TABLE OF CONTENTS PART A.

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2 TABLE OF CONTENTS PART A. TECHNICAL MATTERS Objectives of the Agreement Title of this Agreement Coverage, parties and persons bound Categories of employment Commencement and duration Effect of Agreement on other employment instruments No extra claims Relationship with legislation Delegations Interpretation... 6 PART B. REMUNERATION Pay rates Method of payment Salary increases Performance bonuses Northern Territory Payment Casual loading Salary on commencement or promotion Flexible remuneration packaging Superannuation Supported salary for employees with a disability PART C. CLASSIFICATION STRUCTURE AND ADVANCEMENT Classification structure Advancement to higher salary within level Cadetships Traineeships Graduates Juniors Higher duties PART D. PERFORMANCE MANAGEMENT Performance Development Scheme Managing under performance PART E. HOURS OF WORK Ordinary hours of work On call arrangements Christmas break Flextime arrangements Transition to flextime arrangements Working hours for EL1 and EL2 employees Rostering Shiftwork Part time work Overtime Meal allowance PART F. FLEXIBLE WORKING ARRANGEMENTS Flexibility arrangements

3 42. Flexible working arrangements PART G. LEAVE General provisions Portability of leave Annual leave Purchased leave Personal leave War service sick leave Unpaid carer s leave Compassionate leave Special leave Maternity leave Adoption leave Fostering leave Paid parental leave Unpaid parental leave Return to work after parental leave Parental leave other provisions Recognition of other parental roles Elder or disabled care leave Career break leave Long service leave Community service leave Defence Reservists leave Other leave Public holidays Unauthorised absences PART H. TRAVEL General Short term travel Part day travel allowance Long term travel Overseas travel PART I. ALLOWANCES Motor vehicle allowance Additional role allowances PART J. OTHER ENTITLEMENTS Procurement policies Professional memberships Relocation assistance Home based work Employee Assistance Program Flu vaccination School holiday care subsidy PART K. CONSULTATION Staff Consultative Group Consultation Principles of consultation PART L. REDUNDANCY General

4 86. Assistance to employees Selection of redundant employees Severance entitlements Notice of termination on retrenchment Reduction in classification PART M. DISPUTE RESOLUTION Procedures for preventing and settling disputes PART N. TERMINATION OF EMPLOYMENT Resignation Cessation of employment Review of decisions to terminate employment Appendix 1 - Pay rates Classification Structure Appendix 2 - Definitions Appendix 3 - Principles Relating to Workplace Delegates

5 PART A. TECHNICAL MATTERS 1. Objectives of the Agreement 1.1 The continuing commitment of all Defence Housing Australia (DHA) employees is central to increasing DHA s efficiency and effectiveness. 1.2 Consistent with this commitment, the shared objectives of this Agreement are: (c) (d) (e) employment conditions that meet the operational needs of DHA while at the same time providing employees with flexibility to maintain an appropriate balance between their work and personal lives; recognition of high levels of performance and the contribution they make to organisational success; flexibility and responsiveness in order to meet the challenges of the future; recognising the productive benefits of diverse backgrounds, experience, skills and perspectives; and facilitating the employment of the right people for DHA. 2. Title of this Agreement 2.1 This Agreement shall be known as the Defence Housing Australia Enterprise Agreement Coverage, parties and persons bound 3.1 This Agreement is made pursuant to Section 172 of the Fair Work Act. In accordance with Section 53 of that Act, this Agreement covers: DHA; and employees of DHA engaged under the Public Service Act excluding Senior Executive Service employees and employees who are covered by an Australian Workplace Agreement. 4. Categories of employment 4.1 Employees of DHA are employed in one of the following categories: (c) ongoing employees; or non-ongoing employees employed on a temporary basis and who may also be employed for a specified term or a specified task; or non-ongoing employees employed on an irregular or intermittent basis (casual). 4

6 5. Commencement and duration 5.1 This Agreement commences on the seventh day after the Agreement is approved by Fair Work Australia. 5.2 The nominal expiry date is 30 June Effect of Agreement on other employment instruments 6.1 The conditions and entitlements in this Agreement replace any conditions and entitlements included in any other employment instrument, whether this is a formal or informal instrument that previously applied to an employee who is covered by this Agreement. 6.2 This clause does not affect the nature of an employee s employment contract with DHA or any obligations or responsibilities of an employee that existed before this Agreement commenced. Except where they are inconsistent with the provisions of this Agreement, this Agreement applies. 6.3 DHA guidelines, policies or procedures referred to in this Agreement are not incorporated into, and do not form part of the Agreement. Where such policies are inconsistent with the provisions of this Agreement then this Agreement prevails. 6.4 Employees will make themselves familiar with DHA guidelines, policies and procedures as they may be varied from time to time and will be applied on the basis of their terms at the time of any relevant action or decision. 7. No extra claims 7.1 From the commencement of this Agreement, a person or organisation covered by this Agreement shall not 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. 8. Relationship with legislation 8.1 DHA and its employees acknowledge that the employment of employees covered by this Agreement is subject to the provisions of all applicable Commonwealth Acts and Regulations or instruments made under those Acts, as amended and include: Public Service Act 1999; Public Employment Transitional Amendment Act 1999; (c) Fair Work Act 2009; (d) Long Service Leave (Commonwealth Employees) Act 1976; 5

