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National Competition Council
Certified Agreement 2001-03
National Competition Council Certified Agreement 2001-03
PREAMBLE.............................................................................................................................................................................................4
PRINCIPLES AND OBJECTIVES UNDERLYING THE AGREEMENT ...................................................................................... 4
PART A. PURPOSE, TECHNICAL AND ADMINISTRATIVE MATTERS.............................................................6
1 PURPOSE............................................................................................................................................................................ 6
2 TITLE, APPLICATION AND COVERAGE .................................................................................................................... 6
3 OPERATION OF AGREEMENT...................................................................................................................................... 6
4 DELEGATIONS.................................................................................................................................................................. 8
5 AUSTRALIAN WORKPLACE AGREEMENTS ........................................................................................................... 8
6 PRESERVATION OF ENTITLEMENTS AND PORTABILITY OF LEAVE............................................................... 8
7 PARTICIPATIVE WORK PRACTICES .......................................................................................................................... 9
8 FREEDOM OF ASSOCIATION AND RIGHT OF ENTRY........................................................................................... 9
9 RESOLVING WORKPLACE ISSUES AND DISPUTE SETTLEMENT ...................................................................... 9
10 MISCONDUCT................................................................................................................................................................. 11
11 DEFINITIONS................................................................................................................................................................... 13
PART B STAFF DEVELOPMENT, RECOGNITION AND REMUNERATION FOR PERFORMANCE.............................. 15
12 AIM AND COMMITMENT........................................................................................................................................... 15
13 PERFORMANCE PLANNING AND DEVELOPMENT .............................................................................................. 15
14 CLASSIFICATION STRUCTURE AND PERFORMANCE-BASED ADVANCEMENT....................................... 15
15 SUPPORTED WAGES SYSTEM ................................................................................................................................... 17
16 TEMPORARY PERFORMANCE AT A HIGHER WORK VALUE........................................................................... 17
17 REMUNERATION........................................................................................................................................................... 19
18 SUPERANNUATION...................................................................................................................................................... 20
19 SALARY PACKAGING.................................................................................................................................................. 20
20 MANAGING UNDER-PERFORMANCE...................................................................................................................... 21
21 MANAGEMENT OF FITNESS FOR CONTINUED DUTY........................................................................................ 24
22 MANAGEMENT OF CASES WHERE EMPLOYEES ARE NOT QUALIFIED TO PERFORM THE DUTIES OF
THEIR POSITION (LOSS OF ESSENTIAL QUALIFICATIONS) ............................................................................. 24
PART C WORKING ENVIRONMENT............................................................................................................................................ 25
23 HOURS AND ORGANISATION OF WORK............................................................................................................... 25
24 ENGAGEMENT OF NON-ONGOING STAFF.............................................................................................................. 31
25 LEAVE............................................................................................................................................................................... 31
26 ALLOWANCES AND REIMBURSEMENTS .............................................................................................................. 39
27 DISCRIMINATION FREE WORKPLACE.................................................................................................................... 41
28 EMPLOYEE ASSISTANCE PROGRAM....................................................................................................................... 41
29 OCCUPATIONAL HEALTH AND SAFETY............................................................................................................... 41
PART D WORKPLACE ADJUSTMENT........................................................................................................................................ 43
30 MANAGEMENT OF EXCESS EMPLOYEES............................................................................................................... 43
31 APPEALS AGAINST TERMINATION OF EMPLOYMENT.................................................................................... 43
PART E PAY OUTCOMES................................................................................................................................................................ 44
32 PAY OUTCOMES ............................................................................................................................................................ 44
PART F FORMAL ACCEPTANCE OF THIS AGREEMENT...................................................................................................... 45
EMPLOYER....................................................................................................................................................................................... 45
EMPLOYEE REPRESENTATIVES................................................................................................................................................. 45
A TTACHMENT 1: NCC CLASSIFICATION STRUCTURE AND SALARY TABLE ....................................................... 46
A TTACHMENT 2: NCC SUPPORTED W AGE SYSTEM ................................................................................................ 48
A TTACHMENT 3: M ANAGEMENT OF EXCESS EMPLOYEES...................................................................................... 51
National Competition Council Certified Agreement 2001-03
National Competition Council Certified Agreement 2001-03
PREAMBLE
Since its formation in November 1995, one of the major challenges for the National Competition
Council is to facilitate implementation of the National Competition Policy (NCP) agenda agreed by
governments in April 1995 and reconfirmed by governments for a further five years in November
2000. This entails working with all governments to achieve compliance against the wide range of
reform obligations set out in the NCP agreements and assessing the reform performance of those
governments, considering applications for third party access under the Trade Practices Act, and
building greater community awareness of NCP.
Working together, the Council and Secretariat management and staff need to maintain effective
communication systems, work professionally and skilfully, and be flexible in organising the Council’s
work. Council management and staff place considerable emphasis on providing a satisfying and
rewarding working environment and encouraging high performance. This Agreement aims to further
the efficiency and effectiveness of the Council through focusing on providing a satisfying working
environment and encouragement of high performance.
Productivity improvements have occurred, and will continue to occur, as a result of enhanced
communication and information systems, through streamlining and improving processes and through
applying different technologies in the workplace. It is through productivity improvements that staff
will be able to realise improved remuneration and other conditions of employment.
PRINCIPLES AND OBJECTIVES UNDERLYING THE AGREEMENT
The shared principles and objectives for the development of this Agreement are:
a. The Agreement promotes the concept of one organisation with a common purpose: to help
raise the living standards of the Australian community by ensuring that conditions for
competition prevail throughout the economy that promote growth, innovation and
productivity.
b. The Agreement encourages high performance and achievement of individuals and teams as a
basis for recognition, remuneration and rewards.
c. Improvement in or streamlining of both collective and individual work practices and
processes are the main avenues for productivity gains. As part of this, the Agreement will
increase operational efficiencies by streamlining administrative processes and providing for
increased operational efficiencies through improved time and resource management. The
Agreement will seek to reflect productivity and administrative efficiency gains in improved
remuneration and conditions outcomes. The NCC is committed to providing improved
remuneration and conditions outcomes fairly to all staff covered by the Agreement.
d. The Agreement recognises that the employees of the National Competition Council
Secretariat are its most valuable resource and that the achievement of the organisation’s
goals depends on having skilled and professional staff. The Agreement aims to provide a
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National Competition Council Certified Agreement 2001-03
satisfying and rewarding work environment for all employees. It commits to the principle of
merit for recruitment, selection, advancement and promotion; and to resources for training
and development. It provides personal and professional development planning as a basis for
skill and career development, and as the basis for advancement through the broadbanded
NCC classification structure. The Agreement also provides flexibility in working
arrangements to allow employees to balance professional and personal responsibilities.
e. The Agreement provides a safe working environment in accordance with OH&S legislation.
f. The Agreement promotes management and employee commitment to workplace diversity,
through anti-discrimination, harassment prevention, family friendly and other employee
welfare principles and practices. The Agreement will continue the commitment to an
equitable workplace and a diverse workforce.
g. The Agreement encourages a mutually cooperative workplace culture based on consultation,
communication and participative decision making processes.
h. All changes to working arrangements or conditions flowing from this Agreement will be
agreed between the parties, as provided for throughout this Agreement.
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National Competition Council Certified Agreement 2001-03
Part A. Purpose, Technical and Administrative Matters
1 PURPOSE
1.1 The purpose of this Agreement is to set out the remuneration and conditions of employment
for those employees it covers, for its duration. The Agreement does not in any way affect
the terms and conditions of employment of employees not covered by it.
2 TITLE, APPLICATION AND COVERAGE
2.1 Title of Agreement
2.1.1 This Agreement shall be known as the National Competition Council Certified
Agreement 2001-03.
2.2 Parties Bound and Covered
2.2.1 This Agreement is made between the Treasurer and non-SES employees, other than those
covered by AWAs, employed under the Public Service Act in the National Competition
Council, under s. 170 LK of the Workplace Relations Act 1996.
2.2.2 Employees acting at SES levels will be subject to this Agreement except to the extent that it
may be inconsistent with relevant legislation, AWAs, and the binding instructions of the
National Competition Council President. Any additional entitlements of such employees will
be determined in accordance with relevant legislation, AWAs and the binding instructions of
the President.
2.2.3 Subject to clause 5.1 hereof, the employees covered by this Agreement are all non-SES
employees other than those covered by AWAs employed in the Council at the date of
certification of this Agreement and all other non-SES employees who enter employment with
the Council during the duration of this Agreement and who are not covered by AWAs.
3 OPERATION OF AGREEMENT
3.1 This Agreement will come into effect upon certification by the Australian Industrial Relations
Commission (AIRC) and will operate for the period to 1 August 2003.
3.2 This Agreement constitutes a closed agreement in settlement of all matters pertaining to the
employment of non-SES employees of the National Competition Council other than those
covered by AWAs for its duration.
3.3 For the life of the Agreement (as specified in clause 3.1), the parties agree that there will be
no further claims which would increase, directly or indirectly, labour or associated costs
except where consistent with the terms of this Agreement.
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National Competition Council Certified Agreement 2001-03
3.4 Where legislative or award changes that have a substantial effect on employees’ conditions
of employment arise during the life of this Agreement, the parties agree to confer on any
action that might be appropriate to ensure that the objectives of the Agreement continue to
be achieved.
3.5 It is agreed to commence consultations between the Council and non-SES employees of the
Council other than those covered by AWAs for a replacement Agreement no later than
three (3) months prior to the expiry date of this Agreement.
3.6 This Agreement may only be varied in accordance with s. 170 MD of the Workplace
Relations Act 1996. This section of the Act requires a valid majority of employees covered
by the Agreement to approve the variation and then certification by the AIRC before it takes
effect. The parties agree that any variation to this Agreement will be developed in
consultation with NCC staff.
3.7 This Agreement is a comprehensive agreement. It operates to the exclusion of:
(a) the Continuous Improvement in the Australian Public Service Agreement 1995-96;
(b) the Australian Public Service Award 1998 as varied from time to time; and
(c) the National Competition Council Certified Agreement 1999-2001.
3.8 Following certification of this Agreement, the National Competition Council will make an
application to the Australian Industrial Relations Commission to terminate the National
Competition Council Certified Agreement 1999-2001 in accordance with section 170MH
of the Workplace Relations Act 1996.
3.9 It is acknowledged that employment of employees covered by this Agreement will continue
to be subject to the provisions of, and regulations or instruments made under, the following
Acts where such are otherwise applicable:
?? Human Rights and Equal Opportunity Act 1986;
?? Long Service Leave (Commonwealth Employees) Act 1976 or subsequent
replacement legislation;
?? Maternity Leave (Commonwealth Employees) Act 1973;
?? Occupational Health and Safety (Commonwealth Employment) Act 1991;
?? Public Employment (Consequential and Transitional) Amendment Act 1999;
?? Public Service Act 1999;
?? Safety, Rehabilitation and Compensation Act 1988;
?? Superannuation Act 1976;
?? Superannuation Act 1990;
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National Competition Council Certified Agreement 2001-03
?? Superannuation Benefits (Supervisory Mechanisms) Act 1990;
?? Superannuation (Productivity Benefit) Act 1988; and
?? Workplace Relations Act 1996.
4 DELEGATIONS
4.1 Subject to the qualifications in clause 9, the President may delegate any or all of his powers
and functions under this Agreement, excluding this power of delegation, and may do so
subject to conditions. No such delegation shall prevent the personal exercise by the
President of a power or function so delegated.
5 AUSTRALIAN WORKPLACE AGREEMENTS
5.1 Under this Agreement, the National Competition Council may enter into AWAs with non-
SES employees otherwise covered by this Agreement.
5.2 The parties to this Agreement recognise the provisions of s. 170WG of the Workplace
Relations Act, whereby a person must not apply duress to an employer or employee in
connection with an AWA or ancillary document and whereby a person must not make a
false or misleading statement to another person with the intention of persuading the other
person to make, or not to make, an AWA.
5.3 As specified in each AWA, an AWA will either:
a. operate to the exclusion of this Certified Agreement; or
b. incorporate the terms of this Certified Agreement but prevail over those terms to the
extent of any inconsistency.
6 PRESERVATION OF ENTITLEMENTS AND PORTABILITY OF LEAVE
6.1 All entitlements accrued by National Competition Council employees by virtue of their
employment in the APS prior to the starting day of this Certified Agreement are unaffected
by this Agreement.
6.2 Accrued recreation and personal leave entitlements (however defined by the employee’s
former agency) are portable between APS agencies, Parliamentary Services and the
Australian Capital Territory Government Services in line with the Government’s policy
parameters and the Australian Capital Territory Government Service (Consequential
provisions) Act 1994. New employees recruited to the National Competition Council
directly from another APS agency, Parliamentary Services or the Australian Capital
Territory Government Services will therefore have their accrued credits of recreation leave
and personal leave recognised by the Council. Recognition of other forms of accrued leave
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National Competition Council Certified Agreement 2001-03
(except leave which is covered by legislation listed in clause 3.10 eg long service leave) will
be by negotiation between the National Competition Council and the individual employee.
