issues, which are referred to under clause 9 of this Agreement. 10.1.3 Nothing in this Agreement prevents the Secretary from terminating the Employee’s employment without notice or payment in lieu for serious misconduct in accordance with section 611 of the WR ACT, subject to the Secretary’s procedures for determining whether the Employee has breached the Code of Conduct under section 15 of the PS Act. 11. ANTI-DISCRIMINATION
11.1.1 The Secretary and the Employee agree that: the intention is to achieve respect and value the diversity of the work force by helping to prevent and eliminate discrimination at their enterprise on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin; and any dispute concerning these provisions and their operation will be progressed initially under the procedure for resolving workplace issues in this AWA; and nothing in these provisions allows any treatment that would otherwise be prohibited by anti-discrimination provisions in applicable Commonwealth, State or Territory legislation; and nothing in these provisions prohibits: any discriminatory conduct (or conduct having a discriminatory effect) that is based on the inherent requirements of a particular position; or any discriminatory conduct (or conduct having a discriminatory effect) if: the Employee is a member of staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed; and the conduct was in good faith to avoid injury to the religious susceptibilities of that religion or creed.
SIGNED AS AN AUSTRALIAN WORKPLACE AGREEMENT
THE EMPLOYER Signed Date _____________________________________________________________ _____________________________________________________________
Name in full (printed) _____________________________________________________ Position _____________________________________________________________
Witnessed by: ___________________________________________________________ Witness name in full (printed) _______________________________________________ Witness address _________________________________________________________
THE EMPLOYEE Signed Date _____________________________________________________________ _____________________________________________________________
Name in full (printed) _____________________________________________________ Classification ___________________________________________________________ Division _____________________________________________________________
Home Address __________________________________________________________ Work Phone No. ( ) Home Phone No. ( )
Witnessed by: ___________________________________________________________ Witness name in full (printed) _______________________________________________ Witness address _________________________________________________________