Tourism Australia Enterprise Agreement

Transcription

1 Tourism Australia Enterprise Agreement

2 SECTION A TITLE AND SCOPE OF AGREEMENT 5 1. TITLE 5 2. COVERED 5 3. COMMENCEMENT AND DURATION 5 4. RELATIONSHIP WITH OTHER AGREEMENTS, AWARDS, LEGISLATION AND POLICIES 5 5. A COMPREHENSIVE AGREEMENT 6 6. AGREEMENT OBJECTIVES 6 7. NO EXTRA CLAIMS 6 8. FREEDOM OF ASSOCIATION 6 9. ANTI-DISCRIMINATION FLEXIBILITY CONSULTATION DISPUTE RESOLUTION PRINCIPLES FOR WORKPLACE DELEGATES CONSULTATIVE ARRANGEMENTS DEFINITIONS 11 SECTION B CLASSIFICATION AND EMPLOYMENT JOB BANDING BASIS OF APPOINTMENT PROBATION 12 SECTION C REMUNERATION SUPERANNUATION ANNUAL SALARY INCREASES METHOD OF SALARY PAYMENT CADET AND TRAINEE RATES SALARY ADVANCEMENT SALARY ON REDUCTION SALARY PACKAGING 15 SECTION D ALLOWANCES AND BENEFITS OVERTIME OVERTIME MEAL ALLOWANCE HIGHER DUTIES ALLOWANCE FIRST AID ALLOWANCE HEALTH AND SAFETY REPRESENTATIVE ALLOWANCE FIRE WARDEN ALLOWANCE ON-CALL ALLOWANCE EMERGENCY DUTY ALLOWANCE TRAVEL ALLOWANCE MOTOR VEHICLE ALLOWANCE SKILL ALLOWANCE SCHOOL HOLIDAY CARE PROFESSIONAL ASSOCIATIONS REIMBURSEMENT OF BUSINESS EXPENSES REIMBURSEMENT OF RELOCATION EXPENSES 19 Page 2 of 40

3 SECTION E HOURS AND WORKING ARRANGEMENTS HOURS OF DUTY PART-TIME EMPLOYMENT AGREED WORK PATTERNS TIME OFF IN LIEU ATTENDANCE AND ABSENCE UNAUTHORISED ABSENCE WORKING FROM HOME PERFORMANCE OF OUTSIDE WORK PUBLIC HOLIDAYS ADDITIONAL DAY 24 SECTION F LEAVE ANNUAL LEAVE PERSONAL LEAVE COMPASSIONATE LEAVE MISCELLANEOUS LEAVE LEAVE WITHOUT PAY LONG SERVICE LEAVE MATERNITY LEAVE PATERNITY LEAVE ADOPTION LEAVE CAREER BREAK LEAVE CANCELLATION OF LEAVE OR RECALL TO DUTY FROM LEAVE STUDY ASSISTANCE PORTABILITY OF LEAVE 31 SECTION G PERFORMANCE AND DEVELOPMENT PERFORMANCE MANAGEMENT FRAMEWORK LEARNING AND DEVELOPMENT EMPLOYEE MOBILITY WORKPLACE DIVERSITY BULLYING AND HARASSMENT FAIRNESS IN MANAGING UNDER-PERFORMANCE 34 SECTION H WORKING ENVIRONMENT OCCUPATIONAL HEALTH AND SAFETY ENERGY AND ACCOMMODATION HEALTH AND WELLBEING INITIATIVES EMPLOYEE ASSISTANCE PROGRAM 35 SECTION I TERMINATION OF EMPLOYMENT RESIGNATION REDEPLOYMENT AND REDUNDANCY TERMINATION OF EMPLOYMENT ABANDONMENT OF EMPLOYMENT MISCONDUCT 38 Page 3 of 40

4 SECTION J SIGNATORIES 39 APPENDIX A 40 Page 4 of 40

5 SECTION A TITLE AND SCOPE OF AGREEMENT 1. TITLE 1.1. This Agreement, made under section 172 of the Fair Work Act 2009, will be known as the Tourism Australia Enterprise Agreement COVERED 2.1. The parties to this Agreement are: Tourism Australia employees Bands 1-4; Tourism Australia Managing Director; and Subject to an application in accordance with section 183 of the FW Act and approved by FWC under section 201(2) of the FW Act, the Community and Public Sector Union (CPSU) This Agreement does not apply to: Any employee who is party to an Australian Workplace Agreement with Tourism Australia. Any employee who is employed in a Band 5, Band 6 or Band 7 position with Tourism Australia 3. COMMENCEMENT AND DURATION 3.1. This Agreement will commence operation seven days after Fair Work Commission (FWC) has issued a notice indicating that this Agreement meets the better off overall test and will have a nominal expiry date of three years from the date of commencement. 4. RELATIONSHIP WITH OTHER AGREEMENTS, AWARDS, LEGISLATION AND POLICIES 4.1. Without incorporating the terms of any legislation into this Agreement, it is acknowledged that employment in Tourism Australia is subject to the provisions of various Acts (and regulations or instruments made under those Acts) as in force from time to time, including: Tourism Australia Act 2004 Long Service Leave (Commonwealth Employees) Act 1976 Maternity Leave (Commonwealth Employees) Act 1973 Work Health and Safety Act 2012 Safety, Rehabilitation and Compensation Act 1988 Superannuation Act 1976 Superannuation Act 1990 Superannuation Act 2005 Superannuation Productivity Benefit Act 1988 Fair Work Act The operation of this Agreement is supported by Tourism Australia policies, procedures, guides and guidelines which are incorporated by reference in this Agreement. Page 5 of 40

6 4.3. In accordance with section 257 of The Act, where this Agreement incorporates such policies, procedures, guides or guidelines, these policies, procedures, guides and guidelines are incorporated as in force from time to time If there is any inconsistency between the policies, procedures, guides and guidelines and the terms of this Agreement, the express terms of this Agreement will prevail Tourism Australia agrees to follow the consultation procedures contained in this Agreement before any changes are made to the policies, procedures, guides and guidelines incorporated by reference or to policies, procedures, guides and guidelines which are developed to support the operation of this agreement in relation to matters affecting entitlements or conditions of employment. 5. A COMPREHENSIVE AGREEMENT 5.1. This Enterprise Agreement is a comprehensive Agreement The Managing Director may, in writing, delegate any of the Managing Director s powers or functions under this Agreement. 6. AGREEMENT OBJECTIVES 6.1. The objective of this Agreement is to support Tourism Australia s business by: Providing competitive rewards which enable Tourism Australia to attract and retain talented and productive employees; Aligning Tourism Australia s pay system with its performance management system so that rewards are linked to performance; Providing for flexible conditions of employment which enable Tourism Australia to make best use of its resources and for employees to balance their work, family and community responsibilities; and Providing for simpler and transparent employment conditions. 7. NO EXTRA CLAIMS 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. FREEDOM OF ASSOCIATION 8.1. Tourism Australia recognises that employees are free to choose to join a union or not join a union. Employees who choose to be members of a union have the right to participate in union activities and have their industrial interests represented by that union. 9. ANTI-DISCRIMINATION 9.1. Employees agree that: to respect and value the diversity of the work force by helping to prevent and eliminate discrimination at their enterprise on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin; and Page 6 of 40

7 any dispute concerning these provisions and their operation will be progressed initially under the dispute resolution procedure in this Enterprise Agreement; and nothing in these provisions allows any treatment that would otherwise be prohibited by antidiscrimination provisions in applicable Commonwealth, State or Territory legislation; and nothing in these provisions prohibits: 10.FLEXIBILITY Any discriminatory conduct (or conduct having a discriminatory effect) that is based on the inherent requirements of a particular position; or Any discriminatory conduct (or conduct having a discriminatory effect) if: The employee is a member of staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed; and The conduct was in good faith to avoid injury to the religious susceptibilities of that religion or creed An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: a) the agreement deals with 1 or more of the following matters: Arrangements about when work is performed; Overtime rates; Penalty rates; Allowances; Leave loading; and b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a) and c) the arrangement is genuinely agreed to by the employer and employee The employer must ensure that the terms of the individual flexibility arrangement: 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 The employer must ensure that the individual flexibility arrangement: is in writing; and includes the name of the employer and employee; and is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and includes details of: The terms of the enterprise agreement that will be varied by the arrangement; and How the arrangement will vary the effect of the terms; and Page 7 of 40

8 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 States the day on which the arrangement commences The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to The employer or employee may terminate the individual flexibility arrangement: by giving no more than 28 days written notice to the other party to the arrangement; or if the employer and employee agree in writing - at any time. 11. CONSULTATION This term applies if: The employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and The change is likely to have a significant effect on employees of the enterprise The employer must notify the relevant employees of the decision to introduce the major change The relevant employees may appoint a representative for the purposes of the procedures in this term If: a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative As soon as practicable after making its decision, the employer must: discuss with the relevant employees: the introduction of the change; and the effect the change is likely to have on the employees; and measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and for the purposes of the discussion, - provide, in writing, to the relevant employees: All relevant information about the change including the nature of the change proposed; and Information about the expected effects of the change on the employees; and Any other matters likely to affect the employees However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees If a term in the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in subclauses 11.2, 11.3 and 11.5 are taken not to apply. Page 8 of 40

