Enterprise Agreement 2017-20

The purpose of the Agreement is to provide terms and conditions of employment to employees covered by the Agreement.

ASADA Enterprise Agreement 2017-20 - PDF

 

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 2017-20.
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 (CEO) of the Australian Sports Anti-Doping authority, or a person acting in that position, or his or her delegate.
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;
  • the CEO is satisfied 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 whose long-term care the Employee has assumed primary responsibility; who is, or will be, under 16 years of age at the time of placement; and who 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 CEO, 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.
Ongoing Employee An employee engaged in ongoing employment as defined by the Public Service Act.
Partner means in relation to a person who is a member of a couple; the other member of the couple.
Policy, procedures and guidelines Represent policies, procedures or guidelines developed from time to time and authorised by the CEO.
Public Holidays means public holidays as defined in the Fair Work Act 2009.
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.
Salary The Employee’s salary is the relevant rate at Attachment A or Attachment B. 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. Participation in salary sacrificing or purchased leave arrangements do not affect an employee’s salary as defined above.
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.

 

1. Agreement Title

This Agreement is to be referred to as the Australian Sports Anti-Doping Authority Enterprise Agreement 2017 – 2020 (the Agreement).

 

2. Purpose of the Agreement

The purpose of this Agreement is to provide terms and conditions of employment to employees covered by the Agreement.

 

3. Coverage

3.1 This Agreement is made under section 172 of the Fair Work Act 2009 and covers:

3.1.1 the Chief Executive Officer (CEO) of ASADA as the employing authority; and

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

 

4. Operation of this Agreement

4.1 This Agreement will commence to operate 7 days after the day it is approved by the Fair Work Commission (FWC). The nominal expiry date of this Agreement is three years after the date of commencement.

4.2 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.

 

5. Relationship to other legislation

5.1 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, including, but not limited to the:

5.1.a Australian Sports Anti-Doping Authority Act 2006;

5.1.b Fair Work Act 2009;

5.1.cFair Work (Transitional Provisions and Consequential Amendments) Act 2009;

5.1.d Long Service Leave (Commonwealth Employees) Act 1976;

5.1.e Maternity Leave (Commonwealth Employees) Act 1973;

5.1.f Paid Parental Leave Act 2010;

5.1.g Public Service Act 1999;

5.1.h Safety and Rehabilitation and Compensation Act 1988;

5.1.i Superannuation Act 1976;

5.1.j Superannuation Act 1990;

5.1.k Superannuation Act 2005;

5.1.l Superannuation (Productivity Benefit) Act 1988;

5.1.m Superannuation Benefits (Supervisory Mechanisms) Act 1990

5.1.n Superannuation Guarantee (Administration) Act 1992.

5.1.o Work Health and Safety Act 2011

 

6. Individual flexibility arrangement

6.1 The CEO 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:

6.1.1 the arrangement deals with one (1) or more of the following matters:

6.1.1.a arrangements about when work is performed;

6.1.1.b overtime rates;

6.1.1 c penalty rates;

6.1.1.d allowances;

6.1.1 e remuneration; and/or

6.1.1.f leave.

6.1.2 the arrangement meets the genuine needs of ASADA and the employee in relation to 1 or more of the matters mentioned in clause 6.1.1; and

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

6.2 The CEO must ensure that the terms of the individual flexibility arrangement:

6.2.1 are about permitted matters under section 172 of the Fair Work Act; and

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

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

6.3 The CEO must ensure that the individual flexibility arrangement:

6.3.1 is in writing; and

6.3.2 includes the name of ASADA and the employee; and

6.3.3 is signed by the CEO and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and includes details of;

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

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

6.3.3.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

6.3.3.d states the day on which the arrangement commences.

6.4 The CEO must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

6.5 The CEO or the employee may terminate the individual flexibility arrangement:

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

6.5.1 if the CEO and the employee agree in writing – at any time.

 

7. Delegations

The CEO may, in writing, delegate his/her powers and functions under this Agreement, subject to the provisions of the Public Service Act 1999 and the Australian Sports Anti-Doping Authority Act 2006, as in force from time to time.

 

8. Supporting policies, procedures and guidelines

Any guidelines, policies and procedures referred to in this Agreement are not incorporated into, and do not form part of, this Agreement. A term of this Agreement prevails to the extent of any inconsistency with a guideline, policy or procedure.

 

9. Safe and healthy work environment

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.

9.1 ASADA will promote health awareness among employees through funding annual programs, including meeting the out of pocket cost of influenza vaccinations.

 

10. Consultation

10.1 This clause applies if ASADA:

10.1.1 has made a definite decision to introduce major change to program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or

10.1.2 proposes to introduce a change to the regular roster or ordinary hours of work of employees.

 

11. Major Change

11.1 For a major change referred to in clause 10.1.1:

11.1.1 ASADA must notify the relevant employees of the decision to introduce the major change; and

11.1.2 clauses 11.3 to 11.8 apply.

11.2 The relevant employees may appoint a representative for the purpose of the procedures in this clause.

11.3 If:

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

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

11.3.3 ASADA must recognise the representative.

11.4 As soon as practicable after making its decision, ASADA must:

11.4.1 discuss with the relevant employees:

11.4.1.1 the introduction of the change; and

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

11.4.1.3 measures ASADA is taking to avert or mitigate the adverse effect of the change on the employees; and

11.4.2 for the purposes of the discussion – provide, in writing, to the relevant employees:

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

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

11.4.2.3 any other matters likely to affect the employees.

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

11.6 ASADA must give prompt and genuine consideration to matters raised about the major change by the relevant employees.

11.7 If another clause in this Agreement provides for a major change to program, organisation, structure or technology in relation to the enterprise of ASADA, the requirements set out in clauses 11.1.2, 11.3 and 11.4 are taken not to apply.

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

11.8.1 the termination of the employment of employees; or

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

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

11.8.4 the alteration of hours of work; or

11.8.5 the need to retrain employees; or

11.8.6 the need to relocate employees to another workplace; or

11.8.7 the restructuring of jobs.

