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Without prejudice PROPOSED DRAFT CLAUSES AND GUIDELINES FOR

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Without prejudice PROPOSED DRAFT CLAUSES AND GUIDELINES FOR Powered By Docstoc
					                                      Without prejudice

                     PROPOSED DRAFT CLAUSES AND GUIDELINES
                   FOR INCLUSION IN PWC WORKPLACE AGREEMENT
                           (Attachment to revised offer table)

1. DRAFT CLAUSES

Professional Development Allowance

   1. The Managing Director may, subject to this clause, approve the payment of financial
      assistance to a professional classification employee (excluding finance professionals)
      to offset professional development costs.

   2. Payment of the allowance is subject to the following qualifying periods, amounts and
      conditions:

           a. 1 to 4 years of continuous service - up to $300 per annum; or

           b. 5 years or more of continuous service - up to $600 per annum;

           c. The qualifying period shall be calculated as at [insert date] each year;

           d. Payment shall be in the form of a lump sum;

           e. The allowance will not count as salary for any purpose;

           f.   The allowance will apply to part time employees on a pro rata basis based
                upon their contracted hours of employment;

           g. The allowance is subject to the production of sufficient evidence to
              substantiate the incurring of professional development costs in the preceding
              year.

   3. Subject to paragraph 2.c, the allowance will be payable on:

           a. the first pay period commencing on or after lodgement of this Agreement; and

           b. on the first period following [insert date] for each subsequent year.

   4. It is intended that for the life of this Agreement the amount of the professional
      development allowance for professional Power and Water employees remain in line
      with that provided to general professional NTPS employees. To this end, Power and
      Water agrees that any increases to the allowance provided to general professional
      NTPS employees will apply to Power and Water employees from the date on which
      the professional development allowance is next payable to Power and Water
      employees in accordance with clause 3 above.

Consolidated Disability Allowance for Technical Classification staff.

Employees in the technical classification who work in the conditions described in 50.2 for the
majority of a given pay period, will also be entitled to the Consolidated Disability Allowance.

RDO Arrangements

   1. Service Workers are entitled to the following RDO arrangements:

PWC/OCPE                                Page 1                                 31 August 2007
         a. Up to five RDOs may be “banked” by agreement between an employee and
              Power and Water, provided that an RDO must be used at an agreed time
              within three months from the date on which it was banked.
         b. RDOs will be rostered on Fridays, unless varied by mutual agreement to suit
              work scheduling or personal arrangements.
         c. Where agreement cannot be reached in relation to the timing for their use,
              employees should cash out banked RDOs at single time.
         d. RDOs do not accrue whilst an employee is on any form of paid or unpaid
              leave.
   2. RDOs will only apply to professional, administrative and technical employees where
      specifically agreed to by Power and Water, and on such terms as Power and Water
      sees fit.

EDA and LSL

An employee is not entitled to be paid extra duties allowance whilst on long service leave.
However, an employee may elect to be paid a sum equivalent to the amount of extra duty
allowance that the employee would have received if on duty, by:
    (a) converting such portion of his or her long service leave credit as reflects the amount
        of extra duty allowance, and
    (b) reducing his or her long service leave credit accordingly.

Salary Sacrificing of Electricity Charges

1. Power and Water agrees to implement salary sacrificing for electricty charges on a no-
   cost basis, provided further consideration of the matter reveals that there are no
   legislative or other impediments which render it unfeasible.

2. A small working party comprising Human Resources, Finance and other subject matter
   experts will convene within three months of lodgment of this Agreement to further
   consider the matter.

3. This working party will report its progress and outcomes through the Joint Consultative
   Committee.

4. The Joint Consultative Committee will make a recommendation in relation to the
   feasibility or otherwise of the matter to the Executive Management Committee.

Employees working at public forums outside of normal working hours.

1. The parties agree that within six months of lodgment of this Agreement Power and Water
   will develop guidelines for employees representing Power and Water at public forums or
   expos outside of normal working hours.

2. The parties agree that these guidelines will be developed by Power and Water and
   referred to the Joint Consultative Committee for review.