9 11.9. In this term, a major change is likely to have a significant effect on employees if it results in: The termination of the employment of employees; or Major change to the composition, operation or size of the employer s workforce or to the skills required of employees; or The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or The alteration of hours of work; or The need to retrain employees; or The need to relocate employees to another workplace; or The restructuring of jobs In this term, relevant employees means the employees who may be affected by the major change. 12.DISPUTE RESOLUTION If a dispute relates to: A matter arising under the agreement; or The National Employment Standards; this term sets out procedures to settle the dispute An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission Fair Work Commission may deal with the dispute in 2 stages: Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and if Fair Work Commission is unable to resolve the dispute at the first stage, Fair Work Commission may then: arbitrate the dispute; and make a determination that is binding on the parties. Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision While the parties are trying to resolve the dispute using the procedures in this term: an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless: Page 9 of 40

10 the work is not safe; or applicable occupational health and safety legislation would not permit the work to be performed; or the work is not appropriate for the employee to perform; or there are other reasonable grounds for the employee to refuse to comply with the direction The parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this term. 13.PRINCIPLES FOR WORKPLACE DELEGATES The role of union workplace delegates is to be respected and facilitated Agencies and workplace delegates must deal with each other in good faith The rights of union workplace delegates and recognised representatives 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 who 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; reasonable paid time off to represent union members in the agency at relevant union forums; reasonable access to agency facilities for the purpose of carrying out work as a delegate and consulting with workplace colleagues and the union, subject to agency policies and protocols; reasonable paid time during normal working hours to consult with colleagues in the workplace; reasonable access to appropriate training in workplace relations matters including training provided by a union; 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 Agencies will seek to facilitate official union communication with employees by means that may include: the use of as a means of communicating with employees and other means of information sharing, including written materials, electronic billboards and access to websites; and group or individual meetings between employees and their representatives 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. 14.CONSULTATIVE ARRANGEMENTS Page 10 of 40

11 14.1. Tourism Australia is committed to consulting and sharing information with its employees and their representatives and workplace matters affecting them Consultation will occur directly between managers and their staff, as well as through Tourism Australia s Joint Consultative Committee (JCC) Information may be shared, for example, through Divisional and Branch meetings, Tourism Australia wide meetings, newsletters, and the intranet, as appropriate Tourism Australia s JCC will comprise at least three management nominees, one of whom represents the Employer, and at least three employee representatives, of whom at least one is a Union representative (subject to a nomination being provided by the union) The JCC will meet regularly to discuss significant changes to corporate and operational plans, policy and on the implementation of this agreement To assist JCC delegates and representatives to meet their obligations and responsibilities under this Agreement, Tourism Australia will, having regard to its operational and resource requirements, provide appropriate facilities in the form of release from duties, access to office equipment including computing and photocopying facilities and access to communications systems. 15.DEFINITIONS "TA" - means Tourism Australia; FWC means Fair Work Commission "Enterprise Agreement" - means an agreement made in accordance of the Fair Work Act 2009, "Managing Director" - means the person for the time being performing the duties of the office of Managing Director as defined in the Tourism Australia Act 2004; "Delegate" - means a person to whom the Managing Director has delegated a power or function under this Agreement; "Employee" - means those engaged as such under Section 55 of the Tourism Australia Act 2004 in a Band 1 to Band 4 position inclusive and who are working in Australia. "Higher Duties" - means the temporary assignment of duties at a higher classification level; "Immediate family" or household - means a relation by blood, marriage in fact or law, adoption, fostering or traditional kinship, or a person who stands in a demonstrated bona fide domestic or household relationship with an employee. Members of an employee's immediate family or household may include a spouse (including a former spouse, a de facto spouse and a former de facto spouse); a child or an adult child (including an adopted child, a step child or an exnuptial child); a parent, a grandparent, a grandchild or a sibling of the employee or spouse of the employee; Medical Certificate - means a certificate signed by a registered health practitioner; Registered Health Practitioner - means a health practitioner registered, or licensed, as a health practitioner (or as a health practitioner of a particular type) under a law of a State or Territory that provides for the registration of health practitioners (or health practitioners of that type); "Salary for all purposes" - means the employee's rate of salary/pay excluding any lump sum bonus. Participation in salary sacrifice arrangements will not affect salary for these purposes unless specifically authorised or specified; "The Act" - means the Fair Work Act 2009; "This Agreement" - means the Tourism Australia Enterprise Agreement Page 11 of 40

12 Transfer - means the assignment of duties at or below level on an ongoing or temporary basis as appropriate. SECTION B CLASSIFICATION AND EMPLOYMENT 16.JOB BANDING Tourism Australia will maintain a seven level classification structure consisting of Bands 1 to 7 inclusive Tourism Australia will use the Hay job evaluation methodology to allocate an approved classification band to all employees covered by this agreement, based on the role that they perform. Information on the system is available from the People & Culture Department Once an employee has been allocated to a band, they retain that classification for the period of their employment with Tourism Australia, unless they are either promoted to a higher band, or voluntarily accept redeployment to a lower band. If job responsibilities change throughout the course of employment, the role is reviewed and band adjusted accordingly. Current employees have already been allocated to a band based on their employment contracts. New employees will be notified of the band in which they are to be placed prior to commencing employment with Tourism Australia. 17.BASIS OF APPOINTMENT Employees may be engaged on an ongoing basis or for a fixed term or specified task Ongoing employment will be the normal mode of employment at Tourism Australia, but other forms of employment may be utilised for operational needs Tourism Australia will not engage employees for a fixed term or specified task as a substitute for probation, or to avoid merit based selection processes which are required Tourism Australia will review appointments on a fixed term or specified task basis at twelve monthly intervals after engagement to establish whether an ongoing position exists Employees will be engaged on an ongoing basis unless their offer of employment specifies that they are engaged for a fixed term or specified task Employees who are engaged for a fixed term or specified task may have their employment terminated at the expiry of that term or task, provided that they are provided with the period of notice required under this agreement At the time of engagement, Tourism Australia will inform each employee in writing of the conditions of engagement, including: The type of employment; Whether a probationary period applies and, if so, the expected duration of the period; If the person is engaged for a specified term, the relevant reason or purpose specified; If the person is engaged for a specified term, the estimated duration of the task; and A list of the main instruments governing the terms and conditions of their employment. 18.PROBATION Tourism Australia will engage employees on up to six months probation. The probationary term will be specified as part of the offer of employment according to the following: Page 12 of 40

13 Bands 1 and 2-3 months probation Band 3 and 4-6 months probation Discussions with the employee will be conducted regularly over the period of probation. Prior to the expiry of the term of probation, Tourism Australia will review the performance of the probationer and their suitability for ongoing employment with Tourism Australia. Such a review will be in writing and constitute part of the staff member s personnel file In the event Tourism Australia believes the probationer s performance is unsatisfactory or the probationer is otherwise unsuitable for ongoing employment with Tourism Australia, the employment of the probationer will be terminated Probation periods will only be extended in circumstances where either the employee or the manager have been absent from the workplace for a period of at least one month during the probation period. Probation periods can only be extended once, for a maximum duration of one month. SECTION C REMUNERATION 19.SUPERANNUATION Tourism Australia will provide choice of superannuation for employees and will pay an employer contribution component of 15.4% to the employee s nominated fund Tourism Australia s contribution will be calculated as 15.4% of the employee s fortnightly ordinary time earnings (OTE) Tourism Australia s default superannuation fund is the AustralianSuper Existing Public Sector Superannuation (PSS), Public Sector Superannuation Accumulation Plan (PSSap) and Commonwealth Superannuation Scheme (CSS) arrangements will be utilised in accordance with the relevant legislation and requirements. 20.ANNUAL SALARY INCREASES The parties to the Agreement are committed to a performance improvement culture and will seek to develop performance improvement initiatives, in consultation with employees, and implement strategies that will produce productivity savings and performance improvements. On 1 July 2013 (or from the commencement of the agreement, whichever is the later), 1 July 2014 and 1 July 2015 employees (excluding those who commenced employment with Tourism Australia in the three months prior to that date, or who were assessed as unsatisfactory in the annual PPR process), will receive an increase in their base salary of 2.5%. Employees who are assessed as unsatisfactory will be entitled to full payment, backdated to the date of effect of payment if their performance is subsequently assessed as having improved after completion of a performance preview process (ref Clause 69). The overall increase based on these figures would therefore be 3% if employee s rating is 3 (meets expectations) The Managing Director may award additional, performance-based salary increases to eligible staff proportionate to their assessed level of performance All employees will receive an annual salary, for their respective Band, which is no less than the amount shown at column 2, and no more than the amount shown at column 3 in accordance with Appendix A. Page 13 of 40