7 (e) Maternity Leave (Commonwealth Employees) Act 1973; (f) Superannuation Act 1976; (g) Superannuation Act 1990; (h) Superannuation Benefits (Supervisory Mechanisms) Act 1990; (i) Superannuation Productivity Benefit Act 1988; (j) Superannuation Act 2005; (k) (l) Safety Rehabilitation and Compensation Act 1988; and Work Health and Safety Act 2011 (Cth). 9. Delegations 9.1 All the powers and authorities in this Agreement are held by the DHA Managing Director. 9.2 The Managing Director may, by instrument in writing, delegate or authorise to a person, any of the Managing Director s powers, authorities or functions under this Agreement, excluding his or her power to delegate or authorise unless otherwise specified by the Managing Director. 9.3 The Managing Director may issue instructions relating to the exercise of a delegated power, authority or function. 10. Interpretation 10.1 Some words or expressions used in this Agreement (or in a particular provision of this Agreement) are defined in Appendix In this Agreement, unless the context otherwise indicates: (c) a reference to: (i) (ii) the singular includes the plural and the plural includes the singular; one gender includes the other gender; and (iii) a Part, clause, sub-clause or paragraph is to a Part, clause, sub-clause or paragraph in this Agreement; headings are for convenience only and do not affect the interpretation of this Agreement; and where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning. 6

8 PART B. REMUNERATION 11. Pay rates 11.1 The pay rates for DHA employees are as set out at Appendix 1 to this Agreement An employee who was being paid a higher base salary than the maximum annual salary for his or her classification will continue to be paid that higher amount and will receive the pay increases set out in sub-clause Method of payment 12.1 Employees will be paid fortnightly in arrears and the fortnightly rate of pay will be calculated using the following formula: Fortnightly pay = Annual Salary X 12/ Payment will be made to a financial institution account nominated by each employee, subject to the financial institution accepting payment by electronic funds transfer. 13. Salary increases 13.1 Annual salaries to be paid from the commencement of this Agreement are specified in Appendix The following pay increases will be payable under this Agreement: 4.0 per cent from the later of 1 July 2012 or the commencement of this Agreement; and 3.5 per cent from 1 July Improvements in the pay and conditions included in this Agreement are in recognition of the following productivity improvements: (c) an increase in organisational capability through the enhancement of DHA s available skill base; an increase in available capability through investment in professional development; and improvements in systems and processes. 14. Performance bonuses 14.1 An employee must comply with the requirements outlined in clause 28 of this Agreement to be eligible for a performance bonus. An employee will be eligible for payment of a performance bonus as long as the employee has at least six months continuous service with DHA during the relevant appraisal cycle and is still employed by DHA on 30 June in that year. 7

9 14.2 Non-ongoing employees who are employed on an irregular or intermittent (casual) basis are not entitled to a performance bonus Where an employee: (c) was part time during the appraisal cycle; or was on paid or unpaid leave for more than 12 weeks during the year; or commenced with DHA during the appraisal cycle, the performance bonus payable will be a pro rata amount The maximum bonus payable in respect of each year of the Agreement is set out in the following table: Level Maximum per cent of annual salary DHA2 DHA4 7.5 DHA5 EL EL A bonus may be payable where an employee has met or exceeded all targets (or an equivalent standard, as determined by the Managing Director) during the appraisal cycle in accordance with the following: rating of met all targets or equivalent up to 70 per cent of the maximum; or rating of exceeded all targets or equivalent between 71 and 100 per cent of the maximum The employee's salary used for the calculation of a performance bonus will be the employee s base annual salary as at 30 June in the year the appraisal cycle is completed. 15. Northern Territory Payment 15.1 An employee working in the Northern Territory will be eligible for a Northern Territory Payment of $1,500 in February of the year 2013 and 2014 where: the employee has worked for DHA for a continuous period covering at least 1 August in the previous year to 30 January in the relevant year; the employee has not had an unauthorised absence or more than 4 weeks of paid and/or unpaid leave between 1 October in the previous year and 30 January in the relevant year; 8