 

12. Change to regular roster or ordinary hours of work

 12.1 For a change referred to in clause 10.1.2:

12.1.1 ASADA must notify the relevant employees of the proposed change; and

12.1.2 Clauses 12.3 to 12.5 apply.

The relevant employees may appoint a representative for the purposes of the procedures in this term.

12.2 If:

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

12.2.2 the employee or employees advise ASADA of the identity of the representative;

ASADA must recognise the representative.

12.3 As soon as practicable after proposing to introduce the change, ASADA must:

12.3.1 discuss with the relevant employees the introduction of the change; and

12.3.2 for the purposes of the discussion – provide to the relevant employees:

12.3.2.1 all relevant information about the change, including the nature of the change; and

12.3.2.2 information about what ASADA reasonably believes will be the effects of the changes to the employees; and

12.3.2.3 information about any other matters that ASADA reasonably believes are likely to affect the employees; and

12.3.3 invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).

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

12.5 ASADA must give prompt and genuine consideration to matters raised about the change by the relevant employees.

12.6 In this term relevant employees means the employees who may be affected by a change referred to in clause 10.1.2.

 

13. Workplace Consultative Committee

13.1 The purpose of the WCC is to:

13.1.1 Facilitate an exchange of information and improve understanding of workplace issues affecting employees;

13.1.2 Provide an avenue for employees to contribute views on workplace issues affecting them;

13.1.3 Provide a mechanism for reasonable consultation with employees about the implementation of this Agreement and other workplace matters considered by the CEO or employees to be relevant for the WCC, including the development and modification of supporting policies and guidelines.

13.2 In order to ensure effective communication and consultation between employees and management, the composition of the WCC will be composed of management and employee representatives with regard to ASADA’s national presence.

13.3 The Workplace Consultative Committee (WCC) will be consulted on proposed changes to ASADA policies or guidelines relating to matters covered by this Agreement.  ASADA will provide for a consultation period of up to two (2) weeks for the WCC to consider any such issues.

13.4 The WCC will meet quarterly unless otherwise agreed by the WCC.

13.5 Other details relating to the WCC will be maintained in the terms of reference. Changes to terms of reference will be subject to consultation and agreement at the WCC.

 

14. Resolution of Agreement disputes

14.1 If a dispute relates to:

14.1.1 a matter under this Agreement, or

14.1.2 the National Employment Standards (NES):

This term sets out procedures to settle the dispute. 

14.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term.

14.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management. 

14.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission.

14.5 The Fair Work Commission may deal with the dispute in two (2) stages:

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

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

14.5.2.a arbitrate the dispute; and

14.5.2.b make a determination that is binding on the parties.

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

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

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

14.6.1 an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and

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

14.6.2.a the work is not safe; or

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

14.6.2.c the work is not appropriate for the employee to perform; or

14.6.2.d there are other reasonable grounds for the employee to refuse to comply with the direction.

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

 

15. Employee representation

15.1 In any matter arising under this Agreement, an employee may have an employee representative assist, support, accompany or represent them. The ASADA and employee representatives will deal with each other in good faith.

15.2 The role of employee representatives, including union delegates and other non-union employee representatives, is to be respected and facilitated.

15.3 ASADA recognises that employees are free to be represented, or not represented.

15.4 Employees will not be disadvantaged or discriminated against because they choose to, or not to, be represented.

15.5 An employee will provide prior notice to all parties to a discussion where the employee chooses to be represented.

15.6 An employee is expected to be present at discussions where they choose to be represented.

 

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

 

PART B1    Workplace Arrangements

 

16. Flexible Working Arrangements

16.1 Managers and employees are responsible for administering and accessing the flexible conditions contained in the Agreement in ways that assist employees to balance their work and personal lives, taking into account operational requirements.

16.2 In seeking access to these terms and conditions, individual employees need to be aware that that operational requirements may limit access to some conditions at certain times.

16.3 Managers and employees have a mutual responsibility to integrate the management of working hours and leave planning, including flexible working arrangements, into the overall approach of ASADA’s business, its operational requirements and workforce planning.

16.4 ASADA recognises the role of carers and the need to provide flexibility to enable them to meet their caring circumstances.

           

17. Hours of work

17.1 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.

17.2 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.

17.3 Where an employee requests to work their ordinary hours outside the bandwidth, e.g. on Saturday or Sunday, the employee may do so subject to operational requirements, with the agreement of their manager. Any hours worked on this basis will be considered ordinary hours and will not attract overtime.

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

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

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

 

18. Doping Control Officers (DCO)

18.1 Ongoing DCOs operate as part of the National Testing Team in a field based environment. They are entitled to the same terms and conditions as other ongoing and non-ongoing employees within ASADA, subject to the provisions of this clause.

18.2 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).

18.3 When a DCO is rostered to work outside of the DCO Span of Ordinary Hours, recompense should be through the use of Time off in lieu (TOIL) and is calculated as per clause 20.5.

18.4 The Roster Period is determined by the CEO in consultation with each DCO prior to the commencement of each Roster Period, subject to the following principles:

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

18.4.2 The pattern of RDOs will be structured to ensure that maximum weekly hours as averaged over the 28 day roster period do not exceed National Employment Standards requirements.

18.4.3 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

18.4.4 RDOs must all be taken within the relevant roster period and cannot be rolled over to the next period.

18.5 If a DCO is required to work on a rostered day off they will receive payment at penalty rates as follows:

18.5.1 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.

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

18.5.3 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;

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

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

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

18.7 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 $7,698.85 per annum from the commencement date of the Agreement (pro rata for part-time employees). This allowance will be increased to $7,852.83, 12 months from the commencement of the Agreement and then to $7,931.35, 18 months from the commencement of the Agreement.

18.8 Any DCO who undertakes other ASADA duties outside of their standard DCO role will have their annual allowance reduced in line with the proportion of their time spent on those other duties.

 

19. Flextime

19.1 Employees at or below the APS 6 level, including part-time employees can use flextime. Further information is available in the ASADA Flextime Policy and Guidelines.

19.2 ASADA’s flextime arrangements include the following features:

19.2.1 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).

19.2.2 a flextime absence may be taken (subject to approval) in part or full days to a maximum of 5 consecutive days.

19.2.3 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.

19.2.4 a settlement period is a four week period.

