Employee Enterprise Agreement

Enterprise Agreement 2012 - 14 Effective from 24 August 2012

 

PART A – TECHNICAL AND GENERAL MATTERS

 

DEFINITIONS

In this Agreement, unless a contrary intention is clear, the following definitions apply:

 

Agency          

means an Agency as defined in the Public Service Act 1999.

 

Agreement   

means the ASADA Enterprise Agreement, titled the Australian Sports Anti-Doping Authority

Enterprise Agreement 2012-14.

 

APS    

means the Australian Public Service.

 

ASADA           

means the Australian Sports Anti-Doping Authority.

 

Casual Employees  

means a person engaged under Section 22 of the Public Service Act 1999 for duties that are

irregular or intermittent.

 

Chief Executive Officer     

means the Chief Executive Officer of the Australian Sports Anti-Doping authority, or a

person acting in that position, or his or her delegate.

 

Consultation           

means providing Employees and, where they choose, their representative with relevant

information and a bona fide opportunity to influence the decision making process not only in

appearance, but in fact, before a decision is made.

 

CPSU  

means the Community and Public Sector Union.

 

Director        

means the Manager responsible for a Work Group at Executive Level 2 (EL2).

 

Employees   

means Employees of the Australian Sports Anti-Doping Authority, whether full-time or part-

time, ongoing or non-ongoing and casual.

 

Employer     

means the Australian Sports Anti-Doping Authority.

 

Family member      

means a person who:

  • is related by blood or by marriage to the Employee;
  • is a spouse, de facto spouse or former spouse or former de facto spouse of the Employee without discrimination as to sexual preference;
  • has a strong affinity with the Employee (this may include traditional kinship);
  • who stands in a bona fide domestic or household relationship with the Employee without discrimination as to sexual preference; or
  • is a child (including adopted child, step child foster child or ex-nuptial child) of the person who stands in a bona fide domestic or household relationship with the Employee, or child in the care of that person.

 

Foster Child 

means a child for whom the Employee has assumed primary responsibility for the long term

care of the child who is, or will be, under 16 years of age and the child is not (otherwise than

because of fostering) a child of the Employee or the Employee’s spouse or de facto partner.

 

HDA   

means higher duties allowance. Temporary payment of an allowance where an employee is

temporarily assigned duties at a higher classification than his or her current classification.

 

Management           

means Chief Executive officer, Senior Executive Service, Directors and Managers.

 

 

Non-ongoing Employee    

An employee engaged for a specific period, or for the duration of a specified task, as defined

by the Public Service Act.

 

On-going Employee           

An employee engaged in on-going employment as defined by the Public Service Act.

 

Partner         

means in relation to a person who is a member of a couple, where the other member of the

couple.

 

Policy, procedures and guidelines       

Where policies, procedures or guidelines are referenced in this Agreement, this will have the

 

 

meaning of the ASADA’s policies, procedures and guidelines will apply where they have

been developed and authorised.

 

Public Holidays      

means public holidays as defined in the Fair Work Act

 

Public Service Act 

means the Public Service Act 1999(Cth) as amended from time to time.

 

Representative      

a person chosen by an Employee, or a group of Employees, to represent them, and includes

but is not limited to a friend, colleague, or a delegate/official of a union.

 

Salary           

The Employees salary is the relevant rate at Attachment A. It is salary for all purposes,

including superannuation (subject to relevant superannuation scheme rules), overtime,

severance and termination and excludes loadings and allowances, unless otherwise stated.

Neither participation is salary sacrificing arrangements nor purchased leave affect salary as

defined.

 

Senior Executive    

means the Head of the Work Group at the Senior Executive Service (SES) level employed

under section 34 of the Public Service Act.

 

Workplace Consultative Committee (WCC)    

means the Committee established under the terms of this Agreement to monitor the

implementation of this Agreement.

 

 

 

1.         Agreement Title

This Agreement is to be referred to as the Australian Sports Anti-Doping Authority Enterprise Agreement 2012 – 2014 (the Agreement).

 

2.         Purpose of the Agreement

2.1     The purpose of this Agreement is to provide terms and conditions of employment to employees covered by the Agreement and to support the Australian Sports Anti-Doping Authority (ASADA) to meet its functions, which include promoting harmonious, productive and cooperative workplace relations and ensuring compliance with national workplace laws.

2.2     This Agreement directly supports on-going changes in the work place, organisation and performance of ASADA.

2.3     This Agreement also recognises the range of functions and operations performed by ASADA.

 

3.         Commitment to Employees

3.1     ASADA is committed to providing flexible working arrangements to assist employees in getting an appropriate balance between their work and personal lives. All parties to this Agreement recognise the need to balance these flexibilities with the Agency’s aim to perform its functions in the most efficient and effective manner.

3.2     Managers and employees will work to ensure that the flexible working arrangements in this Agreement are used to achieve working patterns which provide a balance between work and personal lives and identify opportunities for improved productivity.

3.3     ASADA will maintain a safe and healthy work environment for all employees, consistent with its legal obligations.

 

4.         Coverage

4.1     This Agreement applies to APS employees (on-going, non-ongoing and casual employees) of ASADA who are employed under the Public Service Act in classifications other than the Senior Executive Services (SES) and employees whose salary is not paid or funded by ASADA.   

4.2     This Agreement is made under section 172 of the Fair Work Act 2009 and binds:

4.2.1  the Chief Executive Officer of ASADA as the employing authority;

4.2.2  all non-SES APS employees employed by ASADA under the Public Service Act (on-going, non-ongoing and casual employees); and

4.2.3  the Community and Public Sector Union (CPSU) if Fair Work Australia notes in its decision to approve the Agreement that the Agreement covers that union.

 

5.         Operation of this Agreement

5.1     This Agreement will commence to operate 7 days after the day it is approved by Fair Work Australia (FWA). The nominal expiry date of this Agreement is 30 June 2014.

5.2     This Agreement states the terms and conditions of employment of the Employees covered by this Agreement, other than terms and conditions applying under Commonwealth Law.

 

6.         No extra claims

From the commencement of this Agreement, a person or organisation covered by the Agreement or an employee whose employment is subject to the Agreement shall not pursue further claims for terms and conditions of employment that would have effect during the period of operation of this Agreement, except where consistent with the terms of this Agreement.

 

7.         Relationship to other legislation

7.1     It is acknowledged that employment at ASADA is subject to the provisions of the following Acts (and regulations or instruments made under the Acts) as in force from time to time, but are not limited to the:

(a)    Australian Sports Anti-Doping Authority Act 2006;

(b)    Australian Human Rights and Equal Opportunity Commission Act 1986;

(c)    Disability Discrimination Act 1992;

(d)    Equal Employment Opportunity (Commonwealth Authorities) Act 1987;

(e)    Fair Work Act 2009;

(f)     Financial Management and Accountability Act 1997;

(g)    Long Service Leave (Commonwealth Employees) Act 1976;

(h)    Maternity Leave (Commonwealth Employees) Act 1973;

(i)     Workplace Health and Safety Act 2011;

(j)     Paid Parental Leave Act 2010;

(k)    Public Service Act 1999;

(l)     Privacy Act 1988;

(m)   Racial Discrimination Act 1975;

(n)    Safety and Rehabilitation and Compensation Act 1988;

(o)    Sex Discrimination Act 1984;

(p)    Superannuation Act 1976;

(q)    Superannuation Act 1990;

(r)     Superannuation Act 2005;

(s)     Superannuation Guarantee (Administration) Act 1991;

(t)     Superannuation Productivity Benefit Act 1988.

 

8.         Individual flexibility arrangement

8.1     The Chief Executive Officer and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:

8.1.1 the Agreement deals with one (1) or more of the following matters:

a.  arrangements about when work is performed;

b.  overtime rates;

c.  penalty rates;

d.  allowances;

e.  remuneration; and/or

f.  leave; and

8.1.2  the arrangement meets the genuine needs of ASADA and employee in relation to 1 or more of the matters mentioned in clause 8.1.1; and

8.1.3  the arrangement is genuinely agreed to by ASADA and employee.

 

8.2     The Chief Executive Officer must ensure that the terms of the individual flexibility arrangement:

8.2.1    are about permitted matters under section 172 of the Fair work Act 2009; and

8.2.2    are not unlawful terms under section 194 of the Fair Work Act 2009; and

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

 

8.3     The Chief Executive Officer must ensure that the individual flexibility arrangement:

 

8.3.1    is in writing; and

8.3.2    includes the name of ASADA and employee; and

8.3.3    is signed by the Chief Executive Officer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and

8.3.4    includes details of;

a.    the terms of the enterprise agreement that will be varied by the arrangement;

b.    how the arrangement will vary the effect of the terms; and

c.    how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangements; and

8.3.5    states the day on which the arrangement commences and where applicable, when the arrangement ceases.

 

8.4     The Chief Executive Officer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

8.5     The Chief Executive Officer or the employee may terminate the individual flexibility arrangement:

8.5.1    by giving no more than 28 days written notice to the other party to the arrangement; or

8.5.2    if the Chief Executive Officer and the employee agree in writing – at any time.

 

9.         Delegations

 

The Chief Executive Officer may, in writing, delegate his/her powers and functions under this Agreement, subject to the provisions of the Public Service Act 1999 and the ASADA Act 2006, as in force from time to time.

 

10.      Supporting policies, procedures and guidelines

10.1   The operation of this Agreement is supported by those policies, procedures and guidelines which are incorporated by reference in this Agreement.

10.2   If there is any inconsistency between the policies, procedures and guidelines and the terms of this Agreement, the express terms of this Agreement will prevail.

10.3   ASADA agrees to follow the consultation procedures contained in this Agreement before any changes are made to:

10.3.1  policies, procedures and guidelines incorporated by reference; and

10.3.2  policies, procedures and guidelines which are developed to support the operation of this Agreement in relation to matters affecting entitlements or conditions of employment.

11.      Safe and healthy work environment

11.1   ASADA and its employees agree that they will strive to promote and maintain a safe workplace and work environment, one that is free from bullying, harassment, excessive workload and unsafe hours.

11.2   All employees agree to work in accordance with ASADA’s health and safety policies, safety procedures and requirements and to cooperate to the extent necessary to enable ASADA to meet its duty of care requirements.

11.3   ASADA is committed to discharging its duty of care obligations through a structured system compliant with prevailing legislation and relevant codes of practice.

11.4   ASADA is committed to providing a safe and healthy environment for all employees by promoting health awareness among employees through funding annual programs including meeting the out of pocket cost of influenza vaccinations.

 

12.      Confidentiality

Employment (and access to collected and held information) at ASADA is dependent upon the employee undertaking to work under the provisions of the Public Service Act, the Privacy Act and the Protection of Personal Information provisions of the Australian Sports Anti-Doping Act 2006. Such employment will not commence until an employee has signed an undertaking.

 

13.      Diversity and inclusion

13.1   ASADA is an agency that values fairness, equity and diversity consistent with the APS Values and Code of Conduct.

13.2   ASADA is committed to promoting and supporting workplace diversity and to creating an environment that values and utilises the contributions of people with different backgrounds, experiences and perspectives.

13.3   ASADA and its employees commit to respecting and valuing the diversity of its workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

13.4  The parties covered by this Agreement recognise their shared desire to assist and involve indigenous people in the workplace by:

13.4.1  Providing a sensitive and supportive environment for Indigenous people; and

13.4.2  Supporting Australian Government programs in relation to the employment of Indigenous people.

13.5  ASADA is committed to increasing employment opportunities and accessibility to people with disability, increasing disability awareness and ensuring consultation with employees with disability occurs when developing policies and programs that may impact on them.

 

14       Freedom of association

14.1   It is recognised that employees may choose to be represented by a union. Irrespective of that choice, employees will not be disadvantaged or discriminated against in respect of their employment under this Agreement.

14.2   ASADA recognises the role of unions in representing their members who are employees of ASADA.

 

15       Consultation in relation to major change

15.1   This clause applies if:

15.1.1  ASADA has made a definite decision to introduce major change to program, organisation, structure or technology in relation to its enterprise; and

15.1.2  the change is likely to have a significant effect on employees of the enterprise.

15.2   ASADA must notify the relevant employees of the decision to introduce the major change.

15.3  The relevant employees may appoint a representative for the purpose of the procedures in this clause if:

15.3.1  a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and

15.3.2  the employee or employees advise the employer of the identity of the representative,

ASADA must recognise the representative.

15.4   As soon as practicable after making its decision, ASADA must discuss with the relevant employees:

15.4.1  the introduction of the change; and

15.4.2  the effect the change is likely to have on the employees; and

15.4.3  measures ASADA is taking to avert or mitigate the adverse effect of the change on the employees.

15.5   For the purposes of the discussion – provide, in writing, to the relevant employees:

15.5.1  all relevant information about the change including the nature of the change  proposed; and

15.5.2  information about the expected effects of the change on the employees; and

15.5.3  any other matters likely to affect the employees.