10 (c) (d) the employee has been assessed as having met all targets or a higher rating during the previous 12 months; and the employee is working in a Northern Territory based position on 30 January of the relevant year This clause does not apply to non-ongoing employees engaged on an irregular or intermittent basis (casual) The Northern Territory Payment will be paid to part time employees on a pro rata basis. 16. Casual loading 16.1 Non-ongoing employees who are employed on an irregular or intermittent basis (casual) will be paid a 20 per cent casual loading on their salary in lieu of access to all forms of paid leave (other than Long Service Leave), payment for public holidays on which the employee is not required to work, and payment of performance bonuses. 17. Salary on commencement or promotion 17.1 Subject to sub-clause 17.2, where an employee commences in DHA or is promoted to a higher level, salary will be payable at the minimum annual salary for the employee s classification unless a higher amount is determined by the Managing Director Where an employee is being paid under a higher duties arrangement and that employee is promoted, that employee's salary will be equivalent to the combination of salary and higher duties allowance paid prior to the promotion or higher as determined by the Managing Director. 18. Flexible remuneration packaging 18.1 Employees may have access to a flexible remuneration packaging scheme. The scheme allows an employee to receive non-salary benefits in lieu of salary The key requirements of the scheme are that: (c) the scheme operates at no cost to DHA; participation is entirely voluntary; and employees may be required to obtain financial advice to be able to participate in the scheme Salary for superannuation, severance and termination purposes for an employee, who has elected to convert part of his or her salary to non-salary benefits, shall be determined as if the salary packaging arrangements did not exist. 9

11 19. Superannuation 19.1 DHA will make compulsory employer contributions as required by the applicable legislation and fund requirements Where an employee has chosen an accumulation superannuation fund other than the PSS Accumulation Plan (PSSap), the employer contribution will be the same percentage of the fortnightly superannuation contribution salary as that required for employees who are members of PSSap which will be no less than 15.4 per cent. This will not be reduced by any other contributions made through salary sacrifice arrangements. This clause does not apply where a superannuation fund cannot accept employer superannuation contributions (for example, unable to accept contributions for people aged over 75) Employer superannuation contributions will not be paid on behalf of employees during periods of leave that do not count as service, unless otherwise required under legislation or fund requirements The Managing Director may choose to limit superannuation choice to complying superannuation funds that allow employee and/or employer contributions to be paid through fortnightly electronic funds transfer using a file generated by DHA s payroll system. This provision does not apply to any employee who, at the commencement date, has superannuation contributions paid to a fund that does not allow contributions to be paid through fortnightly electronic funds transfer using a file generated by DHA s payroll system Notwithstanding that contributions may not legally be required to be made under the provisions of any applicable superannuation legislation, employer superannuation contributions will be paid to accumulation superannuation funds during periods of paid and unpaid parental leave (including Maternity, Parental, Adoption and Foster Care Leave) for periods of leave to a maximum of 52 weeks. 20. Supported salary for employees with a disability 20.1 Employees who have a disability to the extent that they meet the impairment criteria for the Disability Support Pension (DSP) may be employed under this Agreement and be paid a supported salary in accordance with the Government s Supported Wage System. 10

12 PART C. CLASSIFICATION STRUCTURE AND ADVANCEMENT 21. Classification structure 21.1 The DHA classification structure is outlined at Appendix 1. The classification structure includes the following broadbands: DHA2 to DHA4 broadband called Broadband 1; and DHA5 to DHA6 broadband called Broadband Employees who commence in Broadband 1 at the DHA2 level will advance to the DHA3 level subject to work availability at that level and: for employees who are employed on probation, on successful completion of their probation; or for other employees, after six months at DHA, subject to being assessed at least at the satisfactory level Sub-clause 21.2 does not apply to non-ongoing employees engaged on an irregular or intermittent basis (casual) Employees at the DHA3 level in Broadband 1 and at the DHA5 level in Broadband 2 may be advanced to the higher level within that broadband where there is a vacant position and the employee is assessed at least at the satisfactory level and is assessed as having the necessary expertise, skill and ability to perform the tasks of the vacant position. 22. Advancement to higher salary within level 22.1 To recognise exceptional performance, an employee s salary will advance within his or her classification level by two per cent, subject to the employee not being paid more than the maximum pay rate for that classification level, from 1 October in each year where he or she: (c) has been classified at that level for at least six months; is not already at the maximum salary for his or her classification level; and is assessed under the Performance Development Scheme as having Exceeded Targets, or an equivalent assessment rating where the scheme is changed during the life of the Agreement Periods of unpaid leave not to count as service and unauthorised absences will not be included in the period of service required under sub-clause