19.2.5 where an employee has a flextime debit balance in excess of 7 hours 30 minutes at the end of a settlement period, the employee will endeavour to reduce the debit to the maximum allowable (or lower) by the end of the next settlement period. Should this not occur, the amount by which the maximum debit is exceeded will be treated as leave without pay.

19.2.6 an employee with flextime credit will be allowed, where practicable to use all of their accrued flextime credits before ceasing their employment. Where any flextime debits are outstanding at cessation, these should be recovered as part of the termination payment and will be dealt with under ASADA’s Accountable Authority Instructions.

19.2.7 Employees are required to record their attendance and work via the completion of a timesheet.

19.2.8 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.

19.2.9 The relevant manager may require an employee not to work hours in addition to ordinary hours where there is insufficient work.

 

20. Overtime

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

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

20.1.2 outside the bandwidth or agreed span of hours; or

20.1.3 performed on weekends or public holidays.

20.2 Flextime is to be used to meet operational requirements within the bandwidth hours.

20.3 Employees at Executive Level are not generally entitled to overtime. However, the CEO in exceptional circumstances may approve either overtime or time in lieu as per clause 22 for excess hours worked where considered appropriate and outside the bandwidth range.

20.4 Overtime must be approved by the CEO in advance, except in cases of emergency. TOIL is the standard form of recompense for overtime.

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

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

20.5.2 Sunday – double time for hours worked.

20.5.3 Public Holiday – double time and a half for hours worked.

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

20.7 Overtime 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.

20.8 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.

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

 

21. Employees travelling on official duty 

21.1 Where an employee travels on official duty on any day, the employee is regarded as working 7 hours 30 minutes per day.   

21.2 In the event that an employee is required to undertake extensive travel outside the standard bandwidth or outside standard hours, the CEO will approve reasonable time off in lieu at ordinary hour rates and not at overtime rates for such travel as is deemed necessary by ASADA.

 

22. Executive levels – Time Off In Lieu (TOIL)

22.1 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.

22.2 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.

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

22.4 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, as determined by the relevant manager.

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

22.6 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.

22.7 Regardless of the bandwidth, Executive Level employees are required to break for at least 30 minutes after five (5) hours of continuous work.

 

23. Part-time and job sharing arrangements

23.1 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 an annual review conducted between the employee and the CEO. 

23.2 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.

23.3 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. 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.

23.4 During the period of part-time arrangements as agreed, the employee or the CEO may initiate a review of these arrangements. A part-time employee and the CEO may by agreement vary regular hours of work. Similarly, part-time working arrangements may be terminated by agreement between an employee and the CEO.

23.5 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 the CEO.

 

24. 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 reasonable additional cost, as determined by the CEO, incurred as a result of the relocation.

 

25. Employee assistance program

ASADA will provide access to a confidential, professional counselling service to employees and their immediate family to help resolve personal and work-related problems through the provision of an external Employee Assistance Program (EAP). An employee (and/or their immediate family) can access the EAP up to three (3) times a year, free of charge.

 

26. Resignation

26.1 Employees must provide four weeks written notice of their intention to resign to the CEO.  This requirement may be waived by the CEO.

26.2 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

 

27. Rates of pay                     

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

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

  • 3% on commencement 
  • 2 % 12 months from commencement
  • 1% 18 months from commencement

 

28.Payment of salary

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

           

 

 

 

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

 

29. Salary on engagement, promotion or movement

29.1 Where an employee commences in or is promoted to a higher classification in ASADA, the CEO 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.

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

29.2.1 above the top pay point of the relevant classification level range (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 this time, the employee will move to the next pay point immediately above their current salary level, or a higher salary determined by the CEO, subject to a “fully effective” or better rating; or

29.2.2 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.

 

30. Salary advancement

30.1 Salary advancement will occur on 1 July each year for an 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:

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

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

30.2 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.

 

31. 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 CEO.

 

32. Re-assignment to lower classification

Where an employee requests in writing or is directed to perform work at a lower classification level temporarily or permanently, the CEO 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.

 

33. Salary packaging

Employees may choose to sacrifice part of their salary for a range of non-cash benefits. Participation in salary packaging will not affect salary for superannuation purposes or any other purpose. Further information is in the ASADA Salary Packaging Policy.

Any fringe benefit tax incurred by individual employees as a result of salary packaging arrangements will be met by the individual employee on a salary sacrifice basis.

 

34. Recovery of debts to the Commonwealth

Where an employee is overpaid an amount of salary, or other benefits including allowances, the overpayment will be recovered in accordance with the provisions of ASADA’s Accountable Authority Instructions. These provisions do not operate to limit the right of the Agency to recover a debt from monies that are, or become, payable to an employee under this Agreement.

 

35. Superannuation

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

35.2 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.

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

35.4 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.

35.5 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.

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

35.6.1 Where required under legislation; and/or

35.6.2 During periods of unpaid Maternity and Parental Leave.

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

 

36. 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 B.

 

37. Classifications and Broadbanding arrangements

37.1 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)

37.2 Advancement through a broadband range is subject to satisfactory performance, work availability and possession of the necessary skills and proficiencies.

37.3 All of the following criteria must be met in order to move between classifications within an ASADA broadband:

37.3.1 on the basis of a review of performance in the employee’s current position;

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

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

 

 

PART B3   Allowances and Assistance

38. Higher duties and additional responsibility allowance

38.1 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 CEO 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 reassignment level.

38.2 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 CEO may approve an appropriate amount of additional responsibility allowance for the entire period.  The amount of additional responsibility 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 additional responsibility. It is normally paid at the bottom pay point of the temporary re-assignment level.

38.3 An employee who is receiving higher duties or additional responsibility 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. Where the period of leave is paid at less than full-pay, payment of the higher duties or additional responsibility allowance will be made on a pro-rata basis.

 

39. Travel allowance

The CEO may authorise the payment of Travel Allowance for official travel.  Further information, including rates, is available in the ASADA Financial Rule Domestic Travel and the ASADA Financial Rule International Travel as adjusted from time to time

 

40. Workplace responsibility allowances

40.1 The Workplace Responsibility Allowance will be paid to an employee undertaking the designated Workplace Responsibility Roles of First Aid Officer, Emergency Warden, Health and Safety Representative (HSR) and Harassment Contact Officer (HCO). An employee will not undertake more than one Workplace Responsibility at a time unless approved to do so by the CEO.