Access to those credits, and future leave entitlements, will be in accordance with this
Agreement and National Competition Council practice as determined from time to time by
the President.
7 PARTICIPATIVE WORK PRACTICES
7.1 The National Competition Council is committed to consulting employees in a timely and
appropriate manner about workplace matters affecting them.
7.2 This commitment is implemented through a weekly staff meeting (comprising the President,
or his nominee, and all employees of the National Competition Council).
7.3 The staff meeting will consider, among other things, matters affecting the implementation of
this Agreement. The staff meeting may establish ad hoc or standing committees for
particular purposes.
7.4 Information from National Competition Council databases will be made available to the
meeting, as relevant and subject to appropriate privacy limitations, to facilitate consultations.
7.5 Staff members and/or their representatives (including those external to the Council such as
officials and employees of trade unions with members among staff) may attend meetings of
ad hoc or standing committees dealing with remuneration and conditions matters, including
matters arising from this Agreement. Representatives of Council staff external to the NCC
may also attend the weekly staff meeting where a NCC staff member requests their
attendance. Staff members will advise the NCC Executive Director in advance of the
meeting where they have requested the attendance of an external representative.
8 FREEDOM OF ASSOCIATION AND RIGHT OF ENTRY
8.1 Employees are free to join unions of their choice or not to join unions consistent with the
provisions under the Workplace Relations Act 1996 in respect of freedom of association
for employees. No employee will be discriminated against, or disadvantaged, with respect
to any term or condition of this Agreement, on account of membership or non-membership
of, or holding office in, a union.
8.2 The National Competition Council recognises provisions under the Workplace Relations
Act 1996 in respect of the right of entry for representatives of registered organisations.
9 RESOLVING WORKPLACE ISSUES AND DISPUTE SETTLEMENT
9.1 Principles
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National Competition Council Certified Agreement 2001-03
9.1.1 It is recognised that disagreements arising from this Agreement and from decisions affecting
employees may sometimes occur. The parties to this Agreement agree to work
co-operatively to resolve any such disagreements as far as practicable at the workplace
level by:
(a) promptly addressing those disagreements as they arise in accordance with the
procedures below;
(b) discussing those disagreements in a fair, honest and constructive way; and
(c) seeking to resolve those disagreements wherever possible without recourse to third
parties.
9.1.2 Where disagreements over matters covered by this Agreement arise, employees agree that
work will continue while the procedures outlined below are applied. In instances where a
genuine safety issue is involved, employees will not be required to work in an unsafe
environment, but will undertake suitable alternative work until the issue is resolved.
9.1.3 At all stages of the procedures outlined in clauses 9.2 and 9.3 below, employees may
choose to be accompanied or represented by a person of his or her choice (such as a staff
representative or a representative of a union). Where employees choose to be
accompanied or represented, they will inform their immediate supervisor and/or the relevant
level of management.
9.2 Procedures for Reviewing Decisions and/or Actions
9.2.1 Where local disagreements arise over decisions and/or actions affecting one or more
employees, every effort will be made to resolve the matter through discussion between the
relevant supervisor and the employee(s) concerned. In circumstances where the matter
relates to the behaviour of the supervisor and the employee considers that it would be
inappropriate to discuss the matter at that level, the employee may discuss the matter with
another supervisor.
9.2.2 Employees are expected to raise issues of concern with their supervisor as soon as
practicable. Supervisors are expected to respond as soon as possible. It is agreed that, in
general, the workplace issue will be discussed no later than two working days of the matter
being raised by the employee(s).
9.2.3 Where those discussions fail to resolve the matter, the employee(s) may refer the matter to a
more senior level of management for resolution where relevant.
9.2.4 Where the matter remains unresolved after discussions with a more senior level of
management, the employee(s) may refer the matter to the President who may appoint a
mutually agreed independent person from within or outside the National Competition
Council to assist in resolving the matter and/or to investigate the matter and make
recommendations to the President. The decision to seek the assistance of an independent
person is an option to be determined on a case by case basis with the agreement of the
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National Competition Council Certified Agreement 2001-03
employee concerned.
9.2.5 The final internal adjudicator will be the President. In reaching a decision on the matter, the
President will take account of the recommendations of the independent person where such a
person has been engaged to assist resolution of the disagreement. The President will advise
the parties to the disagreement in writing of his decision in respect of the matter and the
reasons for that decision, including (but subject to appropriate privacy safeguards) the
outcome of any investigation of the matter. The President will endeavour to resolve the
workplace issue within three months.
9.2.6 The President may delegate responsibility as the final internal adjudicator to the Executive
Director. However, the President will not so delegate this responsibility where the Executive
Director has had prior direct participation in dealing with the disagreement.
9.2.7 At any stage throughout this process either party may seek the assistance of the Employee
Assistance Program set out in clause 28.
9.2.8 Should resolution by internal processes fail, the employee may take action within the public
service employment framework, including the Public Service Act 1999 and the Public
Employment (Consequential and Transitional) Amendment Act 1999. The parties note
that the President may, subject to the complaint and the outcome of the investigation under
sub-clause 9.2.4 being recorded in writing, choose to adopt the investigation (and its
outcome) as an initial review for the purposes of the Public Service Regulations.
9.3 Dispute Settlement Procedure: Matters Arising From Certified Agreement
9.3.1 Consistent with section 170LT(8) of the Workplace Relations Act 1996, the parties agree
to the following procedures for preventing and settling disputes in relation to matters arising
under this Agreement.
(a) Employee(s) will discuss the matter with their immediate supervisor. In
circumstances where the matter may relate to the behaviour or actions of the
immediate supervisor and the employee(s) considers that it would be inappropriate
to discuss the matter at that level, the employee(s) may discuss the matter with the
next level of management.
(b) If the matter is not resolved at that level, the parties to the dispute may arrange
further discussions involving more senior levels of management, as appropriate.
(c) If the matter remains unresolved after the consultation process has been exhausted,
it is agreed that the parties to the dispute may refer the matter to a mutually agreed
independent mediator for resolution:
? ? the mediator should initially be satisfied that the persons concerned have
genuinely undertaken the steps outlined above; and
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National Competition Council Certified Agreement 2001-03
? ? should mediation prove unsuccessful, the mediator is empowered to make
recommendations to the President.
(d) The President will advise the employee(s) in writing of his decision in respect of the
matter and the reason for his decision, including the outcome of an investigation of
the matter. In reaching his decision, the President will take into account the
recommendations of the independent mediator.
(e) The President may delegate responsibility as decision maker to the Executive
Director. However, the President will not so delegate this responsibility where the
Executive Director has had prior direct participation in dealing with the dispute.
(f) Nothing in the above procedure shall preclude a supervisor referring the matter to
the appropriate supervisor in circumstances where that supervisor has been by-
passed by the employee concerned. However, the matter will not be referred to the
by-passed supervisor where the matter may relate to the behaviour or actions of the
by-passed supervisor (sub-clause 9.3.1(a) refers).
(g) If the matter is not resolved after discussions between employees and their
supervisors or more senior levels of management as set out in sub-clauses 9.3.1(a)
and 9.3.2(b), it may be notified to the AIRC. Notification may be made by an
employee (or their representative), by agreement between the employee (or their
representative) and the President of the NCC, or by the President (either on his
behalf or on behalf of an employee).
(h) Unless agreed to the contrary by the parties to the dispute, the AIRC shall, in
responding to notifications, have regard to whether the parties to the dispute have in
good faith attempted to resolve the matter consistent with sub-clauses 9.3.1(a) and
9.3.2(b) and, where relevant, independent mediation.
(i) Consistent with s. 170 LW of the Workplace Relations Act 1996, the AIRC, by
this Agreement, is empowered to settle matters in dispute over the application of this
Agreement.
10 MISCONDUCT
10.1 The President will apply procedures consistent with section 15(3) of the Public Service Act
1999 in dealing with employees who are suspected of having breached the APS Code of
Conduct.
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National Competition Council Certified Agreement 2001-03
11 DEFINITIONS
“NCC” or “the Council” means the National Competition Council.
“Agreement” means the National Competition Council Certified Agreement 2001-2003.
“AIRC” means the Australian Industrial Relations Commission.
“APS” means the Australian Public Service.
“APSLMAP” means the Australian Public Service Labour Market Adjustment Program.
“AWA” means an Australian Workplace Agreement as defined in the Workplace Relations
Act 1996.
“Consultation” means the exchange of relevant information and discussion between the
parties directly affected with the objective of contributing substantively to the decision
making process and achieving an agreed outcome.
“APS classification structure” means the 8-level classification structure approved under the
Public Service Act 1999.
“DEWRSB” means the Commonwealth Department of Employment, Workplace Relations
and Small Business.
“Employee” or “staff” means an on-going APS employee, whether full-time or part-time,
employed in the National Competition Council under and within the meaning of the Public
Service Act 1999.
“Executive Director” means the person who is appointed to fill the position of Executive
Director of the NCC Secretariat or the person who is acting in the position of Executive
Director of the NCC Secretariat.
“Family” means a person who:
?? is related by blood or by marriage;
?? has a strong affinity with the employee of the nature of a family relationship
otherwise falling within this definition;
?? who stands in a bona fide domestic or household relationship with the employee
without discrimination as to sexual preference; or
?? is a child or an adopted child of the employee, of the employee’s de facto spouse,
of the employee’s partner, of the employee’s former spouse or of the employee’s
former defacto spouse.
“NAIDOC” means National Aboriginal & Islander Day of Observance Committee.
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National Competition Council Certified Agreement 2001-03
“Parties” means the parties bound by this Agreement
“President” means the person appointed from time to time as the President of the National
Competition Council (and includes a person acting as President) who holds the same
powers as those of a Secretary of a Commonwealth Government department.
“Representative” means a person chosen by the employee to represent him or her, and
includes a union official or member, family member, colleague, friend, professional advisor,
supervisor, or employee of the Council.
“Pay or Salary” means the employee’s rate of pay (in accordance with the pay rates at
Attachment 1), which will be pay or salary for all purposes relevant to this Agreement.
Participation in salary sacrifice arrangements or the purchased leave system will not affect
the rate of pay or salary otherwise determined for purposes relevant to this Agreement.
“SES” means the Australian Public Service Senior Executive Service classification.
“Supervisor” means the Executive Director, Deputy Executive Director or a Director of the
National Competition Council.
“Union” means a “trade union” as defined in s. 4 of the Workplace Relations Act 1996.
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National Competition Council Certified Agreement 2001-03
Part B Staff Development, Recognition and Remuneration for
Performance
12 AIM AND COMMITMENT
12.1 Under this Agreement, the parties commit to encouraging high performance and achievement
as a basis for staff recognition and remuneration. The Council’s aim is to provide outcomes
which reward staff fairly, to suitably recognise and acknowledge individual and team
contributions, and to attract and retain suitably skilled and professional employees.
13 PERFORMANCE PLANNING AND DEVELOPMENT
13.1 The Council’s performance development and planning arrangements aim to foster
productivity and effectiveness through assisting and encouraging continuous improvement in
staff performance. Consistent with this objective, the NCC Performance Planning and
Development Scheme established during the life of the previous Certified Agreement is
aimed at developing staff to meet both organisational priorities and the NCC criteria for pay
point advancement, and staff members’ broader career aspirations. All staff participate in
the NCC Performance Development and Planning Scheme.
13.2 Integral to the Performance Planning and Development Scheme, the National Competition
Council aims to emphasise staff development and learning activities that:
(a) have a clear connection with the goals of the NCC and the APS broadly;
(b) have a direct link to the employee’s current work and position; or
(c) assist the future employment objectives of the staff member.
13.3 Support and resources, at levels determined by the President, will be provided so that all
staff members can access learning and development activities that provide effective
outcomes and help to ensure employees’ continuing professional development. These may
include on and off the job training, work placements and formal study.
13.4 The National Competition Council’s Study Assistance Policy applying at October 1996 will
continue for the duration of this Agreement.
14 CLASSIFICATION STRUCTURE AND PERFORMANCE-BASED
ADVANCEMENT
14.1 The classification structure for the NCC, developed during the life of the previous Certified
Agreement, comprised the 8 level APS structure (APS 1 to Executive Level 2), with one
additional pay point at both Executive Level 1 and Executive Level 2, broadbanded to two
groups: APS Level 1-6 and APS Executive Level 1-2.
14.2 This Agreement establishes a three category broadbanded structure, consistent with the
APS values relating to merit and open access values. The three broadband categories are
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National Competition Council Certified Agreement 2001-03
APS 1-4, APS 5-6 and Executive Level 1-2.
