Enterprise Agreement Australian Securities and Investments Commission

Transcription

1 Enterprise Agreement Australian Securities and Investments Commission

2 Contents Australian Securities and Investments Commission Enterprise Agreement PAGE 2

3 CONTENTS DEFINITIONS... 4 SECTION A ABOUT THIS AGREEMENT Title Purpose Objectives Coverage Duration Operation No extra claims SECTION B TERMS AND CONDITIONS APPLYING TO ALL STAFF Categories of Employment Recognition of professional standing Classification Structure Recreation Leave Recreation Leave at Half Pay Cashing in of Recreation Leave Purchased Leave Personal Leave Portability of accrued Recreation Leave and Sick Leave entitlements Compassionate Leave Maternity Leave, Supporting Partner s Leave and Leave for Adoptive and Fostering Parents Return to work after parental leave Other Leave Public Holidays Christmas Closedown Part-time Employment Business Related Travel Motor Vehicle Allowance First Aid Remote Localities Assistance Relocation Expenses Working away from the office Employer s Contribution of Superannuation Salary Sacrifice Arrangements Learning and Development Opportunities and the Study Assistance Scheme Performance Management Managing Underperformance Workforce Adjustment Excess Staff Consultation Arrangements Redeployment Information for Staff Accelerated Separation Staff Declared Excess Voluntary Redundancy Severance Benefit Involuntary Redundancy Support Period Period of Notice Salary Managing alleged breaches of the Code of Conduct Misconduct Review of decisions including to terminate employment Individual flexibility arrangements Consultation National Consultative Committee Staff Support and Representation Resolution of Agreement Disputes SECTION C TERMS AND CONDITIONS FOR ASIC1-4 STAFF Remuneration Salary Salary on commencement Salary Advancement % Supplementation Payment Salary on Reduction Salary on Promotion Junior rates Temporary work at a higher level (higher duties) Bonuses for ASIC 4 staff Rewards other than pay Hours of Work Bandwidth Flextime Irregular and Intermittent Employment Overtime Restriction Duty Shiftwork Personal Leave Business Related Travel Notice Periods SECTION D TERMS AND CONDITIONS FOR EXECUTIVE LEVEL STAFF Employee Duties Hours of Duty Remuneration Other Terms and Conditions ATTACHMENT A ASIC1-4 CLASSIFICATION STRUCTURE, SALARY RATES AND ADVANCEMENT POINTS...45/46 ATTACHMENT B EXECUTIVE LEVEL SALARY RATES... 47/48 SIGNATORIES...50 Australian Securities and Investments Commission Enterprise Agreement PAGE 3

4 Definitions Australian Securities and Investments Commission Enterprise Agreement PAGE 4

5 DEFINITIONS In this Agreement, unless a contrary intention is clear, the following definitions apply: The Act means the Fair Work Act 2009 as varied or replaced; Assessment Period means a continuous period of 90 days or an aggregate of 90 days within a 12 month period from the time the underperformance was first drawn to the staff member s attention; This Agreement means the Australian Securities & Investments Commission Enterprise Agreement ; APS means the Australian Public Service; ASIC means the Australian Securities & Investments Commission. Where the term ASIC is used in this Agreement, CAMAC is to be substituted where it is appropriate; CAMAC means the Corporations and Markets Advisory Committee; Chairman means the person for the time-being performing the duties of the Chairman of ASIC, or in relation to staff engaged pursuant to section 156 of the ASIC Act, the Convenor of CAMAC, and includes a delegate of the Chairman or a person authorised for the purpose by the Chairman; Commission means the duly constituted Australian Securities & Investments Commission or its successor (normally consisting of Chairman, Deputy Chairman and Statutory Members); CPSU means the Community and Public Sector Union; De facto partner, in relation to an employee: a) Means a person who, although not legally married to the employee, lives with the employee in a relationship as a couple on a genuine domestic basis (whether the employee and the person are of the same sex or different sexes); and b) Includes a former de facto partner of the employee; Family in relation to an employee means: a) A spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; b) A child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee c) A relationship of traditional kinship, provided that ASIC is satisfied that there is an obligation under the customs and traditions of the community to which the employee belongs which necessitates the employee taking personal leave or compassionate leave; FWA means Fair Work Australia; Higher Duties means the performance by the staff member at the request of ASIC of the duties of a position at a higher classification level than which the Employee is appointed; Australian Securities and Investments Commission Enterprise Agreement PAGE 5