40.2 Payment of the Workplace Responsibility Allowance will be made to an employee who is elected or appointed to a Workplace Responsibility Role and has successfully undertaken relevant training or obtained any required qualification.

40.3 A fortnightly Workplace Responsibility Allowance of $29.90 will be paid to an employee who possesses 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 CEO.

40.4 A fortnightly Workplace Responsibility Allowance of $20.29 will be paid to an employee who has been appointed by the CEO to be an Emergency Warden or HCO, and to an employee elected as a HSR.

 

41. Professional payments assistance 

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

 

42. Home office allowance

Where ASADA does not provide a workspace within ASADA premises to ongoing employees, a Home Office allowance will be available. This allowance will be $103.97 per fortnight (pro-rata for part-time employees) from the date of commencement of the Agreement.  This allowance will be increased to $106.05, 12 months from the commencement of the Agreement and then to $107.11, 18 months from the commencement of the Agreement. Further information is available in ASADA’s Working from Home Policy.

 

43. Reimbursement for internet-related expenses

Where ASADA does not provide an office to an on-going employee, and the employee is required to have access to ASADA’s IT systems via their home based office, the employee will be entitled to up to $50 per month ($600 per annum) reimbursement for home internet expenses. Employees may claim reimbursement on a quarterly basis. Claims for reimbursement must be accompanied by relevant supporting documentation.

 

44. Study assistance

ASADA supports ongoing employees undertaking formal study and encourages eligible employees to apply for study assistance. Further information regarding access to study assistance is available in the Study Assistance Policy.

 

45. Reimbursement for loss or damage

The CEO 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.

 

46. Other Payments

The CEO 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.

 

47. Meal Break Allowance

47.1 If employees are required to work overtime 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 of $22.59 from the date of commencement of the Agreement. This allowance will be increased to $23.04, 12 months from the commencement of the Agreement and then to $23.27, 18 months from the commencement of the Agreement.  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

                                                                        

47.2 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 of $22.59 from the date of commencement of the Agreement. This allowance will be increased to $23.04, 12 months from the commencement of the Agreement and then to $23.27, 18 months from the commencement of the Agreement. Authorisation for the payment of a meal allowance may be granted retrospectively.

 

PART B4   Leave

48. Transfer of accrued leave

48.1 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 transferred provided there is not more than two months break in continuity of service.

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

48.3 For the purpose of this clause:

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

48.3.2 Australian Parliamentary Service refers to employment under the Parliamentary Service Act 1999.

 

49. Recognition of prior service

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.

 

50. 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. Prior approval must be sought from the CEO in order for this arrangement to be accessed. Approval will not be unreasonably refused.

 

51.Christmas shut down

51.1 ASADA will close its normal operations from close of business on the last working day   before Christmas, with business resuming on the first working day after New Year’s Day (‘Christmas Closedown’).

51.2 Employees are entitled to be absent with pay for the working days during Christmas    Closedown.

51.3 Payment for absences on working days during Christmas Closedown will be made in   accordance with an employee’s usual ordinary hours of work for that day. Where an employee is absent on a prevailing type of leave (such as leave without pay, long service leave, maternity leave etc.) payment for Christmas Closedown days will be in accordance with the entitlement for that form of leave (e.g., if on long service leave at half pay, payment is at half pay).

51.4 An employee is not taken to be on annual leave or personal/carer's leave over the Christmas Closedown and no deductions from annual leave and personal/carer’s leave balances will be made.

 

52. Public holidays                 

52.1 Employees are entitled to the following public holidays:

  • 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.

52.2 If under a law of a State or Territory, a day or part day is substituted for one of the public holidays in clause 52.1, then the substituted day or part day is the public holiday.

52.3 Where an employee (excluding employees covered by clause 18.7) is required and approved by the CEO 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 18.5.

52.4 An employee and the CEO may agree on the substitution of a day or part day that would otherwise be a public holiday referred to in subclause 52.1 (excepting where the public holiday falls within the shutdown period) having regard to operational requirements.

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

52.6 Where an employee is on paid personal or annual leave at 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.

52.7 Where a public holiday falls during a period when an employee is absent on a prevailing type of leave (such as leave without pay, long service leave, maternity leave etc.) there is no entitlement to receive payment as a public holiday. Payment for that day will be in accordance with the entitlement for that form of leave (e.g., if on long service leave at half pay, payment is at half pay).       

 

53. Leave without pay 

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

 

54. Annual leave

54.1 A full-time employee is entitled to 20 days annual leave per year of service. Annual leave accrues on a pro rata basis for part-time employees. Annual leave accrues daily. Annual leave counts as service for all purposes.

54.2 An employee with an accrued annual leave credit of 40 days or less may, subject to operational requirements, be approved to take some or all of their annual leave at half pay. A minimum of five consecutive working days must be taken when the half pay leave option is taken.   Where annual leave is taken at half-pay, credits will be deducted from the employee’s annual leave balance on the basis that two days of annual leave at half-pay is equivalent to one day of annual leave at full-pay.

54.3 Where an employee has accrued 40 days or more of annual leave, the CEO 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 employee’s Director has in place a demonstrated strategy to reduce the accrued leave within three months. The CEO may direct an employee to take up to 10 days of annual leave in each instance or a period of time equal to 25% of accrued annual leave credits at the time of the direction. The employee may apply to take additional annual leave at this time and the application will be approved unless exceptional circumstances apply.

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

54.4.1 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 20 days.

54.4.2 in order to cash out paid annual leave, the CEO and the employee must make a separate agreement in writing for each cashing out of a particular amount of paid annual leave.

54.5 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.

54.6 The CEO will not approve requests to cash out leave in accordance with this clause unless the employee has taken at least 10 days annual leave at the same time or has taken a block of 10 days annual leave (pro-rata for part time employees) in the same calendar year.

54.7 If an employee becomes eligible for another non-discretionary leave type provided by this Agreement or the NES while on annual leave, where satisfactory evidence is provided, the employee’s annual leave will be re-credited.

