1
FOI
From:
s. 47F
Sent:
Friday, 10 April 2015 4:36 PM
To:
s. 47F
Subject:
Additional clauses for the Commissioner [SEC=UNCLASSIFIED]
Attachments:
Additional clauses - Examples of soft arrangements in Cth enterprise agreements.docx
s. 47F
Those requested are in the attached.
I’ve also included a couple from IP Australia’s current agreement.
s. 47F
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2
Comsuper Enterprise Agreement
54. SCHOOL HOLIDAY CARE
54.1 ComSuper will pay a school holiday care allowance to eligible employees for a maximum of
two weeks per calendar year during the July/August school holidays and between Christmas
and New Year.
54.2 School holiday care allowance is $25 gross per day for each child of school age placed in
approved child care while the parent is at work at Com Super. Where more than one parent works for
ComSuper, they must both be at work at ComSuper on a day that a claim is made and only one claim
per day for each child will be paid. The maximum allowance that may be paid is $250 per Week per
employee or employee couple.
54.3 An employee who is on Personal Leave due to their own injury or illness may still be eligible for
the allowance. A medical certificate will be required in support of a claim for the allowance.
54.4 School holiday care is care provided by a service which is approved by the Department of
Families, Housing, Community Services and Indigenous Affairs to receive Child Care Benefit
payments.
54.5 Employees employed on a short term non-ongoing basis will not have access to the
allowance.
Equal Opportunity for Women in the Workplace Agency
Health, Wellness & Fitness
229. Effective 1 July 2012, employees shall be entitled to claim reimbursement for
Health, Wellness and Fitness expenses to a maximum value of $900 each financial
year (July to June), including GST. The terms and conditions of this entitlement are
specified in the EOWA Health, Wellness and Fitness Policy.
Department of Defence Enterprise Agreement
Relocation on retirement
H6.1 This provision is limited to those employees who retire, are retired, or who die shortly after
accepting an inter-city relocation, which was as a result of an organisational element of Defence being
relocated. In such circumstances, the Secretary may approve a request for reimbursement of
reasonable removal and transport expenses associated with returning the employee and/or their
spouse/partner/dependants to another locality. These provisions do not operate to provide all
employees with a retirement/death benefit, and applications made in respect of otherwise eligible
employees should be limited to:
a. compassionate grounds, such as employees who die within five years of their relocation,
where surviving dependants would be left without the support of immediate family or close
friends;
b. employees who retire within five years of a relocation, where such a provision was provided
for in that relocation package; or
c. situations in which, within five years of relocation, suitable work is no longer available to the
employee.
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IP Australia Enterprise Agreement
Meeting Times
106.1 To assist IP Australia employees to meet their personal responsibilities all meetings are to be
scheduled to meet the needs of the participants. Wherever possible meetings will not commence
before 9.00am and will conclude by 5.00pm, unless otherwise agreed.
Lactation Breaks
104.1 IP Australia has received accreditation by the National Breastfeeding Association as a
breastfeeding friendly workplace. Employees can take reasonable time during working hours for
lactation breaks.
4
FOI
From:
s. 47F
Sent:
Wednesday, 8 April 2015 10:38 AM
To:
s. 47F
Subject:
Commissioner's article - examples [SEC=UNCLASSIFIED]
Hi s. 47F
Could you please pull together (I know you’ve already got some from previous work) some examples of the more
outrageous terms and conditions in public sector EAs?
The Commissioner wants to write an article about “soft” agreements.
I don’t believe he wants us to draft the article, but we can give him some themes and examples. I thought you might
have some obvious ones from the last week or so – pet accommodation; most of the CSIRO agreement; most of the
ATO agreement…some of the more generous personal/carers leave provisions.
Thanks,
s. 47F
l Director Workplace Relations Policy
Workplace Relations Group Australian Public Service Commission
Level 6, Aviation House, 16 Furzer Street, PHILLIP ACT 2606
P: s. 47F
l
E: s. 47F
l
W: www.apsc.gov.au
1
5
FOI
From:
BULL,Helen
Sent:
Friday, 10 April 2015 4:16 PM
To:
s. 47F
Subject:
Examples of generous arrangements in Cth enterprise agreements.docx
[SEC=UNCLASSIFIED]
Attachments:
Examples of generous arrangements in Cth enterprise agreements.docx
1
6
EXAMPLES OF ‘SOFT’ ARRANGEMENTS IN COMMONWEALTH
ENTERPRISE AGREEMENTS
Overview
• Over the past decade, APS employees have enjoyed wage increases substantially above CPI.
• During this time, APS remuneration increases totalled 50.7 per cent, compared to CPI
increases of 31.8 per cent. That is more than most other industries.
• In addition to these generous wages, Commonwealth public sector agreements have
accumulated other generous terms and conditions. These go beyond those provided by
minimum safety nets, often well above community standards.
• For example, Commonwealth superannuation arrangements deliver significant benefits over
time compared to what employees would receive from the Superannuation Guarantee.
Annual income
$60,000 $80,000
$90,000
$100,000
9.5% contribution rate
$5,700
$7,600
$8,550
$9,500
15.4% contribution rate
$9,240
$12,320
$13,860
$15,400
Difference (per annum)
$3,540
$4,720
$5,310
$5,900
20-year difference*
$70,800
$94,400 $106,200 $118,000
* The ‘20 year difference’ calculation is the additional employer superannuation contribution to
retirement capital over a 20 year period, excluding additional interest/fund earnings on those amounts.
• Some Commonwealth public sector agencies have agreed to provisions that go beyond even these
generous terms and conditions. These include generous leave provisions, and restrictions on
operational decision-making.
• Some examples of these provisions are outlined below.
Examples of generous leave entitlements
Personal/Carer’s Leave
The bulk of APS employees receive 15 to 18 days per annum, accruable. Some agencies have more
generous arrangements than this:
• Department of Infrastructure:
25 days per annum, accruable
• Attorney-General’s Department:
22 days per annum, accruable
• 13 APS Agencies (incl. 2 Departments): 20 days per annum, accruable
Community Service Volunteer Leave
• Some agencies provide their employees up to 5 days’ paid leave per annum (non-accruable)
to conduct volunteer work with a community organisation, provided they do not accept
payment from that organisation.
Miscellaneous Leave
• The CSIRO provides its employees with 4 days paid miscellaneous leave per annum,
accruable to a cap of 15 days. Employees may request to take these days whenever they wish
to and managers are not allowed to refuse reasonable requests to access this leave.
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• Several agencies provide one day of paid leave per annum (non-accruable) to employees for
the purposes of moving house. i.e. employees are not expected to access their annual leave or
flex leave instead.
Examples of unusual allowances and other special payments
Some agencies provide unusually generous entitlements for employees who travel as part of their
official duties. For example:
•
National Archives of Australia Enterprise Agreement
[For domestic and international travel]
Upon the presentation of receipts, an employee will be reimbursed for reasonable
additional costs for alternate care purposes and pet accommodation costs incurred
as a direct consequence of their travel on official duty.
•
Department of Education and Department of Employment (formerly one agency –
DEEWR)
To assist in the promotion of good health, the department will provide each employee with a
health related allowance to be paid as a lump sum on the first full pay period on or after
1 September each year as follows:
a. APS 1- 3 employees will receive $500
b. APS 4- EL 2 employees will receive $200.
•
Australian Customs and Border Protection Service Enterprise Agreement
• Shoe and stocking allowance: $125.83 per annum
• Clothing allowance:
$711 per annum
• Employees may be reimbursed additional costs up to a maximum of $500 per annum
in accordance with the “Domestic Care Support Scheme.”
[Executive Level 1 officers]:
• Airline lounge membership if the employee is required to conduct any travel for
official purposes (limited to one airline)
• Business class travel for any flights over 2 hours’ duration.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
[Executive Level 2 officers]:
• All receive an annual ‘contact allowance’ in recognition that they may be called
outside of normal work hours.
• Can home garage of a Commonwealth vehicle (where one is available and
operationally necessary).
• Entitlement to park at work where they elect not to home garage a Commonwealth
vehicle.
• Business class travel for any flights over 2 hours’ duration – OR – they may elect to
take an economy class flight “downgrade” and receive a second economy class ticket
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so their spouse/partner can accompany them; providing any pricing gap is met by the
employee.
• Airline lounge membership if the employee is required to conduct any travel for
official purposes.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
Clauses that restrict operational decision-making
In addition to generous terms and conditions, many public sector agreements contain provisions that
make it difficult for agencies to respond to changing government and community priorities.
• One Department reports that, due to a requirement in their enterprise agreement that any
change to working patterns be with the agreement of the employee, they were unable to
change shift rosters for 12 months, even when the work those employees were employed to
do was no longer available.
• The Department of Human Services was involved in a lengthy and costly workers’
compensation case linked to the requirement in its current enterprise agreement that
employees must agree to their pattern of working hours.
• The current DHS agreement provides lengthy provisions on negotiation of working hours.
There are also lengthy provisions on consultation, including provisions that dictate how
consultation will occur. (see Attachment A).
• The Australian Taxation Office Enterprise Agreement limits the ability of the ATO even to
move its employees to a new office within the same city. This has been included in the
agreement even though section 25 of the Public Service Act allows Agency Head’s the
unilateral power to determine the place or places that an APS employee will perform their
duties.
112.2 To the fullest extent practicable the movement of employees will be on a voluntary
basis.
112.3 Hardship factors will be considered in selecting employees to move. Where the ATO
finds that the relocation would cause hardship for an employee, the ATO, as far as
reasonably practicable, will seek alternatives to relocation.
…
For moves between suburbs (including their immediate surrounds) or between the CBD and
a suburb, employees will be given at least one month’s notice of the need for them to move
unless the employees and the delegate agree to a shorter or longer period.
112.5 If significant relocation costs are likely to be incurred, the employee will be entitled to
one-off payment upon taking up duty in the new building;
a) for employees at or below the APS 3 level - $1047 (and $1068 from 21 June 2012,
$1079 from 3 January 2013, and $1101 from 20 June 2013),
b) for employees at or above the APS 4 level $696 (and $710 from 21 June 2012,
$717 from 3 January 2013, and $731 from 20 June 2013).
…
112.6 Managers may allow employees up to 3 days leave where this is necessary to arrange
personal matters associated with the move.
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• Some enterprise agreements even dictate the times at which meetings can be scheduled. An
example from the IP Australia agreement:
o
To assist employees to balance their work and family responsibilities, as a general
principle meetings will be scheduled to start no earlier than 9.30 am and finish by
5.00 pm.
To assist IP Australia employees meet their personal responsibilities all meetings are to
be scheduled to meet the needs of the participants. Wherever possible meetings will not
commence before 9:00am and will conclude by 5:00pm, unless otherwise agreed.
• Some APS enterprise agreements also contain arrangements that purport to restrict the use of
non-ongoing employment. For example:
Screen Australia may engage employees as fixed term employees where:
a) the specific job performed by the employee is not required to be performed on an
ongoing basis, and is associated with fixed term programs and projects;
b) the skills and experience required are either:
for specified periods of time; or
for specified tasks.
c) industry sourced skills and experiences are required and there is an assumption
that employees will return to that industry.
Clauses that use a lot of words to say nothing of substance
Many APS enterprise agreements are not well-drafted. However, some have been drafted in such a
way as to make it difficult for employees or managers to understand what, if any, entitlements they
provide. For example, from the Defence Enterprise Agreement:
A2.1 To allow flexibility in decision-making, this Agreement provides a principles-based
decision making framework. The following principles underpin all provisions in this
Agreement:
a. assisting employees to balance their work and private commitments;
b. providing a safe, secure and fair environment;
c. making the most efficient use of resources and supporting sustainable
environmental management;
d. respecting and valuing diversity;
e. preventing discrimination;
f. ensuring freedom of association; and
g. behaving honestly.
A2.2 Procedural fairness is to be observed in all employment decisions, so that:
a. employees are given an opportunity to be heard and promptly advised of the
decision;
b. those hearing an employee are unbiased;
c. any decision regarding the employee is based on sufficient evidence to support the
decision; and
d. confidentiality and privacy is observed except where it would be inappropriate to
do so.
A2.3 While principles-based decision-making provides flexibility, it still requires the
application of the Defence values and APS Values in the decision-making process. The APS
Values, set out in section 10(1) of the PS Act, have evolved to reflect the greater flexibility,
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efficiency and business practices required by today’s organisation. They not only shape an
ethical and productive workplace culture – they also define our legal commitment to both the
government and the people we serve. The APS Values recognise this can only be achieved
through trust, rather than increased procedure. Employees must, in turn, recognise that this
level of trust comes with increased responsibility, and that any breach of the APS
Values, or of the APS Code of Conduct, may result in serious penalty, or even dismissal, for
those responsible.
Defence values – PLICIT
A2.4 Defence has a framework of values that reflects the long traditions and distinctive
identities of the three Services and the APS. They underpin our corporate culture and
contribute to achieving organisational goals. The Defence values – Professionalism, Loyalty,
Integrity, Courage, Innovation and Teamwork (PLICIT) – have been formulated as a unifying
factor across all facets of Defence. The Defence values work alongside the APS Values and
the values of each of the single Services. They form the basis of the behaviours expected of all
our people and leaders (both APS and ADF) in Defence.
Guaranteed facilities for union delegates
Most APS agreements contain prescriptive arrangements which guarantee union delegates access to
use workplace facilities, infrastructure, technology and resources for the purposes of carrying out their
role with their union. The common arrangement included in many EAs is at Attachment A.
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Attachment A
Department of Human Services agreement
A1 NEGOTIATION OF WORKING HOURS
A1.1 An employee and their direct supervisor will together design and reach agreement on the
employee’s working hours, genuinely negotiating where necessary. These working hours may
take the form of a pattern of ordinary hours of duty or a regular hours agreement.
A1.2 In designing or negotiating a pattern of ordinary hours or regular hours agreement, the direct
supervisor will make all reasonable efforts to accommodate an employee’s requests.
A1.3 A regular hours agreement may be requested by an employee and, if approved, will apply for
a specified period of 12 months unless a shorter period is requested by the employee.
A1.4 An employee who requests a regular hours agreement will be advised in writing of the
outcome of their request. Agreements will be jointly reviewed at the end of the period.
Processes
A1.5 In designing or negotiating a pattern of ordinary hours or regular hours agreement, the direct
supervisor and employee will take into account a balance of:
(a)
the employee’s needs and preferences; and
(b)
the capacity and needs of a team, workplace, or business line to meet its internal or
external service delivery requirements.
A1.6 A regular hours agreement will include start and finish times and lunch times.
A1.7 Where requested by the employee, a regular hours agreement will be designed to include one
or more planned day(s) off in a settlement period.
A1.8 Where a direct supervisor cannot accommodate an employee’s request in respect of a pattern
of ordinary hours or a regular hours agreement, the direct supervisor will:
(a)
discuss the reasons for the decision with the employee; and
(b)
provide written reasons for the decision, if requested by the employee.
A1.9 Where an employee and their direct supervisor cannot reach agreement on a pattern of
ordinary hours or a regular hours agreement, the employee will continue to work in
accordance with their existing pattern of ordinary hours or regular hours agreement until the
end of the current settlement period.
A1.10 At the end of the current settlement period, if agreement cannot be reached, the employee may
choose:
(a)
to work in accordance with a default regular hours option; or
(b)
to continue their existing pattern of ordinary hours or regular hours agreement for
a further settlement period, after which time the employee will work in accordance
with a default regular hours option.
A1.11 Default regular hours (for a full time employee) will apply in accordance with the options
listed below that the Secretary determines best suits the work area:
(a)
8.30am to 5.00pm with 60 minute lunch break.
(b)
commencement 15 minutes before the opening time of the workplace or 7.45am
(whichever is the later), with a lunch break of 30, 45 or 60 minutes; or
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(c)
finish 15 minutes after close of a customer contact period or 5.15pm (whichever is
the earlier), with a lunch break of 30, 45 or 60 minutes.
Variations on negotiated hours
A1.1 Employees will have at least four weeks notice for a change in arrangements unless the
employee agrees to a lesser timeframe.
A1.2 An employee may request changes to their pattern of ordinary hours or regular hours
agreement at any stage.
A1.3 The regular hours agreement may be varied, by agreement, between the Secretary and the
employee.
A1.4 The employee and their supervisor will meet and discuss the regular hours arrangements a
month before the end date of the current regular hours agreement to enable discussion on
continuing the regular hours agreement for a further 12 months or to negotiate new regular
hours arrangements.
A2 ROSTERS
A2.1 Rostering of some employees is essential to the department’s primary function of quality
service delivery. The department seeks to balance flexibility and certainty for employees and
business areas, to assist in the design of quality jobs, a better work/life balance and a healthy
and safe work environment.
A2.2 The department will, in consultation with employees and their representatives, develop and
agree a policy for rostering. This policy will include mechanisms to balance flexibility and
certainty for employees including adequate breaks.
Principles
A2.3 Rosters are designed through a process of genuine negotiation between an employee and their
team leader/manager, taking into account the agreed pattern of hours.
A2.4 Rosters will provide employees with adequate time to prepare for the day and pack up at the
end of the day, meet and plan, undertake necessary reading, participate in training and other
development activities, prepare for the introduction of changes, and include adequate breaks.
A2.5 Employees and managers are encouraged to apply local, flexible work practices where
possible to meet employee’s short term or ad hoc work/life balance needs. Managers will
make all reasonable efforts to accommodate those requests.
Application
A2.6 This clause
Error! Reference source not found. will apply to:
(a)
workplaces or business lines (or parts thereof) that, on commencement of this
Agreement, operate on a rostered basis; and
(b)
other workplaces or business lines where the Secretary determines, in consultation
with affected employees and their representatives (under clau
se A4) will operate
on a rostered basis.
A2.7 All rostered environments as described in
Error! Reference source not found. will, at a
minimum, include provision of:
(a)
planned leave including flex time or planned days off;
(b)
start and finish times;
(c)
timing and duration of lunch and tea breaks;
13
(d)
preparation and pack up time totalling 15 minutes in a single day;
(e)
a 5 minute break after each 60 minute continuous period of screen/telephony-
based work where they are rostered to continue to perform that work for at least a
further 15 minutes. The five minute screen-based equipment break will be used to
perform other work related activities including appropriate health and well-being
activities. This time may form part of a tea break.
A2.8 The manner in which these are reflected in rosters will depend upon the rostering tool(s) used
in each business area.
A2.9 In locations where cash counting occurs, preparation and pack up time will be increased to 15
minutes preparation time and 15 minutes pack up time.
A2.10 Where rosters are generated according to national business parameters, those rosters may also
include scheduled activities and duration of those activities including:
(a)
face to face customer service;
(b)
telephone and telephone support activities;
(c)
follow-up and processing activities
(d)
training (national and local);
(e)
learning and development (in blocks of at least 30 minutes);
(f)
team and one-to-one meetings; and/or
(g)
other approved roles (such as HCO or HSR duties).
Processes
A2.11 Rosters will apply for four week periods and may be negotiated up to 12 weeks in advance.
A2.12 There are three phases in the development of rosters
(a)
identification of an employee’s working hours preferences including agreed
pattern of hours arrangements;
(b)
development of draft rosters, and initial negotiation. During the initial negotiation
phase, employees may genuinely negotiate changes with their supervisor; and
(c)
distribution of final rosters and adjustments to final rosters subject to
Error!
Reference source not found.,
Error! Reference source not found. and
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Reference source not found..
A2.13 An employee may request changes to their roster (including scheduled activities outlined in
subclause
Error! Reference source not found.) at any stage.
A2.14 Employees are encouraged to manage their own ad hoc changes to their roster by swapping
with other employees. Agreement by the manager will not be unreasonably refused. Swaps of
scheduled activities should not reduce overall task variety for employees during the roster
period.
A2.15 Where the department needs to change rosters due to operational requirements that were
unforeseen prior to finalising the roster, the need for changes will be discussed with affected
employees at the earliest opportunity. Genuine negotiation of rosters will explore options to
meet the operational requirements and give employees reasonable notice of changes to
working hours.
A2.16 Subject to subclause
Error! Reference source not found., where changes to start or finish
times are not agreed between an employee and their supervisor, and where notice of changes
of at least 14 calendar days cannot be provided, the employee will be entitled to overtime
14
payments for hours that are worked before their previously agreed start time, or after their
previously agreed finish time.
A2.17 In the event that the department, or a workplace or business line within the department, needs
to make variations to rostering or scheduling practices, the Secretary will consult with
potentially affected employees and their representatives prior to implementing changes to
those practices.
A3 HOURS OF SERVICE DELIVERY
A3.1 The Secretary may determine hours of service delivery that will apply across the department,
or in areas of the department.
A3.2 The department may vary the hours of service delivery to meet customer demand.
A3.3 If the department needs to vary hours of service delivery or establish new or varied customer
service arrangements, and this variation will impact on the hours of duty worked by
employees, the Secretary will communicate the business need and consult with potentially
affected employees and their representatives, prior to implementing a change in service
delivery hours, in accordance with claus
e A4 of this Agreement. In conducting consultation,
the Secretary will consult on matters including, but not limited to:
(a)
staffing levels, and impacts on service levels;
(b)
security and occupational health and safety;
(c)
hours of duty, including rosters, regular hours arrangements and patterns of
ordinary hours;
(d)
child care availability, proximity, suitability and costs;
(e)
availability, safety and proximity of public transport and parking; and
(f)
other options to assist existing staff manage changed hours, including recruitment
of staff to work changed hours.
A3.4 Where the Secretary establishes new or varied service delivery hours, the Secretary will not:
(a)
design an employee’s pattern of attendance to include hours outside the
bandwidth;
(b)
compel an employee to work on public holidays; or
(c)
place an employee in a 12-hour shift arrangement;
without the employee’s consent.
A3.1 The department will not roster staff to perform external customer contact duties, other than
normal 24 hour / 7 day services, on the Saturday after Good Friday or any Saturdays that fall
within the department’s reduced activity period set out in clause
Error! Reference source
not found..
A4 CONSULTATION
A4.1 The department respects the principles of freedom of association and recognises that it is
every employee’s right to freely decide whether or not to join and be represented by a union
in workplace matters.
A4.2 Consultation means providing employees and their representatives with a bona fide
opportunity to influence a decision-maker prior to a decision being made (where possible),
and prior to the implementation of changes.
15
A4.3 The Secretary will consult with potentially affected employees and their representatives in
accordance with this clau
se A4:
(a)
on the introduction of major changes (or proposed major changes) referred to in
subclau
ses A4.4 a
nd A4.5; and
(b)
on other workplace changes that will have an effect on employees referred to in
subclau
se A4.6.
Major Change
A4.4 Where a decision is made to introduce major changes in program, organisation, structure or
technology that are likely to have a significant effect on employees, the Secretary must notify
the employees who are likely to be affected by the proposed changes, and their
representatives.
A4.5 Significant effects include (but are not limited to):
(a)
termination of employment;
(b)
major changes in composition, operation or size of the department’s workforce or
in the skills required;
(c)
the elimination or diminution of job opportunities, promotion opportunities or job
tenure;
(d)
alteration in hours of work;
(e)
the need to retrain employees;
(f)
the need to relocate employees to another workplace; and
(g)
the restructuring of jobs.
Other workplace changes
A4.6 Where a workplace change that is likely to have an effect on employees (but is not a major
change) is proposed, the Secretary will notify potentially affected employees and their
representatives.
Timing of consultation
A4.7 Where a decision is made by Government, or is made outside the department, consultation
with employees prior to making the decision may not be practicable. In such cases,
consultation under this clause
A4 regarding the implementation of the decision will occur as
early as is reasonably practicable.
A4.8 In other cases, consultation with employees under this clau
se A4 will occur as early as
possible prior to making a decision.
Process
A4.9 The Secretary must consult with the employees affected and their representatives, by:
(a)
discussing the introduction of the major change or other workplace change;
(b)
discussing the effects the change is likely to have on employees and measures to
avert or mitigate the adverse effects of such changes on employees;
(c)
seeking the feedback and input of affected employees and their representatives,
about the changes or proposed changes; and
(d)
giving prompt consideration to feedback or input raised by the employees and their
representatives, in relation to the changes or proposed changes.
16
A4.10 Depending on the issue for consultation and the relevant workplace or workplaces,
consultation may be general or specific, and may take the form of discussions, surveys,
working groups, project teams, consultation meetings, other co-design approaches and/or the
opportunity to make verbal or written comments.
A4.11 Local managers will consult with their employees and their representatives on local
workplace changes. Consultative arrangements may be formal or informal (for example,
standing agenda items for team meetings, committees in larger workplaces, or informal
meetings with local managers in smaller worksites). Issues raised at the local level may be
referred to a more senior manager.
A4.12 For the purpose of the discussions under subclause
A4.9 a
nd A4.10, the employees concerned
and their representatives are to be provided in writing all relevant information about the
changes or proposed changes, including the nature of the changes proposed, the expected
effects of the changes on employees and any other matters likely to affect employees.
A4.13 The Secretary is not required to disclose confidential or commercially sensitive information to
the employees or their representatives.
A4.14 The Secretary will advise employees and their representatives about how their feedback or
input was considered in the decision-making and/or implementation process, as relevant. This
advice will be provided in writing, if requested.
Committees
A4.15 The department will establish consultative committees to consult with unions about workplace
changes at the service zone level or national level.
A4.16 Service Zone Committees (including a National Office Committee), consisting of three
management representatives and three union representatives, will meet at least three times per
year and will deal with proposed changes within the Service Zone and implementation of
Government decisions as they apply to the Service Zone. The Service Zone Committee may
escalate relevant issues to the National Consultative Committee (NCC) or a subcommittee of
the NCC.
A4.17 The NCC will consist of four management and four union representatives, will meet quarterly,
and will deal with proposed changes within the department, and implementation of
Government decisions as they apply to the department. The NCC may establish
subcommittees on an as needs basis to deal with issues that require specific attention.
Principles relating to workplace delegates – Majority of APS Agreements
The role of union workplace delegates and other elected union representatives is to be respected and
facilitated.
Agencies and union workplace delegates must deal with each other in good faith.
In discharging their representative roles at the workplace level, the rights of union workplace
delegates include but are not limited to:
•
The right to be treated fairly and to perform their role as workplace delegates without any
discrimination in their employment;
•
Recognition by the agency that endorsed workplace delegates speak on behalf of their
members in the workplace;
•
The right to participate in collective bargaining on behalf of those whom they represent, as
per the Fair Work Act
•
The right to reasonable paid time to provide information to and seek feedback from
employees in the workplace on workplace relations matters at the agency during normal
working hours;
17
•
The right to email employees in their workplace to provide information and seek feedback,
subject to individual employees exercising a right to ‘opt out’;
•
Undertaking their role and having union representation on an agency’s workplace relations
consultative committee;
•
Reasonable access to agency facilities (including telephone, facsimile, photocopying, internet
and email facilities, meeting rooms, lunch rooms, tea rooms and other areas where employees
meet) for the purpose of carrying out work as a delegate and consulting with members and
other interested employees and the union, subject to agency policies and protocols;
•
The right to address new employees about union membership at the time they enter
employment;
•
The right to consultation, and access to relevant information about the workplace and the
agency; and
•
The right to reasonable paid time to represent the interests of members to the employer and
industrial tribunals.
In discharging any roles that may involve undertaking union business, the rights of union workplace
delegates include but are not limited to:
•
Reasonable paid time during normal working hours to consult with other delegates and union
officials in the workplace, and receive advice and assistance from union staff and officials in
the workplace;
•
Reasonable access to appropriate training in workplace relations matters including training
provided by a union;
•
Reasonable paid time off to represent union members in the agency at relevant union forums.
In exercising their rights, workplace delegates and unions will consider operational issues,
departmental policies and guidelines and the likely affect on the efficient operation of the agency and
the provision of services by the Commonwealth.
For the avoidance of doubt, elected union representatives include APS employees elected to represent
union members in representative forums, including, for example, CPSU Section Secretaries,
Governing Councillors and Section Councillors, and APESMA Government Division Committee
members.
18
FOI
From:
s. 47F
Sent:
Friday, 10 April 2015 9:13 AM
To:
BULL,Helen
Cc:
s. 47F
Subject:
Examples of generous arrangements in Cth enterprise agreements.docx
[SEC=UNCLASSIFIED]
Attachments:
Examples of generous arrangements in Cth enterprise agreements.docx
Hi Helen
Revised as discussed yesterday.
s. 47F
s. 47F
l Director Workplace Relations Policy
Workplace Relations Group Australian Public Service Commission
Level 6, Aviation House, 16 Furzer Street, PHILLIP ACT 2606
P: s. 47F
l
E: s. 47F
l
W: www.apsc.gov.au
1
19
EXAMPLES OF ‘SOFT’ ARRANGEMENTS IN COMMONWEALTH
ENTERPRISE AGREEMENTS
Overview
• Over the past decade, APS employees have enjoyed wage increases substantially above CPI.
• During this time, APS remuneration increases totalled 50.7 per cent, compared to CPI
increases of 31.8 per cent. That is more than most other industries.
• In addition to these generous wages, Commonwealth public sector agreements have
accumulated other generous terms and conditions. These go beyond those provided by
minimum safety nets, often well above community standards.
• For example, Commonwealth superannuation arrangements deliver significant benefits over
time compared to what employees would receive from the Superannuation Guarantee.
Annual income
$60,000 $80,000
$90,000
$100,000
9.5% contribution rate
$5,700
$7,600
$8,550
$9,500
15.4% contribution rate
$9,240
$12,320
$13,860
$15,400
Difference (per annum)
$3,540
$4,720
$5,310
$5,900
20-year difference*
$70,800
$94,400 $106,200 $118,000
* The ‘20 year difference’ calculation is the additional employer superannuation contribution to
retirement capital over a 20 year period, excluding additional interest/fund earnings on those amounts.
• Some Commonwealth public sector agencies have agreed to provisions that go beyond even these
generous terms and conditions. These include generous leave provisions, and restrictions on
operational decision-making.
• Some examples of these provisions are outlined below.
Examples of generous leave entitlements
Personal/Carer’s Leave
The bulk of APS employees receive 15 to 18 days per annum, accruable. Some agencies have more
generous arrangements than this:
• Department of Infrastructure:
25 days per annum, accruable
• Attorney-General’s Department:
22 days per annum, accruable
• 13 APS Agencies (incl. 2 Departments): 20 days per annum, accruable
Community Service Volunteer Leave
• Some agencies provide their employees up to 5 days’ paid leave per annum (non-accruable)
to conduct volunteer work with a community organisation, provided they do not accept
payment from that organisation.
Miscellaneous Leave
• The CSIRO provides its employees with 4 days paid miscellaneous leave per annum,
accruable to a cap of 15 days. Employees may request to take these days whenever they wish
to and managers are not allowed to refuse reasonable requests to access this leave.
20
• Several agencies provide one day of paid leave per annum (non-accruable) to employees for
the purposes of moving house. i.e. employees are not expected to access their annual leave or
flex leave instead.
Examples of unusual allowances and other special payments
Some agencies provide unusually generous entitlements for employees who travel as part of their
official duties. For example:
•
National Archives of Australia Enterprise Agreement
[For domestic and international travel]
Upon the presentation of receipts, an employee will be reimbursed for reasonable
additional costs for alternate care purposes and pet accommodation costs incurred
as a direct consequence of their travel on official duty.
•
Department of Education and Department of Employment (formerly one agency –
DEEWR)
To assist in the promotion of good health, the department will provide each employee with a
health related allowance to be paid as a lump sum on the first full pay period on or after
1 September each year as follows:
a. APS 1- 3 employees will receive $500
b. APS 4- EL 2 employees will receive $200.
•
Australian Customs and Border Protection Service Enterprise Agreement
• Shoe and stocking allowance: $125.83 per annum
• Clothing allowance:
$711 per annum
• Employees may be reimbursed additional costs up to a maximum of $500 per annum
in accordance with the “Domestic Care Support Scheme.”
[Executive Level 1 officers]:
• Airline lounge membership if the employee is required to conduct any travel for
official purposes (limited to one airline)
• Business class travel for any flights over 2 hours’ duration.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
[Executive Level 2 officers]:
• All receive an annual ‘contact allowance’ in recognition that they may be called
outside of normal work hours.
• Can home garage of a Commonwealth vehicle (where one is available and
operationally necessary).
• Entitlement to park at work where they elect not to home garage a Commonwealth
vehicle.
• Business class travel for any flights over 2 hours’ duration – OR – they may elect to
take an economy class flight “downgrade” and receive a second economy class ticket
21
so their spouse/partner can accompany them; providing any pricing gap is met by the
employee.
• Airline lounge membership if the employee is required to conduct any travel for
official purposes.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
Clauses that restrict operational decision-making
In addition to generous terms and conditions, many public sector agreements contain provisions that
make it difficult for agencies to respond to changing government and community priorities.
• One Department reports that, due to a requirement in their enterprise agreement that any
change to working patterns be with the agreement of the employee, they were unable to
change shift rosters for 12 months, even when the work those employees were employed to
do was no longer available.
• The Department of Human Services was involved in a lengthy and costly workers’
compensation case linked to the requirement in its current enterprise agreement that
employees must agree to their pattern of working hours.
• The Australian Taxation Office Enterprise Agreement limits the ability of the ATO even to
move its employees to a new office within the same city.
112.2 To the fullest extent practicable the movement of employees will be on a voluntary
basis.
112.3 Hardship factors will be considered in selecting employees to move. Where the ATO
finds that the relocation would cause hardship for an employee, the ATO, as far as
reasonably practicable, will seek alternatives to relocation.
…
For moves between suburbs (including their immediate surrounds) or between the CBD and
a suburb, employees will be given at least one month’s notice of the need for them to move
unless the employees and the delegate agree to a shorter or longer period.
112.5 If significant relocation costs are likely to be incurred, the employee will be entitled to
one-off payment upon taking up duty in the new building;
a) for employees at or below the APS 3 level - $1047 (and $1068 from 21 June 2012,
$1079 from 3 January 2013, and $1101 from 20 June 2013),
b) for employees at or above the APS 4 level $696 (and $710 from 21 June 2012,
$717 from 3 January 2013, and $731 from 20 June 2013).
…
112.6 Managers may allow employees up to 3 days leave where this is necessary to arrange
personal matters associated with the move.
• Some enterprise agreements even dictate the times at which meetings can be scheduled:
o
To assist employees to balance their work and family responsibilities, as a general
principle meetings will be scheduled to start no earlier than 9.30 am and finish by
5.00 pm.
22
To assist IP Australia employees meet their personal responsibilities all meetings are to
be scheduled to meet the needs of the participants. Wherever possible meetings will not
commence before 9:00am and will conclude by 5:00pm, unless otherwise agreed.
• Some APS enterprise agreements also contain arrangements that purport to restrict the use of
non-ongoing employment. For example:
Screen Australia may engage employees as fixed term employees where:
a) the specific job performed by the employee is not required to be performed on an
ongoing basis, and is associated with fixed term programs and projects;
b) the skills and experience required are either:
for specified periods of time; or
for specified tasks.
c) industry sourced skills and experiences are required and there is an assumption
that employees will return to that industry.
Clauses that use a lot of words to say nothing of substance
Many APS enterprise agreements are not well-drafted. However, some have been drafted in such as
way as to make it difficult for employees or managers to understand what, if any, entitlements they
provide. For example, from the Defence Enterprise Agreement:
A2.1 To allow flexibility in decision-making, this Agreement provides a principles-based
decisionmaking framework. The following principles underpin all provisions in this
Agreement:
a. assisting employees to balance their work and private commitments;
b. providing a safe, secure and fair environment;
c. making the most efficient use of resources and supporting sustainable
environmental
management;
d. respecting and valuing diversity;
e. preventing discrimination;
f. ensuring freedom of association; and
g. behaving honestly.
A2.2 Procedural fairness is to be observed in all employment decisions, so that:
a. employees are given an opportunity to be heard and promptly advised of the
decision;
b. those hearing an employee are unbiased;
c. any decision regarding the employee is based on sufficient evidence to support the
decision; and
d. confidentiality and privacy is observed except where it would be inappropriate to
do so.
A2.3 While principles-based decision-making provides flexibility, it still requires the
application of the Defence values and APS Values in the decision-making process. The APS
Values, set out in section 10(1) of the PS Act, have evolved to reflect the greater flexibility,
efficiency and business practices required by today’s organisation. They not only shape an
ethical and productive workplace culture – they also define our legal commitment to both the
government and the people we serve. The APS Values recognise this can only be achieved
through trust, rather than increased procedure. Employees must, in turn, recognise that this
level of trust comes with increased responsibility, and that any breach of the APS
23
Values, or of the APS Code of Conduct, may result in serious penalty, or even dismissal, for
those responsible.
Defence values – PLICIT
A2.4 Defence has a framework of values that reflects the long traditions and distinctive
identities of the three Services and the APS. They underpin our corporate culture and
contribute to achieving organisational goals. The Defence values – Professionalism, Loyalty,
Integrity, Courage, Innovation and Teamwork (PLICIT) – have been formulated as a unifying
factor across all facets of Defence. The Defence values work alongside the APS Values and
the values of each of the single Services. They form the basis of the behaviours expected of all
our people and leaders (both APS and ADF) in Defence.
Guaranteed facilities for union delegates
Most APS agreements contain prescriptive arrangements which guarantee union delegates access to
use workplace facilities, infrastructure, technology and resources for the purposes of carrying out their
role with their union. The common arrangement included in many EAs is at Attachment A.
24
Attachment A
Principles relating to workplace delegates
The role of union workplace delegates and other elected union representatives is to be respected and
facilitated.
Agencies and union workplace delegates must deal with each other in good faith.
In discharging their representative roles at the workplace level, the rights of union workplace
delegates include but are not limited to:
•
The right to be treated fairly and to perform their role as workplace delegates without any
discrimination in their employment;
•
Recognition by the agency that endorsed workplace delegates speak on behalf of their
members in the workplace;
•
The right to participate in collective bargaining on behalf of those whom they represent, as
per the Fair Work Act
•
The right to reasonable paid time to provide information to and seek feedback from
employees in the workplace on workplace relations matters at the agency during normal
working hours;
•
The right to email employees in their workplace to provide information and seek feedback,
subject to individual employees exercising a right to ‘opt out’;
•
Undertaking their role and having union representation on an agency’s workplace relations
consultative committee;
•
Reasonable access to agency facilities (including telephone, facsimile, photocopying, internet
and email facilities, meeting rooms, lunch rooms, tea rooms and other areas where employees
meet) for the purpose of carrying out work as a delegate and consulting with members and
other interested employees and the union, subject to agency policies and protocols;
•
The right to address new employees about union membership at the time they enter
employment;
•
The right to consultation, and access to relevant information about the workplace and the
agency; and
•
The right to reasonable paid time to represent the interests of members to the employer and
industrial tribunals.