15.6   However, ASADA is not required to disclose confidential or commercially sensitive information to the relevant employees.

15.7   ASADA must give prompt and genuine consideration to matters raised about the major change by the relevant employees and advise them of the outcome of the consultation process, including providing a response to feedback.

15.8   If a clause in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of ASADA, the requirements set out in clauses 15.2 to 15.5 are taken not to apply.

15.9   In this clause, a major change is likely to have a significant effect on employees if it results in:

15.9.1  the termination of the employment; or

15.9.2  major change to the composition, operation or size of the employer’s workforce or to the skills required of employees; or

15.9.3  the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or

15.9.4  the significant alteration of hours of work; or

15.9.5  the need to relocate employees to another workplace; or

15.9.6  the major restructuring of jobs.

15.10 In this clause, relevant employees means the employees who may be affected by the major change.

 

16       Workplace Consultative Committee

16.1   These provisions are intended to operate in addition to and are not intended to impact on the operation of the consultation provisions set out in clause 15 of the Agreement.

16.2   ASADA commits to appropriate consultation with the parties covered by this Agreement as a basis for the Agreement’s effective implementation.

16.3   ASADA is committed to consulting with employees. The key mechanisms used within ASADA for consultation are:

16.3.1  a Workplace Consultative Committee:

16.3.2  regular all staff meetings; and

16.3.3  direct discussions with staff.

16.4   The Workplace Consultative Committee comprises:

16.4.1  Chief Operating Officer;

16.4.2  Director People and Knowledge Management;

16.4.3  Four elected Employee Representatives (who must be employees covered by this Agreement, including at least one representative from the casual employee group). Where possible at least one of the four employees should be a member of the CPSU; and

16.4.4  CPSU Representative.

Human Resources will provide the Secretariat.

16.5   Elections for the Employee Representatives will be held at the commencement of this Agreement and at any stage there is an Employee Representative vacancy on the Consultative Committee.

16.6   The Consultative Committee will be consulted on the development or review of any ASADA policies, procedures or guidelines or other corporate documents relating to matters covered by this Agreement.

16.7   To ensure effective consultation:

16.7.1  workplace related concerns will be discussed in a spirit of cooperation and trust;

16.7.2  employees will be provided with relevant information (but not “employee records” as defined in the Privacy Act 1988 except with the consent of the employee) on workplace matters that affect them where possible and have the opportunity to provide input prior to a final decision; and

16.7.3  employees and, where employees choose, their representatives may raise workplace matters directly with ASADA management.

16.8   The Workplace Consultative Committee will meet at least quarterly. Employee Representatives or ASADA management will be able to call a meeting of the Workplace Consultative Committee at any time.

16.9   The Consultative Committee will maintain Terms of Reference for the duration of this Agreement and make them available to employees.

 

17       Resolution of Agreement disputes

17.1   If a dispute relates to a matter under this Agreement, or the National Employment Standards (NES), the parties to the dispute must first attempt to resolve the matter at the workplace level by discussions between the employee or employees concerned and the relevant supervisor/manager.

17.2   If a resolution to the dispute has not been achieved after discussions have been held in accordance with clause 17.1, the parties to the dispute will endeavour to resolve the dispute in a timely manner either through discussions with more senior levels of management where appropriate or through alternative dispute resolution methods. 

17.3   If discussions at the workplace level do not resolve the dispute, and all appropriate steps have been taken in accordance with clauses 17.1 and 17.2, a party to the dispute may refer the matter to Fair Work Australia.

17.4   Fair Work Australia may deal with the dispute in 2 stages:

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

17.4.2  If Fair Work Australia is unable to resolve the dispute at the first stage, Fair Work Australia may then:

(a)   arbitrate the dispute; and

      (b)   make a determination that is binding on the parties.

Note: If Fair Work Australia arbitrates the dispute, it may also use the powers that are available to it under the Act.

A decision that Fair Work Australia makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Fair Work Act 2009. Therefore, an appeal may be made against the decision.

17.5   ASADA or an employee who is a party to the dispute may appoint another person, organisation or association to accompany and/or represent them for the purpose of this term.

17.6   Resolution of disputes is to occur in good faith by following the same principles as the good faith bargaining requirements at section 228 of the Fair Work Act 2009.

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

17.7.1  an employee must continue to perform his or her work as he or she would normally prior to the dispute arising, unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and

17.7.2  an employee must comply with a direction given by the CEO/Delegate to perform other available work at the same workplace, or another workplace, unless:

(a)  the work is not safe; or

(b)  applicable workplace health and safety legislation would not permit the work to be performed; or

(c)  the work is not appropriate for the employee to perform; or

(d)  there are no other reasonable grounds for the employee to refuse to comply with the direction.

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

 

18       Resolution of individual grievances

Under section 33 of the Public Service Act an employee may seek a review of decisions or actions that affect his or her individual employment. Details are in the Review of Action Guideline.

 

19       Employee Representation and Workplace Delegate Rights

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

19.2   ASADA and union workplace delegates must deal with each other in good faith.

19.3   In discharging their representative roles at the workplace level, the rights of union workplace delegates are:

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

19.3.2  recognition by ASADA that endorsed workplace delegates speak on behalf of their members in the workplace;

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

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

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

19.3.6  undertake their role and having union representation on ASADA’s Workplace  Consultative Committee;

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

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

19.3.9  the right to consultation and access to relevant information about the workplace and ASADA; and

19.3.10the right to reasonable paid time to represent the interests of members to the employer and industrial tribunals.

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

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

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

19.4.3  reasonable paid time off to represent union members in ASADA in relevant union forums.

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

19.6   For avoidance of doubt, elected union representatives include APS employees elected to represent union members in representative forums, including for example, CPSU Section Secretaries, Governing Councillors and Section Controllers and APESMA Government Division Committee members.

 

20       Improving efficiency and productivity

20.1   The parties to this Agreement will work collaboratively over the life of the Agreement to identify initiatives and implement efficiency measures for the benefit of ASADA, its employees, its clients and other external stakeholders. This will include, where applicable, productivities delivered through APS-wide or portfolio initiatives.

20.2  The Workplace Consultative Committee established under the Agreement will discuss proposed productivity arrangements impacting employees, to meet this objective.

20.3   Initiatives and measures may include but are not limited to:

  • Improving workforce capability through changes in work organisation, job design, flexible work patterns and arrangements;
  • New training and skills development;
  • New technology and optimum utilisation of capital equipment;
  • Streamlining processes within and across ASADA; and
  • Improving our capacity to provide high quality, cost effective advice and services to our key stakeholders.

 

 

PART B          ON-GOING AND NON-ONGOING EMPLOYEES GENERAL EMPLOYMENT

 

PART B1       Workplace Arrangements

 

21       Flexible working arrangement

21.1   Managers and Employees have a responsibility to ensure that the flexible conditions contained in the Agreement are both administered and accessed in such a way as to ensure that:

21.1.1  working patterns are fair and encourage a balance between work and personal lives for all employees;

21.1.2  assessment of, and reward for, an employee’s performance is based primarily on their outputs, not hours at work;

21.1.3  opportunities for improved productivity are able to be identified and achieved; and

            21.1.4  these conditions are applied fairly and consistently across ASADA.           

21.2   It is the role of managers to recognise that employees need to balance work and personal lives. Managers should ensure that their employees are able to access employment terms and conditions (including the utilisation of flextime credits, leave,  access to time off in lieu (TOIL) and payment for overtime) where eligible. It is the responsibility of individual employees to consult their managers in accessing these terms and conditions and to be aware that operational requirements may limit access to some conditions at certain times. Refer to clause 65 should leave not be approved.

21.3   It is important that managers and employees recognise and accept their mutual responsibility to integrate the management of working hours and leave planning, including flexible working arrangements, into the overall approach of business and workforce planning.

21.4   ASADA recognises the role of carers and the need to provide flexibility to enable them to meet their caring circumstances. If the employee wishes to formally access flexible working arrangements (including working part-time) and following discussions with their manager they may apply in writing. Approval will be granted unless the flexible work arrangements do not meet operational requirements of ASADA. This clause may be considered in applications for access to part-time work for employees returning from Maternity Leave, Parental Leave, Adoption Leave and Foster Care leave.

21.5   An employee who is a parent, or has responsibility for the care of a child who is under school age or under 18 and has a disability may request flexible working arrangements (including working part-time). The employee is not eligible to make this request unless they have completed at least 12 months of continuous qualifying service (the Chief Executive Officer may waive this requirement in exceptional circumstances). For the purpose of this clause ‘qualifying service’ means service that is recognised for redundancy pay purposes.

21.6   A request made in accordance with clause 21.5 must be in writing and set out details of the change sought and the reasons for the change. The Chief Executive Officer/Delegate will respond in writing within 21 days and will only refuse on reasonable business grounds. Where the request is refused, the response will include reasons for the refusal.  

 

22       Hours of work

22.1   Managers, supervisors and employees have a mutual responsibility for managing their working hours and patterns, including leave planning, flextime arrangements and minimising excessive hours where possible.

22.2   ASADA recognises that employees have responsibilities outside the workplace that may limit their ability to adjust their normal working patterns in response to workload pressures. Managers will accommodate those responsibilities wherever possible and will consult with an employee if there is a need for the employee to work beyond their normal hours of work. Employees undertake to meet reasonable demands asked of them by their managers in times of workload pressures.

22.3   ASADA’s official business hours are between 9.00am and 5.00pm Monday to Friday.

22.4   Ordinary hours of work for full-time employees are 37 hours 30 minutes per week. This equates to a standard day of 7 hours 30 minutes.

22.5   The bandwidth of hours in which an employee may work their ordinary hours are 7.00am to 7.00pm Monday to Friday, or as otherwise agreed on an individual basis between the relevant manager and employee.

22.6   The pattern of hours by which employees meet their ordinary hours of duty is a matter for agreement between the manager and the employee.

22.7   An employee will not normally be expected to work more than:

22.7.1 ten (10) hours ordinary time on any day; and

22.7.2  five (5) consecutive hours without a meal break of at least 30 minutes.

22.8   Where more hours are worked as stated in clause 22.7 overtime for APS level 1 – 6 employees and Time Off in Lieu (TOIL) provisions for EL employees at clause 27 and meal allowance provisions at clause 62 may apply.

 

23       Doping Control Officers (DCO)

23.1   DCOs are entitled to the same terms and conditions as other employees within ASADA, subject to the provisions of this clause.

23.2   DCOs will work a twenty-eight (28) day roster (the Roster Period) with ordinary hours between 7.00am to 9.00pm seven days a week (the DCO Span of Ordinary Hours).

23.3   The Roster Period is determined by the National Testing Support Manager in consultation with each DCO prior to the commencement of each Roster Period, subject to the following principles:

23.3.1  DCOs have eight (8) standard rostered days off (RDOs) in each Roster Period;

23.3.2  As the standard rostered days off substitute for the DCO’s weekend, as far as possible, the RDOs should be consistent from week to week and should be scheduled in four (4) lots of two (2) consecutive days;

23.3.3  DCOs receive an additional RDO to compensate for any public holiday that occurs during the Roster Period. These additional RDOs may be scheduled at any stage during the Roster Period; and

23.3.4  The roster can only be changed with the agreement of the DCO and the National Testing Support Manager. The Roster Period cannot be changed less than 2 weeks in advance.

23.4   The rostered days off substitute for the DCO’s weekends and public holidays. If a DCO is required to work on a rostered day off they will receive payment at penalty rates as follows:

23.4.1  time and a half for the first 3 hours of work on the first, third, fifth and seventh standard RDOs substituting for a DCO’s Saturdays, and then double time thereafter.

23.4.2  double time for work on the second, fourth, sixth and eighth standard RDOs substituting for a DCO’s Sundays;

23.4.3  time and a half for any hours of work on any additional RDO substituting for a DCO’s public holiday, outside their span of hours;

23.4.4  double time for any hours of work on an additional RDO substituting for a DCO’s public holiday, outside their span of hours; and

23.4.5  DCOs may accrue additional flextime, in lieu of these payments, which will accrue and be taken at the relevant penalty rate.

23.5   Any overtime payment made will not count as salary for superannuation purposes.

23.6   In recognition of the DCO span of ordinary hours (including working on weekends and public holidays) and for the inconvenience of split, irregular and unpredictable testing sessions, full-time DCOs will receive an annual allowance of $7,256.90  per annum from the commencement date of the Agreement and $7,474.61 per annum from 1 July 2013 (see clause 56).

23.7   Any DCO who undertakes other ASADA duties will have their annual allowance reduced in line with the proportion of their time spent on those other duties. The reduction reflects the fact that, by undertaking other duties, these employees will be able to work proportionally more within ASADA’s span of ordinary hours than the DCO span of ordinary hours. This will be monitored by the National Testing Support Manager to ensure that they are not undertaking more of their DCO work outside of the span of ordinary hours than they are compensated for.

 

24       Flextime

24.1   Flextime is a system of flexible working arrangements that enables employees to vary working hours, patterns and arrangements to provide maximum organisational flexibility with benefit to staff.