 

55. Purchased leave

55.1 Once in any 12 month period an employee may purchase 1 to 4 weeks of leave, subject to operational requirements, and approval.

55.2 Purchased leave will count for service for all purposes.

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

55.4 An employee who purchases annual leave cannot take annual leave at half pay in the same calendar year.

55.5 Unless otherwise agreed, purchased leave not taken during the nominated 12 month period will automatically be reimbursed as salary.

55.6 Further information regarding purchased leave can be found in ASADA’s Purchased Leave Scheme Policy.

 

56. Personal/carer’s leave

56.1 On-going employees will have a paid personal/carer’s leave entitlement of 18 days per year of service or the part-time equivalent, 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 personal leave accrual date as specified by the losing Agency.

56.2 Non-ongoing employees are entitled to 18 days per year of service or the part-time equivalent, accruing daily.

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

56.4 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 accrual date will be deferred by that amount of days.

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

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

56.5.2 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.

56.5.3 for personal purposes (e.g. accompanying a family member to a medical appointment to provide assistance and support).

56.6 Personal Leave must not be used for the purposes stated in clause 56.5.3 to the extent that it results in less than 10 days of an employee’s annual personal/carer’s leave being available for use for personal injury or illness and caring as provided for under the Fair Work Act 2009.

56.7 An employee is required to provide evidence to be entitled to paid personal/carer’s leave where:

56.7.1 the employee is absent from work for a period of three (3) or more consecutive working days; and/or

56.7.2 the employee takes 10 days personal/carer’s leave without satisfactory evidence in a period of 12 months. The employee must then provide satisfactory evidence for any further applications for personal/carer’s leave of any duration for the balance of the period of 12 months unless otherwise determined by the CEO; and/or

56.7.3 requested by the CEO in certain circumstances.

56.8 For the purpose of clause 56.7.2, the 12 month period commences on the date determined to be the employee’s anniversary for the purpose of accruing personal/carer’s leave.

56.9 Acceptable evidence means:

56.9.1 A medical certificate;

56.9.2 A statutory declaration, if it was not reasonably practicable for the employee to obtain a medical certificate; and or

56.9.3 If the employee provides a statutory declaration as evidence, the statutory declaration must set out why the employee is or was unable to attend work, and why it was not reasonably practicable for them to obtain a medical certificate.

56.10 If the employee does not provide the required evidence within a reasonable period the absence will be treated as unauthorised leave.

56.11 The CEO may approve the conversion of personal leave to half pay for an employee  in exceptional circumstances.

56.12 Employees who are medically unfit or required to undertake carer’s responsibilities while on annual or long service leave and who produce satisfactory evidence will be recredited with annual or long service leave to the extent of the personal leave approved.

56.13 Employees are unable to access personal leave while on paid parental leave.

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

 

57. Long Service Leave

57.1 An employee is eligible for long service leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976.

57.2 The minimum period for which long service leave will be granted is seven (7) consecutive calendar days at full pay (or 14 calendar days, per occasion, at half pay) with the granting of such leave subject to operational requirements.

57.3 Long service leave cannot be broken with other periods of leave, except as otherwise provided by legislation.

 

58. Maternity and parental leave

58.1 Employees, other than casual employees are covered by the provisions of the Maternity Leave (Commonwealth Employees) Act 1973 (the ML Act). 

58.2 Employees with an entitlement to paid leave under the ML Act are provided with an additional three (3) weeks of paid leave, to be taken continuous with an entitlement to paid maternity leave by the ML Act.

58.3 Employees who adopt or permanently foster a child, and have or will have responsibility for the care of the child, are entitled to up to 52 weeks of parental leave. For a primary caregiver, up to 15 weeks of that leave will be paid leave, commencing from the time of placement of the child, provided the employee satisfies the same qualifying requirements as those required to receive paid leave in accordance with the ML Act.

58.4 Employees are entitled to parental leave for adoption or permanent foster care when that child:

58.4.1 is under 16 years of age;

58.4.2 has not, or will not have, lived continuously with the employee for a period of 6 months or more as at the day (or the expected day) of placement; and

58.4.3 is not (otherwise than because of the adoption) a child of the employee or the employee’s spouse/partner.

58.5 Documentary evidence of approval of adoption or enduring parental responsibilities under formal fostering arrangement must be submitted when applying for parental leave for adoption or permanent foster care purposes.

58.6 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.

58.7 Employees who are eligible for paid maternity or parental leave may elect to have the payment for that leave spread over a maximum of 30 weeks at a rate of no less than half normal salary. Where payment is spread over a longer period, a maximum of 15 weeks of the leave period will count as service.

58.8 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.

58.9 Unpaid maternity or parental leave will not count as service for any purpose except for any unpaid leave taken during the first 15 weeks.

58.10 This leave is inclusive of public holidays and will not be extended because a public holiday (or Christmas Closedown) falls during a period of paid or unpaid maternity or parental leave.  On ending maternity or parental leave, employees have the return to work guarantee and the right to flexible working arrangements that are provided by the Fair Work Act 2009.

 

59. Supporting partner leave

59.1 An employee who is not the primary care giver to a dependent child is entitled to three (3) weeks of paid leave on the birth, adoption, or permanent foster care placement of dependent child or their partner’s child.

59.2 This leave is to be commenced within six (6) weeks of the birth/placement of the child and be taken over a maximum period of six (6) weeks. This leave is inclusive of public holidays, i.e. leave will not be extended because a public holiday (or Christmas Closedown) falls during a period of leave provided by this clause.

59.3 Documentary evidence as outlined in clause 58.5, or a birth certificate following the birth of a child must be submitted when applying for supporting partner/other primary caregiver leave.

59.4 This paid leave will count as service for all purposes. The CEO may approve spreading the period of paid leave over a maximum of 6 weeks at a rate of no less than half normal salary. Where payment is spread over a longer period, only half of the total weeks of the leave will count as service.

 

60. Compassionate/Bereavement Leave

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

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

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

60.1.3 dies.

60.2 Employees may take the period of leave as a single period of 3 days or any separate period which the CEO approves.

60.3 An employee may be required to provide reasonable evidence to the CEO in support of an application for compassionate leave.

