APSC enterprise agreement 2015-18

Last updated: 11 Feb 2016

This page is: current

Contents

For the full approved copy of the Australian Public Service Commission Enterprise Agreement 2015-18 please refer to the Fair Work Commission website (PDF).

Part A Formal acceptance of Agreement and Signatories.

Part B Technical and General

Part C Remuneration Arrangements

Part D Classification Structure

Part E Leave

Part F Allowances and Expenses

Part G Official Travel

Part H Flexible Work Environment

Part I Work and Life Balance

Part J Performance and Development

Part K Workforce Adjustment

Part L Consultation and Communication

Appendix 1 Commission Salary Scales

Appendix 2 Interpretations and Definitions


Part A Formal acceptance of Agreement and Signatories

Employer

Signed for, and on behalf of, the Commonwealth by the Australian Public Service Commissioner[1]

Signed

Full Name: John Lloyd PSM

Agency: Australian Public Service Commission

Address: 16 Furzer Street, Phillip, ACT 2606

Bargaining Representative: Community and Public Sector Union

Signed for, and on behalf of, the Community and Public Sector Union:

Signed

Full Name: Beth Vincent-Pietsch

Address: 40 Brisbane Ave, Barton, ACT 2600

Employee Bargaining Representatives:

Full Name: Peter Pullicino

Signed

Address: 16 Furzer Street, Phillip, ACT 2606

Part B Technical and General

Title

1. This Agreement is made under section 172 of the Fair Work Act and shall be known as the Australian Public Service Commission Enterprise Agreement 2015-18.

Coverage

2. In accordance with section 53 of the Fair Work Act, this Agreement covers:

  1. The Australian Public Service Commissioner on behalf of the Commonwealth of Australia
  2. Employees of the Commission who are employed in accordance with s. 22(2) of the Public Service Act, except employees engaged as Senior Executive Service employees.  

Commencement and duration

3. This Agreement will commence operation 7 days after approval by the Fair Work Commission.

4. This Agreement shall nominally expire 3 years from the date of commencement.

Delegation

5. The Commissioner may, in writing, delegate any of the Commissioner's powers or functions under this Agreement (other than under this clause).

6. A person exercising powers or functions under Clause 5 must comply with any direction of the Commissioner.

Policies and guidelines

7. The operation of this Agreement is supported by policies, procedures and guidelines. These policies, procedures and guidelines do not form part of this Agreement. If there is any inconsistency between the policies, procedures and guidelines and the terms of this Agreement, the express terms of this Agreement will prevail.

8. The Agency and its employees agree that such policies and guidelines will be available to all employees and will be updated as necessary following reasonable consultation.

Procedures for preventing and settling disputes

9. If a dispute relates to:

  1. a matter arising under the agreement; or
  2. the National Employment Standards;

this term sets out procedures to settle the dispute.

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

11. 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.

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

13. The Fair Work Commission may deal with the dispute in 2 stages:

  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
  2. if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then:
    1. arbitrate the dispute; and
    2. 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. While the parties are trying to resolve the dispute using the procedures in this term:

  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
  2. an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:
    1. the work is not safe; or
    2. applicable occupational health and safety legislation would not permit the work to be performed; or
    3. the work is not appropriate for the employee to perform; or
    4. there are other reasonable grounds for the employee to refuse to comply with the direction.

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

Review of decisions to terminate employment

16. Termination of, or a decision to terminate, employment cannot be reviewed under the procedures for preventing and settling disputes or under the review of actions procedures at s.33 of the Public Service Act.

Part C Remuneration Arrangements

Annual productivity salary increases

17. Employees will receive a productivity salary increase of:

  1. 1.5% on commencement of the Agreement
  2. 1.5% 12 months after commencement
  3. 1.5% 24 months after commencement.

18. No qualifying period applies in relation to an employee's eligibility to receive a productivity salary increase.

Salary maintenance – existing employees

19. An employee in receipt of a salary above the salary range published at Appendix 1, for their classification and pay point on commencement of this Agreement, will have their salary maintained at that higher rate. These arrangements will continue until the relevant rate of pay in Appendix 1 equals or exceeds the employee's maintained salary, at which time the applicable salary in Appendix 1 will apply.

Salary rates and salary advancement

20. Salary ranges and pay points to apply under this Agreement are set out in Appendix 1.

21. On commencement of this Agreement an employee will receive the salary relevant to their current classification and pay point as specified in Appendix 1.

22. Subject to this Agreement, an employee may achieve a further salary increase on 1 July each year. Salary advancement through the pay points relevant to the employee's classification or broadband, is based on the outcome of the employee's participation in the Commission's Performance Appraisal Scheme.

23. The Performance Appraisal Scheme in Part J of this Agreement includes rules about eligibility for performance based salary advancement, including the qualifying period.

24. The Commissioner may approve pay point movements within a broadband or within individual classifications in other circumstances.

Individual flexibility arrangement

25. The Commissioner and an employee covered by this Agreement may agree to make an Individual Flexibility Arrangement to vary the effect of any of the terms of this Agreement, where the arrangement meets the genuine needs of the employee and Commission.

26. The Commissioner must ensure that a flexibility arrangement agreed to under this clause:

  1. is about permitted matters under section 172 of the Fair Work Act;
  2. does not include unlawful terms under section 194 of the Fair Work Act;
  3. results in the employee being better off overall than if no arrangement was agreed to;
  4. is in writing;
  5. is signed by both the employee and the Commissioner, and, if the employee is under 18, is signed by their parent or guardian;
  6. is able to be terminated by either the employee or the Commissioner giving not more than 28 days written notice, or at any time by agreement between the employee and the Commissioner in writing; and
  7. is given to the employee within 14 days after it is agreed to.

27. A flexibility arrangement must be genuinely agreed between the employee and the Commissioner.  

Payment of salary

28. Employees will have their fortnightly salary paid in arrears by electronic funds transfer into a financial institution account of their choice.

Flexible remuneration packaging

29. Access to flexible remuneration packaging via the Commission's Flexible Remuneration Scheme (Salary Packaging) - as varied from time to time - will be available to all employees, including casual employees, covered by this Agreement.

30. Where an employee takes up the option of flexible remuneration packaging on a 'salary sacrifice' basis, the employee's salary for purposes of superannuation, severance and termination payments (and any other purpose), will be determined as if the flexible remuneration packaging arrangement had not been entered into.