14.3 Council staff hold both a classification in the broadbanded structure and a related
classification in the 8 level APS structure. Attachment 1 shows the classification structure
applying in the NCC, including the pay points attached to each classification level. Junior
rates of pay as a percentage of the APS Class 1 equivalent adult rate apply as follows:
under 18 years 60 percent
at 18 years 70 per cent
at 19 years 81 percent
at 20 years 91 percent
14.4 The arrangements for advancement between each of the three categories in the Council’s
broadbanded structure require vacancies to be advertised and filled on the basis of a merit
selection process, against the NCC work level standards developed during the life of the
previous Certified Agreement.
14.5 Pay point advancement within each of the three broadbands is based on assessment of
performance against the NCC work level standards developed during the life of the previous
Certified Agreement. Claims for advancement are considered at least every 12 months.
There is capacity for employees to initiate accelerated advancement through the structure.
This involves either advancement by more than a single pay point or advancement within the
normal 12-month period.
14.6 Employees can advance through the broadbanded classification structure, up to the pay
point Executive Level 2.5. An employee cannot reach a pay point beyond Executive Level
2.5 through pay point advancement but may seek advancement beyond Executive Level 2.5
by negotiating an AWA. AWAs so negotiated will potentially provide for remuneration
outcomes up to section head level, on assessment by the President against APS work level
standards, including the higher level of contribution to work value by the employee.
14.7 Pay point advancement within broadbands involves staff moving through ‘hard breaks’ and
‘soft breaks’. Hard breaks are breaks between APS classifications and soft breaks are
breaks within APS classifications. Hard break advancement involves a process akin to a
merit selection exercise conducted by the NCC Executive, although without formal interview
of the staff member seeking advancement. Soft break advancement involves consideration
by the staff member’s supervisor of the staff member’s claims against the relevant NCC
work level standard.
14.8 Advancement within the NCC occurs as follows:
(i) advancement by one pay point will occur where the employee’s performance of his
or her duties and responsibilities overall is assessed as satisfactory overall against the
NCC work level standard for the relevant level;
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National Competition Council Certified Agreement 2001-03
(ii) advancement by more than one pay point may occur where the employee’s
performance of his or her duties and responsibilities is assessed as excellent overall
against the NCC work level standard for the relevant level;
(iii) if an employee’s performance is assessed as unsatisfactory overall against the NCC
work level standard for the relevant level, progression to the next pay point will not
occur on that occasion;
(iv) assessments for pay point advancement will generally occur as soon as operationally
feasible after the anniversary of the employee’s engagement, transfer (including
specified term transfer) or promotion/advancement to the position/pay point
occupied. Substantial and related periods of performance of specified tasks will be
taken into account in determining the appropriate anniversary date. Periods of
absence on leave without pay not to count as service will defer the advancement
anniversary.
14.7 Employees may seek a review by the NCC Executive of the assessment provided by their
supervisor in relation to soft break advancement. Employees may seek a review by the
President of the assessment provided by the Executive in relation to hard break
advancement
15 SUPPORTED WAGES SYSTEM
15.1 Supported pay or salary rates and conditions of employment as set out in Attachment 2 shall
apply to an employee with a disability who is eligible for consideration under the Council’s
supported wage system.
16 TEMPORARY REASSIGNMENT OF DUTIES
16.1 The parties agree that the nature of work at the NCC, the broadbanding of NCC
classifications into three categories and the opportunity for accelerated advancement linked
to performance mean there is unlikely to be significant use of temporary reassignment of
duties within the NCC. However, in cases where temporary reassignment is warranted,
remuneration outcomes will be determined as in clauses 16.2 to 16.11.
16.2 Where an employee performs a specified task at a higher classification level for a total of
four (4) weeks or more in a period of eight weeks, the employee will be paid an allowance
for the period that she or he performs the specified task equal to the difference between the
employee’s current salary and the salary of the higher classification level. The allowance
paid will relate to the entire period that the employee is undertaking the specified task. The
appropriate pay point within the range applicable to the higher classification level will be
determined by the President, having regard to previous relevant experience of the employee
and any previous pay point advancements achieved by the employee at the higher
classification level. Where only part performance of the specified task is undertaken, the
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National Competition Council Certified Agreement 2001-03
amount of the allowance will be determined by the President.
16.3 Employees will undertake the duties of a higher level position, at the request of the
President, for periods of less than four (4) weeks without payment of an allowance as
outlined in sub-clause 16.2, except in exceptional circumstances where the President directs
that an allowance be paid.
16.4 All periods of performance of a specified task will be recorded on the employee’s personal
file. Depending on the period of performance of the specified task, performance will be
relevant for the purpose of pay point advancement assessment anniversaries of employees
who are promoted as specified in clause 14, or who perform the duties of a higher
classification for substantial periods (see sub-clause 16.11).
16.5 The allowance paid for temporary reassignment of duties is treated as salary for the
purposes of determining other allowances based on salary payable during the period in
which the allowance is paid.
16.6 An employee who for a period of four (4) weeks or more performs the duties of a
classification that attracts different conditions of service will receive the conditions of service
of the classification.
16.7 An employee who is receiving an allowance reflecting reassignment of duties and is granted
paid leave for a period, or who observes a public holiday which falls within the agreed
period of reassignment of duties, will continue to receive the allowance during their absence.
16.8 Where the substantive occupant of a position is absent from his or her position for a period
expected to be of three months or more, and the duties of the position are required to be
performed, the position will be advertised within the NCC for filling for a specified period
except where the President determines otherwise.
16.9 A position that is not substantively occupied will be evaluated to ascertain if the duties are
required to be performed. Where the duties of the position are required to be performed,
that position will generally be advertised for filling for a specified period or ongoing basis as
soon as possible, and preferably no more than 3 months, after the vacancy arises.
16.10 Where an employee is required to perform the duties of a Senior Executive Service position
for a specified period, the employee’s remuneration and other conditions will be determined
by the President for the period of performance of the relevant duties.
16.11 Where an employee has reassigned to perform a specified task at a higher classification level
for a period of 12 months continuously, the employee will be assessed for pay point
advancement under clause 14 at approximately the time of the anniversary of his or her
commencement of the period of work at the higher classification level.
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National Competition Council Certified Agreement 2001-03
17 REMUNERATION
17.1 Method of Salary Payment
17.1.1 Staff will have their fortnightly net pay paid by electronic funds transfer into a financial
institution account of their choice. Additional fixed deductions may be made to financial
institutions subject to restrictions of the payroll system.
17.1.2 Staff members’ fortnightly pay will be ascertained by applying the following formula:
Fortnightly Pay = Annual Salary x 12 ÷ 313.
17.2 Salary on Commencement
17.2.1 The salary of an employee commencing with the National Competition Council will generally
be payable at the minimum of the pay scale applicable for the classification to which that
employee is appointed.
17.2.2 The President may authorise a higher commencement salary within the pay scale for that
classification where he is satisfied that the experience, qualifications and skills of the new
employee warrant payment above the minimum rate.
17.2.3 Where, at the time of engagement, an employee’s salary is set at an incorrect salary point
within the applicable salary scale, being a point below that at which it has been agreed that
the employee will be paid, the President may determine in writing the payment of the
employee’s salary at the correct salary point and any appropriate arrears adjustment will be
made.
17.3 Salary on Promotion or Transfer
17.3.1 Where an employee is promoted within the National Competition Council or from outside
the Council to a non-SES position, the employee’s salary will generally be payable at the
minimum of the salary range attached to the higher classification to which that employee is
promoted.
17.3.2 However, where the employee’s salary prior to promotion was equal to or exceeded the
minimum salary of the new classification, salary will be payable at the next highest point
within the salary range of the new classification.
17.3.3 The President may authorise a higher salary on promotion within the salary scale where he
considers that the experience, qualifications and skills of the promotee warrant payment of
salary above the minimum rate or where pay point advancement within the classification has
already occurred.
17.3.4 At the discretion of the President, an employee transferring to the NCC whose salary in their
previous agency (current salary) exceeds the rate the employee would otherwise be entitled
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National Competition Council Certified Agreement 2001-03
to under this Agreement, the employee will be maintained on their current salary until such a
time as their salary is absorbed by NCC pay increases.
17.4 Salary on Reduction
17.4.1 Where an employee transfers to a lower classification, the employee’s salary in the lower
classification will be the highest pay point in that lower classification unless otherwise
determined by the President.
18 SUPERANNUATION
18.1 As noted in clause 3.10, entitlements under the Superannuation Act 1976,
Superannuation Act 1990, Superannuation (Productivity Benefit) Act 1988 and
Superannuation Benefits (Supervisory Mechanisms) Act 1990 are not affected by this
Agreement.
18.2 The parties note that the Government has introduced legislation to establish new
arrangements providing Commonwealth civilian employees with greater choice and control
over their superannuation savings. The parties agree to consider and discuss the impact of
any such legislative changes when arrangements for the NCC are being implemented.
Subject to the Council continuing to be funded at the existing cost levels of the current
schemes and subject to changes to the relevant superannuation legislation, the Council will
not reduce the superannuation benefits available to employees who are CSS or PSS
members as a consequence of any such changes.
18.3 Contributions for staff joining the Council after the date of certification of this Agreement will
be in accordance with Government direction.
19 SALARY PACKAGING
19.1 As part of its staff remuneration arrangements, the Council offers flexible remuneration
packaging on a salary sacrifice basis to employees on the basis that it incurs no cost to the
employer and is otherwise in accordance with Government policy and with Council policy as
determined by the President from time to time.
19.2 The Council’s approach to flexible remuneration is:
(a) employees are to abide by relevant laws and Government guidelines;
(b) administration of the salary sacrifice service will be handled by a third party
(contractor) appointed by the Council;
(c) any fringe benefits tax and administrative costs incurred as a result of flexible
remuneration packaging arrangements are to be met by the employee; and
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National Competition Council Certified Agreement 2001-03
(d) employees acknowledge the need to obtain independent financial planning advice
prior to arrangements being made with the contractor.
20 MANAGING UNDER-PERFORMANCE
20.1 This Agreement envisages that any deficiencies in the performance of an employee will be
addressed, to the greatest extent possible, constructively and positively through the
Performance Planning and Development Scheme or within the context of performance
feedback either on a routine or ad hoc basis.
20.2 However, this Agreement also recognises that on rare occasions a more formal process for
managing under-performance may be required. In fairness to all employees, under-
performance issues that reach this point will be addressed promptly, with fairness, in a
consistent manner and with sensitivity.
20.3 To ensure that under-performance issues are dealt with as constructively as possible, and
that formal under-performance management is a last resort, there will be three pre-
conditions as follows that must be satisfied before formal under-performance management
under this clause can be invoked.
(i) A significant under-performance issue has been communicated to the employee by a
relevant supervisor, the Executive-Director or the President which has not been
addressed by the employee to the satisfaction of the supervisor within a period not
being less than six months.
(ii) The employee has been advised in writing by the Executive Director that his or her
performance is unsatisfactory and has had an opportunity to take remedial action.
The relevant supervisor and employee will jointly develop and implement strategies
and standards to address the under-performance. The time period for remedial
action during this stage should be agreed between the supervisor and employee and
should be no more than 8 weeks.
(iii) If, at the end of this period, the supervisor considers that the under-performance has
not been adequately addressed, the supervisor shall provide a written report setting
out where performance has not achieved the required standard.
20.4 Acknowledging the desirability of resolving matters through any formal process promptly,
while ensuring fairness, the Council’s formal under-performance process will start at this
point and have a total duration not exceeding four (4) weeks, unless otherwise agreed
between the supervisor and employee. The following procedure will apply:
(i) The supervisor will provide the employee with a written warning of the need for the
employee’s performance to improve. The warning will specify the acceptable
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National Competition Council Certified Agreement 2001-03
standard of work, how the employee’s work does not meet that standard, a work
improvement plan, and that performance will need to improve over a specified
period of four (4) weeks unless otherwise agreed. A copy of the written warning
will also be provided to the Executive Director.
(ii) During the period specified in the written warning to the employee, the supervisor
will assess the employee’s performance. At the end of the specified period, the
supervisor will prepare a written report on the employee’s performance over the
period. The employee will be given the opportunity to provide comments on the
supervisor’s report. In those circumstances where the Executive Director considers
that it would be inappropriate for a supervisor to undertake the assessment of the
employee’s performance, he or she will appoint an independent person from outside
the employee’s work area to undertake the assessment and provide the written
report. The employee may also request the Executive Director to appoint an
independent person from outside the employee’s work area to undertake the
assessment and report.
(iii) At the end of the specified period, the supervisor (or the appointed independent
person) will forward to the employee and to the Executive Director an assessment
of whether the employee has met the expected standard of performance, together
with the written report under sub-clause 20.4(ii) and any other relevant
documentation. The employee must be given the opportunity to provide comments
on the supervisor’s or independent person’s report.