13 23. Cadetships 23.1 DHA may engage cadets under an established cadetship scheme Where DHA engages a Cadet, the cadet will be engaged at the DHA2 level and will be paid at the minimum annual salary of the DHA2 level as set out at Appendix 1. The cadet will receive the normal rate of pay for their classification when attending DHA for practical training and 60 per cent of this rate when in full-time study Cadet employees will undertake a course of training as determined by the Managing Director On successful completion of a cadetship, DHA may offer continuing employment to the cadet at the DHA3 level, subject to the availability of a suitable vacant position for the cadet and having been assessed at least at the satisfactory level. 24. Traineeships 24.1 DHA may engage Trainee employees under a Traineeship or an Indigenous Traineeship scheme The Trainee will be engaged at the DHA Trainee level and will be paid at the minimum DHA Trainee annual salary as set out at Appendix Notwithstanding sub-clause 24.2, trainees will be paid not less than the minimum rate of pay for trainees set by Fair Work Australia A Trainee employee will undertake a course of training determined by the Managing Director On successful completion of a Traineeship, DHA may offer continuing employment to the trainee subject to work availability and having been assessed at least at the satisfactory level. Continuing employment will be at the DHA3 level. 25. Graduates 25.1 DHA may employ graduates as part of a graduate intake scheme. The graduates will be subject to DHA s graduate program and will be engaged at the DHA3 level throughout that program. The program will normally be for a period of 12 months On successful completion of the graduate program, DHA will offer continuing employment to the graduate subject to work availability and having being assessed at least at the satisfactory level. Continuing employment will be at the DHA4 level. 26. Juniors 26.1 Employees who are younger than 18 years of age and who are employed at the DHA2 level will be paid an annual salary determined by the Managing Director. 12

14 26.2 Notwithstanding sub-clause 26.1, Juniors will be paid not less than the relevant APS Award minimum rate of pay. 27. Higher duties 27.1 The following table sets out the payment arrangements where an employee is required to work at a higher level for a temporary period: Level of higher duties DHA3 DHA6 EL1 EL2 Length of qualifying period for payment of higher duties 2 weeks 6 weeks Higher duties to be paid $1,000 per annum or minimum pay point of higher level at which the duty is being performed, whichever is greater (pro rata for higher duties period) $2,000 per annum or minimum pay point of higher level at which the duty is being performed, whichever is greater (pro rata for higher duties period) 27.2 Where an employee is required to work at a higher level and does not receive any additional payment, the period of higher duties will be taken into account in the employee s performance review Where an employee is initially required to work at a higher level for a period that does not require additional payment and the higher level work is later extended such that the total period does require additional payment, the employee will be paid for the duration of the higher duties The Managing Director may determine that an employee who is entitled to additional payment under this clause will be paid a higher amount than specified in sub-clause

15 PART D. PERFORMANCE MANAGEMENT 28. Performance Development Scheme 28.1 All employees are required to participate in the Performance Development Scheme which requires each employee to enter into an annual Performance Development Agreement Employees performance will be reviewed each appraisal cycle against their performance as reflected in their negotiated Performance Development Agreement. 29. Managing under performance 29.1 The procedures outlined in this clause apply to ongoing employees after completion of their probationary period and non-ongoing employees who have been employed by DHA for more than 6 months, other than employees who are employed on an irregular or intermittent basis (casual) The following procedures will be applied where an employee is not performing at the 'met all targets' standard expected of his or her level. These procedures do not apply to breaches or alleged breaches of the APS Code of Conduct The steps to be taken by a supervisor in managing the employee s performance are: (c) informal efforts to improve the employee s performance including feedback on the areas of performance that require improvement and acting on appropriate development activities; formal performance counselling and development of a performance improvement plan which includes: (i) (ii) areas of performance that require improvement; the performance standards that must be achieved and maintained; (iii) suggested development activities; and (iv) the length of an assessment period (minimum of six weeks) in which the employee s work will be assessed against the required performance standards and the duties of the employee. preparation of a report comparing the employee s performance with the required performance standards and including a recommendation on action to be taken. 14

16 29.4 Following the completion of an under performance process and consideration of the supervisor s report and recommendation, DHA may: (c) (d) (e) take no further action as the employee has met the required standards; require a further assessment period; reduce the employee s classification level; transfer the employee to another position at the same level; or terminate the employee s employment Where DHA decides not to take any further action as the employee has met the required standards and the employee s performance again falls below the required standards during the next 12 months the managing under performance process will recommence. The assessment period in this instance will be four weeks. 15