In discharging any roles that may involve undertaking union business, the rights of union workplace
delegates include but are not limited to:
•
Reasonable paid time during normal working hours to consult with other delegates and union
officials in the workplace, and receive advice and assistance from union staff and officials in
the workplace;
•
Reasonable access to appropriate training in workplace relations matters including training
provided by a union;
•
Reasonable paid time off to represent union members in the agency at relevant union forums.
In exercising their rights, workplace delegates and unions will consider operational issues,
departmental policies and guidelines and the likely affect on the efficient operation of the agency and
the provision of services by the Commonwealth.
For the avoidance of doubt, elected union representatives include APS employees elected to represent
union members in representative forums, including, for example, CPSU Section Secretaries,
Governing Councillors and Section Councillors, and APESMA Government Division Committee
members.
25
FOI
From:
s. 47F
Sent:
Thursday, 9 April 2015 12:42 PM
To:
BULL,Helen
Cc:
s. 47F
Subject:
Examples of generous arrangements in Cth enterprise agreements.docx
[SEC=UNCLASSIFIED]
Attachments:
Examples of generous arrangements in Cth enterprise agreements.docx
Hi s. 47F
Some examples are attached.
As per our discussion I’ve excluded the more “restrictive” examples that are more difficult to follow; and stuck more
to the entitlements type of provisions – but s.
has also pulled together some of those if you think the
Commissioner will want to see them.
47F
s. 47F
s. 47F
l Director Workplace Relations Policy
Workplace Relations Group Australian Public Service Commission
Level 6, Aviation House, 16 Furzer Street, PHILLIP ACT 2606
P: s. 47F
l
E: s. 47F
l
W: www.apsc.gov.au
1
26
EXAMPLES OF ‘SOFT’ ARRANGEMENTS IN COMMONWEALTH
ENTERPRISE AGREEMENTS
Examples of generous leave entitlements
Personal/Carer’s Leave
The bulk of APS employees receive 15 to 18 days per annum, accruable. Some agencies have more
generous arrangements than this:
• Department of Infrastructure:
25 days per annum, accruable
• Attorney-General’s Department:
22 days per annum, accruable
• 13 APS Agencies (incl. 2 Departments): 20 days per annum, accruable
Community Service Volunteer Leave
• Some agencies provide their employees up to 5 days’ paid leave per annum (non-accruable)
to conduct volunteer work with a community organisation, provided they do not accept
payment from that organisation.
Miscellaneous Leave
• The CSIRO provides its employees with 4 days paid miscellaneous leave per annum,
accruable to a cap of 15 days. Employees may request to take these days whenever they wish
to and managers are not allowed to refuse reasonable requests to access this leave.
• Several agencies provide one day of paid leave per annum (non-accruable) to employees for
the purposes of moving house. i.e. employees are not expected to access their annual leave or
flex leave instead.
Restrictions on meeting times
National Film and Sound Archive Enterprise Agreement
To assist employees to balance their work and family responsibilities, as a general principle
meetings will be scheduled to start no earlier than 9.30 am and finish by 5.00 pm.
IP Australia Enterprise Agreement
To assist IP Australia employees meet their personal responsibilities all meetings are to be
scheduled to meet the needs of the participants. Wherever possible meetings will not
commence before 9:00am and will conclude by 5:00pm, unless otherwise agreed.
Atypical allowances and other special payments
National Archives of Australia Enterprise Agreement
[For domestic and international travel]
Upon the presentation of receipts, an employee will be reimbursed for reasonable
additional costs for alternate care purposes and pet accommodation costs incurred
as a direct consequence of their travel on official duty.
29
Old Parliament House Enterprise Agreement
If the number of days without supporting evidence exceeds ten days in any accrual year, the
Director (delegate) may require the employee to provide evidence for any further short
absences for that accrual year. The Director (delegate) must inform the employee in advance
in writing of any requirement for supporting evidence for short absences.
Other generous or unusual content
The
Australian Taxation Office Enterprise Agreement includes generous provisions for employees
relocated within the same city:
112.2 To the fullest extent practicable the movement of employees will be on a voluntary
basis.
112.3 Hardship factors will be considered in selecting employees to move. Where the ATO
finds
that the relocation would cause hardship for an employee, the ATO, as far as reasonably
practicable, will seek alternatives to relocation.
…
For moves between suburbs (including their immediate surrounds) or between the CBD and
a suburb, employees will be given at least one month’s notice of the need for them to move
unless the employees and the delegate agree to a shorter or longer period
112.5 If significant relocation costs are likely to be incurred, the employee will be entitled to
one-off
payment upon taking up duty in the new building;
a) for employees at or below the APS 3 level - $1047 (and $1068 from 21 June 2012,
$1079 from 3 January 2013, and $1101 from 20 June 2013),
b) for employees at or above the APS 4 level $696 (and $710 from 21 June 2012,
$717 from 3 January 2013, and $731 from 20 June 2013).
…
112.6 Managers may allow employees up to 3 days leave where this is necessary to arrange
personal matters associated with the move.
The
Defence Enterprise Collective Agreement makes the following commitments about Defence’s
impact on the environment.
The activities undertaken by Defence have an impact on the environment, not least because
Defence is the Australian Government’s biggest user of energy. Defence and the unions are
committed to implementing practical measures, consistent with Government policy, to reduce
Defence’s carbon footprint, promote environmental sustainability, minimise the unnecessary
consumption of resources and reduce operational and administrative costs through a range of
improved workplace practices.
Employees, as individuals and in groups, will make a positive contribution to improving
Defence’s environmental management. For its part, Defence is committed to being a leader in
sustainable environmental management and to providing the opportunity for employee
contributions to environmental management through its Environmental Management System
(EMS). Defence is committed to developing employment conditions that encourage
environmental responsibility.
30
Guaranteed facilities for union delegates
Most APS agreements contain prescriptive arrangements which guarantee union delegates access to
use workplace facilities, infrastructure, technology and resources for the purposes of carrying out their
role with their union. The common arrangement included in many EAs is at Attachment A.
31
Attachment A
Principles relating to workplace delegates
The role of union workplace delegates and other elected union representatives is to be respected and
facilitated.
Agencies and union workplace delegates must deal with each other in good faith.
In discharging their representative roles at the workplace level, the rights of union workplace
delegates include but are not limited to:
•
The right to be treated fairly and to perform their role as workplace delegates without any
discrimination in their employment;
•
Recognition by the agency that endorsed workplace delegates speak on behalf of their
members in the workplace;
•
The right to participate in collective bargaining on behalf of those whom they represent, as
per the Fair Work Act
•
The right to reasonable paid time to provide information to and seek feedback from
employees in the workplace on workplace relations matters at the agency during normal
working hours;
•
The right to email employees in their workplace to provide information and seek feedback,
subject to individual employees exercising a right to ‘opt out’;
•
Undertaking their role and having union representation on an agency’s workplace relations
consultative committee;
•
Reasonable access to agency facilities (including telephone, facsimile, photocopying, internet
and email facilities, meeting rooms, lunch rooms, tea rooms and other areas where employees
meet) for the purpose of carrying out work as a delegate and consulting with members and
other interested employees and the union, subject to agency policies and protocols;
•
The right to address new employees about union membership at the time they enter
employment;
•
The right to consultation, and access to relevant information about the workplace and the
agency; and
•
The right to reasonable paid time to represent the interests of members to the employer and
industrial tribunals.
In discharging any roles that may involve undertaking union business, the rights of union workplace
delegates include but are not limited to:
•
Reasonable paid time during normal working hours to consult with other delegates and union
officials in the workplace, and receive advice and assistance from union staff and officials in
the workplace;
•
Reasonable access to appropriate training in workplace relations matters including training
provided by a union;
•
Reasonable paid time off to represent union members in the agency at relevant union forums.
In exercising their rights, workplace delegates and unions will consider operational issues,
departmental policies and guidelines and the likely affect on the efficient operation of the agency and
the provision of services by the Commonwealth.
For the avoidance of doubt, elected union representatives include APS employees elected to represent
union members in representative forums, including, for example, CPSU Section Secretaries,
Governing Councillors and Section Councillors, and APESMA Government Division Committee
members.
32
FOI
From:
BULL,Helen
Sent:
Monday, 13 April 2015 2:59 PM
To:
LLOYD,John
Cc:
s. 47F
Subject:
Examples of generous arrangements in Cth enterprise agreements.docx
[SEC=UNCLASSIFIED]
Attachments:
Examples of generous arrangements in Cth enterprise agreements.docx
Hi John
This is the electronic copy of the last version I sent you today.
Regards
Helen
1
33
EXAMPLES OF ‘SOFT’ ARRANGEMENTS IN COMMONWEALTH
ENTERPRISE AGREEMENTS
Overview
1. Over the past decade, APS employees have enjoyed wage increases substantially above CPI.
2. During this time, APS remuneration increases totalled 50.7 per cent, compared to CPI
increases of 31.8 per cent. That is more than most other industries.
3. In addition to these generous wages, Commonwealth public sector agreements have
accumulated other generous terms and conditions. These go beyond those provided by
minimum safety nets, often well above community standards.
4. For example, Commonwealth superannuation arrangements deliver significant benefits over
time compared to what employees would receive from the Superannuation Guarantee.
Annual income
$60,000 $80,000
$90,000
$100,000
9.5% contribution rate
$5,700
$7,600
$8,550
$9,500
15.4% contribution rate
$9,240
$12,320
$13,860
$15,400
Difference (per annum)
$3,540
$4,720
$5,310
$5,900
20-year difference*
$70,800
$94,400 $106,200 $118,000
* The ‘20 year difference’ calculation is the additional employer superannuation contribution to
retirement capital over a 20 year period, excluding additional interest/fund earnings on those amounts.
5. Some Commonwealth public sector agencies have agreed to provisions that go beyond even
these generous terms and conditions. These include generous leave provisions, and
restrictions on operational decision-making.
6. Some examples of these provisions are outlined below.
Examples of generous leave entitlements
Personal/Carer’s Leave
7. The bulk of APS employees receive 15 to 18 days per annum, accruable. Some agencies have
more generous arrangements than this:
a. Department of Infrastructure:
25 days per annum, accruable
b. Attorney-General’s Department:
22 days per annum, accruable
c. 13 APS Agencies (incl. 2 Departments): 20 days per annum, accruable
Community Service Volunteer Leave
8. Some agencies provide their employees up to 5 days’ paid leave per annum (non-accruable)
to conduct volunteer work with a community organisation, provided they do not accept
payment from that organisation.
Miscellaneous Leave
9. The CSIRO provides its employees with 4 days paid miscellaneous leave per annum,
accruable to a cap of 15 days. Employees may request to take these days whenever they wish
to and managers are not allowed to refuse reasonable requests to access this leave.
34
10. Several agencies provide one day of paid leave per annum (non-accruable) to employees for
the purposes of moving house. i.e. employees are not expected to access their annual leave or
flex leave instead.
Examples of unusual allowances and other special payments
11. Some agencies provide unusually generous entitlements for employees who travel as part of
their official duties. For example:
National Archives of Australia Enterprise Agreement
[For domestic and international travel]
Upon the presentation of receipts, an employee will be reimbursed for reasonable
additional costs for alternate care purposes and pet accommodation costs incurred
as a direct consequence of their travel on official duty.
12. Approximately 40% of APS agreements provide allowances to promote ‘health and well-
being. The majority of these allowance are less than $300 per annum. Some examples of
those which are greater:
Workplace Gender Equity Agency
229. Effective 1 July 2012, employees shall be entitled to claim reimbursement for Health,
Wellness and Fitness expenses to a maximum value of $900 each financial year (July to
June), including GST. The terms and conditions of this entitlement are specified in the EOWA
Health, Wellness and Fitness Policy.
Department of Education and Department of Employment (formerly one agency –
DEEWR)
To assist in the promotion of good health, the department will provide each employee with a
health related allowance to be paid as a lump sum on the first full pay period on or after
1 September each year as follows:
a. APS 1- 3 employees will receive $500
b. APS 4- EL 2 employees will receive $200.
13. Other generous/unusual allowances include provisions providing for extra money to pay for
childcare in school holidays, for example the Comsuper agreement; to be relocated on
retirement in the Defence agreement and a range of expense and travel provisions in the
Customs agreement.
Comsuper Agreement
54. SCHOOL HOLIDAY CARE
54.1 ComSuper will pay a school holiday care allowance to eligible employees for a
maximum of
two weeks per calendar year during the July/August school holidays and between Christmas
and New Year.
54.2 School holiday care allowance is $25 gross per day for each child of school age placed
in approved child care while the parent is at work at Com Super. Where more than one parent
works for ComSuper, they must both be at work at ComSuper on a day that a claim is made
35
and only one claim per day for each child will be paid. The maximum allowance that may be
paid is $250 per Week per employee or employee couple.
54.3 An employee who is on Personal Leave due to their own injury or illness may still be
eligible for the allowance. A medical certificate will be required in support of a claim for the
allowance.
54.4 School holiday care is care provided by a service which is approved by the Department
of Families, Housing, Community Services and Indigenous Affairs to receive Child Care
Benefit payments.
54.5 Employees employed on a short term non-ongoing basis will not have access to the
allowance.
Defence Enterprise Agreement
Relocation on retirement
H6.1 This provision is limited to those employees who retire, are retired, or who die shortly
after accepting an inter-city relocation, which was as a result of an organisational element of
Defence being relocated. In such circumstances, the Secretary may approve a request for
reimbursement of reasonable removal and transport expenses associated with returning the
employee and/or their spouse/partner/dependants to another locality. These provisions do not
operate to provide all employees with a retirement/death benefit, and applications made in
respect of otherwise eligible employees should be limited to:
a. compassionate grounds, such as employees who die within five years of their
relocation, where surviving dependants would be left without the support of
immediate family or close friends;
b. employees who retire within five years of a relocation, where such a provision was
provided for in that relocation package; or
c. situations in which, within five years of relocation, suitable work is no longer
available to the employee.
Australian Customs and Border Protection Service Enterprise Agreement
• Shoe and stocking allowance: $125.83 per annum
• Clothing allowance:
$711 per annum
• Employees may be reimbursed additional costs up to a maximum of $500 per annum
in accordance with the “Domestic Care Support Scheme.”
[Executive Level 1 officers]:
• Airline lounge membership if the employee is required to conduct any travel for
official purposes (limited to one airline)
• Business class travel for any flights over 2 hours’ duration.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
[Executive Level 2 officers]:
• All receive an annual ‘contact allowance’ in recognition that they may be called
outside of normal work hours.
• Can home garage of a Commonwealth vehicle (where one is available and
operationally necessary).
36
• Entitlement to park at work where they elect not to home garage a Commonwealth
vehicle.
• Business class travel for any flights over 2 hours’ duration – OR – they may elect to
take an economy class flight “downgrade” and receive a second economy class ticket
so their spouse/partner can accompany them; providing any pricing gap is met by the
employee.
• Airline lounge membership if the employee is required to conduct any travel for
official purposes.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
Clauses that restrict operational decision-making
14. In addition to generous terms and conditions, many public sector agreements contain
provisions that make it difficult for agencies to respond to changing government and
community priorities.
a. One Department reports that, due to a requirement in their enterprise agreement that
any change to working patterns be with the agreement of the employee, they were
unable to change shift rosters for 12 months, even when the work those employees
were employed to do was no longer available.
b. The Department of Human Services agreement provides lengthy provisions on
negotiation of working hours. There are also lengthy provisions on consultation,
including provisions that dictate how consultation will occur. (see Attachment A).
c. The Australian Taxation Office Enterprise Agreement limits the ability of the ATO
even to move its employees to a new office within the same city. This has been
included in the agreement even though section 25 of the Public Service Act allows
Agency Head’s the unilateral power to determine the place or places that an APS
employee will perform their duties.
112.2 To the fullest extent practicable the movement of employees will be on a voluntary
basis.
112.3 Hardship factors will be considered in selecting employees to move. Where the ATO
finds that the relocation would cause hardship for an employee, the ATO, as far as
reasonably practicable, will seek alternatives to relocation.
…
For moves between suburbs (including their immediate surrounds) or between the CBD and
a suburb, employees will be given at least one month’s notice of the need for them to move
unless the employees and the delegate agree to a shorter or longer period.
112.5 If significant relocation costs are likely to be incurred, the employee will be entitled to
one-off payment upon taking up duty in the new building;
a) for employees at or below the APS 3 level - $1047 (and $1068 from 21 June 2012,
$1079 from 3 January 2013, and $1101 from 20 June 2013),
b) for employees at or above the APS 4 level $696 (and $710 from 21 June 2012,
$717 from 3 January 2013, and $731 from 20 June 2013).
…
112.6 Managers may allow employees up to 3 days leave where this is necessary to arrange
37
personal matters associated with the move.
15. Some enterprise agreements even dictate the times at which meetings can be scheduled. An
example from the IP Australia agreement:
To assist employees to balance their work and family responsibilities, as a general principle
meetings will be scheduled to start no earlier than 9.30 am and finish by 5.00 pm.
To assist IP Australia employees meet their personal responsibilities all meetings are to be
scheduled to meet the needs of the participants. Wherever possible meetings will not
commence before 9:00am and will conclude by 5:00pm, unless otherwise agreed.
16. Some APS enterprise agreements also contain arrangements that purport to restrict the use of
non-ongoing employment. For example:
Screen Australia may engage employees as fixed term employees where:
a) the specific job performed by the employee is not required to be performed on an
ongoing basis, and is associated with fixed term programs and projects;
b) the skills and experience required are either:
a. for specified periods of time; or
b. for specified tasks; or
c) industry sourced skills and experiences are required and there is an assumption that
employees will return to that industry.
Clauses that use a lot of words to say nothing of substance
17. Many APS enterprise agreements are not well-drafted. However, some have been drafted in
such a way as to make it difficult for employees or managers to understand what, if any,
entitlements they provide. For example, from the Defence Enterprise Agreement:
A2.1 To allow flexibility in decision-making, this Agreement provides a principles-based
decision making framework. The following principles underpin all provisions in this
Agreement:
a. assisting employees to balance their work and private commitments;
b. providing a safe, secure and fair environment;
c. making the most efficient use of resources and supporting sustainable
environmental management;
d. respecting and valuing diversity;
e. preventing discrimination;
f. ensuring freedom of association; and
g. behaving honestly.
A2.2 Procedural fairness is to be observed in all employment decisions, so that:
a. employees are given an opportunity to be heard and promptly advised of the
decision;
b. those hearing an employee are unbiased;
c. any decision regarding the employee is based on sufficient evidence to support the
decision; and
d. confidentiality and privacy is observed except where it would be inappropriate to
do so.
A2.3 While principles-based decision-making provides flexibility, it still requires the
application of the Defence values and APS Values in the decision-making process. The APS
Values, set out in section 10(1) of the PS Act, have evolved to reflect the greater flexibility,
efficiency and business practices required by today’s organisation. They not only shape an
ethical and productive workplace culture – they also define our legal commitment to both the
38
government and the people we serve. The APS Values recognise this can only be achieved
through trust, rather than increased procedure. Employees must, in turn, recognise that this
level of trust comes with increased responsibility, and that any breach of the APS
Values, or of the APS Code of Conduct, may result in serious penalty, or even dismissal, for
those responsible.
Defence values – PLICIT
A2.4 Defence has a framework of values that reflects the long traditions and distinctive
identities of the three Services and the APS. They underpin our corporate culture and
contribute to achieving organisational goals. The Defence values – Professionalism, Loyalty,
Integrity, Courage, Innovation and Teamwork (PLICIT) – have been formulated as a unifying
factor across all facets of Defence. The Defence values work alongside the APS Values and
the values of each of the single Services. They form the basis of the behaviours expected of all
our people and leaders (both APS and ADF) in Defence.
Guaranteed facilities for union delegates
18. Most APS agreements contain prescriptive arrangements which guarantee union delegates
access to use workplace facilities, infrastructure, technology and resources for the purposes of
carrying out their role with their union. The common arrangement included in many EAs is at
Attachment A.
39
Attachment A
Department of Human Services agreement
A1 NEGOTIATION OF WORKING HOURS
A1.1 An employee and their direct supervisor will together design and reach agreement on the
employee’s working hours, genuinely negotiating where necessary. These working hours may
take the form of a pattern of ordinary hours of duty or a regular hours agreement.
A1.2 In designing or negotiating a pattern of ordinary hours or regular hours agreement, the direct
supervisor will make all reasonable efforts to accommodate an employee’s requests.
A1.3 A regular hours agreement may be requested by an employee and, if approved, will apply for
a specified period of 12 months unless a shorter period is requested by the employee.
A1.4 An employee who requests a regular hours agreement will be advised in writing of the
outcome of their request. Agreements will be jointly reviewed at the end of the period.
Processes
A1.5 In designing or negotiating a pattern of ordinary hours or regular hours agreement, the direct
supervisor and employee will take into account a balance of:
(a)
the employee’s needs and preferences; and
(b)
the capacity and needs of a team, workplace, or business line to meet its internal or
external service delivery requirements.
A1.6 A regular hours agreement will include start and finish times and lunch times.
A1.7 Where requested by the employee, a regular hours agreement will be designed to include one
or more planned day(s) off in a settlement period.
A1.8 Where a direct supervisor cannot accommodate an employee’s request in respect of a pattern
of ordinary hours or a regular hours agreement, the direct supervisor will:
(a)
discuss the reasons for the decision with the employee; and
(b)
provide written reasons for the decision, if requested by the employee.
A1.9 Where an employee and their direct supervisor cannot reach agreement on a pattern of
ordinary hours or a regular hours agreement, the employee will continue to work in
accordance with their existing pattern of ordinary hours or regular hours agreement until the
end of the current settlement period.
A1.10 At the end of the current settlement period, if agreement cannot be reached, the employee may
choose:
(a)
to work in accordance with a default regular hours option; or
(b)
to continue their existing pattern of ordinary hours or regular hours agreement for
a further settlement period, after which time the employee will work in accordance
with a default regular hours option.
A1.11 Default regular hours (for a full time employee) will apply in accordance with the options
listed below that the Secretary determines best suits the work area:
(a)
8.30am to 5.00pm with 60 minute lunch break.
(b)
commencement 15 minutes before the opening time of the workplace or 7.45am
(whichever is the later), with a lunch break of 30, 45 or 60 minutes; or
40
(c)
finish 15 minutes after close of a customer contact period or 5.15pm (whichever is
the earlier), with a lunch break of 30, 45 or 60 minutes.
Variations on negotiated hours
A1.1 Employees will have at least four weeks notice for a change in arrangements unless the
employee agrees to a lesser timeframe.
A1.2 An employee may request changes to their pattern of ordinary hours or regular hours
agreement at any stage.
A1.3 The regular hours agreement may be varied, by agreement, between the Secretary and the
employee.
A1.4 The employee and their supervisor will meet and discuss the regular hours arrangements a
month before the end date of the current regular hours agreement to enable discussion on
continuing the regular hours agreement for a further 12 months or to negotiate new regular
hours arrangements.
A2 ROSTERS
A2.1 Rostering of some employees is essential to the department’s primary function of quality
service delivery. The department seeks to balance flexibility and certainty for employees and
business areas, to assist in the design of quality jobs, a better work/life balance and a healthy
and safe work environment.
A2.2 The department will, in consultation with employees and their representatives, develop and
agree a policy for rostering. This policy will include mechanisms to balance flexibility and
certainty for employees including adequate breaks.
Principles
A2.3 Rosters are designed through a process of genuine negotiation between an employee and their
team leader/manager, taking into account the agreed pattern of hours.
A2.4 Rosters will provide employees with adequate time to prepare for the day and pack up at the
end of the day, meet and plan, undertake necessary reading, participate in training and other
development activities, prepare for the introduction of changes, and include adequate breaks.
A2.5 Employees and managers are encouraged to apply local, flexible work practices where
possible to meet employee’s short term or ad hoc work/life balance needs. Managers will
make all reasonable efforts to accommodate those requests.
Application
A2.6 This clause
Error! Reference source not found. will apply to:
(a)
workplaces or business lines (or parts thereof) that, on commencement of this
Agreement, operate on a rostered basis; and
(b)
other workplaces or business lines where the Secretary determines, in consultation
with affected employees and their representatives (under clau
se A4) will operate
on a rostered basis.
A2.7 All rostered environments as described in
Error! Reference source not found. will, at a
minimum, include provision of:
(a)
planned leave including flex time or planned days off;
(b)
start and finish times;
(c)
timing and duration of lunch and tea breaks;
41
(d)
preparation and pack up time totalling 15 minutes in a single day;
(e)
a 5 minute break after each 60 minute continuous period of screen/telephony-
based work where they are rostered to continue to perform that work for at least a
further 15 minutes. The five minute screen-based equipment break will be used to
perform other work related activities including appropriate health and well-being
activities. This time may form part of a tea break.
A2.8 The manner in which these are reflected in rosters will depend upon the rostering tool(s) used
in each business area.
A2.9 In locations where cash counting occurs, preparation and pack up time will be increased to 15
minutes preparation time and 15 minutes pack up time.
A2.10 Where rosters are generated according to national business parameters, those rosters may also
include scheduled activities and duration of those activities including:
(a)
face to face customer service;
(b)
telephone and telephone support activities;
(c)
follow-up and processing activities
(d)
training (national and local);
(e)
learning and development (in blocks of at least 30 minutes);
(f)
team and one-to-one meetings; and/or
(g)
other approved roles (such as HCO or HSR duties).
Processes
A2.11 Rosters will apply for four week periods and may be negotiated up to 12 weeks in advance.
A2.12 There are three phases in the development of rosters
(a)
identification of an employee’s working hours preferences including agreed
pattern of hours arrangements;
(b)
development of draft rosters, and initial negotiation. During the initial negotiation
phase, employees may genuinely negotiate changes with their supervisor; and
(c)
distribution of final rosters and adjustments to final rosters subject to
Error!
Reference source not found.,
Error! Reference source not found. and
Error!
Reference source not found..
A2.13 An employee may request changes to their roster (including scheduled activities outlined in
subclause
Error! Reference source not found.) at any stage.
A2.14 Employees are encouraged to manage their own ad hoc changes to their roster by swapping
with other employees. Agreement by the manager will not be unreasonably refused. Swaps of
scheduled activities should not reduce overall task variety for employees during the roster
period.
A2.15 Where the department needs to change rosters due to operational requirements that were
unforeseen prior to finalising the roster, the need for changes will be discussed with affected
employees at the earliest opportunity. Genuine negotiation of rosters will explore options to
meet the operational requirements and give employees reasonable notice of changes to
working hours.
A2.16 Subject to subclause
Error! Reference source not found., where changes to start or finish
times are not agreed between an employee and their supervisor, and where notice of changes
of at least 14 calendar days cannot be provided, the employee will be entitled to overtime
42
payments for hours that are worked before their previously agreed start time, or after their
previously agreed finish time.
A2.17 In the event that the department, or a workplace or business line within the department, needs
to make variations to rostering or scheduling practices, the Secretary will consult with
potentially affected employees and their representatives prior to implementing changes to
those practices.
A3 HOURS OF SERVICE DELIVERY
A3.1 The Secretary may determine hours of service delivery that will apply across the department,
or in areas of the department.
A3.2 The department may vary the hours of service delivery to meet customer demand.
A3.3 If the department needs to vary hours of service delivery or establish new or varied customer
service arrangements, and this variation will impact on the hours of duty worked by
employees, the Secretary will communicate the business need and consult with potentially
affected employees and their representatives, prior to implementing a change in service
delivery hours, in accordance with claus
e A4 of this Agreement. In conducting consultation,
the Secretary will consult on matters including, but not limited to:
(a)
staffing levels, and impacts on service levels;
(b)
security and occupational health and safety;
(c)
hours of duty, including rosters, regular hours arrangements and patterns of
ordinary hours;
(d)
child care availability, proximity, suitability and costs;
(e)
availability, safety and proximity of public transport and parking; and
(f)
other options to assist existing staff manage changed hours, including recruitment
of staff to work changed hours.
A3.4 Where the Secretary establishes new or varied service delivery hours, the Secretary will not:
(a)
design an employee’s pattern of attendance to include hours outside the
bandwidth;
(b)
compel an employee to work on public holidays; or
(c)
place an employee in a 12-hour shift arrangement;
without the employee’s consent.
A3.1 The department will not roster staff to perform external customer contact duties, other than
normal 24 hour / 7 day services, on the Saturday after Good Friday or any Saturdays that fall
within the department’s reduced activity period set out in clause
Error! Reference source
not found..
A4 CONSULTATION
A4.1 The department respects the principles of freedom of association and recognises that it is
every employee’s right to freely decide whether or not to join and be represented by a union
in workplace matters.
A4.2 Consultation means providing employees and their representatives with a bona fide
opportunity to influence a decision-maker prior to a decision being made (where possible),
and prior to the implementation of changes.
43
A4.3 The Secretary will consult with potentially affected employees and their representatives in
accordance with this clau
se A4:
(a)
on the introduction of major changes (or proposed major changes) referred to in
subclau
ses A4.4 a
nd A4.5; and
(b)
on other workplace changes that will have an effect on employees referred to in
subclau
se A4.6.
Major Change
A4.4 Where a decision is made to introduce major changes in program, organisation, structure or
technology that are likely to have a significant effect on employees, the Secretary must notify
the employees who are likely to be affected by the proposed changes, and their
representatives.
A4.5 Significant effects include (but are not limited to):
(a)
termination of employment;
(b)
major changes in composition, operation or size of the department’s workforce or
in the skills required;
(c)
the elimination or diminution of job opportunities, promotion opportunities or job
tenure;
(d)
alteration in hours of work;
(e)
the need to retrain employees;
(f)
the need to relocate employees to another workplace; and
(g)
the restructuring of jobs.
Other workplace changes
A4.6 Where a workplace change that is likely to have an effect on employees (but is not a major
change) is proposed, the Secretary will notify potentially affected employees and their
representatives.
Timing of consultation
A4.7 Where a decision is made by Government, or is made outside the department, consultation
with employees prior to making the decision may not be practicable. In such cases,
consultation under this clause
A4 regarding the implementation of the decision will occur as
early as is reasonably practicable.
A4.8 In other cases, consultation with employees under this clau
se A4 will occur as early as
possible prior to making a decision.
Process
A4.9 The Secretary must consult with the employees affected and their representatives, by:
(a)
discussing the introduction of the major change or other workplace change;
(b)
discussing the effects the change is likely to have on employees and measures to
avert or mitigate the adverse effects of such changes on employees;
(c)
seeking the feedback and input of affected employees and their representatives,
about the changes or proposed changes; and
(d)
giving prompt consideration to feedback or input raised by the employees and their
representatives, in relation to the changes or proposed changes.
44
A4.10 Depending on the issue for consultation and the relevant workplace or workplaces,
consultation may be general or specific, and may take the form of discussions, surveys,
working groups, project teams, consultation meetings, other co-design approaches and/or the
opportunity to make verbal or written comments.
A4.11 Local managers will consult with their employees and their representatives on local
workplace changes. Consultative arrangements may be formal or informal (for example,
standing agenda items for team meetings, committees in larger workplaces, or informal
meetings with local managers in smaller worksites). Issues raised at the local level may be
referred to a more senior manager.
A4.12 For the purpose of the discussions under subclause
A4.9 a
nd A4.10, the employees concerned
and their representatives are to be provided in writing all relevant information about the
changes or proposed changes, including the nature of the changes proposed, the expected
effects of the changes on employees and any other matters likely to affect employees.
A4.13 The Secretary is not required to disclose confidential or commercially sensitive information to
the employees or their representatives.
A4.14 The Secretary will advise employees and their representatives about how their feedback or
input was considered in the decision-making and/or implementation process, as relevant. This
advice will be provided in writing, if requested.
Committees
A4.15 The department will establish consultative committees to consult with unions about workplace
changes at the service zone level or national level.
A4.16 Service Zone Committees (including a National Office Committee), consisting of three
management representatives and three union representatives, will meet at least three times per
year and will deal with proposed changes within the Service Zone and implementation of
Government decisions as they apply to the Service Zone. The Service Zone Committee may
escalate relevant issues to the National Consultative Committee (NCC) or a subcommittee of
the NCC.
A4.17 The NCC will consist of four management and four union representatives, will meet quarterly,
and will deal with proposed changes within the department, and implementation of
Government decisions as they apply to the department. The NCC may establish
subcommittees on an as needs basis to deal with issues that require specific attention.
Principles relating to workplace delegates – Majority of APS Agreements
The role of union workplace delegates and other elected union representatives is to be respected and
facilitated.
Agencies and union workplace delegates must deal with each other in good faith.
In discharging their representative roles at the workplace level, the rights of union workplace
delegates include but are not limited to:
•
The right to be treated fairly and to perform their role as workplace delegates without any
discrimination in their employment;
•
Recognition by the agency that endorsed workplace delegates speak on behalf of their
members in the workplace;
•
The right to participate in collective bargaining on behalf of those whom they represent, as
per the Fair Work Act
•
The right to reasonable paid time to provide information to and seek feedback from
employees in the workplace on workplace relations matters at the agency during normal
working hours;
45
•
The right to email employees in their workplace to provide information and seek feedback,
subject to individual employees exercising a right to ‘opt out’;
•
Undertaking their role and having union representation on an agency’s workplace relations
consultative committee;
•
Reasonable access to agency facilities (including telephone, facsimile, photocopying, internet
and email facilities, meeting rooms, lunch rooms, tea rooms and other areas where employees
meet) for the purpose of carrying out work as a delegate and consulting with members and
other interested employees and the union, subject to agency policies and protocols;
•
The right to address new employees about union membership at the time they enter
employment;
•
The right to consultation, and access to relevant information about the workplace and the
agency; and
•
The right to reasonable paid time to represent the interests of members to the employer and
industrial tribunals.
In discharging any roles that may involve undertaking union business, the rights of union workplace
delegates include but are not limited to:
•
Reasonable paid time during normal working hours to consult with other delegates and union
officials in the workplace, and receive advice and assistance from union staff and officials in
the workplace;
•
Reasonable access to appropriate training in workplace relations matters including training
provided by a union;
•
Reasonable paid time off to represent union members in the agency at relevant union forums.
In exercising their rights, workplace delegates and unions will consider operational issues,
departmental policies and guidelines and the likely affect on the efficient operation of the agency and
the provision of services by the Commonwealth.
For the avoidance of doubt, elected union representatives include APS employees elected to represent
union members in representative forums, including, for example, CPSU Section Secretaries,
Governing Councillors and Section Councillors, and APESMA Government Division Committee
members.
46
FOI
From:
s. 47F
Sent:
Wednesday, 8 April 2015 5:40 PM
To:
s. 47F
Subject:
Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Attachments:
Examples of soft arrangements in Cth enterprise agreements.docx
Sensitive
Hi s. 47F
I’ve put the attached together.
The included clauses are by no means the only examples.
Happy to add more if required.
Thanks
s. 47F
s. 47F
Assistant Director, Workplace Relations Policy
Workplace Relations Group
Australian Public Service Commission Level 6, Aviation House, 16 Furzer Street, PHILLIP ACT 2606
P: s. 47F
l F: s. 47F
l E:s. 47F
1
47
EXAMPLES OF ‘SOFT’ ARRANGEMENTS IN COMMONWEALTH
ENTERPRISE AGREEMENTS
Restriction on types of employment
Some APS enterprise agreements contain arrangements that purport to restrict the use of non-ongoing
employment. For example:
Screen Australia Enterprise Agreement 2011-2014
Screen Australia may engage employees as fixed term employees where:
a) the specific job performed by the employee is not required to be performed on an
ongoing basis, and is associated with fixed term programs and projects;
b) the skills and experience required are either:
for specified periods of time; or
for specified tasks.
c) industry sourced skills and experiences are required and there is an assumption
that employees will return to that industry.
Examples of generous leave entitlements
Personal/Carer’s Leave
The bulk of APS employees receive 15 to 18 days per annum, accruable. Some agencies have more
generous arrangements than this:
• Department of Infrastructure:
25 days per annum, accruable
• Attorney-General’s Department:
22 days per annum, accruable
• 13 APS Agencies (incl. 2 Departments): 20 days per annum, accruable
Community Service Volunteer Leave
• Some agencies provide their employees up to 5 days’ paid leave per annum (non-accruable)
to conduct volunteer work with a community organisation, provided they do not accept
payment from that organisation.
Miscellaneous Leave
• The CSIRO provides its employees with 4 days paid miscellaneous leave per annum,
accruable to a cap of 15 days. Employees may request to take these days whenever they wish
to and managers are not allowed to refuse reasonable requests to access this leave.
• Several agencies provide one day of paid leave per annum (non-accruable) to employees for
the purposes of moving house (i.e. employees are not expected to access their annual leave or
flex leave instead).
48
Restrictions around evidence requirements for personal/carer’s leave
Commonwealth Director of Public Prosecutions Enterprise Agreement
A Supervisor/Manager may request a medical certificate or statutory declaration for
absences of less than 3 consecutive days, but only where they have informed the employee in
advance of such a requirement.
Old Parliament House Enterprise Agreement
If the number of days without supporting evidence exceeds ten days in any accrual year, the
Director (delegate) may require the employee to provide evidence for any further short
absences for that accrual year. The Director (delegate) must inform the employee in advance
in writing of any requirement for supporting evidence for short absences.
Restrictions around meeting times
National Film and Sound Archive Enterprise Agreement
To assist employees to balance their work and family responsibilities, as a general principle
meetings will be scheduled to start no earlier than 9.30 am and finish by 5.00 pm.
IP Australia Enterprise Agreement
To assist IP Australia employees meet their personal responsibilities all meetings are to be scheduled
to meet the needs of the participants. Wherever possible meetings will not commence before 9:00am
and will conclude by 5:00pm, unless otherwise agreed.
Atypical allowances and other special payments
1. National Archives of Australia Enterprise Agreement
[For domestic and international travel]
Upon the presentation of receipts, an employee will be reimbursed for reasonable
additional costs for alternate care purposes and pet accommodation costs incurred
as a direct consequence of their travel on official duty.
2. Department of Education and Department of Employment
(formerly one agency – DEEWR)
To assist in the promotion of good health, the department will provide each employee with a health
related allowance to be paid as a lump sum on the first full pay period on or after 1 September each
year as follows:
a. APS 1- 3 employees will receive $500
b. APS 4- EL 2 employees will receive $200.
