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