60.4 Compassionate leave will count as service for all purposes.

 

61. Miscellaneous leave

The CEO may grant leave to an employee, either with or without pay and to count or not to count as service, in circumstances not provided for elsewhere in this Agreement for a purpose that the CEO considers to be in the interest of the Agency and having regard to operational requirements.

 

62. Community service (emergency management and jury service) leave  

62.1 In accordance with section 108 of the Fair Work Act, leave for participation in voluntary emergency management duties, including training, emergency service responses, reasonable recovery time, and ceremonial duties, will be approved. The CEO may determine whether any or all of leave taken for participation in voluntary emergency management activities will be with pay.

62.2 Any employee will continue to be paid by ASADA for any period of jury service, but will be required to pay to ASADA any amount of jury service pay received by the employee.

 

63. Defence reserve leave

63.1 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.

63.2 An employee is entitled to leave with pay, of up to four weeks during each financial year, and an additional two weeks paid leave in the first year of ADF Reserve Service, for the purpose of fulfilling service in the ADF Reserve.

63.3 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.

63.4 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.

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

 

64. Unauthorised absences

64.1 When an employee is absent from work without approval, e.g. without the express approval of their supervisor, or not in accordance with a term of this Agreement, the absence will be treated as an ‘unauthorised absence’ and will not count as service for any purpose under this Agreement, including remuneration and leave accrual. Any amounts paid to an employee in respect of an unauthorised absence are overpayments and the Agency will seek to recover those amounts.

64.2 When an employee is absent from work without approval for three (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.

 

Part B5           Performance Management

65. Performance management

65.1 Employees must participate in the Agency’s performance management framework. The performance cycle runs from 1 July to 30 June each year.

65.2 The performance management guidelines set out performance management processes, including the responsibilities, rights and obligations of managers and employees in managing performance.

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

65.4 All employees will receive a performance rating at the end of the performance cycle.

65.5 Consistent with clause 30 of this Agreement, salary advancement will only occur if a rating of “Fully Effective” or above is achieved.

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

 

Part B6           Cessation of Employment

           

66. Redeployment and Redundancy

General arrangements

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

66.2 An employee is an excess employee if:

66.2.1 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

66.2.2 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

66.2.3 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.

 

67. Communication process

67.1 Employees who are likely to become excess will be advised in writing by the CEO as soon as practicable of the reasons of this position.

67.2 Within 30 calendar days the CEO will hold discussions with the employee, and or where they choose, the employee’s nominated representative, to consider:

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

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

67.2.3 job swaps at  level;

67.2.4 referral to an appropriate employment agency; and

67.2.5 whether voluntary retrenchment might be appropriate.

67.3 The CEO, 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.

           

68. Voluntary Retrenchment

68.1 Where the CEO invites an excess employee to accept voluntary retrenchment, the employee will have 30 calendar days in which to accept the offer. Where the offer is accepted the CEO will not give notice of termination before the end of that period, without the agreement of the employee.

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

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

68.2.2 amount of accumulated superannuation contributions;

68.2.3 options open to the employee concerning superannuation;

68.2.4 taxation rules applying to the various payments; and

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

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

 

69. Notice period

69.1 An employee who accepts voluntary retrenchment and whose employment is terminated by the CEO under section 29 of the PS Act is entitled to a period of notice of four (4) weeks (or five (5) weeks for an employee over 45 with at least five years of continuous service).

69.2 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 69.1 for the unexpired portion of the notice period.

 

70. Severance benefit

70.1 An employee who accepts an offer of voluntary retrenchment and whose employment is terminated by the CEO 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.

70.2 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.

70.3 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.

70.4 Service for severance pay purposes means:

70.4.1 service in ASADA;

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

70.4.3 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;

70.4.4 service with the Australian Defence Forces;

70.4.5 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

70.4.6 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.

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

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

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

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

70.5.4 failure to satisfactorily complete an entry level training course;

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

70.5.6 a breach of the APS Code of Conduct;

70.5.7 any other ground prescribed by the Public Service Regulations;

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

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

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

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

70.6.1 the break in service is less than one (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

70.6.2 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.

 

71. Severance benefit – rate of payment

71.1 Salary for severance pay purposes will include:

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

71.1.2 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

71.1.3 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.

 

72.Retention period

72.1 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.

72.2 The retention period is:

72.2.1 13 months where an employee has 20 or more years of service or is over 45 years of age; or

72.2.2 seven months for other employees.

72.3 If an employee is entitled to a redundancy payment in accordance with the National Employment Standards (NES) the relevant period in clause 72.2 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).

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

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

72.4.2 30 days after the day on which the CEO invites the employee to accept voluntarily retrenchment.

72.5 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.

72.6 During the retention period the CEO:

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

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

72.6.3 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.

72.7 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, in consultation with 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.

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

72.8.1 the balance of the retention period (as shortened for the NES under clause 72.3 above) and this payment will be taken to include the payment in lieu of notice of termination of employment: and

72.8.2 the employee’s NES entitlement to redundancy.

 

73. Involuntary Retrenchment

73.1 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.

73.2 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.

73.3 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.

73.4 Payments of severance benefit under clause 70.1 do not apply to employees whose employment is terminated following the retention period.

 

74. 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 dependents 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 (Commonwealth Employees) Act 1976.

 

PART C       CASUAL EMPLOYEES GENERAL EMPLOYMENT CONDITIONS

 

Part C1           General Arrangements

75. Casual Employees

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

75.2 Employees engaged on a casual basis will receive a 25 percent loading. This loading is paid in lieu of public holidays on which the employee is not rostered to work and paid leave, with the exception of long service leave (as per the Long Service Leave (Commonwealth Employees) Act 1976). 

 

Part C2           Working Arrangements

 

76. Flexible working arrangements

Long term casual employees have the right to request flexible working arrangements under the Fair Work Act 2009.

 

77. Hours of work

77.1 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 unreasonable additional hours of work.

77.2 Subject to clause 77.4, 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.

77.3 Period of engagement

77.3.1 Casual Doping Control Officer (DCO):

77.3.1.a Subject to clause 77.4, a period of engagement for a “primary” DCO commences when the employee leaves their home office 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.