Salary on engagement, assignment or promotion

31. Where an employee is engaged or promoted within or to the Commission, salary will be payable at the minimum point of the relevant salary range. The Commissioner may authorise payment of salary above the minimum point in that salary range.

32. An employee, to whom Clause 31 applies, may discuss salary with the Commissioner before taking up the assigned duties. The qualifying periods for salary advancement under the Performance Appraisal Scheme will be taken into account in this discussion.

33. Where an employee is assigned new duties within, or moves to the Commission at the employee's existing Classification, salary will be payable at the point of the applicable classification salary range outlined at Appendix 1 as determined by the Commissioner.

Salary on temporary assignment to the Commission from another agency at a higher classification

34. Where an employee is temporarily assigned higher duties in the Commission from another APS agency under s.26 of the Public Service Act, salary will be payable at the minimum point of the applicable classification salary range outlined at Appendix 1, unless determined otherwise by the Commissioner.

Salary maintenance on movement to the Commission

35. At the discretion of the Commissioner, an employee moving to the Commission from another Agency (the "other Agency") whose salary at the other Agency (current salary) exceeds the current maximum of the relevant classification or broadband in this Agreement, may be maintained on their current salary until such time as their salary is commensurate with the relevant Commission salary. This salary maintenance will be managed in the same manner as provided for in Clause 19.

Salary on temporary assignment within the Commission

36. Where an employee is temporarily assigned duties with a higher classification for a continuous period of 20 working days or more, or a shorter period which is then extended to or beyond 20 working days, the employee will be paid at the minimum point of the salary range applicable to that classification unless determined otherwise by the Commissioner.

37. These arrangements apply to each new period of temporary assignment.

38. These arrangements also apply where an employee is temporarily assigned duties to an SES role, unless alternate salary arrangements are determined by the Commissioner.

Salary on reduction to duties with a lower classification

39. Where the classification of an employee is reduced, on either a temporary or ongoing basis in accordance with the provisions of this Agreement and/or the provisions of the Public Service Act, salary will be determined by the Commissioner having regard to:

  1. the experience, qualifications and skills of the employee
  2. the salary payable to, and classification of the employee in respect of the duties they performed before the new duties were assigned
  3. the classification of the employee in relation to the new duties
  4. work level standards.

40. Where the reduction in classification is a result of workforce adjustment outlined in Part K of this Agreement, an employee's reduced salary will take effect after the expiration of an income maintenance period determined in Part K.

41. Where the reduction in classification is employee-initiated no income maintenance period will apply.

Rate of salary – casual loading

42. A casual employee will be paid a 20% loading in lieu of paid leave entitlements (except Long Service Leave).

Cadet rates

43. The Commissioner may engage a person as a Cadet APS.

44. A Cadet APS Employee will be paid 67% of the minimum salary point of APS 1.

45. When the Commissioner is satisfied that the course of training has been successfully completed, a Cadet APS Employee will be allocated a classification in accordance with the Classification Rules and the Commissioner will determine a salary within the applicable range.

Trainee rates

46. The Commissioner may engage a person as a Trainee APS (Administrative).

47. A Trainee APS (Administrative) Employee will be paid at the minimum salary point of APS 1 or such other salary point as the Commissioner determines.

48. When the Commissioner is satisfied that the course of training has been successfully completed, a Trainee APS (Administrative) Employee will be allocated a classification in accordance with the Classification Rules and the Commissioner will determine a salary within the applicable range.

Graduate rates

49. The Commissioner may engage a person as a Graduate APS.

50. A Graduate APS Employee will be required to undertake a course of training determined by the Commissioner. While undertaking training, a Graduate APS Employee will be paid at a salary point within the APS 3 classification of the APS3/4 Broadband, as determined by the Commissioner.

51. When the Commissioner is satisfied that the course of training has been successfully completed, a Graduate APS Employee will be allocated a classification in accordance with the Classification Rules. The Commissioner will then assign duties within the APS4 classification of the APS3/4 broadband and determine salary.

Superannuation

52. The Commission will make compulsory employer contributions as required by the applicable legislation and fund requirements.

53. The Commission will provide an employer contribution of 15.4% of ordinary time earnings for members of the Public Sector Superannuation Accumulation Plan and for those employees exercising superannuation choice.

54. Employer superannuation contributions will be paid to accumulation superannuation funds during periods of paid and unpaid parental leave (including Maternity, Parental, Adoption and Foster Care Leave) for periods of leave to a maximum of 52 weeks.

55. The Commission will make employer superannuation payments to any eligible superannuation fund nominated by an Employee, provided that it accepts payment by fortnightly electronic funds transfer (EFT) using a file generated by the Commission's payroll system.

Part D Classification Structure

Classification structure

56. The Commission classification structure under the Agreement will consist of the following:

  • EL 2
  • EL 1
  • APS 6
  • APS 5
  • APS 3/4 Broadband (covering both APS Level 3 and APS Level 4 classifications)
  • APS 1/2 Broadband (covering both APS Level 1 and APS Level 2 classifications)
  • Graduate APS
  • Cadet APS
  • Trainee APS

57. Movement between classifications within a broadband may only occur if:

  1. sufficient work is available at the higher classification level
  2. the employee has gained the necessary skill and proficiencies to perform duties in accordance with the work level standards for that classification
  3. the employee is rated as performing well or performing exceptionally in accordance with Clauses 175-181.

58. The provisions of clause 57 do not affect the temporary assignment of duties at a higher classification outlined at Part C.

59. Where an employee has moved between classifications within a Broadband in accordance with Clause 57, the employee will be advised of their new classification.

Part E Leave

Portability of accrued Annual and Personal/carer's Leave entitlements

61. Where an employee is engaged by the Commission as either an ongoing or non-ongoing APS employee following a period of ongoing employment with an employer staffed under the Parliamentary Service Act 1999 or from the ACT Government Service, the employee's unused accrued Annual Leave and Personal/carer's Leave (however described) will be transferred, provided there is no break in continuity of service.

62. Where an employee moves (including on promotion or for an agreed period) from another Agency where they were an ongoing APS employee, the employee's unused accrued Annual Leave and Personal/carer's Leave (however described) will be transferred provided there is no break in continuity of service.

