OLD PARLIAMENT HOUSE
ENTERPRISE AGREEMENT
2011-2014
Table of Contents
Contents
PART A- ABOUT THIS AGREEMENT
TITLE
PURPOSE
PARTIES COVERED BY THIS AGREEMENT
DURATION
NO EXTRA CLAIMS
OPERATION OF AGREEMENT
DELEGATION
GIVING PRIMACY TO THE PARTIES TO THE AGREEMENT
POLICIES AND GUIDELINES
INDIVIDUAL FLEXIBILITY AGREEMENTS
FORMAL ACCEPTANCE OF THIS AGREEMENT
PART B - OUR WORKING ENVIRONMENT
PRODUCTIVITY IMPROVEMENTS AND COMMITMENTS
DISCRIMINATION FREE WORKPLACE
CONSULTATION
FRAMEWORK FOR CONSULTATION
EMPLOYEE REPRESENTATIVES
DISPUTE RESOLUTION
EMPLOYEE ASSISTANCE PROGRAM
PART C – CAREER & EMPLOYEE DEVELOPMENT IN OPH
RECRUITMENT & SELECTION OF PEOPLE
MOBILITY
INVESTING IN PEOPLE
STUDY SUPPORT SCHEME
STUDY LEAVE
PERFORMANCE MANAGEMENT STRATEGY
MANAGING UNSATISFACTORY PERFORMANCE
SALARY INCREASES THROUGH PAY POINTS
SALARY INCREASES
PAY PROGRESSION (Annual Common Date for Progression – 1 July)
POSITION CLASSIFICATION, POSITION TITLES AND SALARY RATES
OPH WORK LEVEL STANDARDS
PART D – REMUNERATION
PAYMENT OF SALARY
RATE OF SALARY
SALARY ON ENGAGEMENT OR PROMOTION
SALARY MAINTENANCE
SALARY ON REDUCTION
PAYMENT ON DEATH
SALARY PACKAGING
EMPLOYER SUPERANNUATION CONTRIBUTIONS
PART E – ALLOWANCES
HIGHER DUTIES ALLOWANCE
TEMPORARY REASSIGNMENT OF DUTIES AT A LOWER LEVEL
OVERTIME DUTY
MEAL ALLOWANCE
RESTRICTION ALLOWANCE
CADET ALLOWANCE
FIRST AID/HEALTH AND SAFETY REPRESENTATIVE/FIRE WARDEN/HARASSMENT CONTACT OFFICER ALLOWANCE
MOTOR VEHICLE ALLOWANCE
TRAVEL ALLOWANCES (TA)
REVIEW TRAVEL ALLOWANCE
RELOCATION ALLOWANCES
OVERSEAS TRAVEL SUPPORT
PART F – MANAGING WORK
HOURS OF DUTY
CHRISTMAS CLOSEDOWN
FLEXTIME
TRAVELLING TIME
REVERSION TO ORDINARY HOURS
WORKING AWAY FROM THE OFFICE
WORKING ARRANGEMENTS FOR EXECUTIVE LEVEL EMPLOYEES (& EQUIVALENTS)
PART-TIME WORK
FLEXIBLE WORK ARRANGEMENTS FOR PARENTS
PART G – ROSTERED EMPLOYEES & CASUAL EMPLOYEES
APPLICATION
ROSTERED HOURS
COMMUTED PENALTY PAYMENTS
PART H - LEAVE PROVISIONS
ANNUAL LEAVE
PURCHASED LEAVE (Employee Funded Leave)
CASH OUT OF LEAVE
CHRISTMAS CLOSEDOWN
PUBLIC HOLIDAYS
PERSONAL LEAVE
UNPAID CARER’S LEAVE
PORTABILITY OF ACCRUED ANNUAL LEAVE & PERSONAL LEAVE
COMPASSIONATE LEAVE
COMPENSATION LEAVE
MISCELLANEOUS LEAVE (with & without pay)
LONG SERVICE LEAVE
PARENTAL LEAVE
MATERNITY LEAVE
RETURN TO WORK AFTER PARENTAL OR MATERNITY LEAVE
SUPPORTING PARTNER’S LEAVE
ADOPTION LEAVE
FOSTER PARENT’S LEAVE
COMMUNITY SERVICE LEAVE
PART I – SUPPORTIVE WORK ENVIRONMENT
HOME BASED WORK
EYESIGHT TESTING/SPECTACLE REIMBURSEMENT
EXTRA CARE DEPENDANT COSTS
LOSS, DAMAGE & INDEMNITY
OCCUPATIONAL HEALTH & SAFETY
PART J – WORKFORCE MANAGEMENT
PROBATION
PUBLIC AFFAIRS OFFICERS
SPECIAL TRAINEE PROGRAMS
OPH GRADUATES
OPH CADETS
PART K – MANAGEMENT OF EXCESS EMPLOYEES
REDEPLOYMENT
REDUNDANCY
RETENTION PERIODS
INVOLUNTARY TERMINATION OF EMPLOYMENT
TERMINATION OF NON-ONGOING EMPLOYMENT
PART L - SUPPORTED WAGE SYSTEM
DEFINITIONS
ELIGIBILITY CRITERIA
ASSESSMENT OF CAPACITY
LODGEMENT OF ASSESSMENT INSTRUMENT
OTHER TERMS AND CONDITIONS OF EMPLOYMENT
WORKPLACE ADJUSTMENT
TRIAL PERIOD
SCHEDULE 1 – CLASSIFICATION STRUCTURE AND PAY RATES
SCHEDULE 2 – ALLOWANCES
SCHEDULE 3 – TRAINEE (APS ADMINISTRATIVE) PAY RATES
SCHEDULE 4 – PRINCIPLES FOR WORKPLACE DELEGATES
PART A- ABOUT THIS AGREEMENT
TITLE
A1 This Agreement shall be known as the Old Parliament House Enterprise Agreement 2011-2014.