24.2   Employees at or below the APS 6 level, including part-time employees can use flextime.

24.3   ASADA’s flextime arrangements include the following features:

24.3.1  when a employee works more than their standard hours they will accumulate a flextime credit, and when an employee worked less than their standard hours they will incur a flextime debit.

24.3.2  flextime will be credited or debited on a one-for-one basis (i.e. one hour worked will result in one hour of flextime credit).

24.3.3  An employee may reduce their flextime credit (or incur a flextime debit) by taking a flextime absence, which is an absence from the workplace during standard working hours requested in advance by the employee and approved by the employee’s Manager.

24.3.4  a flextime absence may be taken in part or full days to a maximum of 5 consecutive days.

24.3.5  an employee may ordinarily carry over a maximum of 37 hours 30 minutes as a flextime credit, or up to 7 hours 30 minutes flextime debit, into the next settlement period.

24.3.6  a settlement period is a four week period.

24.3.7  where an employee maintains a flextime debit balance in excess of 15 hours for 4 weeks, the employee will endeavour to reduce the debit to the maximum allowable (or lower) over the next settlement period. Should this not occur, the amount by which the maximum debit is exceeded will be treated as leave without pay and an appropriate deduction made from the employee’s pay.

24.3.8  An employee with flextime credit will be allowed to use all of their accrued flextime credits before ceasing their employment. Employees should also take all reasonable steps to balance their flextime debit or credit. Where any flextime debits are outstanding at cessation, these should be recovered as part of the termination payment.

24.3.9  When an employee has failed to comply with the provision of flextime, a manager may remove access to flextime provisions for that employee for a specified period and the employee will revert to working the standard day. Access to flextime will be restored where the manager is satisfied that the employee will maintain satisfactory attendance patterns.

24.3.10   The relevant manager may require an employee not to work hours in addition to ordinary hours where there is insufficient work. That is, a manager may require that an employee not accrue flextime where such accrual cannot be justified by the employee’s workload.

 

25       Overtime

25.1   Overtime means work performed at the prior direction of management by employees at or below APS 6 level that is:

25.1.1  in excess of 10 hours on any one day, Monday to Friday inclusive; or

25.1.2  outside the bandwidth or agreed span of hours; or

25.1.3  performed on weekends or public holidays.

25.2   Flextime will generally be used to meet operational requirements within the bandwidth hours. However, it is recognised that operational requirements will on occasion require an employee to be directed to work outside the bandwidth of hours or in excess of 10 hours on any one day.

25.3   Employees at Executive Level are not generally entitled to overtime. However, the Chief Executive Officer/Delegate in exceptional circumstances may approve either additional duty payments or time in lieu as per clause 27 for excess hours worked where considered appropriate and outside the bandwidth range.

25.4   Overtime must be approved by the Chief Executive Officer/Delegate in advance, except in cases of emergency. Time off in lieu (TOIL) is the standard form of recompense for overtime. Payment for overtime may be approved in certain circumstances.

25.5   Where overtime is worked recompense (whether payment or TOIL) is calculated at the following rate:

25.5.1                                        Monday to Saturday     Time and a half for the first 3 hours of overtime worked each day and double time thereafter.

25.5.2   Sunday                          Double time for hours worked.

25.5.3 Public Holiday               Double time and a half for hours worked.

25.6   Where a period of additional duty is not continuous with ordinary duty, the minimum additional duty payment is four (4) hours at the relevant rate. Where the period of additional duty is greater than four (4) hours payment will be made for the actual period worked at the relevant rate.

25.7   Additional duty is considered to be continuous with ordinary duty when an employee does not have a break, other than a meal break, between the period of ordinary duty and additional duty.

25.8   Where an APS level 1-6 employee is called into work to meet an emergency outside the span of hours they will be paid for the period of work and any time necessarily spent in travelling to and from work at the rate of double time. The minimum payment for such work will be two (2) hours at double time.

25.9   Where an employee worked overtime he or she will be entitled to an eight (8) hour break plus reasonable travelling time before recommencing work.

           

26       Employees travelling on official duty  

26.1   Where an employee travels on official duty on any day, the employee is regarded as working 7 hours 30 minutes per day. The employee should record a maximum period of 7 hours 30 minutes on their flextime sheet in respect of each day or part of a day the employee is travelling on official duty.   

26.2   In recognition of additional time that an employee may spend outside the standard bandwidth or outside standard hours, SES Managers will approve reasonable time off in lieu at ordinary hour rates and not at overtime rates.

26.3   Employees travelling overseas will be in accordance with ASADA’s Travel Policy and require the Chief Executive Officer’s approval.

 

27       Executive levels – Time Off In Lieu (TOIL)

27.1   Executive level employees often have extra, irregular and non-ongoing demands placed upon them, including working beyond ordinary hours. Their remuneration recognises the additional demands which may be placed upon them.

27.2   Executive Level employees are able to work flexible hours. This means that variations in attendance times and short-term absences including full days may be agreed in advance with their SES Manager/Director.

27.3   The arrangements in relation to flexible hours will be designed and agreed by the SES Manager/Director and Executive Level employee taking into account of the need to balance the achievement of organisational outcomes and individuals’ personal commitments.

27.4   Where an Executive Level employee has been required to work substantially in excess of ordinary hours, the employee’s SES Manager/Director, in exceptional circumstances can negotiate with the employee to provide reasonable time off in lieu to recognise the additional effort. Reasonable time off for Executive level employees is not on an hour for hour basis (and in all cases will not exceed the actual additional hours worked by the employee), These arrangements are intended to provide Executive Level employees with fair and reasonable access to time off.

27.5   TOIL should be taken as soon as practical after the hours worked, subject to operational requirements.

27.6   As a general rule, time off in lieu should be discussed between a SES Manager/Director and Executive Level employee where an employee is required to sustain a working pattern of greater than 8.5 hours during the normal working week, or works on a weekend, public holiday or closedown, at the request of the Manager.

27.7   Executive Level employees should not commence work on any day without having at least eight hours plus reasonable travelling time minimum break from the previous day’s work, without specific approval from the Chief Executive Officer/Delegate.

27.8   Regardless of the bandwidth, Executive Level employees are required to break for at least 30 minutes after five (5) hours of continuous work. SES Managers/Directors should not give approval for continuous work for longer periods.

 

28       Part-time and job sharing arrangements

28.1   Part-time employees will be engaged on the basis that their ordinary hours of work are less than 150 hours over a 4-week period. Employees who job share will be classed as part-time.  All part-time and job sharing work arrangements will be subject to this Agreement. Whilst there is no prescribed limit on the duration, in this Agreement, there will be a formal review on an annual basis between the employee and the relevant Director.  During the period of part-time arrangements as agreed, the employee or relevant Director may initiate a review of these arrangements by the giving of three months’ notice.

28.2   A part-time employee will normally be required to work at least three (3) consecutive hours on his or her nominated workdays. The pattern of working hours and any variations to the arrangements will be agreed in writing.

28.3   Remuneration, leave and other entitlements of part-time employees will be calculated on a pro rata basis, based on the proportion of hours worked in comparison to full-time hours. For allowances of a reimbursement nature part-time employees receive the same amount as full-time employees.

28.4   Employees returning directly from Maternity Leave, Parental Leave, Adoption Leave or Foster Care Leave will be provided with access to regular part-time work upon application (see clause 21.4). This entitlement will be available for two years from the date of birth, or in the case of adoption or foster care placement from the placement date of the child. The employee may choose to return to full-time work within that period. If they do so, any subsequent changes to working hours will be by agreement between the employee and their director.

28.5   A part-time employee and his or her Director may by agreement vary regular hours of work. Similarly, part-time working arrangements may be terminated by agreement between an employee and his or her Director.

28.6   At the conclusion of an employee-initiated part-time arrangement, the employee will revert to full-time work, unless an extension is agreed to by the employee and his or her Director. An employee may revert to full-time work before part-time arrangements conclude where agreed between the employee and his or her Director.  

           

29       Home based work

29.1   An employee and their Senior Executive Manager may agree to the employee working from home on a regular, temporary or intermittent basis.

29.2   Applications to work from home will be considered in accordance with the requirements set out in the Working from Home Policy. When considering the application account will be taken of the operational requirements of ASADA and the personal circumstances of the employee.

29.3   Working from home is not to be used as an alternative to personal leave when personal leave should be taken.

 

30       Relocation

All ASADA employees have a designated work location, either an ASADA or an approved home office. Where ASADA requires an employee to change work location ASADA will compensate employees for any additional costs incurred as a result of the relocation in accordance with the Relocation Policy and Business Contingency Policy. ASADA will not require an employee to work from home without the employee’s consent.

 

31       Employee assistance program

ASADA will provide access to a confidential, professional counselling service at no cost to an employee and their immediate family to help resolve personal and work-related problems through the provision of an external Employee Assistance Program. The aim of the program is to assist employees and help them resolve work or personal issues.

 

32       Clothing

Employees may wear smart business casual clothing when appropriate and in accordance with ASADA’s Workplace Health and Safety obligations. The parties to this Agreement acknowledge the need to present a professional image to ASADA's stakeholders.

 

33       Resignation

33.1   Employees must provide two weeks written notice of their intention to resign to their Work Group Director.

33.2   Where an employee ceases duty in the APS, he/she will receive payment in lieu, calculated at the employee’s final rate of salary, for any unused annual leave and entitled long service leave.

 

PART B2       Classification and Remuneration

 

34       Rates of pay       

34.1   The classifications and salary rates applicable during the term of this Agreement are provided at Attachment A.

34.2   In recognition of productivity gains, the salary rates will increase:

  • 3.67% on commencement 
  • 3% on 1 July 2013

34.3   Remuneration for part-time employees will be calculated as a pro rata on the appropriate salary rate indicated at Attachment A, based on the proportion of hours worked in comparison to full-time hours.

 

35       Payment of salary

35.1   Employees will be paid fortnightly in arrears based on the following formula:

                                                Annual salary x 12

          Fortnightly pay =                        313

35.2   An employee will be paid fortnightly by electronic funds transfer into a financial institution account of the employee’s choice.

 

36       Salary on engagement, promotion or movement

36.1   Where an employee commences in or is promoted to a higher classification in ASADA, the Chief Executive Officer/Delegate will determine their salary, having regard to the experience, qualifications and skills of the employee. Normally this would be at the minimum pay point of the relevant salary range.

36.2   When an employee moves at level from another APS Agency and their salary is:

36.2.1  above the top pay point of the relevant classification level range as stated at Attachment A, they will be maintained on that salary until it is absorbed by ASADA pay increases at the relevant classification level at which time the employee will move to the next pay point immediately above their current salary level, unless a higher salary is agreed to by the Chief Executive Officer/Delegate; or

36.2.2  below the top pay point of the relevant range as stated at Attachment A, but not aligned with a pay point in the range, their salary will be paid at the next highest pay point in that range.

 

37       Salary advancement

37.1   Salary advancement will occur on 1 July each year for an on-going employee who is not already on the maximum pay point applying to his or her classification level until the maximum pay point is reached. Salary progression to the next point will occur if the employee:

37.1.1  has performed duties at their existing pay point for at least 26 weeks (as at 30 June);

37.1.2  has performed duties at their classification level or higher for at least 26 cumulative weeks during the preceding performance cycle; and

37.1.3  has received a performance of “Fully Effective” or higher for the preceding performance cycle.

37.2   Where an employee receives a performance rating of “Exceptional”, the employee may advance by two pay points (up to the maximum pay point applying to his or her classification level) subject to the outcome of the moderation process in accordance with the Performance and Career Enrichment Scheme.

 

38       Salary on temporary assignment of duties at Senior Executive Level

Where non-SES employees are required to temporarily perform work in Senior Executive roles they will be remunerated for the period of temporary assignment as determined by the Chief Executive Officer.

 

39       Re-assignment to lower classification

39.1   Where an employee requests in writing or is directed to perform work at a lower classification level temporarily or permanently, the Chief Executive Officer/Delegate will determine the salary rate at the lower classification level. The determination will reflect the employee’s experience, qualifications and skills and the circumstances under which the reduction occurred.

39.2   Clause 39.1 does not apply to decisions made by the Chief Executive Officer in relation to breaches of the Code of Conduct or underperformance.

 

40       Salary packaging

Employees may choose to sacrifice part of their salary for a range of non-cash benefits in accordance with legislative and government policy. Participation in salary packaging will not affect salary for superannuation purposes or any other purpose.

 

41       Overpayment of entitlements

Where an employee is overpaid an amount of salary, or other remuneration, the employee authorises ASADA to deduct the amount of the overpayment from the next salary instalment unless other arrangements (e.g. final pay) are agreed. If the deduction would exceed 25% of the total salary instalment payable, the Chief Executive Officer/Delegate and the employee may agree, in writing, on deduction by instalment to recover the overpayment.