17 PART E. HOURS OF WORK 30. Ordinary hours of work 30.1 The ordinary hours of work for a full time employee are, 7 hours 30 minutes per day, Monday to Friday The spans within which ordinary hours may be worked are: 6:30am to 12:00 midnight, Monday to Friday for shiftworkers; and 6:30am to 6:30pm, Monday to Friday for all other employees The ordinary hours of work for a part time employee are as specified in his or her part time work agreement Non-ongoing employees working on an irregular or intermittent basis (casual) do not have set ordinary hours of work. 31. On call arrangements 31.1 Employees at or below DHA6 level will not be required to be on call outside of the employee s paid working hours. 32. Christmas break 32.1 DHA will allow employees to be absent on the two working days between Christmas and New Year without loss of pay or the use of any leave credits, subject to a skeleton staff working on those days to allow continuation of normal services during that period Employees at DHA6 level and below who are required to work on the two working days between Christmas and New Year to provide the skeleton staffing or to meet business requirements will be paid at the rate of double time for all hours required to be worked Skeleton staffing is the number of employees in different roles that are necessary in order to ensure that normal day to day services are provided to clients during that period. The requirements of the skeleton staffing will be determined by the Business Unit Manager. 33. Flextime arrangements 33.1 This clause applies to all full time employees at DHA6 level and below unless otherwise determined by the Managing Director Employees will keep timesheets that will record their start and finish times and meal breaks each day. Any authorised time worked on a day that is in excess of 7 hours 30 minutes will accrue a credit. Where an employee works less than 7 hours 30 minutes, the employee will accrue a debit for the reduced hours. 16

18 33.3 Employees may choose to start between 8.00 am and 8.30 am and finish between 5.00 pm and 5.30 pm without requiring approval from their manager. An employee may start and/or finish outside those times and within the span of hours on a single day or on an ongoing basis with the prior approval of his or her manager and subject to operational requirements. This clause does not apply to employees who are working shiftwork or who are working according to a roster For the purposes of accounting for hours of work, any leave taken by an employee will be treated as: 7 hours 30 minutes of work for a full day of leave; or the actual hours the employee was absent for a part day of leave Each employee will be entitled to a flex day each four weeks subject to the employee having a credit of at least 7 hours 30 minutes before taking the day off An employee may take additional flex days (which may be as a full or part day) where he or she has sufficient credits accrued, subject to the approval of his or her supervisor The maximum credit an employee may accrue is 37 hours and 30 minutes The maximum debit an employee may accrue is 10 hours. Any debit that would take the employee beyond 10 hours debit will be treated as unpaid leave and may be regarded as an unauthorised absence An employee will not be paid for any credits held by the employee on termination of employment with DHA The value of any debits held by the employee at termination of employment must be repaid. This repayment will normally be by way of a reduction in the employee s termination payment. 34. Transition to flextime arrangements 34.1 This clause only applies to existing employees at the commencement date. Employees will continue to work under the rostered day off arrangements until the commencement of the flextime system in accordance with clause Employees will move to the flextime arrangements from: the commencement date; or the first working day after the employee takes a rostered day off. 17

19 35. Working hours for EL1 and EL2 employees 35.1 Daily working hours will not normally be specified for EL1 and EL2 employees. In place of this, EL1 and EL2 employees are required to ensure their working hours are sufficient to meet all reasonable operational requirements, achieve required outcomes and, for full time employees, be at least 150 hours for every four weeks EL1 and EL2 employees may also be required to work reasonable additional hours which will not attract any additional pay or entitlement. In determining whether any additional hours worked are reasonable, DHA will take into account the factors set out in section 62(3) of the Fair Work Act Notwithstanding sub-clause 35.1, DHA will take reasonable steps (including taking into consideration the employee's work requirements, relevant staffing levels and DHA's operational requirements at the time) to allow EL1 and EL2 employees to take time off in recognition of additional hours worked. However, where this is not feasible the employee will not receive any additional pay. 36. Rostering 36.1 DHA may elect to require a group of employees to work according to a roster where operational requirements are such that employees are required to work outside normal business hours DHA must consult with affected employees before the introduction of any rostering arrangements Where employees are working according to a roster, DHA will take into account an employee s personal preferences and circumstances in the development of the roster and when making changes to a roster Changes to a roster will not be made with less than 7 days notice to employees except where the changes are due to urgent operational requirements or where affected employees are in agreement The rostered hours will include sufficient additional time each day for full time employees at DHA6 level and below to allow such employees to take a flex day each four weeks. The flex day will then be included in the roster Where a manager approves an employee at DHA6 level and below to work time that is additional to his or her rostered hours and that additional time is not overtime, the employee will accrue additional flex credits that may be used to take additional flex days, subject to the approval of the employee s manager. 18