51
Consultation on prospective decisions
2.2 In line with the above principles, the ATO will undertake consultation with employees and their
representatives, where practicable, in relation to prospective business decisions that significantly
affect employees. This will normally include the context and/or reasons for the prospective decision
and the potential impacts.
3.9 At the workplace level consultative arrangements with employees should be based on the
following principles:
a) workplace issues should be discussed in a spirit of cooperation and trust;
b) employees should receive information on issues that significantly affect them;
c) managers are accountable for their area but, wherever practicable, employees
should have an opportunity to contribute their views before managers implement decisions
that will significantly affect them; and
d) there should be a direct relationship between managers and team members.
Dispute resolution
Australian Taxation Office Enterprise Agreement 2011-14
APSC analysis: This agreement significantly expands on the model dispute resolution clause
provided by the Fair Work Regulations (which is the clause recommended to agencies by the APSC).
Several internal procedures are prescribed and time-limited. The Australian Services Union has
launched several cases against the ATO for not meeting the timeframes or specific procedures
outlined in this dispute resolution clause.
The following procedures will apply in the event of any disagreement about:
a) the application or interpretation of this Agreement, or
b) the application of the NES;
between the Commissioner and an affected employee or a group of affected employees
(hereafter referred to as “the parties to the dispute”).
Where the parties to a dispute agree that it is appropriate, some or all of the steps in these
procedures may be bypassed. If, having regard to the nature and urgency of the issue, efforts
to resolve the matter at the workplace do not allow the matter to be dealt with in a timely
fashion, a party to the dispute may refer it to FWA.
Step 1
The employee(s) will advise their National Program Manager (NPM) in writing that they are
in dispute about an item in 145.6(a) or 145.6(b). Within 4 working days of receipt of that
advice from the employee(s) the NPM shall arrange a conference which should take place as
soon as practicable. The conference will be between the appropriate level of ATO
Management and the employee(s) and, where they choose, their representative.
For the purposes of Step 1 the NPM will determine what “the appropriate level of ATO
management” is.
The NPM will advise the employee(s) in writing of the position reached at the end of the Step
1 process in relation to the dispute and, where appropriate, advise the employee(s) of the next
step in the dispute process including time frames for referring the matter to Step 2.
52
If this advice is not received within 10 working days (or such longer time as agreed) of the
conference(s) held under this Step the employee(s) may commence action under Step 2.
If a referral has not been made under Step 2 within 10 working days (or such longer time as
agreed) of the employee(s) being advised of the outcomes of the Step 1 dispute then the
dispute will be considered to be finalised.
Step 2
If the matter cannot be resolved under Step 1, any party to the dispute may refer the matter to
the FAC ATOP for resolution. If the request relates to a decision or action of the FAC ATOP
the matter will be sent to the Commissioner for resolution.
To try to resolve the matter, the FAC ATOP (or Commissioner, if appropriate) will:
a) within 4 working days of receipt of the referral, shall arrange a conference which
should take place as soon as practicable and be attended by representatives of the
FAC ATOP (or Commissioner, if appropriate) and the employee(s) concerned and/or
their representatives if the employee(s) so requests, or
b) with the agreement of the employee(s) concerned initiate another dispute
resolution mechanism (this may include mediation or any other agreed means).
The FAC ATOP (or Commissioner, if appropriate) will advise the employee(s) in writing of
the position reached at the end of the Step 2 process in relation to the dispute and, where
appropriate, advise the employee(s) of the next step in the dispute process including time
frames for referring the matter to Step 3.
If this advice is not received within 10 working days (or such longer time as agreed) of the
conference(s) held under this Step a party to the dispute may commence action under Step 3.
If a referral has not been made under Step 3 within 10 working days (or such longer time as
agreed) of the employee(s) being advised of the outcomes of the Step 2 dispute then the
dispute will be considered to be finalised.
Step 3
If the matter cannot be resolved under Step 2, any party to the dispute may refer the matter to
FWA for resolution (a copy of the referral notice is also to be sent to FAC ATOP).
Prior to any FWA hearing, the parties to the dispute will provide each other with relevant
documents and information and an outline of the case that they will put to FWA at least 48
hours prior to the scheduled appearance.
National Film and Sound Archive Enterprise Agreement 2012-2014
This agreement expands on the model dispute resolution term, extending this to include policies,
procedures and guidelines.
Disputes over the contents or application of new or varied policies, procedures and
guidelines which support the application of this Agreement will be subject to the Dispute
Resolution procedures of this Agreement.
53
Seeking to curb an agency head’s power to terminate employment in redundancy scenarios
A majority of APS EAs include arrangements that seek to curb an agency head’s power to terminate
employment early whilst an employee is accessing a retention period in lieu of redundancy. This is
inconsistent with Part 7.1(c)(ii) of the Bargaining Policy which requires that enterprise agreements not
include:
…terms that contradict, alter or limit the effect of provisions in the Public Service Act 1999 or
relevant employing legislation.
This is also inconsistent with Part 1.8.1 of the APS Redeployment Policy which states:
While agencies must retain the capacity to terminate an excess employee without agreement,
this is very much a last resort power.
The following example from the
Australian Customs and Border Protection Service Enterprise
Agreement is common across APS enterprise agreements.
An excess employee who does not accept voluntary redundancy will not have their
employment involuntarily terminated by the CEO under s.29 of the Public Service Act 1999,
unless they otherwise agree, until a retention period has elapsed:
•
13 months where an employee has 20 or more years of service or is over 45 years of age;
or
•
7 months for other employees.
Where the CEO believes there is insufficient productive work available for an excess
employee during the retention period, the CEO may, with the agreement of the employee,
terminate the employee’s employment under s.29 of the Public Service Act 1999 and pay the
balance of the retention period as a lump sum.
Guaranteed facilities for union delegates
Many EAs contain prescriptive (and potentially onerous) arrangements which guarantee union
delegates access to use workplace facilities, infrastructure, technology and resources for the purposes
of carrying out their role with their union. The common arrangement included in many EAs is at
Attachment A.
54
Attachment A
Principles relating to workplace delegates
The role of union workplace delegates and other elected union representatives is to be respected and
facilitated.
Agencies and union workplace delegates must deal with each other in good faith.
In discharging their representative roles at the workplace level, the rights of union workplace
delegates include but are not limited to:
•
The right to be treated fairly and to perform their role as workplace delegates without any
discrimination in their employment;
•
Recognition by the agency that endorsed workplace delegates speak on behalf of their
members in the workplace;
•
The right to participate in collective bargaining on behalf of those whom they represent, as
per the Fair Work Act
•
The right to reasonable paid time to provide information to and seek feedback from
employees in the workplace on workplace relations matters at the agency during normal
working hours;
•
The right to email employees in their workplace to provide information and seek feedback,
subject to individual employees exercising a right to ‘opt out’;
•
Undertaking their role and having union representation on an agency’s workplace relations
consultative committee;
•
Reasonable access to agency facilities (including telephone, facsimile, photocopying, internet
and email facilities, meeting rooms, lunch rooms, tea rooms and other areas where employees
meet) for the purpose of carrying out work as a delegate and consulting with members and
other interested employees and the union, subject to agency policies and protocols;
•
The right to address new employees about union membership at the time they enter
employment;
•
The right to consultation, and access to relevant information about the workplace and the
agency; and
•
The right to reasonable paid time to represent the interests of members to the employer and
industrial tribunals.
In discharging any roles that may involve undertaking union business, the rights of union workplace
delegates include but are not limited to:
•
Reasonable paid time during normal working hours to consult with other delegates and union
officials in the workplace, and receive advice and assistance from union staff and officials in
the workplace;
•
Reasonable access to appropriate training in workplace relations matters including training
provided by a union;
•
Reasonable paid time off to represent union members in the agency at relevant union forums.
In exercising their rights, workplace delegates and unions will consider operational issues,
departmental policies and guidelines and the likely affect on the efficient operation of the agency and
the provision of services by the Commonwealth.
For the avoidance of doubt, elected union representatives include APS employees elected to represent
union members in representative forums, including, for example, CPSU Section Secretaries,
Governing Councillors and Section Councillors, and APESMA Government Division Committee
members.
55
FOI
From:
s. 47F
Sent:
Monday, 13 April 2015 2:26 PM
To:
LLOYD,John
Cc:
BULL,Helen; s. 47F
Subject:
FW: Examples of generous arrangements in Cth enterprise agreements.docx
[SEC=UNCLASSIFIED]
Attachments:
Examples of generous arrangements in Cth enterprise agreements.docx
Importance:
High
Commissioner,
I hope this is the document you are seeking.
I have forwarded this to you from Helen Bull’s email account.
I have left a message for s. 47F or Helen to call you – neither are available till about 2.30pm
s. 47F
From: s. 47F
Sent: Friday, 10 April 2015 9:13 AM
To: BULL,Helen
Cc: s. 47F
Subject: Examples of generous arrangements in Cth enterprise agreements.docx [SEC=UNCLASSIFIED]
Hi s. 47F
Revised as discussed yesterday.
s. 47F
s. 47F
l Director Workplace Relations Policy
Workplace Relations Group Australian Public Service Commission
Level 6, Aviation House, 16 Furzer Street, PHILLIP ACT 2606
P: s. 47F
l
E: s. 47F
l
W: www.apsc.gov.au
1
56
EXAMPLES OF ‘SOFT’ ARRANGEMENTS IN COMMONWEALTH
ENTERPRISE AGREEMENTS
Overview
• Over the past decade, APS employees have enjoyed wage increases substantially above CPI.
• During this time, APS remuneration increases totalled 50.7 per cent, compared to CPI
increases of 31.8 per cent. That is more than most other industries.
• In addition to these generous wages, Commonwealth public sector agreements have
accumulated other generous terms and conditions. These go beyond those provided by
minimum safety nets, often well above community standards.
• For example, Commonwealth superannuation arrangements deliver significant benefits over
time compared to what employees would receive from the Superannuation Guarantee.
Annual income
$60,000 $80,000
$90,000
$100,000
9.5% contribution rate
$5,700
$7,600
$8,550
$9,500
15.4% contribution rate
$9,240
$12,320
$13,860
$15,400
Difference (per annum)
$3,540
$4,720
$5,310
$5,900
20-year difference*
$70,800
$94,400 $106,200 $118,000
* The ‘20 year difference’ calculation is the additional employer superannuation contribution to
retirement capital over a 20 year period, excluding additional interest/fund earnings on those amounts.
• Some Commonwealth public sector agencies have agreed to provisions that go beyond even these
generous terms and conditions. These include generous leave provisions, and restrictions on
operational decision-making.
• Some examples of these provisions are outlined below.
Examples of generous leave entitlements
Personal/Carer’s Leave
The bulk of APS employees receive 15 to 18 days per annum, accruable. Some agencies have more
generous arrangements than this:
• Department of Infrastructure:
25 days per annum, accruable
• Attorney-General’s Department:
22 days per annum, accruable
• 13 APS Agencies (incl. 2 Departments): 20 days per annum, accruable
Community Service Volunteer Leave
• Some agencies provide their employees up to 5 days’ paid leave per annum (non-accruable)
to conduct volunteer work with a community organisation, provided they do not accept
payment from that organisation.
Miscellaneous Leave
• The CSIRO provides its employees with 4 days paid miscellaneous leave per annum,
accruable to a cap of 15 days. Employees may request to take these days whenever they wish
to and managers are not allowed to refuse reasonable requests to access this leave.
57
• Several agencies provide one day of paid leave per annum (non-accruable) to employees for
the purposes of moving house. i.e. employees are not expected to access their annual leave or
flex leave instead.
Examples of unusual allowances and other special payments
Some agencies provide unusually generous entitlements for employees who travel as part of their
official duties. For example:
•
National Archives of Australia Enterprise Agreement
[For domestic and international travel]
Upon the presentation of receipts, an employee will be reimbursed for reasonable
additional costs for alternate care purposes and pet accommodation costs incurred
as a direct consequence of their travel on official duty.
•
Department of Education and Department of Employment (formerly one agency –
DEEWR)
To assist in the promotion of good health, the department will provide each employee with a
health related allowance to be paid as a lump sum on the first full pay period on or after
1 September each year as follows:
a. APS 1- 3 employees will receive $500
b. APS 4- EL 2 employees will receive $200.
•
Australian Customs and Border Protection Service Enterprise Agreement
• Shoe and stocking allowance: $125.83 per annum
• Clothing allowance:
$711 per annum
• Employees may be reimbursed additional costs up to a maximum of $500 per annum
in accordance with the “Domestic Care Support Scheme.”
[Executive Level 1 officers]:
• Airline lounge membership if the employee is required to conduct any travel for
official purposes (limited to one airline)
• Business class travel for any flights over 2 hours’ duration.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
[Executive Level 2 officers]:
• All receive an annual ‘contact allowance’ in recognition that they may be called
outside of normal work hours.
• Can home garage of a Commonwealth vehicle (where one is available and
operationally necessary).
• Entitlement to park at work where they elect not to home garage a Commonwealth
vehicle.
• Business class travel for any flights over 2 hours’ duration – OR – they may elect to
take an economy class flight “downgrade” and receive a second economy class ticket
58
so their spouse/partner can accompany them; providing any pricing gap is met by the
employee.
• Airline lounge membership if the employee is required to conduct any travel for
official purposes.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
Clauses that restrict operational decision-making
In addition to generous terms and conditions, many public sector agreements contain provisions that
make it difficult for agencies to respond to changing government and community priorities.
• One Department reports that, due to a requirement in their enterprise agreement that any
change to working patterns be with the agreement of the employee, they were unable to
change shift rosters for 12 months, even when the work those employees were employed to
do was no longer available.
• The Department of Human Services was involved in a lengthy and costly workers’
compensation case linked to the requirement in its current enterprise agreement that
employees must agree to their pattern of working hours.
• The Australian Taxation Office Enterprise Agreement limits the ability of the ATO even to
move its employees to a new office within the same city.
112.2 To the fullest extent practicable the movement of employees will be on a voluntary
basis.
112.3 Hardship factors will be considered in selecting employees to move. Where the ATO
finds that the relocation would cause hardship for an employee, the ATO, as far as
reasonably practicable, will seek alternatives to relocation.
…
For moves between suburbs (including their immediate surrounds) or between the CBD and
a suburb, employees will be given at least one month’s notice of the need for them to move
unless the employees and the delegate agree to a shorter or longer period.
112.5 If significant relocation costs are likely to be incurred, the employee will be entitled to
one-off payment upon taking up duty in the new building;
a) for employees at or below the APS 3 level - $1047 (and $1068 from 21 June 2012,
$1079 from 3 January 2013, and $1101 from 20 June 2013),
b) for employees at or above the APS 4 level $696 (and $710 from 21 June 2012,
$717 from 3 January 2013, and $731 from 20 June 2013).
…
112.6 Managers may allow employees up to 3 days leave where this is necessary to arrange
personal matters associated with the move.
• Some enterprise agreements even dictate the times at which meetings can be scheduled:
o
To assist employees to balance their work and family responsibilities, as a general
principle meetings will be scheduled to start no earlier than 9.30 am and finish by
5.00 pm.
59
To assist IP Australia employees meet their personal responsibilities all meetings are to
be scheduled to meet the needs of the participants. Wherever possible meetings will not
commence before 9:00am and will conclude by 5:00pm, unless otherwise agreed.
• Some APS enterprise agreements also contain arrangements that purport to restrict the use of
non-ongoing employment. For example:
Screen Australia may engage employees as fixed term employees where:
a) the specific job performed by the employee is not required to be performed on an
ongoing basis, and is associated with fixed term programs and projects;
b) the skills and experience required are either:
for specified periods of time; or
for specified tasks.
c) industry sourced skills and experiences are required and there is an assumption
that employees will return to that industry.
Clauses that use a lot of words to say nothing of substance
Many APS enterprise agreements are not well-drafted. However, some have been drafted in such as
way as to make it difficult for employees or managers to understand what, if any, entitlements they
provide. For example, from the Defence Enterprise Agreement:
A2.1 To allow flexibility in decision-making, this Agreement provides a principles-based
decisionmaking framework. The following principles underpin all provisions in this
Agreement:
a. assisting employees to balance their work and private commitments;
b. providing a safe, secure and fair environment;
c. making the most efficient use of resources and supporting sustainable
environmental
management;
d. respecting and valuing diversity;
e. preventing discrimination;
f. ensuring freedom of association; and
g. behaving honestly.
A2.2 Procedural fairness is to be observed in all employment decisions, so that:
a. employees are given an opportunity to be heard and promptly advised of the
decision;
b. those hearing an employee are unbiased;
c. any decision regarding the employee is based on sufficient evidence to support the
decision; and
d. confidentiality and privacy is observed except where it would be inappropriate to
do so.
A2.3 While principles-based decision-making provides flexibility, it still requires the
application of the Defence values and APS Values in the decision-making process. The APS
Values, set out in section 10(1) of the PS Act, have evolved to reflect the greater flexibility,
efficiency and business practices required by today’s organisation. They not only shape an
ethical and productive workplace culture – they also define our legal commitment to both the
government and the people we serve. The APS Values recognise this can only be achieved
through trust, rather than increased procedure. Employees must, in turn, recognise that this
level of trust comes with increased responsibility, and that any breach of the APS
60
Values, or of the APS Code of Conduct, may result in serious penalty, or even dismissal, for
those responsible.
Defence values – PLICIT
A2.4 Defence has a framework of values that reflects the long traditions and distinctive
identities of the three Services and the APS. They underpin our corporate culture and
contribute to achieving organisational goals. The Defence values – Professionalism, Loyalty,
Integrity, Courage, Innovation and Teamwork (PLICIT) – have been formulated as a unifying
factor across all facets of Defence. The Defence values work alongside the APS Values and
the values of each of the single Services. They form the basis of the behaviours expected of all
our people and leaders (both APS and ADF) in Defence.
Guaranteed facilities for union delegates
Most APS agreements contain prescriptive arrangements which guarantee union delegates access to
use workplace facilities, infrastructure, technology and resources for the purposes of carrying out their
role with their union. The common arrangement included in many EAs is at Attachment A.
61
Attachment A
Principles relating to workplace delegates
The role of union workplace delegates and other elected union representatives is to be respected and
facilitated.
Agencies and union workplace delegates must deal with each other in good faith.
In discharging their representative roles at the workplace level, the rights of union workplace
delegates include but are not limited to:
•
The right to be treated fairly and to perform their role as workplace delegates without any
discrimination in their employment;
•
Recognition by the agency that endorsed workplace delegates speak on behalf of their
members in the workplace;
•
The right to participate in collective bargaining on behalf of those whom they represent, as
per the Fair Work Act
•
The right to reasonable paid time to provide information to and seek feedback from
employees in the workplace on workplace relations matters at the agency during normal
working hours;
•
The right to email employees in their workplace to provide information and seek feedback,
subject to individual employees exercising a right to ‘opt out’;
•
Undertaking their role and having union representation on an agency’s workplace relations
consultative committee;
•
Reasonable access to agency facilities (including telephone, facsimile, photocopying, internet
and email facilities, meeting rooms, lunch rooms, tea rooms and other areas where employees
meet) for the purpose of carrying out work as a delegate and consulting with members and
other interested employees and the union, subject to agency policies and protocols;
•
The right to address new employees about union membership at the time they enter
employment;
•
The right to consultation, and access to relevant information about the workplace and the
agency; and
•
The right to reasonable paid time to represent the interests of members to the employer and
industrial tribunals.
In discharging any roles that may involve undertaking union business, the rights of union workplace
delegates include but are not limited to:
•
Reasonable paid time during normal working hours to consult with other delegates and union
officials in the workplace, and receive advice and assistance from union staff and officials in
the workplace;
•
Reasonable access to appropriate training in workplace relations matters including training
provided by a union;
•
Reasonable paid time off to represent union members in the agency at relevant union forums.
In exercising their rights, workplace delegates and unions will consider operational issues,
departmental policies and guidelines and the likely affect on the efficient operation of the agency and
the provision of services by the Commonwealth.
For the avoidance of doubt, elected union representatives include APS employees elected to represent
union members in representative forums, including, for example, CPSU Section Secretaries,
Governing Councillors and Section Councillors, and APESMA Government Division Committee
members.
62
FOI
From:
s. 47F
Sent:
Monday, 13 April 2015 8:08 AM
To:
s. 47F
Subject:
FW: Examples of generous arrangements in Cth enterprise agreements.docx
[SEC=UNCLASSIFIED]
Attachments:
Examples of generous arrangements in Cth enterprise agreements.docx
From: BULL,Helen
Sent: Friday, 10 April 2015 4:16 PM
To: s. 47F
Subject: Examples of generous arrangements in Cth enterprise agreements.docx [SEC=UNCLASSIFIED]
1
63
EXAMPLES OF ‘SOFT’ ARRANGEMENTS IN COMMONWEALTH
ENTERPRISE AGREEMENTS
Overview
• Over the past decade, APS employees have enjoyed wage increases substantially above CPI.
• During this time, APS remuneration increases totalled 50.7 per cent, compared to CPI
increases of 31.8 per cent. That is more than most other industries.
• In addition to these generous wages, Commonwealth public sector agreements have
accumulated other generous terms and conditions. These go beyond those provided by
minimum safety nets, often well above community standards.
• For example, Commonwealth superannuation arrangements deliver significant benefits over
time compared to what employees would receive from the Superannuation Guarantee.
Annual income
$60,000 $80,000
$90,000
$100,000
9.5% contribution rate
$5,700
$7,600
$8,550
$9,500
15.4% contribution rate
$9,240
$12,320
$13,860
$15,400
Difference (per annum)
$3,540
$4,720
$5,310
$5,900
20-year difference*
$70,800
$94,400 $106,200 $118,000
* The ‘20 year difference’ calculation is the additional employer superannuation contribution to
retirement capital over a 20 year period, excluding additional interest/fund earnings on those amounts.
• Some Commonwealth public sector agencies have agreed to provisions that go beyond even these
generous terms and conditions. These include generous leave provisions, and restrictions on
operational decision-making.
• Some examples of these provisions are outlined below.
Examples of generous leave entitlements
Personal/Carer’s Leave
The bulk of APS employees receive 15 to 18 days per annum, accruable. Some agencies have more
generous arrangements than this:
• Department of Infrastructure:
25 days per annum, accruable
• Attorney-General’s Department:
22 days per annum, accruable
• 13 APS Agencies (incl. 2 Departments): 20 days per annum, accruable
Community Service Volunteer Leave
• Some agencies provide their employees up to 5 days’ paid leave per annum (non-accruable)
to conduct volunteer work with a community organisation, provided they do not accept
payment from that organisation.
Miscellaneous Leave
• The CSIRO provides its employees with 4 days paid miscellaneous leave per annum,
accruable to a cap of 15 days. Employees may request to take these days whenever they wish
to and managers are not allowed to refuse reasonable requests to access this leave.
64
• Several agencies provide one day of paid leave per annum (non-accruable) to employees for
the purposes of moving house. i.e. employees are not expected to access their annual leave or
flex leave instead.
Examples of unusual allowances and other special payments
Some agencies provide unusually generous entitlements for employees who travel as part of their
official duties. For example:
•
National Archives of Australia Enterprise Agreement
[For domestic and international travel]
Upon the presentation of receipts, an employee will be reimbursed for reasonable
additional costs for alternate care purposes and pet accommodation costs incurred
as a direct consequence of their travel on official duty.
•
Department of Education and Department of Employment (formerly one agency –
DEEWR)
To assist in the promotion of good health, the department will provide each employee with a
health related allowance to be paid as a lump sum on the first full pay period on or after
1 September each year as follows:
a. APS 1- 3 employees will receive $500
b. APS 4- EL 2 employees will receive $200.
•
Australian Customs and Border Protection Service Enterprise Agreement
• Shoe and stocking allowance: $125.83 per annum
• Clothing allowance:
$711 per annum
• Employees may be reimbursed additional costs up to a maximum of $500 per annum
in accordance with the “Domestic Care Support Scheme.”
[Executive Level 1 officers]:
• Airline lounge membership if the employee is required to conduct any travel for
official purposes (limited to one airline)
• Business class travel for any flights over 2 hours’ duration.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
[Executive Level 2 officers]:
• All receive an annual ‘contact allowance’ in recognition that they may be called
outside of normal work hours.
• Can home garage of a Commonwealth vehicle (where one is available and
operationally necessary).
• Entitlement to park at work where they elect not to home garage a Commonwealth
vehicle.
• Business class travel for any flights over 2 hours’ duration – OR – they may elect to
take an economy class flight “downgrade” and receive a second economy class ticket
65
so their spouse/partner can accompany them; providing any pricing gap is met by the
employee.
• Airline lounge membership if the employee is required to conduct any travel for
official purposes.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
Clauses that restrict operational decision-making
In addition to generous terms and conditions, many public sector agreements contain provisions that
make it difficult for agencies to respond to changing government and community priorities.
• One Department reports that, due to a requirement in their enterprise agreement that any
change to working patterns be with the agreement of the employee, they were unable to
change shift rosters for 12 months, even when the work those employees were employed to
do was no longer available.
• The Department of Human Services was involved in a lengthy and costly workers’
compensation case linked to the requirement in its current enterprise agreement that
employees must agree to their pattern of working hours.
• The current DHS agreement provides lengthy provisions on negotiation of working hours.
There are also lengthy provisions on consultation, including provisions that dictate how
consultation will occur. (see Attachment A).
• The Australian Taxation Office Enterprise Agreement limits the ability of the ATO even to
move its employees to a new office within the same city. This has been included in the
agreement even though section 25 of the Public Service Act allows Agency Head’s the
unilateral power to determine the place or places that an APS employee will perform their
duties.
112.2 To the fullest extent practicable the movement of employees will be on a voluntary
basis.
112.3 Hardship factors will be considered in selecting employees to move. Where the ATO
finds that the relocation would cause hardship for an employee, the ATO, as far as
reasonably practicable, will seek alternatives to relocation.
…
For moves between suburbs (including their immediate surrounds) or between the CBD and
a suburb, employees will be given at least one month’s notice of the need for them to move
unless the employees and the delegate agree to a shorter or longer period.
112.5 If significant relocation costs are likely to be incurred, the employee will be entitled to
one-off payment upon taking up duty in the new building;
a) for employees at or below the APS 3 level - $1047 (and $1068 from 21 June 2012,
$1079 from 3 January 2013, and $1101 from 20 June 2013),
b) for employees at or above the APS 4 level $696 (and $710 from 21 June 2012,
$717 from 3 January 2013, and $731 from 20 June 2013).
…
112.6 Managers may allow employees up to 3 days leave where this is necessary to arrange
personal matters associated with the move.
66
• Some enterprise agreements even dictate the times at which meetings can be scheduled. An
example from the IP Australia agreement:
o
To assist employees to balance their work and family responsibilities, as a general
principle meetings will be scheduled to start no earlier than 9.30 am and finish by
5.00 pm.
To assist IP Australia employees meet their personal responsibilities all meetings are to
be scheduled to meet the needs of the participants. Wherever possible meetings will not
commence before 9:00am and will conclude by 5:00pm, unless otherwise agreed.
• Some APS enterprise agreements also contain arrangements that purport to restrict the use of
non-ongoing employment. For example:
Screen Australia may engage employees as fixed term employees where:
a) the specific job performed by the employee is not required to be performed on an
ongoing basis, and is associated with fixed term programs and projects;
b) the skills and experience required are either:
for specified periods of time; or
for specified tasks.
c) industry sourced skills and experiences are required and there is an assumption
that employees will return to that industry.
Clauses that use a lot of words to say nothing of substance
Many APS enterprise agreements are not well-drafted. However, some have been drafted in such a
way as to make it difficult for employees or managers to understand what, if any, entitlements they
provide. For example, from the Defence Enterprise Agreement:
A2.1 To allow flexibility in decision-making, this Agreement provides a principles-based
decision making framework. The following principles underpin all provisions in this
Agreement:
a. assisting employees to balance their work and private commitments;
b. providing a safe, secure and fair environment;
c. making the most efficient use of resources and supporting sustainable
environmental management;
d. respecting and valuing diversity;
e. preventing discrimination;
f. ensuring freedom of association; and
g. behaving honestly.
A2.2 Procedural fairness is to be observed in all employment decisions, so that:
a. employees are given an opportunity to be heard and promptly advised of the
decision;
b. those hearing an employee are unbiased;
c. any decision regarding the employee is based on sufficient evidence to support the
decision; and
d. confidentiality and privacy is observed except where it would be inappropriate to
do so.
A2.3 While principles-based decision-making provides flexibility, it still requires the
application of the Defence values and APS Values in the decision-making process. The APS
Values, set out in section 10(1) of the PS Act, have evolved to reflect the greater flexibility,
67
efficiency and business practices required by today’s organisation. They not only shape an
ethical and productive workplace culture – they also define our legal commitment to both the
government and the people we serve. The APS Values recognise this can only be achieved
through trust, rather than increased procedure. Employees must, in turn, recognise that this
level of trust comes with increased responsibility, and that any breach of the APS
Values, or of the APS Code of Conduct, may result in serious penalty, or even dismissal, for
those responsible.
Defence values – PLICIT
A2.4 Defence has a framework of values that reflects the long traditions and distinctive
identities of the three Services and the APS. They underpin our corporate culture and
contribute to achieving organisational goals. The Defence values – Professionalism, Loyalty,
Integrity, Courage, Innovation and Teamwork (PLICIT) – have been formulated as a unifying
factor across all facets of Defence. The Defence values work alongside the APS Values and
the values of each of the single Services. They form the basis of the behaviours expected of all
our people and leaders (both APS and ADF) in Defence.
Guaranteed facilities for union delegates
Most APS agreements contain prescriptive arrangements which guarantee union delegates access to
use workplace facilities, infrastructure, technology and resources for the purposes of carrying out their
role with their union. The common arrangement included in many EAs is at Attachment A.
68
Attachment A
Department of Human Services agreement
A1 NEGOTIATION OF WORKING HOURS
A1.1 An employee and their direct supervisor will together design and reach agreement on the
employee’s working hours, genuinely negotiating where necessary. These working hours may
take the form of a pattern of ordinary hours of duty or a regular hours agreement.
A1.2 In designing or negotiating a pattern of ordinary hours or regular hours agreement, the direct
supervisor will make all reasonable efforts to accommodate an employee’s requests.
A1.3 A regular hours agreement may be requested by an employee and, if approved, will apply for
a specified period of 12 months unless a shorter period is requested by the employee.
A1.4 An employee who requests a regular hours agreement will be advised in writing of the
outcome of their request. Agreements will be jointly reviewed at the end of the period.
Processes
A1.5 In designing or negotiating a pattern of ordinary hours or regular hours agreement, the direct
supervisor and employee will take into account a balance of:
(a)
the employee’s needs and preferences; and
(b)
the capacity and needs of a team, workplace, or business line to meet its internal or
external service delivery requirements.
A1.6 A regular hours agreement will include start and finish times and lunch times.
A1.7 Where requested by the employee, a regular hours agreement will be designed to include one
or more planned day(s) off in a settlement period.
A1.8 Where a direct supervisor cannot accommodate an employee’s request in respect of a pattern
of ordinary hours or a regular hours agreement, the direct supervisor will:
(a)
discuss the reasons for the decision with the employee; and
(b)
provide written reasons for the decision, if requested by the employee.
A1.9 Where an employee and their direct supervisor cannot reach agreement on a pattern of
ordinary hours or a regular hours agreement, the employee will continue to work in
accordance with their existing pattern of ordinary hours or regular hours agreement until the
end of the current settlement period.
A1.10 At the end of the current settlement period, if agreement cannot be reached, the employee may
choose:
(a)
to work in accordance with a default regular hours option; or
(b)
to continue their existing pattern of ordinary hours or regular hours agreement for
a further settlement period, after which time the employee will work in accordance
with a default regular hours option.
A1.11 Default regular hours (for a full time employee) will apply in accordance with the options
listed below that the Secretary determines best suits the work area:
(a)
8.30am to 5.00pm with 60 minute lunch break.
(b)
commencement 15 minutes before the opening time of the workplace or 7.45am
(whichever is the later), with a lunch break of 30, 45 or 60 minutes; or
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(c)
finish 15 minutes after close of a customer contact period or 5.15pm (whichever is
the earlier), with a lunch break of 30, 45 or 60 minutes.
Variations on negotiated hours
A1.1 Employees will have at least four weeks notice for a change in arrangements unless the
employee agrees to a lesser timeframe.
A1.2 An employee may request changes to their pattern of ordinary hours or regular hours
agreement at any stage.
A1.3 The regular hours agreement may be varied, by agreement, between the Secretary and the
employee.
A1.4 The employee and their supervisor will meet and discuss the regular hours arrangements a
month before the end date of the current regular hours agreement to enable discussion on
continuing the regular hours agreement for a further 12 months or to negotiate new regular
hours arrangements.
A2 ROSTERS
A2.1 Rostering of some employees is essential to the department’s primary function of quality
service delivery. The department seeks to balance flexibility and certainty for employees and
business areas, to assist in the design of quality jobs, a better work/life balance and a healthy
and safe work environment.
A2.2 The department will, in consultation with employees and their representatives, develop and
agree a policy for rostering. This policy will include mechanisms to balance flexibility and
certainty for employees including adequate breaks.
Principles
A2.3 Rosters are designed through a process of genuine negotiation between an employee and their
team leader/manager, taking into account the agreed pattern of hours.
A2.4 Rosters will provide employees with adequate time to prepare for the day and pack up at the
end of the day, meet and plan, undertake necessary reading, participate in training and other
development activities, prepare for the introduction of changes, and include adequate breaks.
A2.5 Employees and managers are encouraged to apply local, flexible work practices where
possible to meet employee’s short term or ad hoc work/life balance needs. Managers will
make all reasonable efforts to accommodate those requests.
Application
A2.6 This clause
Error! Reference source not found. will apply to:
(a)
workplaces or business lines (or parts thereof) that, on commencement of this
Agreement, operate on a rostered basis; and
(b)
other workplaces or business lines where the Secretary determines, in consultation
with affected employees and their representatives (under clau
se A4) will operate
on a rostered basis.
A2.7 All rostered environments as described in
Error! Reference source not found. will, at a
minimum, include provision of:
(a)
planned leave including flex time or planned days off;
(b)
start and finish times;
(c)
timing and duration of lunch and tea breaks;
70
(d)
preparation and pack up time totalling 15 minutes in a single day;
(e)
a 5 minute break after each 60 minute continuous period of screen/telephony-
based work where they are rostered to continue to perform that work for at least a
further 15 minutes. The five minute screen-based equipment break will be used to
perform other work related activities including appropriate health and well-being
activities. This time may form part of a tea break.
A2.8 The manner in which these are reflected in rosters will depend upon the rostering tool(s) used
in each business area.
A2.9 In locations where cash counting occurs, preparation and pack up time will be increased to 15
minutes preparation time and 15 minutes pack up time.
A2.10 Where rosters are generated according to national business parameters, those rosters may also
include scheduled activities and duration of those activities including:
(a)
face to face customer service;
(b)
telephone and telephone support activities;
(c)
follow-up and processing activities
(d)
training (national and local);
(e)
learning and development (in blocks of at least 30 minutes);
(f)
team and one-to-one meetings; and/or
(g)
other approved roles (such as HCO or HSR duties).
Processes
A2.11 Rosters will apply for four week periods and may be negotiated up to 12 weeks in advance.
A2.12 There are three phases in the development of rosters
(a)
identification of an employee’s working hours preferences including agreed
pattern of hours arrangements;
(b)
development of draft rosters, and initial negotiation. During the initial negotiation
phase, employees may genuinely negotiate changes with their supervisor; and
(c)
distribution of final rosters and adjustments to final rosters subject to
Error!
Reference source not found.,
Error! Reference source not found. and
Error!
Reference source not found..
A2.13 An employee may request changes to their roster (including scheduled activities outlined in
subclause
Error! Reference source not found.) at any stage.
A2.14 Employees are encouraged to manage their own ad hoc changes to their roster by swapping
with other employees. Agreement by the manager will not be unreasonably refused. Swaps of
scheduled activities should not reduce overall task variety for employees during the roster
period.
A2.15 Where the department needs to change rosters due to operational requirements that were
unforeseen prior to finalising the roster, the need for changes will be discussed with affected
employees at the earliest opportunity. Genuine negotiation of rosters will explore options to
meet the operational requirements and give employees reasonable notice of changes to
working hours.
A2.16 Subject to subclause
Error! Reference source not found., where changes to start or finish
times are not agreed between an employee and their supervisor, and where notice of changes
of at least 14 calendar days cannot be provided, the employee will be entitled to overtime
71
payments for hours that are worked before their previously agreed start time, or after their
previously agreed finish time.
A2.17 In the event that the department, or a workplace or business line within the department, needs
to make variations to rostering or scheduling practices, the Secretary will consult with
potentially affected employees and their representatives prior to implementing changes to
those practices.
A3 HOURS OF SERVICE DELIVERY
A3.1 The Secretary may determine hours of service delivery that will apply across the department,
or in areas of the department.
A3.2 The department may vary the hours of service delivery to meet customer demand.
A3.3 If the department needs to vary hours of service delivery or establish new or varied customer
service arrangements, and this variation will impact on the hours of duty worked by
employees, the Secretary will communicate the business need and consult with potentially
affected employees and their representatives, prior to implementing a change in service
delivery hours, in accordance with claus
e A4 of this Agreement. In conducting consultation,
the Secretary will consult on matters including, but not limited to:
(a)
staffing levels, and impacts on service levels;
(b)
security and occupational health and safety;
(c)
hours of duty, including rosters, regular hours arrangements and patterns of
ordinary hours;
(d)
child care availability, proximity, suitability and costs;
(e)
availability, safety and proximity of public transport and parking; and
(f)
other options to assist existing staff manage changed hours, including recruitment
of staff to work changed hours.
A3.4 Where the Secretary establishes new or varied service delivery hours, the Secretary will not:
(a)
design an employee’s pattern of attendance to include hours outside the
bandwidth;
(b)
compel an employee to work on public holidays; or
(c)
place an employee in a 12-hour shift arrangement;
without the employee’s consent.
A3.1 The department will not roster staff to perform external customer contact duties, other than
normal 24 hour / 7 day services, on the Saturday after Good Friday or any Saturdays that fall
within the department’s reduced activity period set out in clause
Error! Reference source
not found..