(iv) If the employee has met the expected standard of performance at the end of the
specified period, no further action will be taken.
(v) If performance fails to meet the expected standard at the end of the period specified
in (i) above, the Executive Director will write to the employee asking him or her to
show cause within seven days as to why their employment should not be terminated.
(vi) The Executive Director will then decide whether to:
(a) recommend termination of employment on the grounds of non-performance
or unsatisfactory performance of duties (section 29(3)(c) of the Public
Service Act 1999), attaching all relevant documentation for consideration
by the President who shall determine the matter; or
(b) take some other action, including transfer or reduction in classification.
(1) If an employee is reduced in classification without consent, the
employee may lodge an appeal to the President within 14 days of
the notice of reduction on the ground that he or she met the
expected standard of performance and/or there was a serious defect
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in the application of the above procedure.
(2) A notice of reduction takes effect after one month unless the
employee lodges an appeal. Where an employee lodges an appeal,
the reduction takes effect on the day the appeal is dismissed or
withdrawn or one month after the notice is issued, whichever is the
later. During the course of an appeal, the employee will remain in
his or her current job.
(3) An employee who appeals against reduction must submit a
statement in support of the appeal to the President within 21 days of
the issue of the notice of reduction. Where the employee, without
due cause, fails to submit a statement within the time allowed or fails
to appear at a scheduled hearing of the appeal, the President may
dismiss the appeal.
(4) The President may deal with the matter or may appoint a person
from outside the employee's work area to hear the appeal. Where a
person from outside the employee’s work area is appointed, the
President will consider the recommendations of that person prior to
confirming or revoking the notice. The President shall not delegate
responsibility for hearing an appeal to a person who has been
directly involved in the process to date.
(5) The appeal will be finalised within 4 weeks from the date of
lodgement of the appeal supporting statement or such longer period
as the President determines.
(6) If the appeal is successful, the notice of reduction is revoked without
detriment to the employee.
(7) The procedures for resolving workplace issues and dispute
settlement set out in clause 9 are not available to an employee who
appeals against a reduction in classification under the arrangements
in sub-clauses 20.4 (vi)(b)(2-5).
(vii) Where a staff member’s employment is terminated on the grounds of unsatisfactory
performance of duties, the notice of termination will take effect:
? ? 14 days after the day on which the notice is given; or
? ? after the expiration of the period of notice required under s. 170 CM of the
Workplace Relations Act 1996, whichever is the later; or
? ? after payment of compensation instead of notice.
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20.5 An employee may receive guidance or assistance, or have representation (refer to the
definition of ‘representative’ in clause 11) at any stage of the procedure. An employee may
seek the assistance of the Employee Assistance Program set out in clause 28.
20.6 The procedure outlined in clause 20.4 is not to be used where suspected misconduct or
invalidity is the issue. For cases of suspected misconduct, action in accordance with clause
10 of this Agreement will apply. Where the issue is fitness for continued duty, clause 21 of
this Agreement will apply.
20.7 Appeal against reduction or transfer is available through the Public Service Act 1999. The
sole avenue of appeal against unfair dismissal is through the Workplace Relations Act 1996
(see clause 31).
21 MANAGEMENT OF FITNESS FOR CONTINUED DUTY
21.1 The President will manage fitness for continued duty cases consistent with subsection
29(3)(d) of the Public Service Act 1999. Where employment is terminated on the grounds
that an employee is not fit for continued duty, the notice of termination will take effect:
(i) one month after the day on which notice is given to the employee or after the
expiration of the period of notice required under s. 170 CM of the Workplace
Relations Act 1996, whichever is the later; or
(ii) after payment of compensation instead of notice;
except where the employee has consented to termination of their employment, in
which case the notice will take effect on the date specified in the notice.
22 MANAGEMENT OF CASES WHERE EMPLOYEES ARE NOT QUALIFIED TO
PERFORM THE DUTIES OF THEIR POSITION (LOSS OF ESSENTIAL
QUALIFICATIONS)
22.1 The President will manage loss of essential qualifications cases consistent with subsection
29(3)(b) of the Public Service Act 1999. Where employment is terminated on the grounds
that an employee is not qualified to perform the duties of his or her position, the notice of
termination will take effect:
?? one month after the day on which notice is given to the employee or after the
expiration of the period of notice required under s. 170 CM of the Workplace
Relations Act 1996, whichever is the later; or
?? after payment of compensation instead of notice.
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Part C Working Environment
23 HOURS AND ORGANISATION OF WORK
23.1 Principles
23.1.1 Under this Agreement, supervisors and staff have a responsibility to ensure that, within
operational requirements, the Council’s working arrangements provide for:
(i) recognition of and reward for performance based primarily on quality of performance, not
hours worked; and
(ii) fair and reasonable working patterns having due regard to attainment of the
Council’s goals and objectives, including the substantial non-discretionary work and
externally imposed timeframes, and the desirability of staff balancing professional
and personal commitments
23.1.2 Supervisors will use the NCC Workplace Diversity Statement to guide the exercise of
discretion on hours and organisation of work matters
23.1.3 Supervisors will take into account employee preferences regarding hours of attendance,
although there is an expectation of mutually agreed outcomes between supervisors and
employees in meeting operational needs.
23.1.4 Supervisors have a responsibility to minimise the extent to which staff are required to work
excessive hours. In circumstances where work pressures result in a member of staff being
required to work or being likely to work excessive hours over a significant period, the
supervisor will review workloads and priorities in consultation with the member of staff,
including appropriate strategies for addressing the situation.
23.2 Standard Hours of Work
23.2.1 The standard weekly hours of work for full-time employees are 36 hours and 45 minutes.
23.2.2 The standard day for a full-time employee is defined as 7 hours and 21 minutes between the
times of 8.30am to 12.30pm and 1.30pm to 4.51pm, Monday to Friday, within a
bandwidth of 7am to 7pm.
23.2.3 The standard core hours for attendance are 9.30am to 12.00pm and 2.00pm to 4.00pm,
Monday to Friday.
23.3 Attendance Arrangements By Agreement
23.3.1 Attendance arrangements departing from the standard hours of work may be agreed
between supervisors and employees (in a team or individual context as appropriate) having
regard to the following:
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a) standard weekly hours will be 36 hours and 45 minutes;
b) the bandwidth will be as specified in clause 23.2.2;
c) the Council is to be appropriately staffed to meet operational requirements during
the standard day (as defined in sub-clause 23.2.2);
d) core time may be varied by agreement but will not exceed 4.5 hours per day and
will not be set outside 8.30am to 5.00pm Monday to Friday;
e) supervisors are to have regard to employees’ personal and family commitments;
f) employees may not work more than 10 hours in any one day (unless the period in
excess of 10 hours is directed by a supervisor, including directed overtime in the
case of employees in classifications APS 1-6, and the direction is reasonable in the
cirumstances, or the additional period is agreed between the staff member and his
or her supervisor), nor more than five hours without a meal break of a minimum of
30 minutes;
g) the need to ensure that employees are productively employed and effectively
supervised where appropriate; and
h) any physical limitations (such as access to buildings and associated costs of
occupation, health and safety, and security considerations).
23.3.2 Supervisors can require employees to attend for duty during the standard day, although the
timing of meetings, training sessions and the like will be scheduled during and around core
hours as far as operationally practicable.
23.3.3 Supervisors have a responsibility to minimise the extent to which employees are required to
work excessive hours. In circumstances where work pressures result in an employee being
required to work or being likely to work excessive hours over a significant period, the
supervisor will review workloads and priorities in consultation with the employee, including
appropriate strategies for addressing the situation.
23.4 Flextime Scheme and Time Off In Lieu
23.4.1 The Council is committed to ensuring that excessive time worked is recognised and
appropriately managed, and that where agreed work outcomes are achieved, staff are
appropriately compensated through flextime or time off in lieu (TOIL).
23.4.2 All employees at classifications APS 1-6 may have access to a flextime scheme as follows.
(a) Actual hours of attendance are reconciled to the standard weekly hours of work
over a settlement period of four weeks. Where actual hours of attendance do
not equal the standard hours applying to the settlement period, the credit or
debit balance will be transferred to the next settlement period.
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(b) Credit carry-over for full-time employees is available up to a maximum of 36
hours 45 minutes (five days). Where, because of unavoidable operational
requirements, an employee has accumulated a credit carry-over of more than
five (5) days, supervisors may agree to additional credit carry-over providing
steps are taken to reduce the credit to five days or less by the end of the next
settlement period.
(c) Debit carry-over for full-time employees is available up to a maximum of 14
hours 42 minutes (two days). Where an employee has accumulated in excess of
the allowable debit carry-over at the end of a settlement period, the supervisor
and employee may agree to a debit carry-over of more than two days provided
steps are taken to reduce the debit to two days or less by the end of the next
settlement period. Alternatively, at the employee’s request, the excess hours
may be taken without pay and deducted from the next available pay.
(d) Credits accumulated are not able to be cashed out.
(e) Attendance credits and debits accrued prior to the date of certification of this
Agreement will carry over to the new flextime scheme.
23.4.3 Under this Agreement, TOIL is available to staff who are required to work periods of
excessive hours to meet agreed organisational objectives. The Council’s TOIL Policy,
developed following the previous Certified Agreement, constitutes the approach which the
Council takes on TOIL.
23.4.4 Employees at classifications Executive Level 1 and Executive Level 2 shall not have access
to the flextime scheme but may, with the agreement of their supervisor, have access to TOIL
where periods of excessive hours are worked according to the NCC TOIL Policy.
23.4.5 Employees at classifications APS 1-6 shall have the option of the flextime scheme (sub-
clause 23.4.2) or time in lieu in accordance with the Council’s TOIL Policy.
23.5 Absences During Agreed Core Hours
23.5.1 All absences from duty during agreed core hours must be approved by the employee’s
supervisor. Where possible, such approval should be obtained in advance of the absence.
Excluding other forms of approved leave, absences under agreed attendance arrangements
must not exceed five (5) days during a four-week period.
23.6 Attendance Arrangements for Part-Time Employees
23.6.1 The attendance arrangements for part-time employees will be agreed between the employee
and the supervisor on an individual basis.
23.6.2 The maximum credit carry-over for part-time employees who participate in the flextime
scheme (sub-clause 23.4.2) will equate to the agreed weekly hours of work. The maximum
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National Competition Council Certified Agreement 2001-03
debit carry over will equate to two-fifths of the agreed weekly hours of work.
23.7 Reversion to Standard Day
23.7.1 Supervisors may revert an employee to the hours of the standard day for a period where:
(a) it is necessary to meet essential work requirements; or
(b) it is reasonable because an employee has failed to comply with the agreed
attendance arrangements.
23.7.2 Where a supervisor reverts an employee to standard hours for the reason in 23.7.1(b), the
supervisor and the employee may agree on the circumstances under which the employee
could participate in the flextime scheme or the time in lieu arrangement again. Attendance
credits and debits accrued at the date that the employee reverts to standard hours will carry
over upon resumption of participation in the flextime scheme or time in lieu arrangement.
23.7.3 Employees at classifications APS 1-6 who do not wish to participate in the flextime scheme
specified in sub-clause 23.4.2 may opt to work standard hours of 0830 to 1230 and 1330
to 1651 Monday to Friday.
23.7.4 The Executive Director is to be informed of all reversion decisions including where
employees opt to work standard hours.
23.8 Unauthorised Absence
23.8.1 An employee is on unauthorised leave when he or she is absent from duty without the
absence being approved either in advance or subsequently. Where an employee is absent
without approval, all pay and other benefits provided under this Agreement (including
flexible attendance arrangements) will cease to be available until the employee resumes duty
or is granted approved leave. Where flexible attendance arrangements (including the
entitlement to time in lieu) no longer apply, employees will revert to standard hours as
defined in clause 23.2.
23.9 Paid Overtime
23.9.1 Paid overtime is time worked for a specific purpose by staff at or below APS level 6 salary
by prior direction outside the bandwidth (sub-clause 23.2.2), on a Saturday, Sunday or
public holiday, or in excess of 7 hours 21 minutes in any one day (pro-rata for part-time
employees). For part-time employees, overtime is work performed at the direction of a
supervisor which is not continuous with the employee’s agreed or specified hours or is
beyond the total hours over the settlement period specified for the employee.
23.9.2 With the expanded opportunities for flexible working hours by more employees available
under this Agreement, the parties agree that there will be little need for paid overtime.
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National Competition Council Certified Agreement 2001-03
23.9.3 Where overtime is to be worked, it requires the prior direction of the President, or where
circumstances do not permit prior direction, it must subsequently be approved in writing by
the President.
23.9.4 The rate of payment for all paid overtime will be time-and-a-half of the employee’s current
salary plus any allowances in the nature of salary for hours actually worked (ie there will be
no minimum period for which overtime will be paid). Overtime worked on Sundays and
public holidays will be paid at double time for hours actually worked. Where overtime is not
continuous with hours of ordinary work, payment for each separate overtime attendance will
be for a minimum of two hours at double time.
