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From:
ATO Enterprise Agreement
Sent:
Monday, 11 April 2016 2:13 PM
Subject:
All staff: Enterprise Agreement – clarifying the facts about streamlining
[SEC=UNCLASSIFIED]
Categories:
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Enterprise Agreement
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Clarifying the facts about streamlining
TO: All staff
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As we talk with staff across the ATO we hear lots of myths and misunderstandings about the Enterprise
Agreement (EA) proposal. We want to set the record straight so that when it comes time to vote, you’re
armed with the facts.
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The APS bargaining policy
Throughout the entire process we have been upfront about the requirements of the Government’s APS
Bargaining Policy. Our EA proposal, just like every other APS agency/department must comply with the
Policy – otherwise we cannot get our EA proposal approved by the APSC (and therefore cannot offer it to
you for a vote).
Of the 46 EAs that have already been voted in across the APS, they have all complied with the Policy and
no exemptions have been provided. We are offering the maximum pay increase permitted under the Policy,
and no agency has offered more than 6% over three years.
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One key requirement of the Policy is that EAs should be simple, clear and easy to read, and cannot impose
‘restrictive work practices’. This applies to all APS agencies/departments.
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The level of detail in the EA
Recently we’ve heard assertions that the ATO is removing conditions from the EA so that it can change
your employment arrangements at any time, and that the ATO is ‘stripping conditions’.
We do not agree.
In response to your feedback, and consistent with the Policy, we have re-written the proposed EA to
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From:
ATO Enterprise Agreement
Sent:
Wednesday, 20 April 2016 4:37 PM
Subject:
All staff: Enterprise Agreement - information about rostering [SEC=UNCLASSIFIED]
Categories:
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Enterprise Agreement
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Information about rostering
TO: All staff
One area of the draft EA that has generated discussion during the recent information sessions has been
the rostering provisions. We would like to take this opportunity to outline what is, and what isn’t, changing
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in this area.
Rostering hours
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The new EA will continue to limit rostering between the hours of 7.45am to 6.15pm, Monday to Friday.
We’re aware that there are some rumours circulating that this is not the case, however we want to be clear
that these time parameters are clearly stated in the proposed EA (clause 42.3). The ATO cannot roster
employees outside these hours.
We also want to highlight that these hours are no different to what is set out in the 2011 EA. The current
Client Service Window is between the hours of 8am and 6pm (Monday to Friday), with rostering not to
occur outside of the hours of 7.45am to 6.15pm. That 15-minute lead-in (7.45 – 8.00am)/lead-out (6.00 –
6.15pm) is the time people currently have to start and finish their working day.
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Voluntary basis
Just as it is now, rostering schedules will continue to be created on a voluntary basis as much as possible,
including through using first preferences and flextime incentives for the next cycle. In addition, our proposal
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clearly states that rostering arrangements will take into account work/life preferences, hardship factors, the
expressed preferences of individuals, preferred hours of work and will also enable people to swap their
rosters and renegotiate their hours.
We are maintaining this approach because we know it is important to you.
Where rostering can occur
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From:
ATO Enterprise Agreement
Sent:
Wednesday, 6 April 2016 4:45 PM
Subject:
All Staff: Enterprise Agreement – new proposals and next-steps
[SEC=UNCLASSIFIED]
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New proposals and next-steps
TO: All Staff
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Today our bargaining team completed the 53rd day of negotiations to form a new Enterprise Agreement.
The team made a number of announcements today which I would like to share with you.
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Christmas closedown in 2018
I’m pleased to announce that we propose to extend the Christmas shutdown in 2018. This would mean that
in 2018 the shutdown period would cover the full working day of Monday 24 December 2018 until
Wednesday 2 January 2019. This half-day extension means you could start Christmas holidays at COB
Friday 21 December 2018, rather than returning to work (or using other leave) on the Monday morning.
While this, along with the Enterprise Agreement itself, is still subject to Australian Public Service
Commission (APSC) approval, we intend to include this in our offer to you when we put the EA to a vote
within the next few weeks.
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Remote localities provisions
We have also proposed to maintain some elements of the remote localities provisions for those staff in
Townsville and Darwin who currently receive these entitlements. This involves retaining the additional
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leave credits (and leave loading) and the district allowance.
Our aim for a vote
Today the team also announced that we are aiming to conduct a vote starting on 29 April 2016. We’ll
provide further details about the voting process as we approach that date, including how people who may
be on leave can vote.
