Document 1
From:
s47F
To:
Riordan, Peter
Cc:
Booth, Damien ; Prideaux, Jillian; s22
Subject:
[FOR CLEARANCE] Email to bargaining parties | Commencement provisions and one-off payment [SEC=OFFICIAL]
Date:
Tuesday, 28 November 2023 7:28:10 PM
Attachments:
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OFFICIAL
Hi Peter
I’m writing to seek your clearance on the below email to be sent to all bargaining parties, and forwarded to ALNs.
The email has three substantive purposes:
1.  Confirming the Commonwealth has revised its position on agreement commencement provisions.
2.  Explaining the salary increase clause drafting.
3.  Sharing the answers provided in response to questions about the one-off payment from the ASU.
The explanation of the salary increase clause has been expanded since you earlier cleared it, principally to include the below table. With apologies, I therefore
ask you to review the document again.
Scenario
One-off payment
Pay increase
Allowances
Conditions
Agency commences access period prior to
Paid via the enterprise
1 14 March 2024, and agreement commences
agreement from
prior to 14 March 2024.
14 March 2024.
Paid via supplementary
determination after
agreement voted up.
Agency commences access period prior to
Paid via the supplementary
Always provided from the
Always provided from the
2 14 March 2024, and agreement commences
determination from
commencement of the
commencement of the
after 14 March 2024.
14 March 2024, until the
enterprise agreement.
enterprise agreement.
agreement commences.
Agency does not commence an access
Paid via the enterprise
3 period leading to a successful ballot before
Not applicable.
agreement from
14 March 2024
commencement.
Rebecca has requested an opportunity to discuss the proposed drafting before we circulate the document – that meeting is scheduled for 9.30am tomorrow.
We hope to circulate this email shortly after.
Regards
s47F
---
APS Bargaining
Commencement provisions and one-off payment
Good morning
I am writing to provided further information about the proposed enterprise agreement commencement provisions and some extra detail about the proposed
administration of the one-off payment.
Agreement commencement provision
1.  On Friday 24 November 2023 we provided a fifth draft version of the Statement of Common Conditions, including details of the Commonwealth’s final
pay offer.
2.  This draft also proposed that enterprise agreements would commence from the later of 7 days after approval by the Fair Work Commission or 14
March 2024.
3.  In response to feedback received from bargaining parties, the Commonwealth has agreed to amend this proposal to allow enterprise agreements to
commence prior to 14 March 2024, where approved by the Fair Work Commission.
4.  Increases to base salaries will still not become effective prior to 14 March 2024, and agencies may still specify a later date for operational reasons, but
this change means conditions may commence sooner.
Details about the proposed administration of the one-off payment
1.  On Thursday 23 November 2023 the Commonwealth announced its final pay offer, including of a one-off payment with certain eligibility criteria.
2.  The attached explanatory material describes how the one-off payment will operate, and reflects that agreements may commence before or after 14
March 2024.
3.  Also attached are answers which were provided in response to questions from the Australian Services Union, Tax Officers Branch, at the ATO.
Kind Regards
Damien
Damien Booth
Assistant Commissioner
Workplace Relations Bargaining Taskforce
Australian Public Service Commission
Level 5, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601

e: xxxxxxxx@xxxx.xxx.xx w: www.apsc.gov.au
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Document 2
From:
s47F
To:
i
s22
Cc:
Booth, Damien; s22
Subject:
[FOR REVIEW] Salary increase clauses in the SoCC [SEC=OFFICIAL]
Date:
Wednesday, 29 November 2023 12:47:12 PM
Attachments:
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OFFICIAL
Hi s22
I’ve just tried to call but wasn’t able to reach you.
I have redrafted the Salary increase clauses in the SoCC to reflect the explanation of the salary increase clause
explanatory material.
We have committed to sharing this draft excerpt with Rebecca today. Could you please review and let me know
any thoughts ASAP?
Thanks
s47F
s47F
MAHRI
Director, APS Workplace Relations Bargaining Taskforce
Australian Public Service Commission
Level 5, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
s47F

w: www.apsc.gov.au
Please note that any information or advice in this email is general guidance only, and is not legal advice. The Australian Public Service
Commission does not guarantee and accepts no legal liability arising from, or connected to, the accuracy, reliability, currency or
completeness of this email. You may wish to obtain independent legal advice.

s47F
Document 3
Subject:
[APS BARGAINING] Salary increase clause drafting [SEC=OFFICIAL]
Location:
Microsoft Teams Meeting
Start:
Wed 29/11/2023 9:30 AM
End:
Wed 29/11/2023 10:00 AM
Recurrence:
(none)
Meeting Status:
Meeting organizer
Organizer:
s47F
Required Attendees:
Booth, Damien; 'Rebecca Fawcett'
Hi Rebecca
I’d like to offer a meeting to talk through the clause drafting for the salary increase clause. We’ll be circulating an
explanatory note to all bargaining parties tomorrow morning.
Please let me know if this time does not suit.
Regards
s47F
s47F
MAHRI
Director, APS Workplace Relations Bargaining Taskforce
Australian Public Service Commission
Level 5, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
s47F

w: www.apsc.gov.au
Please note that any information or advice in this email is general guidance only, and is not legal advice. The Australian Public
Service Commission does not guarantee and accepts no legal liability arising from, or connected to, the accuracy, reliability,
currency or completeness of this email. You may wish to obtain independent legal advice.
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2