23.9.5 A meal allowance of $16.20 will be paid to employees on overtime where:
(a) the employee commenced overtime at 6.00am or earlier;
(b) the employee worked a minimum of 5 hours overtime including the period 12 noon
to 2.00pm;
(c) the employee worked a minimum of 2 hours overtime and ceased overtime at
8.00pm or later; or
(d) the employee worked a minimum of 2 hours overtime and was at work at 12
midnight.
23.9.6 Where an employee works overtime, he or she will be entitled to an 8 hour break plus
reasonable travelling time before re-commencing work without incurring any loss of pay or
be paid at the multiplier of time and one half worked for the next period of work.
23.9.7 Where an employee, other than an APS Executive Level employee, is called into work to
meet an emergency outside the bandwidth specified in sub-clause 23.2.2, he or she shall be
paid for the period of work and any time necessarily spent in travelling to and from the
workplace at double time, with a minimum payment of two hours at double time.
23.9.8 As an alternative to paid overtime, an employee eligible for paid overtime may choose time-
off-in-lieu at the rate of two hours for each hour of directed overtime worked.
23.9.9 If TOIL cannot be taken within four weeks, the employee is entitled to salary payment for
overtime worked at the standard overtime rate of two hours for each hour of directed
overtime worked.
23.9.10 The hourly rate for overtime payment will be ascertained by applying the following formula:
A n n u a l_ Salary 6 3
? ?
3 1 3 3 8 2
23.10 Permanent Part-Time Employment
23.10.1 Permanent part-time employment (PPTE) provides a flexible employment option for
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National Competition Council Certified Agreement 2001-03
employees and a valuable mechanism for matching employee levels to workloads for the
Council.
23.10.2 Consistent with an overall objective of encouraging flexibility:
a) PPTE may be requested by any employee covered by this Agreement;
b) employees will not be required to convert to part-time hours without their
agreement;
c) the Council may engage employees on a part-time basis where the duties to be
performed do not justify full-time employment or where there are difficulties
attracting full-time staff to perform the required duties; and
d) proposals for PPTE initiated by employees will be considered taking account of
both the personal requirements of the employee and the Council’s operational
requirements.
23.10.3PPTE is defined as a person regularly working less than 147 hours per four week settlement
period by prior arrangement.
23.10.4Remuneration and conditions will be calculated on a pro-rata basis other than allowances of
a reimbursement nature which will be paid as for all other employees and the lump sum
bonus paid in recognition of the efficiencies under this Agreement which will be paid in to
part-time employees at the full-time rate.
23.10.5Employees may make a written request to work on a part-time basis for a finite period. The
President may agree to the request subject to satisfying operational need and management of
any residual workload. The pattern of hours of duty will be agreed between the employee
and their supervisor.
23.10.6A part-time employee who was previously full-time may revert to full-time at any time.
23.10.7Employees engaged under management initiated part-time employment may apply to the
President to convert to full-time employment.
23.10.8Employees returning directly from maternity or parental leave will have access to part-time
employment upon application. This will be reviewed after the child’s second birthday, or in
the case of an adopted child on the second anniversary of the placement of the child.
23.10.9No quota shall apply in respect of PPTE in the National Competition Council.
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23.11 Job Sharing
23.11.1The Council may approve job sharing arrangements subject to operational circumstances
and the basis of the employees’ application. Working arrangements will be settled between
the President and the applicant employees.
23.12 Home-Based Work
23.12.1The National Competition Council acknowledges that there may be some (but limited)
opportunities for home based work. The need for, and the arrangements governing home
based work, will be assessed on a case by case basis through consultation between the
employee and the President.
23.12.2Working conditions for employees working from home who are covered by this Agreement
will be no less favourable than those applying at the date of certification of this Agreement.
24 ENGAGEMENT OF NON-ONGOING STAFF
24.1 The National Competition Council may engage non-ongoing staff to enable the Council to
meet periods of high workload or when there is insufficient expertise or resources within the
Council. Unless otherwise specified in the contract of engagement, the remuneration and
conditions for non-ongoing employees shall be those set out in this Agreement and will
comply with the requirements of the Public Service Act 1999 regarding engagement of
employees.
25 LEAVE
25.1 Within the Council, there are three categories of leave which accrue generally (ie excluding
maternity and long service leave). These are recreation leave (including the capacity for
additional purchased leave), personal leave and miscellaneous leave.
25.2 Recreation Leave
25.2.1 Full time ongoing employees are entitled to 147 hours recreation leave for each year of
service. Full-time ongoing employees will be credited with 36.75 hours recreation leave on
1 January, 1 April, 1 July and 1 October each year. Pro rata adjustments will be made for
new ongoing employees (after at least 30 calendar days service), part-time workers and for
periods of leave without pay not to count as service (where the period of leave not to count
as service exceeds 30 days in the accrual year).
25.2.2 Recreation leave is available to be taken at the dates it accrues, subject to the prior approval
of the employee’s supervisor. Recognising the importance of an adequate break from work,
supervisors will, wherever possible taking into account organisational requirements, agree to
staff requests for recreation leave taken at the dates requested.
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25.2.3 Recreation leave cannot be anticipated, ie it is not possible for a staff member to take leave
which has not actually accrued. Recreation leave will not be granted for periods of less than
one day. Staff are expected to cover short absences within flexible attendance
arrangements.
25.2.4 In exceptional circumstances, the President may recall an employee to duty during a period
of approved recreation leave. Where an employee is recalled from approved leave, an
amount of leave equivalent to the period of approved recreation leave for which the
employee is recalled to duty will be re-credited to the employee. Where leave is cancelled
without reasonable notice, the employee (and, where necessary, the employee’s family) will
be entitled to reimbursement of reasonable travel costs and incidental expenses not
otherwise recoverable from insurance or other sources.
25.2.5 Employees recruited directly from another APS agency staffed under the Public Service
Act 1999, Parliamentary Services and the ACT Government Service will have all accrued
credits of recreation leave recognised, and leave credits will be pro rated to align with the
accrual date in this Agreement.
25.2.6 Credits will be paid out on separation from the APS, including any pro rata amounts
accumulated since the last credit, less adjustments as appropriate for periods not to count as
service.
25.2.7 Credits will be paid out on the death on an employee calculated as if the employee had
separated from the Council otherwise than by death on the date on which the death
occurred or is presumed to have occurred. Payments will be made to the dependants of the
former employee or the former employee’s legal representative. Where payment is not
made within 12 months of the employee’ death, it will be made to the legal representative.
25.2.8 All unused recreation leave credits will accumulate, with no limit on the accumulation of
credits by staff. However, supervisors and staff will work actively towards avoiding
excessive accumulation of recreation leave credits in recognition of the benefit to be gained
by employees from regular periods of recreation leave.
25.2.9 For part-time employees, where an annual leave credit accrued in a year provides less than
the amount of annual leave available to an equivalent full-time employee, the employee may
elect to take the balance of the period of leave available to an equivalent full-time employee
as leave without pay. Leave without pay in this instance will count as service for all
purposes.
25.3 Employee Funded (Purchased) Extra Leave (48/52)
25.3.1 The following procedures will be the basis for a purchased leave system for the National
Competition Council. Purchased leave is where employees have period(s) of one, two,
three or four weeks of leave each year in excess of the entitlements they would otherwise
32
National Competition Council Certified Agreement 2001-03
have and which is funded by salary deductions spread evenly over the year. This allows
employees to continue to receive pay during the period(s) of leave.
(a) Employees may apply for up to four weeks purchased leave each year.
(b) Purchased leave must be applied for in units of one week and when
approved, may be accessed in units of one day or more. Employees may
apply on the following basis;
Entry date No of weeks available
1 January 1, 2, 3 or 4
1 April 1, 2 or 3
1 July 1 or 2
1 October 1
(c) Purchased leave must be utilised in the calendar year in which it is
purchased.
(d) Applications for purchased leave must be made each year by the dates set
out in sub-clause 25.3.1(b). Approval of purchased leave will be based on
operational requirements and can, in exceptional circumstances, be
rescinded by the President to meet operational needs of the Council,
following consultation with the employee. Where rescinded, the amounts
deducted to that time will be reimbursed as a lump sum as soon as possible
and within the next two pay periods and future deductions cancelled, unless
it is agreed that the previously approved purchased leave can be taken at
alternative times prior to the conclusion of the calendar year.
(e) Purchased leave will count as service for all purposes.
(f) Purchased leave and resulting pay arrangements will be based on the
employee’s average daily hours (that is, 7 hours 21 minutes for full time
employees) made at the employee’s rate of salary. If an employee receives
a pay increase, is promoted or permanently transferred on reduction,
deductions will increase or decrease accordingly.
(g) Where an employee requests cancellation of the purchased leave
arrangement before the leave has been taken due to exceptional
circumstances, and this is agreed to by the President, a refund of the pay
deductions made will be paid as a lump sum as soon as possible and within
the next two pay periods. Where an employee ceases paid employment
during the year in which the purchased leave has been approved, their final
payment will be adjusted to take account of deductions not yet made for
purchased leave taken or of deductions made for leave not yet taken.
Where an employee leaves the National Competition Council, he or she
may elect to have outstanding deductions treated as an overpayment of
salary, or offset against recreation or long service leave credits.
25.4 Personal Leave
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National Competition Council Certified Agreement 2001-03
25.4.1 Employees can accrue personal leave to cover absences due to personal sickness, or on a
short term or emergency basis, to care for a family member or in the event of bereavement
of a family member. Alternatively, employees can use flexible working arrangements to
cover such absences.
25.4.2 147 hours full-pay personal leave will be credited on 1 January each year for full-time
ongoing employees. Pro rata adjustments will be made for new employees, part-time
workers and for periods of leave without pay not to count as service. Leave credits will be
maintained in hours and minutes.
25.4.3 All unused personal leave credits will accumulate.
25.4.4 Sick leave credits accumulated prior to the certification of this Agreement will be maintained.
25.4.5 Employees employed for part of a year will accrue personal leave at a pro rata rate from the
date of their commencement of employment with the National Competition Council. The
pro rata period will be from the date of commencement until 31 December of that year.
25.4.6 Employees recruited directly from another APS agency staffed under the Public Service
Act 1999, Parliamentary Services and the ACT Government Service will have all accrued
credits of personal leave recognised, and personal leave credits will be pro rated to align
with the accrual date in this Agreement.
25.4.7 Certificates from recognised medical practitioners and other practitioners such as
naturopaths are to be produced for personal leave absences exceeding three consecutive
days and caused by medical incapacity, and for any absences which, together with previous
absences on medical grounds in the same calendar year, exceed five days in total.
Supporting information for a claim for personal leave to care for a family member may be
requested at any time, including certificates from recognised medical practitioners.
Certificates from recognised medical practitioners for such absences will not be requested
without prior notice.
25.4.8 Accrued personal leave credits will not be paid out on separation from the National
Competition Council.
25.4.9 An employee who is sick for one day or longer whilst on recreation leave or long service
leave and who produces satisfactory evidence (see sub-clause 25.4.7) may apply for
personal leave to be approved for that period instead of the recreation or long service leave
previously approved. Recreation leave or long service leave will be re-credited to the extent
of the number of full days of personal leave granted.
25.4.10Where an employee’s entitlement to paid personal leave is exhausted, the President may
approve additional leave as unpaid leave or half pay leave if the employee is sick. The
President will determine whether unpaid leave counts as service.
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National Competition Council Certified Agreement 2001-03
25.4.11An employee will not be entitled to paid personal leave while also entitled to paid leave
under the Maternity Leave (Commonwealth Employees) Act 1973.
25.4.12 Where an employee takes leave without pay not to count as service, personal leave credits
will be adjusted on a pro rata basis.
25.4.13 Employees in receipt of employee’s compensation for more than 45 weeks will cease to
accrue personal leave. Employees who are on a graduated return to work program and
who have received compensation for a total of 45 weeks will accrue personal leave credits
on a pro rata basis for hours actually worked.
25.4.14Where an employee is on sick leave for a continuous period of four weeks, or for a total of
13 weeks in any 26 week period, or they present a medical practitioner’s report stating that
they are unfit for duty and the prognosis is unfavourable, the President may direct the
employee to attend a health assessment by a medical practitioner or specialist approved by
the President. Such attendance shall be at the expense of the NCC. The medical
practitioner or specialist who provides the health assessment under this sub-clause shall not
be the person or practice who provides treatment to the employee for the illness or injury in
question.
25.4.15The medical practitioner or specialist will report to the President on the health of the
employee, and the measures, if any, that would need to be taken to ensure that the
employee remains at or returns to work as soon as possible. The report should include
advice of what action, if any, the President might take, including redeployment, to achieve a
return to work, the reasons for the conclusion reached and any further comments.