 

42       Superannuation

42.1   ASADA will make compulsory employer contributions as required by the applicable legislation.

42.2   An employee may choose any approved superannuation fund as long as the fund can accept employer contributions to be paid through fortnightly electronic funds transfer.

42.3   The default fund for ASADA is the Public Sector Superannuation Accumulation Plan (PSSap).

42.4   Employer contributions to the PSSap will be 15.4% of the employee’s fortnightly superannuation contribution salary. Employer contributions for employees in other accumulation schemes will be the same as for employees in PSSap.

42.5   Employer contributions will not be reduced by any other contributions made through salary sacrifice arrangements. This clause does not apply where a superannuation fund cannot accept employer superannuation contributions (e.g. unable to accept contributions for people aged over 75).

42.6   Employer superannuation contributions will not be paid on behalf of an employee during periods of unpaid leave that does not count as service, except:

42.6.1     Where required under legislation, and/or

42.6.2    During periods of unpaid Maternity/Parental Leave (including Adoption and Foster Care Leave).

42.7   Existing Public Sector Superannuation (PSS) and Commonwealth Superannuation Scheme (CSS) arrangements will continue in accordance with the relevant legislation and requirements.

 

43       Supported wage system

An employee who is affected by a disability may be eligible for a supported wage. Details are set out in the supported salary rates and conditions in Attachment C.

 

44       Classifications and Broadbanding arrangements

44.1   The following Broadband groupings apply from the commencement of this Agreement:

          ASADA Level 1 (APS 1 and 2 broadband)       

          ASADA Level 2 (APS 3 and 4 broadband)

          ASADA Level 3 (APS 5 and 6 broadband)

          ASADA Level 4 (EL1)

          ASADA Level 5 (EL2)

44.2   Advancement through a broadband range is subject to satisfactory performance, work availability and the application of the merit principle.

44.3   Movement between classifications within the ASADA broadband may occur in the following ways:

44.3.1  on the basis of review in accordance with the ASADA Performance Management System in the employee’s current position;

44.3.2  by the assignment of new duties which reflect a higher work level standard within a broadband; or

44.3.3  the work undertaken is required by management at that level.

 

45       Review of jobs against work level standards

45.1   The Chief Executive Officer/Delegate may consider movements within ASADA broadband levels and EL classifications on the basis of proposals from Directors that indicate significant changes in work value measured against the relevant work level standard and in some circumstances, significant changes in the capability of individuals.

45.2   Proposals to the Chief Executive Officer/Delegate from Directors for movements on the basis of significant changes in work value of a job or on the basis of significant changes in the capability of an individual will include an assessment of:

45.2.1  duties performed against the ASADA Work Level Standards and the APS Integrated Leadership System; and

45.2.2  the capacity of the relevant employee to undertake the duties having regard to experience, qualifications and skills.

45.2.3  Other options that may be available.

45.3   Movements on the basis of work value will only be considered where there have been significant and sustained changes in the work value and not on the basis of changes in work volume.

 

46       Work level standards

The ASADA Work Level Standards, as amended from time to time, will be used in a number of ways including:

46.1   development and maintenance of ASADA’s establishment;

46.2   development of job descriptions;

46.3   development of selection criteria and other selection materials;

46.4   setting of an employee’s salary on engagement, promotion or movement to ASADA or assignment; and

46.5   learning and development strategies.

 

47       Peer recognition scheme

ASADA will support a peer recognition scheme throughout the life of this Agreement. This scheme is designed to encourage employees to recognise and reward exceptional contributions by their colleagues whether individually, as teams or as working groups.

 

PART B3       Allowances and Assistance

 

48       Higher duties allowance

48.1   Where an employee is required to temporarily perform higher duties for a continuous period of 5 working days or more, and accepts the full responsibility and accountability that attaches to the job, the Chief Executive Officer/Delegate will approve an appropriate amount of higher duties allowance for the entire period. The amount of higher duties allowance is the difference between the employee’s salary at his or her substantive level and the pay point at which he or she is being paid for the higher duties. It is normally paid at the bottom pay point of the temporary re-assignment level.

48.2   Where an employee is required to temporarily perform higher duties that constitute only part of the responsibility and accountability that normally attaches to the higher level position (partial performance) for a continuous period of 5 working days or more, the Chief Executive Officer/Delegate may approve an appropriate amount of higher duties allowance for the entire period. The amount of higher duties allowance in this instance is a reduced difference between the employee’s salary at his or her substantive level and the pay point at which he or she is being paid for the higher duties. It is normally paid at the bottom pay point of the temporary re-assignment level.

48.3   An employee who is receiving higher duties allowance, and has approved leave or observes a public holiday within the approved period, will continue to receive the allowance during that absence. However, the period of higher duties will not start at the beginning of a leave period.

 

49       Travel Allowance

49.1   All official travel must be approved by an authorised officer as defined in ASADA’s financial delegations prior to departure.

49.2   Current rates for travel related allowances/expenses are listed in ASADA’s Official Travel Financial Rule.  The Chief Finance Officer, will review and adjust, as necessary, in accordance with amounts issued by relevant government authorities.

 

 

50       First Aid Officer allowance

Where an employee possess the required qualifications for first aid at the minimum accreditation standard of Senior First Aid Certificate (Level 2 or equivalent), has continuing expertise commensurate with that training and is appointed as a First Aid Officer by the Chief Executive Officer/Delegate, they will be paid a First Aid Officer Allowance at the rate of $29.03 per fortnight from the Agreement commencement date and then $29.90 per fortnight from 1 July 2013.

 

51       Emergency Warden allowance

Where an employee has successfully undertaken relevant fire warden training and is appointed as an Emergency Warden by the Chief Executive Officer/Delegate. They will be paid an allowance of $19.70 per fortnight from the Agreement commencement date and then $20.29 per fortnight from 1 July 2013.

 

52       Health and Safety Representative allowance

Where an employee has successfully undertaken the relevant training and is appointed as a Health and Safety Representative by the Chief Executive Officer/Delegate, they will be paid an allowance at the rate of $19.70 per fortnight from the Agreement commencement date and then $20.29 per fortnight from 1 July 2013.  

 

53       Harassment and Diversity Contact Officer allowance

Where an employee has successfully undertaken relevant training and is appointed as an Harassment and Diversity Contact Officer by the Chief Executive Officer/Delegate, they will be paid an allowance of $19.70 per fortnight from the Agreement commencement date and then $20.29 per fortnight from 1 July 2013.

 

54       Professional payments assistance 

ASADA will pay for professional practice, membership or other fees for those employees in positions where the Chief Executive Officer has determined that those professional skills, qualifications and memberships are required

 

55       Health and fitness allowance

ASADA recognises that the health and fitness of its employees is paramount to the operations of ASADA. As a consequence ASADA will make available a reimbursement of up to $290 per annum for employees covered by Part B of this Agreement to be used for the purposes of health and fitness activities. This allowance will be available for payment 1 April to 31 March to reflect the fringe benefits taxation year.  

 

56       Doping Control Officer’s allowance

Full-time DCOs receive an annual allowance of $7,256.90 per annum from the date the Agreement commences and then $7,474.61 per annum from 1 July 2013 as compensation for their duty arrangements, see clause 23.6.

 

57       Restriction allowance

57.1   A restriction allowance will be paid where an employee at APS – EL1 is required and appointed by the Chief Executive Officer/Delegate to be on-call and available to respond to enquiries outside their ordinary hours of duty.

57.2   Where an employee is required to be on-call they will be entitled to be paid a restriction allowance of:

57.2.1  7.5 per cent of the hourly rate of salary for each hour restricted Monday to Friday;

57.2.2  10 per cent of the hourly rate of salary for each hour restricted Saturday and Sunday; and

57.2.3  15 per cent of the hourly rate of salary for each hour restricted on public holidays.

57.3   In addition employees will be entitled to $3.00 for each telephone request for advice received, providing a record and details of the telephone call is signed off and approved for payment by the employee’s Senior Executive Manager/Delegate. For further details on the application of the restriction allowance refer to ASADA’s Allowance Policy.

57.4   Where an employee is under restriction and is required to perform extra duty in the office, the relevant overtime provisions will apply, including reasonable travel time, refer clause 25.8.

57.5   The restriction allowance is not paid during any period that attracts overtime payment.

57.6   Payment of a restriction allowance will not be made to an employee who does not remain contactable or at the required degree of readiness to perform duties.

 

58       Home Office allowance

Where ASADA does not provide an office to on-going employees, a Home Office allowance will be available in accordance with ASADA’s Home Office Policy. This allowance will be $98.00 per fortnight from the Agreement commencement date and then $100.94 per fortnight from 1 July 2013.

 

59       Study assistance

ASADA supports on-going employees undertaking formal study and encourages eligible employees to apply for study assistance. Refer to the Study Assistance Policy for further details.

 

60       Reimbursement for loss or damage

The Chief Executive Officer/Delegate may approve reimbursement to an employee for loss or damage to clothing and/or personal effects, which occurred in the course of the employee’s work.

 

61       Other Payments

ASADA may compensate employees for any costs incurred in addition to what would reasonably be expected in their ordinary work. In determining this compensation, ASADA will have regard to the duration, nature and extent of the additional employee costs and the measures (if any) taken by ASADA to alleviate these costs. For example, motor vehicle expenses when the employee is using their own vehicle for work related travel, parking and tolls.

 

62       Meal Break Allowance

62.1   If employees are required to work additional duty for a continuous period of at least one hour outside the bandwidth which extends over a meal period, they will be paid a meal allowance in accordance with ASADA’s Travel Policy. For the purpose of this clause a meal period is:

 

          Monday to Friday                                                           6.30am – 7.00am

                                                                                                7.00pm – 7.30pm

          Saturday, Sunday and Public Holidays                           6.30am – 7.00am

                                                                                                12.30pm – 1.30pm

                                                                                                7.00pm – 7.30pm

62.2   If an employee is required and authorised to work for more than five continuous hours without a break to meet specific operational requirements they will be paid a meal allowance. Regardless of the reason for a meal allowance the amount will be consistent with the current rate as specified in ASADA’s Travel Policy. Authorisation for the payment of a meal allowance may be granted retrospectively.

 

63       Enhanced facilities

63.1   ASADA may provide offices with enhanced tea and coffee making facilities and filtered water.

63.2   Employees requesting additional enhanced facilities should make a business case to the Director People and Knowledge Management for consideration.

 

PART B4       Leave

 

64       Transfer of accrued leave

64.1   Where an employee moves (including a promotion or for an agreed period) from another agency where they were an on-going APS employee, the employee’s unused accrued annual leave and personal leave/carer’s leave (however described) will be recognised provided there is not more than two months break in continuity of service.

64.2   Where an employee is engaged as either an on-going or non-ongoing APS employee immediately following a period of ongoing employment in the Parliamentary Service or the ACT Government Service, the employee’s unused accrued annual leave and personal/carer’s leave (however described) will be recognised.

64.3   For the purpose of this clause:

64.3.1  APS employee has the same meaning as the Public Service Act 1999; and

64.3.2  Parliamentary Service refers to employment under the Parliamentary Services Act 1999.

 

65       Non-approval of leave

Where an employee has had a formal application for leave rejected, the Director will advise the employee of the reason(s) for the decision in writing, including reasons relating to operational requirements. The Director, the employee and, where the employee requests, a representative will meet to consider alternative arrangements if required.

 

 

66       Recognition of prior service

66.1   Prior service with organisations where the employee was previously employed under the Public Service Act 1999, the Parliamentary Service Act 1999, or from the ACT Government service, where there has been a break in service, for reasons other than redundancy, may be recognised for personal/carer’s leave purposes if the break in service is not more than 2 calendar months.

66.2   Prior service will be recognised for long service leave purposes in accordance with the Long Service Leave (Commonwealth Employees) Act 1976 if the break in service is not more than 12 months.

 

67       Blood donation

Where employees take time to donate blood during working hours, this time will be considered as time on duty. There is no need to use flex credits or other leave for this purpose.

 

68       Christmas shut down

68.1   ASADA ceases normal business from the close of business on the last working day before Christmas, with business resuming on the first working day after New Year’s Day.

68.2   Employees will be provided with time off for the working days between Christmas and New Year’s Day and will be paid in accordance with their ordinary hours of work.

68.3   Where an employee is absent on leave payment for the Christmas closedown provision will be in accordance with the entitlement for that form of leave (e.g. if on long service half pay, payment is on half pay).

68.4   There will be no deduction from annual or personal leave credits for the closedown period.

 

69       Public holidays                  

69.1   Employees will be entitled to the following public holidays each year on full pay:

  • New Year’s Day (1 January);
  • Australia Day (26 January);
  • Good Friday;
  • Easter Monday;
  • Anzac Day (25 April);
  • The Queen’s birthday holiday (on the day on which it is celebrated in a State or Territory or a region of a State or Territory);
  • Christmas Day (25 December);
  • Boxing Day (26 December); and
  • Any other day, or part-day, declared or prescribed by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of the State or Territory, as a public holiday, other than a day or part-day, or kind of day or part-day, that is excluded by the Fair Work regulations from counting as a public holiday.