Flow on of NTPS Work Life Balance Initiatives

The parties acknowledge that a number of Work Life Balance initiatives are currently being
considered for implementation in the NTPS. PWC agrees that any such initiatives that are
ultimately implemented in the NTPS will be passed onto PWC employees, with effect from
that date on which they begin to apply to NTPS employees.


2. DRAFT GUIDELINES

PWC/OCPE                                Page 2                                 31 August 2007
Guidelines for Pre-eminent Professional Status

General
   1. The Managing Director may grant to an employee the status of “Pre-eminent
      Professional” for a period of one (1) year in accordance with these guidelines.

   2. The discretion of the Managing Director referred to in section1 must be exercised
      personally by the Managing Director.

   3. An employee granted the “Pre-eminent Professional” status shall be paid an amount
      equivalent to the rate of ten percent of his/her nominal salary on a lump sum basis.

   4. For the purposes of these guidelines, the following criteria must be met in order for an
      employee to be considered for “Pre-eminent Professional” status;
         a. The employee must be in the Professional classification
         b. The employee must be at the top of the Band 4 salary range
         c. The employee must be a regular participant in the MyPlan process.

   5. An employee satisfying the criteria in section 4 may submit a written application to the
      Managing Director to be considered for “Pre-eminent Professional” status.

   6. An application under section 5 shall address the relevant Key Selection Criteria in
      accordance with these guidelines.

   7. In making application, an employee shall present all material in support of his/her
      claim against the relevant Key Selection Criteria.

   8. The Managing Director has the discretion to reject any application which does not,
      prima facie, demonstrate satisfaction of the relevant Key Selection Criteria.

   9. In making a decision to reject an application the Managing Director shall, in writing,
      communicate the reasons for the decision, to the employee.

   10. Upon acceptance of an application, the Managing Director shall establish a “Peer
       Review Panel” in accordance with these guidelines.

   11. The Peer Review Panel shall carry out its functions as it deems necessary to fairly
       and equitably evaluate each application.

   12. The Peer Review Panel, after consideration of all relevant material, shall recommend
       to the Managing Director that the employee be granted, or not granted, Pre-eminent
       Professional status.

   13. The Peer Review Panel shall only make a recommendation to grant Pre-eminent
       Professional status after determining that the employee satisfies a combination of the
       Key Selection Criteria to the extent that, in the option of the Panel, the employee has
       made an outstanding contribution to warrant the granting of such status.

   14. In making a recommendation not to grant Pre-eminent Professional status, the Peer
       Review Panel shall present in writing to the Managing Director, the reasons for its
       recommendations, against the Key Selection Criteria.

   15. The Managing Director may accept or reject any recommendation made by the Peer
       Review Panel.



PWC/OCPE                                Page 3                                31 August 2007
    16. In making a recommendation to accept or reject a recommendation, the Managing
        Director shall, in writing, communicate the reasons for the decision, the employee.

Pre-application

Pre-eminent Professional status is a system of peer assessment designed to reward the
efforts of those individuals whose past and present performance is judged to be of a
standard significantly superior over and above that which is required of the job.

Such performance will be of a level that is judged to be inter alia:
   • Making an outstanding contribution to a body of knowledge and understanding in the
       individual’s professional field.
   • Outstanding in its contribution to advancing the economic and/or social interests of
       the Northern Territory and;
   • Outstanding in its contribution to the advancement of the Power and Water
       Corporation.

The scheme envisages necessarily high standards to ensure its integrity and recognition of
only those who are truly performing at a level of excellence.

Individuals who believe they may satisfy the requirements of the scheme, should discuss
their application with their Leader and the likelihood of their achieving Pre-eminent
Professional status.

Key Selection Criteria
An employee is required to demonstrate to the Peer Review Panel that he/she satisfies a
combination of the Key Selection Criteria to the extent that, in the opinion of the Panel, the
employee had made an outstanding contribution to warrant the granting of Pre-eminent
Professional status. To qualify for such status, the employee must demonstrate satisfaction
of the Key Selection Criteria for service performed during the 12 months preceding the
employees’ application.

Individuals would normally be expected to exceed the requirements of their MyPlan for
Achieving to be considered for Pre-eminent Professional status.

The employee is required to prepare his/her application against the Key Selection Criteria,
recognising that due to the nature and scope of duties undertaken by Professionals within
the Power and Water Corporation, it is unlikely that they will be able to satisfy the full list of
Key Selection Criteria.