14 21.METHOD OF SALARY PAYMENT Employees will be paid fortnightly and the fortnightly rate of pay will be calculated using the following formula: Fortnightly pay = annual salary X Salaries will be paid fortnightly in arrears and will be deposited by Tourism Australia into a bank or credit union account nominated by the employee Where an overpayment of salary, allowances or other remuneration to an employee has been identified, the General Manager, Corporate Services may recover that overpayment in full. The rate of recovery of the overpayment will be by agreement where possible Where agreement cannot be reached with the employee on the rate of recovery, the overpayment will be repaid at the rate of twenty (20) per cent of the employee's net fortnightly pay until such time as the overpayment has been repaid. The employee may authorise a greater amount to be deducted from their salary by the department. Where the deduction would cause severe hardship for the employee, a lesser amount may be approved by the General Manager, Corporate Services Where an employee has been underpaid salary or allowances, TA will correct the situation as quickly as possible. 22.CADET AND TRAINEE RATES A trainee is an employee who has recently completed a course of study (either Higher Education or Tertiary) or who is combining tertiary education, traineeship or an apprenticeship with work. A trainee may have little or no prior work experience. A cadet is an employee who is involved in full time study and concurrently undertaking work placement at Tourism Australia Cadet and Trainee rates of pay as a percentage of the Tourism Australia Band 1 equivalent adult rate of pay will apply as follows: Practical training at 75% Full-time study at 50% 23.SALARY ADVANCEMENT Adjustments to salaries can be made outside of the annual salary review process. Increases in salary will be justified in one of the following circumstances: Where the employee has received higher duties for a continuous period of more than 12 months. In this situation, their salary will be permanently increased to match the higher duties allowance, or the maximum of their Band, whichever is the lesser; or Where an employee whose performance was rated as unsatisfactory, has demonstrated a satisfactory improvement in performance after completion of a performance preview process (ref Clause 69); or As a response to market conditions, where a case is established that salary relativities are at a significant imbalance that justifies corrective action; or In recognition of outstanding performance; or Where an employee has been assigned to a new role at their existing Band or where there has been a substantial increase in accountabilities in their role, but their Band remains unchanged. Page 14 of 40

15 23.2. Any annual salary advancement is subject to the employee s overall diligence, efficiency, attendance for duty and performance being assessed as outstanding by his or her manager. 24.SALARY ON REDUCTION Where an employee agrees, in writing, to temporarily perform work at a lower work value level, the Managing Director may determine in writing that the employee shall be paid a rate of salary applicable to the lower work value level. 25.SALARY PACKAGING Tourism Australia will offer salary packaging to employees Where employees take up the option of salary packaging, an employee's salary for purposes of superannuation, severance and termination payments, and any other purposes, will be determined as if the salary packaging arrangement had not occurred All employees may determine the form in which the total remuneration due to them under this Agreement (base salary, superannuation and any applicable benefits) is taken subject to: Their package complying with the requirements of applicable superannuation legislation; A neutral after tax cost to Tourism Australia; The administrative costs and financial liabilities involved being, in the view of Tourism Australia, reasonable; and The salary packaging options are in line with Tourism Australia s policy on salary packaging. SECTION D ALLOWANCES AND BENEFITS 26.OVERTIME Full-time employees who earn salaries up to, but not exceeding $61,080 who are directed to work overtime will receive payment at the following overtime rates: Time and one half for the first 3 hours and double time thereafter for overtime worked Monday to Saturday; and Double time for overtime worked on a Sunday or Public Holiday An employee will have the option of either receiving payment for overtime or time off in lieu The salary rate that determines eligibility for overtime will be adjusted by the same percentage as annual salary increases on 30 June of each year with any adjustment taking effect from 1 July each year In requiring employees to work overtime, managers must have regard to the employee s personal circumstances including any family responsibilities, and Occupational Health and Safety implications An employee may refuse to work overtime where the requirement to work overtime is unreasonable having regard to : Any risk to employee health and safety The employee s personal circumstances including any family responsibilities; Any other relevant matter Page 15 of 40

16 26.6. An employee may not be directed to work a pattern of ordinary hours which provides for unpaid meal breaks of more than 30 minutes, or for more than 10 elapsed hours between the starting time and the finishing time on any day An employee must be granted at least eight consecutive hours off duty plus reasonable travelling time between the completion of overtime and the commencement of the employee s next ordinary work day Employees who have not had at least eight consecutive hours off duty, plus reasonable travelling time, between the time they cease overtime and the time they are next directed to commence ordinary duty, are entitled to double ordinary time rates for the time worked until they have had eight consecutive hours off duty, plus reasonable travelling time Where an employee is directed to perform overtime duty, and such duty is not continuous with ordinary duty, the minimum overtime payment for each separate overtime attendance will be four hours at the prescribed overtime rate Where an overtime attendance, not continuous with ordinary duty, involves duty both before and after midnight, the minimum number of hours paid will continue to be four hours in total and will be paid at the higher rate of the two days. For example, if working Saturday from 10pm to Sunday 1am, the payment will be for four hours at the Sunday overtime rate. 27.OVERTIME MEAL ALLOWANCE Where an employee is directed to work overtime either before or after his or her ordinary hours of duty for the day and the employee takes an unpaid meal break, the employee will be entitled to receive an overtime meal allowance of $29.60 in addition to any overtime payment Where an employee is directed to work overtime immediately following the end of ordinary hours of duty for the day and this overtime goes to either the completion of, or beyond a meal allowance period as defined below, the employee will be entitled to receive an overtime meal allowance of $29.60 in addition to any overtime payment Where an employee is directed to work overtime on a Saturday, Sunday or public holiday and the period of overtime extends beyond a meal break period as defined below, the employee will be entitled to receive an overtime meal allowance of $29.60 for an unpaid meal break in addition to any overtime payment A meal break period will mean the following periods: 7.00am to 9.00am; 12 noon to 2.00pm; 6.00pm to 7.00pm; and midnight to 1.00am The rate for overtime meal allowance will be reviewed on 30 June of each year with any adjustment taking effect from 1 July each year. 28.HIGHER DUTIES ALLOWANCE An employee who is directed in writing to temporarily perform and take full responsibility for a job which is in a higher classification band than their own job, for a continuous period of more than 10 working days, will, in addition to their normal salary, be paid an allowance of 10% of their current base salary or the minimum prescribed rate for the band they are acting in, whichever is the greater Tourism Australia may, at its discretion, pay a lesser allowance to an employee who temporarily takes on part of the responsibilities for a higher banded position. 29.FIRST AID ALLOWANCE Page 16 of 40

17 29.1. An employee who possesses a current first aid certificate (Standard A, B or C) and who is designated by the Occupational Health & Safety Committee to undertake first aid responsibilities within Tourism Australia will be paid an allowance of $25 per fortnight. 30.HEALTH AND SAFETY REPRESENTATIVE ALLOWANCE An employee who has undertaken formal training and who is designated by Tourism Australia to undertake Health and Safety Representative responsibilities within Tourism Australia will be paid an allowance of $25 per fortnight. 31.FIRE WARDEN ALLOWANCE An employee who has undertaken formal training and who is designated by Tourism Australia to undertake Fire Warden responsibilities within Tourism Australia will be paid an allowance of $15 per fortnight. 32.ON-CALL ALLOWANCE The Managing Director may direct an employee to be contactable and to be available to perform extra duty outside of the employee s ordinary hours of duty, subject to payment under this clause. Payment will be subject to the following conditions: the on-call situation is imposed by the prior written direction of the Managing Director or is subsequently approved in writing by the Managing Director where the circumstances did not permit prior direction; and An employee who is required to remain contactable and available to perform extra duty outside the employee s ordinary hours of duty will be paid an allowance at a rate of: 15% of the employee s hourly rate of salary for each hour on-call Monday to Friday; 20% of the employee s hourly rate of salary for each hour on-call Saturday and Sunday and on public holidays An employee s salary for the calculation of this allowance will include higher duties allowance and any other allowances in the nature of salary The allowance will be payable for each hour or part hour the employee is on-call outside the employee s ordinary hours of duty An employee will receive a one hour minimum payment for performing duty not at Tourism Australia s premises, and a three hour minimum payment if recalled to Tourism Australia s premises to perform duty Employees should not be on call for more than seven days in a twenty one day period and should not be on call for more than one weekend in a three week period Payment under this clause will not be made where the employee does not remain contactable or at the required degree of readiness to perform extra duty. Required readiness would include ability to, if required, attend duty in a timely manner and be in a proper and fit state to fully undertake duties required. 33.EMERGENCY DUTY ALLOWANCE If an employee is called into work to meet an emergency outside the normal standard daily hours of duty and no notice of such call was given to the employee prior to ceasing ordinary duty, the employee Page 17 of 40