63. Where a person is engaged as an employee and immediately prior to the engagement the person was employed as a non-ongoing APS employee, the Commissioner may, at the employee's request, recognise any accrued Annual Leave and Personal/carer's Leave (however described), provided there was no break in continuity of service. Any recognised Annual Leave excludes any accrued leave paid out on separation.

64. The use of leave credits transferred to the Commission will be in accordance with Part E of this Agreement.

Annual leave

Entitlement

65. An employee is entitled to 20 days Annual Leave each calendar year, which accrues progressively and is credited monthly

Conditions

66. Annual Leave credits may be taken at any time, subject to operational requirements and the approval of the Commissioner.

67. An employee with more than 60 days annual leave may be directed to take annual leave. An employee will not be directed to take more than 25% of their annual leave credit at the time of the direction.

68. Where an employee has their leave cancelled or is recalled to duty from leave by the Commissioner, the employee may be reimbursed reasonable travel costs and incidental expenses not otherwise recoverable under any insurance or from any other source.

69. The Commissioner may approve up to 40 days annual leave at half pay in any 12 month period.

70. Unless approved by the Commissioner, employees with an annual leave accrual of more than 30 days at the time of application cannot access annual leave at half pay.

71. An employee is not eligible to utilise Annual Leave on half pay in the 12 months following an approved application to purchase leave.

72. The Commissioner may approve other types of leave during a period of annual leave if satisfactory evidence is provided. Annual leave will be re-credited to the extent of any other leave granted.

Cash out

73. The Commissioner may approve an application from an employee to cash out a portion of the employee's accrued Annual Leave credits. To be eligible to cash out annual leave employee's must:

  1. have taken at least 15 days Annual Leave in the 12 months immediately preceding the request to cash out leave
  2. have at least 20 days Annual Leave credit remaining.

74. The employee will be paid the full amount that would have been paid had the employee taken the entitlement as leave.

75. Each cashing out of a particular amount of Annual Leave must be by a separate agreement in writing with the Commissioner.

Payment on separation

76. On separation from the APS, the employee will be paid out leave entitlements in accordance with the Fair Work Act and Long Service Leave (Commonwealth Employees) Act 1976.

77. Where an employee dies, or is presumed to have died on a particular date, the Commissioner may authorise payment to be made to dependants, the partner of the former employee or the former employee's legal representative of all leave entitlements otherwise payable on resignation or retirement.

Purchased leave

78. An employee may, with the approval of the Commissioner, purchase up to four weeks' additional unpaid leave per year. Salary payments will be averaged over the whole year to ensure that a standard rate is received each fortnight. Purchased leave will count as service for all purposes.

79. An employee is not eligible to purchase leave in the 12 months following an approved application to utilise Annual Leave on half pay in accordance with Clause 69 of this Agreement.

80. When an employee ceases employment with the Commission, the purchased leave credits and payments will be reconciled and payments recovered, or refunded as appropriate. Unused purchased leave credits are not transferable between agencies.

Long service leave

81. The entitlement to Long Service Leave is provided for under the Long Service Leave (Commonwealth Employees) Act 1976.

82. An eligible employee may access, with approval from the Commissioner, Long Service Leave for a minimum period of seven calendar days at full pay or 14 calendar days for leave at half pay. Long Service Leave cannot be broken with other periods of leave, except as otherwise provided by legislation.

Personal/carer's leave

Entitlement

83. An employee is entitled to 18 days paid Personal/carer's Leave each calendar year, which accrues progressively and is credited monthly.

84. Unused Personal/carer's Leave will accrue from year to year but will not be paid out on separation.

Use

85. An employee may take Personal/carer's Leave for the following purposes:

  1. personal illness or injury
  2. to provide care or support to a family or household member who has a personal illness or injury or unexpected emergency
  3. unforseen personal emergency.

86. Leave for the purposes of Clause 85(c) must not exceed 8 days per calendar year.

Conditions

87. To use Personal/carer's Leave, an employee must provide acceptable evidence in the following circumstances:

  1. for Personal/carer's Leave of three consecutive working days or more;
  2. for any Personal/carer's Leave in excess of a total of eight days in any calendar year where evidence has not been provided for any of those days; or
  3. in any other circumstance where requested by the Commissioner.

88. Acceptable evidence will be evidence that would satisfy a reasonable person that the leave was taken for a permitted use as described in this Part. This would generally be either a medical certificate or a statutory declaration. For leave other than personal injury, illness or caring purposes, suitable written reasons must be provided to an employee's manager.

89. An employee will not be entitled to paid Personal/carer's Leave while also entitled to paid Maternity, Adoption or Foster Care Leave except as otherwise provided by legislation.

90. An employee will not, without the employee's consent, be retired on invalidity grounds before the employee's paid Personal/carer's Leave credit has expired.

Compassionate leave

91. An employee is entitled to three days paid leave on each occasion that Compassionate Leave is required. The leave may be accessed when a member of the employees family or household:

  1. contracts or develops a personal illness or sustained a personal injury that poses a serious threat to life; or
  2. dies.

92. A casual employee may access three days of unpaid leave on each occasion that Compassionate Leave is required.

Miscellaneous leave

93. The Commissioner may approve a period of miscellaneous leave for an employee. The Commissioner will determine whether the period of absence is to be with or without pay.

94. The Commissioner may determine under Clause 93 that only a part of the period of leave will be with pay.

95. Unless the Commissioner determines otherwise, any continuous period of Miscellaneous Leave without pay greater than 30 calendar days will not count as service for Annual Leave and Personal/carer's Leave purposes.

Maternity and Parental Leave

96. Eligible employees are entitled to maternity leave in accordance with the Maternity Leave (Commonwealth Employees) Act 1973 (the ML Act).

97. Employees who are eligible for paid maternity leave under the ML Act are entitled to an additional 4 weeks of paid leave, to be taken immediately following the period of paid maternity leave provided by the ML Act.  

98. Employees who adopt or foster (long term) a child and who are the primary caregiver for that child, are entitled to up to 52 weeks of parental leave. An employee who has completed at least 12 months continuous service in the APS is entitled to take the first 16 weeks as paid leave. Leave for adoption or long term fostering purposes is available from one week prior to the date of placement of the child.