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

69.3   Where an employee is required and approved by the Chief Executive Officer/Delegate to work on a public holiday, Easter Saturday or on the non-Public Holidays during the Christmas shutdown period, they will be entitled to overtime payment at the rate of double time and a half for hours worked, refer to clause 25.5.

69.4   An employee and the Chief Executive Officer/Delegate may agree to substitute any public holiday referred to in subclause 69.1 for a cultural or religious day of significance to the employee.

69.5   An employee may refuse on reasonable grounds a request to work on a public holiday.

69.6   Where an employee is on paid personal or annual leave at full or half pay on both sides of the public holiday, payment for the public holiday will be made at the employee’s normal rate of pay.

69.7   Where a public holiday falls during a period when an employee is absent on leave (other than annual leave or paid personal/carer’s leave) there is no entitlement to receive payment as a public holiday. Payment for that day would be in accordance with the entitlement for that form of leave (e.g. if on long service leave on half pay, payment is on half pay).           

 

70       Leave without pay 

Absences which do not count as service (such as leave without pay) totalling more than 25 working days reduce the accrual of leave in a manner proportionate with the period of absence. Absences less than 25 working days do not impact on the accrual of leave.

 

71       Annual leave

71.1   The purpose of annual leave is to provide employees with the opportunity for a reasonable break from work. It is also important for the health and wellbeing of employees that leave is taken within a reasonable period of its accrual and that planning for leave is incorporated into workload management.

71.2   A full-time employee is entitled to 20 days annual leave. Annual leave accrues on a pro rata basis for part-time employees. Annual leave accrues daily and is credited fortnightly. Annual leave counts as service for all purposes.

71.3   Annual leave accumulates from year to year.

71.4   Managers are to ensure that in any 12 month period, employees are given the opportunity to use leave. An employee must obtain their Director’s approval prior to taking any annual leave.

71.5   An employee with an accrued annual leave credit of 40 days or less may take some or all of his or her annual leave on half pay. A minimum of five consecutive working days must be taken.

71.6   Where an employee’s amount of accrued annual leave is approaching 40 days, the employee and the employee’s supervisor should discuss the situation and seek to agree on a leave management strategy to reduce the amount of accrued annual leave.

71.7   Where an employee has accrued 40 days or more of annual leave, the Chief Executive Officer/Delegate may require an employee to be absent from the workplace and take annual leave on one month’s written notice to the employee, unless the manager has in place a demonstrated strategy to reduce the accrued leave within three months. The Chief Executive Officer/Delegate may require an employee to take up to 10 days of annual leave in each instance. The employee may apply to take additional annual leave at this time and the application will be approved unless exceptional circumstances apply.

71.8   An employee may cash out accrued paid annual leave subject to the following conditions:

71.8.1  the employee may not cash out paid annual leave if the cashing out would result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

71.8.2  In order to cash out paid annual leave, the Chief Executive Officer/Delegate and the employee must make a separate agreement in writing for each cashing out of a particular amount of paid annual leave.

71.9   Where an employee cashes out accrued paid annual leave they must be paid at least the full amount that would have been payable to the employee had the employee taken the leave that the employee has foregone.

71.10 If an employee is ill during annual leave, the period of illness may be claimed by the employee as personal leave, upon the production of a medical certificate

71.11 If, when the employment of an employee ends, the employee has a period of untaken paid annual leave, ASADA must pay the employee the amount that would have been payable to the employee had the employee taken that period of leave.

71.12 In special circumstances annual leave may be approved by the employee’s SES Manager and taken in advance of the entitlement date up to a maximum of 10 days. Where this occurs an employee’s entitlement is reduced by the amount of any leave so advanced.

 

72       Purchased leave

72.1   Once in any 12 month period an employee may elect to purchase from 1 to 4 weeks leave.

72.2   Purchased leave will count for service for all purposes.

72.3   The employee’s salary for superannuation purposes continues to be their salary as if they had not purchased leave.

72.4   A reconciliation of purchased leave documents will be undertaken at the conclusion of the purchased leave period.

 

73       Personal/carer’s leave

73.1   Personal leave and carer’s leave may be used when an employee, or a member of their family or household, is ill or injured and is unable to attend for duty.

73.2   On-going employees will have a paid personal/carer’s leave entitlement of 18 days per year, credited in advance on the employee’s date of commencement with ASADA, and each year thereafter on the anniversary of the employee’s date of commencement at ASADA. On-going employees who transfer from another APS Agency at level or on promotion will accrue 18 days personal leave on their anniversary date of commencement as specified by the APS Agency the employee is departing.

73.3   Non-ongoing employees will progressively accrue personal/carer’s leave credits on the basis of one day for every completed month of service. If a non-ongoing employee continues to be employed after 12 months they will be credited with an additional 6 days personal leave.

73.4   Personal/carer’s leave accrues on a pro rata basis for part-time employees.

73.5   Personal/carer’s leave accumulates from year to year.

73.6   If an employee is unexpectedly unable to attend work the employee or his or her representative, should make a reasonable effort to notify the relevant supervisor before 9.30am.

73.7   If an employee takes more than 25 days leave that does not count as service within a 12 month period, the date of the next personal/carer’s leave credit will be deferred by that amount of days.

73.8   An employee is entitled to take personal/carer’s leave in the following circumstances:

73.8.1  where an employee is not fit for work due to personal illness or injury affecting the employee; or

73.8.2  to provide care or support to a member of the employee’s immediate family, or member of the employee’s household, who requires care or support because of a personal illness, or personal injury affecting the member or an unexpected emergency affecting the member.

73.8.3  Unanticipated circumstances including:

a.    Short term caring purposes where the employee is unable to organise alternative care when their child has a pupil-free day at school or the usual child-care arrangements are expectantly disrupted; or

b.  When the employee’s parent or partner needs their assistance due to frailty.

73.8.4  Personal purposes (e.g. accompanying a family member to a medical appointment to provide assistance and support).

73.9   An employee will provide a medical certificate or, where it is not practical to provide a medical certificate, a statutory declaration or other supporting evidence acceptable to his or her manager in the following circumstances:

73.9.1  where the employee is or will be absent on personal leave for four (4) or more consecutive working days, unless the manager informs the employee that such evidence will not be required; or

73.9.2  if the manager has reason to believe that the employee’s absence is not consistent with the appropriate use of personal leave.

73.10 An employee who takes large or frequent periods of personal leave may be directed to attend a medical examination under guidelines on fitness for continued duty, to determine whether continued personal leave is justified.

73.11 The Chief Executive Officer/Delegate may approve the conversion of personal leave to half pay for an employee for a specified absence where warranted.

73.12An employee cannot take unpaid carer’s leave if the employee could instead take paid personal/carer’s leave.

73.13Employees who are medically unfit for more than 1 day while on annual or long service leave and who produce satisfactory medical evidence may apply for personal/carer’s leave. Annual and long service leave will be re-credited to the extent of the period of personal leave approved.

73.14Employees are unable to access personal leave while on parental leave.

73.15Unused personal leave will not be paid out on termination of employment.

 

74       Long Service Leave

74.1   Long service leave will accrue and be available to eligible employees in accordance with the Long Service Leave (Commonwealth Employees) Act 1976.

74.2   An employee taking long service leave must do so for a minimum of 7 consecutive calendar days with the granting of such leave subject to operational requirements.

74.3   Periods of long service leave cannot be broken with periods of annual, flex leave or leave without pay except as provided for by the Maternity Leave (Commonwealth Employees) Act 1973 and the personal leave provisions of this Agreement.

 

75       Parental leave

75.1   An employee who has at least 12 months continuous service in the APS and is the primary caregiver is entitled to unpaid parental leave of up to 52 weeks (12 months) in accordance with the National Employment Standards (NES).

75.2   Upon request from the employee, ASADA will agree to an extension of unpaid parental leave for a further period of 12 months, immediately following the end of the initial 12 months period.

75.3   As per clause 21.5 an employee who is a parent, or has responsibility for the care of a school age child, or a child under 18 who has a disability and is returning from parental leave (see clause 21.4) may apply for flexible working arrangement (including working part-time).

75.4   A request made in accordance with clause 75.3 must be in writing and set out the details of the change sought. The Chief Executive Officer/Delegate will respond in writing within 21 days and will only refuse on reasonable business grounds.

75.5   On return from parental leave, an employee is entitled to return to:

75.5.1  the employee’s pre-parental leave position on the same employment and attendance basis prior to the leave; or

75.5.2  if the position no longer exists – an available position for which the employee is qualified and suited nearest in employment status and pay to the pre-parental leave position.          

 

76       Maternity leave

76.1   An employee is entitled up to 52 weeks maternity leave in accordance with the Maternity Leave (Commonwealth Employees) Act 1973 and/or Division 5 of Part-2-2 of the Fair Work Act 2009. The period of 52 weeks will be reduced by any period of leave taken under subclause 76.2.

76.2   An employee who is entitled to the twelve (12) weeks paid leave under the Maternity Leave (Commonwealth employees) Act 1973 is entitled to an additional three (3) weeks of paid maternity leave under the Agreement.

76.3   In order to provide for more flexible provisions for maternity leave, employees have the option to spread the payment of paid maternity leave over a period of up to 30 weeks at a rate of no less than half normal salary. The period of paid maternity leave will count as service for any purpose.

76.4   An employee returning to work from Maternity Leave may apply for flexible working arrangements, including part-time work as outlined in clauses 21.4 and 21.5.

 

77       Leave for supporting partners

77.1   An employee who is not the primary care giver to a dependent child is entitled to three (3) weeks of paid supporting partner’s leave immediately following the birth, adoption, or fostering of the dependent child.

77.2   The Chief Executive Officer/Delegate may approve spreading the period of paid leave over a maximum of 6 weeks at a rate of no less than half normal salary.

77.3   An employee with 12 months continuous service in the APS who becomes the primary care giver of a dependent child, following a period of supporting partners leave is entitled to a maximum of 52 weeks unpaid leave (not to count as service) from the date of birth of the dependent child. The maximum period of 52 weeks is reduced by any period of leave taken under subclauses 77.1 and 77.2.

 

78       Adoption leave

78.1   An employee with a period of qualifying service as per the Maternity Leave (Commonwealth Employees) Act 1973 who is the adoptive parent and primary carer of a newly adopted child is entitled to 15 weeks paid leave from the date of the placement of the child where:

78.1.1  the adoptive child is, or will be, under 16 years at the day of placement, or the expected day of placement;

78.1.2  the adoptive child has not, or will not have, lived continuously with the employee for a period of six months or more as at the day of placement; and

78.1.3  the adoptive child is not a child of the employee or the employee’s spouse or de facto partner.

78.2   The Chief Executive Officer/Delegate will approve spreading the period of paid leave over a maximum period of 30 continuous weeks at a rate no less than half normal pay.

78.3   An employee with 12 months continuous service in the APS who is the adoptive parent and primary carer of a newly adopted child (as determined by the Fair Work Act 2009) is entitled to a maximum of 52 weeks unpaid leave (not to count as service) from the date of the placement of the child. The maximum period of 52 weeks is reduced by any period of leave taken under clause 78.1.

78.4   Employees in the process of adopting a child may take up to 2 days paid leave (under miscellaneous leave provisions) to attend any interviews or examinations required to obtain adoption approval.

78.5   An employee returning to work from parental or adoption leave and who is the primary carer of the child may elect to work on a part-time basis until the child has reached school age in accordance with clauses 21.4 and 21.5.

 

79       Foster care leave

79.1   An employee with a period of qualifying service as per the Maternity Leave (Commonwealth Employees) Act 1973 who is the primary carer of a long term foster child is entitled to 15 weeks paid leave from the date of the placement of the child.

79.2   An employee may elect to take the 15 weeks payment for foster care leave over a maximum period of 30 weeks continuous weeks at a rate no less than half normal pay.

79.3   An employee who has 12 months continuous service in the APS and is in a long-term formal fostering arrangement may access up to 52 weeks unpaid leave. This leave is not to count as service.

79.4   The maximum period of 52 weeks is reduced by any period of leave taken under clause 79.1.

79.5   An employee returning to work from parental or adoption leave and who is the primary carer of the child may elect to work on a part-time basis until the child has reached school age in accordance with clauses 21.4 and 21.5.

 

80       Permanent care orders

80.1   An employee with a period of qualifying service as per the Maternity Leave (Commonwealth Employees) Act 1973 and is granted custody and guardianship of a child (up to the age of 18) as a result of a permanent care order, and is the primary carer of the child, will be entitled to 15 weeks paid leave from the date of the placement of the child. Permanent care order leave may be taken at half pay but any period of leave in excess of 14 weeks will not count as service for any purpose.

80.2   An employee with a period of qualifying service as per the Maternity Leave (Commonwealth Employees) Act 1973 and is granted custody and guardianship of a child as a result of a permanent care order and is the primary carer of the child may access up to 52 weeks unpaid leave. This leave is not to count as service.