There is no order of importance or weighting to the Key Selection Criteria in general,
however these should be considered in light of the applicants role within the organisation.

Key Selection Criteria includes;

Formal Professional Role
   • Success as nominated leader of major projects of particular significance to the
       organisation or the Northern Territory.
   • Regular requirement to act as a spokesperson for Power and Water on specialist
       issues.
   • Recognition by universities or industry bodies through honorary or other
       appointments.
   • Success in attracting substantial funding to the Northern Territory in grants for
       research.

Leadership Role


PWC/OCPE                                   Page 4                                   31 August 2007
   •   Recognition as mentor by Power and Water and informally by students at various
       levels.
   •   Frequency of consultation by other colleagues internal and external to Power and
       Water.
   •   Recognition as the ‘local’ expert in more than one significant element of organisations
       responsibilities.
   •   Takes a Leadership role within Power and Water by actively supporting the
       organisations strategic direction and encouraging peers to do so.
   •   Active supporter of Power and Water’s culture change program.

International/National Standing
    • Positions on editorial boards of peer-reviewed professional journals.
    • Elections as fellows of relevant national/international professional bodies.
    • Invitations to deliver keynote addresses at national and international industry
        workshops.
    • Substantial role in national or international research projects or professional
        committees, enquiries or the like.
    • Receipt of significant awards of fellowships completed for or evaluated at national or
        international level.

Publication Record
   • Frequency of publication in peer-reviewed journals/periodicals.
   • Frequency of invitation to contribute review of important topics or otherwise express
       views on issues of a specialist nature.
   • Measures of influence on national or international trends through citation indices or
       similar.
   • Publication of major reference or popular works on issues of national or international
       significance and interest.

Peer Review Panel
Managing Directors are required to formulate a Peer Review Panel which should be
comprised of the following individuals;

   •   Power and Water representative(s)
   •   Industry professional external to the organisation either from the public or private
       sector
   •   Executive member of the professional organisation or body representing the
       profession or discipline.


Guidelines re agreed payment structure for staff in the Band structure, acting in an
Executive Contract Manager or Officer position.

The following guidelines shall apply to those staff in the Band structure who through
succession planning have been asked to temporarily occupy a position in the Executive
Contract Manager or Officer position.

The opportunity to work in a relief capacity in an Executive role is viewed as a component of
succession planning and will be offered to those employees who have performed at an
exceptional level in their nominal position.

It is acknowledged that in some cases, the employee will not be asked to perform the full
range of functions of the Executive position either due to the nature of the position, or the
length of tenure of the temporary period.

The guidelines for payment arrangements are as follows;

PWC/OCPE                                 Page 5                                  31 August 2007
a) An employee in the Band Structure acting in an Executive Contract Manager (ECM)
   position shall be paid within the NTPS EO1-3 range, whichever level first constitutes an
   increase in remuneration compared with the employees nominal position.

b) An employee in the Band Structure acting in an Executive Contract Officer (ECO)
   position shall be paid within the NTPS EO 2-3 range, whichever level first constitutes an
   increase in remuneration compared with the employees nominal position.

c) An employee at the top of Band 4 acting in an Executive Contract Manager or Officer
   position shall be paid at the NTPS EO3 rate.

It is acknowledged that the employee acting in the Executive position may have access to
the incumbent’s privately plated vehicle as a pool car, unless the incumbent Executive officer
has sought approval to utilise the vehicle whilst on leave.

The employee acting in the Executive role may seek approval to home garage the
incumbent’s privately plated vehicle providing the relevant home garaging forms are
submitted to the appropriate delegate.

Draft document re revised scope of the Job Model Committee

Draft HCCC letter

Draft letter re timing of implementation of HV areas




PWC/OCPE                                Page 6                                31 August 2007
NTPS leave initiatives

1. 1      The parties acknowledge that employees have commitments outside the workplace
          and are committed to supporting employees achieve an appropriate balance between
          work and family/lifestyle aspects of their lives.