99. Employees are entitled to parental leave for adoption or long term foster care when that child:

  1. is under 16 years of age;
  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 expected day) of placement; and
  3. is not (otherwise than because of the adoption) of a child of the employee or the employee's spouse/partner.

100. Documentary evidence of approval for adoption or enduring parental responsibilities under the formal fostering arrangements must be submitted when applying for parental leave for adoption or long-term foster carer purposes.

101. Employees who are eligible for paid maternity or parental leave may elect to have the payment for that leave spread over a maximum of 32 weeks at a rate no less than half normal salary. Where payment is spread over a longer period, only the first 16 weeks will count as service.

102. On ending the initial 52 weeks of maternity or parental leave, employees may request an extension of unpaid parental leave for a further period of up to 52 weeks. The second period of unpaid leave is to commence immediately following the initial 52 week leave period.

103. Unpaid maternity leave or parental leave will not count as service for any purpose.

104. 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 request flexible working arrangements that are provided by the Fair Work Act.

Supporting Partner leave

105. An employee who is not the primary care giver to a dependent child is entitled to 15 days paid leave immediately following the birth, adoption or long-term fostering of the dependent child. This leave counts as service for all purposes. An employee who meets the requirements under the National Employment Standards (NES) for Parental Leave is entitled to a maximum of twelve months unpaid Parental Leave in accordance with the relevant NES less any period taken under Clause 105.

106. An employee may make application to the Commissioner for up to an additional 12 months unpaid Parental Leave immediately to follow the initial 12 month entitlement period.

107. Where an employee requests additional unpaid Parental Leave and this request is denied, written reasons will be provided by the Commissioner.

108. The Commissioner may determine that all or part of the entitlement to Parental Leave, which would otherwise be unpaid, will be with pay. The Commissioner may determine that all or part of the entitlement to unpaid Parental Leave will count as service for any purpose.

Defence reserve leave

109. 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.

110. An employee is entitled to leave with pay, of up to 4 weeks during each financial year, and an additional 2 weeks paid leave in the first year of ADF Reserve Service, for the purpose of fulfilling service in the ADF Reserve.

111. 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.

112. 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.

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

War service sick leave

114. Employees may be eligible to be granted war service sick leave while unfit for duty because of a war or defence caused condition.

115. A war-caused condition means an injury or disease of an employee that has been determined under the relevant legislation to be war-caused or defence-caused.

116. Eligible employees will accrue a special credit of nine weeks on commencement in the APS and an annual credit of three weeks for each year of APS service. Unused credits will accumulate to a maximum of nine weeks.

Community service (emergency management and jury service) leave

117. 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 Commissioner may determine whether any or all of leave taken for participation in voluntary emergency management activities will be with pay.

118. An employee will continue to be paid by the Commission for any period of jury service, but will be required to pay to the Commission any amount of jury service pay received by the employee.

Public holidays

119. An employee is entitled to Public Holidays in accordance with section 115 of the Fair Work Act.

120. Where the Commissioner and an affected employee agree, another day may be substituted for any Public Holiday.

121. An employee, who is absent on a day or part-day that is a Public Holiday in the place where the employee is based for work purposes, is entitled to be paid for the part or full day absence as if that day or part-day was not a Public Holiday, except where the Employee would not normally have worked on that day.

122. Where a Public Holiday falls during a period when an employee is absent on leave (other than Annual or paid Personal/carer's Leave) there is no entitlement to receive payment as a Public Holiday. Payment for that day would be in accordance with the entitlement for that form of leave (e.g. if on Long Service Leave on half pay, payment is on half pay).

Christmas close-down

123. The Christmas close-down applies between 25 December until the commencement of the first working day following 1 January.

124. There will be no requirement to take Annual Leave or use accrued Flextime over this period.

125. An APS 1-6 employee who is directed by the Commissioner, due to exceptional circumstances, to be on duty during the Christmas Close-Down Period, will be entitled to accrue additional flextime at 1.5 hours for each hour worked. An EL employee will be entitled to time off in lieu in accordance with Clause 165.

Part F Allowances and Expenses

Payment for work outside the standard bandwidth

126. On each occasion that an employee at an APS 1–6 classification or a training classification (excluding Casual Employees) is directed by the Commissioner:

  1. to work outside the Standard Bandwidth as defined in Part H of this Agreement  
  2. to return to duty for reason of urgent work requirements at a time when they would not otherwise be on duty
  3. in the case of a regular Part-Time Employee - to work outside regular agreed hours for a continuous period of at least two hours

the employee will be entitled (in recognition of additional incurred costs and inconvenience) to a payment of $85. Eligible employees will also be entitled to accrue flextime credits in accordance with Part H of this Agreement.

127. Where a part-time employee is directed to work an additional standard day/s (refer clause 144), the employee will be paid for additional day/s worked.

128. Clause 126 does not apply where an employee is undertaking Official Travel.

129. An employee may, with reasonable cause, decline to work outside the Standard Bandwidth or, in the case of a regular part-time employee, outside regular agreed hours.

First aid allowance

130. An employee who is appointed as a First Aid Officer by the Commissioner, will be paid a fortnightly allowance of:

  1. $23.85 from commencement of the Agreement
  2. $24.21 12 months after commencement
  3. $24.58 24 months after commencement.

Departmental Liaison Officer duties allowance

131. An employee who is assigned the duties of Departmental Liaison Officer is entitled to an allowance at the annual rate of:

  1. $16,424 from commencement of the Agreement
  2. $16,670 12 months after commencement
  3. $16,920 24 months after commencement.

Loss, damage and indemnity

132. The Commissioner may approve reimbursement to an employee for loss or damage to clothing or personal effects which occurred in the course of the employee's work. This reimbursement is not subject to tax instalment deductions.

Relocation assistance

133. The Commissioner may approve reasonable relocation assistance for an employee.  

Part G Official Travel

Use of private motor vehicle allowance

134. The Commissioner may approve an employee using their own vehicle, or a vehicle hired at the employees expense, for official purposes where the Commissioner considers that it will result in greater efficiency or involves less expense for the Commission.

135. Motor Vehicle Allowance will be paid in accordance with the rates set by the Tax Assessment Regulations 1997.

Payment of travel expenses

136. An employee who is required to travel on official business will be provided with an Australian Government Credit Card which should be used to pay reasonable out of pocket expenses for accommodation, meals and incidentals while on Official Travel.