PURPOSE
A2This Agreement states the terms and conditions of employment of the employees covered by this Agreement other than terms and conditions applying under a Commonwealth law.
PARTIES COVEREDBYTHIS AGREEMENT
A3 Agreement sets out the terms and conditions of employment for Old Parliament House. This Agreement is made as an Enterprise Agreement under Part 2-4 of the Fair Work Act 2009 and covers:
- the Director of Old Parliament House (OPH);
- all employees employed under the Public Service Act 1999 in Old Parliament House, other than Senior Executive Service officers;
- the Community and Public Sector Union if Fair Work Australia (FWA), in accordance with subsection 201(2) of the Fair Work Act 2009, notes in its decision to approve this agreement that it covers that union
DURATION
A4This agreement shall commence seven days after this Agreement is approved by Fair Work Australia. The nominal expiry date is 30 June 2014.
NO EXTRA CLAIMS
A5From the commencement of this Agreement, aperson or organisation covered bythe Agreement willnot pursue further claims for terms and conditions of employment that would have effect during the period of operation of this Agreement, except where consistent with the terms of this Agreement.
OPERATION OF AGREEMENT
A6It is acknowledged that employment is subject to, but not limited to, the provisions of the following Acts (and regulations or instruments made under the Acts):
• Fair Work Act 2009
- Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
• Long Service Leave (Commonwealth Employees) Act 1976
• Maternity Leave (Commonwealth Employees) Act 1973
• Superannuation Act 1976
• Superannuation Act 1990
• Superannuation Act 2005
• Superannuation (Consequential Amendments) Act 2005
• Superannuation Benefits (Supervisory Mechanisms) Act 1990
• Superannuation (Productivity Benefit) Act 1988
• Safety Rehabilitation and Compensation Act 1988
• Occupational Health and Safety (Commonwealth Employment) Act 1991
• Occupational Health and Safety Act 2004
- Paid Parental Leave Act 2010
• Public Employment (Consequential and Transitional) Amendment Act 1999
• Public Service Act 1999
• Financial Management and Accountability Act 1997
• Age Discrimination Act 2004
• Archives Act 1983
• Freedom of information Act 1982
• Human Rights and Equal Opportunity Commission Act 1986
• Privacy Act 1988
DELEGATION
A7The Director may, by instrument in writing, delegate or authorise to a person, any of the Director’s powers or functions under this Agreement, except for this power of delegation.
A8A power exercisable by any employee of OPH under this agreement may be exercised by the Director.
GIVING PRIMACY TO THE PARTIES TO THE AGREEMENT
A9If the operation of the agreement is affected by external factors or a clause is removed or otherwise negated, other than through ambiguity or uncertainty, the parties to the agreement agree to meet and confer to determine what action, if any, will be taken.
POLICIES AND GUIDELINES
A10The operation of this agreement is supported by OPH policies, procedures and guidelines. If there is any inconsistency between the policies, procedures and guidelines and the terms of this agreement, the express terms of this agreement will prevail.
A11Policies, procedures and guidelines which support the operation of this agreement may be made or varied from time to time by the Agency Head (delegate) following consultation through consultative committees.Any dispute arising through the application of policies, procedures or guidelines may be dealt with through the dispute resolution process in this agreement.
A12Policies, procedures and guidelines that alter employee conditions or entitlements detrimentally will only be made or varied by agreement of the parties to the agreement following consultation.