25.5 Miscellaneous Leave
25.5.1 The President may approve other leave, either with or without pay, for any purpose which
the President considers to be in the interest of the Council and/or the Commonwealth.
Leave granted with pay and leave granted without pay with a cumulative total of 30 calendar
days or less in any one calendar year will count as service for all purposes. Leave granted
without pay exceeding a cumulative total of 30 calendar days in any calendar year will not
count as service, unless otherwise determined by the Council.
25.5.2 The types of purposes for which miscellaneous leave may be taken include:
(a) for bereavement (additional to that provided for in clause 25.4);
(b) to meet obligations in an emergency as a member of an Emergency Service;
(c) to carry out full-time specified defence service;
(d) to carry out defence training or activities related to enlistment in the Defence
Force Reserves;
(e) to undertake a course of study which has relevance to the work of the
Council, including for an employee to attend his or her graduation ceremony;
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National Competition Council Certified Agreement 2001-03
(f) to deal with the effects of a disaster significantly affecting the employee
(additional to leave provided for in clause 25.4);
(g) to accompany a partner on a temporary posting;
(h) to engage in employment in the interest of the Council, including outside the
APS;
(i) to engage in employment in not-for-profit organisations;
(j) to prepare or give evidence on behalf of the Commonwealth;
(k) for jury service;
(l) to attend as an accredited official or competitor for Australia in an approved
international sporting event;
(m) NAIDOC;
(n) to an employee of Aboriginal or Torres Strait Islander descent for
ceremonial purposes;
(o) for parental leave (including for adopted children) in addition to the
arrangements specified in clause 25.7;
(p) for carer commitments (as leave without pay where relevant Personal Leave
credits have been exhausted);
(q) to attend workplace relations courses provided such courses contribute to a
better understanding of workplace relations issues;
(r) to attend industrial proceedings associated with this Agreement; and
(s) other purposes where other types of leave have been exhausted.
The parties agree that, where Council policies or practices already exist in relation to the
above areas, the continuing arrangements will be no less favourable to the employee than
those applying in those policies at the date of certification of this Agreement.
25.5.3 With respect for leave granted to attend jury service.
(a) Where payment for jury service is less than the employee would have received in
respect of the ordinary time he or she would otherwise have worked, the President
will reimburse the employee:
- the difference for the period of service; and
- any reasonable expenses incurred by the employee while attending court to
serve as a juror and not otherwise reimbursed to the employee.
(b) An employee shall notify his or her supervisor as soon as possible of the date he or
she is required to attend jury service and provide proof of attendance, the duration
of attendance and the amount received for jury service.
(c) Leave for jury service will count as service for all purposes.
25.5.4 Where an employee is granted miscellaneous leave without pay, the President will determine
whether the period of leave without pay counts as service for purposes of recreation and
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National Competition Council Certified Agreement 2001-03
personal leave entitlements and the timing of eligibility for pay point advancement. Whether
the period of leave without pay counts as service for purposes of superannuation and long
service leave will be decided in accordance with the relevant Commonwealth laws.
25.6 Maternity Leave
25.6.1 Employees are entitled to the provisions of the Maternity Leave (Commonwealth
Employees) Act 1976.
25.7 Parental Leave
25.7.1 Employees are entitled to leave of absence without pay for a maximum of 52 weeks for the
purpose of enabling the employee to care for their new child. The leave is to be taken
during a period of 66 weeks commencing on the day of the birth of a child of the employee,
or in the case of an adopted child on the day on which the employee assumes responsibility
for the child.
25.7.2 Interaction with maternity leave: in aggregate, the maximum leave without pay for maternity
(not including the period of required absence (12 weeks)) and parental leave will not exceed
40 weeks.
25.7.3 Where an employee whose partner is also an employee is granted parental leave, the
maximum period which may be granted to the employee will be 66 weeks based on the sum
of the following periods of:
(a) leave granted to the employee by virtue of this clause;
(b) leave granted to the partner of the employee by virtue of this clause; and
(c) leave without pay granted under the maternity leave provisions (but not
including the period of required absence where this has been granted
without pay).
25.7.4 A period of parental leave does not count as service for any purpose.
25.8 Public Holidays
25.8.1 Employees will observe the following public holidays and be paid salary as if that day were
not a public holiday:
(a) 1 January (New Year’s Day) or, if that day falls on a Saturday or Sunday,
the following Monday;
(b) 26 January (Australia Day) or, if that day falls on a Saturday or Sunday, the
following Monday;
(c) Good Friday and the following Saturday and Monday;
(d) 25 April (Anzac Day) or substitute;
(e) the day observed to celebrate the anniversary of the birth of the Sovereign;
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National Competition Council Certified Agreement 2001-03
(f) the day variously called Eight Hour Day, Labour Day or May Day as
proclaimed by State and Territory governments;
(g) 25 December (Christmas Day) or, if that day falls on a Saturday or Sunday,
27 December; and
(h) 26 December (Boxing Day) or, if that day falls on a Saturday or Sunday, 28
December.
25.8.2 An additional day will be observed between Christmas Day and New Year’s Day, as
notified by the Department of Employment, Workplace Relations and Small Business.
25.8.3 The President may approve the observation by employees of up to two (2) additional local
public holiday(s) each year as gazetted by the Victorian Government. For Council
employees, one of these is the day observed as Melbourne Cup Day.
25.8.4 An employee and the President may agree to substitute any holiday prescribed in this clause
for a cultural or religious day of significance for the employee.
25.8.5 Public holidays during recreation leave or personal leave are not deducted from recreation
leave credits or personal leave credits.
25.8.6 No payment is made for public holidays occurring during leave without pay.
25.8.7 Public holidays occurring during long service leave are regarded as part of, and not
additional to, long service leave.
25.8.8 Part-time employees will observe only those public holidays which fall on their designated
days of work.
25.9 Additional Leave over the Christmas-New Year Period
25.9.1 In partial compensation for productivity improvements achieved under this Agreement, it is
agreed that all employees will be entitled to an additional two days leave between Christmas
Day and New Year’s Day. If particular employees are required to attend for duty during
those two days to attend to urgent work requirements as agreed with their supervisor, they
will be entitled to an extra two days leave as soon as work commitments allow.
25.9.2 An employee who is medically unfit for duty for one day or longer while on leave during the
designated two days between Christmas Day and New Year’s Day and who produces a
satisfactory medical certificate may apply for personal leave and have that leave granted
under clause 25.4
25.10 Salary Prepayment for Approved Recreation Leave and Long Service Leave
25.10.1Prepayment of salary for approved recreation and long service leave for periods of 10 days
or more will be available on request.
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National Competition Council Certified Agreement 2001-03
26 ALLOWANCES AND REIMBURSEMENTS
26.1 Travel
26.1.1 Travel (including reconciliation of expenditure and GST) is a significant component of the
NCC’s budget. Under this Agreement, the NCC’s approach to meeting expenses
associated with approved travel on NCC business will:
?? be based on reasonableness, flexibility and trust;
?? place accountability for determining travel arrangements with the staff member travelling
and the relevant section head;
?? be based on the provision of a professional travel agency service to the NCC;
?? eliminate the use of pre-paid entitlements (subject to the qualification in sub-clause
26.1.10); and
?? provide for official travel debit cards as the normal mechanism for paying fares and
travel related expenses.
26.1.2 All NCC staff must obtain approval for travel prior to travelling. Approval will normally be
obtained from section heads who are delegated to approve expenditure for travel. No one
may approve their own official travel.
26.1.3 All NCC staff who expect to incur expenses while on approved travel will be issued with a
debit card for the period of travel. The debit card must be returned by the staff member
travelling immediately upon their return to the office following completion of travel. Lost or
stolen cards must be notified immediately.
26.1.4 The travel debit card is available to meet transport, food (including tips) and accommodation
costs only, and should be used, wherever possible, to meet these expenses. The purchase
of alcohol is not a legitimate expense.
26.1.5 Staff are not permitted to use the debit card to obtain cash from ATMs. Staff travelling will
be reimbursed for any self-paid travel expenses upon return to work upon provision of
receipts or a statement of expenses incurred.
26.1.6 Staff travelling will be provided with a mobile telephone or phone card for the period of
travel where they request this. The mobile telephone or phone card is to be used primarily
for work purposes, although reasonable responsible personal usage is permitted. The
telephone or phone card must be returned by the staff member travelling immediately upon
their return to the office following completion of travel.
26.1.7 Apart from air travel where economy class is the standard used by staff travelling on official
business, decisions as to the standard of facilities used while on approved travel are to be
made by the staff member travelling. In determining whether travel expenses (ie
accommodation, transport, meals) are reasonable, staff and persons approving travel
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National Competition Council Certified Agreement 2001-03
arrangements should consider the purpose and circumstances of the trip. Recognising
corporate governance objectives, staff travelling will be encouraged to choose travel and
accommodation arrangements which provide the cheapest option of acceptable standard.
26.1.8 No pre-payment of a travel entitlement will be paid to the staff member travelling by the
NCC and staff will not be expected to reconcile actual expenses against an entitlement post
travel. However, staff will be expected to reconcile expenditure incurred on official travel
against monthly debit card statements.
26.1.9 The NCC will continue to provide airline club and frequent flyer memberships for staff who
expect to travel four or more times annually. Frequent flyer points earned from official travel
must be used only for work purposes.
26.1.10While normal travel expenses will be expected to be met by using the debit card or be
reimbursed upon return to the office thus eliminating pre-payment of a travel entitlement,
there is capacity for staff to obtain funding in advance for anticipated legitimate travel
expenses in exceptional circumstances.
26.1.11Staff must seek prior approval from the person delegated to approve travel arrangements
for expenditure associated with official travel which they consider may fall outside these
principles.
26.1.12Under this Agreement, the parties commit to developing the detail of the NCC travel policy
incorporating the above principles during the period of the Agreement.
26.2 Motor Vehicle Allowance
The President may authorise an employee to use a private motor vehicle for official purposes.
Where such permission is granted employees will be reimbursed reasonable expenses as
advised by DEWRSB from time to time. In the event that DEWRSB rates cease to be
available, alternative arrangements for updating Motor Vehicle Allowance rates will be
implemented following consideration by NCC staff through the NCC staff meeting (see
clause 7).
26.2.2 Rates of allowance will be varied in accordance with DEWRSB advices. Notwithstanding
this, where an employee can demonstrate that the allowance payable is insufficient to meet
reasonable expenses incurred in the official use of their vehicle, the President may approve
the payment of an additional allowance.
26.2.3 No additional allowance is payable should a person whose conveyance costs would
otherwise have been met by the Council accompany the employee in his/her private vehicle.
26.3 Relocation Conditions
26.3.1 Where an employee relocates from one locality to another upon promotion, engagement, or
transfer to the Council or temporary assignments in excess of 12 months with the Council,
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National Competition Council Certified Agreement 2001-03
the Council will pay an amount towards funding the relocation as determined by the
President. The President will have regard to the provisions contained in APS Determination
1998/5 as amended in relation to the payment of relocation allowance.
26.4 Other Reimbursements and Allowances
26.4.1 The President may authorise the payment of an allowance, the access to a condition of
service, or the reimbursement of an expense reasonably and unavoidably incurred in carrying
out the National Competition Council’s functions to an employee covered by this
Agreement.
26.5 Loss, Damage and Indemnity
26.5.1 The President may approve reimbursement to an employee for loss or damage to clothing or
personal effects which occurred in the course of the employee's work.
27 DISCRIMINATION FREE WORKPLACE
27.1 The parties agree to actively promote a discrimination free workplace, in particular through
the measures provided in the NCC Workplace Diversity Program (provided in the NCC
Policy Manual).
28 EMPLOYEE ASSISTANCE PROGRAM
28.1 All employees covered by this Agreement and their families will have access to the National
Competition Council’s Employee Assistance Program for personal or work related
problems, in accordance with Council guidelines.
29 OCCUPATIONAL HEALTH AND SAFETY
29.1 Occupational Health and Safety Commitment
29.1.1 The parties agree to actively create and maintain a safe and healthy work environment.
29.1.2 The NCC will inform all NCC employees as soon as possible about any health and safety
concerns of which it becomes aware.
29.1.3 Upon request, the NCC will provide advice to a health and safety representative (elected
under s. 25 of the Occupational Health and Safety (Commonwealth Employment) Act
1991) regarding the airconditioning system relevant to the health and safety representative’s
designated work group, including access to maintenance records and operational manuals to
which the Council has access.
- Where the Council is a tenant in a building not owned or controlled by the
41
National Competition Council Certified Agreement 2001-03
Commonwealth, the Council will request that the landlord allow the health and safety
representative to have access to maintenance records and operational manuals,
within a reasonable time.
- Where the Council is a tenant in a building not owned or controlled by the
Commonwealth, the Council will request that the landlord allow the health and safety
representative to have access to information regarding air quality and thermal
comfort, including workplace indoor air temperature and humidity, within a
reasonable time.