137. Reasonable travel expenses are consistent with the rates set by the Australian Taxation Office.

138. The Commissioner may approve expenses in excess of the Australian Taxation Office reasonable travel expense rates.

139. Where it is impractical to use the Australian Government Credit Card, reasonable out of pocket expenses will be reimbursed.

Living away from home expenses

140. When an employee is required to undertake Official Travel (excluding deployments under clause 142) which results in the employee residing in one locality for a period of at least 21 days, a reviewed payment which is equal to the actual amount expended on accommodation, incidentals and additional meals, or an amount which the Commissioner considers to be reasonable in the circumstances, will apply.

Official travel overseas

141. An employee who is required to undertake Official Travel overseas will be provided with an Australian Government Credit Card or a cash advance that is to be acquitted, to meet reasonable accommodation, meal and incidental expenses. The cash advance will be administered on a case-by-case basis having regard to issues such as accepted processes for the payment of accounts in the country being visited and projected expenses where payment by credit card is not an option.

Overseas deployment

142. The employment conditions for an employee deployed overseas on an aid program funded by the relevant agency (currently the Department of Foreign Affairs and Trade), will be consistent with the prevailing whole of government overseas conditions.

Part H Flexible Work Environment

Hours of work

143. The hours of work for a full-time employee are 150 hours over a four-week Settlement Period.

144. The standard working day is seven hours and thirty minutes (7 hours 30 minutes).

145. An employee should not work more than 10 hours per day unless directed to do so.

146. An employee must not work for more than five hours without an unpaid break of at least 30 minutes.

147. Once it has been established that an employee is absent from duty without approval, all pay and other benefits provided under this Agreement, will cease to be available until the employee resumes duty or is granted leave in accordance with this Agreement.

Bandwidths

148. The standard bandwidth is between the hours of 7.00 a.m. and 7.00 p.m., Monday to Friday.

149. Hours worked within the standard bandwidth are ordinary time.

150. Payment for work outside the bandwidth is described at Clause 126.

Flextime

151. An employee, excluding Casual Employees, at an APS 1–6 classification or a training classification may access Flextime arrangements under this Agreement.

152. The Commissioner will administer these arrangements in a way which meets the Commission's operational requirements and responsibilities. Where possible, the Commissioner will take into consideration the individual needs of the employee.

153. Part-time employees are not eligible for flextime. However, part-time employees may access limited flexible arrangements on an ad hoc basis by agreement with their Manager.

154. Subject to Clause 143, an employee is required to work an average of 37 hours and 30 minutes per week with an average of 7 hours 30 minutes per working day, but flexibility in relation to hours worked on any particular day is available within the standard bandwidth (see Clause 148).

155. Flextime credits will accrue on an hour for hour basis when work is performed within the standard bandwidth, except where clause 159 applies.

156. An employee at an APS 1–6 classification or a training classification may not carry over in excess of 37 hours and 30 minutes flextime credit at the end of any Settlement Period unless:

  1. They have brought the matter to the attention of their manager prior to the end of the Settlement Period; and
  2. The manager and the employee have put in place a strategy to reduce the credit below 37 hours and 30 minutes prior to the end of the next Settlement Period.

157. An employee at an APS 1–6 classification or a training classification may not carry over in excess of 15 hours flextime debit at the end of any Settlement Period.

Direction to work outside the standard bandwidth

158. Where an APS 1-6 or training classification employee is directed to work more than 10 hours on any one day within the standard bandwidth, any hours worked in excess of 10 hours will accrue as flextime at a rate of 1.5 hours for each hour worked (Monday to Saturday), or at a rate of 2 hours for each hour worked (Sundays and Public Holidays).

159. Where the Commissioner directs an employee at an APS 1–6 classification or a training classification to work outside the standard bandwith, flextime credit will accrue at the following rates with a minimum of 3 hours to be accrued for any time worked.

Monday to Friday: time worked between 6.00am – 7.00am or 7.00pm - 10.00pm will accrue flextime at 1.5 hours for each hour worked. Time worked before 6.00am or after 10.00pm will accrue flextime at 2 hours for each hour worked.

Saturday: time worked between 8.00am – 6.00pm will accrue flextime at 1.5 hours for each hour worked. Time worked before 8.00am or after 6.00pm will accrue flextime at 2 hours for each hour worked.

Sundays and Public Holidays: time worked will accrue flextime at 2 hours for each hour worked.

160. Where an employee is directed to work outside the standard bandwidth the employee will be entitled to an 8 hour break plus reasonable travelling time following the end of the period of work before commencing work again.

161. Where the break referred to in Clause 160 is not possible due to operational requirements the employee will accrue flex at 2 hours for each hour worked, until an 8-hour break can be granted

162. Clauses 158 to 161 do not apply where an employee is required to undertake Official Travel.

Employees travelling on official duty

163. Official Travel, wherever possible, should be undertaken during the standard bandwidth. When an employee at the APS 1-6 classification or a training classification is required to undertake Official Travel, time spent working or in transit may be recorded as standard hours (i.e. flextime to accrue on an hour for hour basis). This Clause should be read in conjunction with Clauses 151 to 157 and Clauses 164 and 165.

Working arrangements for executive level employees

164. Arrangements about when work is performed for EL 1 and 2 employees will be determined by the Commissioner. Where possible, the Commissioner will take into account the individual needs of the employee.

165. Where an employee has consistently worked excessive hours a manager may, having regard to the points above, grant reasonable time off in recognition of additional hours worked at a time mutually agreed. Such absences do not need to be covered by any form of leave.

Part I Work and Life Balance

Flexible working arrangements

166. An employee may request flexible working arrangements in accordance with section 65 of the Fair Work Act.

167. The Commissioner may approve an employee to work away from the office, subject to operational requirements.

Regular part-time employment

168. The Commissioner may approve an employee's request for part-time work, subject to operational requirements. Part-time work may include job sharing arrangements.

169. A part-time employee is one who works a regular number of hours and whose hours of work are less than 150 hours over the four week Settlement Period. The Commissioner will agree with the employee the number of days and number of hours to be worked, under the four-week Settlement Period. However, a minimum of three hours are to be worked consecutively on any day.