INDIVIDUAL FLEXIBILITY AGREEMENTS
A13An Agency Headand employee covered by this agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
- the arrangement deals with oneor more of the following matters:
(i)arrangements about when work is performed
(ii)overtime rates
(iii)penalty rates
(iv)allowances
(v)remuneration and/or
(vi)leave
- the arrangement meets the genuine needs of the Agencyand employee in relation to oneor more of the matters mentioned in paragraph (a); and
- the arrangementis genuinely agreed to by the Agency Headand employee.
A14The Agency Headmust ensure that the terms of the individual flexibilityarrangement:
- are about permitted matters under section 172 of the Fair Work Act 2009; and
- are not unlawful terms under section 194 of the Fair Work Act 2009; and result in the employee being better off overall than the employee
would be if no arrangement was made.
A15The Agency Headmustensurethattheindividual flexibilityarrangement:
- is in writing
- includes the name of the Agency Headand employee
- is signed by the Agency Head and employee; and if the employee is under 18 years of age, signed by a parent or guardian of the employee
- includes details of:
(i)the terms of the enterprise agreement that will be varied by thearrangement
(ii)how the arrangement will vary theeffect of the terms
(iii)how the employee will be better off overallin relation to the terms conditions of hisor her employment asa result of the arrangement
- statesthe day on which the arrangement commences and, where applicable, when the arrangement ceases
A16The Agency Head must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
A17The Agency Head oremployeemay terminate the individual flexibility arrangement:
- by giving no more than 28 days written notice to the other party to thearrangement; or
- if the Agency Headand employee agree in writing — at any time.
A18OPH will treat Flexibility Agreements as personal information subject to relevant privacy provisions.
FORMAL ACCEPTANCE OF THIS AGREEMENT
A19This agreement is made and approved under section 172 of the Fair Work Act 2009.
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Ms Jenny Anderson, Director, Old Parliament House Date
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Community and Public Sector UnionDate
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MrChris Grebert, Employee RepresentativeDate
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Mr Bill Haskett, Employee RepresentativeDate
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Ms Luise Steele, Employee RepresentativeDate
DEFINITIONS
A20In this agreement, unless the context indicates otherwise:
APSmeans Australian Public Service
Agency Headmeans the Director of OPH
Assessment instrumentmeans the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System
Casual Employeemeans an employee engaged under section 22 of the Public Service Act 1999 to undertake duties that are of an intermittent or irregular basis with no guarantee of hours per fortnight
CPSUmeans Community and Public Sector Union
Continuous Servicehas the same meaning as in the Long Service Leave (Commonwealth Employees) Act 1976
Delegatemeans a person who may exercise a power or function formally delegated to them by the Director
Directormeans the Director of OPH
Employeemeans a person employed under the Public Service Act 1999 in OPH, whether they are employed on a full-time, part-time, ongoing, non-ongoing or casual and intermittent basis
Employee representativemeans an employee representing the views of employees in a workplace, elected or chosen by employees in a workplace, to represent their views to management
Employer means Commonwealth or Agency of the Commonwealth
Executivemeans Director and Deputy Directors
Fair Work Australiameans the government agency having responsibility for industrial relations and workplace laws.
Immediate Family for the purposes of personal leave, ‘immediate family’ means a person who is:
- a spouse (including a former spouse)
- a recognised traditional kinship
- a de facto partner (including same sex partner)
- in the following relationships either with the employee or the employee’s spouse or de facto partner:
- (i) child, including adopted, fostered or step
- (ii) parent
- (iii) grandparent
- (iv) grandchild or sibling of the employee
HDAmeans allowance paid while an employee is on temporary reassignment to duties at a higher classification level
Higher educationmeans a level of education that is provided by universities, vocational universities, community colleges, arts colleges, institutes of technology and other collegiate level institutions, such as vocational schools, trade schools and career colleges, that award academic degrees or professional certifications
Household means the usual occupants of the dwelling in which the employee normally resides
Industrial proceedingsmeans proceedings under the Fair Work Act 2009
Manager means an employee who is accountable for, and has responsibility for, achieving outcomes from a work group and/or the application of resources
Medical practitionermeans a person registered, or licensed, as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners
Non-ongoing employeemeans an employee engaged under the Public Service Act 1999by OPH as a non-ongoing employee
Ongoing employeemeans an employee engaged under the Public Service Act 1999 by OPH as an ongoing employee
OPHmeans Old Parliament House
Ordinary hoursmeans, for an employee, hours worked during the specified or agreed bandwidth or, for rostered employees, in accordance with a roster established under Part G of this agreement, ie not including overtime or additional hours
Parties unless otherwise specified in this agreement, means the parties coveredby this agreement
Part-time employee means an employee whose ordinary hours of work are less than 150 hours over a four week period (the settlement period)
PS Actmeans the Public Service Act 1999