29.2 First Aid Officer
29.2.1 The Council will appoint an employee as a first aid officer where the employee possesses a
recognised first aid certificate and continuing ability commensurate with that qualification.
The Council will fund first aid training for an employee who volunteers to undertake such
training, when there is an operational need for the employee to undertake that training.
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National Competition Council Certified Agreement 2001-03
Part D Workplace Adjustment
30 MANAGEMENT OF EXCESS EMPLOYEES
30.1 The provisions referring to the management of excess employees set out in Attachment 3 of
this Agreement will apply to employees covered by this Agreement.
31 APPEALS AGAINST TERMINATION OF EMPLOYMENT
31.1 The only avenue of external appeal for employees against termination of employment shall
be through the unfair dismissal provisions of the Workplace Relations Act 1996 - Part
VIA, Division 3. In particular, termination of, or a decision to terminate employment, cannot
be reviewed under the review of actions/dispute avoidance and settlement procedures in
clause 9. Nothing in this Agreement prevents the President from terminating an employee
without notice for serious misconduct in accordance with subsection 170CM(7) of the
Workplace Relations Act 1996.
31.2 In relation to actions other than for termination of employment, sub-clause 31.1 does not
preclude employees and their families from accessing alternative review mechanisms such as
the Human Rights and Equal Opportunity Commission or the common law jurisdiction of the
courts.
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National Competition Council Certified Agreement 2001-03
Part E Pay Outcomes
32 PAY OUTCOMES
32.1 Upon certification, all pay points in the NCC classification structure will be increased by 5
per cent such that employees covered by this Agreement on pay as at the date of
certification of this Agreement will receive a pay increase of 5 per cent from the first full pay
period commencing after certification of this Agreement. Employees joining the Council after
that date will be paid at the relevant pay point so increased.
32.2 Upon certification, all employees covered by this Agreement on pay as at the date of
certification of this Agreement will receive a lump sum bonus of $2000, without reference to
the classification of the employee. The bonus will be paid as soon as it is possible to do so
after the certification of the Agreement. Permanent part-time employees will be paid the
bonus at the full-time rate. The bonus will not count as pay or salary for any purpose.
32.3 Employees covered by this Agreement on pay at 1 September 2001 will receive a further
pay increase of 3 per cent from the first full pay period commencing after 1 September
2001. Employees joining the National Competition Council after 1 September 2001 will be
paid at the relevant pay point so increased.
32.4 There will be a pay review during July 2002. This review will consider the quantum of a
further pay increase for staff covered by this Agreement, based on the budgetary position of
the Council at 30 June 2002 (so taking account of the effect of measures to improve
productivity). Arising from this review, employees on pay at 1 July 2002 will receive an
increase of a minimum of 3 per cent from the first full pay period commencing after 1 July
2002. It is agreed that, depending on the assessment of the Council’s budgetary position,
the review will offer capacity to increase pay points beyond the guaranteed minimum
outcome of 3 per cent. Employees joining the National Competition Council after 1 July
2002 will be paid at the relevant pay point so increased.
32.5 The pay rates attached to each pay point in the classification structure resulting from the pay
point increases of 5 per cent (clause 32.1), 3 per cent (clause 32.2) and the minimum of 3
per cent (clause 32.3) are set out in Attachment 1 of this Agreement.
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National Competition Council Certified Agreement 2001-03
Part F Formal Acceptance of this Agreement
33 This Agreement is made and approved under section 170 LK of the Workplace Relations
Act 1996. Accordingly, it is an agreement between the employer and the employees whose
employment is subject to this Agreement.
EMPLOYER
Signed for, and on behalf of, the Treasurer, by the Executive Director, National Competition
Council.
Signed: .......................................................................................
Name: Edward Campbell Willett
Agency: National Competition Council
Date: ...........................................................................................
EMPLOYEE REPRESENTATIVES
Signed for and on behalf of employees covered by this Agreement by the elected
representatives of the staff of the National Competition Council.
David Owens
Signed………………………………………………………….
Ben Harris
Signed…………………………………………………………..
Date: ...........................................................................................
end of document - attachments follow.
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National Competition Council Certified Agreement 2001-03
Attachment 1: NCC Classification Structure and Salary Table
APS Classification Paypoints: 5% Paypoints: 3% Paypoints:
Structure and NCC Increase First Pay Salary Increase Minimum 3%
Annual Salaries as at Period Commencing First Pay Period Salary Increase
Certification ($) after Certification($) Commencing after First Pay Period
1 September Commencing after
2001($) 1 July 2002($) (see
Note below)
Australian Public
Service (Adult)
Junior (% APS 1
equivalent base adult
rate)
< 18 (60%) 15385 16154 16639 17138
At 18 (70%) 17949 18847 19412 19995
At 19 (81%) 20770 21808 22463 23137
At 20 (91%) 23334 24501 25236 25993
APS Level 1
APS1.1 25642 26924 27732 28564
APS1.2 26504 27829 28664 29524
APS1.3 27221 28582 29440 30323
APS1.4 28341 29758 30651 31570
APS Level 2
APS2.1 29020 30471 31385 32327
APS2.2 29819 31310 32249 33216
APS2.3 30602 32132 33096 34089
APS2 4 31397 32967 33956 34975
APS2 5 32181 33790 34804 35848
APS Level 3
APS3.1 33054 34707 35747 36819
APS3.2 33913 35609 36677 37777
APS3.3 34774 36512 37608 38736
APS3.4 35675 37459 38583 39740
APS Level 4
APS4.1 36840 38682 39842 41037
APS4.2 38012 39913 41110 42343
APS4.3 39000 40950 42179 44001
APS4.4 40388 42407 43680 44990
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National Competition Council Certified Agreement 2001-03
APS Level 5
APS5.1 41090 43145 44439 45772
APS5.2 42378 44497 45832 47207
APS5.3 43571 45750 47122 48536
APS Level 6
APS6.1 44380 46599 47997 49437
APS6.2 45484 47758 49191 50667
APS6.3 46730 49067 50538 52054
APS6.4 49079 51533 53079 54671
APS6.5 50979 53528 55134 56788
APS6.6 56530 59356 61137 62971
Australian Public
Service Executive
Executive Level 1
EL1.1 56530 59356 61137 62971
EL1.2 59484 62458 64332 66262
EL1.3 61071 64125 66048 68029
Executive Level 2
EL2.1 65072 68326 70375 72486
EL2.2 68678 72112 74275 76503
EL2.3 71264 74827 77072 79384
EL2.4 73847 77539 79866 82262
EL2.5 76334 80151 82555 85032
Note: Salary rates applying from first pay period after 1 July 2002 are the minimum outcome. The
parties will conduct a review during July 2002, which will provide the potential to increase pay
points beyond the minimum 3 per cent (clause 32.3).
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National Competition Council Certified Agreement 2001-03
Attachment 2: NCC Supported Wage System
This attachment defines the conditions which will apply to employees who because of the effects of a
disability are eligible for a supported wage under the terms of this Agreement. In the context of this
attachment, the following definitions will apply:
(1) ‘Supported Wage System’ means the Commonwealth Government system to
promote employment for people who cannot work at full award wages because of a
disability, as documented in ‘Supported Wage System: Guidelines and Assessment
Process.’
(2) “Accredited Assessor” means the person accredited by the managing unit
established by the Commonwealth under the Supported Wage System to perform
assessments of an individual’s productive capacity within the Supported Wage
System.
(3) ‘Disability Support Pension’ means the Commonwealth pension scheme to provide
income security for persons with a disability as provided for under the Social
Security Act 1991, as amended from time to time, or any successor to that scheme.
(4) ‘Assessment instrument’ means the form provided for under the Supported Wage
System that records the assessment of the productive capacity of the person to be
employed under the Supported Wage System.
1.1 Eligibility Criteria
Employees covered by this attachment will be those who are unable to perform the range of duties
to the competence level required within the class of work for which the employee is engaged under
this award, because of the effects of a disability on their productive capacity and who meet the
impairment criteria test for a Disability Support Pension.
(The attachment does not apply to any existing employee who has a claim against any person or
authority acting on behalf of the Commonwealth of Australia which is subject to the provisions of the
workers’ compensation legislation or any provision of this Agreement relating to the rehabilitation of
employees who are injured in the course of their employment.)
(The attachment also does not apply to any person or authority acting on behalf of the
Commonwealth of Australia in respect of a facility, program, undertaking, service or the like which
receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider
and sheltered employer to people with disabilities who are in receipt of or are eligible for a Disability
Support Pension, except with respect to an organisation which has received recognition under s10
or s12A of the Act, or if a part only has received recognition, that part.)
1.2 Supported Wage Rates
Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate
of pay prescribed for this award for the class of work which the person is performing according to
the following schedule:
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Assessed Capacity (clause 1.3) % of prescribed award rate
10% 10%
20% 20%
30% 30%
40% 40%
50% 50%
60% 60%
70% 70%
80% 80%
90% 90%
(provided that the minimum amount payable shall be not less than $51 per week)
Where a person’s assessed capacity is 10%, they shall receive a high degree of assistance and
support.
1.3 Assessment of Capacity
For the purpose of establishing the percentage of the salary to be paid to an employee under this
Agreement, the productive capacity of the employee will be assessed in accordance with the
Supported Wage System and documented in an assessment instrument.
1.4 Lodgment of the Assessment Instrument
All assessment instruments under the conditions of this attachment, including the appropriate
percentage of the salary to be paid to the employee, shall be lodged by the Council with the
Registrar of the Australian Industrial Relations Commission.
All assessment instruments shall be agreed and signed by the parties to the assessment.
1.5 Review of Assessment
The assessment of the applicable percentage should be subject to annual review or earlier on the
basis of a reasonable request for such a review. The process of review shall be in accordance with
the procedures for assessing capacity under the Supported Wage System.
1.6 Other Terms and Conditions of Employment
Where an assessment has been made, the applicable percentage shall apply to the salary only.
Employees covered by the provisions of this attachment will be entitled to the same terms and
conditions of employment as all other workers covered by this Agreement paid on a pro-rata basis.
1.7 Workplace Adjustment
Where the Council wishes to employ a person under the provisions of this attachment, it shall take
reasonable steps to make changes to the workplace to enhance the employee’s capacity to do the
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job. Changes may involve re-design of job duties, working time arrangements and work
organisation in consultation with other workers in the area.
1.8 Trial Period
In order for an adequate assessment of the employee’s capacity to be made, the Council may
employ a person under the provisions of this attachment for a trial period not exceeding 12 weeks,
except that in some cases additional work adjustment time (not exceeding 4 weeks) may be
provided.
During that trial period, the Council will assess capacity and determine the proposed salary for a
continuing employment relationship.
The minimum amount payable to the employee during the trial period shall be no less than $51 per
week.
Where the Council and employee wish to establish a continuing employment relationship following
the completion of the trial period, a further contract of employment shall be entered into based on
the outcome of assessment under clause 1.3 of this attachment.
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Attachment 3: Management of Excess Employees
1. Application
1.1 This Attachment applies to excess employees (as defined in clause 2.1 of this Attachment).
1.2 This Attachment does not apply to employees on probation or to non-ongoing employees.
2. Definition
2.1 Excess employee: For the purpose of this clause an employee is an excess employee if:
- the employee is included in a class of employees employed in the Council, and
that class comprises a greater number of employees than is necessary for the
efficient and economical working of the Council;
- the services of the employee cannot be effectively used because of
technological or other changes in the work methods of the Council or changes
in the nature, extent or organisation of the functions of the Council; or
- where the duties usually performed by the employee are to be performed at a
different locality, the employee is not willing to perform duties at the locality and
the President has determined that these provisions will apply to that employee.
3. Requirement to Discuss
3.1 Where it appears to the President that an employee is likely to become an excess
employee, the President will advise the employee and, if the employee wishes, an employee
representative.
3.2 Relevant details for the purposes of sub-clause 3.1 will include:
- the reasons for the President considering that an employee is likely to become
an excess employee;
- where 15 or more employees are likely to become excess, the President will
comply with the provisions of sections 170CL and 170GA of the Workplace
Relations Act 1996 and will inform the union of:
- the number, classification, location and details of the employees likely to be
excess; or where changes in the staffing structure are proposed:
- the number and classification of employees in the part of the Council affected;
- the number and classification of employees expected to be required for the
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performance of any continuing functions in the part of the Council affected; and
- details of the employees who are likely to be affected.
3.3 Discussions with the employee (and if the employee wishes, an employee representative)
will include discussion of:
- measures that could be taken to remove or reduce the incidence of an
employee becoming excess;
- redeployment prospects for the employee concerned;
- the appropriateness of using voluntary retrenchment;
- the method of identifying an employee as excess, having regard to the efficient
and economical working of the Council and the relative suitability of employees;
and
- the possibility of referral to the APS Labour Market Adjustment Program
(APSLMAP) or other provider of redeployment services.