80.3   The maximum period of 52 weeks is reduced by any period of leave taken under clause 80.1.

 

81       Compassionate/Bereavement Leave

81.1   Employees may take 3 days paid compassionate leave on each occasion that a member of their family, or household:

81.1.1 contracts or develops a personal illness that poses a serious threat to his or her life: or

81.1.2  sustains a personal injury that poses a serious threat to his or her life; or

81.1.3  dies.

81.2   Employees may take the period of leave as a single period of 3 days or any separate period which the SES Manager/Director and employee agree.

 

82       Miscellaneous leave

82.1   Miscellaneous leave may be granted with or without pay for a purpose not provided for elsewhere in this Agreement.

82.2   There is no automatic entitlement to miscellaneous leave. Applications are considered subject to the operating requirements of ASADA on a case by case basis. Appropriate supporting evidence relevant to the request, is to be provided with the application.

82.3   Miscellaneous leave will not be granted where another form of leave is more appropriate or to allow an employee to try another career.

82.4   Miscellaneous leave may be approved with or without pay and to count or not to count as service.

82.5   Examples of miscellaneous leave with pay include:

  • Cultural, religious and ceremonial duties  
  • NAIDOC week. (maximum of 2 days)
  • emergency leave for disasters;
  • moving house (maximum of 1 day per calendar year);
  • compassionate leave for special purposes (maximum of 2 days);
  • participation in State Emergency Service activities;
  • study leave;
  • jury service (please note, an employee who is on paid miscellaneous leave to undertake jury service is not eligible to receive jury fees);
  • participation in major international sporting events;
  • attendance at a child’s school or educational facility, where this is required or encouraged by the school or educational facility;
  • graduation;
  • in recognition of extraordinary circumstances, including but not limited to the involvement of ASADA employees in state of emergency situations such as bushfires, floods and earthquakes; and
  • volunteer community work  (maximum of 1 day per calendar year to volunteer with community organisations registered on the GoVolunteer website)

82.6   Examples of miscellaneous leave without pay include:

  • employment in the interests of ASADA or the APS;
  • accompanying a partner on an international posting;
  • long term learning and development such as full-time study;
  • volunteer community service work, in excess of the one day’s paid volunteer leave per calendar year; and
  • other purposes where other types of paid leave have been exhausted.

 

83       Community service (emergency management) leave      

Leave for participation in voluntary emergency management duties, including training, emergency service responses, reasonable recovery time, and ceremonial duties, will be approved. Further information in regards to community service leave is provided at sections 108 and 109 of the Fair Work Act. The CEO/Delegate may determine whether any or all of leave taken for participation in voluntary emergency management activities will be with pay.

 

84       Defence reserve leave

84.1   an employee may be granted leave (with or without pay) to enable the employee to fulfil Australian Defence Force (ADF) reserve and Continuous Full Time Service (CFTS) or cadet force obligations.

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

84.2   an employee is entitled to ADF reserve leave with pay, for up to four weeks during each financial year for the purpose of fulfilling service in the ADF Reserve. These purposes include training and operational duty as required.

84.3   During the employee’s first year of ADF reserve service, a further two weeks paid leave may be granted to facilitate participation in additional ADF Reserve training, including induction requirements.

84.4   With the exception of the additional two weeks in the first year of service, leave can be accumulated and taken over a period of two years to enable the employee to undertake training as a member of the ADF Reserves.

84.5   An employee who is an officer or instructor of cadets in a Cadet Force may be granted paid leave of up to three weeks each financial year to perform duties as an officer or instructor of Cadets. For these purposes ‘Cadet Force’ means the Australian Navy Cadets, Australian Army Cadets, or the Australian Air Force Cadets.

84.6   Defence Reserve leave counts as service for all purposes, except for unpaid leave to undertake CFTS. Unpaid leave for the purpose of CFTS counts for all purposes except Annual Leave.

84.7   Eligible employees may also apply for Annual Leave, long service leave or use flextime or make up time for the purpose of fulfilling ADF Reserve, CFTS or Cadet Force obligations.

84.8   Employees are to notify supervisors when the dates of ADF Reserve, CFTS or Cadet Force activities are known and/or changed.

84.9   Employees are not required to pay their tax free ADF reserve salary to ASADA in any circumstances.

 

85       Unauthorised absences

85.1   When an employee is absent from work without approval, reasonable efforts will be made to contact the employee and to establish the reason for the unauthorised absence.

85.2   When an employee is absent from work without approval, all salary and other benefits provided under this Agreement will cease to be available until the employee resumes work or is granted leave.

85.3   When an employee is absent from work without approval for 3 consecutive working days, action on the grounds of non-performance of duties may commence which may result in the employee’s employment being terminated.

85.4   A period of unauthorised absence does not count as service for any purpose.

 

Part B5          Workforce Planning

 

86       Learning and development

86.1   ASADA is committed to recognising the skills of its employees and building and refining those skills by providing a working environment which encourages continuous learning opportunities for its employees.

86.2   ASADA will identify learning and development needs of employees annually through the performance management process. Induction and learning and development activities will be prepared drawing on the work level standards, Public Service Integrated Leadership System and other relevant material.

86.3   Progress against individual learning and development agreements will be tracked by Directors through performance review discussions.

86.4   ASADA will continue to commit to investing in capability development initiatives to foster a learning culture.

86.5   ASADA will provide study assistance for employees as part of the Learning and Development program. All employees subject to this Agreement will be able to apply for assistance in accordance with ASADA’s Study Assistance Policy and Procedures.

86.6   ASADA aims to emphasise learning activities that:

86.6.1  have a clear connection with ASADA’s overall Strategic Plan; or

86.6.2  have a direct link with Work Group objectives; or

86.6.3  develops the skills and capabilities of Managers/supervisors to deliver ASADA objectives; or

86.6.4  assist employees’ on-going skill and career development.

86.7   ASADA is committed to providing adequate training support to accompany significant changes, innovations and improvements to work arrangements.

 

87       Performance management

87.1   The Performance and Career Enrichment Scheme (PACES) provides a framework to ensure the highest quality performance, leadership standards and practices throughout ASADA, together with tailored learning, development and career planning for all employees.

87.2   Effective performance management is critical to enable employees to understand their role and responsibilities and how they assist ASADA to achieve its goals and objectives.

87.3   The Performance and Career Enrichment Scheme aims to:

  • Foster a culture that supports active performance management and high performance;
  • Ensure that employees and managers are aware of what is expected of them individually and within a balanced focus on achieving key outcomes.
  • Provide a fair and transparent process for managing any identified underperformance;
  • Provide a mechanism for regular two-way feedback on performance;
  • Contribute to the ongoing development of employees and recognise that opportunities for learning and career development are a matter of joint responsibility between the employee and manager; and
  • Demonstrate how the employee’s individual work contributes to ASADA’s objectives.

87.4   All employees will be required to have a current performance and development agreement except non-ongoing engaged for a period of less than 3 continuous months.

87.5   All employees will receive a performance rating at the end of the performance cycle which will reflect their performance for key outcomes and observable behaviours.

87.6   The relevant guide for Performance Management is the Performance and Career Enrichment Scheme Procedures. The Workplace Consultative Committee will review the operation of the performance management scheme and propose changes throughout the life of the Agreement.

87.7   Where underperformance is identified, ASADA will work with affected employees and their managers to attain and sustain the standards required.

87.8   Underperformance is identified when a manager makes an assessment that an employee’s performance is unsatisfactory, and this notified to the employee.

87.9   ASADA shall have regard to the following during any underperformance process:

87.9.1  streamlined and efficient processes;

87.9.2  working with the employee to restore performance of the employee to an acceptable level;

87.9.3  natural justice and procedural fairness;

87.9.4  learning and development assistance for improving performance;

87.9.5  active performance management as an integral part of the workplace culture; and

87.9.6  performance measures and standards to be clearly defined.

87.10 Any decision by ASADA on action arising as a result of underperformance will not be made until the employee has been advised in writing of the proposed action and has had a reasonable opportunity to respond.

87.11 The employee may be supported by a person of their choice during the process and for any meetings that are relevant to the process.

87.12 Further information on managing underperformance is contained in the Performance and Career Scheme Enrichment Procedures.

 

Part B6         Cessation of Employment

           

88       Redeployment and Redundancy

 

General arrangements

88.1   These provisions apply only to ongoing APS employees. They do not apply to employees on probation or non-ongoing employees.

88.2   An employee is an excess employee if:

88.2.1  the employee is included in a class of employees employed in ASADA which comprises a greater number of employees than is necessary for the efficient and economical working of ASADA; or

88.2.2  the services of the employee cannot be used effectively because of technological or other changes in the work methods of ASADA or changes in the nature, extent or organisation of the functions of ASADA; or

88.2.3  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 CEO has determined that these provisions will apply to that employee.

88.3   ASADA will manage the redeployment of excess employees under clause 88 in a manner consistent with the APS Redeployment Policy (as amended from time to time).

 

89       Consultation process

89.1   Employees who are likely to become excess will be advised in writing by the Chief Executive Officer as soon as practicable of the reasons of this position.

89.2   Within 30 calendar days the Chief Executive Officer will hold discussions with the employee, and or where they choose, the employee’s nominated representative, to consider:

89.2.1  reasons for the excess employee’s situation and the method used to determine excess employees;

89.2.2  measures that could be taken to resolve the situation, including redeployment opportunities for the employee at or below level;

89.2.3  job swaps at  level;

89.2.4  referral to an appropriate employment agency; and

89.2.5  whether voluntary retrenchment might be appropriate.

89.3   Where 15 or more employees are likely to become excess, the Chief Executive Officer will comply with the provisions of sections 530 and 531 of the Fair Work Act.

89.4   The Chief Executive Officer, may prior to the conclusion of these discussions, invite employees who are not excess employees to express interest in voluntary retrenchment, where the retrenchment of those employees would permit the redeployment of employees who are in a redundancy situation and who would otherwise remain excess.

89.5   ASADA is committed to assisting employees in pursuing redeployment opportunities within ASADA or other APS Agencies.

89.6   An excess employee who declines an offer of voluntary retrenchment or does not accept the offer within the 30 day period will be immediately referred to a redeployment program, unless the employee was referred prior to receiving the offer, and a retention period will commence in accordance with clause 94.

           

90       Voluntary Retrenchment

90.1   Where the Chief Executive Officer invites an excess employee to accept voluntary retrenchment, the employee will have one calendar month in which to accept the offer. Where the offer is accepted the Chief Executive Officer will not give notice of termination before the end of that period, without the agreement of the employee.

90.2   Within that month an employee invited to accept voluntary retrenchment will be given information on the:

90.2.1  amount of severance pay, pay in lieu of notice and accrued annual and long service leave credits;

90.2.2  amount of accumulated superannuation contributions;

90.2.3  options open to the employee concerning superannuation;

90.2.4  taxation rules applying to the various payments; and

90.2.5  availability of assistance up to a maximum amount of $450 for financial advice.

90.3   Only one formal offer of voluntary retrenchment will be made to an excess employee.

 

91       Notice period

91.1  An employee who accepts voluntary retrenchment and whose employment is terminated by the Chief Executive Officer under section 29 of the APS Act. The period of notice will be four weeks (or 5 weeks for an employee over 45 with at least five years of continuous service).

91.2   Where an employee is terminated at the beginning of, or within, the notice period, the employee will receive payment in lieu of notice as set out in clause 91.1 for the unexpired portion of the notice period.

 

92       Severance benefit

92.1   An employee who accepts an offer of voluntary retrenchment and whose employment is terminated by the Chief Executive Officer under section 29 of the PS Act on the grounds that they are excess to requirements is entitled to be paid a sum equal to two 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.

92.2   The minimum amount payable will be four weeks’ salary and the maximum will be 48 weeks’ salary subject to any minimum amount the employee is entitled to under the National Employment Standard.

92.3   Severance payments involving part-time employees will be calculated on a pro-rata basis for any period where they have worked part-time hours during their period of service and where they have less than the equivalent 24 years full-time service, subject to any minimum amount the employee is entitled to under the NES.

92.4   Service for severance pay purposes means:

92.4.1  service in ASADA;

92.4.2  Government service as defined in section 10 of the Long Service Leave (Commonwealth Employees) Act 1976;

92.4.3  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;

92.4.4  service with the Australian Defence Forces;

92.4.5  APS service immediately preceding deemed resignation under the repealed Section 49 of the repealed Public Service Act 1922 if the service has not previously been recognised for severance pay purposes; and

92.4.6  service in another organisation where the employee was moved from the APS to give effect to an administrative re-arrangement, or an employee of that organisation is engaged as an APS employee as a result of an administrative re-arrangement, and such service is recognised for long service leave purposes.