170. The Commissioner may initiate the introduction or extension of part-time employment. Employees will not be required to convert from full-time to part-time hours or from part-time to full-time hours, without their agreement.

171. The Commissioner and the employee may agree to vary the part time work agreement, including a reversion to full time hours, before the end of any period of an agreed part-time working arrangement.

172. Unless agreed otherwise between the employee and the Commissioner in writing, or otherwise described in the Agreement, remuneration and other benefits for part-time employees will be calculated on a pro rata basis.

Family care costs

173. The Commissioner may authorise reimbursement of reasonable expenses arising from additional family care arrangements made necessary where an employee is:

  1. required to travel away from their normal work location for business purposes
  2. directed to work additional hours or to attend a conference or learning and development course outside the standard bandwidth
  3. directed to work outside the employee's regular agreed hours of work
  4. directed to return to duty.

Health promotion

174. The Commission will provide employees with access to health and wellbeing initiatives.

Part J Performance and Development

Performance appraisal scheme

175. Employees must participate in the Commission's performance appraisal scheme. The performance management cycle runs from 1 July to 30 June each year.

Eligibility for performance based salary advancement

176. On 1 July an eligible ongoing employee who is below the maximum pay point of their substantive classification or substantive broadband, will be eligible for progression to the next highest pay point within their substantive classification or broadband, subject to clauses 177 to 181.

177. Eligibility for performance based salary advancement is limited to ongoing employees who are present in the workplace and subject to appraisal for a minimum of six months during the annual appraisal cycle. Employees must be rated as performing well or performing exceptionally at the end of the annual performance appraisal cycle to be advanced.

178. Non-ongoing employees are not eligible for salary advancement under these provisions.

179. Where an employee is promoted within the Commission and has previously been temporarily assigned duties at this classification, and that period of temporary assignment immediately precedes the date of effect of the promotion, the period of temporary assignment will count towards the qualifying period for salary advancement.

Performance Improvement Plan

180. An employee who is rated as requiring development during their annual review will be placed on a performance improvement plan.

181. Where an employee has improved their performance and is reassessed as performing well, salary advancement to the next available pay point will take effect from the date of reassessment, subject to clauses 176 to 179.

Skills recognition and development

182. The Commissioner may approve funding of professional development needs where these are agreed between the Commissioner and the employee.

Study encouragement scheme

183. The Commission may provide financial or other assistance to an employee to undertake formal courses of study at tertiary and higher education institutions and other vocational education courses, where the study is agreed as part of an employee's Learning and Development Agreement developed as a part of the Performance Appraisal Scheme.

184.

Part K Workforce Adjustment

Employee initiated separation from the APS

185. An employee will, where practicable, give a minimum of 2 weeks' notice of their intention to resign or retire from the APS, except where a lesser period is agreed with the Commissioner.

Excess employees

Coverage

186. The following provisions will apply to all employees of the Commission with the exception of:

  1. ongoing employees who are on probation
  2. non-ongoing employees.

Definition of excess employee

187. An Employee is an Excess Employee if:

  1. the employee is included in a class of employees employed in the Commission which comprises a greater number of employees than is necessary for the efficient and economical working of the Commission; or
  2. the services of the employee cannot be used effectively because of technological or other changes in the work methods of the Commission or changes in the nature, extent or organisation of the functions of the Commission; or
  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 Commissioner has determined that these provisions will apply to that employee.

Consultation with potentially excess employees

188. When the Commissioner is aware that an employee is likely to become excess, the Commissioner will advise the employee.

189. The Commissioner will hold discussions with the employee to advise them of the reasons they may become excess and to consider:

  1. measures that could be taken to resolve the situation, including redeployment opportunities for the Employee at or below level including through any APS-wide deployment mechanism which might exist at the time
  2. referral to a service provider approved by the Commissioner to provide career planning and other appropriate assistance; and
  3. whether Voluntary Retrenchment might be appropriate.

190. Where the employee nominates a representative, the Commissioner will hold the discussions with the employee's representative.

191. The Commissioner may, prior to the conclusion of these discussions, invite an employee who is not a potentially excess employee to express interest in Voluntary Retrenchment, where the retrenchment of that employee would permit the redeployment of an employee who is potentially excess.

Declaring an employee excess

192. At least four weeks after advising the employee in accordance with Clause 188 that they are likely to become excess, the Commissioner may advise the employee in writing that they are an excess employee. The employee and the Commissioner may agree to a shorter period.

Voluntary retrenchment

193. Where an employee is advised that they are an excess employee in accordance with Clause 192, the Commissioner may invite the excess employee to accept Voluntary Retrenchment.

194. Where the Commissioner invites an excess employee to accept Voluntary Retrenchment, the employee will have four weeks in which to accept the offer.

195. Where the offer is accepted the Commissioner will consider whether to proceed with approval of the Voluntary Retrenchment, but will not give notice of termination under section 29(3)(a) of the Public Service Act before the end of the four week period, without consulting the employee.

196. As soon as possible within the four weeks referred to in Clause 194, the Commissioner will give the excess employee information on:

  1. the amount of severance benefit, pay in lieu of notice and paid leave credits
  2. how to ascertain the amount of accumulated superannuation contributions
  3. options open to the employee concerning superannuation; and
  4. any taxation rules applying to the various payments,

which would be payable on Voluntary Retrenchment.

197. An excess employee invited to accept Voluntary Retrenchment will be provided with assistance up to a total of $900 for financial advice and career counselling.

198. Only one offer of Voluntary Retrenchment will be made to an excess employee.

Period of notice

199. Where the excess employee accepts Voluntary Retrenchment, the Commissioner may retrench the excess employee by giving the required notice of termination under section 29(3)(a) of the Public Service Act. The period of notice will be 4 weeks (or 5 weeks for an employee over 45 and with at least 5 years of continuous service).

200. Where an employee's employment is terminated at the beginning of, or within, the notice period, the employee will receive payment in lieu of notice as set out in the Fair Work Act for the unexpired portion of the notice period.

Severance benefit

201. An employee whose employment is terminated under section 29(3)(a) of the Public Service Act following their agreement to be voluntarily retrenched is entitled to be paid a Severance Benefit of an amount equal to two weeks' salary for each completed year of continuous service, plus a pro rata payment for completed months of service since the last completed year of service, subject to any minimum amount the employee is entitled to under the National Employment Standards NES.