A4 CONSULTATION
A4.1 The department respects the principles of freedom of association and recognises that it is
every employee’s right to freely decide whether or not to join and be represented by a union
in workplace matters.
A4.2 Consultation means providing employees and their representatives with a bona fide
opportunity to influence a decision-maker prior to a decision being made (where possible),
and prior to the implementation of changes.
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A4.3 The Secretary will consult with potentially affected employees and their representatives in
accordance with this clau
se A4:
(a)
on the introduction of major changes (or proposed major changes) referred to in
subclau
ses A4.4 a
nd A4.5; and
(b)
on other workplace changes that will have an effect on employees referred to in
subclau
se A4.6.
Major Change
A4.4 Where a decision is made to introduce major changes in program, organisation, structure or
technology that are likely to have a significant effect on employees, the Secretary must notify
the employees who are likely to be affected by the proposed changes, and their
representatives.
A4.5 Significant effects include (but are not limited to):
(a)
termination of employment;
(b)
major changes in composition, operation or size of the department’s workforce or
in the skills required;
(c)
the elimination or diminution of job opportunities, promotion opportunities or job
tenure;
(d)
alteration in hours of work;
(e)
the need to retrain employees;
(f)
the need to relocate employees to another workplace; and
(g)
the restructuring of jobs.
Other workplace changes
A4.6 Where a workplace change that is likely to have an effect on employees (but is not a major
change) is proposed, the Secretary will notify potentially affected employees and their
representatives.
Timing of consultation
A4.7 Where a decision is made by Government, or is made outside the department, consultation
with employees prior to making the decision may not be practicable. In such cases,
consultation under this clause
A4 regarding the implementation of the decision will occur as
early as is reasonably practicable.
A4.8 In other cases, consultation with employees under this clau
se A4 will occur as early as
possible prior to making a decision.
Process
A4.9 The Secretary must consult with the employees affected and their representatives, by:
(a)
discussing the introduction of the major change or other workplace change;
(b)
discussing the effects the change is likely to have on employees and measures to
avert or mitigate the adverse effects of such changes on employees;
(c)
seeking the feedback and input of affected employees and their representatives,
about the changes or proposed changes; and
(d)
giving prompt consideration to feedback or input raised by the employees and their
representatives, in relation to the changes or proposed changes.
73
A4.10 Depending on the issue for consultation and the relevant workplace or workplaces,
consultation may be general or specific, and may take the form of discussions, surveys,
working groups, project teams, consultation meetings, other co-design approaches and/or the
opportunity to make verbal or written comments.
A4.11 Local managers will consult with their employees and their representatives on local
workplace changes. Consultative arrangements may be formal or informal (for example,
standing agenda items for team meetings, committees in larger workplaces, or informal
meetings with local managers in smaller worksites). Issues raised at the local level may be
referred to a more senior manager.
A4.12 For the purpose of the discussions under subclause
A4.9 a
nd A4.10, the employees concerned
and their representatives are to be provided in writing all relevant information about the
changes or proposed changes, including the nature of the changes proposed, the expected
effects of the changes on employees and any other matters likely to affect employees.
A4.13 The Secretary is not required to disclose confidential or commercially sensitive information to
the employees or their representatives.
A4.14 The Secretary will advise employees and their representatives about how their feedback or
input was considered in the decision-making and/or implementation process, as relevant. This
advice will be provided in writing, if requested.
Committees
A4.15 The department will establish consultative committees to consult with unions about workplace
changes at the service zone level or national level.
A4.16 Service Zone Committees (including a National Office Committee), consisting of three
management representatives and three union representatives, will meet at least three times per
year and will deal with proposed changes within the Service Zone and implementation of
Government decisions as they apply to the Service Zone. The Service Zone Committee may
escalate relevant issues to the National Consultative Committee (NCC) or a subcommittee of
the NCC.
A4.17 The NCC will consist of four management and four union representatives, will meet quarterly,
and will deal with proposed changes within the department, and implementation of
Government decisions as they apply to the department. The NCC may establish
subcommittees on an as needs basis to deal with issues that require specific attention.
Principles relating to workplace delegates – Majority of APS Agreements
The role of union workplace delegates and other elected union representatives is to be respected and
facilitated.
Agencies and union workplace delegates must deal with each other in good faith.
In discharging their representative roles at the workplace level, the rights of union workplace
delegates include but are not limited to:
•
The right to be treated fairly and to perform their role as workplace delegates without any
discrimination in their employment;
•
Recognition by the agency that endorsed workplace delegates speak on behalf of their
members in the workplace;
•
The right to participate in collective bargaining on behalf of those whom they represent, as
per the Fair Work Act
•
The right to reasonable paid time to provide information to and seek feedback from
employees in the workplace on workplace relations matters at the agency during normal
working hours;
74
•
The right to email employees in their workplace to provide information and seek feedback,
subject to individual employees exercising a right to ‘opt out’;
•
Undertaking their role and having union representation on an agency’s workplace relations
consultative committee;
•
Reasonable access to agency facilities (including telephone, facsimile, photocopying, internet
and email facilities, meeting rooms, lunch rooms, tea rooms and other areas where employees
meet) for the purpose of carrying out work as a delegate and consulting with members and
other interested employees and the union, subject to agency policies and protocols;
•
The right to address new employees about union membership at the time they enter
employment;
•
The right to consultation, and access to relevant information about the workplace and the
agency; and
•
The right to reasonable paid time to represent the interests of members to the employer and
industrial tribunals.
In discharging any roles that may involve undertaking union business, the rights of union workplace
delegates include but are not limited to:
•
Reasonable paid time during normal working hours to consult with other delegates and union
officials in the workplace, and receive advice and assistance from union staff and officials in
the workplace;
•
Reasonable access to appropriate training in workplace relations matters including training
provided by a union;
•
Reasonable paid time off to represent union members in the agency at relevant union forums.
In exercising their rights, workplace delegates and unions will consider operational issues,
departmental policies and guidelines and the likely affect on the efficient operation of the agency and
the provision of services by the Commonwealth.
For the avoidance of doubt, elected union representatives include APS employees elected to represent
union members in representative forums, including, for example, CPSU Section Secretaries,
Governing Councillors and Section Councillors, and APESMA Government Division Committee
members.
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FOI
From:
s. 47F
Sent:
Monday, 4 May 2015 2:46 PM
To:
s. 47F
Subject:
FW: Examples of generous arrangements in Cth enterprise agreements.docx
[SEC=UNCLASSIFIED]
Attachments:
Examples of generous arrangements in Cth enterprise agreements.docx
From: BULL,Helen
Sent: Monday, 13 April 2015 2:59 PM
To: LLOYD,John
Cc: s. 47F
Subject: Examples of generous arrangements in Cth enterprise agreements.docx [SEC=UNCLASSIFIED]
Hi John
This is the electronic copy of the last version I sent you today.
Regards
Helen
1
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EXAMPLES OF ‘SOFT’ ARRANGEMENTS IN COMMONWEALTH
ENTERPRISE AGREEMENTS
Overview
1. Over the past decade, APS employees have enjoyed wage increases substantially above CPI.
2. During this time, APS remuneration increases totalled 50.7 per cent, compared to CPI
increases of 31.8 per cent. That is more than most other industries.
3. In addition to these generous wages, Commonwealth public sector agreements have
accumulated other generous terms and conditions. These go beyond those provided by
minimum safety nets, often well above community standards.
4. For example, Commonwealth superannuation arrangements deliver significant benefits over
time compared to what employees would receive from the Superannuation Guarantee.
Annual income
$60,000 $80,000
$90,000
$100,000
9.5% contribution rate
$5,700
$7,600
$8,550
$9,500
15.4% contribution rate
$9,240
$12,320
$13,860
$15,400
Difference (per annum)
$3,540
$4,720
$5,310
$5,900
20-year difference*
$70,800
$94,400 $106,200 $118,000
* The ‘20 year difference’ calculation is the additional employer superannuation contribution to
retirement capital over a 20 year period, excluding additional interest/fund earnings on those amounts.
5. Some Commonwealth public sector agencies have agreed to provisions that go beyond even
these generous terms and conditions. These include generous leave provisions, and
restrictions on operational decision-making.
6. Some examples of these provisions are outlined below.
Examples of generous leave entitlements
Personal/Carer’s Leave
7. The bulk of APS employees receive 15 to 18 days per annum, accruable. Some agencies have
more generous arrangements than this:
a. Department of Infrastructure:
25 days per annum, accruable
b. Attorney-General’s Department:
22 days per annum, accruable
c. 13 APS Agencies (incl. 2 Departments): 20 days per annum, accruable
Community Service Volunteer Leave
8. Some agencies provide their employees up to 5 days’ paid leave per annum (non-accruable)
to conduct volunteer work with a community organisation, provided they do not accept
payment from that organisation.
Miscellaneous Leave
9. The CSIRO provides its employees with 4 days paid miscellaneous leave per annum,
accruable to a cap of 15 days. Employees may request to take these days whenever they wish
to and managers are not allowed to refuse reasonable requests to access this leave.
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10. Several agencies provide one day of paid leave per annum (non-accruable) to employees for
the purposes of moving house. i.e. employees are not expected to access their annual leave or
flex leave instead.
Examples of unusual allowances and other special payments
11. Some agencies provide unusually generous entitlements for employees who travel as part of
their official duties. For example:
National Archives of Australia Enterprise Agreement
[For domestic and international travel]
Upon the presentation of receipts, an employee will be reimbursed for reasonable
additional costs for alternate care purposes and pet accommodation costs incurred
as a direct consequence of their travel on official duty.
12. Approximately 40% of APS agreements provide allowances to promote ‘health and well-
being. The majority of these allowance are less than $300 per annum. Some examples of
those which are greater:
Workplace Gender Equity Agency
229. Effective 1 July 2012, employees shall be entitled to claim reimbursement for Health,
Wellness and Fitness expenses to a maximum value of $900 each financial year (July to
June), including GST. The terms and conditions of this entitlement are specified in the EOWA
Health, Wellness and Fitness Policy.
Department of Education and Department of Employment (formerly one agency –
DEEWR)
To assist in the promotion of good health, the department will provide each employee with a
health related allowance to be paid as a lump sum on the first full pay period on or after
1 September each year as follows:
a. APS 1- 3 employees will receive $500
b. APS 4- EL 2 employees will receive $200.
13. Other generous/unusual allowances include provisions providing for extra money to pay for
childcare in school holidays, for example the Comsuper agreement; to be relocated on
retirement in the Defence agreement and a range of expense and travel provisions in the
Customs agreement.
Comsuper Agreement
54. SCHOOL HOLIDAY CARE
54.1 ComSuper will pay a school holiday care allowance to eligible employees for a
maximum of
two weeks per calendar year during the July/August school holidays and between Christmas
and New Year.
54.2 School holiday care allowance is $25 gross per day for each child of school age placed
in approved child care while the parent is at work at Com Super. Where more than one parent
works for ComSuper, they must both be at work at ComSuper on a day that a claim is made
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and only one claim per day for each child will be paid. The maximum allowance that may be
paid is $250 per Week per employee or employee couple.
54.3 An employee who is on Personal Leave due to their own injury or illness may still be
eligible for the allowance. A medical certificate will be required in support of a claim for the
allowance.
54.4 School holiday care is care provided by a service which is approved by the Department
of Families, Housing, Community Services and Indigenous Affairs to receive Child Care
Benefit payments.
54.5 Employees employed on a short term non-ongoing basis will not have access to the
allowance.
Defence Enterprise Agreement
Relocation on retirement
H6.1 This provision is limited to those employees who retire, are retired, or who die shortly
after accepting an inter-city relocation, which was as a result of an organisational element of
Defence being relocated. In such circumstances, the Secretary may approve a request for
reimbursement of reasonable removal and transport expenses associated with returning the
employee and/or their spouse/partner/dependants to another locality. These provisions do not
operate to provide all employees with a retirement/death benefit, and applications made in
respect of otherwise eligible employees should be limited to:
a. compassionate grounds, such as employees who die within five years of their
relocation, where surviving dependants would be left without the support of
immediate family or close friends;
b. employees who retire within five years of a relocation, where such a provision was
provided for in that relocation package; or
c. situations in which, within five years of relocation, suitable work is no longer
available to the employee.
Australian Customs and Border Protection Service Enterprise Agreement
• Shoe and stocking allowance: $125.83 per annum
• Clothing allowance:
$711 per annum
• Employees may be reimbursed additional costs up to a maximum of $500 per annum
in accordance with the “Domestic Care Support Scheme.”
[Executive Level 1 officers]:
• Airline lounge membership if the employee is required to conduct any travel for
official purposes (limited to one airline)
• Business class travel for any flights over 2 hours’ duration.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
[Executive Level 2 officers]:
• All receive an annual ‘contact allowance’ in recognition that they may be called
outside of normal work hours.
• Can home garage of a Commonwealth vehicle (where one is available and
operationally necessary).
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• Entitlement to park at work where they elect not to home garage a Commonwealth
vehicle.
• Business class travel for any flights over 2 hours’ duration – OR – they may elect to
take an economy class flight “downgrade” and receive a second economy class ticket
so their spouse/partner can accompany them; providing any pricing gap is met by the
employee.
• Airline lounge membership if the employee is required to conduct any travel for
official purposes.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
Clauses that restrict operational decision-making
14. In addition to generous terms and conditions, many public sector agreements contain
provisions that make it difficult for agencies to respond to changing government and
community priorities.
a. One Department reports that, due to a requirement in their enterprise agreement that
any change to working patterns be with the agreement of the employee, they were
unable to change shift rosters for 12 months, even when the work those employees
were employed to do was no longer available.
b. The Department of Human Services agreement provides lengthy provisions on
negotiation of working hours. There are also lengthy provisions on consultation,
including provisions that dictate how consultation will occur. (see Attachment A).
c. The Australian Taxation Office Enterprise Agreement limits the ability of the ATO
even to move its employees to a new office within the same city. This has been
included in the agreement even though section 25 of the Public Service Act allows
Agency Head’s the unilateral power to determine the place or places that an APS
employee will perform their duties.
112.2 To the fullest extent practicable the movement of employees will be on a voluntary
basis.
112.3 Hardship factors will be considered in selecting employees to move. Where the ATO
finds that the relocation would cause hardship for an employee, the ATO, as far as
reasonably practicable, will seek alternatives to relocation.
…
For moves between suburbs (including their immediate surrounds) or between the CBD and
a suburb, employees will be given at least one month’s notice of the need for them to move
unless the employees and the delegate agree to a shorter or longer period.
112.5 If significant relocation costs are likely to be incurred, the employee will be entitled to
one-off payment upon taking up duty in the new building;
a) for employees at or below the APS 3 level - $1047 (and $1068 from 21 June 2012,
$1079 from 3 January 2013, and $1101 from 20 June 2013),
b) for employees at or above the APS 4 level $696 (and $710 from 21 June 2012,
$717 from 3 January 2013, and $731 from 20 June 2013).
…
112.6 Managers may allow employees up to 3 days leave where this is necessary to arrange
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personal matters associated with the move.
15. Some enterprise agreements even dictate the times at which meetings can be scheduled. An
example from the IP Australia agreement:
To assist employees to balance their work and family responsibilities, as a general principle
meetings will be scheduled to start no earlier than 9.30 am and finish by 5.00 pm.
To assist IP Australia employees meet their personal responsibilities all meetings are to be
scheduled to meet the needs of the participants. Wherever possible meetings will not
commence before 9:00am and will conclude by 5:00pm, unless otherwise agreed.
16. Some APS enterprise agreements also contain arrangements that purport to restrict the use of
non-ongoing employment. For example:
Screen Australia may engage employees as fixed term employees where:
a) the specific job performed by the employee is not required to be performed on an
ongoing basis, and is associated with fixed term programs and projects;
b) the skills and experience required are either:
a. for specified periods of time; or
b. for specified tasks; or
c) industry sourced skills and experiences are required and there is an assumption that
employees will return to that industry.
Clauses that use a lot of words to say nothing of substance
17. Many APS enterprise agreements are not well-drafted. However, some have been drafted in
such a way as to make it difficult for employees or managers to understand what, if any,
entitlements they provide. For example, from the Defence Enterprise Agreement:
A2.1 To allow flexibility in decision-making, this Agreement provides a principles-based
decision making framework. The following principles underpin all provisions in this
Agreement:
a. assisting employees to balance their work and private commitments;
b. providing a safe, secure and fair environment;
c. making the most efficient use of resources and supporting sustainable
environmental management;
d. respecting and valuing diversity;
e. preventing discrimination;
f. ensuring freedom of association; and
g. behaving honestly.
A2.2 Procedural fairness is to be observed in all employment decisions, so that:
a. employees are given an opportunity to be heard and promptly advised of the
decision;
b. those hearing an employee are unbiased;
c. any decision regarding the employee is based on sufficient evidence to support the
decision; and
d. confidentiality and privacy is observed except where it would be inappropriate to
do so.
A2.3 While principles-based decision-making provides flexibility, it still requires the
application of the Defence values and APS Values in the decision-making process. The APS
Values, set out in section 10(1) of the PS Act, have evolved to reflect the greater flexibility,
efficiency and business practices required by today’s organisation. They not only shape an
ethical and productive workplace culture – they also define our legal commitment to both the
81
government and the people we serve. The APS Values recognise this can only be achieved
through trust, rather than increased procedure. Employees must, in turn, recognise that this
level of trust comes with increased responsibility, and that any breach of the APS
Values, or of the APS Code of Conduct, may result in serious penalty, or even dismissal, for
those responsible.
Defence values – PLICIT
A2.4 Defence has a framework of values that reflects the long traditions and distinctive
identities of the three Services and the APS. They underpin our corporate culture and
contribute to achieving organisational goals. The Defence values – Professionalism, Loyalty,
Integrity, Courage, Innovation and Teamwork (PLICIT) – have been formulated as a unifying
factor across all facets of Defence. The Defence values work alongside the APS Values and
the values of each of the single Services. They form the basis of the behaviours expected of all
our people and leaders (both APS and ADF) in Defence.
Guaranteed facilities for union delegates
18. Most APS agreements contain prescriptive arrangements which guarantee union delegates
access to use workplace facilities, infrastructure, technology and resources for the purposes of
carrying out their role with their union. The common arrangement included in many EAs is at
Attachment A.
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Attachment A
Department of Human Services agreement
A1 NEGOTIATION OF WORKING HOURS
A1.1 An employee and their direct supervisor will together design and reach agreement on the
employee’s working hours, genuinely negotiating where necessary. These working hours may
take the form of a pattern of ordinary hours of duty or a regular hours agreement.
A1.2 In designing or negotiating a pattern of ordinary hours or regular hours agreement, the direct
supervisor will make all reasonable efforts to accommodate an employee’s requests.
A1.3 A regular hours agreement may be requested by an employee and, if approved, will apply for
a specified period of 12 months unless a shorter period is requested by the employee.
A1.4 An employee who requests a regular hours agreement will be advised in writing of the
outcome of their request. Agreements will be jointly reviewed at the end of the period.
Processes
A1.5 In designing or negotiating a pattern of ordinary hours or regular hours agreement, the direct
supervisor and employee will take into account a balance of:
(a)
the employee’s needs and preferences; and
(b)
the capacity and needs of a team, workplace, or business line to meet its internal or
external service delivery requirements.
A1.6 A regular hours agreement will include start and finish times and lunch times.
A1.7 Where requested by the employee, a regular hours agreement will be designed to include one
or more planned day(s) off in a settlement period.
A1.8 Where a direct supervisor cannot accommodate an employee’s request in respect of a pattern
of ordinary hours or a regular hours agreement, the direct supervisor will:
(a)
discuss the reasons for the decision with the employee; and
(b)
provide written reasons for the decision, if requested by the employee.
A1.9 Where an employee and their direct supervisor cannot reach agreement on a pattern of
ordinary hours or a regular hours agreement, the employee will continue to work in
accordance with their existing pattern of ordinary hours or regular hours agreement until the
end of the current settlement period.
A1.10 At the end of the current settlement period, if agreement cannot be reached, the employee may
choose:
(a)
to work in accordance with a default regular hours option; or
(b)
to continue their existing pattern of ordinary hours or regular hours agreement for
a further settlement period, after which time the employee will work in accordance
with a default regular hours option.
A1.11 Default regular hours (for a full time employee) will apply in accordance with the options
listed below that the Secretary determines best suits the work area:
(a)
8.30am to 5.00pm with 60 minute lunch break.
(b)
commencement 15 minutes before the opening time of the workplace or 7.45am
(whichever is the later), with a lunch break of 30, 45 or 60 minutes; or
83
(c)
finish 15 minutes after close of a customer contact period or 5.15pm (whichever is
the earlier), with a lunch break of 30, 45 or 60 minutes.
Variations on negotiated hours
A1.1 Employees will have at least four weeks notice for a change in arrangements unless the
employee agrees to a lesser timeframe.
A1.2 An employee may request changes to their pattern of ordinary hours or regular hours
agreement at any stage.
A1.3 The regular hours agreement may be varied, by agreement, between the Secretary and the
employee.
A1.4 The employee and their supervisor will meet and discuss the regular hours arrangements a
month before the end date of the current regular hours agreement to enable discussion on
continuing the regular hours agreement for a further 12 months or to negotiate new regular
hours arrangements.
A2 ROSTERS
A2.1 Rostering of some employees is essential to the department’s primary function of quality
service delivery. The department seeks to balance flexibility and certainty for employees and
business areas, to assist in the design of quality jobs, a better work/life balance and a healthy
and safe work environment.
A2.2 The department will, in consultation with employees and their representatives, develop and
agree a policy for rostering. This policy will include mechanisms to balance flexibility and
certainty for employees including adequate breaks.
Principles
A2.3 Rosters are designed through a process of genuine negotiation between an employee and their
team leader/manager, taking into account the agreed pattern of hours.
A2.4 Rosters will provide employees with adequate time to prepare for the day and pack up at the
end of the day, meet and plan, undertake necessary reading, participate in training and other
development activities, prepare for the introduction of changes, and include adequate breaks.
A2.5 Employees and managers are encouraged to apply local, flexible work practices where
possible to meet employee’s short term or ad hoc work/life balance needs. Managers will
make all reasonable efforts to accommodate those requests.
Application
A2.6 This clause
Error! Reference source not found. will apply to:
(a)
workplaces or business lines (or parts thereof) that, on commencement of this
Agreement, operate on a rostered basis; and
(b)
other workplaces or business lines where the Secretary determines, in consultation
with affected employees and their representatives (under clau
se A4) will operate
on a rostered basis.
A2.7 All rostered environments as described in
Error! Reference source not found. will, at a
minimum, include provision of:
(a)
planned leave including flex time or planned days off;
(b)
start and finish times;
(c)
timing and duration of lunch and tea breaks;
84
(d)
preparation and pack up time totalling 15 minutes in a single day;
(e)
a 5 minute break after each 60 minute continuous period of screen/telephony-
based work where they are rostered to continue to perform that work for at least a
further 15 minutes. The five minute screen-based equipment break will be used to
perform other work related activities including appropriate health and well-being
activities. This time may form part of a tea break.
A2.8 The manner in which these are reflected in rosters will depend upon the rostering tool(s) used
in each business area.
A2.9 In locations where cash counting occurs, preparation and pack up time will be increased to 15
minutes preparation time and 15 minutes pack up time.
A2.10 Where rosters are generated according to national business parameters, those rosters may also
include scheduled activities and duration of those activities including:
(a)
face to face customer service;
(b)
telephone and telephone support activities;
(c)
follow-up and processing activities
(d)
training (national and local);
(e)
learning and development (in blocks of at least 30 minutes);
(f)
team and one-to-one meetings; and/or
(g)
other approved roles (such as HCO or HSR duties).
Processes
A2.11 Rosters will apply for four week periods and may be negotiated up to 12 weeks in advance.
A2.12 There are three phases in the development of rosters
(a)
identification of an employee’s working hours preferences including agreed
pattern of hours arrangements;
(b)
development of draft rosters, and initial negotiation. During the initial negotiation
phase, employees may genuinely negotiate changes with their supervisor; and
(c)
distribution of final rosters and adjustments to final rosters subject to
Error!
Reference source not found.,
Error! Reference source not found. and
Error!
Reference source not found..
A2.13 An employee may request changes to their roster (including scheduled activities outlined in
subclause
Error! Reference source not found.) at any stage.
A2.14 Employees are encouraged to manage their own ad hoc changes to their roster by swapping
with other employees. Agreement by the manager will not be unreasonably refused. Swaps of
scheduled activities should not reduce overall task variety for employees during the roster
period.
A2.15 Where the department needs to change rosters due to operational requirements that were
unforeseen prior to finalising the roster, the need for changes will be discussed with affected
employees at the earliest opportunity. Genuine negotiation of rosters will explore options to
meet the operational requirements and give employees reasonable notice of changes to
working hours.
A2.16 Subject to subclause
Error! Reference source not found., where changes to start or finish
times are not agreed between an employee and their supervisor, and where notice of changes
of at least 14 calendar days cannot be provided, the employee will be entitled to overtime
85
payments for hours that are worked before their previously agreed start time, or after their
previously agreed finish time.
A2.17 In the event that the department, or a workplace or business line within the department, needs
to make variations to rostering or scheduling practices, the Secretary will consult with
potentially affected employees and their representatives prior to implementing changes to
those practices.
A3 HOURS OF SERVICE DELIVERY
A3.1 The Secretary may determine hours of service delivery that will apply across the department,
or in areas of the department.
A3.2 The department may vary the hours of service delivery to meet customer demand.
A3.3 If the department needs to vary hours of service delivery or establish new or varied customer
service arrangements, and this variation will impact on the hours of duty worked by
employees, the Secretary will communicate the business need and consult with potentially
affected employees and their representatives, prior to implementing a change in service
delivery hours, in accordance with claus
e A4 of this Agreement. In conducting consultation,
the Secretary will consult on matters including, but not limited to:
(a)
staffing levels, and impacts on service levels;
(b)
security and occupational health and safety;
(c)
hours of duty, including rosters, regular hours arrangements and patterns of
ordinary hours;
(d)
child care availability, proximity, suitability and costs;
(e)
availability, safety and proximity of public transport and parking; and
(f)
other options to assist existing staff manage changed hours, including recruitment
of staff to work changed hours.
A3.4 Where the Secretary establishes new or varied service delivery hours, the Secretary will not:
(a)
design an employee’s pattern of attendance to include hours outside the
bandwidth;
(b)
compel an employee to work on public holidays; or
(c)
place an employee in a 12-hour shift arrangement;
without the employee’s consent.
A3.1 The department will not roster staff to perform external customer contact duties, other than
normal 24 hour / 7 day services, on the Saturday after Good Friday or any Saturdays that fall
within the department’s reduced activity period set out in clause
Error! Reference source
not found..
A4 CONSULTATION
A4.1 The department respects the principles of freedom of association and recognises that it is
every employee’s right to freely decide whether or not to join and be represented by a union
in workplace matters.
A4.2 Consultation means providing employees and their representatives with a bona fide
opportunity to influence a decision-maker prior to a decision being made (where possible),
and prior to the implementation of changes.
86
A4.3 The Secretary will consult with potentially affected employees and their representatives in
accordance with this clau
se A4:
(a)
on the introduction of major changes (or proposed major changes) referred to in
subclau
ses A4.4 a
nd A4.5; and
(b)
on other workplace changes that will have an effect on employees referred to in
subclau
se A4.6.
Major Change
A4.4 Where a decision is made to introduce major changes in program, organisation, structure or
technology that are likely to have a significant effect on employees, the Secretary must notify
the employees who are likely to be affected by the proposed changes, and their
representatives.
A4.5 Significant effects include (but are not limited to):
(a)
termination of employment;
(b)
major changes in composition, operation or size of the department’s workforce or
in the skills required;
(c)
the elimination or diminution of job opportunities, promotion opportunities or job
tenure;
(d)
alteration in hours of work;
(e)
the need to retrain employees;
(f)
the need to relocate employees to another workplace; and
(g)
the restructuring of jobs.
Other workplace changes
A4.6 Where a workplace change that is likely to have an effect on employees (but is not a major
change) is proposed, the Secretary will notify potentially affected employees and their
representatives.
Timing of consultation
A4.7 Where a decision is made by Government, or is made outside the department, consultation
with employees prior to making the decision may not be practicable. In such cases,
consultation under this clause
A4 regarding the implementation of the decision will occur as
early as is reasonably practicable.
A4.8 In other cases, consultation with employees under this clau
se A4 will occur as early as
possible prior to making a decision.
Process
A4.9 The Secretary must consult with the employees affected and their representatives, by:
(a)
discussing the introduction of the major change or other workplace change;
(b)
discussing the effects the change is likely to have on employees and measures to
avert or mitigate the adverse effects of such changes on employees;
(c)
seeking the feedback and input of affected employees and their representatives,
about the changes or proposed changes; and
(d)
giving prompt consideration to feedback or input raised by the employees and their
representatives, in relation to the changes or proposed changes.
87
A4.10 Depending on the issue for consultation and the relevant workplace or workplaces,
consultation may be general or specific, and may take the form of discussions, surveys,
working groups, project teams, consultation meetings, other co-design approaches and/or the
opportunity to make verbal or written comments.
A4.11 Local managers will consult with their employees and their representatives on local
workplace changes. Consultative arrangements may be formal or informal (for example,
standing agenda items for team meetings, committees in larger workplaces, or informal
meetings with local managers in smaller worksites). Issues raised at the local level may be
referred to a more senior manager.
A4.12 For the purpose of the discussions under subclause
A4.9 a
nd A4.10, the employees concerned
and their representatives are to be provided in writing all relevant information about the
changes or proposed changes, including the nature of the changes proposed, the expected
effects of the changes on employees and any other matters likely to affect employees.
A4.13 The Secretary is not required to disclose confidential or commercially sensitive information to
the employees or their representatives.
A4.14 The Secretary will advise employees and their representatives about how their feedback or
input was considered in the decision-making and/or implementation process, as relevant. This
advice will be provided in writing, if requested.
Committees
A4.15 The department will establish consultative committees to consult with unions about workplace
changes at the service zone level or national level.
A4.16 Service Zone Committees (including a National Office Committee), consisting of three
management representatives and three union representatives, will meet at least three times per
year and will deal with proposed changes within the Service Zone and implementation of
Government decisions as they apply to the Service Zone. The Service Zone Committee may
escalate relevant issues to the National Consultative Committee (NCC) or a subcommittee of
the NCC.
A4.17 The NCC will consist of four management and four union representatives, will meet quarterly,
and will deal with proposed changes within the department, and implementation of
Government decisions as they apply to the department. The NCC may establish
subcommittees on an as needs basis to deal with issues that require specific attention.
Principles relating to workplace delegates – Majority of APS Agreements
The role of union workplace delegates and other elected union representatives is to be respected and
facilitated.
Agencies and union workplace delegates must deal with each other in good faith.
In discharging their representative roles at the workplace level, the rights of union workplace
delegates include but are not limited to:
•
The right to be treated fairly and to perform their role as workplace delegates without any
discrimination in their employment;
•
Recognition by the agency that endorsed workplace delegates speak on behalf of their
members in the workplace;
•
The right to participate in collective bargaining on behalf of those whom they represent, as
per the Fair Work Act
•
The right to reasonable paid time to provide information to and seek feedback from
employees in the workplace on workplace relations matters at the agency during normal
working hours;
88
•
The right to email employees in their workplace to provide information and seek feedback,
subject to individual employees exercising a right to ‘opt out’;
•
Undertaking their role and having union representation on an agency’s workplace relations
consultative committee;
•
Reasonable access to agency facilities (including telephone, facsimile, photocopying, internet
and email facilities, meeting rooms, lunch rooms, tea rooms and other areas where employees
meet) for the purpose of carrying out work as a delegate and consulting with members and
other interested employees and the union, subject to agency policies and protocols;
•
The right to address new employees about union membership at the time they enter
employment;
•
The right to consultation, and access to relevant information about the workplace and the
agency; and
•
The right to reasonable paid time to represent the interests of members to the employer and
industrial tribunals.
In discharging any roles that may involve undertaking union business, the rights of union workplace
delegates include but are not limited to:
•
Reasonable paid time during normal working hours to consult with other delegates and union
officials in the workplace, and receive advice and assistance from union staff and officials in
the workplace;
•
Reasonable access to appropriate training in workplace relations matters including training
provided by a union;
•
Reasonable paid time off to represent union members in the agency at relevant union forums.
In exercising their rights, workplace delegates and unions will consider operational issues,
departmental policies and guidelines and the likely affect on the efficient operation of the agency and
the provision of services by the Commonwealth.
For the avoidance of doubt, elected union representatives include APS employees elected to represent
union members in representative forums, including, for example, CPSU Section Secretaries,
Governing Councillors and Section Councillors, and APESMA Government Division Committee
members.
89
FOI
From:
s. 47F
Sent:
Thursday, 9 April 2015 10:44 AM
To:
s. 47F
Subject:
FW: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Attachments:
Examples of soft arrangements in Cth enterprise agreements.docx
Sensitive
Hi
Helen has asked for some examples of “soft” agreement content for the Commissioner’s article – in addition to
what’s in the attached, are there any other clangers that come to mind immediately?
s. 47F
From: s. 47F
Sent: Wednesday, 8 April 2015 5:40 PM
To: s. 47F
Subject: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Hi s. 47F
I’ve put the attached together.
The included clauses are by no means the only examples.
Happy to add more if required.
Thanks
s. 47F
s. 47F
Assistant Director, Workplace Relations Policy
Workplace Relations Group
Australian Public Service Commission Level 6, Aviation House, 16 Furzer Street, PHILLIP ACT 2606
P: s. 47F
l F: s. 47F
l E:s. 47F
1
90
EXAMPLES OF ‘SOFT’ ARRANGEMENTS IN COMMONWEALTH
ENTERPRISE AGREEMENTS
Examples of generous leave entitlements
Personal/Carer’s Leave
The bulk of APS employees receive 15 to 18 days per annum, accruable. Some agencies have more
generous arrangements than this:
• Department of Infrastructure:
25 days per annum, accruable
• Attorney-General’s Department:
22 days per annum, accruable
• 13 APS Agencies (incl. 2 Departments): 20 days per annum, accruable
Community Service Volunteer Leave
• Some agencies provide their employees up to 5 days’ paid leave per annum (non-accruable)
to conduct volunteer work with a community organisation, provided they do not accept
payment from that organisation.
Miscellaneous Leave
• The CSIRO provides its employees with 4 days paid miscellaneous leave per annum,
accruable to a cap of 15 days. Employees may request to take these days whenever they wish
to and managers are not allowed to refuse reasonable requests to access this leave.
• Several agencies provide one day of paid leave per annum (non-accruable) to employees for
the purposes of moving house. i.e. employees are not expected to access their annual leave or
flex leave instead.
Restrictions on meeting times
National Film and Sound Archive Enterprise Agreement
To assist employees to balance their work and family responsibilities, as a general principle
meetings will be scheduled to start no earlier than 9.30 am and finish by 5.00 pm.
IP Australia Enterprise Agreement
To assist IP Australia employees meet their personal responsibilities all meetings are to be
scheduled to meet the needs of the participants. Wherever possible meetings will not
commence before 9:00am and will conclude by 5:00pm, unless otherwise agreed.
Atypical allowances and other special payments
1. National Archives of Australia Enterprise Agreement
[For domestic and international travel]
Upon the presentation of receipts, an employee will be reimbursed for reasonable
additional costs for alternate care purposes and pet accommodation costs incurred
as a direct consequence of their travel on official duty.
93
If the number of days without supporting evidence exceeds ten days in any accrual year, the
Director (delegate) may require the employee to provide evidence for any further short
absences for that accrual year. The Director (delegate) must inform the employee in advance
in writing of any requirement for supporting evidence for short absences.
Guaranteed facilities for union delegates
Most EAs contain prescriptive (and potentially onerous) arrangements which guarantee union
delegates access to use workplace facilities, infrastructure, technology and resources for the purposes
of carrying out their role with their union. The common arrangement included in many EAs is at
Attachment A.
94
Attachment A
Principles relating to workplace delegates
The role of union workplace delegates and other elected union representatives is to be respected and
facilitated.
Agencies and union workplace delegates must deal with each other in good faith.
In discharging their representative roles at the workplace level, the rights of union workplace
delegates include but are not limited to:
•
The right to be treated fairly and to perform their role as workplace delegates without any
discrimination in their employment;
•
Recognition by the agency that endorsed workplace delegates speak on behalf of their
members in the workplace;
•
The right to participate in collective bargaining on behalf of those whom they represent, as
per the Fair Work Act
•
The right to reasonable paid time to provide information to and seek feedback from
employees in the workplace on workplace relations matters at the agency during normal
working hours;
•
The right to email employees in their workplace to provide information and seek feedback,
subject to individual employees exercising a right to ‘opt out’;
•
Undertaking their role and having union representation on an agency’s workplace relations
consultative committee;
•
Reasonable access to agency facilities (including telephone, facsimile, photocopying, internet
and email facilities, meeting rooms, lunch rooms, tea rooms and other areas where employees
meet) for the purpose of carrying out work as a delegate and consulting with members and
other interested employees and the union, subject to agency policies and protocols;
•
The right to address new employees about union membership at the time they enter
employment;
•
The right to consultation, and access to relevant information about the workplace and the
agency; and
•
The right to reasonable paid time to represent the interests of members to the employer and
industrial tribunals.
In discharging any roles that may involve undertaking union business, the rights of union workplace
delegates include but are not limited to:
•
Reasonable paid time during normal working hours to consult with other delegates and union
officials in the workplace, and receive advice and assistance from union staff and officials in
the workplace;
•
Reasonable access to appropriate training in workplace relations matters including training
provided by a union;
•
Reasonable paid time off to represent union members in the agency at relevant union forums.
In exercising their rights, workplace delegates and unions will consider operational issues,
departmental policies and guidelines and the likely affect on the efficient operation of the agency and
the provision of services by the Commonwealth.
For the avoidance of doubt, elected union representatives include APS employees elected to represent
union members in representative forums, including, for example, CPSU Section Secretaries,
Governing Councillors and Section Councillors, and APESMA Government Division Committee
members.
95
FOI
From:
s. 47F
Sent:
Wednesday, 8 April 2015 10:51 AM
To:
s. 47F
Subject:
RE: Commissioner's article - examples [SEC=UNCLASSIFIED]
Most certainly.
From: s. 47F
Sent: Wednesday, 8 April 2015 10:38 AM
To: s. 47F
Subject: Commissioner's article - examples [SEC=UNCLASSIFIED]
Hi s. 47F
Could you please pull together (I know you’ve already got some from previous work) some examples of the more
outrageous terms and conditions in public sector EAs?