1.2       As employer the Northern Territory is committed to providing employees with
          flexibility to assist in balancing work and life commitments. In line with its
          commitment, the following entitlements will assist eligible employees balance work
          and life commitments:

       1.2.1     Utilisation of recreation leave at half pay;
       1.2.2     Purchase of additional leave and
       1.2.3     NTPS Extended Leave Scheme

1.3       The work life balance entitlements in this clause apply to permanent and temporary
          employees (excluding casuals) covered under this Agreement.

1.4       Chief Executive Officers may consider and approve requests from employees to
          access the employment entitlements in clause 1.2

1.5       The Chief Executive Officer when considering an application from an employee to
          access the entitlements in clause 1.2 must ensure that:

       1.5.1     The Agency’s operational requirements are met and services to the public are
                 not disrupted;
       1.5.2     employees fulfil the criteria outlined in this clause;
       1.5.3     fair and reasonable consideration is given to employee applications;
       1.5.4     proper arrangements are made to ensure that the workloads of other
                 employees are not unduly affected; and
       1.5.5     excessive overtime is not required to be performed by other employees as a
                 result of the application.

1.6       The Chief Executive Officer must provide written reasons for a decision where an
          employee’s application to access employment conditions under clause 1.2 is refused.

1.7       The Chief Executive Officer will establish departmental procedures for assessing an
          employee’s application, which must not be inconsistent with this the provisions of this
          clause.

1.8       RECREATION LEAVE HALF PAY

      1.8.1      An employee may request in writing that one or more weeks of their recreation
                 leave be converted to half pay in order to double the period of leave.

      1.8.2      An employee cannot access recreation leave at half pay whilst under a
                 purchased leave arrangement.

Procedure

      1. 8.3     An application to utilise recreation leave at half pay must be completed and
                 signed by the employee.

      1 8.4      Entitlements will accrue only for the period had those recreation leave
                 entitlements been utilised at full pay. Access to half pay recreation leave will
                 not increase the employee’s normal accrual of, and access to, entitlements.


PWC/OCPE                                    Page 7                                 31 August 2007
1. 9 PURCHASE OF ADDITIONAL LEAVE (“PURCHASED LEAVE”)

    1.9.1        A purchased leave arrangement will be in the form of a written agreement and
                 must be signed by the Chief Executive Officer and the employee.

    1.9.2 An eligible employee may with approval of the Chief Executive Officer,
          purchase between one to six weeks additional leave per year with a
          corresponding reduction in the number of working weeks.

  1.9.2 (i)      Example A – An employee who is entitled to 6 weeks recreation leave could
                purchase additional leave as follows:

       Additional 6 weeks purchased leave                  (12 weeks leave in total)
       Additional 5 weeks purchased leave                  (11 weeks leave in total)
       Additional 4 weeks purchased leave                  (10 weeks leave in total)
       Additional 3 weeks purchased leave                   (9 weeks leave in total)
       Additional 2 weeks purchased leave                   (8 weeks leave in total)
       Additional 1 week purchased leave                    (7 weeks leave in total)

  1.9.2. (ii)    Example B – An employee who is entitled to 5 weeks recreation leave could
                 purchase additional leave as follows:

       Additional 6 weeks purchased leave                  (11 weeks leave in total)
       Additional 5 weeks purchased leave                  (10 weeks leave in total)
       Additional 4 weeks purchased leave                   (9 weeks leave in total)
       Additional 3 weeks purchased leave                   (8 weeks leave in total)
       Additional 2 weeks purchased leave                   (7 weeks leave in total)
       Additional 1 week purchased leave                    (6 weeks leave in total)

    1.9.3 Under the purchased leave arrangement, the employee will purchase the leave
          through fortnightly deductions over a 12 month period, totalling an amount equal
          to the period of purchased leave to be taken.

    1.9.4 Deductions will continue during the purchased leave arrangement including any
          leave taken during the period of the purchased leave arrangement.

    1.9.5 The employee’s salary for superannuation purposes will continue to be their
          gross annual salary.

    1.9.6 Purchased leave will count as service for all purposes including accrual of leave
          and other entitlements.

    1.9.7 Purchased leave does not attract a leave loading.

    1.9.8 Purchased leave is not to be used as substitution for recreation leave, resulting
          in a carry-over and accrual of recreation leave into the following year.

    1.9.9 Employees who purchase additional leave will be required to exhaust their
          recreation leave entitlements before accessing the additional leave.