Rostered ongoing employee means a permanent ongoing employee working on a roster of fixed daily hours per fortnight under Part G of this agreement
Rostered non-ongoing
employeemeans a non-ongoing employee working on roster of fixed daily hours per fortnight under Part G ofthis agreement
Salary means an employee’s rate of pay (in accordance with the pay rates at Schedules 1 and 2). This will be salary for all purposes, including superannuation (subject to relevant superannuation scheme rules), overtime, and severance and termination payments. Participation in salary-sacrifice arrangements or purchased leave options will not affect salary for these purposes
Service has the same meaning as in the Long Service Leave(Commonwealth Employees) Act 1976
Spouse includes the husband or wife of the employee or the de facto spouse (meaning a person who lives with the employee as a couple on a genuinedomestic basis, whether they are the same or different sexes; and includes a former de facto partner of the employee) of the employee, or the partner (meaning in relation to a person who is a member of a couple, the other member of the couple) of the employee
Staffhas the same meaning as employee
Supervisor means an employee who has immediate responsibility for the day-to-day supervision of another employee or work group, including accounting for working hours
Supported Wage Systemmeans the Commonwealth Government system that promotes employment for people who cannot work at full wages because of a disability
TOILmeansTime Off In Lieu (TOIL)
Union/Union Representativemeans an official, officer or workplace delegate of a registered organisation who is entitled to represent the views of employees
Work Level Standards means documented standards used to differentiate between different job classification levels according to the duties undertaken
WCC means the Workplace Consultative Committee established to consult on workplace matters
Work value means the value attached to work tasks according to factors such as required skill, conditions under which work is undertaken, level and breadth of responsibility, influence on outcomes and/or the relative scarcity of available persons with the required attributes
PART B - OUR WORKING ENVIRONMENT
CODE OF CONDUCT AND APS VALUES
B1OPH is committed to delivering high quality professional public service. In implementing this agreement OPH will act ethically and lawfully as an employer. In implementing this agreement and in undertaking his or her duties, an employee will comply with Australian Public Service Values and Codes of Conduct and will not behave in a manner contrary to the interests of OPH.
PRODUCTIVITY IMPROVEMENTS AND COMMITMENTS
B2In recognition of our Strategic Plan, the parties commit to further improving productivity towards achieving the corporate outcomes to fund this agreement. This includes:
•further developing environmental/sustainability strategies to reduce energy usage and waste over the life of this agreement. These measures will be implemented and fully supported by all staff;
•implementing a Project Management framework and guidelines within the first 12 months of this agreement and all staff will agree to support and follow the requirements of this framework;
•developing a set of principles to streamline meeting practices, which are agreed to by all staff through the WCC over the first 12 months of the agreement.
DISCRIMINATION FREE WORKPLACE
B3OPH and its employees are committed to:
•achieving the objective of section 10 and 13 of the Public Service Act 1999, which is to respect and value the diversity of the workforce by helping to prevent and eliminate discrimination at their workplace on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction, and social origin. Any dispute concerning these provisions and their operation will be dealt with under the Dispute Resolution Procedures at clauses B28-34 in this agreement;
•achieving the objectives of section 3(e) of the Fair Work Act 2009, which include that employers and employees are free to join or not join industrial associations, and will not be discriminated against or victimised because they are, or are not, members or officers of industrial associations. In the event of a dispute, the Dispute Resolution Procedures are at clauses B21-B28 of this agreement.
B4Nothing in these provisions allows any treatment that would otherwise be prohibited by anti-discrimination provisions in applicable Commonwealth, State or Territory legislation.
CONSULTATION
B5Consultation means providing employees and their representatives with relevant information and a genuine opportunity to influence the decision maker and contribute to the decision making process, not only in appearance but in fact, before a decision is made. For the purposes of this agreement, consultation also includes:
- opportunities to participate in corporate and business planning processes, business unit and team meetings and individual performance and planning discussions
- timely provision of relevant information to employees
- appropriate opportunities for employees’ views to be heard and considered before decisions are made
- where appropriate, the opportunity for employees to discuss their views with the relevant manager
B6OPH acknowledges the right of employees to be consulted about decisions or matters that affect them in the workplace. In making decisions that affect employees, the employer commits to engaging in consultation with employees and their representatives.
B7This clause applies where a decision is made to introduce major changes in a work area that are likely to have significant effects on employees, other than where provision is already made elsewhere in this enterprise agreement regarding a specific major change.
B8Where a definite decision is made to introduce major changes in program, organisation, structure or technology that are likely to have significant effects on employees, the Agency Head must notify the employees who are likely to be affected by the proposed changes and their representatives, if any.