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From:
ATO Enterprise Agreement
Sent:
Thursday, 21 April 2016 3:31 PM
Subject:
All staff: Formal offer of the proposed ATO Enterprise Agreement - start of access
period [SEC=UNCLASSIFIED]
Categories:
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Formal offer of the proposed ATO
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Enterprise Agreement
Start of access period
TO: All staff
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I would like to formally offer the proposed ATO enterprise agreement for your consideration.
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Tomorrow is the beginning of the ‘access period’ - the 7-day consideration period that occurs immediately
prior to the vote and ends once the vote opens, as required by the Fair Work Act. During this period,
employees should carefully consider the package of pay and conditions being put forward in the proposed
ATO EA so they can make an informed decision before voting.
To assist with consideration of the proposed EA, there is a range of material available on the EA
SharePoint site. This includes:
a copy of the proposed agreement
a tracked changes document showing changes from the current agreement
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a clause by clause comparison and brief description of changes
a series of fact sheets, setting out details about particular aspects of the proposal.
Voting
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Voting will commence at 9am AEST on Friday 29 April 2016 and will close at 1pm AEST on Thursday 5
May 2016.
The ballot for the ATO enterprise agreement (EA) is open to all employees of the ATO who are employed
under the Public Service Act 1999 in classifications at or below Executive Level 2.
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What industrial action is being taken?
The CPSU has advised the ATO of the following:
1. All CPSU members in all States and Territories – the inclusion of a statement* which
has been authorised by the CPSU, in internal email messages.
*The CPSU will provide the statement to their members.
This action will start at 00:01 hours local time on Friday 22 April 2016 and end at 18:00
hours local time on Thursday 5 May 2016.
Key points to note
This protected industrial action
is not a work stoppage
Employees participating in this protected industrial action will otherwise be working as
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normal during this period
The ATO considers that there will be limited impact to the business from this particular
industrial action and as a result has determined that there will be no salary implications
for employees participating in
this protected industrial action
Only those employees who are members of the CPSU and who will be covered by the
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proposed enterprise agreement are entitled to take protected industrial action of the
type specified above
The ATO recognises that employees have the right to take protected industrial action in
accordance with the
Fair Work Act 2009. Equally, we support those employees who wish to
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continue to work on days when their colleagues are engaged in industrial action. An
employee is under no obligation to either take part, or not take part, in any form of
industrial action unless they wish to do so.
What you need to do if you participate Once the action is over - and if you have participated - you should confirm this with your
manager as soon as possible, especially where no prior notification was given.
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Unprotected industrial action
Only those employees who are members of the CPSU and who will be covered by the
proposed enterprise agreement are entitled to take protected industrial action of the type
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specified above it is otherwise considered as unprotected industrial action.
Unprotected industrial action includes actions that:
are not authorised by a protected action ballot
have not been notified to the ATO in accordance with the requirements of the
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Work Act 2009
are undertaken by an employee who is not a member of the CPSU and/or who will
not be covered by the proposed enterprise agreement.
Employees who participate in unprotected industrial action will have a minimum pay
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deduction of four hours.
Further information
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For information about your right to engage or not engage in protected industrial action
please read the industrial action information including FAQs on the Industrial Action
SharePoint site.
If you are contacted by the media for comment refer the enquiry to the Media Unit on (02)
6216 1901. Please also remember your responsibilities as an APS employee in accordance
with the APS Values and Code of Conduct.
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From:
ATO Enterprise Agreement
Sent:
Thursday, 28 April 2016 2:54 PM
Subject:
All staff: Message from the Commissioner - voting commences tomorrow
[SEC=UNCLASSIFIED]
Categories:
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Message from the Commissioner
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Voting commences tomorrow
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TO: All staff
Commencing tomorrow you will have an opportunity to vote on our new Enterprise Agreement (EA) offer.
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After such a long bargaining process, with so much information, claims and counter-claims, we have the
chance to conclude the process and secure a pay increase. One thing is certain – if there is a yes vote, you
will receive a 3% pay increase from the commencement of the new Agreement.
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After speaking with many of you over recent weeks I am confident that you recognise that we have listened
and made considerable changes to present an offer that addresses the key concerns you expressed after
the previous vote. The new EA offer continues the ATO’s excellent employment conditions, such as salaries
at the higher end across the APS, generous leave provisions and the shortest working day in the APS. In
contrast to the previous offer, and in response to your feedback, we are providing more certainty about your
terms and conditions, including:
maintaining the 7 hours 21 minutes standard working day
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keeping the current salary advancement arrangement to be paid on your anniversary
continuing with 8 days personal leave without documentation
rolling the health and wellbeing allowance into salary
retaining the part-day travel allowance
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including detail in the EA, particularly around consultation, rostering, work/life balance, performance
(including underperformance), redundancy and representation
adding an extra half day of Christmas closedown on Monday 24 December 2018
Make sure your vote is informed by the facts. There is a range of detailed information on the EA SharePoint
page including a summary of the benefits of being an ATO employee.