The Commissioner wants to write an article about “soft” agreements.
I don’t believe he wants us to draft the article, but we can give him some themes and examples. I thought you might
have some obvious ones from the last week or so – pet accommodation; most of the CSIRO agreement; most of the
ATO agreement…some of the more generous personal/carers leave provisions.
Thanks,
s. 47F
l Director Workplace Relations Policy
Workplace Relations Group Australian Public Service Commission
Level 6, Aviation House, 16 Furzer Street, PHILLIP ACT 2606
P: s. 47F
l
E: s. 47F
l
W: www.apsc.gov.au
1
96
FOI
From:
s. 47F
Sent:
Thursday, 9 April 2015 12:07 PM
To:
s. 47F
Subject:
RE: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
I offer you this gem from Defence:
H6 Relocation on retirement
H6.1 This provision is limited to those employees who retire, are retired, or who die shortly after
accepting an inter‐city relocation, which was as a result of an organisational element of Defence being
relocated. In such circumstances, the Secretary may approve a request for reimbursement of reasonable
removal and transport expenses associated with returning the employee and/or their
spouse/partner/dependants to another locality. These provisions do not operate to provide all employees
with a retirement/death benefit, and applications made in respect of otherwise eligible employees should
be limited to:
a. compassionate grounds, such as employees who die within five years of their relocation, where
surviving dependants would be left without the support of immediate family or close friends;
b. employees who retire within five years of a relocation, where such a provision was provided for in
that relocation package; or
c. situations in which, within five years of relocation, suitable work is no longer available to the
employee.
From: s. 47F
Sent: Thursday, 9 April 2015 11:57 AM
To: s. 47F
Subject: RE: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Omg airconditioning.
1
97
Thank you, these need to be included!
From: s. 47F
Sent: Thursday, 9 April 2015 11:57 AM
To: s. 47F
Subject: RE: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Hi s. 47F
The ATO s provisions around intra‐city moves are pre y so while there is some discre on in them, the fact they
exist at all is problematic:
112. Permanent relocation of employees between offices
Intra‐city Transfers
112.1 Employees and their representatives will be consulted at the earliest practicable stage
regarding any ATO initiated proposal to permanently move employees between buildings in
the same city.
112.2 To the fullest extent practicable the movement of employees will be on a voluntary basis.
112.3 Hardship factors will be considered in selecting employees to move. Where the ATO finds
that the relocation would cause hardship for an employee, the ATO, as far as reasonably
practicable, will seek alternatives to relocation.
For the purposes of this clause the hardship factors to be considered may include, but are
not limited to:
a) Personal circumstances such as caring responsibilities
b) Medical issues
c) Issues arising from a spouse s employment
d) Reasonable travel time
2
98
e) Additional costs or financial commitments
f) Education/training commitments
g) Problems in a prior location
h) Childcare arrangements
112.4 Where the move is within a central business district (CBD) or within a suburb, (including its
immediate surrounds) employees will be given as much notice as is reasonably practicable
of the need to move.
For moves between suburbs (including their immediate surrounds) or between the CBD and
a suburb, employees will be given at least one month s no ce of the need for them to move
unless the employees and the delegate agree to a shorter or longer period
Where the factors that give rise to hardship are of a temporary nature the delegate will
consider a longer period of notice of the need to move.
112.5 If significant relocation costs are likely to be incurred, the employee will be entitled to one‐off
payment upon taking up duty in the new building;
a) for employees at or below the APS 3 level ‐ $1047 (and $1068 from 21 June 2012,
$1079 from 3 January 2013, and $1101 from 20 June 2013),
b) for employees at or above the APS 4 level $696 (and $710 from 21 June 2012, $717 from 3 January 2013, and
$731 from 20 June 2013).
For the purpose of this clause the employee s level is their actual classifica on level at the
date of the move.
112.6 Managers may allow employees up to 3 days leave where this is necessary to arrange
3
99
personal matters associated with the move.
112.7 It is not expected that significant relocation costs would be incurred or leave required where
the move is within a CBD or suburb. However, each case will be considered on its merits
and the provisions of sub‐clauses 112.5 and 112.6 are not precluded where it is clearly
demonstrated that significant relocation costs are likely to be incurred and/or leave is
required.
They also have a number of clauses on WHS issues, including this one, which places requirements on the ATO to
provide info to committees:
128. Procedures for air‐conditioned workplaces
128.1 Site Safety Forums will be provided with advice on the testing and maintenance of air
conditioning systems.
This advice will be in the form of a report that will detail the regular program of testing.
128.2 Should the testing for bacteria counts be outside the relevant standard the ATO will comply
with Comcare Fact Sheet N
o 40 Legionnaires disease December 2001 (or its successor)
which allows for further testing and for the provision of advice.
128.3 Health and safety representatives will, upon request, be provided with information
BOM is also a gold mine for so provisions this is one where they set up JCC when they are going through major
change
if the JCC can t reach agreement it goes through to the Fair Work Commission:
47.4 As part of the consultative process under clause 47, and where change
proposals are sufficiently substantial to warrant it, the Bureau will establish a
4
100
Joint Consultative Committee (JCC) including making arrangements for the
participation and funding of employee representatives.
47.4.1 The JCC shall comprise relevant representatives of the parties to this
Agreement. The JCC may determine to invite other parties, or individuals,
to participate on the JCC for a specific issue or period of time. The
Bureau will resource employee members of the JCC by providing paid
time off to participate at and prepare for JCC meetings and where
appropriate, cover costs of travel and accommodation.
47.4.2 In the event the JCC is unable to reach agreement on a particular
proposal or issue, any party to this Agreement can refer the matter for
resolution through clause 49 Dispute Resolution Procedures. In this
circumstance the preliminary steps before referral of a matter to Fair Work
Australia outlined in sub clause 49.3, will be deemed to have occurred.
And just one from BOM that just highlights agreements contain pointless statements:
The Bureau and its employees agree that they will strive to promote and
maintain a safe workplace and work environment, one that is safe and
without risk to health.
s. 47F
From:s. 47F
Sent: Thursday, 9 April 2015 10:44 AM
To: s. 47F
Subject: FW: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
5
101
Hi
Helen has asked for some examples of so agreement content for the Commissioner s ar cle
in addi on to
what s in the a ached, are there any other clangers that come to mind immediately?
s. 47F
From: s. 47F
Sent: Wednesday, 8 April 2015 5:40 PM
To: s. 47F
Subject: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Hi s. 47F
Ive put the a ached together.
The included clauses are by no means the only examples.
Happy to add more if required.
Thanks
s. 47F
s. 47F
Assistant Director, Workplace Relations Policy
6
102
Workplace Relations Group
Australian Public Service Commission
Level 6, Aviation House, 16 Furzer Street, PHILLIP ACT 2606
P: s. 47F
l F: s. 47F
l E:s. 47F
7
103
FOI
From:
s. 47F
Sent:
Thursday, 9 April 2015 11:57 AM
To:
s. 47F
Subject:
RE: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Omg airconditioning.
Thank you, these need to be included!
From: s. 47F
Sent: Thursday, 9 April 2015 11:57 AM
To: s. 47F
Subject: RE: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Hi s. 47F
The ATO’s provisions around intra‐city moves are pretty soft – while there is some discretion in them, the fact they
exist at all is problematic:
112. Permanent relocation of employees between offices
Intra‐city Transfers
112.1 Employees and their representatives will be consulted at the earliest practicable stage
regarding any ATO initiated proposal to permanently move employees between buildings in
the same city.
112.2 To the fullest extent practicable the movement of employees will be on a voluntary basis.
112.3 Hardship factors will be considered in selecting employees to move. Where the ATO finds
that the relocation would cause hardship for an employee, the ATO, as far as reasonably
1
104
practicable, will seek alternatives to relocation.
For the purposes of this clause the hardship factors to be considered may include, but are
not limited to:
a) Personal circumstances such as caring responsibilities
b) Medical issues
c) Issues arising from a spouse’s employment
d) Reasonable travel time
e) Additional costs or financial commitments
f) Education/training commitments
g) Problems in a prior location
h) Childcare arrangements
112.4 Where the move is within a central business district (CBD) or within a suburb, (including its
immediate surrounds) employees will be given as much notice as is reasonably practicable
of the need to move.
For moves between suburbs (including their immediate surrounds) or between the CBD and
a suburb, employees will be given at least one month’s notice of the need for them to move
unless the employees and the delegate agree to a shorter or longer period
Where the factors that give rise to hardship are of a temporary nature the delegate will
consider a longer period of notice of the need to move.
112.5 If significant relocation costs are likely to be incurred, the employee will be entitled to one‐off
payment upon taking up duty in the new building;
a) for employees at or below the APS 3 level ‐ $1047 (and $1068 from 21 June 2012,
$1079 from 3 January 2013, and $1101 from 20 June 2013),
2
105
b) for employees at or above the APS 4 level $696 (and $710 from 21 June 2012, $717 from 3 January 2013, and
$731 from 20 June 2013).
For the purpose of this clause the employee’s level is their actual classification level at the
date of the move.
112.6 Managers may allow employees up to 3 days leave where this is necessary to arrange
personal matters associated with the move.
112.7 It is not expected that significant relocation costs would be incurred or leave required where
the move is within a CBD or suburb. However, each case will be considered on its merits
and the provisions of sub‐clauses 112.5 and 112.6 are not precluded where it is clearly
demonstrated that significant relocation costs are likely to be incurred and/or leave is
required.
They also have a number of clauses on WHS issues, including this one, which places requirements on the ATO to
provide info to committees:
128. Procedures for air‐conditioned workplaces
128.1 Site Safety Forums will be provided with advice on the testing and maintenance of air
conditioning systems.
This advice will be in the form of a report that will detail the regular program of testing.
128.2 Should the testing for bacteria counts be outside the relevant standard the ATO will comply
with Comcare Fact Sheet No 40 – Legionnaires disease – December 2001 (or its successor)
which allows for further testing and for the provision of advice.
3
106
128.3 Health and safety representatives will, upon request, be provided with information
BOM is also a gold mine for soft provisions – this is one where they set up JCC when they are going through major
change – if the JCC can’t reach agreement it goes through to the Fair Work Commission:
47.4 As part of the consultative process under clause 47, and where change
proposals are sufficiently substantial to warrant it, the Bureau will establish a
Joint Consultative Committee (JCC) including making arrangements for the
participation and funding of employee representatives.
47.4.1 The JCC shall comprise relevant representatives of the parties to this
Agreement. The JCC may determine to invite other parties, or individuals,
to participate on the JCC for a specific issue or period of time. The
Bureau will resource employee members of the JCC by providing paid
time off to participate at and prepare for JCC meetings and where
appropriate, cover costs of travel and accommodation.
47.4.2 In the event the JCC is unable to reach agreement on a particular
proposal or issue, any party to this Agreement can refer the matter for
resolution through clause 49 Dispute Resolution Procedures. In this
circumstance the preliminary steps before referral of a matter to Fair Work
Australia outlined in sub clause 49.3, will be deemed to have occurred.
And just one from BOM that just highlights agreements contain pointless statements:
The Bureau and its employees agree that they will strive to promote and
maintain a safe workplace and work environment, one that is safe and
without risk to health.
4
107
s. 47F
From: s. 47F
Sent: Thursday, 9 April 2015 10:44 AM
To: s. 47F
Subject: FW: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Hi
Helen has asked for some examples of “soft” agreement content for the Commissioner’s article – in addition to
what’s in the attached, are there any other clangers that come to mind immediately?
s. 47F
From: s. 47F
Sent: Wednesday, 8 April 2015 5:40 PM
To: s. 47F
Subject: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Hi s. 47F
I’ve put the attached together.
The included clauses are by no means the only examples.
Happy to add more if required.
Thanks
s. 47F
5
108
s. 47F
Assistant Director, Workplace Relations Policy
Workplace Relations Group
Australian Public Service Commission
Level 6, Aviation House, 16 Furzer Street, PHILLIP ACT 2606
P: s. 47F
l F: s. 47F
l E: s. 47F
6
109
FOI
From:
s. 47F
Sent:
Thursday, 9 April 2015 12:11 PM
To:
s. 47F
Subject:
RE: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Or this:
A8 The Environment
Principle
A8.1 The activities undertaken by Defence have an impact on the environment, not least because
Defence is the Australian Government’s biggest user of energy. Defence and the unions are committed
to implementing practical measures, consistent with Government policy, to reduce Defence’s carbon
footprint, promote environmental sustainability, minimise the unnecessary consumption of resources and
reduce operational and administrative costs through a range of improved workplace practices.
Employees, as individuals and in groups, will make a positive contribution to improving Defence’s
environmental management. For its part, Defence is committed to being a leader in sustainable
environmental management and to providing the opportunity for employee contributions to environmental
management through its Environmental Management System (EMS). Defence is committed to
developing employment conditions that encourage environmental responsibility.
From: s. 47F
Sent: Thursday, 9 April 2015 11:57 AM
To s. 47F
Subject: RE: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Omg airconditioning.
Thank you, these need to be included!
1
110
From: s. 47F
Sent: Thursday, 9 April 2015 11:57 AM
To: s. 47F
Subject: RE: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Hi s. 47F
The ATO’s provisions around intra‐city moves are pretty soft – while there is some discretion in them, the fact they
exist at all is problematic:
112. Permanent relocation of employees between offices
Intra‐city Transfers
112.1 Employees and their representatives will be consulted at the earliest practicable stage
regarding any ATO initiated proposal to permanently move employees between buildings in
the same city.
112.2 To the fullest extent practicable the movement of employees will be on a voluntary basis.
112.3 Hardship factors will be considered in selecting employees to move. Where the ATO finds
that the relocation would cause hardship for an employee, the ATO, as far as reasonably
practicable, will seek alternatives to relocation.
For the purposes of this clause the hardship factors to be considered may include, but are
not limited to:
a) Personal circumstances such as caring responsibilities
b) Medical issues
c) Issues arising from a spouse’s employment
d) Reasonable travel time
e) Additional costs or financial commitments
f) Education/training commitments
2
111
g) Problems in a prior location
h) Childcare arrangements
112.4 Where the move is within a central business district (CBD) or within a suburb, (including its
immediate surrounds) employees will be given as much notice as is reasonably practicable
of the need to move.
For moves between suburbs (including their immediate surrounds) or between the CBD and
a suburb, employees will be given at least one month’s notice of the need for them to move
unless the employees and the delegate agree to a shorter or longer period
Where the factors that give rise to hardship are of a temporary nature the delegate will
consider a longer period of notice of the need to move.
112.5 If significant relocation costs are likely to be incurred, the employee will be entitled to one‐off
payment upon taking up duty in the new building;
a) for employees at or below the APS 3 level ‐ $1047 (and $1068 from 21 June 2012,
$1079 from 3 January 2013, and $1101 from 20 June 2013),
b) for employees at or above the APS 4 level $696 (and $710 from 21 June 2012, $717 from 3 January 2013, and
$731 from 20 June 2013).
For the purpose of this clause the employee’s level is their actual classification level at the
date of the move.
112.6 Managers may allow employees up to 3 days leave where this is necessary to arrange
personal matters associated with the move.
3
112
112.7 It is not expected that significant relocation costs would be incurred or leave required where
the move is within a CBD or suburb. However, each case will be considered on its merits
and the provisions of sub‐clauses 112.5 and 112.6 are not precluded where it is clearly
demonstrated that significant relocation costs are likely to be incurred and/or leave is
required.
They also have a number of clauses on WHS issues, including this one, which places requirements on the ATO to
provide info to committees:
128. Procedures for air‐conditioned workplaces
128.1 Site Safety Forums will be provided with advice on the testing and maintenance of air
conditioning systems.
This advice will be in the form of a report that will detail the regular program of testing.
128.2 Should the testing for bacteria counts be outside the relevant standard the ATO will comply
with Comcare Fact Sheet No 40 – Legionnaires disease – December 2001 (or its successor)
which allows for further testing and for the provision of advice.
128.3 Health and safety representatives will, upon request, be provided with information
BOM is also a gold mine for soft provisions – this is one where they set up JCC when they are going through major
change – if the JCC can’t reach agreement it goes through to the Fair Work Commission:
47.4 As part of the consultative process under clause 47, and where change
proposals are sufficiently substantial to warrant it, the Bureau will establish a
Joint Consultative Committee (JCC) including making arrangements for the
participation and funding of employee representatives.
4
113
47.4.1 The JCC shall comprise relevant representatives of the parties to this
Agreement. The JCC may determine to invite other parties, or individuals,
to participate on the JCC for a specific issue or period of time. The
Bureau will resource employee members of the JCC by providing paid
time off to participate at and prepare for JCC meetings and where
appropriate, cover costs of travel and accommodation.
47.4.2 In the event the JCC is unable to reach agreement on a particular
proposal or issue, any party to this Agreement can refer the matter for
resolution through clause 49 Dispute Resolution Procedures. In this
circumstance the preliminary steps before referral of a matter to Fair Work
Australia outlined in sub clause 49.3, will be deemed to have occurred.
And just one from BOM that just highlights agreements contain pointless statements:
The Bureau and its employees agree that they will strive to promote and
maintain a safe workplace and work environment, one that is safe and
without risk to health.
s. 47F
From:s. 47F
Sent: Thursday, 9 April 2015 10:44 AM
To: s. 47F
Subject: FW: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Hi
5
114
Helen has asked for some examples of “soft” agreement content for the Commissioner’s article – in addition to
what’s in the attached, are there any other clangers that come to mind immediately?
s. 47F
From: s. 47F
Sent: Wednesday, 8 April 2015 5:40 PM
To: Cs. 47F
Subject: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Hi s. 47F
I’ve put the attached together.
The included clauses are by no means the only examples.
Happy to add more if required.
Thanks
s. 47F
s. 47F
Assistant Director, Workplace Relations Policy
Workplace Relations Group
Australian Public Service Commission
6
115
Level 6, Aviation House, 16 Furzer Street, PHILLIP ACT 2606
P: s. 47F
l F: s. 47F
l E:s. 47F
7
116
FOI
From:
s. 47F
Sent:
Thursday, 9 April 2015 12:13 PM
To:
s. 47F
Subject:
RE: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
I ll stop picking on them a er this, but
here s my final contribu on from Defence:
C3 Implementation of organisational change
C3.1 Change Manager. A change manager is to be appointed to manage implementation of the
organisational change. The Secretary may appoint the change manager. Once appointed, the change
manager and their supervisor are to agree that a new KER be added to the performance agreement to
reflect the change manager's role and responsibility.
C3.2 Staff Transition Plan. The change manager is to develop a Staff Transition Plan in consultation
with affected employees and their representatives. The change manager should also engage at the
earliest opportunity with their Group HR Director and Redeployment and Redundancy Case Managers to
establish the level of support likely to be required in assisting employees affected by the change.
C3.3 The Staff Transi on Plan should be a living document which is issued in dra form as early as
possible in the change process, then progressively updated and re‐approved as additional information
becomes available.
A Staff Transition Plan must include:
a. an outline of why the change is occurring;
b. the principles for managing employees during the change management process;
c. the communication and consultation plan to be implemented during the organisational change
process, including opportunities for individual dialogue;
d. the roles and responsibilities of individuals tasked with action within the plan;
e. the sequence and timeframe of arrangements for managing the transition of employees from
existing to new organisational structures;
f. a detailed description of the support to be provided to affected employees, in accordance with
1
117
C3.6, including case management services and the points in the process when these services
are likely to become available, once the staff transition plan has been approved; and
g. whether and how other Groups and APS agencies will be consulted for assistance with
reassignment options.
C3.4 Where the change affects only a small number of employees, the amount of detail required in any
plans would be commensurate.
C3.5 The Secretary may approve the Staff Transition Plan. The Staff Transition Plan must not be
implemented without the approval of the Secretary.
From: s. 47F
Sent: Thursday, 9 April 2015 11:57 AM
To: s. 47F
Subject: RE: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Omg airconditioning.
Thank you, these need to be included!
From: s. 47F
Sent: Thursday, 9 April 2015 11:57 AM
To: s. 47F
Subject: RE: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Hi s. 47F
The ATO s provisions around intra‐city moves are pre y so while there is some discre on in them, the fact they
exist at all is problematic:
112. Permanent relocation of employees between offices
Intra‐city Transfers
2
118
112.1 Employees and their representatives will be consulted at the earliest practicable stage
regarding any ATO initiated proposal to permanently move employees between buildings in
the same city.
112.2 To the fullest extent practicable the movement of employees will be on a voluntary basis.
112.3 Hardship factors will be considered in selecting employees to move. Where the ATO finds
that the relocation would cause hardship for an employee, the ATO, as far as reasonably
practicable, will seek alternatives to relocation.
For the purposes of this clause the hardship factors to be considered may include, but are
not limited to:
a) Personal circumstances such as caring responsibilities
b) Medical issues
c) Issues arising from a spouse s employment
d) Reasonable travel time
e) Additional costs or financial commitments
f) Education/training commitments
g) Problems in a prior location
h) Childcare arrangements
112.4 Where the move is within a central business district (CBD) or within a suburb, (including its
immediate surrounds) employees will be given as much notice as is reasonably practicable
of the need to move.
For moves between suburbs (including their immediate surrounds) or between the CBD and
a suburb, employees will be given at least one month s no ce of the need for them to move
unless the employees and the delegate agree to a shorter or longer period
3
119
Where the factors that give rise to hardship are of a temporary nature the delegate will
consider a longer period of notice of the need to move.
112.5 If significant relocation costs are likely to be incurred, the employee will be entitled to one‐off
payment upon taking up duty in the new building;
a) for employees at or below the APS 3 level ‐ $1047 (and $1068 from 21 June 2012,
$1079 from 3 January 2013, and $1101 from 20 June 2013),
b) for employees at or above the APS 4 level $696 (and $710 from 21 June 2012, $717 from 3 January 2013, and
$731 from 20 June 2013).
For the purpose of this clause the employee s level is their actual classifica on level at the
date of the move.
112.6 Managers may allow employees up to 3 days leave where this is necessary to arrange
personal matters associated with the move.
112.7 It is not expected that significant relocation costs would be incurred or leave required where
the move is within a CBD or suburb. However, each case will be considered on its merits
and the provisions of sub‐clauses 112.5 and 112.6 are not precluded where it is clearly
demonstrated that significant relocation costs are likely to be incurred and/or leave is
required.
They also have a number of clauses on WHS issues, including this one, which places requirements on the ATO to
provide info to committees:
128. Procedures for air‐conditioned workplaces
128.1 Site Safety Forums will be provided with advice on the testing and maintenance of air
4
120
conditioning systems.
This advice will be in the form of a report that will detail the regular program of testing.
128.2 Should the testing for bacteria counts be outside the relevant standard the ATO will comply
with Comcare Fact Sheet N
o 40 Legionnaires disease December 2001 (or its successor)
which allows for further testing and for the provision of advice.
128.3 Health and safety representatives will, upon request, be provided with information
BOM is also a gold mine for so provisions this is one where they set up JCC when they are going through major
change
if the JCC can t reach agreement it goes through to the Fair Work Commission:
47.4 As part of the consultative process under clause 47, and where change
proposals are sufficiently substantial to warrant it, the Bureau will establish a
Joint Consultative Committee (JCC) including making arrangements for the
participation and funding of employee representatives.
47.4.1 The JCC shall comprise relevant representatives of the parties to this
Agreement. The JCC may determine to invite other parties, or individuals,
to participate on the JCC for a specific issue or period of time. The
Bureau will resource employee members of the JCC by providing paid
time off to participate at and prepare for JCC meetings and where
appropriate, cover costs of travel and accommodation.
47.4.2 In the event the JCC is unable to reach agreement on a particular
proposal or issue, any party to this Agreement can refer the matter for
resolution through clause 49 Dispute Resolution Procedures. In this
5
121
circumstance the preliminary steps before referral of a matter to Fair Work
Australia outlined in sub clause 49.3, will be deemed to have occurred.
And just one from BOM that just highlights agreements contain pointless statements:
The Bureau and its employees agree that they will strive to promote and
maintain a safe workplace and work environment, one that is safe and
without risk to health.
s. 47F
From: s. 47F
Sent: Thursday, 9 April 2015 10:44 AM
To: s. 47F
Subject: FW: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Hi
Helen has asked for some examples of so agreement content for the Commissioner s ar cle
in addi on to
what s in the a ached, are there any other clangers that come to mind immediately?
s. 47F
From: s. 47F
Sent: Wednesday, 8 April 2015 5:40 PM
To: s. 47F
Subject: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Hi s. 47F
6
122
Ive put the a ached together.
The included clauses are by no means the only examples.
Happy to add more if required.
Thanks
s. 47F
s. 47F
Assistant Director, Workplace Relations Policy
Workplace Relations Group
Australian Public Service Commission
Level 6, Aviation House, 16 Furzer Street, PHILLIP ACT 2606
P: s. 47F
l F: s. 47F
l E:s. 47F
7
123
FOI
From:
s. 47F
Sent:
Thursday, 9 April 2015 11:57 AM
To:
s. 47F
Subject:
RE: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Hi s. 47F
The ATO’s provisions around intra‐city moves are pretty soft – while there is some discretion in them, the fact they
exist at all is problematic:
112. Permanent relocation of employees between offices
Intra‐city Transfers
112.1 Employees and their representatives will be consulted at the earliest practicable stage
regarding any ATO initiated proposal to permanently move employees between buildings in
the same city.
112.2 To the fullest extent practicable the movement of employees will be on a voluntary basis.
112.3 Hardship factors will be considered in selecting employees to move. Where the ATO finds
that the relocation would cause hardship for an employee, the ATO, as far as reasonably
practicable, will seek alternatives to relocation.
For the purposes of this clause the hardship factors to be considered may include, but are
not limited to:
a) Personal circumstances such as caring responsibilities
b) Medical issues
c) Issues arising from a spouse’s employment
d) Reasonable travel time
e) Additional costs or financial commitments
f) Education/training commitments
1
124
g) Problems in a prior location
h) Childcare arrangements
112.4 Where the move is within a central business district (CBD) or within a suburb, (including its
immediate surrounds) employees will be given as much notice as is reasonably practicable
of the need to move.
For moves between suburbs (including their immediate surrounds) or between the CBD and
a suburb, employees will be given at least one month’s notice of the need for them to move
unless the employees and the delegate agree to a shorter or longer period
Where the factors that give rise to hardship are of a temporary nature the delegate will
consider a longer period of notice of the need to move.
112.5 If significant relocation costs are likely to be incurred, the employee will be entitled to one‐off
payment upon taking up duty in the new building;
a) for employees at or below the APS 3 level ‐ $1047 (and $1068 from 21 June 2012,
$1079 from 3 January 2013, and $1101 from 20 June 2013),
b) for employees at or above the APS 4 level $696 (and $710 from 21 June 2012, $717 from 3 January 2013, and
$731 from 20 June 2013).
For the purpose of this clause the employee’s level is their actual classification level at the
date of the move.
112.6 Managers may allow employees up to 3 days leave where this is necessary to arrange
personal matters associated with the move.
2
125
112.7 It is not expected that significant relocation costs would be incurred or leave required where
the move is within a CBD or suburb. However, each case will be considered on its merits
and the provisions of sub‐clauses 112.5 and 112.6 are not precluded where it is clearly
demonstrated that significant relocation costs are likely to be incurred and/or leave is
required.
They also have a number of clauses on WHS issues, including this one, which places requirements on the ATO to
provide info to committees:
128. Procedures for air‐conditioned workplaces
128.1 Site Safety Forums will be provided with advice on the testing and maintenance of air
conditioning systems.
This advice will be in the form of a report that will detail the regular program of testing.
128.2 Should the testing for bacteria counts be outside the relevant standard the ATO will comply
with Comcare Fact Sheet No 40 – Legionnaires disease – December 2001 (or its successor)
which allows for further testing and for the provision of advice.
128.3 Health and safety representatives will, upon request, be provided with information
BOM is also a gold mine for soft provisions – this is one where they set up JCC when they are going through major
change – if the JCC can’t reach agreement it goes through to the Fair Work Commission:
47.4 As part of the consultative process under clause 47, and where change
proposals are sufficiently substantial to warrant it, the Bureau will establish a
Joint Consultative Committee (JCC) including making arrangements for the
participation and funding of employee representatives.
3
126
47.4.1 The JCC shall comprise relevant representatives of the parties to this
Agreement. The JCC may determine to invite other parties, or individuals,
to participate on the JCC for a specific issue or period of time. The
Bureau will resource employee members of the JCC by providing paid
time off to participate at and prepare for JCC meetings and where
appropriate, cover costs of travel and accommodation.
47.4.2 In the event the JCC is unable to reach agreement on a particular
proposal or issue, any party to this Agreement can refer the matter for
resolution through clause 49 Dispute Resolution Procedures. In this
circumstance the preliminary steps before referral of a matter to Fair Work
Australia outlined in sub clause 49.3, will be deemed to have occurred.
And just one from BOM that just highlights agreements contain pointless statements:
The Bureau and its employees agree that they will strive to promote and
maintain a safe workplace and work environment, one that is safe and
without risk to health.
s. 47F
From: s. 47F
Sent: Thursday, 9 April 2015 10:44 AM
To: s. 47F
Subject: FW: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Hi
4
127
Helen has asked for some examples of “soft” agreement content for the Commissioner’s article – in addition to
what’s in the attached, are there any other clangers that come to mind immediately?
s. 47F
From: s. 47F
Sent: Wednesday, 8 April 2015 5:40 PM
To: s. 47F
Subject: Examples of 'soft' arrangements in Cth enterprise agreements [DLM=Sensitive]
Sensitive
Hi s. 47F
I’ve put the attached together.
The included clauses are by no means the only examples.
Happy to add more if required.
Thanks
s. 47F
s. 47F
Assistant Director, Workplace Relations Policy
Workplace Relations Group
Australian Public Service Commission
5
128
Level 6, Aviation House, 16 Furzer Street, PHILLIP ACT 2606
P: s. 47F
l F: s. 47F
l E: s. 47F
6
129
EXAMPLES OF ‘SOFT’ ARRANGEMENTS IN COMMONWEALTH
ENTERPRISE AGREEMENTS
Examples of generous leave entitlements
Personal/Carer’s Leave
The bulk of APS employees receive 15 to 18 days per annum, accruable. Some agencies have more
generous arrangements than this:
• Department of Infrastructure:
25 days per annum, accruable
• Attorney-General’s Department:
22 days per annum, accruable
• 13 APS Agencies (incl. 2 Departments): 20 days per annum, accruable
Community Service Volunteer Leave
• Some agencies provide their employees up to 5 days’ paid leave per annum (non-accruable)
to conduct volunteer work with a community organisation, provided they do not accept
payment from that organisation.
Miscellaneous Leave
• The CSIRO provides its employees with 4 days paid miscellaneous leave per annum,
accruable to a cap of 15 days. Employees may request to take these days whenever they wish
to and managers are not allowed to refuse reasonable requests to access this leave.
• Several agencies provide one day of paid leave per annum (non-accruable) to employees for
the purposes of moving house. i.e. employees are not expected to access their annual leave or
flex leave instead.
Restrictions on meeting times
National Film and Sound Archive Enterprise Agreement
To assist employees to balance their work and family responsibilities, as a general principle
meetings will be scheduled to start no earlier than 9.30 am and finish by 5.00 pm.
IP Australia Enterprise Agreement
To assist IP Australia employees meet their personal responsibilities all meetings are to be
scheduled to meet the needs of the participants. Wherever possible meetings will not
commence before 9:00am and will conclude by 5:00pm, unless otherwise agreed.
Atypical allowances and other special payments
1. National Archives of Australia Enterprise Agreement
[For domestic and international travel]
Upon the presentation of receipts, an employee will be reimbursed for reasonable
additional costs for alternate care purposes and pet accommodation costs incurred
as a direct consequence of their travel on official duty.
132
Old Parliament House Enterprise Agreement
If the number of days without supporting evidence exceeds ten days in any accrual year, the
Director (delegate) may require the employee to provide evidence for any further short
absences for that accrual year. The Director (delegate) must inform the employee in advance
in writing of any requirement for supporting evidence for short absences.
Other generous or unusual content
• The
Australian Taxation Office Enterprise Agreement includes generous provisions for
employees relocated within the same city:
112.2 To the fullest extent practicable the movement of employees will be on a voluntary
basis.
112.3 Hardship factors will be considered in selecting employees to move. Where the ATO
finds
that the relocation would cause hardship for an employee, the ATO, as far as reasonably
practicable, will seek alternatives to relocation.
…
For moves between suburbs (including their immediate surrounds) or between the CBD and
a suburb, employees will be given at least one month’s notice of the need for them to move
unless the employees and the delegate agree to a shorter or longer period
112.5 If significant relocation costs are likely to be incurred, the employee will be entitled to
one-off
payment upon taking up duty in the new building;
a) for employees at or below the APS 3 level - $1047 (and $1068 from 21 June 2012,
$1079 from 3 January 2013, and $1101 from 20 June 2013),
b) for employees at or above the APS 4 level $696 (and $710 from 21 June 2012,
$717 from 3 January 2013, and $731 from 20 June 2013).
…
112.6 Managers may allow employees up to 3 days leave where this is necessary to arrange
personal matters associated with the move.
• The
Defence Enterprise Collective Agreement makes the following commitments about
Defence’s impact on the environment.
The activities undertaken by Defence have an impact on the environment, not least because
Defence is the Australian Government’s biggest user of energy. Defence and the unions are
committed to implementing practical measures, consistent with Government policy, to reduce
Defence’s carbon footprint, promote environmental sustainability, minimise the unnecessary
consumption of resources and reduce operational and administrative costs through a range of
improved workplace practices.
Employees, as individuals and in groups, will make a positive contribution to improving
Defence’s environmental management. For its part, Defence is committed to being a leader in
sustainable environmental management and to providing the opportunity for employee
contributions to environmental management through its Environmental Management System
(EMS). Defence is committed to developing employment conditions that encourage
environmental responsibility.
133
Guaranteed facilities for union delegates
Most APS agreements contain prescriptive arrangements which guarantee union delegates access to
use workplace facilities, infrastructure, technology and resources for the purposes of carrying out their
role with their union. The common arrangement included in many EAs is at Attachment A.
134
Attachment A
Principles relating to workplace delegates
The role of union workplace delegates and other elected union representatives is to be respected and
facilitated.
Agencies and union workplace delegates must deal with each other in good faith.
In discharging their representative roles at the workplace level, the rights of union workplace
delegates include but are not limited to:
•
The right to be treated fairly and to perform their role as workplace delegates without any
discrimination in their employment;
•
Recognition by the agency that endorsed workplace delegates speak on behalf of their
members in the workplace;
•
The right to participate in collective bargaining on behalf of those whom they represent, as
per the Fair Work Act
•
The right to reasonable paid time to provide information to and seek feedback from
employees in the workplace on workplace relations matters at the agency during normal
working hours;
•
The right to email employees in their workplace to provide information and seek feedback,
subject to individual employees exercising a right to ‘opt out’;
•
Undertaking their role and having union representation on an agency’s workplace relations
consultative committee;
•
Reasonable access to agency facilities (including telephone, facsimile, photocopying, internet
and email facilities, meeting rooms, lunch rooms, tea rooms and other areas where employees
meet) for the purpose of carrying out work as a delegate and consulting with members and
other interested employees and the union, subject to agency policies and protocols;
•
The right to address new employees about union membership at the time they enter
employment;
•
The right to consultation, and access to relevant information about the workplace and the
agency; and
•
The right to reasonable paid time to represent the interests of members to the employer and
industrial tribunals.
In discharging any roles that may involve undertaking union business, the rights of union workplace
delegates include but are not limited to:
•
Reasonable paid time during normal working hours to consult with other delegates and union
officials in the workplace, and receive advice and assistance from union staff and officials in
the workplace;
•
Reasonable access to appropriate training in workplace relations matters including training
provided by a union;
•
Reasonable paid time off to represent union members in the agency at relevant union forums.
In exercising their rights, workplace delegates and unions will consider operational issues,
departmental policies and guidelines and the likely affect on the efficient operation of the agency and
the provision of services by the Commonwealth.
For the avoidance of doubt, elected union representatives include APS employees elected to represent
union members in representative forums, including, for example, CPSU Section Secretaries,
Governing Councillors and Section Councillors, and APESMA Government Division Committee
members.
135
FOI
Subject:
4:00 Examples of ‘soft’ arrangements in Commonwealth enterprise agreements [Helen B
& s. 47F
[SEC=UNCLASSIFIED]
Location:
Exec Boardroom
Start:
Mon 13/04/2015 4:00 PM
End:
Mon 13/04/2015 4:30 PM
Show Time As:
Tentative
Recurrence:
(none)
Meeting Status:
Not yet responded
Organizer:
LLOYD,John
Required Attendees:
BULL,Helen; s. 47F
1
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Over successive bargains, the Defence enterprise agreement has grown to be a very large and complex
document, which includes significant amounts of prescriptive and restrictive processes and general
departmental policies. Given the wages policy, negotiating this content out of the agreement will be a
significant challenge.
Current Defence EA: https://www.fwc.gov.au/documents/documents/agreements/fwa/AE893129.pdf
Some points of interest in current agreement
9 page section about ‘defence environment’
20 pages on performance management
Includes provisions which are dealt with in other legislation eg work health and safety matters
Detailed provisions on staffing levels
Significant detail about structures and processes.
Immigration/ Customs
Status/Issues
Complexity of merging agencies as a result of MoG changes.
Progressing separate remuneration proposals, but the bargaining teams seem to be coming together. APSC
is of the view that discussions need to occur involving both agencies.
The Immigration remuneration proposal is with Finance (0.7; 0.7; 0.61) but Finance has indicated it cannot
properly assess until the MoG outcomes are clear. The Customs remuneration proposal close to going to
Finance, and are proposing 2% on commencement.
General workforce unrest at present with the introduction of mandatory drug testing; uniforms; dress
codes; a range of other new workforce policies; and the proposed relocation of the Department.
Current EAs: Immigration: https://www.fwc.gov.au/documents/documents/agreements/fwa/AE888602.pdf
Some points of interest in current agreement
Extensive and detailed provisions governing consultation.
Annual maritime arrivals allowance of between $5000 and $30000 for identified employees deployed to an
Immigration Detention Facility or other location as part of a regular, planned and
Executive extended commitment allowance of $11,500 per annum payable to an Executive Level or
equivalent employee who works unusually long hours for a sustained period.