92.5   Service that will not count as service for severance pay purposes is any period of service which ceased through termination on the following grounds:

92.5.1  the employee lacks , or has lost, an essential qualification for performing his or her duties;

92.5.2  non-performance, or unsatisfactory performance, of duties;

92.5.3  inability to perform duties because of a physical or mental capacity;

92.5.4  failure to satisfactorily complete an entry level training course;

93.5.5  failure to meet a condition of engagement imposed under subsection 22(6) of the PS Act;

92.5.6  a breach of the Code of Conduct; or

92.5.7  any other ground prescribed by the Public Service Regulations; or

92.5.8  on a ground equivalent to those above under the repealed Public Service Act 1922; or

92.5.9  through voluntary retirement at or above the minimum retiring age applicable to the employee; or

92.5.10   with the payment of a retrenchment benefit or similar payment or an employer financed retirement benefit.

92.6   For earlier periods of service to count as severance pay, there must be no breaks between periods of service, except where:

92.6.1  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

92.6.2  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.

 

93       Severance benefit – rate of payment

93.1   Salary for severance pay purposes will include:

93.1.1  the employee’s salary at their substantive classification level: or

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

93.1.3  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.

 

94       Retention period

94.1   The purpose of the retention period is to allow an employee to continue to remain employed whilst attempting to secure alternative employment.

94.2   Unless the employee agrees, the employment of an excess employee who does not accept an offer of a voluntary retrenchment will not be terminated under section 29 of the PS Act until the following applicable retention period has elapsed:

94.2.1  13 months where an employee has 20 or more years of service or is over 45 years of age; or

94.2.2  seven months for other employees.

94.3   If an employee is entitled to a redundancy payment in accordance with the National Employment Standards (NES) the relevant period in clause 94.2 will be reduced by the number of weeks redundancy pay that the employee will be entitled under the NES on termination of employment, as at the expiration of the retention period (as adjusted by this clause).

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

94.4.1 the day the employee is advised in writing by the CEO that he/she is an excess employee; or

94.4.2  30 days after the day on which the CEO invites the employee to accept voluntarily retrenchment.

94.5   The retention period and the notice period may be extended by any periods of paid personal/carer’s leave not exceeding 26 weeks, which is supported by medical evidence, taken in these periods.

94.6   During the retention period the Chief Executive Officer:

94.6.1  will continue to take reasonable steps to find alternative employment for the excess employee; and/or

94.6.2  may with four weeks’ notice, transfer the excess employee to a job with a lower classification.

94.6.3  If an employee’s classification is reduced during the retention period, the employee will continue to be paid at his or her previous level of salary for the balance of the retention period.

94.7   Where the CEO believes there is insufficient productive work available for the excess employee during the retention period, and there is no reasonable redeployment prospects in the APS the CEO may, with the agreement of the excess employee, terminate the employee’s employment under section 29 of the PS Act on the grounds that he/she is excess to requirements.

94.8   Upon termination the employee will be paid a lump sum comprising:

94.8.1  the balance of the retention period (as shortened for the NES under clause 94.3 above) and this payment will be taken to include the payment in lieu of notice of termination of employment: and

94.8.2  the employee’s NES entitlement to redundancy.

 

95       Involuntary Retrenchment

95.1   At the end of the retention period, the CEO, subject to redeployment, may involuntarily retrench the excess employee under section 29 of the PS Act.

95.2   An excess employee’s employment will not be terminated if the employee has not been invited to accept an offer of voluntary retrenchment, or has elected to be retrenched but the CEO has refused to approve it.

95.3   An excess employee’s employment will not be terminated without him/her being given four weeks notice (or five weeks’ notice for an employee over 45 years of age with at least five years of continuous service, or any employee with 20 years or more service) of termination, or payment in lieu of notice. Wherever possible, this notice period will be concurrent with the retention period.

95.4   Payments of severance benefit under clause 92.1 do not apply to employees whose employment is terminated following the retention period.

 

96       Payment on Death

Where an employee dies, or is presumed to have died on a particular date, the CEO may authorise a payment to be made to the dependants or partner or the legal representative of the employee of the amount which the former employee would have been entitled had he or she ceased employment on resignation or retirement. Long service leave credits will be paid out in accordance with the Long Service Leave Act (Commonwealth employees) 1976.

 

 

PART C          CASUAL EMPLOYEES GENERAL EMPLOYMENT CONDITIONS

 

Part C1          General Arrangements

 

97       Casual Employees

97.1   Part C is to be read in conjunction with Part A of this Agreement.

97.2   Employees engaged on a casual basis will receive a 25 percent loading. This loading is paid in lieu of public holidays not worked and paid leave (annual leave and personal leave, with the exception of long service leave (as per the Long Service Leave (Commonwealth Employees) Act 1976).

97.3   A casual employee rostered to work on a public holiday as defined in Part A will receive payment for that day at their normal rate of pay.

97.4   Casual conditions of employment will be reviewed during the life of the Agreement and in consultation with the Workplace Consultative Committee.

 

Part C2          Working Arrangements

 

98       Flexible working arrangements

98.1   A long term casual employee within the meaning of the Fair Work Act 2009 returning from parental leave who has care of a child who is under school age or under 18 and has a disability may apply for flexible working arrangements.  The employee is not eligible to make this request unless they are a long term casual employee (i.e. employed on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months) immediately before making the request and has reasonable expectation of continuing employment on a regular and systematic basis as defined at s12 of the Fair Work Act 2009.

98.2   A request made in accordance with clause 98.1, or for periods of long term absences (e.g. planned holidays, long service leave),  must be in writing and set out details of the arrangements sought. The Chief Executive Officer/Delegate will respond in writing within 21 days and will only refuse on reasonable business grounds. Where the request is refused, the response will include reasons for the refusal. 

98.3   It is important that managers and employees recognise and accept their mutual responsibility to integrate the management of working hours and leave planning, including flexible working arrangements, into the overall approach of business and workforce planning.

 

99       Hours of work

99.1   A casual employee will carry out duties at such times and on such days determined by ASADA following acceptance of an offer of engagement by the employee. In accordance with the Fair Work Act employees have the right to decline to work unreasonable hours of work.

99.2   Subject to clause 99.4, each separate sample collection session, re-accreditation session, training session or education presentation represents a separate period of engagement and this Agreement does not guarantee any on-going, continuing or further engagement of the employee.

99.3   Period of engagement:

          99.3.1     Casual Doping Control Officer (DCO):

(a)  Subject to clause 99.4, a period of engagement for a “primary” DCO commences when the employee leaves home bound direct for a sample collection session and finishes when the employee arrives home direct from a testing session. The start and finish times reflect the responsibility of the employee for the security and safe transport of critical materials for sample collection, such as testing kits, paperwork and athlete information.

(b)  Where the employee is attending a sample collection session as a “second” DCO and does not have responsibility for the transportation of any kits, paperwork or athlete information, the period of engagement commences at the time the employee is required to arrive at the testing session, irrespective of whether the employee arrives earlier. The finish time is the time that the employee completes the sample collection session. If the employee arrives late to a sample collection session, ASADA may, at their discretion, terminate that engagement period or reduce the period of engagement.

(c)  Subject to clause 99.4, if the employee is required for a sample collection session later on the same day as an earlier engagement, the start time for the new engagement will be the time the employee is required to start at the later testing session.

99.3.2     Casual Chaperone

A period of engagement commences at the time the employee is required to arrive at the sample collection venue for duty, irrespective of whether the employee arrives at the sample collection venue earlier. If the employee arrives late to a sample collection session, ASADA may, at its discretion, terminate that engagement period or reduce the period of engagement.

99.3.3     Casual Education Presenter

A period of engagement commences at the time the employee is required to arrive at the education venue for duty, irrespective of whether the employee arrives at the education venue earlier. If the employee arrives late to an education session, ASADA may, at its discretion, terminate that engagement period or reduce the period of engagement.

99.4   Unless otherwise agreed to prior to the commencement of an engagement, if the employee has a two hour or less break between two engagements period, the break will be treated as paid time for all purposes other than time taken for meal breaks which must be at least 30 minutes. That is, the engagement period will be deemed to have commenced at the start of the engagement period prior to the break and will end at the cessation of the engagement period after the break.

 

100     Minimum Periods

100.1 The casual employee will be entitled to a two hour minimum payment for each employment period for sample collection or education session work only, unless the employment period is on a public holiday, in which case the minimum payment will be four hours.

100.2 No minimum period applies to administrative work carried out by DCOs and Education Presenters. This payment will be based on actual time worked.

100.3 A minimum payment of two hours applies if a sample collection or education session is cancelled with less than 48 hours notice.

100.4 In addition, where the employee performs work without being given a minimum 48 hours notice, they will receive an additional two hours payment.

 

101     Overtime

101.1 Casual employees will be entitled to be paid overtime if he/she is required to work for more than 8 hours in any one day (from midnight to midnight), or 38 hours in any 7 day period from Monday to Sunday. 

101.2 Where overtime is worked recompense is calculated at the following rate:

101.2.1 Monday to Saturday                  Time and a half for the first 3 hours of overtime worked each day and double time thereafter.

 101.2.2                Sunday                       Double time for hours worked.

                                       101.2.3            Public Holiday              Double time and a half for hours worked.

 

101.3 Where any employment period for which overtime is payable includes duty before and after midnight on days with different overtime rates, the rates payable are as follows:

101.3.1   Where the rates payable in the period after midnight are higher than the rates payable before midnight, the employee will be paid overtime in accordance with the rate for each part of the employment period.

101.3.2   Where the rates payable in the period after midnight are lower than the rates payable before midnight, the employee will be paid the higher rate for the entire period of employment to which the overtime rates apply.

 

102     Meal breaks

102.1 The employee will be entitled to an unpaid meal break of at least thirty (30) minutes where the employment period exceeds five (5) continuous hours work due to operational requirements. The timing and length of the meal break is to be determined between the employee and the relevant agency staff.

102.2 Where the employee is unable to take a meal break after five (5) continuous hours work due to operational requirements, then the meal allowance detailed in clause 102.3 will be paid to the employee at the time(s) specified.

102.3 The employee will receive a payment as determined by the most recent rate provided by the Australian Taxation Office at the following intervals:

  • Five hours;
  • Eight hours; and
  • Twelve hours

if a meal break has not been able to be taken by the employee from the start of the period of engagement.

 

103     Uniforms

103.1 ASADA uniforms and photo accreditation will be provided to the casual employee for use by the employee only in the course of his/her employment with ASADA.

103.2 The casual employee is responsible for the cleaning and maintenance of their uniform, and will be provided with a new uniform in the event that his/her existing uniform becomes worn or damaged.

103.3 The casual employee must return the uniform and accreditation photo if employment is terminated.

103.4 Casual DCOs and Chaperones will be provided with official uniforms as required. These uniforms must:

103.4.1   be returned to ASADA within 10 working days of resignation;

103.4.2   be returned to ASADA within 10 working days of the provision of new or replacement uniforms; and

103.4.3   not worn for any other purpose than sample collection.

 

104     Time sheets

104.1 Following a sample collection or education session, the casual employee must complete and submit timesheets in a timely manner and in the format provided, unless another arrangement has been made.

104.2 Separate timesheets are to be submitted for each period of engagement where the employee has performed duties of more than one role.

104.3 Further information on the submission of timesheets can be found in the Sample Collection Manual.

 

105     Travelling on official duty

105.1 Travel arrangements including travel allowance will be paid at rates outlined in ASADA’s Travel Policy. Travel allowances cover costs associated with meals and incidentals. In most cases, accommodation will be booked and paid in advance.

105.2 All travel must be approved by the employee’s SES Manager prior to travel.

105.3 Casual employees travelling overseas will be in accordance with ASADA’s Travel Policy and require the Chief Executive Officer’s approval.

 

106     Training and accreditation 

106.1 Casual employees may be required from time to time at the direction of ASADA to undertake training to obtain or maintain accreditation required for the performance of his/her duties. The time taken to undertake this training will be paid in accordance with the payment rates for the casual classifications.

106.2 Casual employees who have not undertaken the required training and accreditation as directed by ASADA cannot be engaged by ASADA to perform duties.

107     Performance management

107.1 The Casual Field Staff Performance Management Policy provides a framework to ensure the highest quality performance, leadership standards, and practices are maintained.

107.2 The operation of the casual field staff performance management process will be reviewed by the Workplace Consultative Committee throughout the life of the Agreement.

107.3 Where underperformance is identified, ASADA will work with affected employees and their managers to attain the standards required.

107.4 Underperformance is identified when a manager makes an assessment that an employee’s performance is unsatisfactory, and this is notified to the employee.

107.5 ASADA shall have regard to the following during any underperformance process:

          107.5.1   streamlined and efficient processes;107.5.2  working with the employee to restore performance of the employee to an acceptable level;

          107.5.3   natural justice and procedural fairness;

          107.5.4   learning and development assistance for improving performance;

107.5.5  active performance management as an integral part of the workplace culture; and

          107.5.6   performance measures and standards to be clearly defined.