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From:
ATO Enterprise Agreement
Sent:
Friday, 22 April 2016 10:58 AM
Subject:
All staff: Enterprise Agreement - information about the pay offer
[SEC=UNCLASSIFIED]
Categories:
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Information about the pay offer
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TO: All staff
We have been receiving questions in recent weeks about the pay offer for the new EA, so we would like to
take this opportunity to address some key matters for you.
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The APS Bargaining Policy (Policy) sets out the parameters for bargaining across the Commonwealth
public sector.
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Pay offer
The Policy states that ‘Remuneration increases may be negotiated up to an average of 2% per annum’.
The ATO’s pay offer of 3%, 1.5% and 1.5% meets this requirement whilst also frontloading the pay offer.
This is consistent with both the ATO’s affordability, and the Policy.
Sign on bonuses and back pay
Many people have asked why sign-on bonuses and back pay haven’t been offered, given that the 2011 EA
nominally expired in June 2014. The Policy is very clear and states that ‘remuneration increases are to
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apply prospectively’ and that ‘sign-on bonuses are not to be negotiated’.
Other agencies
There have been some instances in other agencies where EAs were voted up under the previous
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Bargaining Policy with a 4.5% (over three years) pay increase. For example, this occurred in the
Department of the Treasury in July 2015. When the Bargaining Policy was changed in late October 2015
(and the pay increase was lifted to 6% over three years), the Department, subject to affordability, was able
to give their staff the additional increase – even though their EA had already been voted into force. The
1.5% additional increase in remuneration (over three years) was paid on a prospective basis only – i.e. it
was not backdated to the commencement date of their new EA.
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From:
ATO Enterprise Agreement
Sent:
Wednesday, 27 April 2016 4:49 PM
Subject:
All staff: Enterprise Agreement - misleading material distributed by unions
[SEC=UNCLASSIFIED]
Categories:
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Misleading material distributed by unions
TO: All staff
We write to address a number of what we consider to be misleading aspects of the 'vote no' material that
has been circulated by the CPSU and the ASU in recent days.
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The union material promotes a range of myths and misunderstandings about the offer. Do not accept it at
face value.
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We encourage you to make your own mind up and review the detailed material from our information
sessions, emails to you and facts sheets on the EA SharePoint Site or speak to your local SES officer.
The bargaining process
The CPSU claims that the ATO has not made changes of substance since the first offer you voted on last
year.
This is untrue. The ATO has made a number of significant changes to its proposal, including
reversing our position on the length of the working day, retaining 8 personal leave days without
documentation, retaining part day travel allowance, and rolling the health & wellbeing allowance into salary.
We also have extensive detail in the EA about key conditions including rostering, underperformance and
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capability development.
The unions have also accused the ATO of “bad behaviour and delay tactics”.
We reject this statement.
The ATO bargaining team and the ATO Executive has worked diligently throughout the negotiation process
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within the parameters set by the Fair Work Act and the APS Bargaining Policy to bargain in good faith
towards a new EA. There is no doubt this has been a protracted process. Industrial bargaining is an open-
ended process. It can, and often does, take time for parties to reach agreement.
The allegation that the ATO has in any way behaved badly or deliberately delayed the process is utterly
false. The ASU has taken the ATO to the Fair Work Commission (FWC) multiple times including to seek
further bargaining which has delayed the process over the past two years and the FWC has never
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criticised our approach.
The Bargaining Policy
The unions assert that various elements of the EA offer are not required by the Bargaining Policy or go
beyond what the Bargaining Policy requires.
This is highly misleading.
While it is true that the Bargaining Policy does not say, for example, "agencies must remove the fieldwork
allowance", the policy
does require remuneration increases to be offset by productivity improvements and
funded from within existing agencies budgets without any redirection of programme funding.
APS agreements have changed over time depending on parties' priorities, government policy, statutory
requirements and economic conditions. Following the first vote, we listened to staff and identified areas
where we thought changes could be made as equitably as possible to unlock funds to support the highest
possible offer.
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The pay offer
The unions state that the pay offer is not enough. However, it is important for staff to understand that the
Bargaining Policy states that “Remuneration increases may be negotiated up to an average of 2% per
annum” and are to apply prospectively.