18 will be entitled to be paid for the period of work and any time spent in travelling for a minimum period of three hours. 34.TRAVEL ALLOWANCE Tourism Australia will meet the costs of air travel, travel by public transport, hire car, or private vehicle as appropriate and approved, where travel is undertaken for business purposes. Tourism Australia will cover the reasonable associated costs of meals, incidentals and accommodation. 35.MOTOR VEHICLE ALLOWANCE Where it is clearly demonstrated that the use of a private motor vehicle by an employee will result in greater efficiency and will involve less expense, the Managing Director may authorise an employee to use a private motor vehicle owned or hired by the employee at his or her own expense for approved business travel. Before the use of a private motor vehicle is approved, employees may be required to provide documentary evidence that the use of the private motor vehicle will involve less expense and will result in greater efficiency Where so authorised, an employee will be entitled to a motor vehicle allowance at a rate specified by the Australian Taxation Office. 36.SKILL ALLOWANCE The Managing Director may approve payment of an allowance of no more than 10% of the maximum of the relevant Band for those employees who possess skills or knowledge role that is essential in order to carry out a specific role and he/she has successfully completed a recognised training program designated to provide the knowledge and skills required for the role. 37.SCHOOL HOLIDAY CARE Employees who request leave, but are required for work during school holiday periods will be entitled to a school holiday care allowance School holiday care allowance covers the costs of approved child care while the parent is at work at Tourism Australia. Where more than one parent works for Tourism Australia, they must both be at work at Tourism Australia 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 child An employee who is on Personal Leave due to injury or illness may still be eligible for the allowance. A medical certificate will be required in support of a claim for the allowance 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 The employee must provide evidence of expenses incurred at the time of claiming the allowance. 38.PROFESSIONAL ASSOCIATIONS In line with Tourism Australia's philosophy on professionalism and maintaining expertise, Tourism Australia encourages employees to belong to professional associations relevant to their area of work All employees in Bands 1 to 3 roles covered by this Agreement are eligible to be reimbursed for one professional membership per year that is relevant to their work. Employees in band 4 are eligible to be reimbursed for two professional memberships per year relevant to their work. Page 18 of 40

19 38.3. An essential condition of reimbursement requires that employees present, no less than annually, to their peers on relevant and contemporary issues raised by the professional association. 39.REIMBURSEMENT OF BUSINESS EXPENSES Tourism Australia offers prompt reimbursement to the employee for all reasonable expenses incurred by the employee in connection with Tourism Australia business; supported by appropriate receipts This clause must be read in conjunction with Tourism Australia s policies on travel and entertainment which provide for prior authorisation of travel or otherwise specify the type and level of expenses that will be regarded as reasonable. 40.REIMBURSEMENT OF RELOCATION EXPENSES Where an employee takes up a role at the request of Tourism Australia which requires them to relocate their place of residence in Australia, Tourism Australia will pay the employee a relocation allowance calculated at the level anticipated as required to reimburse reasonable relocation expenses The amount of such an allowance will be advised to an employee as part of the terms of any relocation offer and may be subject to discussion with the employee Acceptance of an offer of relocation will also constitute acceptance of all the terms of that offer Tourism Australia may, entirely at its discretion, also pay a relocation allowance to an employee who moves their place of residence in order to take up an offer of employment by Tourism Australia Where an employee is paid a relocation allowance and is subsequently made redundant within 12 months of relocation, Tourism Australia may, entirely at its discretion, also pay a relocation allowance to assist with repatriation to the employee s home location. Transferring employees / new employees will be required to sign an undertaking, recognising that they may be required to repay all or part of any relocation expenses paid to them, or on their behalf, if they voluntarily leave the company within 12 months from the date of transfer or appointment, in accordance with the following scale: 100% % in the event of a voluntarily resignation within 2 months; 85% in the event of a voluntarily resignation between 3 and 5 months; 70% in the event of a voluntarily resignation between 6 and 8 months; 50% in the event of a voluntarily resignation between 9 and 10 months; 25% in the event of a voluntarily resignation between 11 and 12 months. Tourism Australia may, entirely at its discretion, waive the repayment depending on circumstances. SECTION E HOURS AND WORKING ARRANGEMENTS 41. HOURS OF DUTY The ordinary hours of duty for full-time employees are 150 hours per 4-week period which are worked within the normal span of hours of 7am to 7pm, Monday to Friday. However it is recognised that some positions may require normal work within the 150 hours per 4-week period outside of this span, and this must be taken into account when determining the normal working hours for each position The Standard Working Day comprises the hours 9:00am to 12:30pm and 1:30pm to 5:30pm. For parttime employees, the daily standard hours are the hours agreed in the relevant part-time work agreement or letter of appointment. Employees should not work for more than five hours without a meal break of at least 30 minutes. Page 19 of 40

20 41.3. As a general rule employees should not work more than 10 hours in a day. 42.PART-TIME EMPLOYMENT A part-time employee is one whose regular hours of work are less than 150 hours over a four week period Tourism Australia recognises that part-time employment may enhance workforce flexibility and may assist employees to balance work and family responsibilities. Either the employee or Tourism Australia can initiate proposals for part-time work An employee will only move to part-time employment by agreement between the parties. Requests for regular part-time work will be agreed subject to operational requirements Part-time employees can vary their ordinary hours of work subject to operational requirements Managers of part-time employees shall ensure that the workload placed upon those employees reflects the hours worked by the employee Remuneration and other benefits for part-time employees will be calculated on a pro-rata basis, apart from those allowances of a reimbursement nature, where part-time employees will receive the same amounts as full-time employees Part-time employees will accrue Annual Leave on a pro-rata basis. Leave will be credited in respect of the total number of weekly hours worked over the accrual period. Annual Leave granted will be deducted from credits on an hour for hour basis, with no salary variation Part-time employees will accrue Personal Leave on a pro-rata basis. Leave will be credited in respect of the total number of weekly hours worked over the accrual period. Personal Leave granted will be deducted from credits on an hour for hour basis, with no salary variation A part-time employee and his or her manager may, by agreement, vary their regular hours of work. Similarly, part-time working arrangements may, for other than designated part-time jobs, be terminated by agreement. 43.AGREED WORK PATTERNS An employee and their manager may enter into an agreed work pattern that allows the employee to work regular hours of duty, which will normally fall within the normal span of hours. When agreeing on a new work pattern, Tourism Australia expects: Employees to take appropriate responsibility for managing their workload; Employees and managers to respond to short and longer term changes in operational requirements; Managers to take account of the personal circumstances of employees and the need to maintain a work/life balance; and Managers to anticipate and manage varying workloads and deadlines An employee and their manager may at any time agree to change the agreed work pattern to be worked by the employee Where there is a genuine operational need, Tourism Australia may direct an employee to adopt a particular work pattern, subject to providing at least 2 weeks notice. In making such a direction Tourism Australia will take into account the needs of the employee, including their family commitments, as well as the requirements of the work area and of Tourism Australia s clients. Page 20 of 40

21 43.4. Subject to operational requirements and the agreement of their manager, part-time employees will be able to adjust their part-time hours and work patterns. These agreements may only be varied by written agreement between the employee and manager An employee who has caring responsibilities may request flexibility in working arrangements. An employee is not entitled to make the request unless they have completed at least 12 months of continuous service with Tourism Australia. 44.TIME OFF IN LIEU Where employees in Bands 1, 2 or 3 roles who are not eligible for overtime are directed to work additional hours beyond the ordinary hours of duty, they will be compensated through the accrual of time off in lieu of hours worked (TOIL) TOIL can be claimed in the following situations:- Office-based work - TOIL will accrue on an hour for hour basis for work that is directed to be performed in a Tourism Australia office or at home, that is outside the agreed work pattern; (This provision applies to Bands 1-3 only) Trade and Consumer Shows TOIL will accrue on an hour for hour basis Hosting travel agent, airline, tour operator and media famils - TOIL will accrue on an hour for hour basis Business Travel - TOIL will accrue on an hour for hour basis to a maximum of 7½ hours for each day spent travelling on a weekend or public holiday TOIL cannot be claimed in the following situations: Voluntary attendance at industry functions; Attendance at work-related dinners or functions; Travelling time where an individual travels on business, except where that travel happens on a weekend or public holiday; and Accompanying travel agent, airline, tour operator and media famils TOIL will be managed in a fair and equitable manner and will embrace the following principles: Recognition by both managers and employees that Tourism Australia is an integral part of the tourism, travel and hospitality industry and, as such, work may involve afterhours commitments; Recognition by both managers and employees that a portion of afterhours work can be a sociable part of the job that provides networking and personal development opportunities; Recognition by managers that employees may need reasonable time off (for a period of at least 8 hours) to recharge after business travel, famils and industry conferences etc; and A commitment from managers to appropriately plan and enable a fair TOIL outcome to be determined with employees TOIL in most instances accrues on an hour for hour basis Employees cannot accumulate more than seventy five (75) hours TOIL at any point in time TOIL should be utilised as soon as possible after it accrues, and cannot accrue more than three (3) months from the original date of entitlement. Any TOIL not utilised within three (3) month of accrual may not be cashed out and will expire if unused, subject to the conditions below. Page 21 of 40