107.6 Any decision by ASADA on action arising as a result of underperformance will not be made until the employee has been advised in writing of the proposed action and has had a reasonable opportunity to respond.

107.7 The employee may be supported by a person of their choice during the process and for any meetings that are relevant to the process.

 

Part C3          Remuneration

 

108     Rates of Pay

108.1 The classifications and salary rates applicable during the term of this Agreement are provided at Attachment B.

108.2 In recognition of productivity gains, the rates of pay will increase:

  • 3.67% on commencement
  • 3% on 1 July 2013

           

109     Payment of salary

109.1 Casual employees will be paid fortnightly in arrears based on the following formula:

                                                Annual salary x12                   Actual hours worked

                    Fortnight pay =                         313                  ÷ 75 x        in fortnight                x 1.25

109.2 The hourly rate is inclusive of a loading of 25% in lieu of personal leave, annual leave and public holidays and penalty payments for work conducted on weekends and public holidays.

 

110     Overpayment of salary

Where an employee is overpaid an amount of salary or other remuneration the employee authorises ASADA to deduct the amount of the overpayment from the next salary instalment unless other arrangements are agreed. If the deduction would exceed 25% of the total salary instalment payable, the Chief Executive Officer/Delegate and the employee may agree, in writing, on deduction by instalment to recover the overpayment.

 

111     Superannuation

111.1 ASADA will make compulsory employer contributions as required by the applicable legislation.

111.2 An employee may choose any approved superannuation fund as long as the fund can accept employer contributions to be paid through fortnightly electronic funds transfer.

112.3 The default fund for ASADA is the Public Sector Superannuation Accumulation Plan (PSSap).

111.4Employer contributions to the PSSap will be 15.4% of the employee’s fortnightly superannuation contribution salary. Employer contributions for employees in other accumulation schemes will be the same as for employees in PSSap.

111.5   Employer contributions will not be reduced by any other contributions made through salary sacrifice arrangements. This clause does not apply where a superannuation fund cannot accept employer superannuation contributions (e.g. unable to accept contributions for people aged over 75). 

111.6   Employer superannuation contributions will not be paid on behalf of an employee during periods of unpaid leave that does not count as service, except where required under legislation.

111.7   Existing Public Sector Superannuation (PSS) and Commonwealth Superannuation Scheme (CSS) arrangements will continue in accordance with the relevant legislation and requirements.

 

112     Resignation

112.1   Employees must provide two weeks written notice of their intention to resign to their Director.

112.2   Where an employee ceases duty in the APS, he/she will receive payment in lieu, calculated at the employee’s final rate of salary, for any long service entitlement.

 

Part C4          Allowances and Assistance

 

113     Mobile Phone and IT expenses (Casual DCOs and Casual Education Presenters only)

113.1 Casual DCOs will be supplied with a mobile phone to be used for ASADA business only.

113.2 Where a casual DCO or Education Presenter accesses ASADA related e-mail and/or faxes from his/her home, the employee will be entitled to an IT allowance of $250 per annum from the Agreement commencement date, and then $257.50 per annum from 1 July 2013, paid quarterly in arrears.  However, if a casual DCO has incurred higher IT expenses ASADA will consider further assistance on a case by case basis.

 

114     Equipment (Casual DCOs only)

114.1 Where the casual employee is unable to access a state office for equipment storage, the employee will be paid an allowance of $155.51 per square meter per year from the Agreement commencement date, and then $160.17 per square metre per year from 1 July 2013, for storage of drug testing equipment. This payment will be made quarterly in arrears.

114.2 Where the casual employee has been provided with a freezer for the purpose of storing samples, the employee will be paid an annual reimbursement of $60 from the Agreement commencement date, and then $61.80 from 1 July 2013, for electricity and $88.12 from the Agreement commencement date, and then $90.76 from 1 July 2013, for storage. These reimbursements will be paid annually in arrears

 

115     Travel – kilometres

115.1 Where the casual employee is required to use their own vehicle to attend a sample collection/education session the employee will be paid for all kilometres travelled in excess of a 40 kilometre round trip.

115.2 Where the primary DCO has responsibility for organising the testing mission, including ensuring all appropriate equipment and/or samples transportation, the employee will be paid for all kilometres travelled.

115.3 The rate for reimbursement for kilometres travelled will reflect the current rate as prescribed by the Australian Taxation Office.

 

116     Travel Time       

116.1 Where the primary DCO has responsibility for organising the testing mission, including ensuring all appropriate equipment and/or samples transportation, the employee will be paid for all travel time to and from the testing session.

116.2 Where the casual employee is a “second” DCO, and not responsible for organising the testing mission and transporting equipment and/or samples, or a casual chaperone the employee may only claim travel time which is in excess of one (1) hour on a round trip to attend a testing session.

 

117     Out of Pocket Expenses

117.1 A casual employee is entitled to be reimbursed for out of pocket expenses incurred during a period of engagement including education presentations and/or sample collection sessions upon presentation of supporting documentation. Such expenses include all parking fees and any tolls paid during travel to and from the sample collection/education session venue.

117.2 Additional out of pocket expenses may be approved in accordance with financial delegation requirements and include:

  • except where an ASADA mobile phone has been provided, all calls on ASADA related activities will be reimbursed.
  • petrol for hire cars, where refuelling is required during or at the end of a journey;
  • special equipment, including hire fees for snow chains, special clothing or other requirements.

All expenses must be evidenced by appropriate receipts and approved, except where stated otherwise, and attached to the relevant documentation before they can be reimbursed.

 

Part C5                     Leave

 

118     Long Service Leave

118.1 Long service leave will accrue and be available to eligible employees in accordance with the Long Service Leave (Commonwealth Employees) Act 1976.

118.2 An employee taking long service leave must do so for a minimum of 7 consecutive calendar days with the granting of such leave subject to operational requirements.

 

119     Compassionate Leave

119.1 A casual employee may access three days of unpaid leave on each occasion that Compassionate Leave is required, and access will be on the same terms as paid compassionate Leave as outlined in clauses 119.2.

119.2 Employees may take 3 days unpaid compassionate leave on each occasion that a member of their family, or household:

119.2.1   contracts or develops a personal illness that poses a serious threat to his or her life: or

119.2.2  sustains a personal injury that poses a serious threat to his or her life; or

119.2.3  dies.

119.3 Employees may take the period of leave as a single period of 3 days or any separate period which the SES Manager/Director and employee agree.

 

 

PART D – FORMAL ACCEPTANCE OF THIS AGREEMENT

By signing below the employer and the union bound by the Agreement signify their agreement to its terms.

Signatures of the ASADA CEO and Community and Public Sector Union on 2 and 1 August 2012 respectively.

 

 

Attachment A          Salary Ranges and Salary Points

 

ASADA  Levels

Pre-commence-ment rate

On Commencement

3.67%

 

1 July 2013

3%

Comments

APS 1

ASADA Level 1

$36,014

$37,336

$38,456

 

 

 

 $38,175

$39,576

$40,769

 

 

 

$40,295

$41,774

$42,027

 

 

 

$42,712

$44,280

$45,608

 

 

 

 

 

 

 

APS 2

 

$45,002

$46,654

$48,053

 

 

 

$47,647

$49,396

$50,878

 

 

 

$50,291

$52,137

$53,701

 

 

 

$53,139

$55,089

$56,742

 

 

 

 

 

 

 

APS 3

ASADA Level 2

$54,893

 

$56,908

 

$58,615

 

 

 

$57,090

$59,185

$60,961

 

 

 

$59,288

$61,464

$63,308

 

 

 

$61,573

 

$63,833

 

 

$65,748

Position review required to progress to next step

APS 4

 

$65,047

$67,434

$69,457

 

 

 

$67,005

$69,464

$71,548

 

 

 

$69,212

$71,752

$73,905

 

 

 

$71,526

$74,151

$76,376

 

 

 

**$73,374

 

 

 

$76,067

 

 

 

$78,349

** Applies to staff transferred to this rate at the time of introduction of new salary structure in 2009

 

 

 

 

 

 

APS 5

ASADA Level 3

$73,375

 

$76,068

 

$78,350

 

 

 

$75,191

$77,950

$80,289

 

 

 

$77,288

$80,124

$82,528

 

 

 

$79,663

$82,587

$85,064

 

 

 

**$81,702

 

 

 

$84,700

 

 

 

$87,241

** Applies to staff transferred to this rate at the time of introduction of new salary structure in 2009

 

 

 

 

 

Position review required to progress to next step

APS 6

 

$82,497

$85,525

$88,090

 

 

 

$84,683

$87,791

$90,425

 

 

 

$87,185

$90,385

$93,096

 

 

 

$90,033

$93,337

$96,137

 

 

 

 

 

 

 

EL 1

ASADA Level 4

$94,784

$98,263

 

$101,210

 

 

 

$97,410

$100,985

$104,014

 

 

 

$100,327

$104,009

$107,129

 

 

 

$103,303

$107,094

$110,307

 

 

 

 

 

 

 

EL 2

ASADA Level 5

$107,153

 

$111,086

 

$114,418

 

 

 

$114,515

$118,718

$122,279

 

 

 

$122,603

$127,103

$130,916

 

 

 

$129,300

$134,045

$138,067

 

 

 

Attachment B                      Casual Salary Rates

 

Casual Chaperone (APS 1)

 

Pre-commencement rate

On commencement

3.67%

 

1 July 2013

3%

$23.01per hour 

 

$23.85 per hour

 

$24.57 per hour

 

 

Casual Trainee Doping Control Officer (APS 3)

 

 

Pre-commencement rate

On commencement

3.67%

 

1 July 2013

3%

 

$35.59 per hour

 

$36.90 per hour

 

$38.00 per hour

 

 

 

Casual Doping Control Officer and Education Presenters (APS 3)

 

 

Pre-commencement rate

On commencement

3.67%

 

1 July 2013

3%

 

$39.96 per hour

 

$41.43 per hour

 

$42.67 per hour

 

 

Note: The rates provided for casual salary rates includes a 25 percent casual loading in lieu of public holidays and paid leave, with the exception of long service leave (as part of the Long Service Leave (Commonwealth Employees) Act 1976).

 

Unless specified elsewhere in this Agreement, casual employees are not entitled to paid leave.

 

ATTACHMENT C

 

SUPPORTED SALARY PAYMENTS FOR EMPLOYEES WITH A DISABILITY

 

1.     Workers Eligible for a Supported Wage

1.1   These provisions define 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 these provisions, the following definitions will apply:

Supported wage system        means the Commonwealth government system to promote employment for people who cannot work at full wages because of a disability, as documented in “Supported Wage System Guidelines and Assessment Process”.

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

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

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

2.         Eligibility Criteria

2.1  Employees covered by these provisions will be those who are unable to perform the range of duties of the competence level required within the class of work for which the employee is engaged under this Agreement, because of the effects of a disability on their productive capacity and who meet the impairment criteria test for a Disability Support Pension.

2.2  These provisions do not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers’ compensation legislation or any provision of this Agreement relating to the rehabilitation of employees who are injured in the course of their employment.

2.3  These provision also do not apply in respect of any facility, program, undertaking, service or the like which receives funding under the Disability Service Act 1966 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 s. 10 of s. 12A of that Act or if a part only has received recognition, that part.

 

3.         Supported Salary Rates

 

Employees to whom these provisions apply shall be paid the applicable percentage of the salary prescribed by this Agreement for the class of work which the person is performing according to the following schedule:

 

Assessed Capacity                               % of prescribed

(Clause 4)                                                salary *

 

   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 the applicable Supported Wage minimum rate as determined by the AIRC or such other organisation that may be authorised by legislation to determine this rate from time to time.

^ When an Employee’s assessed capacity is 10%, they shall receive a high degree of assistance and support.

 

4.         Assessment of Capacity and Lodgement of Assessment Instrument

4.1  For the purpose of establishing the percentage of the salary rate 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 documentation in an assessment instrument.

4.2  All assessment instruments under the conditions of these provisions, including the appropriate percentage of the Agreement wage to be paid to the employee, shall be:

4.2.1   lodged by the Chief Executive Officer with the Register of the AIRC; and

4.2.2   agreed and signed by the parties to the assessment.

 

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 assessment under the Supported Wage System.

 

6.         Other Employment Conditions

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 Employees covered by this Agreement paid on  pro rata basis.

 

7.         Workplace Adjustment

Where the Chief Executive Officer employs a person under the provisions of this Attachment, he or she shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements, work organisation and special  furniture where applicable, in consultation with the Director and other Employees in the relevant work area.

 

8.         Trial Period

8.1   In order for an adequate assessment of the employee’s capacity to be made, the  Chief Executive Officer 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 needed.

8.2   During that trial period, the assessment of capacity shall be undertaken and the proposed  wage rate for a continuing employment relationship shall be determined.

8.3  The minimum amount payable to the Employee during the trial period shall be no less than $56.00 per week.

8.4  Where the Chief Executive Officer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further period of engagement shall be entered into based on the outcome of assessment under Clause 5 of this Attachment.