77.3.1.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 its discretion, terminate that engagement period or reduce the period of engagement.

77.3.1.c Subject to clause 77.4, 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.

77.3.2 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 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.

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

77.4 A break of two hours or less between engagements will be treated as paid time, except time taken for a meal break (which must be at least 30 minutes), unless agreed prior to the commencement of the second engagement.

77.5 Further information regarding periods of engagement is available in ASADA’s Casual Employee Engagement Policy.

 

78.Minimum Periods

78.1 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.

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

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

78.4 Where the employee performs sample collection or education session work without being given a minimum 48 hours’ notice, they will receive an additional two hours payment.

 

79.Overtime

79.1 Casual employees will be entitled to be paid overtime if they are engaged to work:

  1. Monday to Friday, outside the span of ordinary hours (ie before 8am or after 6pm);
  2. on a Saturday, Sunday or a public holiday; or
  3. in excess of 36 ¾ hours in a week.

79.2 The casual loading is not payable for overtime.

79.3 Where an employee works overtime the employer must pay to the employee the overtime rates as follows:

For overtime worked on Overtime time rate
Monday to Saturday—first 3 hours 150%
Monday to Saturday—after 3 hours 200%
Sunday—all day 200%
Public Holiday or Additional Holiday—all day 250%

 

80.Meal breaks

80.1 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.

80.2 Where a casual DCO is unable to take a meal break after five (5) continuous hours work due to operational requirements, the casual DCO will be paid a meal allowance at the applicable rate set by the applicable determination made by the Australian Taxation Office as being the reasonable amount for meal allowance expenses, paid at the following intervals:

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

from the start of the period of engagement.

80.3 Where a Chaperone is unable to take a meal break after five (5) continuous hours work due to operational requirements, the Chaperone will be paid a meal allowance at the applicable rate set by the applicable determination made by the Australian Taxation Office as being the reasonable amount for meal allowance expenses. 

 

81.Travelling on official duty

81.1 Travel arrangements including travel allowance will be paid at rates outlined in the ASADA Financial Rule Domestic Travel and the ASADA Financial Rule International Travel. Travel allowances cover costs associated with meals and incidentals. In most cases, accommodation will be booked and paid in advance.

81.2 All travel must be approved by the CEO prior to travel.

81.3 Casual employees travelling overseas require the CEO’s approval.  Further information is available in the ASADA Financial Rule International Travel.

 

82.Training and accreditation 

82.1 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.

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

 

83.Performance management

83.1 Performance management is covered in the National Casual Field Staff Performance Management Guidelines.

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

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

83.4 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.

83.5 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

84. Rates of Pay

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

 

85. Payment of salary

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

 

 

 

85.2 The hourly rate is inclusive of a loading of 25% in lieu of personal leave, annual leave and public holidays on which the employee is not rostered to work and penalty payments for work conducted on weekends and public holidays.

 

86. Overpayment of salary

Where an employee is overpaid an amount of salary or benefits including allowances, the overpayment will be recovered in accordance with the provisions of ASADA’s Accountable Authority Instructions.  These provisions do not operate to limit the right of the Agency to recover a debt from monies that are, or become, payable to an employee under this Agreement.

 

87. Superannuation

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

87.2 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.

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

87.4 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.

87.5 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.

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

 

88. Resignation

88.1 Employees must provide two weeks written notice of their intention to resign to the CEO.  This requirement may be waived by the CEO.

88.2 An employee who ceases to be an APS employee will be entitled to payment for accrued long service leave credits in accordance with legislation, calculated at the employee’s final rate of salary, on separation from ASADA. 

 

Part C4           Allowances and Assistance

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

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

89.2 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 $265.23 per annum, paid quarterly in arrears.  This allowance will be increased to $270.53, 12 months from the commencement of the Agreement and then to $273.23, 18 months from the commencement of the Agreement.  However, if a casual DCO has incurred higher IT expenses the CEO will consider further assistance on a case by case basis.

 

90. Equipment (Casual DCOs only)

90.1 Where the casual employee is unable to access an ASADA office for equipment storage, the employee will be paid an allowance of $164.98 per square meter per year for storage of drug testing equipment. This payment will be made quarterly in arrears.   This allowance will be increased to $168.27, 12 months from the commencement of the Agreement and then to $169.96, 18 months from the commencement of the Agreement. 

90.2 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 $63.65 for electricity and $93.48 for storage. These reimbursements will be paid annually in arrears.  These allowances will be increased to $64.93 for electricity and $95.35 for storage, 12 months from the commencement of the Agreement and then to $65.58 for electricity and $96.31, 18 months from the commencement of the Agreement. 

 

91. Travel – kilometres

91.1 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.

91.2 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.

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

 

92. Travel Time      

92.1 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.

92.2 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.

 

93. Out of Pocket Expenses

93.1 A casual employee is entitled to be reimbursed for reasonable out of pocket expenses, as determined by the CEO, 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.

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

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

93.3 If all expenses are evidenced by appropriate receipts approval will be given unless the CEO determines that any of the expenses are unreasonable. 

 

Part C5                      Leave

94. Long Service Leave

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

94.2 An employee taking long service leave must do so for a minimum of 7 consecutive calendar days at full pay (or 14 calendar days, per occasion at half pay) with the granting of such leave subject to operational requirements.

94.3 Long service leave cannot be broken with other periods of leave, except as otherwise provided for by legislation.

 

95. Compassionate Leave

95.1 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 clause 95.2.

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

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

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

95.2.3 dies.

95.3 Employees may take the period of leave as a single period of 3 days or any separate period which the CEO and employee agree.