22 44.8. TOIL shall be agreed upon, and recorded, by both the manager and employee. TOIL will be taken at a time, or times, agreed between the manager and the employee. Eligible staff will be able to take TOIL in the Settlement Period immediately following the Settlement Period in which the TOIL was accrued. Where a Manager does not approve the taking of accrued TOIL in a Settlement Period, the reasons for the decision will be given to the eligible staff member in writing. Where an eligible staff member has accrued the maximum amount of TOIL in accordance with this agreement i.e. 75 Hours, and: 1. an application to take TOIL is denied and; 2. the denial above would result in the eligible staff member exceeding the maximum TOIL accrual at the end of the following Settlement Period, the eligible staff member will not lose any TOIL owing. If this situation eventuates, the eligible staff member will take the excess TOIL in the next Settlement Period. Where an eligible staff member s TOIL accruals exceed 75 hours and there is no prospect of TOIL being taken in the next settlement period, then the employee may request 8 hours be banked in a Christmas bank. This will only occur with the approval of the Manager/Executive General Manager. Once the Christmas bank reaches a total of 16 hours no further banking will occur. The 16 hours banked will be used to provide 2 days leave between the 25th and 31st of December. When a staff member who is eligible for TOIL is directed to work on a weekend, TOIL will be accrued on an hour for hour basis. All staff eligible for TOIL who are directed to work on a public holiday will accrue TOIL at double time. 45.ATTENDANCE AND ABSENCE All Tourism Australia employees are responsible for the accurate recording of their attendance for duty each day by a method approved by the Managing Director Employees who are unable to attend for duty on a particular day should notify their manager by 10am. Absences should be recorded as soon as practicable upon resumption of duty by a method approved by the Managing Director Employees are responsible for ensuring that applications for unplanned leave are lodged no later than the end of the week in which the absence/s occurred. Managers are responsible for actioning applications for leave as soon as practicable after the application has been submitted Managers are responsible for monitoring that leave applications accurately reflect the employee s attendance record Where an employee is absent from duty without approval, all pay and other benefits provided under this Agreement will cease to be available until the employee resumes duty or is granted leave. 46.UNAUTHORISED ABSENCE Where an employee is absent from duty without approval, all pay and other benefits provided for under this Agreement will cease to be available until the employee resumes duty or is granted leave. Page 22 of 40

23 46.2. Where an employee is absent from work without approval for seven consecutive working days, action on the grounds of non-performance of duties will commence. Reasonable efforts will be made to contact the employee and to establish the reason for the unauthorised absence. Any periods of unauthorised absence will not count for service for any purpose. 47.WORKING FROM HOME By agreement with the relevant manager an employee may work from home on either a regular or temporary basis Where agreement is reached for an employee to work from home on a regular basis, Tourism Australia will ensure that the home environment complies with Work Health and Safety requirements, that business information and data is appropriately secure and will provide, at no cost to the employee, computers and telecommunications equipment that is appropriate to the nature of work performed The agreed arrangement can only be varied by agreement, but may be terminated by either party with a minimum notice period of two weeks or such shorter period as may be agreed between the manager and employee The agreed arrangement can be varied or terminated as a result of operational requirements, the inefficiency and /or ineffectiveness of the arrangement, and/or the failure of the employee to comply with specified requirements. 48.PERFORMANCE OF OUTSIDE WORK Outside employment is prohibited without the prior written permission of the Managing Director or delegate, and is subject to the following conditions: The outside employment will be performed wholly in the employee s private time; The outside employment will not place the employee in a conflict with their official duties, or would lead to the perception that they have placed themselves in conflict with their official duties; The employee is aware of and agrees to abide by all the provisions of the Code of Conduct; and The outside employment will not affect the employee s efficiency to perform his or her official duties In considering applications for permission to engage in outside employment, Tourism Australia will look to strike a proper balance between its interests as an employer and the rights of employees to lead their private lives free from unnecessary restrictions Employees may not accept payment for outside activities which would be regarded as part of their normal duties. 49.PUBLIC HOLIDAYS Tourism Australia shall observe the following public holidays each calendar year without loss of pay: 1st January (New Year s Day) or, if that day falls on a Saturday or Sunday, the following Monday; 26th January (Australia Day) or, if that day falls on a Saturday or Sunday, the following Monday; Good Friday and the following Saturday and Monday; 25th April (Anzac Day) or, if that day falls on a Saturday or Sunday, the following Monday; In each state, the day observed to celebrate the anniversary of the birthday of the Sovereign; Page 23 of 40

24 25th December (Christmas Day) or, if that day falls on a Saturday or Sunday, 27th December; 26th December (Boxing Day) or, if that day falls on a Saturday or Sunday, 28th December Any other day, or part-day, declared or prescribed by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of the State or Territory, as a public holiday, other than a day or part-day, or a kind of day or part-day, that is excluded by the Fair Work Regulations from counting as a public holiday. If under a State or Territory law, a day or part-day is substituted for one of the public holidays listed above, then the substituted day or part-day is the public holiday. 50.ADDITIONAL DAY Tourism Australia shall observe an additional day within the Christmas/New Year period according to the following table: Christmas Day Sunday Monday Tuesday Wednesday Thursday Friday Saturday Additional day Wednesday, 28th December Wednesday 27th December Monday, 31st December Friday, 27th December Monday, 29th December Tuesday, 29th December Wednesday, 29th December SECTION F LEAVE 51.ANNUAL LEAVE Annual Leave will accrue at a rate of 20 days per year for a full-time employee and will count as service for all purposes. Annual accruals will be reduced for periods of Leave without Pay that do not count as service Employees are expected to reach agreement with their manager for the taking of leave and use 100% of their Annual Leave in each accrual year. Managers may schedule Annual Leave for employees as part of business planning processes Where an employee has an existing annual leave credit in excess of 30 days at the employee will continue to accrue Annual Leave, but will be directed to reduce the outstanding balance to 30 days or less within 4 months unless a longer period is approved Employees may accrue leave in excess of 30 days in exceptional circumstances such as, but not limited to major holiday or planning for a birth of a child. Approval will be contingent on a discussion and agreement between the employee and their manager Annual Leave accrues daily and will be credited daily Page 24 of 40

25 51.6. Employees may request Annual Leave at half pay, subject to operational requirements and the approval of their manager (taking account of the likely workload and all possible consequences) provided that reasonable notice of the intention to apply for half pay is provided Where an employee is ill or injured while on Annual Leave and applies for Personal Leave for periods of not less than three days with satisfactory documentary evidence the Annual Leave may be recredited to the extent of the Personal Leave granted Where an employee is required to use Compassionate Leave while on Annual Leave, and subject to the Compassionate Leave provisions of this Agreement, the Annual Leave may be re-credited to the extent of Compassionate Leave granted Employees may negotiate with their manager to purchase additional annual leave above 20 days per annum. If this is agreed, then the employee s salary will be reduced appropriately taking into account the reduced leave and the reduction in accrued leave for the period over which the employee will be on extended leave. Annual leave can only be purchased in 5 day blocks and the reduced salary component will be paid over the 52 week period. Such negotiations will take place only once each year Unused Annual Leave will be paid out to the employee (or the employee s estate) if the employee permanently leaves Tourism Australia, using the employee s final rate of salary, including allowances that would have been included in the employee s pay during a period of Annual Leave Employees in receipt of compensation under the Safety, Rehabilitation and Compensation Act 1988 for more than 45 weeks will cease to accrue Annual Leave. Employees who are on a graduated return to work program and who have received compensation for a total of 45 weeks will accrue Annual Leave credits on a pro-rata basis for hours actually worked If a full-time employee reduces their Annual Leave accrual to no more than 10 days (75 hours) in the 12 month period up to the anniversary of their commencement (not by cashing out accrued leave) and the employee has taken a minimum of 20 days Annual Leave during that period, the employee will be given an additional 3 day Annual Leave bonus which is to be used within the three months of their anniversary date. The 3 day Annual Leave bonus will not accrue, may not be cashed out and will expire if unused Full-time employees who have an accrued Annual leave balance in excess of 20 days may cash out part of their leave providing they maintain a minimum balance of 20 days. 52.PERSONAL LEAVE Full-time employees accrue 15 days Personal Leave at full pay on initial commencement and on the anniversary of their commencement with Tourism Australia. Annual accruals will be reduced for periods of Leave without Pay that do not count as service Paid Personal Leave shall be available to employees when they are absent for the following reasons: Personal illness or injury. The use of Personal Leave for illness must be supported by a medical certificate or satisfactory documentary evidence if it exceeds 3 consecutive working days, or 5 occasions in a year; or Caring for an ill member of their immediate family or household who requires the care and support of the employee or for whom the employee has caring responsibility. The use of Personal Leave due to caring responsibilities must be supported by a medical certificate or satisfactory documentary evidence if it exceeds 3 consecutive working days, or 5 occasions in a year; or Page 25 of 40

26 Attendance at funerals if Compassionate Leave is not applicable or supplementation for Compassionate Leave. The use of Personal Leave due to attendance at funerals must be supported by satisfactory documentary evidence Unused Personal Leave from previous years will accumulate but cannot be converted to salary or cashed out upon cessation or termination of employment Personal Leave at half pay may be accessed for absences due to personal illness or injury of ten days or more duration Where it is not reasonably practicable for an employee to provide a medical certificate from a registered health practitioner, a statutory declaration must be made by the employee. The statutory declaration must include: A statement to the effect that the employee has, is, or will be unfit or unavailable for work during the period because of a personal illness or injury or caring responsibility; and A statement outlining the reason/s why it was impracticable for the employee to obtain a medical certificate from a registered health practitioner Where an employee takes lengthy or regular periods of Personal Leave for the purpose of personal illness, the Managing Director may direct an employee to be assessed by a suitably qualified and independent medical practitioner An employee receiving workers compensation for more than 45 weeks will accrue Personal Leave on hours actually worked basis An employee will not be entitled to paid Personal Leave while on maternity, paternity or adoption leave A full time employee may take up to 3 days non-cumulative leave per year, without any deduction from their accrued Personal Leave, for: Personal emergencies Moving house; or Attend lectures or study requirements for courses previously approved under the Study Assistance policy A year for the purpose of this clause commences from the anniversary of the employee s engagement. On termination of employment, accrued non-cumulative personal leave will not be paid out 53.COMPASSIONATE LEAVE Employees will be granted three (3) days paid compassionate leave on each occasion that a member of his or her immediate family or household: Contracts or develops a personal illness that poses a serious threat to his or her life; or Sustains a personal injury that poses a serious threat to his or her life; or Dies The employee may take the period of leave as a single period of three (3) days or any separate period which the manager and employee agree In certain circumstances, the Managing Director may approve additional Compassionate Leave. In some circumstances supporting documentation or other supporting evidence or proof may be required. Page 26 of 40