6 DEFINITIONS Higher Duties Allowance is the allowance paid for staff required to work at a higher level, the exact conditions of which are determined by classification level; Individual Development Plan means the development plan as defined in the ASIC Performance Management Framework; Manager and Supervisor means the person who has responsibility for oversighting, monitoring, managing, directing or supervising another staff member; National Consultative Committee (NCC) is the consultative forum chaired by the Chairman or his or her representative and includes staff, union and Commission representatives. The NCC will maintain Terms of Reference and will have the primary responsibility for monitoring implementation of this Agreement; Non-ongoing Employee has the same meaning as in the Public Service Act 1999 ie an APS employee who is not an ongoing APS employee; Ongoing Employee has the same meaning as in the Public Service Act 1999 ie a person engaged as an ongoing APS employee, as mentioned in paragraph 22(2)(a) of the Public Service Act 1999; Performance Agreement means the Performance Agreement as defined in the ASIC Performance Management Framework; Position Description is a statement of the staff member s duties as determined from time to time by the staff member s manager based on the work level descriptors and includes the major responsibilities and accountabilities of the position; Salary means the staff member s rate of salary (in accordance with the salary rates at Attachment A and B where applicable, and including continuing higher duties allowance where applicable) which will be the salary for all purposes including for calculation of leave entitlements, termination benefits, salary sacrifice arrangements, annual performance review and bonus payments where applicable. Except as required by the Public Service Act 1999, salary does not include employer s superannuation contributions or bonus payments; Staff or Staff member means an employee of the Australian Securities & Investments Commission or its successor or CAMAC at the non-ses level, to which this Agreement applies, whether employed on a full-time or part-time basis; Staff representative means a person nominated by a staff member or staff members and includes union representatives; SCT means Superannuation Complaints Tribunal; Work Level Descriptors as referred to in this Agreement are descriptors established by ASIC in accordance with the APS Classification Rules to determine the classification level of a role. Australian Securities and Investments Commission Enterprise Agreement PAGE 6

7 Section A About this Agreement Australian Securities and Investments Commission Enterprise Agreement PAGE 7

8 SECTION A ABOUT THIS AGREEMENT 1. Title 1.1. This Agreement will be known as the Australian Securities & Investments Commission Enterprise Agreement Purpose 2.1. The purpose of this Agreement is to establish the terms and conditions of employment for APS staff at ASIC 1 to 4 and Executive Levels working in ASIC and CAMAC. 3. Objectives 3.1. ASIC recognises the importance of investing in its staff and through this Agreement aims to support the achievement of corporate objectives by: enabling ASIC to meet its objectives established under law and as detailed in business plans; supporting a culture of performance, innovation and continuous improvement which recognises and rewards high performance; providing the opportunity for staff to develop their skills to effectively perform their roles and develop their careers; allowing ASIC to manage flexibly and responsibly to meet the challenges of the future; streamlining and simplifying conditions of employment; increasing organisational productivity and efficiency; minimising unnecessary prescription and support costs; supporting an environmentally friendly workplace; and maintaining a safe and healthy working environment and a workplace free of bullying and harassment ASIC is an organisation which values fairness, equity and diversity and has put in place measures designed to prevent and eliminate unlawful discrimination and retain its diverse workforce including mature-aged workers and Aboriginal and Torres Strait Islander staff ASIC recognises that staff should not have an excessive workload, and recognises that staff have to balance their working life commitments with other competing interests such as family, community work, and lifestyle choices and that balance is likely to be best achieved through providing staff with the greatest flexibility possible in their attendance patterns This Agreement continues to streamline personnel practices to: ensure they are simple and fair and can be easily understood and managed by staff and managers; achieve simplified processing arrangements and leave conditions; and give greater flexibility to staff in managing their work The Objectives in this clause are a statement of intent only and, as such clause 3 is not intended to be legally enforceable. For the avoidance of doubt, this does not affect any parties legal rights independent of this Agreement. Australian Securities and Investments Commission Enterprise Agreement PAGE 8