20 37. Shiftwork 37.1 Shiftworker means a DHA employee who works according to a roster which has rostered shifts that include ordinary hours falling between 6:30pm and 12:00 midnight - Monday to Friday A shiftworker will receive a shift penalty of 15 per cent for any shift that includes ordinary hours between 6:30pm and 12:00 midnight, Monday to Friday Shift penalties will not be payable in respect of any overtime worked by a shiftworker DHA will generally not change a shift roster with less than 7 days notice to an employee without the employee s agreement unless at least 7days notice is not possible because the roster change is necessitated by: an unexpected absence of another employee; or operational necessity caused by an event or incident not controlled by DHA Flextime arrangements will be available to shiftworkers on the same basis as for other employees who are working according to a roster. Shift penalties will not be paid for a flex day. 38. Part time work 38.1 A part time employee is one whose ordinary hours of work are less than 37 hours and 30 minutes per week The minimum period of part time work that will be approved is four weeks Unless otherwise specified in this Agreement, remuneration and other conditions for part time employees, including leave, will be calculated on a pro rata basis Allowances of a reimbursement nature will be the same for part time and full time employees All part time employees will have a part time work agreement which will specify: (c) (d) (e) the ordinary hours of work; the days of the week the employee will be required to work; the circumstances in which overtime will be payable; the duration of the part time work; and any specific arrangements that are needed to facilitate the part time work. 19

21 Employee initiated part time work 38.6 DHA will consider employee requests for part time work taking into account: (c) the reasons for the employee s request to convert to part time work; the impact the part time work will have on operational effectiveness and rostering; and any options that may reduce the operational impact of the employee s conversion to part time work The commencement or continuation of part time work will only occur where agreement is reached on the content of the part time work agreement On completion of the part time work agreement, the employee may request a further period of part time work or a return to full time work The part time work agreement may be reviewed on the initiation of the employee or his or her supervisor, with either giving four weeks notice in writing. DHA initiated part time work DHA may advertise a vacancy for a part time position Where DHA advertises a vacancy for a part time position, the content of the part time work agreement may be determined by DHA in advance of filling the vacancy A part time employee who has been engaged as such by DHA and who is not converting from full time work will have no automatic rights to full time employment but may apply for full time positions advertised by DHA. Part time work combined with on call arrangements For positions that would not normally be suited to part time work arrangements, DHA may approve an arrangement that combines part time work with a form of 'on call' arrangements. Where this option is approved, the following will apply: the employee will have specified part time work and work arrangements applying during the part time work; outside of the employee s part time hours, the employee will be required to be accessible by telephone and/or and to make decisions and provide direction, and be subject to direction from DHA, as required. The employee will not normally be required to attend the office; and 20

22 (c) during the on call arrangements set out in and above, the employee will be paid for a specified number of hours of work that is based on the average time the employee is expected to be required to work Where a combined part time work and on call arrangement is entered into, the hours paid for the on call period may be reviewed at any time to ensure reflection of the average amount of work undertaken during the on call periods as determined by DHA The employee s part time hours for the purpose of determining pro rata entitlements will be equal to the actual part time hours plus the number of hours paid during the on call period A combined part time work and on call arrangement may be cancelled by either the employee or DHA with four weeks written notice. 39. Overtime 39.1 Overtime may be approved by DHA for employees at classification levels DHA level 6 and below DHA may require an employee to work a reasonable amount of overtime. In determining what is reasonable overtime, DHA will take into account factors including the operational requirements of DHA, an employee's personal circumstances, the notice given to an employee by DHA and any risk to an employee's health and safety Overtime for a non shiftworker is where DHA requires an employee to work beyond 6:30pm or on public holidays or on weekends. Where an employee works beyond 6:30pm, overtime will commence from 5:30pm unless otherwise agreed with the employee. DHA may approve overtime outside of these criteria where it is considered appropriate in the circumstances Overtime for a shiftworker is where DHA requires an employee to work more than 30 minutes in excess of his or her rostered hours (in which case the overtime will commence from the end of the employee s rostered shift), on public holidays or on weekends The normal means of compensation for overtime will be time off in lieu, accrued at the overtime rate, which must be taken within eight weeks of the overtime being worked. For a shiftworker, shift penalties will not be paid for time off in lieu. Where the employee s manager is unable to identify a time within the following eight weeks for the employee to take time off in lieu, the employee will be paid for the overtime For the purposes of calculating the entitlement, the following rates apply: Monday to Friday (excluding public holidays) - time and a half; Saturday time and a half for the first three hours and double time thereafter; 21

23 (c) (d) Sunday double time; and Public holidays: (i) where the employee is being paid for the public holiday in accordance with sub-clause 66.4 time and a half for all hours worked in addition to the employee s normal pay for that day; (ii) where the employee would not otherwise be paid for the public holiday double time and a half for all hours worked For the purposes of sub-clause 39.6 the minimum period of overtime where it is not continuous with ordinary hours is three hours. 40. Meal allowance 40.1 An employee is entitled to payment of a meal allowance of $26.45 where the employee is required to work: more than two hours overtime where the overtime is continuous with normal work; or more than four hours overtime on weekends or public holidays Meal allowance is not payable if the employee is receiving a meals and incidentals allowance The rate for meal allowance will be reviewed annually by DHA. 22