202. The minimum sum payable will be four weeks' salary and the maximum will be 48 weeks' salary.

203. The redundancy benefit will be calculated on a pro rata basis for any period where the employee has worked part-time hours during his or her period of service and the employee has less than 24 years full-time service, subject to any minimum amount the employee is entitled to under the NES.

204. Service for severance pay purposes means:

  1. service in the Commission
  2. Government service as defined in section 10 of the Long Service Leave (Commonwealth Employees) Act 1976
  3. service with a Commonwealth body (other than service with a Joint Commonwealth-State body corporate) in which the Commonwealth has a controlling interest which is recognised for long service leave purposes
  4. service with the Australian Defence Forces
  5. APS service immediately preceding deemed resignation under repealed section 49 of the Public Service Act, if the service has not previously been recognised for severance pay purposes; and
  6. service in another organisation where:
    1. an employee moved from the APS to that organisation with a transfer of function; or
    2. an employee engaged by that organisation on work within a function is engaged in the APS as a result of the transfer of that function to the APS; and
    3. such service is recognised for long service leave purposes.

Rate of Payment

205. For the purpose of calculating any payment under Clause 201, salary will include:

  1. the employee's salary at their substantive work value level; or
  2. the salary of the higher work value 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 retirement; and
  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, or a payment for disabilities associated with the performance of duty.

Accelerated separation option and additional payment

206. Where the Commissioner invites an excess employee to accept Voluntary Retrenchment, the Commissioner may also invite the excess employee to accept an accelerated separation option. This option provides, in addition to the Severance Benefit, a payment of a maximum of four weeks' salary in lieu of the consideration period referred to in Clause 194 where the excess employee agrees to termination of employment and the employment is so terminated within 14 days of receiving an offer of Voluntary Retrenchment. Any payment to which the employee is entitled will be equal to the balance of the four week period referred to in Clause 194.

Retention period

207. An excess employee will be entitled to the following retention period:

  1. 13 months where they have 20 or more years of service or are over 45 years of age; or
  2. 7 months.

208. If an employee is entitled to a redundancy payment under the NES, the retention period at Clause 207 will be reduced by the employee's redundancy pay entitlement under the NES on termination, calculated as at the expiration of the retention period (as adjusted by this Clause).

209. The retention period will commence on the day the employee is advised in writing by the Commissioner, in accordance with Clause 192, that they are an excess employee.

210. The retention period will be extended by any periods of personal/carer's leave taken for the purposes of a personal illness or injury during the retention period.

211. Where:

  1. an excess employee has been receiving redeployment assistance from a service provider for two months; and
  2. the service provider advises that there is no reasonable prospect of redeployment in the APS; and
  3. the Commissioner is satisfied that there is insufficient productive work available for the employee within the Commission during the remainder of their retention period,

the Commissioner may, in consultation with the employee, terminate the employment of the employee under section 29 of the Public Service Act. Upon termination, the Employee will be paid a lump sum comprising the balance of the retention period (as shortened for the NES under Clause 208) and this payment will be taken to include the payment in lieu of notice of termination of employment, plus the employee's NES entitlement to redundancy pay.

Redeployment

212. Where an excess employee does not accept an offer of Voluntary Retrenchment or the accelerated separation option within four weeks of the offer being made, the redeployment arrangements of this Agreement will apply.

213. An excess employee will have access to the APS-wide redeployment mechanisms.

214. An excess employee will be entitled to a period of retention in which they will have access to the services of a provider approved by the Commissioner to the value of $2600 in order to assist them to be redeployed. The employee is also entitled to funding for financial advice to the value of $900 less any amount already paid in accordance with Clause 197.

215. The Commissioner will take all reasonable steps, consistent with the interests of the efficient administration of the Commission, to assign new duties to an excess employee at their substantive classification within the Commission.

216. The Commissioner, after taking reasonable steps to find alternative employment in the Commission at the excess employees substantive Classification, may, with four weeks' notice, allocate a lower Classification to the employee, having determined that duties appropriate to that Classification are to be performed by the employee. The employee will receive income maintenance to maintain their salary at the previous higher classification for the balance of the retention period.

Assistance

217. An excess employee, who is on a retention period, will be given assistance in meeting reasonable travel and incidental expenses incurred in seeking alternative employment (where such expenses are not met by the prospective employer) and will be given reasonable time off work to attend job interviews.

218. An excess employee required to move their household to a new locality as a result of an assignment to new duties at the same or lower Classification may be entitled to reasonable expenses in accordance with Part F of this Agreement.

Involuntary retrenchment

219. Subject to Clause 216 the Commissioner under section 29 of the Public Service Act may terminate the employment of an excess employee who has not agreed to Voluntary Retrenchment and has not been permanently redeployed to an ongoing position.

220. The Commissioner will not terminate the employment of an excess employee if the excess employee has not been invited to accept an offer of Voluntary Retrenchment or has elected to accept an offer of Voluntary Retrenchment but the Commissioner has refused to approve it.

Part L Consultation and Communication

221. This consultation term applies if the Commission:

  1. has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or
  2. proposes to introduce a change to the regular roster or ordinary hours of work of employees.

Major change

222. For a major change referred to in paragraph 221(a):

  1. the Commission must notify the relevant employees of the decision to introduce the major change; and
  2. clauses 223 to 229 apply.

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

224. If:

  1. a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
  2. the employee or employees advise the employer of the identity of the representative;

the Commission must recognise the representative.

225. As soon as practicable after making its decision, the Commission must:

  1. discuss with the relevant employees:
    1. the introduction of the change; and
    2. the effect the change is likely to have on the employees; and
    3. measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and
  2. for the purposes of the discussion—provide, in writing, to the relevant employees:
    1. all relevant information about the change including the nature of the change proposed; and
    2. information about the expected effects of the change on the employees; and
    3. any other matters likely to affect the employees.

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

227. The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.

228. If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph (2)(a) and subclauses (3) and (5) are taken not to apply.

229. In this term, a major change is likely to have a significant effect on employees if it results in:

  1. the termination of the employment of employees; or
  2. major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or
  3. the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
  4. the alteration of hours of work; or
  5. the need to retrain employees; or
  6. the need to relocate employees to another workplace; or
  7. the restructuring of jobs.