Customs: https://www.fwc.gov.au/documents/documents/agreements/fwa/AE890227.pdf
Some points of interest in current agreement
A large amount of operational detail governing customs is set out in legislation and instruments under
legislation. Nonetheless the agreement is still over 120 pages long.
Includes a 2 page aspirational preamble to the agreement. Over 30 pages detailing a large number of
allowances.
Specific provisions for customs level 4 and 5 employees in recognition of their importance to the agency,
including additional leave, airline club membership and business class travel, spouse accompanied travel
Annual lump sum bonus payments for employees at top of salary bands, subject to performance appraisal
requirements.
Agriculture
3
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Current agreement is relatively generous and restrictive.
Current EA: https://www.fwc.gov.au/documents/documents/agreements/fwa/AE887749.pdf
Some points of interest in current agreement
0.75% productivity payment on commencement.
Cashing out of excess flex credits in certain circumstances
Generous TOIL arrangements
18 days personal leave
Department of the Prime Minister and Cabinet
Status
Remuneration proposal: average increase of 1.09%, based on a new salary structure with 1.5% salary
advancement increments; and aligning travel allowances.
Issues
MoG changes have resulted in a complex mix of 10 sets of terms and conditions operating simultaneously –
including from the former Department of FAHCSIA and preserved arrangements from DEEWR, Immigration
and Health.
Remuneration offer was provided to staff 4 Feb 2015. CPSU response: the proposed cuts to conditions and
rights far outweigh the benefits.
The current PM&C enterprise agreement is relatively streamlined, however the former FAHCSIA agreement
is an example of a very generous and restrictive agreement. The majority of the CPSU’s members are
employees covered by the current FAHCSIA agreement.
Current PM&C EA: https://www.fwc.gov.au/documents/documents/agreements/fwa/AE886348.pdf
Some points of interest in current agreement
18 days personal leave
Salaries at higher level than FAHCSIA.
FAHCSIA EA: https://www.fwc.gov.au/documents/documents/agreements/fwa/AE893483.pdf
Some points of interest in current agreement
Legal officer and public affairs broadbands with faster salary advancement.
Easter closedown – staff leave at 3pm on Easter Thursday
20 days personal leave
Productivity payments ‐ $875 payable at the start of the agreement in recognition of efficiencies realised
from the roll out of new IT and other productivity measures; $750 in second year of agreement connected
to participation in performance appraisal process.
Members Of Parliament Staff
Status/Issues
This agreement covers the staff of all Commonwealth Members of Parliament; who are employed directly by
their employing member on behalf of the Commonwealth. The agreement is administered by Finance.
Current EA reaches its nominal expiry date mid‐2015. Contains a number of very generous provisions.
Bargaining tends to be a highly political process. Historically, Senators and Members have made successful
approaches to the Minister on behalf of their employees seeking concessions from the Government’s
bargaining policy of the day.
5
141
Current EA: https://www.fwc.gov.au/documents/documents/agreements/fwa/AE894665.pdf
Some points of interest in current agreement
Parliamentary staff allowance and electoral allowances paid in recognition of hours of work of up to $30,990
p.a; with no requirement to keep records of actual time worked.
Separate annual ‘retention bonus’ of 1%
Airservices Australia (Air Traffic Controllers)
Status/Issues
Current enterprise agreement reaches its nominal expiry date in November 2015.
Concern about possibility of disruptive industrial action.
Current agreement is highly prescriptive and generous.
Current EA: https://www.fwc.gov.au/documents/documents/agreements/fwa/AE898492.pdf
Some points of interest in current agreement
Agreement establishes an Employee Grievance Board – with a chair agreed with the union. The Board
provides an avenue of independent review in relation to certain individual employee grievances.
Lengthy provisions dealing with shifts and breaks between shifts
Hours of work: 72 hour fortnight
Unlimited sick leave entitlement.
NB: also: Agreement makes provision for both IFAs and Group Flexibility Agreements. A Group Flexibility Agreement
may vary the application of terms of the agreement that deal with arrangements for when work is performed
including hours of work, starting times, shift lengths and breaks. Copy of proposed GFA must be provided to the
union.
6
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FOI
From:
s. 47F
Sent:
Monday, 13 April 2015 5:08 PM
To:
LLOYD,John
Subject:
Examples of generous arrangements in Commonwealth enterprise agreements
[SEC=UNCLASSIFIED]
Attachments:
Examples of generous arrangements in Cth enterprise agreements.docx
1
317
EXAMPLES OF ‘SOFT’ ARRANGEMENTS IN COMMONWEALTH
ENTERPRISE AGREEMENTS
Overview
1. Over the past decade, APS employees have enjoyed wage increases substantially above CPI.
2. During this time, APS remuneration increases totalled 50.7 per cent, compared to CPI
increases of 31.8 per cent. That is more than most other industries.
3. In addition to these generous wages, Commonwealth public sector agreements have
accumulated other generous terms and conditions. These go beyond those provided by
minimum safety nets, often well above community standards.
Superannuation
4. Commonwealth superannuation arrangements deliver significant benefits over time compared
to what employees would receive from the Superannuation Guarantee. The employer
superannuation contribution under the Superannuation Guarantee is 9.5%. The
Commonwealth’s employer contribution to its accumulation fund is 15.4%. The following
table highlights the significant benefit this represents to Commonwealth employees.
Annual income
$60,000 $80,000
$90,000
$100,000
9.5% contribution rate
$5,700
$7,600
$8,550
$9,500
15.4% contribution rate
$9,240
$12,320
$13,860
$15,400
Additional Commonwealth
$3,540
$4,720
$5,310
$5,900
benefit
20-year benefit*
$70,800
$94,400 $106,200 $118,000
* The ‘20 year benefit’ calculation is the additional employer superannuation contribution to retirement
capital over a 20 year period, excluding additional interest/fund earnings on those amounts.
Leave entitlements
Personal/Carer’s Leave
5. The National Employment Standard guarantees an employee 10 days paid personal/carer’s
leave per annum. Leave not used is accrued.
6. The bulk of APS employees receive 15 to 18 days per annum. Some agencies have more
generous arrangements than this:
a. Department of Infrastructure:
25 days per annum
b. Attorney-General’s Department:
22 days per annum
c. 13 APS Agencies (incl. 2 Departments): 20 days per annum
Community Service Volunteer Leave
7. Some agencies provide their employees up to 5 days’ paid leave per annum (non-accruable)
to conduct volunteer work with a community organisation, provided they do not accept
payment from the organisation.
318
Miscellaneous Leave
8. The CSIRO provides its employees with 4 days paid miscellaneous leave per annum,
accruable to a cap of 15 days. Employees may request to take these days whenever they wish
and managers are not allowed to refuse reasonable requests to access this leave.
9. Several agencies provide one day of paid leave per annum (non-accruable) to employees for
the purposes of moving house. i.e. employees are not expected to access their annual leave or
flex leave.
Unusual allowances and other special payments
10. Some agencies provide unusually generous entitlements for employees who travel as part of
their official duties. For example:
National Archives of Australia Enterprise Agreement
[For domestic and international travel]
Upon the presentation of receipts, an employee will be reimbursed for reasonable
additional costs for alternate care purposes and pet accommodation costs incurred
as a direct consequence of their travel on official duty.
11. Approximately 40% of APS agreements provide allowances to promote ‘health and well-
being. The majority of these allowances are less than $300 per annum. Some examples of
those which are greater:
Workplace Gender Equity Agency
229. Effective 1 July 2012, employees shall be entitled to claim reimbursement for Health,
Wellness and Fitness expenses to a maximum value of $900 each financial year (July to
June), including GST. The terms and conditions of this entitlement are specified in the EOWA
Health, Wellness and Fitness Policy.
Departments of Employment and Education and Training
To assist in the promotion of good health, the department will provide each employee with a
health related allowance to be paid as a lump sum on the first full pay period on or after
1 September each year as follows:
a. APS 1- 3 employees will receive $500
b. APS 4- EL 2 employees will receive $200.
ComSuper Agreement
54. SCHOOL HOLIDAY CARE
54.1 ComSuper will pay a school holiday care allowance to eligible employees for a
maximum of two weeks per calendar year during the July/August school holidays and between
Christmas and New Year.
54.2 School holiday care allowance is $25 gross per day for each child of school age placed
in approved child care while the parent is at work at Com Super. Where more than one parent
works for ComSuper, they must both be at work at ComSuper on a day that a claim is made
319
and only one claim per day for each child will be paid. The maximum allowance that may be
paid is $250 per Week per employee or employee couple.
54.3 An employee who is on Personal Leave due to their own injury or illness may still be
eligible for the allowance. A medical certificate will be required in support of a claim for the
allowance.
54.4 School holiday care is care provided by a service which is approved by the Department
of Families, Housing, Community Services and Indigenous Affairs to receive Child Care
Benefit payments.
54.5 Employees employed on a short term non-ongoing basis will not have access to the
allowance.
Defence Enterprise Collective Agreement
Relocation on retirement
H6.1 This provision is limited to those employees who retire, are retired, or who die shortly
after accepting an inter-city relocation, which was as a result of an organisational element of
Defence being relocated. In such circumstances, the Secretary may approve a request for
reimbursement of reasonable removal and transport expenses associated with returning the
employee and/or their spouse/partner/dependants to another locality. These provisions do not
operate to provide all employees with a retirement/death benefit, and applications made in
respect of otherwise eligible employees should be limited to:
a. compassionate grounds, such as employees who die within five years of their
relocation, where surviving dependants would be left without the support of
immediate family or close friends;
b. employees who retire within five years of a relocation, where such a provision was
provided for in that relocation package; or
c. situations in which, within five years of relocation, suitable work is no longer
available to the employee.
Australian Customs and Border Protection Service Enterprise Agreement
• Shoe and stocking allowance: $125.83 per annum
• Clothing allowance:
$711 per annum
• Employees may be reimbursed additional costs up to a maximum of $500 per annum
in accordance with the “Domestic Care Support Scheme.”
Executive Level 1 officers:
• Airline lounge membership if the employee is required to conduct any travel for
official purposes (limited to one airline)
• Business class travel for any flights over 2 hours’ duration.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
Executive Level 2 officers:
• All receive an annual ‘contact allowance’ in recognition that they may be called
outside of normal work hours.
• Can home garage of a Commonwealth vehicle (where one is available and
operationally necessary).
320
• Entitlement to park at work where they elect not to home garage a Commonwealth
vehicle.
• Business class travel for any flights over 2 hours’ duration – OR – they may elect to
take an economy class flight “downgrade” and receive a second economy class ticket
so their spouse/partner can accompany them, provided any pricing gap is met by the
employee.
• Airline lounge membership if the employee is required to conduct any travel for
official purposes.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
Clauses that restrict operational decision-making
12. In addition to generous terms and conditions, many public sector agreements contain
provisions that make it difficult for agencies to respond to changing government and
community priorities.
13. An enterprise agreement requires a department that intends to change work patterns to do so
with the agreement of the employee. The department was unable to change shift rosters for
12 months, even when the work those employees were employed to do was no longer
available.
14. The Department of Human Services agreement provides extraordinarily lengthy provisions on
negotiation of working hours. The provisions also dictate in detail how the consultation will
occur in respect of changing working hours and other conditions. See
Attachment A.
15. The Australian Taxation Office Enterprise Agreement limits the ability of the ATO even to
move its employees to a new office within the same city. This is included in the agreement
even though section 25 of the
Public Service Act 1999 allows Agency Heads the unilateral
power to determine the location at which an APS employee will perform their duties.
112.2 To the fullest extent practicable the movement of employees will be on a
voluntary basis.
112.3 Hardship factors will be considered in selecting employees to move. Where the
ATO finds that the relocation would cause hardship for an employee, the ATO, as far
as reasonably practicable, will seek alternatives to relocation.
…
For moves between suburbs (including their immediate surrounds) or between the
CBD and
a suburb, employees will be given at least one month’s notice of the need for them to
move
unless the employees and the delegate agree to a shorter or longer period.
112.5 If significant relocation costs are likely to be incurred, the employee will be
entitled to one-off payment upon taking up duty in the new building;
a) for employees at or below the APS 3 level - $1047 (and $1068 from 21
June 2012, $1079 from 3 January 2013, and $1101 from 20 June 2013),
b) for employees at or above the APS 4 level $696 (and $710 from 21 June
2012, $717 from 3 January 2013, and $731 from 20 June 2013).
…
112.6 Managers may allow employees up to 3 days leave where this is necessary to
arrange personal matters associated with the move.
321
16. Some enterprise agreements dictate the times at which meetings can be scheduled. An
example is the IP Australia agreement:
To assist employees to balance their work and family responsibilities, as a general principle
meetings will be scheduled to start no earlier than 9.30 am and finish by 5.00 pm.
To assist IP Australia employees meet their personal responsibilities all meetings are to be
scheduled to meet the needs of the participants. Wherever possible meetings will not
commence before 9:00am and will conclude by 5:00pm, unless otherwise agreed.
17. Some APS enterprise agreements contain arrangements that purport to restrict the use of non-
ongoing employment. For example:
Screen Australia may engage employees as fixed term employees where:
a) the specific job performed by the employee is not required to be performed on an
ongoing basis, and is associated with fixed term programs and projects;
b) the skills and experience required are either:
a. for specified periods of time; or
b. for specified tasks; or
c) industry sourced skills and experiences are required and there is an assumption that
employees will return to that industry.
Clauses that use a lot of words to say nothing of substance
18. Many APS enterprise agreements are not well-drafted. However, some have been drafted in
such a way as to make it difficult for employees or managers to understand what, if any,
entitlements they provide. For example, from the Defence Enterprise Agreement:
A2.1 To allow flexibility in decision-making, this Agreement provides a principles-based
decision making framework. The following principles underpin all provisions in this
Agreement:
a. assisting employees to balance their work and private commitments;
b. providing a safe, secure and fair environment;
c. making the most efficient use of resources and supporting sustainable
environmental management;
d. respecting and valuing diversity;
e. preventing discrimination;
f. ensuring freedom of association; and
g. behaving honestly.
A2.2 Procedural fairness is to be observed in all employment decisions, so that:
a. employees are given an opportunity to be heard and promptly advised of the
decision;
b. those hearing an employee are unbiased;
c. any decision regarding the employee is based on sufficient evidence to support the
decision; and
d. confidentiality and privacy is observed except where it would be inappropriate to
do so.
A2.3 While principles-based decision-making provides flexibility, it still requires the
application of the Defence values and APS Values in the decision-making process. The APS
Values, set out in section 10(1) of the PS Act, have evolved to reflect the greater flexibility,
efficiency and business practices required by today’s organisation. They not only shape an
ethical and productive workplace culture – they also define our legal commitment to both the
government and the people we serve. The APS Values recognise this can only be achieved
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through trust, rather than increased procedure. Employees must, in turn, recognise that this
level of trust comes with increased responsibility, and that any breach of the APS
Values, or of the APS Code of Conduct, may result in serious penalty, or even dismissal, for
those responsible.
Defence values – PLICIT
A2.4 Defence has a framework of values that reflects the long traditions and distinctive
identities of the three Services and the APS. They underpin our corporate culture and
contribute to achieving organisational goals. The Defence values – Professionalism, Loyalty,
Integrity, Courage, Innovation and Teamwork (PLICIT) – have been formulated as a unifying
factor across all facets of Defence. The Defence values work alongside the APS Values and
the values of each of the single Services. They form the basis of the behaviours expected of all
our people and leaders (both APS and ADF) in Defence.
Guaranteed facilities for union delegates
19. Most APS agreements contain prescriptive arrangements which guarantee union delegates
access to use workplace facilities, infrastructure, technology and resources for the purposes of
carrying out their role with their union. The common arrangement included in many EAs is at
Attachment B.
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Attachment A
Department of Human Services agreement
A1 NEGOTIATION OF WORKING HOURS
A1.1 An employee and their direct supervisor will together design and reach agreement on the
employee’s working hours, genuinely negotiating where necessary. These working hours may
take the form of a pattern of ordinary hours of duty or a regular hours agreement.
A1.2 In designing or negotiating a pattern of ordinary hours or regular hours agreement, the direct
supervisor will make all reasonable efforts to accommodate an employee’s requests.
A1.3 A regular hours agreement may be requested by an employee and, if approved, will apply for
a specified period of 12 months unless a shorter period is requested by the employee.
A1.4 An employee who requests a regular hours agreement will be advised in writing of the
outcome of their request. Agreements will be jointly reviewed at the end of the period.
Processes
A1.5 In designing or negotiating a pattern of ordinary hours or regular hours agreement, the direct
supervisor and employee will take into account a balance of:
(a)
the employee’s needs and preferences; and
(b)
the capacity and needs of a team, workplace, or business line to meet its internal or
external service delivery requirements.
A1.6 A regular hours agreement will include start and finish times and lunch times.
A1.7 Where requested by the employee, a regular hours agreement will be designed to include one
or more planned day(s) off in a settlement period.
A1.8 Where a direct supervisor cannot accommodate an employee’s request in respect of a pattern
of ordinary hours or a regular hours agreement, the direct supervisor will:
(a)
discuss the reasons for the decision with the employee; and
(b)
provide written reasons for the decision, if requested by the employee.
A1.9 Where an employee and their direct supervisor cannot reach agreement on a pattern of
ordinary hours or a regular hours agreement, the employee will continue to work in
accordance with their existing pattern of ordinary hours or regular hours agreement until the
end of the current settlement period.
A1.10 At the end of the current settlement period, if agreement cannot be reached, the employee may
choose:
(a)
to work in accordance with a default regular hours option; or
(b)
to continue their existing pattern of ordinary hours or regular hours agreement for
a further settlement period, after which time the employee will work in accordance
with a default regular hours option.
A1.11 Default regular hours (for a full time employee) will apply in accordance with the options
listed below that the Secretary determines best suits the work area:
(a)
8.30am to 5.00pm with 60 minute lunch break.
(b)
commencement 15 minutes before the opening time of the workplace or 7.45am
(whichever is the later), with a lunch break of 30, 45 or 60 minutes; or
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(c)
finish 15 minutes after close of a customer contact period or 5.15pm (whichever is
the earlier), with a lunch break of 30, 45 or 60 minutes.
Variations on negotiated hours
A1.1 Employees will have at least four weeks notice for a change in arrangements unless the
employee agrees to a lesser timeframe.
A1.2 An employee may request changes to their pattern of ordinary hours or regular hours
agreement at any stage.
A1.3 The regular hours agreement may be varied, by agreement, between the Secretary and the
employee.
A1.4 The employee and their supervisor will meet and discuss the regular hours arrangements a
month before the end date of the current regular hours agreement to enable discussion on
continuing the regular hours agreement for a further 12 months or to negotiate new regular
hours arrangements.
A2 ROSTERS
A2.1 Rostering of some employees is essential to the department’s primary function of quality
service delivery. The department seeks to balance flexibility and certainty for employees and
business areas, to assist in the design of quality jobs, a better work/life balance and a healthy
and safe work environment.
A2.2 The department will, in consultation with employees and their representatives, develop and
agree a policy for rostering. This policy will include mechanisms to balance flexibility and
certainty for employees including adequate breaks.
Principles
A2.3 Rosters are designed through a process of genuine negotiation between an employee and their
team leader/manager, taking into account the agreed pattern of hours.
A2.4 Rosters will provide employees with adequate time to prepare for the day and pack up at the
end of the day, meet and plan, undertake necessary reading, participate in training and other
development activities, prepare for the introduction of changes, and include adequate breaks.
A2.5 Employees and managers are encouraged to apply local, flexible work practices where
possible to meet employee’s short term or ad hoc work/life balance needs. Managers will
make all reasonable efforts to accommodate those requests.
Application
A2.6 This clause
Error! Reference source not found. will apply to:
(a)
workplaces or business lines (or parts thereof) that, on commencement of this
Agreement, operate on a rostered basis; and
(b)
other workplaces or business lines where the Secretary determines, in consultation
with affected employees and their representatives (under clau
se A4) will operate
on a rostered basis.
A2.7 All rostered environments as described in
Error! Reference source not found. will, at a
minimum, include provision of:
(a)
planned leave including flex time or planned days off;
(b)
start and finish times;
(c)
timing and duration of lunch and tea breaks;
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(d)
preparation and pack up time totalling 15 minutes in a single day;
(e)
a 5 minute break after each 60 minute continuous period of screen/telephony-
based work where they are rostered to continue to perform that work for at least a
further 15 minutes. The five minute screen-based equipment break will be used to
perform other work related activities including appropriate health and well-being
activities. This time may form part of a tea break.
A2.8 The manner in which these are reflected in rosters will depend upon the rostering tool(s) used
in each business area.
A2.9 In locations where cash counting occurs, preparation and pack up time will be increased to 15
minutes preparation time and 15 minutes pack up time.
A2.10 Where rosters are generated according to national business parameters, those rosters may also
include scheduled activities and duration of those activities including:
(a)
face to face customer service;
(b)
telephone and telephone support activities;
(c)
follow-up and processing activities
(d)
training (national and local);
(e)
learning and development (in blocks of at least 30 minutes);
(f)
team and one-to-one meetings; and/or
(g)
other approved roles (such as HCO or HSR duties).
Processes
A2.11 Rosters will apply for four week periods and may be negotiated up to 12 weeks in advance.
A2.12 There are three phases in the development of rosters
(a)
identification of an employee’s working hours preferences including agreed
pattern of hours arrangements;
(b)
development of draft rosters, and initial negotiation. During the initial negotiation
phase, employees may genuinely negotiate changes with their supervisor; and
(c)
distribution of final rosters and adjustments to final rosters subject to
Error!
Reference source not found.,
Error! Reference source not found. and
Error!
Reference source not found..
A2.13 An employee may request changes to their roster (including scheduled activities outlined in
subclause
Error! Reference source not found.) at any stage.
A2.14 Employees are encouraged to manage their own ad hoc changes to their roster by swapping
with other employees. Agreement by the manager will not be unreasonably refused. Swaps of
scheduled activities should not reduce overall task variety for employees during the roster
period.
A2.15 Where the department needs to change rosters due to operational requirements that were
unforeseen prior to finalising the roster, the need for changes will be discussed with affected
employees at the earliest opportunity. Genuine negotiation of rosters will explore options to
meet the operational requirements and give employees reasonable notice of changes to
working hours.
A2.16 Subject to subclause
Error! Reference source not found., where changes to start or finish
times are not agreed between an employee and their supervisor, and where notice of changes
of at least 14 calendar days cannot be provided, the employee will be entitled to overtime
326
payments for hours that are worked before their previously agreed start time, or after their
previously agreed finish time.
A2.17 In the event that the department, or a workplace or business line within the department, needs
to make variations to rostering or scheduling practices, the Secretary will consult with
potentially affected employees and their representatives prior to implementing changes to
those practices.
A3 HOURS OF SERVICE DELIVERY
A3.1 The Secretary may determine hours of service delivery that will apply across the department,
or in areas of the department.
A3.2 The department may vary the hours of service delivery to meet customer demand.
A3.3 If the department needs to vary hours of service delivery or establish new or varied customer
service arrangements, and this variation will impact on the hours of duty worked by
employees, the Secretary will communicate the business need and consult with potentially
affected employees and their representatives, prior to implementing a change in service
delivery hours, in accordance with claus
e A4 of this Agreement. In conducting consultation,
the Secretary will consult on matters including, but not limited to:
(a)
staffing levels, and impacts on service levels;
(b)
security and occupational health and safety;
(c)
hours of duty, including rosters, regular hours arrangements and patterns of
ordinary hours;
(d)
child care availability, proximity, suitability and costs;
(e)
availability, safety and proximity of public transport and parking; and
(f)
other options to assist existing staff manage changed hours, including recruitment
of staff to work changed hours.
A3.4 Where the Secretary establishes new or varied service delivery hours, the Secretary will not:
(a)
design an employee’s pattern of attendance to include hours outside the
bandwidth;
(b)
compel an employee to work on public holidays; or
(c)
place an employee in a 12-hour shift arrangement;
without the employee’s consent.
A3.1 The department will not roster staff to perform external customer contact duties, other than
normal 24 hour / 7 day services, on the Saturday after Good Friday or any Saturdays that fall
within the department’s reduced activity period set out in clause
Error! Reference source
not found..
A4 CONSULTATION
A4.1 The department respects the principles of freedom of association and recognises that it is
every employee’s right to freely decide whether or not to join and be represented by a union
in workplace matters.
A4.2 Consultation means providing employees and their representatives with a bona fide
opportunity to influence a decision-maker prior to a decision being made (where possible),
and prior to the implementation of changes.
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A4.3 The Secretary will consult with potentially affected employees and their representatives in
accordance with this clau
se A4:
(a)
on the introduction of major changes (or proposed major changes) referred to in
subclau
ses A4.4 a
nd A4.5; and
(b)
on other workplace changes that will have an effect on employees referred to in
subclau
se A4.6.
Major Change
A4.4 Where a decision is made to introduce major changes in program, organisation, structure or
technology that are likely to have a significant effect on employees, the Secretary must notify
the employees who are likely to be affected by the proposed changes, and their
representatives.
A4.5 Significant effects include (but are not limited to):
(a)
termination of employment;
(b)
major changes in composition, operation or size of the department’s workforce or
in the skills required;
(c)
the elimination or diminution of job opportunities, promotion opportunities or job
tenure;
(d)
alteration in hours of work;
(e)
the need to retrain employees;
(f)
the need to relocate employees to another workplace; and
(g)
the restructuring of jobs.
Other workplace changes
A4.6 Where a workplace change that is likely to have an effect on employees (but is not a major
change) is proposed, the Secretary will notify potentially affected employees and their
representatives.
Timing of consultation
A4.7 Where a decision is made by Government, or is made outside the department, consultation
with employees prior to making the decision may not be practicable. In such cases,
consultation under this clause
A4 regarding the implementation of the decision will occur as
early as is reasonably practicable.
A4.8 In other cases, consultation with employees under this clau
se A4 will occur as early as
possible prior to making a decision.
Process
A4.9 The Secretary must consult with the employees affected and their representatives, by:
(a)
discussing the introduction of the major change or other workplace change;
(b)
discussing the effects the change is likely to have on employees and measures to
avert or mitigate the adverse effects of such changes on employees;
(c)
seeking the feedback and input of affected employees and their representatives,
about the changes or proposed changes; and
(d)
giving prompt consideration to feedback or input raised by the employees and their
representatives, in relation to the changes or proposed changes.
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A4.10 Depending on the issue for consultation and the relevant workplace or workplaces,
consultation may be general or specific, and may take the form of discussions, surveys,
working groups, project teams, consultation meetings, other co-design approaches and/or the
opportunity to make verbal or written comments.
A4.11 Local managers will consult with their employees and their representatives on local
workplace changes. Consultative arrangements may be formal or informal (for example,
standing agenda items for team meetings, committees in larger workplaces, or informal
meetings with local managers in smaller worksites). Issues raised at the local level may be
referred to a more senior manager.
A4.12 For the purpose of the discussions under subclau
se A4.9 a
nd A4.10, the employees concerned
and their representatives are to be provided in writing all relevant information about the
changes or proposed changes, including the nature of the changes proposed, the expected
effects of the changes on employees and any other matters likely to affect employees.
A4.13 The Secretary is not required to disclose confidential or commercially sensitive information to
the employees or their representatives.
A4.14 The Secretary will advise employees and their representatives about how their feedback or
input was considered in the decision-making and/or implementation process, as relevant. This
advice will be provided in writing, if requested.
Committees
A4.15 The department will establish consultative committees to consult with unions about workplace
changes at the service zone level or national level.
A4.16 Service Zone Committees (including a National Office Committee), consisting of three
management representatives and three union representatives, will meet at least three times per
year and will deal with proposed changes within the Service Zone and implementation of
Government decisions as they apply to the Service Zone. The Service Zone Committee may
escalate relevant issues to the National Consultative Committee (NCC) or a subcommittee of
the NCC.
A4.17 The NCC will consist of four management and four union representatives, will meet quarterly,
and will deal with proposed changes within the department, and implementation of
Government decisions as they apply to the department. The NCC may establish
subcommittees on an as needs basis to deal with issues that require specific attention.
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Attachment B
Principles relating to workplace delegates – Majority of APS Agreements
The role of union workplace delegates and other elected union representatives is to be respected and
facilitated.
Agencies and union workplace delegates must deal with each other in good faith.
In discharging their representative roles at the workplace level, the rights of union workplace
delegates include but are not limited to:
•
The right to be treated fairly and to perform their role as workplace delegates without any
discrimination in their employment;
•
Recognition by the agency that endorsed workplace delegates speak on behalf of their
members in the workplace;
•
The right to participate in collective bargaining on behalf of those whom they represent, as
per the Fair Work Act
•
The right to reasonable paid time to provide information to and seek feedback from
employees in the workplace on workplace relations matters at the agency during normal
working hours;
•
The right to email employees in their workplace to provide information and seek feedback,
subject to individual employees exercising a right to ‘opt out’;
•
Undertaking their role and having union representation on an agency’s workplace relations
consultative committee;
•
Reasonable access to agency facilities (including telephone, facsimile, photocopying, internet
and email facilities, meeting rooms, lunch rooms, tea rooms and other areas where employees
meet) for the purpose of carrying out work as a delegate and consulting with members and
other interested employees and the union, subject to agency policies and protocols;
•
The right to address new employees about union membership at the time they enter
employment;
•
The right to consultation, and access to relevant information about the workplace and the
agency; and
•
The right to reasonable paid time to represent the interests of members to the employer and
industrial tribunals.
In discharging any roles that may involve undertaking union business, the rights of union workplace
delegates include but are not limited to:
•
Reasonable paid time during normal working hours to consult with other delegates and union
officials in the workplace, and receive advice and assistance from union staff and officials in
the workplace;
•
Reasonable access to appropriate training in workplace relations matters including training
provided by a union;
•
Reasonable paid time off to represent union members in the agency at relevant union forums.
In exercising their rights, workplace delegates and unions will consider operational issues,
departmental policies and guidelines and the likely affect on the efficient operation of the agency and
the provision of services by the Commonwealth.
For the avoidance of doubt, elected union representatives include APS employees elected to represent
union members in representative forums, including, for example, CPSU Section Secretaries,
Governing Councillors and Section Councillors, and APESMA Government Division Committee
members.
330
FOI
From:
LLOYD,John
Sent:
Monday, 13 April 2015 5:59 PM
To:
xxxxxxx@xxx.xxx.xx
Subject:
Examples of generous arrangements in Commonwealth enterprise agreements
[SEC=UNCLASSIFIED]
Attachments:
Examples of generous arrangements in Cth enterprise agreements.docx
UNCLASSIFIED
Dear John
As discussed I attach a document that highlights some of the more generous agreement provisions applying to APS
employees.
I am free to discuss this at any time.
I am also happy to provide a quote for the article if you wished.
It would be good to catch up. I would be available this Friday 17 April from 3.30 pm or the following Friday 24 April
in the afternoon. I am scheduled to fly back from Canberra both days arriving in Melbourne early afternoon.
Regards
John Lloyd PSM l Commissioner
Australian Public Service Commission
Level 6, Aviation House, 16 Furzer Street, PHILLIP ACT 2606
P: +612 6202 3501 l
M: s. 47F
l
W: www.apsc.gov.au
From: s. 47F
Sent: Monday, 13 April 2015 5:08 PM
To: LLOYD,John
Subject: Examples of generous arrangements in Commonwealth enterprise agreements [SEC=UNCLASSIFIED]
1
331
EXAMPLES OF ‘SOFT’ ARRANGEMENTS IN COMMONWEALTH
ENTERPRISE AGREEMENTS
Overview
1. Over the past decade, APS employees have enjoyed wage increases substantially above CPI.
2. During this time, APS remuneration increases totalled 50.7 per cent, compared to CPI
increases of 31.8 per cent. That is more than most other industries.
3. In addition to these generous wages, Commonwealth public sector agreements have
accumulated other generous terms and conditions. These go beyond those provided by
minimum safety nets, often well above community standards.
Superannuation
4. Commonwealth superannuation arrangements deliver significant benefits over time compared
to what employees would receive from the Superannuation Guarantee. The employer
superannuation contribution under the Superannuation Guarantee is 9.5%. The
Commonwealth’s employer contribution to its accumulation fund is 15.4%. The following
table highlights the significant benefit this represents to Commonwealth employees.
Annual income
$60,000 $80,000
$90,000
$100,000
9.5% contribution rate
$5,700
$7,600
$8,550
$9,500
15.4% contribution rate
$9,240
$12,320
$13,860
$15,400
Additional Commonwealth
$3,540
$4,720
$5,310
$5,900
benefit
20-year benefit*
$70,800
$94,400 $106,200 $118,000
* The ‘20 year benefit’ calculation is the additional employer superannuation contribution to retirement
capital over a 20 year period, excluding additional interest/fund earnings on those amounts.
Leave entitlements
Personal/Carer’s Leave
5. The National Employment Standard guarantees an employee 10 days paid personal/carer’s
leave per annum. Leave not used is accrued.
6. The bulk of APS employees receive 15 to 18 days per annum. Some agencies have more
generous arrangements than this:
a. Department of Infrastructure:
25 days per annum
b. Attorney-General’s Department:
22 days per annum
c. 13 APS Agencies (incl. 2 Departments): 20 days per annum
Community Service Volunteer Leave
7. Some agencies provide their employees up to 5 days’ paid leave per annum (non-accruable)
to conduct volunteer work with a community organisation, provided they do not accept
payment from the organisation.
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Miscellaneous Leave
8. The CSIRO provides its employees with 4 days paid miscellaneous leave per annum,
accruable to a cap of 15 days. Employees may request to take these days whenever they wish
and managers are not allowed to refuse reasonable requests to access this leave.
9. Several agencies provide one day of paid leave per annum (non-accruable) to employees for
the purposes of moving house. i.e. employees are not expected to access their annual leave or
flex leave.
Unusual allowances and other special payments
10. Some agencies provide unusually generous entitlements for employees who travel as part of
their official duties. For example:
National Archives of Australia Enterprise Agreement
[For domestic and international travel]
Upon the presentation of receipts, an employee will be reimbursed for reasonable
additional costs for alternate care purposes and pet accommodation costs incurred
as a direct consequence of their travel on official duty.
11. Approximately 40% of APS agreements provide allowances to promote ‘health and well-
being. The majority of these allowances are less than $300 per annum. Some examples of
those which are greater:
Workplace Gender Equity Agency
229. Effective 1 July 2012, employees shall be entitled to claim reimbursement for Health,
Wellness and Fitness expenses to a maximum value of $900 each financial year (July to
June), including GST. The terms and conditions of this entitlement are specified in the EOWA
Health, Wellness and Fitness Policy.
Departments of Employment and Education and Training
To assist in the promotion of good health, the department will provide each employee with a
health related allowance to be paid as a lump sum on the first full pay period on or after
1 September each year as follows:
a. APS 1- 3 employees will receive $500
b. APS 4- EL 2 employees will receive $200.
ComSuper Agreement
54. SCHOOL HOLIDAY CARE
54.1 ComSuper will pay a school holiday care allowance to eligible employees for a
maximum of two weeks per calendar year during the July/August school holidays and between
Christmas and New Year.
54.2 School holiday care allowance is $25 gross per day for each child of school age placed
in approved child care while the parent is at work at Com Super. Where more than one parent
works for ComSuper, they must both be at work at ComSuper on a day that a claim is made
333
and only one claim per day for each child will be paid. The maximum allowance that may be
paid is $250 per Week per employee or employee couple.
54.3 An employee who is on Personal Leave due to their own injury or illness may still be
eligible for the allowance. A medical certificate will be required in support of a claim for the
allowance.
54.4 School holiday care is care provided by a service which is approved by the Department
of Families, Housing, Community Services and Indigenous Affairs to receive Child Care
Benefit payments.
54.5 Employees employed on a short term non-ongoing basis will not have access to the
allowance.
Defence Enterprise Collective Agreement
Relocation on retirement
H6.1 This provision is limited to those employees who retire, are retired, or who die shortly
after accepting an inter-city relocation, which was as a result of an organisational element of
Defence being relocated. In such circumstances, the Secretary may approve a request for
reimbursement of reasonable removal and transport expenses associated with returning the
employee and/or their spouse/partner/dependants to another locality. These provisions do not
operate to provide all employees with a retirement/death benefit, and applications made in
respect of otherwise eligible employees should be limited to:
a. compassionate grounds, such as employees who die within five years of their
relocation, where surviving dependants would be left without the support of
immediate family or close friends;
b. employees who retire within five years of a relocation, where such a provision was
provided for in that relocation package; or
c. situations in which, within five years of relocation, suitable work is no longer
available to the employee.
Australian Customs and Border Protection Service Enterprise Agreement
• Shoe and stocking allowance: $125.83 per annum
• Clothing allowance:
$711 per annum
• Employees may be reimbursed additional costs up to a maximum of $500 per annum
in accordance with the “Domestic Care Support Scheme.”
Executive Level 1 officers:
• Airline lounge membership if the employee is required to conduct any travel for
official purposes (limited to one airline)
• Business class travel for any flights over 2 hours’ duration.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
Executive Level 2 officers:
• All receive an annual ‘contact allowance’ in recognition that they may be called
outside of normal work hours.
• Can home garage of a Commonwealth vehicle (where one is available and
operationally necessary).
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• Entitlement to park at work where they elect not to home garage a Commonwealth
vehicle.
• Business class travel for any flights over 2 hours’ duration – OR – they may elect to
take an economy class flight “downgrade” and receive a second economy class ticket
so their spouse/partner can accompany them, provided any pricing gap is met by the
employee.
• Airline lounge membership if the employee is required to conduct any travel for
official purposes.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
Clauses that restrict operational decision-making
12. In addition to generous terms and conditions, many public sector agreements contain
provisions that make it difficult for agencies to respond to changing government and
community priorities.
13. An enterprise agreement requires a department that intends to change work patterns to do so
with the agreement of the employee. The department was unable to change shift rosters for
12 months, even when the work those employees were employed to do was no longer
available.
14. The Department of Human Services agreement provides extraordinarily lengthy provisions on
negotiation of working hours. The provisions also dictate in detail how the consultation will
occur in respect of changing working hours and other conditions. See
Attachment A.
15. The Australian Taxation Office Enterprise Agreement limits the ability of the ATO even to
move its employees to a new office within the same city. This is included in the agreement
even though section 25 of the
Public Service Act 1999 allows Agency Heads the unilateral
power to determine the location at which an APS employee will perform their duties.