3.4 Where an employee nominates a representative, the President will hold discussions on these
matters with the employee’s representative.
3.5 The discussions will take place over such time as is reasonable, having regard to the
particular matters under discussion and to the need for potential excess staff situations to be
resolved quickly.
3.6 The President will not invite an employee to volunteer for retrenchment or advise the
employee in writing that the employee is an excess employee:
- within one month of the President advising the employee (and the employee’s
representative if relevant) under sub-clause 3.1, except where the President
and the relevant parties agree on a lesser period; or
- after the period of a month, unless the discussions have been completed or, in
the opinion of the President the discussions have not proceeded with
reasonable timeliness and it is appropriate for the invitation or advice to be
given.
4. Redeployment/Voluntary Retrenchment
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4.1 The President will establish through consultation with identified employees which employees
want to be offered voluntary retrenchment immediately and which employees seek
redeployment.
4.2 An employee seeking redeployment will be advised in writing that he or she is excess (if this
has not already occurred) and immediately be referred to the APSLMAP or alternative
provider of redeployment services for redeployment assistance.
4.3 Those employees who are seeking voluntary retrenchment may be made such an offer after
the President has taken reasonable steps to assess their redeployment prospects.
5. Voluntary Retrenchment/Redundancy
5.1 Subject to sub-clause 3.6 the President may invite an excess employee to elect to be made
redundant under this clause.
5.2 Where the President invites an excess employee to elect to be retrenched, the employee
will have one month in which to advise the President of an election and the President will
not give notice of termination under section 29 of the Public Service Act 1999 before the
end of the one month period.
5.3 To allow an excess employee to make an informed decision on whether to submit an
election to be retrenched, the employee must have access to advice on:
- the sums of money the employee would receive by way of severance pay, pay
in lieu of notice and paid up leave credits;
- the amount of accumulated superannuation contributions;
- the options open to the employee concerning superannuation; and
- the taxation rules applicable to the various payments.
5.4 The President may make an offer of voluntary retrenchment to an excess employee within
two months of referral to the APSLMAP or alternative redeployment service and, if not
already made, will make an offer at the end of that period to an employee who has not
been redeployed.
5.5 Only one offer of voluntary retrenchment will be made to an excess employee.
5.6 Where employees decline or do not respond to the offer of voluntary retrenchment, their
retention period continues and further efforts will be made by the Council and the
APSLMAP or alternative redeployment service to achieve redeployment for the remainder
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of their retention period.
5.7 Subject to sub-clause 5.8 where the President approves an employee’s election for
retrenchment and gives notice of termination under section 29 of the Public Service Act
1999, the period of notice will be 28 days. In the case of an employee over 45 years of
age with at least 5 years’ continuous service the period of notice will be 5 weeks.
5.8 Where the President directs, or the employee requests an earlier retrenchment date within
the period of notice, the excess employee will be retrenched on that date and the employee
is entitled to receive payment instead of notice for the unexpired portion of the period.
5.9 The amount of the payment instead of notice must equal or exceed the total of all amounts
that, if the employee’s employment had continued until the end of the required period of
notice, the employer would have become liable to pay the employee because of the
employment continuing during that period. The amount must be worked out on the basis of:
- the employee’s current ordinary hours of work (even if they are not standard
hours);
- the amounts payable to the employee in respect of those hours, including, for
example, allowances, loadings and penalties; and
- any other amounts payable under the employee’s contract of employment.
5.10 An employee retrenched under clause 5.1 is entitled to be paid a sum equal to 2 weeks’
salary for each completed year of service, plus a pro rata payment for completed months of
service since the last completed year of service. The minimum sum payable will be 4
weeks’ salary and the maximum will be 48 weeks’ salary.
5.11 For earlier periods of service to count there must be no breaks between the 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.
5.12 The severance benefit will be calculated on a pro rata basis where an employee has
worked part-time hours during the period of service and the employee has less than 24
years full-time service.
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National Competition Council Certified Agreement 2001-03
5.13 Subject to sub-clause 5.14 and sub-clause 5.15, “service” means:
- service in an agency;
- 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 Public Service Act 1922 if the service has not previously
been recognised for severance pay purposes; and
- service in another organisation where:
- an employee was transferred from the APS to that organisation with a
transfer of a function; or
- an employee, engaged by that organisation on work within a function is
appointed as a result of the transfer of that function to the APS; and
- such service is recognised for long service leave purposes.
5.14 Any period of service which ceased:
(a) through termination on the following grounds, or on a ground equivalent to any of
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 physical or mental incapacity;
- failure to satisfactorily complete an entry level training course;
- failure to meet a condition imposed under subsection 22(6) of the Public
Service Act 1999;
- a breach of the Code of Conduct; or
(b) on a ground equivalent to a ground listed in subparagraph (a) above under the
repealed Public Service Act 1922; or
(c) through voluntary retirement at or above the minimum retiring age applicable to
the employee; or
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National Competition Council Certified Agreement 2001-03
(d) with the payment of a redundancy benefit or similar payment or an employer-
financed retirement benefit
will not count as service for severance pay purposes.
5.15 Absences from duty which do not count as service for long service leave purposes will not
count as service for severance pay purposes.
5.16 For the purpose of calculating any payment under sub-clause 5.10, “salary” will include:
- the employee’s full time salary, adjusted on a pro rata basis for periods of part
time service; or
- the full time salary of the higher position, adjusted on a pro rata basis for
periods of part time service, where the employee has been acting in a higher
position for a continuous period of at least 12 months immediately preceding
the date on which the employee is given notice of termination under section 29
of the Public Service Act 1999; and
- other allowances in the nature of salary which are paid during periods of annual
leave and on a regular basis, excluding allowances which are a reimbursement
for expenses incurred, or a payment for disabilities associated with the
performance of duty.
5.17 Where a redundancy situation affects a number of employees engaged in the same work at
the same level and in the same location and employees have been invited to elect to be
retrenched under clause 5.1, the President must not involuntarily retrench any employees if
there remain employees engaged in that work at that level in that location who have elected
to be retrenched, been refused, and still wish to accept voluntary retrenchment.
5.18 The President, may invite employees who are not in a redundancy situation to express
interest in voluntary redundancy, where those redundancies would permit the redeployment
of employees who are in a redundancy situation, who do not wish to accept voluntary
redundancy and who would otherwise remain excess.
6. Retention periods, redeployment and involuntary retrenchment
6.1 Except with the consent of the employee, an excess employee will not be retrenched under
section 29 of the Public Service Act 1999 until the following retention periods have
elapsed:
- 13 months where an employee has 20 or more years of service or is over 45
years of age; or
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- 7 months for other employees.
6.2 The retention periods will commence:
- on the day the employee is advised in writing by the President that the
employee is an excess employee; or
- one month after the day on which the President invites the employee to elect to
be retrenched under sub-clause 5.1
whichever is the earlier.
6.3 During the retention period the President must continue to take all reasonable steps,
consistent with the interests of the efficient administration of the Council, to transfer an
excess employee to a suitable vacancy of equal classification within the Council.
6.4 The Council will consider an excess employee in isolation from and not in competition with
other applicants for an advertised vacancy to which an excess employee seeks transfer.
6.5 Where:
- the President has been unable to find suitable alternative employment for an
excess employee in the Council, and proposes to give notice of reduction in
classification or termination in accordance with section 29 of the Public
Service Act 1999; and
- the employee has not consented to the giving of that notice
the President will take reasonable action to find suitable alternative employment for the
employee in the APS.
6.6 Where the President proposes to reduce an excess employee’s classification, the employee
will be given no less than one month’s notice.
6.7 Where the President proposes to involuntarily retrench an excess employee, the employee
will be given no less than one month’s notice. An employee over 45 years of age with at
least 5 years continuous service will be given 5 weeks notice.
6.8 Where an employee is retrenched on the ground that he or she is excess, the notice of
termination will take effect:
- after the expiration of the period of notice provided for above; or
- after the expiration of the period of notice required under section 170CM of
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the Workplace Relations Act 1996;
whichever is the later; or
- after payment of compensation instead of notice.
6.9 The specified periods of notice will as far as practicable be concurrent with the retention
periods.
6.10 An excess employee will not be retrenched involuntarily if:
- the employee has not been invited to elect to be retrenched under sub-clause
5.1; or
- the President has previously refused to approve an election by the employee for
voluntary redundancy (sub-clause 5.1).
6.11 Where before the end of a retention period an excess employee is reduced in classification,
the employee will be eligible to receive income maintenance payments calculated under
clause 9 for the balance of the 7 or 13 month retention period.
7. Major Organisational Change Incentive
7.1 Where a separate payment would facilitate the speedy resolution of major organisational
change and it can be demonstrated that special circumstances exist, the President may, with
the agreement of the responsible Minister and 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 provisions in this Agreement for the management of excess
employees.
8. Preference
8.1 Where:
- the President is to issue a notice of termination;
- the employee has not consented; and
- a vacancy exists in the President’s agency which would permit the retention in
employment of an employee
an ongoing employee will have preference in employment before a non-ongoing employee.
9. Income maintenance payments
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9.1 Where an excess employee agrees to a reduction in classification, the employee will be
eligible to receive income maintenance payments for the balance of the applicable retention
period set out in clause 6.
9.2 Income maintenance payments are the amounts payable to maintain the level of salary and
allowances in the nature of salary being paid to the excess employee on the date the
employee is notified as an excess employee or the date immediately prior to the employee
being reduced in classification, whichever is the later.
10. Leave and expenses to seek employme nt
10.1 An employee will be entitled to reasonable leave with full pay to attend necessary
employment interviews, from the date the employee is:
- advised that the President has approved an election by the employee to be
made redundant, under sub-clause 5.1, or
- advised in writing by the President that the employee is an excess employee.
10.2 Where expenses to attend interviews are not met by the prospective employer, the
employee will be entitled to reasonable travel and incidental expenses incurred.
11. Moving household
11.1 Where it is necessary as a result of transfer or reduction in classification for an excess
employee to move the employee’s household to a new locality, the employee will be
entitled to reasonable expenses as if the employee were being promoted.
12. Use of sick leave
12.1 The retention or notice periods under clause 6 will be extended by any periods of
certificated sick leave taken during these periods.
12.2 Where an employee is on sick leave for a continuous period of four weeks during the
retention period, or for a total of 13 weeks in any 26-week period during the retention
period, or they present a doctor’s report stating that they are unfit for duty and the
prognosis is unfavourable during the retention period, the President may direct the
employee to attend a health assessment by a medical practitioner approved by the
President.
12.3 Where the President so directs, the health assessment is not to be conducted by a medical
practitioner who has provided or is providing treatment to the employee for the illness or
injury in question.
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12.4 The medical practitioner will report to the President on the health of the employee, and the
measures, if any, that would need to be taken to ensure that the employee remains at or
returns to work as soon as possible. The report should include advice of what action, if
any, the President might take to achieve a return to work and the reasons for the conclusion
reached.
12.5 An employee who is entitled to income maintenance and at the date of transfer has
accumulated personal leave credits, will be entitled to receive maintenance of income
payments in respect of loss of income through sickness until such time as those accumulated
personal leave credits have been exhausted. The rate of payment will be as per clause 9
provided that entitlement to maintenance of income payments.
- does not exceed six months’ personal leave credits;
- only applies to absences covered by a medical certificate; and
- in relation to access to personal leave credits, is available only during the period
of income maintenance.
13. Right of review
13.1 An excess employee will have the right of review against:
- any decision taken in relation to the employee’s eligibility for benefits under
clause 10, 11 and 12;
- the amount of such benefits; or
- the amount of income maintenance payable under clause 9.
13.2 An appeal made under sub-clause 13.1 will be referred to a committee comprising:
- an independent convenor agreed to by the President and the employee;
- a nominee of the President; and
- a nominee of the employee.
13.3 The committee will report its findings to the President with a recommendation for action
appropriate to the case.
14. Retrenchment during retention period
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National Competition Council Certified Agreement 2001-03
14.1 In addition to the provisions of this Attachment, where the President believes that there is
insufficient productive work available for an excess employee during the retention period,
the President may retrench the employee before the end of the retention period, after
consulting the employee and the employee’s representative if the employee so wishes. The
provisions of sub-clauses 5.7 and 5.8 will apply:
- Where an excess employee is retrenched in accordance with this sub-clause,
the employee will be eligible to receive income maintenance payments to
maintain the level of salary being received at the date of termination calculated
under clause 9 for the balance of the 7 or 13 month retention period applying to
that employee.
- Where an employee is retrenched in accordance with this sub-clause, and has
been given a payment instead of notice under sub-clause 5.9, the employee’s
termination date for the purposes of this paragraph and sub-clause 12.5 will be
the date the employee would have been retrenched but for being given pay in
lieu of notice.
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