27 53.4. Compassionate Leave will count as service for all purposes. 54.MISCELLANEOUS LEAVE Miscellaneous Leave may be granted by the Managing Director having regard to the operational needs of Tourism Australia and the workplace The intention of Miscellaneous Leave is to provide flexibility to managers and employees by providing that leave may be made available with pay, for a variety of purposes not catered for under alternative leave provisions Miscellaneous Leave may be granted in a range of circumstances including the following: Defence training - Tourism Australia recognises the need for staff who are members of the Defence Reserves to attend regular training, or service. Defence Reservists will be entitled to: 4 weeks (20 working days) leave on full pay each year to undertake Defence service; Up to 2 weeks paid leave to attend at recruit or initial employment training; Not pay Tourism Australia their tax-free Reserve salary; Treat Defence service, with or without pay or on top-up pay as service for all purposes except periods of leave without pay in excess of six months which do not count as service for recreation leave purposes; and Defence leave entitlements to accumulate and be taken over a two year period Have continued access to other components of the remuneration package such as superannuation (subject to the rules of the superannuation fund), study assistance, salary reviews and the like during periods of Defence service Emergency Services employees who participate as a member in operations of the State Emergency Service or an eligible community service activity will be granted up to 4 days paid leave on full pay each year for: Time when the employee engages in the activity; Reasonable travelling time associated with the activity; and Reasonable recovery time Jury duty employees who are called for jury service will, for the period of jury duty required, and upon presentation of appropriate documentation, be paid the difference between their jury pay and the rate of ordinary time pay that they would have received if they had not been called for jury service. 55.LEAVE WITHOUT PAY Employees may apply for Leave without Pay in the following circumstances: Engagement in work or employment in the interests of the public, defence or public safety for a maximum period of 2 years; or Caring responsibilities for immediate family members up to a maximum of 12 months; or Undertaking a course of study or development that is relevant to the activities of Tourism Australia. Applications for this reason will only be approved to a maximum of 12 months at a time; or To supplement a period of approved Annual Leave to a maximum of 10 days. Page 27 of 40

28 55.2. Consideration of such approvals will have regard to the following factors: The length of employment of the applicant; Previous periods of Leave Without Pay of the applicant; The operational requirements of the relevant work area including such matters as the ability to absorb the residual workload for the duration of the proposed leave and/or the practicality of relief arrangements or backfilling of the position; and The nature of the personal reasons provided by the applicant; It is also expected that a person would normally access their paid leave before commencing a period of Leave without Pay Leave without Pay applications to seek or trial other forms of employment will not be considered unless the applicant has been identified as a potentially surplus or excess employee. 56.LONG SERVICE LEAVE Employees are entitled to Long Service Leave in accordance with the Long Service Leave (Commonwealth Employees) Act Periods of Long Service Leave must be taken for a minimum of seven consecutive calendar days with the granting of such leave subject to operational requirements Employees will be able to take one period of Annual Leave in the middle of periods of Long Service Leave, provided the minimum continuous period of Long Service Leave is seven calendar days Consecutive periods of Long Service Leave separated only by public holidays and/or weekends will not be approved Employees who resign will be paid their accrued Long Service Leave if they have more than ten years relevant service. Where an employee, who has at least one year but fewer than ten years relevant service, ceases employment with Tourism Australia on or after reaching the minimum retiring age, or are made redundant, they are eligible to take any pro-rata Long Service Leave that they have accrued, or receive payment in lieu. 57.MATERNITY LEAVE A female employee is entitled to a maximum of 52 weeks maternity leave, of which 14 weeks shall be paid maternity leave. The remaining weeks can be made up of a combination of annual leave, long service leave (where it has accrued) and unpaid leave. The paid leave available will be reduced by any period of paid paternity leave taken by the employee s spouse in relation to the same child, and shall not be taken concurrently with that paternity leave. The unpaid leave available will be reduced by any period of paternity leave taken by the employee s spouse in relation to the same child, and shall not be taken concurrently with that paternity leave An employee may elect to take her paid maternity leave entitlement as 14 weeks full pay or as 28 weeks half pay. The paid leave component or, if taken as half pay, the full pay equivalent, will count as service for all purposes. Any unpaid leave component will be recognised as service for Long Service Leave purposes Maternity leave is available to female employees who have met the 12 month qualifying period. An employee with less than 12 months continuous service with Tourism Australia is eligible for maternity leave, but only as leave without pay. Page 28 of 40

29 57.4. Employees may request up to 12 months additional leave. Such requests should be made in writing to Tourism Australia at least four (4) weeks before the end of the available maternity leave period An employee who is pregnant is required to absent herself from duty six weeks before the expected date of confinement until six weeks after the actual date of birth of the child, unless she provides a doctor's certificate declaring her fit to either continue or return to duty Employees returning from Maternity Leave have the right to take up permanent part time work consistent with the Parental Leave Test Case Decision and Tourism Australia s business requirements. 58.PATERNITY LEAVE An employee is entitled to a maximum of 52 weeks paternity leave, of which 14 weeks shall be paid paternity leave for the purpose of being the primary carer for a child who is under 66 weeks old. The remaining weeks can be made up of a combination of annual leave, long service leave (where it has accrued) and unpaid paid leave Eligible employees will be entitled to 3 weeks leave of which 2 weeks will be paid leave; which can be taken concurrent with any period of paid maternity leave taken by the employee s spouse in relation to the same child. The balance of paid paternity leave will be reduced by the amount of paid maternity leave taken by the employee s spouse in relation to the same child and shall not be taken concurrently with that maternity leave. The unpaid leave available will be reduced by any period of maternity leave taken by the employee s spouse in relation to the same child, and shall not be taken concurrently with that maternity leave An employee may elect to take their paid paternity leave entitlement as 14 weeks full pay or as 28 weeks half pay. The paid leave component will count as service for all purposes. Any unpaid leave component will be recognised as service for Long Service Leave purposes Paternity leave is available to employees who have met the 12 month qualifying period. An employee with less than 12 months continuous service with Tourism Australia is eligible for paternity leave, but only as leave without pay Tourism Australia may require reasonable documentary evidence relating to the conditions under which parental leave is granted to be furnished by the employee prior to granting leave under this clause Employees may request up to 12 months additional leave. Such requests should be made in writing to Tourism Australia at least four (4) weeks before the end of the available maternity leave period. 59.ADOPTION LEAVE An employee is entitled to a maximum of 52 weeks adoption leave, of which 14 weeks shall be paid adoption leave. The remaining weeks can be made up of a combination of annual leave, long service leave (where it has accrued) and unpaid leave The Managing Director may approve paid Adoption Leave to Tourism Australia employees subject to the following conditions: The employee must produce a statement from an adoption agency or other appropriate body of the presumed date of placement of the child with the employee for adoption purposes, or a statement from the appropriate government authority confirming that the employee is to have custody of the child pending application for an adoption order; An employee must provide Tourism Australia with written advice no later than 14 days prior to the presumed date of placement of a child for adoption purposes of the placement date. Page 29 of 40

30 An employee who has completed a period of at least 12 months continuous service in Tourism Australia will be provided with Adoption Leave. Employees with less than 12 months continuous service in Tourism Australia will be entitled to pro-rata leave commencing on the date of placement; Adoption Leave will count as service for all other purposes Where the placement of a child for adoption purposes with an employee does not proceed or continue, the employee must notify Tourism Australia immediately to arrange a date for resumption of duty. Continuous periods of Adoption Leave may be taken on half pay. Employees may request up to 12 months additional leave. Such requests should be made in writing to Tourism Australia at least four (4) weeks before the end of the available adoption leave period. 60.CAREER BREAK LEAVE A permanent employee may elect to purchase one year s paid leave with salary payments over the preceding 4 years averaged at a rate of 80% per year Applications for Career Break Leave will be considered having regard to the operational requirements of Tourism Australia Once a period of Career Break Leave has been approved, it will not be rescinded by Tourism Australia unless exceptional circumstances arise Career Break Leave counts as service for all purposes. The employee s salary for superannuation purposes will be his/her salary as if he/she had not purchased leave Changes in an employee s salary or hours of work after entering into a Career Break Leave arrangement will be reflected in the amount of paid leave available or the amount deducted from their salary The Career Break Leave period will be 12 months and employees are expected to stay on the scheme for the whole period Salary for unused Career Break Leave will be refunded at the end of the leave period Employees on the Career Break Leave Scheme who have accessed, but not fully paid for, their leave when they cease employment with Tourism Australia, will be treated as having been overpaid on leaving Tourism Australia, and any monies owing will be deducted from their final monies Employees on the Career Break Leave Scheme who have purchased part of their proposed leave, but have not accessed the leave for which they have paid, will be reimbursed for the amount for which they have paid, but not taken, when they leave Tourism Australia. 61.CANCELLATION OF LEAVE OR RECALL TO DUTY FROM LEAVE An employee will only be recalled from leave in exceptional circumstances such as a declared crisis or at the direct instruction of the Managing Director If an employee is recalled to duty (either at Tourism Australia s head office, the nearest branch office or remotely) from leave from a locality other than his or her normal place of residence, ; or leave was cancelled prior to commencing leave date, the employee will be entitled to the following reimbursement: Page 30 of 40