112.2 To the fullest extent practicable the movement of employees will be on a
voluntary basis.
112.3 Hardship factors will be considered in selecting employees to move. Where the
ATO finds that the relocation would cause hardship for an employee, the ATO, as far
as reasonably practicable, will seek alternatives to relocation.
…
For moves between suburbs (including their immediate surrounds) or between the
CBD and
a suburb, employees will be given at least one month’s notice of the need for them to
move
unless the employees and the delegate agree to a shorter or longer period.
112.5 If significant relocation costs are likely to be incurred, the employee will be
entitled to one-off payment upon taking up duty in the new building;
a) for employees at or below the APS 3 level - $1047 (and $1068 from 21
June 2012, $1079 from 3 January 2013, and $1101 from 20 June 2013),
b) for employees at or above the APS 4 level $696 (and $710 from 21 June
2012, $717 from 3 January 2013, and $731 from 20 June 2013).
…
112.6 Managers may allow employees up to 3 days leave where this is necessary to
arrange personal matters associated with the move.
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16. Some enterprise agreements dictate the times at which meetings can be scheduled. An
example is the IP Australia agreement:
To assist employees to balance their work and family responsibilities, as a general principle
meetings will be scheduled to start no earlier than 9.30 am and finish by 5.00 pm.
To assist IP Australia employees meet their personal responsibilities all meetings are to be
scheduled to meet the needs of the participants. Wherever possible meetings will not
commence before 9:00am and will conclude by 5:00pm, unless otherwise agreed.
17. Some APS enterprise agreements contain arrangements that purport to restrict the use of non-
ongoing employment. For example:
Screen Australia may engage employees as fixed term employees where:
a) the specific job performed by the employee is not required to be performed on an
ongoing basis, and is associated with fixed term programs and projects;
b) the skills and experience required are either:
a. for specified periods of time; or
b. for specified tasks; or
c) industry sourced skills and experiences are required and there is an assumption that
employees will return to that industry.
Clauses that use a lot of words to say nothing of substance
18. Many APS enterprise agreements are not well-drafted. However, some have been drafted in
such a way as to make it difficult for employees or managers to understand what, if any,
entitlements they provide. For example, from the Defence Enterprise Agreement:
A2.1 To allow flexibility in decision-making, this Agreement provides a principles-based
decision making framework. The following principles underpin all provisions in this
Agreement:
a. assisting employees to balance their work and private commitments;
b. providing a safe, secure and fair environment;
c. making the most efficient use of resources and supporting sustainable
environmental management;
d. respecting and valuing diversity;
e. preventing discrimination;
f. ensuring freedom of association; and
g. behaving honestly.
A2.2 Procedural fairness is to be observed in all employment decisions, so that:
a. employees are given an opportunity to be heard and promptly advised of the
decision;
b. those hearing an employee are unbiased;
c. any decision regarding the employee is based on sufficient evidence to support the
decision; and
d. confidentiality and privacy is observed except where it would be inappropriate to
do so.
A2.3 While principles-based decision-making provides flexibility, it still requires the
application of the Defence values and APS Values in the decision-making process. The APS
Values, set out in section 10(1) of the PS Act, have evolved to reflect the greater flexibility,
efficiency and business practices required by today’s organisation. They not only shape an
ethical and productive workplace culture – they also define our legal commitment to both the
government and the people we serve. The APS Values recognise this can only be achieved
336
through trust, rather than increased procedure. Employees must, in turn, recognise that this
level of trust comes with increased responsibility, and that any breach of the APS
Values, or of the APS Code of Conduct, may result in serious penalty, or even dismissal, for
those responsible.
Defence values – PLICIT
A2.4 Defence has a framework of values that reflects the long traditions and distinctive
identities of the three Services and the APS. They underpin our corporate culture and
contribute to achieving organisational goals. The Defence values – Professionalism, Loyalty,
Integrity, Courage, Innovation and Teamwork (PLICIT) – have been formulated as a unifying
factor across all facets of Defence. The Defence values work alongside the APS Values and
the values of each of the single Services. They form the basis of the behaviours expected of all
our people and leaders (both APS and ADF) in Defence.
Guaranteed facilities for union delegates
19. Most APS agreements contain prescriptive arrangements which guarantee union delegates
access to use workplace facilities, infrastructure, technology and resources for the purposes of
carrying out their role with their union. The common arrangement included in many EAs is at
Attachment B.
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Attachment A
Department of Human Services agreement
A1 NEGOTIATION OF WORKING HOURS
A1.1 An employee and their direct supervisor will together design and reach agreement on the
employee’s working hours, genuinely negotiating where necessary. These working hours may
take the form of a pattern of ordinary hours of duty or a regular hours agreement.
A1.2 In designing or negotiating a pattern of ordinary hours or regular hours agreement, the direct
supervisor will make all reasonable efforts to accommodate an employee’s requests.
A1.3 A regular hours agreement may be requested by an employee and, if approved, will apply for
a specified period of 12 months unless a shorter period is requested by the employee.
A1.4 An employee who requests a regular hours agreement will be advised in writing of the
outcome of their request. Agreements will be jointly reviewed at the end of the period.
Processes
A1.5 In designing or negotiating a pattern of ordinary hours or regular hours agreement, the direct
supervisor and employee will take into account a balance of:
(a)
the employee’s needs and preferences; and
(b)
the capacity and needs of a team, workplace, or business line to meet its internal or
external service delivery requirements.
A1.6 A regular hours agreement will include start and finish times and lunch times.
A1.7 Where requested by the employee, a regular hours agreement will be designed to include one
or more planned day(s) off in a settlement period.
A1.8 Where a direct supervisor cannot accommodate an employee’s request in respect of a pattern
of ordinary hours or a regular hours agreement, the direct supervisor will:
(a)
discuss the reasons for the decision with the employee; and
(b)
provide written reasons for the decision, if requested by the employee.
A1.9 Where an employee and their direct supervisor cannot reach agreement on a pattern of
ordinary hours or a regular hours agreement, the employee will continue to work in
accordance with their existing pattern of ordinary hours or regular hours agreement until the
end of the current settlement period.
A1.10 At the end of the current settlement period, if agreement cannot be reached, the employee may
choose:
(a)
to work in accordance with a default regular hours option; or
(b)
to continue their existing pattern of ordinary hours or regular hours agreement for
a further settlement period, after which time the employee will work in accordance
with a default regular hours option.
A1.11 Default regular hours (for a full time employee) will apply in accordance with the options
listed below that the Secretary determines best suits the work area:
(a)
8.30am to 5.00pm with 60 minute lunch break.
(b)
commencement 15 minutes before the opening time of the workplace or 7.45am
(whichever is the later), with a lunch break of 30, 45 or 60 minutes; or
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(c)
finish 15 minutes after close of a customer contact period or 5.15pm (whichever is
the earlier), with a lunch break of 30, 45 or 60 minutes.
Variations on negotiated hours
A1.1 Employees will have at least four weeks notice for a change in arrangements unless the
employee agrees to a lesser timeframe.
A1.2 An employee may request changes to their pattern of ordinary hours or regular hours
agreement at any stage.
A1.3 The regular hours agreement may be varied, by agreement, between the Secretary and the
employee.
A1.4 The employee and their supervisor will meet and discuss the regular hours arrangements a
month before the end date of the current regular hours agreement to enable discussion on
continuing the regular hours agreement for a further 12 months or to negotiate new regular
hours arrangements.
A2 ROSTERS
A2.1 Rostering of some employees is essential to the department’s primary function of quality
service delivery. The department seeks to balance flexibility and certainty for employees and
business areas, to assist in the design of quality jobs, a better work/life balance and a healthy
and safe work environment.
A2.2 The department will, in consultation with employees and their representatives, develop and
agree a policy for rostering. This policy will include mechanisms to balance flexibility and
certainty for employees including adequate breaks.
Principles
A2.3 Rosters are designed through a process of genuine negotiation between an employee and their
team leader/manager, taking into account the agreed pattern of hours.
A2.4 Rosters will provide employees with adequate time to prepare for the day and pack up at the
end of the day, meet and plan, undertake necessary reading, participate in training and other
development activities, prepare for the introduction of changes, and include adequate breaks.
A2.5 Employees and managers are encouraged to apply local, flexible work practices where
possible to meet employee’s short term or ad hoc work/life balance needs. Managers will
make all reasonable efforts to accommodate those requests.
Application
A2.6 This clause
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(a)
workplaces or business lines (or parts thereof) that, on commencement of this
Agreement, operate on a rostered basis; and
(b)
other workplaces or business lines where the Secretary determines, in consultation
with affected employees and their representatives (under clau
se A4) will operate
on a rostered basis.
A2.7 All rostered environments as described in
Error! Reference source not found. will, at a
minimum, include provision of:
(a)
planned leave including flex time or planned days off;
(b)
start and finish times;
(c)
timing and duration of lunch and tea breaks;
339
(d)
preparation and pack up time totalling 15 minutes in a single day;
(e)
a 5 minute break after each 60 minute continuous period of screen/telephony-
based work where they are rostered to continue to perform that work for at least a
further 15 minutes. The five minute screen-based equipment break will be used to
perform other work related activities including appropriate health and well-being
activities. This time may form part of a tea break.
A2.8 The manner in which these are reflected in rosters will depend upon the rostering tool(s) used
in each business area.
A2.9 In locations where cash counting occurs, preparation and pack up time will be increased to 15
minutes preparation time and 15 minutes pack up time.
A2.10 Where rosters are generated according to national business parameters, those rosters may also
include scheduled activities and duration of those activities including:
(a)
face to face customer service;
(b)
telephone and telephone support activities;
(c)
follow-up and processing activities
(d)
training (national and local);
(e)
learning and development (in blocks of at least 30 minutes);
(f)
team and one-to-one meetings; and/or
(g)
other approved roles (such as HCO or HSR duties).
Processes
A2.11 Rosters will apply for four week periods and may be negotiated up to 12 weeks in advance.
A2.12 There are three phases in the development of rosters
(a)
identification of an employee’s working hours preferences including agreed
pattern of hours arrangements;
(b)
development of draft rosters, and initial negotiation. During the initial negotiation
phase, employees may genuinely negotiate changes with their supervisor; and
(c)
distribution of final rosters and adjustments to final rosters subject to
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Reference source not found.,
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Reference source not found..
A2.13 An employee may request changes to their roster (including scheduled activities outlined in
subclause
Error! Reference source not found.) at any stage.
A2.14 Employees are encouraged to manage their own ad hoc changes to their roster by swapping
with other employees. Agreement by the manager will not be unreasonably refused. Swaps of
scheduled activities should not reduce overall task variety for employees during the roster
period.
A2.15 Where the department needs to change rosters due to operational requirements that were
unforeseen prior to finalising the roster, the need for changes will be discussed with affected
employees at the earliest opportunity. Genuine negotiation of rosters will explore options to
meet the operational requirements and give employees reasonable notice of changes to
working hours.
A2.16 Subject to subclause
Error! Reference source not found., where changes to start or finish
times are not agreed between an employee and their supervisor, and where notice of changes
of at least 14 calendar days cannot be provided, the employee will be entitled to overtime
340
payments for hours that are worked before their previously agreed start time, or after their
previously agreed finish time.
A2.17 In the event that the department, or a workplace or business line within the department, needs
to make variations to rostering or scheduling practices, the Secretary will consult with
potentially affected employees and their representatives prior to implementing changes to
those practices.
A3 HOURS OF SERVICE DELIVERY
A3.1 The Secretary may determine hours of service delivery that will apply across the department,
or in areas of the department.
A3.2 The department may vary the hours of service delivery to meet customer demand.
A3.3 If the department needs to vary hours of service delivery or establish new or varied customer
service arrangements, and this variation will impact on the hours of duty worked by
employees, the Secretary will communicate the business need and consult with potentially
affected employees and their representatives, prior to implementing a change in service
delivery hours, in accordance with claus
e A4 of this Agreement. In conducting consultation,
the Secretary will consult on matters including, but not limited to:
(a)
staffing levels, and impacts on service levels;
(b)
security and occupational health and safety;
(c)
hours of duty, including rosters, regular hours arrangements and patterns of
ordinary hours;
(d)
child care availability, proximity, suitability and costs;
(e)
availability, safety and proximity of public transport and parking; and
(f)
other options to assist existing staff manage changed hours, including recruitment
of staff to work changed hours.
A3.4 Where the Secretary establishes new or varied service delivery hours, the Secretary will not:
(a)
design an employee’s pattern of attendance to include hours outside the
bandwidth;
(b)
compel an employee to work on public holidays; or
(c)
place an employee in a 12-hour shift arrangement;
without the employee’s consent.
A3.1 The department will not roster staff to perform external customer contact duties, other than
normal 24 hour / 7 day services, on the Saturday after Good Friday or any Saturdays that fall
within the department’s reduced activity period set out in clause
Error! Reference source
not found..
A4 CONSULTATION
A4.1 The department respects the principles of freedom of association and recognises that it is
every employee’s right to freely decide whether or not to join and be represented by a union
in workplace matters.
A4.2 Consultation means providing employees and their representatives with a bona fide
opportunity to influence a decision-maker prior to a decision being made (where possible),
and prior to the implementation of changes.
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A4.3 The Secretary will consult with potentially affected employees and their representatives in
accordance with this clau
se A4:
(a)
on the introduction of major changes (or proposed major changes) referred to in
subclau
ses A4.4 a
nd A4.5; and
(b)
on other workplace changes that will have an effect on employees referred to in
subclau
se A4.6.
Major Change
A4.4 Where a decision is made to introduce major changes in program, organisation, structure or
technology that are likely to have a significant effect on employees, the Secretary must notify
the employees who are likely to be affected by the proposed changes, and their
representatives.
A4.5 Significant effects include (but are not limited to):
(a)
termination of employment;
(b)
major changes in composition, operation or size of the department’s workforce or
in the skills required;
(c)
the elimination or diminution of job opportunities, promotion opportunities or job
tenure;
(d)
alteration in hours of work;
(e)
the need to retrain employees;
(f)
the need to relocate employees to another workplace; and
(g)
the restructuring of jobs.
Other workplace changes
A4.6 Where a workplace change that is likely to have an effect on employees (but is not a major
change) is proposed, the Secretary will notify potentially affected employees and their
representatives.
Timing of consultation
A4.7 Where a decision is made by Government, or is made outside the department, consultation
with employees prior to making the decision may not be practicable. In such cases,
consultation under this clause
A4 regarding the implementation of the decision will occur as
early as is reasonably practicable.
A4.8 In other cases, consultation with employees under this clau
se A4 will occur as early as
possible prior to making a decision.
Process
A4.9 The Secretary must consult with the employees affected and their representatives, by:
(a)
discussing the introduction of the major change or other workplace change;
(b)
discussing the effects the change is likely to have on employees and measures to
avert or mitigate the adverse effects of such changes on employees;
(c)
seeking the feedback and input of affected employees and their representatives,
about the changes or proposed changes; and
(d)
giving prompt consideration to feedback or input raised by the employees and their
representatives, in relation to the changes or proposed changes.
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A4.10 Depending on the issue for consultation and the relevant workplace or workplaces,
consultation may be general or specific, and may take the form of discussions, surveys,
working groups, project teams, consultation meetings, other co-design approaches and/or the
opportunity to make verbal or written comments.
A4.11 Local managers will consult with their employees and their representatives on local
workplace changes. Consultative arrangements may be formal or informal (for example,
standing agenda items for team meetings, committees in larger workplaces, or informal
meetings with local managers in smaller worksites). Issues raised at the local level may be
referred to a more senior manager.
A4.12 For the purpose of the discussions under subclau
se A4.9 a
nd A4.10, the employees concerned
and their representatives are to be provided in writing all relevant information about the
changes or proposed changes, including the nature of the changes proposed, the expected
effects of the changes on employees and any other matters likely to affect employees.
A4.13 The Secretary is not required to disclose confidential or commercially sensitive information to
the employees or their representatives.
A4.14 The Secretary will advise employees and their representatives about how their feedback or
input was considered in the decision-making and/or implementation process, as relevant. This
advice will be provided in writing, if requested.
Committees
A4.15 The department will establish consultative committees to consult with unions about workplace
changes at the service zone level or national level.
A4.16 Service Zone Committees (including a National Office Committee), consisting of three
management representatives and three union representatives, will meet at least three times per
year and will deal with proposed changes within the Service Zone and implementation of
Government decisions as they apply to the Service Zone. The Service Zone Committee may
escalate relevant issues to the National Consultative Committee (NCC) or a subcommittee of
the NCC.
A4.17 The NCC will consist of four management and four union representatives, will meet quarterly,
and will deal with proposed changes within the department, and implementation of
Government decisions as they apply to the department. The NCC may establish
subcommittees on an as needs basis to deal with issues that require specific attention.
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Attachment B
Principles relating to workplace delegates – Majority of APS Agreements
The role of union workplace delegates and other elected union representatives is to be respected and
facilitated.
Agencies and union workplace delegates must deal with each other in good faith.
In discharging their representative roles at the workplace level, the rights of union workplace
delegates include but are not limited to:
•
The right to be treated fairly and to perform their role as workplace delegates without any
discrimination in their employment;
•
Recognition by the agency that endorsed workplace delegates speak on behalf of their
members in the workplace;
•
The right to participate in collective bargaining on behalf of those whom they represent, as
per the Fair Work Act
•
The right to reasonable paid time to provide information to and seek feedback from
employees in the workplace on workplace relations matters at the agency during normal
working hours;
•
The right to email employees in their workplace to provide information and seek feedback,
subject to individual employees exercising a right to ‘opt out’;
•
Undertaking their role and having union representation on an agency’s workplace relations
consultative committee;
•
Reasonable access to agency facilities (including telephone, facsimile, photocopying, internet
and email facilities, meeting rooms, lunch rooms, tea rooms and other areas where employees
meet) for the purpose of carrying out work as a delegate and consulting with members and
other interested employees and the union, subject to agency policies and protocols;
•
The right to address new employees about union membership at the time they enter
employment;
•
The right to consultation, and access to relevant information about the workplace and the
agency; and
•
The right to reasonable paid time to represent the interests of members to the employer and
industrial tribunals.
In discharging any roles that may involve undertaking union business, the rights of union workplace
delegates include but are not limited to:
•
Reasonable paid time during normal working hours to consult with other delegates and union
officials in the workplace, and receive advice and assistance from union staff and officials in
the workplace;
•
Reasonable access to appropriate training in workplace relations matters including training
provided by a union;
•
Reasonable paid time off to represent union members in the agency at relevant union forums.
In exercising their rights, workplace delegates and unions will consider operational issues,
departmental policies and guidelines and the likely affect on the efficient operation of the agency and
the provision of services by the Commonwealth.
For the avoidance of doubt, elected union representatives include APS employees elected to represent
union members in representative forums, including, for example, CPSU Section Secretaries,
Governing Councillors and Section Councillors, and APESMA Government Division Committee
members.
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FOI
From:
BULL,Helen
Sent:
Monday, 13 April 2015 2:59 PM
To:
LLOYD,John
Cc:
s. 47F
Subject:
Examples of generous arrangements in Cth enterprise agreements.docx
[SEC=UNCLASSIFIED]
Attachments:
Examples of generous arrangements in Cth enterprise agreements.docx
Hi John
This is the electronic copy of the last version I sent you today.
Regards
Helen
1
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EXAMPLES OF ‘SOFT’ ARRANGEMENTS IN COMMONWEALTH
ENTERPRISE AGREEMENTS
Overview
1. Over the past decade, APS employees have enjoyed wage increases substantially above CPI.
2. During this time, APS remuneration increases totalled 50.7 per cent, compared to CPI
increases of 31.8 per cent. That is more than most other industries.
3. In addition to these generous wages, Commonwealth public sector agreements have
accumulated other generous terms and conditions. These go beyond those provided by
minimum safety nets, often well above community standards.
4. For example, Commonwealth superannuation arrangements deliver significant benefits over
time compared to what employees would receive from the Superannuation Guarantee.
Annual income
$60,000 $80,000
$90,000
$100,000
9.5% contribution rate
$5,700
$7,600
$8,550
$9,500
15.4% contribution rate
$9,240
$12,320
$13,860
$15,400
Difference (per annum)
$3,540
$4,720
$5,310
$5,900
20-year difference*
$70,800
$94,400 $106,200 $118,000
* The ‘20 year difference’ calculation is the additional employer superannuation contribution to
retirement capital over a 20 year period, excluding additional interest/fund earnings on those amounts.
5. Some Commonwealth public sector agencies have agreed to provisions that go beyond even
these generous terms and conditions. These include generous leave provisions, and
restrictions on operational decision-making.
6. Some examples of these provisions are outlined below.
Examples of generous leave entitlements
Personal/Carer’s Leave
7. The bulk of APS employees receive 15 to 18 days per annum, accruable. Some agencies have
more generous arrangements than this:
a. Department of Infrastructure:
25 days per annum, accruable
b. Attorney-General’s Department:
22 days per annum, accruable
c. 13 APS Agencies (incl. 2 Departments): 20 days per annum, accruable
Community Service Volunteer Leave
8. Some agencies provide their employees up to 5 days’ paid leave per annum (non-accruable)
to conduct volunteer work with a community organisation, provided they do not accept
payment from that organisation.
Miscellaneous Leave
9. The CSIRO provides its employees with 4 days paid miscellaneous leave per annum,
accruable to a cap of 15 days. Employees may request to take these days whenever they wish
to and managers are not allowed to refuse reasonable requests to access this leave.
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10. Several agencies provide one day of paid leave per annum (non-accruable) to employees for
the purposes of moving house. i.e. employees are not expected to access their annual leave or
flex leave instead.
Examples of unusual allowances and other special payments
11. Some agencies provide unusually generous entitlements for employees who travel as part of
their official duties. For example:
National Archives of Australia Enterprise Agreement
[For domestic and international travel]
Upon the presentation of receipts, an employee will be reimbursed for reasonable
additional costs for alternate care purposes and pet accommodation costs incurred
as a direct consequence of their travel on official duty.
12. Approximately 40% of APS agreements provide allowances to promote ‘health and well-
being. The majority of these allowance are less than $300 per annum. Some examples of
those which are greater:
Workplace Gender Equity Agency
229. Effective 1 July 2012, employees shall be entitled to claim reimbursement for Health,
Wellness and Fitness expenses to a maximum value of $900 each financial year (July to
June), including GST. The terms and conditions of this entitlement are specified in the EOWA
Health, Wellness and Fitness Policy.
Department of Education and Department of Employment (formerly one agency –
DEEWR)
To assist in the promotion of good health, the department will provide each employee with a
health related allowance to be paid as a lump sum on the first full pay period on or after
1 September each year as follows:
a. APS 1- 3 employees will receive $500
b. APS 4- EL 2 employees will receive $200.
13. Other generous/unusual allowances include provisions providing for extra money to pay for
childcare in school holidays, for example the Comsuper agreement; to be relocated on
retirement in the Defence agreement and a range of expense and travel provisions in the
Customs agreement.
Comsuper Agreement
54. SCHOOL HOLIDAY CARE
54.1 ComSuper will pay a school holiday care allowance to eligible employees for a
maximum of
two weeks per calendar year during the July/August school holidays and between Christmas
and New Year.
54.2 School holiday care allowance is $25 gross per day for each child of school age placed
in approved child care while the parent is at work at Com Super. Where more than one parent
works for ComSuper, they must both be at work at ComSuper on a day that a claim is made
347
and only one claim per day for each child will be paid. The maximum allowance that may be
paid is $250 per Week per employee or employee couple.
54.3 An employee who is on Personal Leave due to their own injury or illness may still be
eligible for the allowance. A medical certificate will be required in support of a claim for the
allowance.
54.4 School holiday care is care provided by a service which is approved by the Department
of Families, Housing, Community Services and Indigenous Affairs to receive Child Care
Benefit payments.
54.5 Employees employed on a short term non-ongoing basis will not have access to the
allowance.
Defence Enterprise Agreement
Relocation on retirement
H6.1 This provision is limited to those employees who retire, are retired, or who die shortly
after accepting an inter-city relocation, which was as a result of an organisational element of
Defence being relocated. In such circumstances, the Secretary may approve a request for
reimbursement of reasonable removal and transport expenses associated with returning the
employee and/or their spouse/partner/dependants to another locality. These provisions do not
operate to provide all employees with a retirement/death benefit, and applications made in
respect of otherwise eligible employees should be limited to:
a. compassionate grounds, such as employees who die within five years of their
relocation, where surviving dependants would be left without the support of
immediate family or close friends;
b. employees who retire within five years of a relocation, where such a provision was
provided for in that relocation package; or
c. situations in which, within five years of relocation, suitable work is no longer
available to the employee.
Australian Customs and Border Protection Service Enterprise Agreement
• Shoe and stocking allowance: $125.83 per annum
• Clothing allowance:
$711 per annum
• Employees may be reimbursed additional costs up to a maximum of $500 per annum
in accordance with the “Domestic Care Support Scheme.”
[Executive Level 1 officers]:
• Airline lounge membership if the employee is required to conduct any travel for
official purposes (limited to one airline)
• Business class travel for any flights over 2 hours’ duration.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
[Executive Level 2 officers]:
• All receive an annual ‘contact allowance’ in recognition that they may be called
outside of normal work hours.
• Can home garage of a Commonwealth vehicle (where one is available and
operationally necessary).
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• Entitlement to park at work where they elect not to home garage a Commonwealth
vehicle.
• Business class travel for any flights over 2 hours’ duration – OR – they may elect to
take an economy class flight “downgrade” and receive a second economy class ticket
so their spouse/partner can accompany them; providing any pricing gap is met by the
employee.
• Airline lounge membership if the employee is required to conduct any travel for
official purposes.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
Clauses that restrict operational decision-making
14. In addition to generous terms and conditions, many public sector agreements contain
provisions that make it difficult for agencies to respond to changing government and
community priorities.
a. One Department reports that, due to a requirement in their enterprise agreement that
any change to working patterns be with the agreement of the employee, they were
unable to change shift rosters for 12 months, even when the work those employees
were employed to do was no longer available.
b. The Department of Human Services agreement provides lengthy provisions on
negotiation of working hours. There are also lengthy provisions on consultation,
including provisions that dictate how consultation will occur. (see Attachment A).
c. The Australian Taxation Office Enterprise Agreement limits the ability of the ATO
even to move its employees to a new office within the same city. This has been
included in the agreement even though section 25 of the Public Service Act allows
Agency Head’s the unilateral power to determine the place or places that an APS
employee will perform their duties.
112.2 To the fullest extent practicable the movement of employees will be on a voluntary
basis.
112.3 Hardship factors will be considered in selecting employees to move. Where the ATO
finds that the relocation would cause hardship for an employee, the ATO, as far as
reasonably practicable, will seek alternatives to relocation.
…
For moves between suburbs (including their immediate surrounds) or between the CBD and
a suburb, employees will be given at least one month’s notice of the need for them to move
unless the employees and the delegate agree to a shorter or longer period.
112.5 If significant relocation costs are likely to be incurred, the employee will be entitled to
one-off payment upon taking up duty in the new building;
a) for employees at or below the APS 3 level - $1047 (and $1068 from 21 June 2012,
$1079 from 3 January 2013, and $1101 from 20 June 2013),
b) for employees at or above the APS 4 level $696 (and $710 from 21 June 2012,
$717 from 3 January 2013, and $731 from 20 June 2013).
…
112.6 Managers may allow employees up to 3 days leave where this is necessary to arrange
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personal matters associated with the move.
15. Some enterprise agreements even dictate the times at which meetings can be scheduled. An
example from the IP Australia agreement:
To assist employees to balance their work and family responsibilities, as a general principle
meetings will be scheduled to start no earlier than 9.30 am and finish by 5.00 pm.
To assist IP Australia employees meet their personal responsibilities all meetings are to be
scheduled to meet the needs of the participants. Wherever possible meetings will not
commence before 9:00am and will conclude by 5:00pm, unless otherwise agreed.
16. Some APS enterprise agreements also contain arrangements that purport to restrict the use of
non-ongoing employment. For example:
Screen Australia may engage employees as fixed term employees where:
a) the specific job performed by the employee is not required to be performed on an
ongoing basis, and is associated with fixed term programs and projects;
b) the skills and experience required are either:
a. for specified periods of time; or
b. for specified tasks; or
c) industry sourced skills and experiences are required and there is an assumption that
employees will return to that industry.
Clauses that use a lot of words to say nothing of substance
17. Many APS enterprise agreements are not well-drafted. However, some have been drafted in
such a way as to make it difficult for employees or managers to understand what, if any,
entitlements they provide. For example, from the Defence Enterprise Agreement:
A2.1 To allow flexibility in decision-making, this Agreement provides a principles-based
decision making framework. The following principles underpin all provisions in this
Agreement:
a. assisting employees to balance their work and private commitments;
b. providing a safe, secure and fair environment;
c. making the most efficient use of resources and supporting sustainable
environmental management;
d. respecting and valuing diversity;
e. preventing discrimination;
f. ensuring freedom of association; and
g. behaving honestly.
A2.2 Procedural fairness is to be observed in all employment decisions, so that:
a. employees are given an opportunity to be heard and promptly advised of the
decision;
b. those hearing an employee are unbiased;
c. any decision regarding the employee is based on sufficient evidence to support the
decision; and
d. confidentiality and privacy is observed except where it would be inappropriate to
do so.
A2.3 While principles-based decision-making provides flexibility, it still requires the
application of the Defence values and APS Values in the decision-making process. The APS
Values, set out in section 10(1) of the PS Act, have evolved to reflect the greater flexibility,
efficiency and business practices required by today’s organisation. They not only shape an
ethical and productive workplace culture – they also define our legal commitment to both the
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government and the people we serve. The APS Values recognise this can only be achieved
through trust, rather than increased procedure. Employees must, in turn, recognise that this
level of trust comes with increased responsibility, and that any breach of the APS
Values, or of the APS Code of Conduct, may result in serious penalty, or even dismissal, for
those responsible.
Defence values – PLICIT
A2.4 Defence has a framework of values that reflects the long traditions and distinctive
identities of the three Services and the APS. They underpin our corporate culture and
contribute to achieving organisational goals. The Defence values – Professionalism, Loyalty,
Integrity, Courage, Innovation and Teamwork (PLICIT) – have been formulated as a unifying
factor across all facets of Defence. The Defence values work alongside the APS Values and
the values of each of the single Services. They form the basis of the behaviours expected of all
our people and leaders (both APS and ADF) in Defence.
Guaranteed facilities for union delegates
18. Most APS agreements contain prescriptive arrangements which guarantee union delegates
access to use workplace facilities, infrastructure, technology and resources for the purposes of
carrying out their role with their union. The common arrangement included in many EAs is at
Attachment A.
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Attachment A
Department of Human Services agreement
A1 NEGOTIATION OF WORKING HOURS
A1.1 An employee and their direct supervisor will together design and reach agreement on the
employee’s working hours, genuinely negotiating where necessary. These working hours may
take the form of a pattern of ordinary hours of duty or a regular hours agreement.
A1.2 In designing or negotiating a pattern of ordinary hours or regular hours agreement, the direct
supervisor will make all reasonable efforts to accommodate an employee’s requests.
A1.3 A regular hours agreement may be requested by an employee and, if approved, will apply for
a specified period of 12 months unless a shorter period is requested by the employee.
A1.4 An employee who requests a regular hours agreement will be advised in writing of the
outcome of their request. Agreements will be jointly reviewed at the end of the period.
Processes
A1.5 In designing or negotiating a pattern of ordinary hours or regular hours agreement, the direct
supervisor and employee will take into account a balance of:
(a)
the employee’s needs and preferences; and
(b)
the capacity and needs of a team, workplace, or business line to meet its internal or
external service delivery requirements.
A1.6 A regular hours agreement will include start and finish times and lunch times.
A1.7 Where requested by the employee, a regular hours agreement will be designed to include one
or more planned day(s) off in a settlement period.
A1.8 Where a direct supervisor cannot accommodate an employee’s request in respect of a pattern
of ordinary hours or a regular hours agreement, the direct supervisor will:
(a)
discuss the reasons for the decision with the employee; and
(b)
provide written reasons for the decision, if requested by the employee.
A1.9 Where an employee and their direct supervisor cannot reach agreement on a pattern of
ordinary hours or a regular hours agreement, the employee will continue to work in
accordance with their existing pattern of ordinary hours or regular hours agreement until the
end of the current settlement period.
A1.10 At the end of the current settlement period, if agreement cannot be reached, the employee may
choose:
(a)
to work in accordance with a default regular hours option; or
(b)
to continue their existing pattern of ordinary hours or regular hours agreement for
a further settlement period, after which time the employee will work in accordance
with a default regular hours option.
A1.11 Default regular hours (for a full time employee) will apply in accordance with the options
listed below that the Secretary determines best suits the work area:
(a)
8.30am to 5.00pm with 60 minute lunch break.
(b)
commencement 15 minutes before the opening time of the workplace or 7.45am
(whichever is the later), with a lunch break of 30, 45 or 60 minutes; or
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(c)
finish 15 minutes after close of a customer contact period or 5.15pm (whichever is
the earlier), with a lunch break of 30, 45 or 60 minutes.
Variations on negotiated hours
A1.1 Employees will have at least four weeks notice for a change in arrangements unless the
employee agrees to a lesser timeframe.
A1.2 An employee may request changes to their pattern of ordinary hours or regular hours
agreement at any stage.
A1.3 The regular hours agreement may be varied, by agreement, between the Secretary and the
employee.
A1.4 The employee and their supervisor will meet and discuss the regular hours arrangements a
month before the end date of the current regular hours agreement to enable discussion on
continuing the regular hours agreement for a further 12 months or to negotiate new regular
hours arrangements.
A2 ROSTERS
A2.1 Rostering of some employees is essential to the department’s primary function of quality
service delivery. The department seeks to balance flexibility and certainty for employees and
business areas, to assist in the design of quality jobs, a better work/life balance and a healthy
and safe work environment.
A2.2 The department will, in consultation with employees and their representatives, develop and
agree a policy for rostering. This policy will include mechanisms to balance flexibility and
certainty for employees including adequate breaks.
Principles
A2.3 Rosters are designed through a process of genuine negotiation between an employee and their
team leader/manager, taking into account the agreed pattern of hours.
A2.4 Rosters will provide employees with adequate time to prepare for the day and pack up at the
end of the day, meet and plan, undertake necessary reading, participate in training and other
development activities, prepare for the introduction of changes, and include adequate breaks.
A2.5 Employees and managers are encouraged to apply local, flexible work practices where
possible to meet employee’s short term or ad hoc work/life balance needs. Managers will
make all reasonable efforts to accommodate those requests.
Application
A2.6 This clause
Error! Reference source not found. will apply to:
(a)
workplaces or business lines (or parts thereof) that, on commencement of this
Agreement, operate on a rostered basis; and
(b)
other workplaces or business lines where the Secretary determines, in consultation
with affected employees and their representatives (under clau
se A4) will operate
on a rostered basis.
A2.7 All rostered environments as described in
Error! Reference source not found. will, at a
minimum, include provision of:
(a)
planned leave including flex time or planned days off;
(b)
start and finish times;
(c)
timing and duration of lunch and tea breaks;
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(d)
preparation and pack up time totalling 15 minutes in a single day;
(e)
a 5 minute break after each 60 minute continuous period of screen/telephony-
based work where they are rostered to continue to perform that work for at least a
further 15 minutes. The five minute screen-based equipment break will be used to
perform other work related activities including appropriate health and well-being
activities. This time may form part of a tea break.
A2.8 The manner in which these are reflected in rosters will depend upon the rostering tool(s) used
in each business area.
A2.9 In locations where cash counting occurs, preparation and pack up time will be increased to 15
minutes preparation time and 15 minutes pack up time.
A2.10 Where rosters are generated according to national business parameters, those rosters may also
include scheduled activities and duration of those activities including:
(a)
face to face customer service;
(b)
telephone and telephone support activities;
(c)
follow-up and processing activities
(d)
training (national and local);
(e)
learning and development (in blocks of at least 30 minutes);
(f)
team and one-to-one meetings; and/or
(g)
other approved roles (such as HCO or HSR duties).
Processes
A2.11 Rosters will apply for four week periods and may be negotiated up to 12 weeks in advance.
A2.12 There are three phases in the development of rosters
(a)
identification of an employee’s working hours preferences including agreed
pattern of hours arrangements;
(b)
development of draft rosters, and initial negotiation. During the initial negotiation
phase, employees may genuinely negotiate changes with their supervisor; and
(c)
distribution of final rosters and adjustments to final rosters subject to
Error!
Reference source not found.,
Error! Reference source not found. and
Error!
Reference source not found..
A2.13 An employee may request changes to their roster (including scheduled activities outlined in
subclause
Error! Reference source not found.) at any stage.
A2.14 Employees are encouraged to manage their own ad hoc changes to their roster by swapping
with other employees. Agreement by the manager will not be unreasonably refused. Swaps of
scheduled activities should not reduce overall task variety for employees during the roster
period.
A2.15 Where the department needs to change rosters due to operational requirements that were
unforeseen prior to finalising the roster, the need for changes will be discussed with affected
employees at the earliest opportunity. Genuine negotiation of rosters will explore options to
meet the operational requirements and give employees reasonable notice of changes to
working hours.
A2.16 Subject to subclause
Error! Reference source not found., where changes to start or finish
times are not agreed between an employee and their supervisor, and where notice of changes
of at least 14 calendar days cannot be provided, the employee will be entitled to overtime
354
payments for hours that are worked before their previously agreed start time, or after their
previously agreed finish time.
A2.17 In the event that the department, or a workplace or business line within the department, needs
to make variations to rostering or scheduling practices, the Secretary will consult with
potentially affected employees and their representatives prior to implementing changes to
those practices.
A3 HOURS OF SERVICE DELIVERY
A3.1 The Secretary may determine hours of service delivery that will apply across the department,
or in areas of the department.
A3.2 The department may vary the hours of service delivery to meet customer demand.
A3.3 If the department needs to vary hours of service delivery or establish new or varied customer
service arrangements, and this variation will impact on the hours of duty worked by
employees, the Secretary will communicate the business need and consult with potentially
affected employees and their representatives, prior to implementing a change in service
delivery hours, in accordance with claus
e A4 of this Agreement. In conducting consultation,
the Secretary will consult on matters including, but not limited to:
(a)
staffing levels, and impacts on service levels;
(b)
security and occupational health and safety;
(c)
hours of duty, including rosters, regular hours arrangements and patterns of
ordinary hours;
(d)
child care availability, proximity, suitability and costs;
(e)
availability, safety and proximity of public transport and parking; and
(f)
other options to assist existing staff manage changed hours, including recruitment
of staff to work changed hours.