Change to regular roster or ordinary hours of work

230. For a change referred to in paragraph 221(b):

  1. the employer must notify the relevant employees of the proposed change; and
  2. clauses 231 to 235 apply.

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

232. If:

  1. a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
  2. the employee or employees advise the employer of the identity of the representative;

the employer must recognise the representative.

233. As soon as practicable after proposing to introduce the change, the employer must:

  1. discuss with the relevant employees the introduction of the change; and
  2. for the purposes of the discussion—provide to the relevant employees:
    1. all relevant information about the change, including the nature of the change; and
    2. information about what the employer reasonably believes will be the effects of the change on the employees; and
    3. information about any other matters that the employer reasonably believes are likely to affect the employees; and
  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).

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

235. The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees.

236. In this term:

relevant employees means the employees who may be affected by a change referred to in clause 221.

Workplace Relations/Health and Safety Committee

237. A Workplace Relations/Health and Safety Committee will be established to facilitate communication and consultation with employees, and will monitor the implementation of this agreement.

Appendix 1: Commission Salary Scales

ClassificationFrom 5 November 2015
($)
From 29 July 2016 ($)From 29 July 2017 ($)
EL 2.7135,130137,833140,590
EL 2.6133,843136,520139,250
EL 2.5131,998134,638137,330
EL 2.4129,453132,042134,683
EL 2.3127,046129,587132,179
EL 2.2122,802125,258127,763
EL 2.1120,201122,605125,057
EL 1.7109,870112,067114,308
EL 1.6108,812110,989113,208
EL 1.5106,158108,281110,447
EL 1.4104,627106,719108,853
EL 1.3101,054103,075105,136
EL 1.298,197100,160102,164
EL 1.195,86197,77899,734
APS 6.385,48887,19888,942
APS 6.281,98983,62985,301
APS 6.178,74480,31981,925
APS 5.375,63877,15178,694
APS 5.272,40173,84975,326
APS 5.169,16570,54871,959
APS 4.366,34867,67569,029
APS 4.262,57863,83065,106
APS 4.161,64162,87364,131
APS 3.257,71258,86660,044
APS 3.155,96957,08958,231
APS 2.353,59054,66155,755
APS 2.250,02451,02452,045
APS 2.148,04249,00349,983
APS 1.243,50044,37045,258
APS 1.142,05142,89243,750

Training Classifications

Classification          From 5 November 2015 ($)          From 29 July 2016 ($)          From 29 July 2017 ($)
Graduate APS $55,969 $7,089 $58,231
Trainee APS $42,051 $42,892 $43,750
Cadet APS $28,174 $28,738 $29,312

Appendix 2: Interpretations and Definitions

 "Agreement" means the Australian Public Service Commission Enterprise Agreement 2015.

"APS" means the Australian Public Service.

"APS employee" is someone engaged under s.22(2) of the Public Service Act.

"Broadband/s" refers to the combination of two or more Classifications in a single unit called a Broadband. A Broadband encompasses the full range of work value of the Classifications contained within it.

"Cadet APS" means an Employee allocated the classification of Cadet APS in accordance with the Classification Rules 2000. Cadets undertake a Cadetship with the Commission involving a combination of full time tertiary study and work placement throughout the duration of their studies.

"Casual Employee/s" means a person engaged under s.22(2)(c) of the Public Service Act for duties that are irregular or intermittent.

"Classification/s" means an approved classification under the Public Service Classification Rules 2000.

"Commission" means the Australian Public Service Commission.

"Commissioner" means the Australian Public Service Commissioner.

"Employee/s" means an Employee of the Commission covered by this Agreement (whether full-time or part-time) and includes Employees who have been assigned duties at the Commission under s. 26 of the Public Service Act. Unless specified, this does not include a Casual Employee.

"Excess Employee" means an Employee declared to be excess in accordance with Part L of the Agreement.

"Fair Work Act" means the Fair Work Act 2009.

"Family" means a person who:

  1. is related by blood or by marriage to the Employee; or
  2. is a de facto spouse, former spouse or former de facto spouse of the Employee without discrimination as to sexual preference; or
  3. the Commissioner is satisfied they have a strong affinity with the Employee; or
  4. is a child, adopted child or a foster child of the Employee.

"Flextime" is a system of flexible working arrangements which enables an employee and the Commissioner to vary working hours, patterns and arrangements (subject to operational requirements) to average working hours of 37 hours and 30 minutes per week for the settlement period.

"Foster care" means an arrangement whereby an Employee, as primary carer, assumes long term responsibility for a child:

  1. Arising from the placement of the child by a `fostering' arrangement or Parentage Order by a person / organisation with statutory responsibility for the placement of the child
  2. Where the child is, or will be, under 16 years of age as at the day of placement, or the expected day of placement, of the child
  3. Where the placement of the child:
    1. is for a period longer than six months; and
    2. in circumstances where it is not expected that the child will return to their family; and
  4. The child is not (otherwise than because of the fostering) a child of the employee or the employee's spouse or de facto partner.

The 'placement' of a child, means the earlier of the following days:

  1. the day on which the employee first takes long term care of the child; or
  2. the day on which the employee starts any travel that is reasonably necessary to take custody of the child.

"Graduate APS" means an Employee allocated the classification of Graduate APS in accordance with the Classification Rules 2000. Graduates undertake a structured program of training and work placements.

"Manager" means the person to whom an Employee generally reports to on a day to day basis for work related matters, and may include a person referred to as a supervisor.

"Official Travel" means travel that an Employee is requested to undertake on behalf of the Commission. Official Travel requires formal approval by the Commissioner via a movement requisition.

"Public Service Act" means the Public Service Act 1999 as amended from time to time.

"Settlement Period" means a four week period beginning on a pay day Thursday for the purposes of determining flextime debit or credit carryover.

"Trainee APS (Administrative)" means an Employee allocated the Classification of Trainee APS (Administrative) in accordance with the Classification Rules 2000. Trainee APS (Administrative) employees undertake a training program for a period of 12 months which combines time at work with training, and can be full-time, part-time or school-based.

"Training Classification" means the classifications listed in Schedule 2 of the Public Service Classification Rules 2000.

"Working day" is Monday to Friday and excludes public holidays and the Christmas closedown.


[1] The Australian Public Service Commissioner is the Agency Head of the Australian Public Service Commission by virtu