31 The cost of any travel expenses for the employee in excess of the cost which the employee would have paid to return to his or her normal place of residence had he or she not been recalled to duty; The cost of any non-refundable accommodation and travel deposits and advance fares paid or purchased in respect of the employee and his or her dependants; Reimbursement of the leave period foregone; Non-refundable rent paid for accommodation not utilised; and Other reasonable expenses If an employee is recalled to duty from leave from his or her normal place of residence the employee will be entitled to unexpected child care costs In this clause "leave" means Annual Leave, Long Service Leave, or other approved leave The employee must provide evidence of expenses incurred at the time of claiming reimbursement. 62.STUDY ASSISTANCE Study assistance is available for all course work that will enhance an employee s ability to do their job. Any employee who wishes to apply for study assistance must have their nominated course work in their Development Plan for that financial year The proposed period & timing of the study must fit practically into the needs of the employee s work schedule and complement Tourism Australia s operational needs. The overall potential cost of the study assistance must be considered in relation to the likely benefits to Tourism Australia Employees must submit copies of all relevant documentation (course results, fee receipts for each subject, text book receipts and proof of passing the subject) to their manager in order to claim reimbursement. This process must be repeated each semester. Tourism Australia makes no commitment to ongoing financial assistance in the event that the employment of the employee is terminated for any reason Employees will be required to repay all or part of any reimbursement paid to them, or on their behalf, if they voluntarily leave the company within 12 months from the date of completion of course work, in accordance with the following scale: The graduated repayment scale is as follows: 100% % in the event of a voluntarily resignation within 2 months; 85% in the event of a voluntarily resignation between 3 and 5 months; 70% in the event of a voluntarily resignation between 6 and 8 months; 50% in the event of a voluntarily resignation between 9 and 10 months; 25% in the event of a voluntarily resignation between 11 and 12 months. Tourism Australia may, entirely at its discretion waive the repayment depending on circumstances. 63.PORTABILITY OF LEAVE Where an employee joins Tourism Australia on or after the date on which this Agreement commences from an employer staffed under the Public Service Act 1999 or the Parliamentary Service Act 1999, the employee retains any Annual Leave and Personal/Carer s Leave (however described) that were not Page 31 of 40

32 paid out on termination and is entitled to use those credits in accordance with this Agreement, provided there is no break in continuity of service. SECTION G PERFORMANCE AND DEVELOPMENT 64.PERFORMANCE MANAGEMENT FRAMEWORK Tourism Australia s Performance Planning and Review (PPR) system applies to all employees and provides for: Work goals and objectives to be set in consultation with employees and regularly reviewed; Training needs to be identified and development plans established; and Employees to be rewarded on the basis of their performance; All staff, in consultation with their manager, will develop a new Performance Plan at the start of each financial year or whenever their job changes. The Performance Plan will be derived from the Corporate Plan, Annual Operating Plan and the relevant job description Each Performance Plan will contain quantitative objectives that meet the SMART criteria and reflect performance standards that are job related and pre-determined behavioural objectives All employees and managers will prepare an annual development plan that identifies what skills or competencies are needed to improve performance in the current job or to support career development and growth in Tourism Australia Progress against Performance Plans will be regularly reviewed by the employee and their manager. Managers are accountable for ensuring that progress meetings are held on the agreed frequency and format. Employees are entitled to request a progress review at any time Managers should address and act upon identified poor performance issues as they arise. There should be no surprises at mid-year or year-end review All Performance Plans will be subject to a mandatory Mid Year Review in January of each year. The purpose of the mid-year review is to discuss progress against agreed objectives and development activities and to discuss the extent to which staff are exemplifying the corporate behaviours In the event that manager and employee disagree on the final assessment, the matter is referred to the Managing Director, or their delegate, to make a final determination Performance is evaluated against the agreed quantitative and behavioural objectives using the rating scale below: 1 - Unsatisfactory (Does not adequately satisfy the requirements of this job) 2 - Improvement needed (Limited adequacy in the required level for this job) 3 - Meets expectations (Satisfies the requirements of this job fully) 4 Exceeds expectations (Exceeds the required level for this job) 5 - Excellent (Consistently exceeds the required level for this job) 65.LEARNING AND DEVELOPMENT In recognition that training and development can enhance the potential of employees to contribute to achieving Tourism Australia's goals and to meet their career aspirations, there is a commitment that all employees should have the opportunity to participate in relevant learning and development activities. Page 32 of 40

33 65.2. Tourism Australia is committed to developing and using the skills of its employees through a process of training and development and the implementation of PPR Tourism Australia aims to emphasise learning activities that have a clear connection with Tourism Australia's work and assist employees ongoing careers Tourism Australia is committed to providing adequate training support to accompany any changes, innovations or improvements to work arrangements Tourism Australia is committed to developing its managers. During the life of this Agreement all Tourism Australia managers and supervisors will be provided with the opportunity to undertake a range of management development programs. 66.EMPLOYEE MOBILITY More tailored mobility arrangements are an important ingredient in promoting the development of a more skilled and flexible workforce and the successful spread of project teams and cross branch partnerships and improved working arrangements within Tourism Australia. Such arrangements also recognise that employees are employed by Tourism Australia to undertake work directed at achieving corporate objectives and priorities, rather than being engaged to perform a particular function or activity Further, more flexible arrangements offer both employees and Tourism Australia a range of potential benefits, including: The ability for Tourism Australia to meet changing priorities more effectively; The opportunity for employees to enhance their careers or future prospects through Expanded job experience and the development of a wider range of skills; Scope for the more effective utilisation of the various skills and talents of employees; and The opportunity to build a more integrated organisation Mobility will not be used by managers as a vehicle to avoid having to address performance issues. Performance issues should be addressed promptly and fairly, with feedback being the initial and primary channel for discussion. Mobility is not an appropriate means of addressing disciplinary matters Against that background, the following principles to guide mobility within Tourism Australia are agreed: Employees are committed to using their skills to contribute to Tourism Australia achieving its goals and objectives and accept that, as priorities change, they may need to move to another work area; Affected employees will continue to be consulted about a proposed move to another work area, however it is accepted that Tourism Australia can move an employee to another work area; An employee working as a member of a project team will, at the conclusion of the team s task, either return to his or her former work area or move to another work area and will not suffer disadvantage in job security relative to other employees of Tourism Australia; Where opportunities arise for employees to move jobs, managers will generally support such moves subject to operational requirements; Where an employee moves to another work area, necessary training and development (generally on-the-job) will be provided; Page 33 of 40

34 Where an employee moves to another work area, unless agreed otherwise, such a move will be at their existing grade and salary level; and Proposals to reassign staff will take account of the employee s personal circumstances and work life balance. 67.WORKPLACE DIVERSITY Tourism Australia will maintain a culture which supports and promotes the principles of Workplace Diversity Tourism Australia will ensure equal opportunity in recruitment, training, skills utilisation and career development for all employees. This will also assist in better meeting the needs of Tourism Australia's diverse range of customers. 68.BULLYING AND HARASSMENT Tourism Australia is committed to a workplace where all employees demonstrate respect for one another. Tourism Australia believes all employees have a responsibility to ensure we have such a workplace. Bullying or harassing behaviour, as defined by Tourism Australia policy, will not be tolerated and shall be dealt with in accordance with Tourism Australia policy and procedures which are in force and reviewed on a regular basis. 69.FAIRNESS IN MANAGING UNDER-PERFORMANCE Recognising that under-performance issues sometimes arise in Tourism Australia, in fairness to all employees, when they do arise these issues will be addressed promptly and fairly, with feedback being the initial and primary channel for discussing these issues. The following procedures apply to all employees covered by this Agreement who are not subject to probationary conditions It is agreed that in circumstances where, despite attempts to improve performance through feedback and other measures, performance consistently falls below the expected standard the following process will be implemented: STEP 1 - The manager will provide the employee with written advice of the need for performance to improve. The advice will specify the acceptable standard of work, how the employee s work does not meet that standard and the period in which that performance will need to improve (known as the review period, which will be minimum of 4 weeks and no longer than 2 months). The employee may provide comments about the written advice within seven days of receipt. A copy of the written advice will also be provided to General Manager People and Culture or other appropriate delegate. STEP 2 - During the review period, the manager will assess the employee s performance and prepare a progress report on the employee s performance. The employee must be given the opportunity to provide comments on the assessment progress report. STEP 3 - At the end of the review period, the manager will forward to the delegate an assessment of whether the employee has met the expected standard of performance, together with the progress reports and any other relevant documentation. STEP 4 - If the employee has met the expected standard of performance at the end of the review period, no further action will be taken. STEP 5 - If performance fails to meet the expected standard at the end of the review period, the delegate will write to the employee asking him or her to show cause within seven days as to why his or her employment should not be terminated. Page 34 of 40