    1.9.10 Additional leave must be purchased in advance and must be used within 6
           months after payment is completed.

    1.9.11 A period shorter than 12 months for purchasing additional leave may be
           implemented with the Chief Executive Officer’s approval.


PWC/OCPE                                 Page 8                                31 August 2007
    1.9.12 Purchased leave does not affect an employee’s gross salary. Salary is defined
           in clause 1.9.29

    1.9.13 If an employee does not use the purchased leave within the period specified in
            the agreement and leave is not deferred, it will lapse and the employee will be
            reimbursed monies paid.

    1.9.14 A public holiday that falls within a period of purchased leave will extend the
           period of the leave.

    1.9.15. Prior to entering into, or ceasing, a purchased leave arrangement an employee
           must be advised to seek, at their own expense, independent advice regarding:

            1.9.15 (a) their financial situation;
            1.9.15 (b) potential impact on taxation; and
            1.9.15 (c)       potential impact on superannuation.

    1.9.16 Purchased leave must be taken in minimum periods of one week.

     Eligibility

    1.9.17 An employee (excluding a casual employee) must have completed 12 months
           continuous service to be eligible to purchase additional leave.

    1. 9.18 Eligibility to purchase leave does not provide the employee an automatic right to
            the leave.

    1.9.19 An employee cannot access recreation leave at half pay whilst under a
           purchased leave arrangement.

     Application

    1.9.20 A purchased leave application must be in writing and, as a minimum, should
           contain:

            1.9.20 (a)    details of the employee and the workplace;
            1.9.20 (b)    duration of the purchased leave arrangement;
            1. 9.20(c)    anticipated dates for the purchased leave to be taken; and
            1. 9.20 (d)    how arrangements can be accommodated in the workplace.

     Agreement

    1.9.21 A purchased leave agreement must be in writing and, as a minimum, should
           include:

           1.9.21(a)    details of the employee and the workplace;
           1.9.21 (b)   duration of the arrangement;
           1.9. 21(c)   anticipated dates for the purchased leave to be taken;
           1.9.21 (d)   a declaration that the employee has been advised to seek financial
                        and other advice regarding the arrangement, including entering into
                        or ceasing an arrangement;
           1.9.21(e)    calculations used to determine salary deductions;
           1.9.21 (f)   details of the right of return to the pre-existing employment
                        arrangement;
           1.9.21 (g)   other matters the Chief Executive Officer deems relevant to the
                        arrangement; and
           1.9.21(h)    signatures of the employee and Chief Executive Officer.

PWC/OCPE                                Page 9                                31 August 2007
    1.9.22 Each purchased leave arrangement stands alone, a further period of purchased
           leave will be subject to a new and separate application.

Cessation or deferment of purchased leave

    1.9.23 An employee may request in writing approval from the Chief Executive Officer
           to cease a purchased leave arrangement no less than four weeks prior to the
           intended cessation date

    1.9.24 Where a purchased leave arrangement ceases, the employee will be
           reimbursed a lump sum payment of monies paid within 2 months.

    1.9. 25 In exceptional circumstances an employee may apply to the Chief Executive
            Officer to defer a purchased leave arrangement for up to 3 months, extending
            the purchased leave arrangement by the period of deferral. During periods of
            deferment, the fortnightly deductions for the purchased leave cease.

    1.9.26 The Chief Executive Officer may cease or defer an employee’s purchased leave
           arrangement for up to 3 months in exceptional circumstances.

    1.9.27 In the event that a Chief Executive Officer ceases a purchased leave
           arrangement, the employee must be provided with written notice and advised of
           the reasons for cessation.

    1.9.28 A purchased leave arrangement will cease if the employee:

             1.8.28 (i) ceases employment with the Northern Territory Public Sector; or
             1.8.28(ii) moves to another agency or work area within their agency. In this
                        case, an existing purchased leave arrangement may be re-
                        negotiated with the new agency or work area.

Salary increments and entitlements

    1.9.29 “Salary” means the gross annual salary rate applicable to the employee’s
           classification. Salary does not include any payment of overtime, shift work
           penalties, restrictive duty payments, travelling allowance, incidental expenses or
           any payment of a temporary nature.