9 SECTION A ABOUT THIS AGREEMENT 4. Coverage 4.1. This Agreement shall cover collectively the following parties: the Chairman of ASIC as the employing authority on behalf of the Commonwealth of Australia; the convener of CAMAC as the employing authority on behalf of the Commonwealth of Australia; staff of ASIC at ASIC 1 to 4 and Executive Level 1 and Executive Level 2 classification levels, including ASIC staff working at the SCT under the Public Service Act 1999; staff of CAMAC under the Public Service Act 1999 at ASIC 1 to 4 and Executive Level 1 and Executive Level 2 classification levels; and the CPSU, if the CPSU gives notice under section 183 of the Act and Fair Work Australia notes that the CPSU is covered by the Agreement under section 201(2). 5. Duration 5.1. This Agreement will come into operation and take effect 7 days after the date it is approved by Fair Work Australia The nominal expiry date of the Agreement is 30 June Operation 6.1. This Agreement operates to the exclusion of, and displaces, the Australian Public Service Award 1998 as varied from time to time There are guidelines, policies including those identified in clause 6.5 and procedures which prescribe conditions for working in ASIC. They are not incorporated into and do not form part of this Agreement. Staff should familiarise themselves with these guidelines, policies and procedures, which may vary from time to time. Any proposed changes to policy will be made by ASIC following consultation with the National Consultative Committee (NCC) For assistance and guidance of staff, particular guidelines and policies are identified in clause 6.5. If there is any inconsistency between guidelines and policies and the express terms of this Agreement, the express terms of this Agreement will apply Policies, procedures and guidelines which support the operation of this Agreement or provide employee benefits, conditions of employment or entitlements may be made or varied from time to time. Australian Securities and Investments Commission Enterprise Agreement PAGE 9

10 SECTION A ABOUT THIS AGREEMENT 6.5. The following ASIC policies are included in the policies referred to in this Agreement: Remuneration Policy. Working Hours and Flexible Working Arrangements Policy. Travel Policy. Leave Policy. Flexible Remuneration Packaging Policy. Excess Staff Policy. Transfer and Relocation Policy. ASIC Performance Management Framework. References to each of these policies are reference to the policy as renamed, varied, amended, supplemented or replaced from time to time If after consultation with the NCC a party to this Agreement considers that any changes in policy are materially detrimental to ASIC staff, this is a matter arising under this Agreement and may be dealt with in accordance with the Dispute Resolution Arrangements included in this Agreement. 7. No extra claims 7.1. From the commencement of this Agreement, a person or organisation covered by this Agreement shall not pursue further claims for terms and conditions of employment that would have effect during the period of operation of this Agreement, except where consistent with the terms of this Agreement. Australian Securities and Investments Commission Enterprise Agreement PAGE 10

11 Section B Terms and conditions applying to all staff Australian Securities and Investments Commission Enterprise Agreement PAGE 11

12 SECTION B TERMS AND CONDITIONS APPLYING TO ALL STAFF 8. Categories of Employment 8.1. ASIC engages staff consistent with public sector employment arrangements and ASIC Law. 9. Recognition of professional standing 9.1. Titles such as Accountant, Analyst, Investigator or Lawyer will be used to describe specialist occupations (including when advertising vacant positions) ASIC may establish professional practice groups for accountants, investigators, lawyers, market analysts and other relevant groupings, to ensure continuation and enhancement of professional skills, qualifications and standing. 10. Classification Structure For the purpose of determining classification, this Agreement will maintain the following local designations: Local Designation APS Classification ASIC1 APS1 ASIC2 APS2 and APS3 broadbanded ASIC3 APS4 and APS5 broadbanded ASIC4 APS6 Executive Level 1 Executive Level 1 Executive Level 2 Executive Level ASIC will determine a staff member s classification in accordance with the relevant Work Level Descriptors Salary advancement will occur on the basis of performance as outlined at clause 29. Further information can be found in the Performance Management Framework. 11. Recreation Leave Full-time staff are entitled to 4 weeks (20 working days) of annual recreation leave each completed year of service. Part-time staff are entitled to a pro rata amount of annual recreation leave. Annual recreation leave will accrue on a pro rata basis and will be credited to staff at the end of each pay fortnight Staff working in ASIC s Darwin office as at 10/12/98 will retain their existing recreation leave entitlements accruing an additional 5 days recreation leave credits per year. These entitlements will not be available for new staff employed in this location, whether on a temporary or permanent basis, after 10/12/98. Australian Securities and Investments Commission Enterprise Agreement PAGE 12