24 PART F. FLEXIBLE WORKING ARRANGEMENTS 41. Flexibility arrangements 41.1 The Managing Director and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the following terms of this Agreement: (c) (d) (e) (f) arrangements about when work is performed; overtime rates; penalty rates; allowances; remuneration; and/or leave An individual flexibility arrangement must meet the genuine needs of DHA and the employee in relation to one or more of the matters mentioned in sub-clause 41.1 and must be genuinely agreed to by DHA and the employee DHA must ensure that the terms of an individual flexibility arrangement: (c) are about permitted matters under section 172 of the Fair Work Act; are not unlawful terms under section 194 of the Fair Work Act; and result in the employee being better off overall than the employee would be if no arrangement was made DHA must ensure that the individual flexibility arrangement: (c) (d) is in writing; includes the name of DHA and the employee; is signed by DHA and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and includes details of: (i) the terms of this Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and 23

25 (iv) states the day on which the arrangement commences and, where applicable, when the arrangement ceases DHA must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to DHA or the employee may terminate the individual flexibility arrangement: by giving 28 days written notice to the other party to the arrangement; or if DHA and employee agree in writing at any time. 42. Flexible working arrangements 42.1 This clause applies to employees who have at least 12 months continuous service in the APS, other than employees engaged on an irregular or intermittent basis (casual) who do not have a reasonable expectation of continuing employment on a regular and systematic basis An employee may request flexible working arrangements, including parttime hours, to assist the employee to care for: (c) a child of the employee who is under school age; a child who is under school age for whom the employee has responsibility for the care of; or a member of the employee s immediate family who has a disability The employee s request must be in writing and set out the changes being sought and the reasons for the changes DHA may only refuse an employee request under sub-clause 42.2 on reasonable business grounds DHA must reply in writing to any employee request under this clause within 21 days setting out the reasons for any refusal of the request. 24

26 PART G. LEAVE 43. General provisions 43.1 Public holidays that fall during a period of paid leave other than Long Service Leave, Maternity Leave, Adoption Leave or Fostering Leave, will not be deducted from the employee s leave credits. 44. Portability of leave 44.1 Where an employee moves (including on promotion or for an agreed period) from another agency where they were an ongoing APS employee, the employee s unused accrued Annual Leave and Personal/Carers Leave (however described) will be recognised, provided there is no break in continuity of service Where a person is engaged as an ongoing employee, and immediately prior to the engagement the person was as a non-ongoing APS employee, DHA may, at the employee s request, recognise any accrued Annual Leave and personal/carers leave (however described), provided there is no break in continuity of service. Any recognised Annual Leave excludes any accrued leave paid out on separation from the employee s former agency Where an employee is engaged as either an ongoing or non-ongoing APS employee immediately following a period of ongoing employment in the Parliamentary Service or the ACT Government Service, the employee s unused accrued Annual Leave and Personal/Carers Leave (however described) will be recognised, provided there is no break in continuity of service For the purposes of this clause: APS employee has the same meaning as the same term in the Public Service Act; Parliamentary Service refers to employment under the Parliamentary Service Act DHA may agree to allow an employee who joins DHA from a State or the Northern Territory Public Service to transfer accrued annual leave and personal/carers leave (however described), provided there is no break in continuity of service. 45. Annual leave 45.1 Full time employees are entitled to 20 days of annual leave per year, accrued and credited on a daily basis An employee is able to take annual leave, subject to the availability of credits and approval by the employee s manager. 25

27 45.3 DHA will not unreasonably refuse a request by an employee to take paid annual leave Employees will not accrue any annual leave during any unauthorised absences or unpaid leave that is not to count as service of more than 30 calendar days in a calendar year Employees on worker s compensation leave for more than 45 weeks will have annual leave credits calculated according to actual hours worked after completion of the 45 weeks. Half pay annual leave 45.6 An employee may elect to take his or her annual leave at half pay. Where this occurs, only half of the period of leave will count as service. An employee s annual leave balance will be reduced at half the rate. Recall from leave 45.7 Where the Managing Director cancels approved annual leave for an employee, he or she will be entitled to the reimbursement of reasonable expenses incurred by the employee that are not otherwise recoverable under any insurance or from any other source and which are a direct result of the cancellation of the leave. Maximum annual leave credits 45.8 Where an employee has more than 40 days of annual leave credits, DHA may require the employee to take sufficient annual leave to reduce his or her credits to 20 days. Where possible, any leave taken under this sub-clause will be at an agreed time. Where DHA and an employee are unable to agree on the timing for a required period of leave, the Managing Director may specify the timing of the leave as long as the employee has been provided with at least four weeks of notice. Cashing out of annual leave credits 45.9 The Managing Director may agree to an employee s request to cash out annual leave in accordance with the following: (c) (d) (e) a maximum of 10 days may be cashed out in any 12 month period; the cashing out must not result in the employee having less than 20 days of annual leave credits remaining; the request to cash out must be in writing; the option may be taken only once in any 12 month period; and the employee must either; (i) have already taken at least 10 days of annual leave during the previous 12 months; or 26