 

 

PART D – FORMAL ACCEPTANCE OF THIS AGREEMENT

 

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

 

ATTACHMENT A  Salary Ranges and Salary Points

 

Part 1 - Full and Part-Time Employees

 

 

 

 

ASADA Levels

 

Pre- Commencement Rate

 

On Commencement 3%

01 Feb 2018

12 months

from commencement 2%

01 Feb 2019

18 months

from commencement 1%

01 Aug 2019

 

 

 

Comments

 

APS 1

 

ASADA Level 1

 

$38,456

 

$40,850

 

$41,667

 

$42,084

 

Rate for Casual Chaperones (^)

 

 

$40,769

$41,992

$42,832

$43,260

 

 

 

$42,027

$43,288

$44,154

$44,595

 

 

 

$45,608

$46,976

$47,916

$48,395

Position review required to

 

 

progress to APS 2

APS 2

 

 

$48,053

 

$49,495

 

$50,484

 

$50,989

 

$50,878

$52,404

$53,452

$53,987

$53,701

$55,312

$56,418

$56,982

$56,742

$58,444

$59,613

$60,209

 

APS 3

 

ASADA Level 2

 

$58,615

 

$60,373

 

$61,581

 

 

$62,197

 

 

 

 

Position review required to

 

 

$60,961

$62,790

$64,046

$64,686

 

 

$63,308

$65,207

$66,511

$67,176

 

 

$65,748

$67,720

$69,075

$69,766

 

 

 

progress  to APS 4                    

 

 

 

APS 4

 

$66,780

$68,783

$70,159

 

$70,861

Rate applicable only to Casual DCOs

 

$69,457

 

$71,541

 

$72,972

 

$73,701

 

$71,548

$73,694

$75,168

$75,920

$73,905

$76,122

$77,645

$78,421

$76,376

$78,667

$80,241

$81,043

 

APS 5

 

ASADA Level 3

 

$78,350

 

$80,701

 

$82,315

 

$83,138

 

 

 

 

Position review required to

 

 

$80,289

$82,698

$84,352

$85,195

 

 

$82,528

$85,004

$86,704

$87,571

 

 

$85,064

$87,616

$89,368

$90,262

 

 

progress to APS 6

 

APS 6

 

 

$88,090

 

$90,733

 

$92,547

 

$93,473

 

$90,425

$93,138

$95,001

$95,951

$93,096

$95,889

$97,807

$98,785

$96,137

$99,021

$101,002

$102,012

 

EL 1

 

ASADA Level 4

 

$101,210

 

$104,246

 

$106,331

 

$107,395

 

$104,014

$107,134

$109,277

$110,370

$107,129

$110,343

$112,550

$113,675

$110,307

$113,616

$115,889

$117,047

 

EL 2

 

ASADA Level 5

 

$114,418

 

$117,851

 

$120,208

 

$121,410

 

$122,279

$125,947

$128,466

$129,751

$130,916

$134,843

$137,540

$138,916

$138,067

$142,209

$145,053

$146,504

(^) The APS1 salary point applicable to casual chaperones on commencement includes an adjustment to meet the requirements of the APS Award.

 

Part 2 - Casual Salary Rates

Casual Chaperone (APS 1)

Based on a pre-commencement annual salary rate of $38,456

Pre-commencement rate

On commencement

3%

12 months after commencement

2%

18 months after commencement

1%

$24.57 per hour 

 

$26.10 per hour

 

$26.62 per hour

 

$26.89 per hour

 

Casual Doping Control Officer and Education Presenters (APS 3)

Based on a pre-commencement annual salary rate of $66,780

 

Pre-commencement rate

On commencement

3%

12 months after commencement

2%

18 months after commencement

1%

 

$42.67 per hour

 

$43.95 per hour

 

$44.83 per hour

 

$45.28 per hour

Note: The rates provided for casual salary rates include a 25 percent casual loading in lieu of public holidays on which the employee is not rostered to work 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 B  SUPPORTED SALARY PAYMENTS FOR EMPLOYEES WITH A DISABILITY

 

1. Workers Eligible for a Supported Wage

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.

 

2. Definitions

In these provisions:

Supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System handbook.  The Handbook is available from the JobAccess website (www.jobaccess.gov.au).
Approved assessor means a person accredited by the management 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 Government pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
Relevant minimum wage means the minimum wage prescribed in this Agreement for the class of work for which an employee is engaged.
Assessment instrument  means the tool 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.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productivity capacity and agreed wage rate.

 

3. Eligibility Criteria

3.1 Employees covered by these provisions will be those who are unable to perform the range of duties to the competence level required within the class 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 for receipt of a disability support pension.

3.2 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.

 

4. Supported Wage Rates

4.1 Employees to whom these provisions apply shall be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed Capacity                               % of prescribed

(Clause 4)                                                wage

 

   10%                                                         10%

   20%                                                         20%

   30%                                                         30%

   40%                                                         40%

   50%                                                         50%

   60%                                                         60%

   70%                                                         70%

   80%                                                         80%

   90%                                                         90%

4.2 Provided that the minimum amount payable must be not less than the current weekly rate, as determined by the Fair Work Commission.

4.3 Where an employee’s assessed capacity is 10%; they must receive a high degree of assistance and support.

 

5. Assessment of Capacity

5.1 For the purposes of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employee, and if the employee so desires, a union which the employee is eligible to join.

5.2 Assessment made under this schedule must be documented in a SWS wage assessment agreement, and retained by the employer as a time and wage record in accordance with the Act.

 

6. Lodgement of SWS wage assessment agreement

6.1 All SWS wage assessment agreements under the conditions of these provisions, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.

6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment.  Where a union which has an interest in the Agreement is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.

 

7. Review of Assessment

The assessment of the applicable percentage should be subject to annual review or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.

 

8. Other Terms and Conditions of Employment

Where an assessment has been made, the applicable percentage will apply to the relevant wage rate 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.

 

9. Workplace Adjustment

Where the CEO employs a person under the provisions of this Attachment, he or she must 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 and work organisation in consultation with the SES Manager/Director and other employees in the relevant work area.

 

10. Trial Period

10.1 In order for an adequate assessment of the employee’s capacity to be made, the CEO 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.

10.2 During that Trial Period the assessment of capacity will be undertaken and the percentage of the minimum wage for a continuing employment relationship will be determined.

10.3 The minimum amount payable to the employee during the Trial Period must be not less than the current weekly rate, as determined by the Fair Work Commission.

10.4 Work trials should include induction or training as appropriate to the job being trialled.

10.5 Where the CEO and employee wish to establish a continuing employment relationship following the completion of the Trial Period, a further contract of employment will be entered into based on the outcome of assessment under Clause 5 of this Attachment.