35 STEP 6 - The delegate will then decide whether the employee's employment be terminated; or take some other action, including reassignment of duties or reduction in classification or salary The procedure outlined in this clause is not to be used for disciplinary reasons. SECTION H WORKING ENVIRONMENT 70.OCCUPATIONAL HEALTH AND SAFETY Tourism Australia is committed to providing employees with a safe and healthy workplace in accordance with the provisions of the Work Health and Safety Act Tourism Australia recognises the importance and value of focusing on prevention of workplace injuries and illnesses through the identification and removal of hazards and potential hazards Tourism Australia will monitor and review, in consultation with all employees, existing occupational health and safety strategies, policies and procedures on an ongoing basis Occupational health and safety issues will be a standing agenda item for all Tourism Australia Workplace Relations Committee meetings. 71.ENERGY AND ACCOMMODATION The parties to the Agreement agree to jointly consider, develop and promote initiatives which will result in reductions in energy usage and waste generation and more efficient use of floor space. 72.HEALTH AND WELLBEING INITIATIVES Tourism Australia will encourage a healthy lifestyle amongst its employees, with a particular focus on health factors that may assist in reducing absenteeism and increase productivity Tourism Australia will develop a Health and Wellbeing program arranging for appropriately qualified health experts to present information or other sessions to employees on a range of health issues Tourism Australia will reimburse employees up to $250 per annum if they: Undertake an approved health program such as quit smoking, stress management etc.; and/or Join, or renew their membership in a health/fitness or sporting club; and/or Purchase appropriate sporting equipment All claims will be assessed and determined by the People & Culture department Tourism Australia will arrange for voluntary flu vaccinations on an annual basis, or as recommended by an appropriate authority. 73.EMPLOYEE ASSISTANCE PROGRAM Tourism Australia will provide a professional counselling service for employees and their families to assist them with resolving work related and/or personal problems. SECTION I TERMINATION OF EMPLOYMENT 74.RESIGNATION Page 35 of 40

36 74.1. An employee may terminate their employment at any time by providing the appropriate period of notice to the employer, or forfeiting the equivalent pay in lieu of notice. Employees at Bands 1 and 2 are required to provide 2 weeks notice of termination. Employees at Band 3 are required to provide 4 weeks notice of termination. Employees at Band 4 are required to provide 6 weeks notice of termination If such notice is not given the Managing Director may deduct an amount in lieu from any final monies owing consistent with the Fair Work Act The Managing Director has the discretion to agree to a shorter period of notice or waive the requirement to give notice. At the instigation of the Managing Director, the resignation may take effect at an earlier date within the notice period. In such cases the employee will be paid compensation in lieu of the notice period which is not worked Employees who resign will be paid their accrued Annual Leave and, if they have more than ten years relevant service, their accrued Long Service Leave Where an employee, who has at least one year but fewer than ten years relevant service, ceases employment with Tourism Australia on or after reaching the minimum retiring age, he or she is eligible to take any pro-rata Long Service Leave that they have accrued, or receive payment in lieu. 75.REDEPLOYMENT AND REDUNDANCY The following provisions only apply to permanent employees not on probation. Throughout the application of the following provisions of this Section, the Managing Director will take all reasonable steps, consistent with the efficient management of Tourism Australia, to assign ongoing duties to an excess employee at an equal classification level within Tourism Australia An employee is an excess employee if: the employee is included in a class of employees employed at Tourism Australia, which class comprises a greater number of employees than is necessary for the efficient and economical working of Tourism Australia; or the services of the employee cannot be effectively used because of technological or other changes in the work methods or changes in the nature, extent or organisation of the functions of Tourism Australia; or where the duties usually performed by the employee are to be performed at a different locality, the employee is not willing to perform duties at that locality and the Managing Director has determined that these provisions will apply to that employee When the Managing Director is aware that an employee(s) is likely to become excess, the Managing Director or their delegate will, at the earliest practicable time, advise the employee(s) of the situation. Discussions with the potentially excess employee(s) (or where an employee so requests, with the employee s representative as well) will consider: Measures which might be taken to reduce the incidence of an employee becoming excess; Redeployment opportunities for the employee(s) concerned; and Whether retrenchment might be necessary Where the Managing Director determines that retrenchment is necessary, the employee will be provided with information on: The amount of his or her severance pay; Pay in lieu of notice and paid up leave credits; Page 36 of 40

37 Options open to him or her concerning superannuation; and The taxation rules applying to the various payments In addition, outplacement services will be provided if requested by an employee. A minimum of $2000 will be contributed towards these services, and further amounts will be determined as per the Outplacement Policy. Tourism Australia will facilitate the engagement of outplacement services and contact relevant consultants to provide these services. Outplacement services costs will not be paid to the individual In the case of retrenchment, the period of notice will be 4 weeks (employees who are between 45 years old and less than 50 years old are entitled to receive 5 weeks pay in lieu of notice; employees who are over the age of 50 years are entitled to 8 weeks pay in lieu of notice) An employee who is retrenched on the grounds that he/she is excess to requirements is entitled to be paid a sum equal to four (4) weeks pay for each of the first 5 years of service, and 3 weeks pay for each subsequent year; except four (4) weeks pay applies for each year of service completed when the employee is over the age of fifty (50) years The maximum benefits payable to an employee under this clause equates to 52 weeks pay The severance benefit will be calculated on a pro-rata basis for any period where an employee has worked part-time hours during their period of service Service for severance pay purposes means service in Tourism Australia or service in another organisation where an employee was transferred to Tourism Australia with a transfer of function or an employee engaged by that organisation on work within a function is appointed as a result of the transfer of that function to Tourism Australia and such service is recognised for Long Service Leave purposes Absences from work which do not count as service for any purpose will not count as service for severance pay purposes. 76.TERMINATION OF EMPLOYMENT Tourism Australia may terminate the services of an employee with notice on one or more of the grounds that: They were engaged on probation, and Tourism Australia does not wish to confirm their appointment; Their performance is unsatisfactory; Their conduct is unsatisfactory; or Where Tourism Australia is terminating an employee in lieu of notice, the employee will receive 4 weeks payment in lieu of notice (5 weeks if the employee is over 45 years old and has completed more than 5 years of continuous service), except if an employee is on a fixed term contract, where payment is provided in lieu of notice, the payment will equal the amount that, if the employee s employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee Employees who are terminated under this Clause will be paid their accrued Annual Leave and, if they have more than ten years relevant service, their accrued Long Service Leave The sole and exhaustive rights and remedies of an employee in relation to termination of employment are those provided under Part 3-2 of the Fair Work Act 2009; other Commonwealth laws (including the Constitution); and at common law. Page 37 of 40

38 76.5. Termination of, or a decision to terminate employment, cannot be reviewed under the Dispute Resolution Procedures or the review of action procedures of this Agreement Nothing in this Agreement prevents Tourism Australia from terminating the employment of an employee for serious misconduct, without further notice or payment in lieu, in accordance with the Fair Work Act 2009, subject to compliance with the procedures established by the Managing Director for determining whether an employee has breached the Code of Conduct. 77.ABANDONMENT OF EMPLOYMENT An employee is deemed to have abandoned employment if they are absent for seven (7) consecutive days without notice to the employer, and efforts to locate the employee are unsuccessful. Tourism Australia will not unreasonably withhold authorisation for leave of absence In the event that an employee is absent from duty for more than seven (7) consecutive days, prior to an action being taken by Tourism Australia, due consideration would be given to extenuating circumstances. Should such an absence from duty occur, Tourism Australia will take reasonable actions to contact the employee to determine circumstances and intention either personally or by registered post. 78.MISCONDUCT Nothing in this agreement prevents Tourism Australia from terminating the employment of an employee for serious misconduct, without further notice or payment in lieu. Page 38 of 40

39 SECTION J SIGNATORIES Signed for and on behalf of Tourism Australia Andrew McEvoy Managing Director Address: c/o Tourism Australia Level 29, 420 George St Sydney NSW 2000 Witnessed by Steven Murphy GM People and Culture Address: c/o Tourism Australia Level 29, 420 George St Sydney NSW 2000 Date Date Signed for and on behalf of the Employees covered by the Enterprise Agreement (CPSU Executive) Address: c/o 5 / Thomas St Haymarket, NSW 2000 Liz Laffan Address: c/o Tourism Australia Level 29, 420 George St Sydney NSW 2000 Witnessed by Linda Prestifilippo Date Date Date Pene Gallo Date Address: c/o Tourism Australia Level 29, 420 George St Sydney NSW 2000 Page 39 of 40

40 APPENDIX A BASE SALARY SCALES JULY 2013 (or from the commencement of the agreement, whichever is the later) BAND MIN MAX 1 $ 51,990 $ 77,986 2 $ 61,333 $ 92,000 3 $ 79,226 $ 118,839 4 $ 112,895 $ 169,343 BASE SALARY SCALES JULY 2014 BAND MIN MAX 1 $ 53,290 $ 79,935 2 $ 62,867 $ 94,300 3 $ 81,207 $ 121,810 4 $ 115,718 $ 173,576 BASE SALARY SCALES JULY 2015 BAND MIN MAX 1 $ 54,622 $ 81,934 2 $ 64,438 $ 96,653 3 $ 83,237 $ 124,855 4 $ 118,611 $ 177,916 Page 40 of 40