28 (ii) take at least 10 days of annual leave immediately after the cashing out; and (iii) the Managing Director must accept that the employee does not need to take a longer period of leave for rest and recovery purposes. Payment for annual leave credits on termination of employment Employees will be paid for any unused annual leave credits on resignation or termination of employment. 46. Purchased leave 46.1 Purchased leave is an option available to an employee that provides him or her with additional leave credits that are purchased by reducing the employee s fortnightly salary for a period of time The minimum amount of leave that can be purchased is one week and there is no upper limit. However, approval of access to purchased leave is subject to whether there will be an adverse operational impact and any costs involved in mitigating this impact An employee must gain agreement, in principle, for any proposed period of absence and all available annual leave credits must be used before purchased leave is utilised When applying for purchased leave, the employee must advise when he or she is seeking to take the purchased leave and the period of salary deduction to pay for the leave, subject to a maximum recovery period of three months for each week of purchased leave The deduction from the employee s pay will be calculated according to the following formula: Gross weekly salary X number of weeks of purchased leave number of fortnights of salary deduction 46.6 Purchased leave does not count as service for any purpose except for the first four weeks Salary for superannuation, severance and termination purposes for an employee, who has elected to purchase leave, shall be determined as if the purchased leave arrangement did not exist Adjustments to salary deductions will occur to reflect any salary movements that result in a change in the value of purchased leave absences An employee or DHA, due to operational requirements, may cancel the purchased leave arrangements where exceptional circumstances occur. In this case, the employee will be refunded the salary deductions less the value of any purchased leave already taken. 27

29 47. Personal leave 47.1 Ongoing employees will accrue personal leave credits in accordance with the following: employees who are not subject to the portability provisions of clause 44 will receive 15 days of personal leave credits on commencement with DHA and after each subsequent 12 months of continuous service, an additional 15 days; employees who are subject to the portability provisions of clause 44 will receive 15 full days of personal leave credits 12 months after they last received personal leave credits from their former agency and then after each subsequent 12 months of continuous service, an additional 15 days Non-ongoing employees who are not employed on an irregular or intermittent basis (casual) will accrue personal leave credits in accordance with this clause as follows: 15 days during their first 12 months of employment, on a pro rata basis; and 15 days of personal leave credits at the commencement of the second and subsequent years of service The date for accrual of personal leave credits will be deferred by the length of any period of unauthorised absence or leave not to count as service of more than 30 calendar days during the previous 12 months Part time employees will have the accrual of personal leave credits based on the hours they are working as at the accrual date Employees on worker s compensation leave for more than 45 weeks will have personal leave credits calculated according to actual hours worked after completion of the 45 weeks Where an employee obtains workers compensation benefits for a period during which he or she received paid personal leave, the employee shall repay the amount paid for that period and DHA will re-credit that personal leave to the employee Unused personal leave credits will accumulate from year to year without limit Personal leave is not paid out on termination of employment. Approval of personal leave 47.9 The Managing Director may, subject to the availability of personal leave credits, approve paid personal leave for an employee for the following purposes: where the employee is ill or injured and as a result is unable to work; 28

30 to provide care or support for a member of his or her immediate family or household who requires care or support because of: (i) (ii) an illness or injury of an immediate family or household member; or an unexpected emergency affecting an immediate family or household member Medical certificates must be provided by employees for absences due to personal injury or illness where: the employee has already had five days of personal leave in the accrual year without a medical certificate; or the absence is for more than two consecutive days Notwithstanding sub-clause 47.10, the Managing Director may waive the requirement to provide a medical certificate where the Managing Director does not require any verification that the employee is unfit for work The Managing Director may require an employee to provide a medical certificate for any absence due to personal illness or injury as long as the employee is not required to obtain a retrospective medical certificate The Managing Director may require an employee to provide appropriate verification of the reasons for seeking personal leave where it is for a reason other than personal illness or injury such as: where the leave is because of an illness or injury of an immediate family or household member, a medical certificate; or where the leave is because of an unexpected emergency affecting an immediate family or household member, a statutory declaration or other form of verification acceptable to the Managing Director An employee may not take personal leave while on paid maternity leave. Unpaid personal leave Where an employee is unfit for work due to a personal illness or injury and he or she has no personal leave credits, he or she may seek approval to take unpaid personal leave for a maximum continuous period of three months, with medical certificates covering any period to be taken. Unpaid leave under this sub-clause will count as service for all purposes other than for the purpose of accrual of personal leave credits Any subsequent unpaid leave that is required by the employee will be unpaid other leave and will not count as service for any purpose. Notification requirements An employee must notify his or her supervisor of his or her absence and intention to apply for personal leave as soon as reasonably possible. 29

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