A3.4 Where the Secretary establishes new or varied service delivery hours, the Secretary will not:
(a)
design an employee’s pattern of attendance to include hours outside the
bandwidth;
(b)
compel an employee to work on public holidays; or
(c)
place an employee in a 12-hour shift arrangement;
without the employee’s consent.
A3.1 The department will not roster staff to perform external customer contact duties, other than
normal 24 hour / 7 day services, on the Saturday after Good Friday or any Saturdays that fall
within the department’s reduced activity period set out in clause
Error! Reference source
not found..
A4 CONSULTATION
A4.1 The department respects the principles of freedom of association and recognises that it is
every employee’s right to freely decide whether or not to join and be represented by a union
in workplace matters.
A4.2 Consultation means providing employees and their representatives with a bona fide
opportunity to influence a decision-maker prior to a decision being made (where possible),
and prior to the implementation of changes.
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A4.3 The Secretary will consult with potentially affected employees and their representatives in
accordance with this clau
se A4:
(a)
on the introduction of major changes (or proposed major changes) referred to in
subclau
ses A4.4 a
nd A4.5; and
(b)
on other workplace changes that will have an effect on employees referred to in
subclau
se A4.6.
Major Change
A4.4 Where a decision is made to introduce major changes in program, organisation, structure or
technology that are likely to have a significant effect on employees, the Secretary must notify
the employees who are likely to be affected by the proposed changes, and their
representatives.
A4.5 Significant effects include (but are not limited to):
(a)
termination of employment;
(b)
major changes in composition, operation or size of the department’s workforce or
in the skills required;
(c)
the elimination or diminution of job opportunities, promotion opportunities or job
tenure;
(d)
alteration in hours of work;
(e)
the need to retrain employees;
(f)
the need to relocate employees to another workplace; and
(g)
the restructuring of jobs.
Other workplace changes
A4.6 Where a workplace change that is likely to have an effect on employees (but is not a major
change) is proposed, the Secretary will notify potentially affected employees and their
representatives.
Timing of consultation
A4.7 Where a decision is made by Government, or is made outside the department, consultation
with employees prior to making the decision may not be practicable. In such cases,
consultation under this clause
A4 regarding the implementation of the decision will occur as
early as is reasonably practicable.
A4.8 In other cases, consultation with employees under this clau
se A4 will occur as early as
possible prior to making a decision.
Process
A4.9 The Secretary must consult with the employees affected and their representatives, by:
(a)
discussing the introduction of the major change or other workplace change;
(b)
discussing the effects the change is likely to have on employees and measures to
avert or mitigate the adverse effects of such changes on employees;
(c)
seeking the feedback and input of affected employees and their representatives,
about the changes or proposed changes; and
(d)
giving prompt consideration to feedback or input raised by the employees and their
representatives, in relation to the changes or proposed changes.
356
A4.10 Depending on the issue for consultation and the relevant workplace or workplaces,
consultation may be general or specific, and may take the form of discussions, surveys,
working groups, project teams, consultation meetings, other co-design approaches and/or the
opportunity to make verbal or written comments.
A4.11 Local managers will consult with their employees and their representatives on local
workplace changes. Consultative arrangements may be formal or informal (for example,
standing agenda items for team meetings, committees in larger workplaces, or informal
meetings with local managers in smaller worksites). Issues raised at the local level may be
referred to a more senior manager.
A4.12 For the purpose of the discussions under subclause
A4.9 a
nd A4.10, the employees concerned
and their representatives are to be provided in writing all relevant information about the
changes or proposed changes, including the nature of the changes proposed, the expected
effects of the changes on employees and any other matters likely to affect employees.
A4.13 The Secretary is not required to disclose confidential or commercially sensitive information to
the employees or their representatives.
A4.14 The Secretary will advise employees and their representatives about how their feedback or
input was considered in the decision-making and/or implementation process, as relevant. This
advice will be provided in writing, if requested.
Committees
A4.15 The department will establish consultative committees to consult with unions about workplace
changes at the service zone level or national level.
A4.16 Service Zone Committees (including a National Office Committee), consisting of three
management representatives and three union representatives, will meet at least three times per
year and will deal with proposed changes within the Service Zone and implementation of
Government decisions as they apply to the Service Zone. The Service Zone Committee may
escalate relevant issues to the National Consultative Committee (NCC) or a subcommittee of
the NCC.
A4.17 The NCC will consist of four management and four union representatives, will meet quarterly,
and will deal with proposed changes within the department, and implementation of
Government decisions as they apply to the department. The NCC may establish
subcommittees on an as needs basis to deal with issues that require specific attention.
Principles relating to workplace delegates – Majority of APS Agreements
The role of union workplace delegates and other elected union representatives is to be respected and
facilitated.
Agencies and union workplace delegates must deal with each other in good faith.
In discharging their representative roles at the workplace level, the rights of union workplace
delegates include but are not limited to:
•
The right to be treated fairly and to perform their role as workplace delegates without any
discrimination in their employment;
•
Recognition by the agency that endorsed workplace delegates speak on behalf of their
members in the workplace;
•
The right to participate in collective bargaining on behalf of those whom they represent, as
per the Fair Work Act
•
The right to reasonable paid time to provide information to and seek feedback from
employees in the workplace on workplace relations matters at the agency during normal
working hours;
357
•
The right to email employees in their workplace to provide information and seek feedback,
subject to individual employees exercising a right to ‘opt out’;
•
Undertaking their role and having union representation on an agency’s workplace relations
consultative committee;
•
Reasonable access to agency facilities (including telephone, facsimile, photocopying, internet
and email facilities, meeting rooms, lunch rooms, tea rooms and other areas where employees
meet) for the purpose of carrying out work as a delegate and consulting with members and
other interested employees and the union, subject to agency policies and protocols;
•
The right to address new employees about union membership at the time they enter
employment;
•
The right to consultation, and access to relevant information about the workplace and the
agency; and
•
The right to reasonable paid time to represent the interests of members to the employer and
industrial tribunals.
In discharging any roles that may involve undertaking union business, the rights of union workplace
delegates include but are not limited to:
•
Reasonable paid time during normal working hours to consult with other delegates and union
officials in the workplace, and receive advice and assistance from union staff and officials in
the workplace;
•
Reasonable access to appropriate training in workplace relations matters including training
provided by a union;
•
Reasonable paid time off to represent union members in the agency at relevant union forums.
In exercising their rights, workplace delegates and unions will consider operational issues,
departmental policies and guidelines and the likely affect on the efficient operation of the agency and
the provision of services by the Commonwealth.
For the avoidance of doubt, elected union representatives include APS employees elected to represent
union members in representative forums, including, for example, CPSU Section Secretaries,
Governing Councillors and Section Councillors, and APESMA Government Division Committee
members.
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FOI
From:
LLOYD,John
Sent:
Thursday, 28 May 2015 2:59 PM
To:
s. 47F
Subject:
FW: Examples of generous arrangements in Commonwealth enterprise agreements
[SEC=UNCLASSIFIED]
Attachments:
Examples of generous arrangements in Cth enterprise agreements.docx
John Lloyd PSM l Commissioner
Australian Public Service Commission
Level 6, Aviation House, 16 Furzer Street, PHILLIP ACT 2606
P: +612 6202 3501 l
W: www.apsc.gov.au
From: LLOYD,John
Sent: Monday, 13 April 2015 5:59 PM
To: xxxxxxx@xxx.xxx.xx
Subject: Examples of generous arrangements in Commonwealth enterprise agreements [SEC=UNCLASSIFIED]
UNCLASSIFIED
Dear John
As discussed I attach a document that highlights some of the more generous agreement provisions applying to APS
employees.
I am free to discuss this at any time.
I am also happy to provide a quote for the article if you wished.
It would be good to catch up. I would be available this Friday 17 April from 3.30 pm or the following Friday 24 April
in the afternoon. I am scheduled to fly back from Canberra both days arriving in Melbourne early afternoon.
Regards
John Lloyd PSM l Commissioner
Australian Public Service Commission
Level 6, Aviation House, 16 Furzer Street, PHILLIP ACT 2606
P: +612 6202 3501 l
M: s. 47F
l
W: www.apsc.gov.au
From: s. 47F
Sent: Monday, 13 April 2015 5:08 PM
To: LLOYD,John
Subject: Examples of generous arrangements in Commonwealth enterprise agreements [SEC=UNCLASSIFIED]
1
373
EXAMPLES OF ‘SOFT’ ARRANGEMENTS IN COMMONWEALTH
ENTERPRISE AGREEMENTS
Overview
1. Over the past decade, APS employees have enjoyed wage increases substantially above CPI.
2. During this time, APS remuneration increases totalled 50.7 per cent, compared to CPI
increases of 31.8 per cent. That is more than most other industries.
3. In addition to these generous wages, Commonwealth public sector agreements have
accumulated other generous terms and conditions. These go beyond those provided by
minimum safety nets, often well above community standards.
Superannuation
4. Commonwealth superannuation arrangements deliver significant benefits over time compared
to what employees would receive from the Superannuation Guarantee. The employer
superannuation contribution under the Superannuation Guarantee is 9.5%. The
Commonwealth’s employer contribution to its accumulation fund is 15.4%. The following
table highlights the significant benefit this represents to Commonwealth employees.
Annual income
$60,000 $80,000
$90,000
$100,000
9.5% contribution rate
$5,700
$7,600
$8,550
$9,500
15.4% contribution rate
$9,240
$12,320
$13,860
$15,400
Additional Commonwealth
$3,540
$4,720
$5,310
$5,900
benefit
20-year benefit*
$70,800
$94,400 $106,200 $118,000
* The ‘20 year benefit’ calculation is the additional employer superannuation contribution to retirement
capital over a 20 year period, excluding additional interest/fund earnings on those amounts.
Leave entitlements
Personal/Carer’s Leave
5. The National Employment Standard guarantees an employee 10 days paid personal/carer’s
leave per annum. Leave not used is accrued.
6. The bulk of APS employees receive 15 to 18 days per annum. Some agencies have more
generous arrangements than this:
a. Department of Infrastructure:
25 days per annum
b. Attorney-General’s Department:
22 days per annum
c. 13 APS Agencies (incl. 2 Departments): 20 days per annum
Community Service Volunteer Leave
7. Some agencies provide their employees up to 5 days’ paid leave per annum (non-accruable)
to conduct volunteer work with a community organisation, provided they do not accept
payment from the organisation.
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Miscellaneous Leave
8. The CSIRO provides its employees with 4 days paid miscellaneous leave per annum,
accruable to a cap of 15 days. Employees may request to take these days whenever they wish
and managers are not allowed to refuse reasonable requests to access this leave.
9. Several agencies provide one day of paid leave per annum (non-accruable) to employees for
the purposes of moving house. i.e. employees are not expected to access their annual leave or
flex leave.
Unusual allowances and other special payments
10. Some agencies provide unusually generous entitlements for employees who travel as part of
their official duties. For example:
National Archives of Australia Enterprise Agreement
[For domestic and international travel]
Upon the presentation of receipts, an employee will be reimbursed for reasonable
additional costs for alternate care purposes and pet accommodation costs incurred
as a direct consequence of their travel on official duty.
11. Approximately 40% of APS agreements provide allowances to promote ‘health and well-
being. The majority of these allowances are less than $300 per annum. Some examples of
those which are greater:
Workplace Gender Equity Agency
229. Effective 1 July 2012, employees shall be entitled to claim reimbursement for Health,
Wellness and Fitness expenses to a maximum value of $900 each financial year (July to
June), including GST. The terms and conditions of this entitlement are specified in the EOWA
Health, Wellness and Fitness Policy.
Departments of Employment and Education and Training
To assist in the promotion of good health, the department will provide each employee with a
health related allowance to be paid as a lump sum on the first full pay period on or after
1 September each year as follows:
a. APS 1- 3 employees will receive $500
b. APS 4- EL 2 employees will receive $200.
ComSuper Agreement
54. SCHOOL HOLIDAY CARE
54.1 ComSuper will pay a school holiday care allowance to eligible employees for a
maximum of two weeks per calendar year during the July/August school holidays and between
Christmas and New Year.
54.2 School holiday care allowance is $25 gross per day for each child of school age placed
in approved child care while the parent is at work at Com Super. Where more than one parent
works for ComSuper, they must both be at work at ComSuper on a day that a claim is made
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and only one claim per day for each child will be paid. The maximum allowance that may be
paid is $250 per Week per employee or employee couple.
54.3 An employee who is on Personal Leave due to their own injury or illness may still be
eligible for the allowance. A medical certificate will be required in support of a claim for the
allowance.
54.4 School holiday care is care provided by a service which is approved by the Department
of Families, Housing, Community Services and Indigenous Affairs to receive Child Care
Benefit payments.
54.5 Employees employed on a short term non-ongoing basis will not have access to the
allowance.
Defence Enterprise Collective Agreement
Relocation on retirement
H6.1 This provision is limited to those employees who retire, are retired, or who die shortly
after accepting an inter-city relocation, which was as a result of an organisational element of
Defence being relocated. In such circumstances, the Secretary may approve a request for
reimbursement of reasonable removal and transport expenses associated with returning the
employee and/or their spouse/partner/dependants to another locality. These provisions do not
operate to provide all employees with a retirement/death benefit, and applications made in
respect of otherwise eligible employees should be limited to:
a. compassionate grounds, such as employees who die within five years of their
relocation, where surviving dependants would be left without the support of
immediate family or close friends;
b. employees who retire within five years of a relocation, where such a provision was
provided for in that relocation package; or
c. situations in which, within five years of relocation, suitable work is no longer
available to the employee.
Australian Customs and Border Protection Service Enterprise Agreement
• Shoe and stocking allowance: $125.83 per annum
• Clothing allowance:
$711 per annum
• Employees may be reimbursed additional costs up to a maximum of $500 per annum
in accordance with the “Domestic Care Support Scheme.”
Executive Level 1 officers:
• Airline lounge membership if the employee is required to conduct any travel for
official purposes (limited to one airline)
• Business class travel for any flights over 2 hours’ duration.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
Executive Level 2 officers:
• All receive an annual ‘contact allowance’ in recognition that they may be called
outside of normal work hours.
• Can home garage of a Commonwealth vehicle (where one is available and
operationally necessary).
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• Entitlement to park at work where they elect not to home garage a Commonwealth
vehicle.
• Business class travel for any flights over 2 hours’ duration – OR – they may elect to
take an economy class flight “downgrade” and receive a second economy class ticket
so their spouse/partner can accompany them, provided any pricing gap is met by the
employee.
• Airline lounge membership if the employee is required to conduct any travel for
official purposes.
• Entitlement to a minimum of four days’ paid absence per year without deduction
from leave credits.
Clauses that restrict operational decision-making
12. In addition to generous terms and conditions, many public sector agreements contain
provisions that make it difficult for agencies to respond to changing government and
community priorities.
13. An enterprise agreement requires a department that intends to change work patterns to do so
with the agreement of the employee. The department was unable to change shift rosters for
12 months, even when the work those employees were employed to do was no longer
available.
14. The Department of Human Services agreement provides extraordinarily lengthy provisions on
negotiation of working hours. The provisions also dictate in detail how the consultation will
occur in respect of changing working hours and other conditions. See
Attachment A.
15. The Australian Taxation Office Enterprise Agreement limits the ability of the ATO even to
move its employees to a new office within the same city. This is included in the agreement
even though section 25 of the
Public Service Act 1999 allows Agency Heads the unilateral
power to determine the location at which an APS employee will perform their duties.
112.2 To the fullest extent practicable the movement of employees will be on a
voluntary basis.
112.3 Hardship factors will be considered in selecting employees to move. Where the
ATO finds that the relocation would cause hardship for an employee, the ATO, as far
as reasonably practicable, will seek alternatives to relocation.
…
For moves between suburbs (including their immediate surrounds) or between the
CBD and
a suburb, employees will be given at least one month’s notice of the need for them to
move
unless the employees and the delegate agree to a shorter or longer period.
112.5 If significant relocation costs are likely to be incurred, the employee will be
entitled to one-off payment upon taking up duty in the new building;
a) for employees at or below the APS 3 level - $1047 (and $1068 from 21
June 2012, $1079 from 3 January 2013, and $1101 from 20 June 2013),
b) for employees at or above the APS 4 level $696 (and $710 from 21 June
2012, $717 from 3 January 2013, and $731 from 20 June 2013).
…
112.6 Managers may allow employees up to 3 days leave where this is necessary to
arrange personal matters associated with the move.
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16. Some enterprise agreements dictate the times at which meetings can be scheduled. An
example is the IP Australia agreement:
To assist employees to balance their work and family responsibilities, as a general principle
meetings will be scheduled to start no earlier than 9.30 am and finish by 5.00 pm.
To assist IP Australia employees meet their personal responsibilities all meetings are to be
scheduled to meet the needs of the participants. Wherever possible meetings will not
commence before 9:00am and will conclude by 5:00pm, unless otherwise agreed.
17. Some APS enterprise agreements contain arrangements that purport to restrict the use of non-
ongoing employment. For example:
Screen Australia may engage employees as fixed term employees where:
a) the specific job performed by the employee is not required to be performed on an
ongoing basis, and is associated with fixed term programs and projects;
b) the skills and experience required are either:
a. for specified periods of time; or
b. for specified tasks; or
c) industry sourced skills and experiences are required and there is an assumption that
employees will return to that industry.
Clauses that use a lot of words to say nothing of substance
18. Many APS enterprise agreements are not well-drafted. However, some have been drafted in
such a way as to make it difficult for employees or managers to understand what, if any,
entitlements they provide. For example, from the Defence Enterprise Agreement:
A2.1 To allow flexibility in decision-making, this Agreement provides a principles-based
decision making framework. The following principles underpin all provisions in this
Agreement:
a. assisting employees to balance their work and private commitments;
b. providing a safe, secure and fair environment;
c. making the most efficient use of resources and supporting sustainable
environmental management;
d. respecting and valuing diversity;
e. preventing discrimination;
f. ensuring freedom of association; and
g. behaving honestly.
A2.2 Procedural fairness is to be observed in all employment decisions, so that:
a. employees are given an opportunity to be heard and promptly advised of the
decision;
b. those hearing an employee are unbiased;
c. any decision regarding the employee is based on sufficient evidence to support the
decision; and
d. confidentiality and privacy is observed except where it would be inappropriate to
do so.
A2.3 While principles-based decision-making provides flexibility, it still requires the
application of the Defence values and APS Values in the decision-making process. The APS
Values, set out in section 10(1) of the PS Act, have evolved to reflect the greater flexibility,
efficiency and business practices required by today’s organisation. They not only shape an
ethical and productive workplace culture – they also define our legal commitment to both the
government and the people we serve. The APS Values recognise this can only be achieved
378
through trust, rather than increased procedure. Employees must, in turn, recognise that this
level of trust comes with increased responsibility, and that any breach of the APS
Values, or of the APS Code of Conduct, may result in serious penalty, or even dismissal, for
those responsible.
Defence values – PLICIT
A2.4 Defence has a framework of values that reflects the long traditions and distinctive
identities of the three Services and the APS. They underpin our corporate culture and
contribute to achieving organisational goals. The Defence values – Professionalism, Loyalty,
Integrity, Courage, Innovation and Teamwork (PLICIT) – have been formulated as a unifying
factor across all facets of Defence. The Defence values work alongside the APS Values and
the values of each of the single Services. They form the basis of the behaviours expected of all
our people and leaders (both APS and ADF) in Defence.
Guaranteed facilities for union delegates
19. Most APS agreements contain prescriptive arrangements which guarantee union delegates
access to use workplace facilities, infrastructure, technology and resources for the purposes of
carrying out their role with their union. The common arrangement included in many EAs is at
Attachment B.
379
Attachment A
Department of Human Services agreement
A1 NEGOTIATION OF WORKING HOURS
A1.1 An employee and their direct supervisor will together design and reach agreement on the
employee’s working hours, genuinely negotiating where necessary. These working hours may
take the form of a pattern of ordinary hours of duty or a regular hours agreement.
A1.2 In designing or negotiating a pattern of ordinary hours or regular hours agreement, the direct
supervisor will make all reasonable efforts to accommodate an employee’s requests.
A1.3 A regular hours agreement may be requested by an employee and, if approved, will apply for
a specified period of 12 months unless a shorter period is requested by the employee.
A1.4 An employee who requests a regular hours agreement will be advised in writing of the
outcome of their request. Agreements will be jointly reviewed at the end of the period.
Processes
A1.5 In designing or negotiating a pattern of ordinary hours or regular hours agreement, the direct
supervisor and employee will take into account a balance of:
(a)
the employee’s needs and preferences; and
(b)
the capacity and needs of a team, workplace, or business line to meet its internal or
external service delivery requirements.
A1.6 A regular hours agreement will include start and finish times and lunch times.
A1.7 Where requested by the employee, a regular hours agreement will be designed to include one
or more planned day(s) off in a settlement period.
A1.8 Where a direct supervisor cannot accommodate an employee’s request in respect of a pattern
of ordinary hours or a regular hours agreement, the direct supervisor will:
(a)
discuss the reasons for the decision with the employee; and
(b)
provide written reasons for the decision, if requested by the employee.
A1.9 Where an employee and their direct supervisor cannot reach agreement on a pattern of
ordinary hours or a regular hours agreement, the employee will continue to work in
accordance with their existing pattern of ordinary hours or regular hours agreement until the
end of the current settlement period.
A1.10 At the end of the current settlement period, if agreement cannot be reached, the employee may
choose:
(a)
to work in accordance with a default regular hours option; or
(b)
to continue their existing pattern of ordinary hours or regular hours agreement for
a further settlement period, after which time the employee will work in accordance
with a default regular hours option.
A1.11 Default regular hours (for a full time employee) will apply in accordance with the options
listed below that the Secretary determines best suits the work area:
(a)
8.30am to 5.00pm with 60 minute lunch break.
(b)
commencement 15 minutes before the opening time of the workplace or 7.45am
(whichever is the later), with a lunch break of 30, 45 or 60 minutes; or
380
(c)
finish 15 minutes after close of a customer contact period or 5.15pm (whichever is
the earlier), with a lunch break of 30, 45 or 60 minutes.
Variations on negotiated hours
A1.1 Employees will have at least four weeks notice for a change in arrangements unless the
employee agrees to a lesser timeframe.
A1.2 An employee may request changes to their pattern of ordinary hours or regular hours
agreement at any stage.
A1.3 The regular hours agreement may be varied, by agreement, between the Secretary and the
employee.
A1.4 The employee and their supervisor will meet and discuss the regular hours arrangements a
month before the end date of the current regular hours agreement to enable discussion on
continuing the regular hours agreement for a further 12 months or to negotiate new regular
hours arrangements.
A2 ROSTERS
A2.1 Rostering of some employees is essential to the department’s primary function of quality
service delivery. The department seeks to balance flexibility and certainty for employees and
business areas, to assist in the design of quality jobs, a better work/life balance and a healthy
and safe work environment.
A2.2 The department will, in consultation with employees and their representatives, develop and
agree a policy for rostering. This policy will include mechanisms to balance flexibility and
certainty for employees including adequate breaks.
Principles
A2.3 Rosters are designed through a process of genuine negotiation between an employee and their
team leader/manager, taking into account the agreed pattern of hours.
A2.4 Rosters will provide employees with adequate time to prepare for the day and pack up at the
end of the day, meet and plan, undertake necessary reading, participate in training and other
development activities, prepare for the introduction of changes, and include adequate breaks.
A2.5 Employees and managers are encouraged to apply local, flexible work practices where
possible to meet employee’s short term or ad hoc work/life balance needs. Managers will
make all reasonable efforts to accommodate those requests.
Application
A2.6 This clause
Error! Reference source not found. will apply to:
(a)
workplaces or business lines (or parts thereof) that, on commencement of this
Agreement, operate on a rostered basis; and
(b)
other workplaces or business lines where the Secretary determines, in consultation
with affected employees and their representatives (under clau
se A4) will operate
on a rostered basis.
A2.7 All rostered environments as described in
Error! Reference source not found. will, at a
minimum, include provision of:
(a)
planned leave including flex time or planned days off;
(b)
start and finish times;
(c)
timing and duration of lunch and tea breaks;
381
(d)
preparation and pack up time totalling 15 minutes in a single day;
(e)
a 5 minute break after each 60 minute continuous period of screen/telephony-
based work where they are rostered to continue to perform that work for at least a
further 15 minutes. The five minute screen-based equipment break will be used to
perform other work related activities including appropriate health and well-being
activities. This time may form part of a tea break.
A2.8 The manner in which these are reflected in rosters will depend upon the rostering tool(s) used
in each business area.
A2.9 In locations where cash counting occurs, preparation and pack up time will be increased to 15
minutes preparation time and 15 minutes pack up time.
A2.10 Where rosters are generated according to national business parameters, those rosters may also
include scheduled activities and duration of those activities including:
(a)
face to face customer service;
(b)
telephone and telephone support activities;
(c)
follow-up and processing activities
(d)
training (national and local);
(e)
learning and development (in blocks of at least 30 minutes);
(f)
team and one-to-one meetings; and/or
(g)
other approved roles (such as HCO or HSR duties).
Processes
A2.11 Rosters will apply for four week periods and may be negotiated up to 12 weeks in advance.
A2.12 There are three phases in the development of rosters
(a)
identification of an employee’s working hours preferences including agreed
pattern of hours arrangements;
(b)
development of draft rosters, and initial negotiation. During the initial negotiation
phase, employees may genuinely negotiate changes with their supervisor; and
(c)
distribution of final rosters and adjustments to final rosters subject to
Error!
Reference source not found.,
Error! Reference source not found. and
Error!
Reference source not found..
A2.13 An employee may request changes to their roster (including scheduled activities outlined in
subclause
Error! Reference source not found.) at any stage.
A2.14 Employees are encouraged to manage their own ad hoc changes to their roster by swapping
with other employees. Agreement by the manager will not be unreasonably refused. Swaps of
scheduled activities should not reduce overall task variety for employees during the roster
period.
A2.15 Where the department needs to change rosters due to operational requirements that were
unforeseen prior to finalising the roster, the need for changes will be discussed with affected
employees at the earliest opportunity. Genuine negotiation of rosters will explore options to
meet the operational requirements and give employees reasonable notice of changes to
working hours.
A2.16 Subject to subclause
Error! Reference source not found., where changes to start or finish
times are not agreed between an employee and their supervisor, and where notice of changes
of at least 14 calendar days cannot be provided, the employee will be entitled to overtime
382
payments for hours that are worked before their previously agreed start time, or after their
previously agreed finish time.
A2.17 In the event that the department, or a workplace or business line within the department, needs
to make variations to rostering or scheduling practices, the Secretary will consult with
potentially affected employees and their representatives prior to implementing changes to
those practices.
A3 HOURS OF SERVICE DELIVERY
A3.1 The Secretary may determine hours of service delivery that will apply across the department,
or in areas of the department.
A3.2 The department may vary the hours of service delivery to meet customer demand.
A3.3 If the department needs to vary hours of service delivery or establish new or varied customer
service arrangements, and this variation will impact on the hours of duty worked by
employees, the Secretary will communicate the business need and consult with potentially
affected employees and their representatives, prior to implementing a change in service
delivery hours, in accordance with claus
e A4 of this Agreement. In conducting consultation,
the Secretary will consult on matters including, but not limited to:
(a)
staffing levels, and impacts on service levels;
(b)
security and occupational health and safety;
(c)
hours of duty, including rosters, regular hours arrangements and patterns of
ordinary hours;
(d)
child care availability, proximity, suitability and costs;
(e)
availability, safety and proximity of public transport and parking; and
(f)
other options to assist existing staff manage changed hours, including recruitment
of staff to work changed hours.
A3.4 Where the Secretary establishes new or varied service delivery hours, the Secretary will not:
(a)
design an employee’s pattern of attendance to include hours outside the
bandwidth;
(b)
compel an employee to work on public holidays; or
(c)
place an employee in a 12-hour shift arrangement;
without the employee’s consent.
A3.1 The department will not roster staff to perform external customer contact duties, other than
normal 24 hour / 7 day services, on the Saturday after Good Friday or any Saturdays that fall
within the department’s reduced activity period set out in clause
Error! Reference source
not found..
A4 CONSULTATION
A4.1 The department respects the principles of freedom of association and recognises that it is
every employee’s right to freely decide whether or not to join and be represented by a union
in workplace matters.
A4.2 Consultation means providing employees and their representatives with a bona fide
opportunity to influence a decision-maker prior to a decision being made (where possible),
and prior to the implementation of changes.
383
A4.3 The Secretary will consult with potentially affected employees and their representatives in
accordance with this clau
se A4:
(a)
on the introduction of major changes (or proposed major changes) referred to in
subclau
ses A4.4 a
nd A4.5; and
(b)
on other workplace changes that will have an effect on employees referred to in
subclau
se A4.6.
Major Change
A4.4 Where a decision is made to introduce major changes in program, organisation, structure or
technology that are likely to have a significant effect on employees, the Secretary must notify
the employees who are likely to be affected by the proposed changes, and their
representatives.
A4.5 Significant effects include (but are not limited to):
(a)
termination of employment;
(b)
major changes in composition, operation or size of the department’s workforce or
in the skills required;
(c)
the elimination or diminution of job opportunities, promotion opportunities or job
tenure;
(d)
alteration in hours of work;
(e)
the need to retrain employees;
(f)
the need to relocate employees to another workplace; and
(g)
the restructuring of jobs.
Other workplace changes
A4.6 Where a workplace change that is likely to have an effect on employees (but is not a major
change) is proposed, the Secretary will notify potentially affected employees and their
representatives.
Timing of consultation
A4.7 Where a decision is made by Government, or is made outside the department, consultation
with employees prior to making the decision may not be practicable. In such cases,
consultation under this clause
A4 regarding the implementation of the decision will occur as
early as is reasonably practicable.
A4.8 In other cases, consultation with employees under this clau
se A4 will occur as early as
possible prior to making a decision.
Process
A4.9 The Secretary must consult with the employees affected and their representatives, by:
(a)
discussing the introduction of the major change or other workplace change;
(b)
discussing the effects the change is likely to have on employees and measures to
avert or mitigate the adverse effects of such changes on employees;
(c)
seeking the feedback and input of affected employees and their representatives,
about the changes or proposed changes; and
(d)
giving prompt consideration to feedback or input raised by the employees and their
representatives, in relation to the changes or proposed changes.
384
A4.10 Depending on the issue for consultation and the relevant workplace or workplaces,
consultation may be general or specific, and may take the form of discussions, surveys,
working groups, project teams, consultation meetings, other co-design approaches and/or the
opportunity to make verbal or written comments.
A4.11 Local managers will consult with their employees and their representatives on local
workplace changes. Consultative arrangements may be formal or informal (for example,
standing agenda items for team meetings, committees in larger workplaces, or informal
meetings with local managers in smaller worksites). Issues raised at the local level may be
referred to a more senior manager.
A4.12 For the purpose of the discussions under subclau
se A4.9 a
nd A4.10, the employees concerned
and their representatives are to be provided in writing all relevant information about the
changes or proposed changes, including the nature of the changes proposed, the expected
effects of the changes on employees and any other matters likely to affect employees.
A4.13 The Secretary is not required to disclose confidential or commercially sensitive information to
the employees or their representatives.
A4.14 The Secretary will advise employees and their representatives about how their feedback or
input was considered in the decision-making and/or implementation process, as relevant. This
advice will be provided in writing, if requested.
Committees
A4.15 The department will establish consultative committees to consult with unions about workplace
changes at the service zone level or national level.
A4.16 Service Zone Committees (including a National Office Committee), consisting of three
management representatives and three union representatives, will meet at least three times per
year and will deal with proposed changes within the Service Zone and implementation of
Government decisions as they apply to the Service Zone. The Service Zone Committee may
escalate relevant issues to the National Consultative Committee (NCC) or a subcommittee of
the NCC.
A4.17 The NCC will consist of four management and four union representatives, will meet quarterly,
and will deal with proposed changes within the department, and implementation of
Government decisions as they apply to the department. The NCC may establish
subcommittees on an as needs basis to deal with issues that require specific attention.
385
Attachment B
Principles relating to workplace delegates – Majority of APS Agreements
The role of union workplace delegates and other elected union representatives is to be respected and
facilitated.
Agencies and union workplace delegates must deal with each other in good faith.
In discharging their representative roles at the workplace level, the rights of union workplace
delegates include but are not limited to:
•
The right to be treated fairly and to perform their role as workplace delegates without any
discrimination in their employment;
•
Recognition by the agency that endorsed workplace delegates speak on behalf of their
members in the workplace;
•
The right to participate in collective bargaining on behalf of those whom they represent, as
per the Fair Work Act
•
The right to reasonable paid time to provide information to and seek feedback from
employees in the workplace on workplace relations matters at the agency during normal
working hours;
•
The right to email employees in their workplace to provide information and seek feedback,
subject to individual employees exercising a right to ‘opt out’;
•
Undertaking their role and having union representation on an agency’s workplace relations
consultative committee;
•
Reasonable access to agency facilities (including telephone, facsimile, photocopying, internet
and email facilities, meeting rooms, lunch rooms, tea rooms and other areas where employees
meet) for the purpose of carrying out work as a delegate and consulting with members and
other interested employees and the union, subject to agency policies and protocols;
•
The right to address new employees about union membership at the time they enter
employment;
•
The right to consultation, and access to relevant information about the workplace and the
agency; and
•
The right to reasonable paid time to represent the interests of members to the employer and
industrial tribunals.
In discharging any roles that may involve undertaking union business, the rights of union workplace
delegates include but are not limited to:
•
Reasonable paid time during normal working hours to consult with other delegates and union
officials in the workplace, and receive advice and assistance from union staff and officials in
the workplace;
•
Reasonable access to appropriate training in workplace relations matters including training
provided by a union;
•
Reasonable paid time off to represent union members in the agency at relevant union forums.
In exercising their rights, workplace delegates and unions will consider operational issues,
departmental policies and guidelines and the likely affect on the efficient operation of the agency and
the provision of services by the Commonwealth.
For the avoidance of doubt, elected union representatives include APS employees elected to represent
union members in representative forums, including, for example, CPSU Section Secretaries,
Governing Councillors and Section Councillors, and APESMA Government Division Committee
members.
386
FOI
From:
LLOYD,John
Sent:
Monday, 13 April 2015 9:33 PM
To:
John Roskam
Cc:
s. 47F
Subject:
RE: Examples of generous arrangements in Commonwealth enterprise agreements
[SEC=UNCLASSIFIED]
UNCLASSIFIED
John
Friday 24 at 4.00 is great for me. It is in the calendar.
John Lloyd PSM l Commissioner
Australian Public Service Commission
Level 6, Aviation House, 16 Furzer Street, PHILLIP ACT 2606
P: +612 6202 3501 l
M: s. 47F
l
W: www.apsc.gov.au
From: John Roskam [mailto:xxxxxxx@xxx.xxx.xx]
Sent: Monday, 13 April 2015 9:20 PM
To: LLOYD,John
Subject: RE: Examples of generous arrangements in Commonwealth enterprise agreements [SEC=UNCLASSIFIED]
Hi John
Thank you for this - that is very handy. Unfortunately I can't do this Friday but anytime in the afternoon on Friday 24
would be good. Should we have a beer at say 4pm on 24 April?
regards John
From: LLOYD,John [xxxx.xxxxx@xxxx.xxx.xx]
Sent: Monday, 13 April 2015 5:59 PM
To: John Roskam
Subject: Examples of generous arrangements in Commonwealth enterprise agreements [SEC=UNCLASSIFIED]
UNCLASSIFIED
Dear John
As discussed I attach a document that highlights some of the more generous agreement provisions applying to APS
employees.
I am free to discuss this at any time.
I am also happy to provide a quote for the article if you wished.
It would be good to catch up. I would be available this Friday 17 April from 3.30 pm or the following Friday 24 April
in the afternoon. I am scheduled to fly back from Canberra both days arriving in Melbourne early afternoon.
Regards
John Lloyd PSM l Commissioner
Australian Public Service Commission
Level 6, Aviation House, 16 Furzer Street, PHILLIP ACT 2606
P: +612 6202 3501 l
M: s. 47F
l
W: www.apsc.gov.au
1
387
From: s. 47F
Sent: Monday, 13 April 2015 5:08 PM
To: LLOYD,John
Subject: Examples of generous arrangements in Commonwealth enterprise agreements [SEC=UNCLASSIFIED]
Notice:
The information contained in this email message and any attached files may be confidential information,
and may also be the subject of legal professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this email in error, please notify the
sender by contacting the department's switchboard on 13 33 97 during business hours (8am - 5pm Local
time) and delete all copies of this transmission together with any attachments.
2
388
FOI
From:
LLOYD,John
Sent:
Wednesday, 25 October 2017 9:49 AM
To:
s. 47F
; FOSTER,Stephanie; VINE-CAMP,Kerryn
Subject:
RE: Examples of 'soft' arrangements in Commonwealth Enterprise Agreements
[SEC=UNCLASSIFIED]
UNCLASSIFIED
s. 47F
Yes thanks.
John Lloyd PSM l Commissioner
Australian Public Service Commission
Level 5, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
P: +612 6202 3501 l
W: www.apsc.gov.au
From: s. 47F
Sent: Wednesday, 25 October 2017 9:32 AM
To: LLOYD,John; s. 47F
FOSTER,Stephanie; VINE-CAMP,Kerryn
Subject: FW: Examples of 'soft' arrangements in Commonwealth Enterprise Agreements [SEC=UNCLASSIFIED]
Hi John,
Are you happy with the draft response to s. 47F below?
Hi s. 47F
Please see attached the public document tabled at estimates. Please note that much of it is now dated, as the
agreements the data was sourced from have been replaced.
Thanks,
s. 47F
s. 47F
l Assistant Director – Media and Engagement
Australian Public Service Commission
Level 3, B Block, Treasury Building, Parkes Place West, Parkes ACT 2600
P: s. 47F
l M:s. 47F
l
W: www.apsc.gov.au
From: s. 47F
Sent: Monday, 23 October 2017 1:11 PM
To: APSC - Media Enquiries
Subject: Request for document
Hi
May I please get a copy of the document "Examples of generous arrangements in Commonwealth enterprise
agreements" prepared by the APSC in 2015 please - I can't find it on your website.
1
389
Many thanks
s. 47F
______________________________
s. 47F
2