Document 4
Commonwealth pay increase
Guide
(Commonwealth pay offer)
Common
Statement
condition
1.
Agencies are to incorporate in their agreements the below clause and an
attachment setting out salary rates applicable under this agreement.
Maintain
2.
The attachment to the agreement will set out base salary rates:
condition, if
2.1
as at 31 August 2023 (transitional date);
any
2.2
from the later of commencement or 14 March 2024; (year 1);
Agency-level
2.3
from 13 March 2025 (year 2); and
bargaining
2.4
from 12 March 2026 (year 3).
within
parameters
3.
The transitional date reflects the transitional arrangements adopted to
implement a common pay increase date across the APS.
4.
The pay increase dates for year 2 and year 3 have been aligned to pay periods for
Agency-level
reasons of payroll efficiency.
bargaining
without
5.
The base salary rates in the attachment to the agreement will reflect the
parameters
following pay increases:
5.1
4.0 per cent in year 1;
5.2
3.8 per cent in year 2; and
5.3
3.4 per cent in year 3.
6.
The year 1 pay increase will apply from the later of commencement of the
agreement or 14 March 2024. All enterprise agreements will reflect this drafting.
7.
Where agencies have commenced an access period leading to a successful ballot
by 14 March 2024, they will make a supplementary determination to provide an
additional one-off payment and give effect to the 14 March 2024 date prior to
the commencement of the agreement.
8.
The supplementary determination will be made using a template provided by the
APSC and will provide for two things:
8.1
a one-off payment of 0.92 per cent of salary from the next practicable
pay date, and
8.2
the year 1 pay increase, inclusive of pay fragmentation uplifts, from
14 March 2024.
Page 1 of 3

9.
The supplementary determination wil  provide the year 1 pay increase in the
circumstance that the agreement has been voted up but has not commenced
prior to 14 March 2024. No other allowances or enhanced conditions will be
provided by the determination prior to the commencement of the agreement.
10. The supplementary determination is a transitional instrument, and will
automatical y revoke upon commencement of the agreement.
11. The table below outlines the intended operation of these provisions in different
scenarios.
Scenario
Pay increase
One-of  payment
Al owances
Conditions
Agency commences
access period prior to
Paid via the
1  14 March 2024, and
enterprise
agreement
agreement from
commences prior to
14 March 2024.
Paid via
14 March 2024.
supplementary
determination
Agency commences
Paid via the
after agreement
Always provided
Always provided
access period prior to
supplementary
voted up.
from the
from the
2  14 March 2024, and  determination from
commencement of  commencement of
agreement
14 March 2024, until
the enterprise
the enterprise
commences after
the agreement
agreement.
agreement.
14 March 2024.
commences.
Agency does not
commence an access
Paid via the
3  period leading to a
enterprise
successful bal ot
agreement from
Not applicable.
before
commencement.
14 March 2024.
12. In rare circumstances agencies may have provided headline base salary increases
to employees after the transitional date of 31 August 2023. This includes
circumstances in which an increase was provided under an existing in-term
enterprise agreement or a determination made under section 24(1) of the
Public Service Act 1999, where the instrument was made prior to 31 August 2023.
13. Agencies covered by the circumstances of clause 12 wil , in effect, receive a
“top-up” increase to provide the benefit of the ful  year 1 pay increase, calculated
on salary rates at the transitional date.
Existing conditions
14. Agencies who have in-term enterprise agreements or s24(1) determinations
which provide for a pay increase are to retain those increases if the date of those
increases is before the commencement of a new enterprise agreement.
Agency-level bargaining
15. Any further bargaining in agency-level bargaining would not be consistent with
the Policy.
Page 2 of 3

Common clause to be incorporated into agreements
Salary increase
1.
Salary rates will be as set out in Attachment A to this agreement.
2.
The base salary rates in Attachment A include the fol owing increases:
2.1
4.0 per cent from the first full pay period on or after 1 March 2024 (the
14 March 2024);
2.2
3.8 per cent from the first full pay period on or after 1 March 2025 (the
13 March 2025); and
2.3
3.4 per cent from the first full pay period on or after 1 March 2026 (the
12 March 2026).
3.
In recognition of a common alignment date of the first full pay period on or
after 1 March each year, the payments in Attachment A were calculated based
on base salary rates as at 31 August 2023.
Common Attachment to be incorporated into agreements
Column 1 Column 2
Column 3
Column 4
Column 5
Column 6
From the later of
Classification
Salary
As at
commencement of
From
From
levels
31 August 2023
the agreement or
13 March 2025
12 March 2026
14 March 2024
Page 3 of 3

Document Outline