    1.9.30 The employee’s payments for purchased leave will be increased proportionately
           with salary increases generally applying to the employee during the period of
           the agreement.

    1.9. 31 Employees on a purchased leave arrangement will be paid salary related
            entitlements calculated on the employee’s gross salary.

Calculating payments for purchased leave

    1.9.32    An employee purchasing additional leave will pay an amount equal to salary
              for the additional leave over a 12 month period. Payments will be deducted
              from the employee’s gross fortnightly salary. On completion of payment, the
              employee may access the additional leave on application.

      1.9.32(i) Example

      Fred earns an annual gross salary of $47,006 or $1802.15 per fortnight.


PWC/OCPE                              Page 10                                31 August 2007
        Fred purchases an additional 4 weeks leave which equates to two fortnightly pays, ie.
        $3604.30.

        4 weeks of purchased leave                      $3604.30
        Fortnightly deductions over 26 pays             $138.80 (first pay) and $138.62 (25
        pays)

        •   Note DCIS payroll is responsible for calculating actual deductions associated with
            an application for purchased leave.

1.10    NTPS EXTENDED LEAVE SCHEME
       1.10.1   This scheme allows for 1 year of leave after the completion of 4 years work.
                Agreements will be for 5 years. Salary is reduced to 80% for 5 years to pay for
                the year of leave. The extended leave must be taken in the 5th year.
       1.10.2   An employee, with the approval of the Chief Executive Officer, may access an
                extended leave arrangement.

       1.10.3   Where an employee completes four years of service under an extended leave
                arrangement and is thereby not required to attend duty in the fifth year, the
                period of non attendance shall not constitute a break in service and shall
                count as service for all purposes.

       1.10.4   Before entering into or ceasing an extended leave arrangement employees
                must be advised to seek, at their own expense, independent advice regarding:

                1.10.4 (i) their financial situation;
                1.10.4 (ii) potential impact on taxation; and
                1.10.4 (iii) potential impact on superannuation.

Procedure

       1.10.5   An extended leave application must be in writing and, as a minimum, should
                contain:

                1.10.5 (i)     details of the employee and the workplace;
                1.10.5 (ii)    duration of the purchased leave arrangement;
                1.10.5 (iii)   anticipated dates for the purchased leave to be taken; and
                1.10.5 (iv)    how arrangements can be accommodated in the workplace.

Agreement

       1.10.6   An extended leave agreement must be in writing and, as a minimum, should
                include:

                1.10.6 (i)  details of the employee and the workplace;
                1.10.6 (ii) duration of the arrangement;
                1.10.6 (iii)anticipated dates for the extended leave to be taken;
                1.10.6 (iv) a declaration that the employee has been advised to seek financial
                            and other advice regarding the arrangements, including entering
                            into or ceasing an arrangement;
                1.10.6 (v) calculations used to determine salary deductions;
                1.10.6 (vi) details of the right of return to the pre-existing employment
                            arrangements;
                1.10.6 (Vii) other matters deemed relevant to the arrangements; and

PWC/OCPE                                   Page 11                               31 August 2007
             1.10.6 (Viii) signatures of the employee and Chief Executive Officer.

Ceasing an extended leave arrangement

    1.10.7 An extended leave agreement will cease if:

             1.10.7 (i) subject to the Chief Executive Officer’s agreement, the employee
                          provides 3 months written notice of their withdrawal from the
                          arrangement prior to completing the four year period. The
                          employee will be reimbursed a lump sum payment of monies paid
                          to that time and will not be entitled to equivalent absence from
                          duty;
             1.10.7 (ii) the employee ceases employment with the Northern Territory
                          Public Sector;
             1.10.7 (iii) the employee moves to another agency or work area within the
                          agency. In this case, an existing extended leave arrangement may
                          be renegotiated with the new agency or work area; or
             1.10.7 (iv) in exceptional circumstances if the Chief Executive Officer believes
                          the extended leave arrangement should be ceased.

    1.10.8   In the event that a Chief Executive Officer ceases an extended leave
             arrangement, the employee must be provided with written notice and advised
             of the reasons for cessation.




PWC/OCPE                              Page 12                                31 August 2007

				
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Description: Without prejudice PROPOSED DRAFT CLAUSES AND GUIDELINES FOR