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The ATO’s pay offer of 3%, 1.5% and 1.5% meets this requirement and frontloads the pay offer to give
staff a welcome pay increase sooner rather than later. We are not permitted to ignore these requirements
by simply offering back pay or sign-on bonuses. The ATO has no discretion about this and we are offering
the maximum pay allowable under the Bargaining Policy.
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The ASU asserts that the ATO can and should seek an exemption from the Bargaining Policy so we can
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offer more than 6%. The ATO cannot simply ask to be excused from the rules that apply to everyone else
across the APS.
Rostering
The CPSU alleges that the ATO is changing rostering arrangements in a way that will not “give staff any
control over work life balance”.
This is inaccurate and misleading.
The hours for rostering will remain between 7:45am and 6:15pm Monday to Friday. The development of
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rosters will rely on voluntary arrangements to the maximum extent practicable. When developing rosters
the ATO will take into account the work/life preferences of employees, hardship factors, ensuring access to
leave, flextime, study leave and L&D, and allow for swaps between employees or renegotiated hours
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where needed. Like the current EA, these factors form part of the proposed EA.
Widespread or indiscriminate rostering across all areas of the ATO makes no sense, and we have been
absolutely open and transparent about this.
The material put out by the unions creates an atmosphere of fear and distrust. The suggestion that the
ATO will unreasonably roster staff who are not currently in scheduled environments amounts to an
irresponsible and inaccurate campaign.
Salary advancement
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The ASU alleges that under a new EA salary advancement “would become more difficult”.
This is untrue.
For APS1-EL1 employees, the proposal states that you will receive advancement (if eligible) if your overall
performance is “at the required standard (or higher)”. Under the Compass Performance Framework, if you
are rated as being ‘on track’ then you will be treated as having met the required standard for your salary
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advancement.
Bandwidth
The CPSU is alleging that our proposal to allow an individual to extend their bandwidth will mean the ATO
can make “working unsociable hours a condition of employment and would undercut penalty rates”.
This is
false. The ATO proposal is to maintain the standard bandwidth of 7am to 7pm, just as it is now. Where an
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From:
ATO Enterprise Agreement
Sent:
Tuesday, 26 April 2016 4:47 PM
Subject:
All staff: Enterprise Agreement - thank you for your participation in the EA
information sessions [SEC=UNCLASSIFIED]
Categories:
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Thank you for your participation in the EA information
sessions
TO: All staff
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Over the past three weeks, I and the other Commissioners have spoken directly to thousands of staff about
the enterprise agreement during 38 information sessions in 19 sites around the country. Teleconferences
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were also held with staff in Darwin, Alice Springs and Burnie.
Meeting face-to-face with so many of our people about this important issue was very valuable, and I want
to thank those of you who made the time to come along and discuss the EA in an informed and open
manner.
I think it was of real benefit for everyone to hear responses to specific concerns straight from the
leadership team. I think we were able to lay out the facts, clarify misconceptions and share our
perspectives on the proposal.
For those of you who weren’t able to attend, you will have seen the regular emails from the EA team that
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address the key areas of concern raised at the sessions.
As I said at the sessions, my aim is for the ATO to be a great place to work; a place where you feel
supported by good conditions and can be proud of what you do.
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I hope we can reach agreement on our EA when the vote occurs from 29 April.
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From:
ATO Enterprise Agreement
Sent:
Monday, 2 May 2016 10:40 AM
Subject:
All staff: EA voting is underway [SEC=UNCLASSIFIED]
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EA voting is underway
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Cast your vote – 3 and a half days to go
TO: All staff
Approximately 45% of staff have voted so far, with three and a half days left in the voting period. If you
haven’t voted yet we encourage you to have your say and vote on your EA.
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The ballot is confidential – the ATO does not receive any detail about whether you have voted, or how you
have voted. All we know at this stage is how many votes have been lodged in total.
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How to vote
By now you should have received an email or letter from ORIMA Research with voting instructions and an
individual PIN. If you don’t have this information, please contact them immediately via email or on 1800 654
585. Further information about the voting process is available here.
The offer
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The new EA offer, which includes a 6% pay increase over the next three years, means we will continue to
have some of the best pay and conditions across the APS, including the shortest working day and
generous leave conditions. This offer has significant improvements compared to last year’s proposal,
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including certainty and clarity about your terms and conditions. Key changes include:
more detail and protections around rostering, work/life balance, performance and representation
7:21 standard working day
salary advancement paid on your anniversary (where eligible) to staff rated ‘on track’
continuing 17 days personal leave, including 8 days without documentation
rolling the health and wellbeing allowance into salary
retaining the part-day travel allowance
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