13 SECTION B TERMS AND CONDITIONS APPLYING TO ALL STAFF If at 1 October each year, where a staff member has more than 8 weeks (40 days for full time staff) of annual recreational leave credited to him or her, ASIC will direct the staff member to take annual recreation leave credited to the staff member to reduce the remaining balance to no more than 8 weeks (or 40 days for full time staff). In exceptional circumstances, a later date up to 1 November may be agreed between a staff member and their manager Staff who are planning an extended period of recreation leave may not be directed to take leave. Further information can be found in ASIC s Leave Policy Recreation leave credits in lieu will be paid to a staff member on separation from the APS or death Recreation leave may only be granted for periods of less than 1 day in exceptional circumstances. Recreation Leave at Half Pay Subject to the Agreement of their respective managers, staff members may elect to take recreation leave at half pay in which case payable leave credits will only be deducted for half of the leave duration. Recreation leave taken at half pay will only be available at a minimum of 1 week s duration (2.5 days leave credits) per request Recreation leave taken at half pay will not affect the staff member s superannuation entitlements Staff members who elect to take recreation leave under these arrangements may not access purchased leave arrangements during the Purchase Period (defined in clause 11.12). Cashing in of Recreation Leave By written agreement between a staff member and their manager, staff may cash in 1 week of recreation leave per calendar year for a lump sum payment equivalent to 1 week s salary providing the staff member retains at least 4 weeks accrued recreation leave after the cashing in Cashed in recreation leave will not affect the staff member s superannuation entitlements. Purchased Leave Subject to the agreement of their respective managers and the terms of the ASIC Leave Policy, all ongoing staff members are eligible to apply to purchase additional leave of up to 2 weeks per year. The purchase will be in blocks of 1 week minimum, in return for a pro rata reduction in annual salary (excluding allowances) over a 12 month purchase period ( Purchase Period ) Purchased Leave will not have an effect on existing salary packaging arrangements and staff members cannot enter into salary packaging arrangements to purchase leave The minimum salary payable to the staff member under this agreement is also adjusted on a pro rata basis for the Purchase Period. The purchased additional leave will accrue progressively over the course of the Purchase Period. The purchase price is determined using the same payment rate as for annual leave. Australian Securities and Investments Commission Enterprise Agreement PAGE 13

14 SECTION B TERMS AND CONDITIONS APPLYING TO ALL STAFF Purchased leave must be used by the expiry of the 12 months following the end of the Purchase Period and will lapse at that time. Any outstanding monies will be reconciled at the end of the 12 months following the end of the Purchase Period Purchased leave will count as service for all purposes. If the staff member s employment terminates before all purchased additional leave is taken, the staff member will receive a payment in lieu of the unused accrued additional leave Staff members who elect to purchase leave under these arrangements may not access half pay annual recreation leave during the Purchase Period Further details about the purchased leave scheme are available in the ASIC Leave Policy. 12. Personal Leave The Chairman may grant Personal Leave, subject to available credit, in the following circumstances: where the staff member is ill or injured; to care for members of their Family or household who are ill; or other emergency reasons considered appropriate Full-time staff are entitled to 18 days full pay personal leave credits each year. Part-time staff are entitled to a pro rata amount of personal leave Staff employed on an ongoing basis will be credited their personal leave on the day of their engagement and on the anniversary of engagement, subject to adjustment for periods of leave without pay that do not count as service Personal leave entitlements for staff employed on a non-ongoing basis are explained in clause 51 (for ASIC1-4 staff) and clause 57.1 (for Executive Level staff) Personal leave will not accrue during a period when a staff member is absent on leave without pay which does not count as service, or during any unauthorised absence No medical certificate or other supporting evidence will normally be required for absences of three consecutive working days or less. However, with prior notice a manager may require a medical certificate or other suitable supporting evidence for periods of three days or less in particular circumstances. Medical certificates or other supporting evidence will be required for absences of more than three consecutive working days Staff must advise their manager as soon as practicable of their absence or their intention to be absent In accordance with section 352 of the Fair Work Act 2009, ASIC will not dismiss an employee because the employee is temporarily absent from work because of illness or injury of a kind prescribed by the Fair Work Regulations A staff member receiving workers compensation in excess of 45 weeks will only accrue personal leave on an hours actually worked basis Unused personal leave will not be paid out on separation, or in any other circumstances. Australian Securities and Investments Commission Enterprise Agreement PAGE 14

15 SECTION B TERMS AND CONDITIONS APPLYING TO ALL STAFF In exceptional circumstances, staff may be granted personal leave at half pay, in which case, payable leave credits are only deducted for half of the leave duration Staff members will be granted up to 2 days of unpaid personal leave for carer s purposes on each occasion for the purposes of care or support for a member of the staff member s Family or household because of a personal injury or illness or unexpected emergency, provided they have exhausted their paid personal leave entitlement and subject to adequate proof of the need to take such leave. 13. Portability of accrued Recreation Leave and Sick Leave entitlements All existing accrued recreation leave and sick/personal leave credits of staff recruited to ASIC from other APS agencies, staff from the ACT Government and agencies staffed under the Parliamentary Services Act 1999 will be recognised provided there is no break in continuity of service The entitlement to these accrued credits of leave and any future entitlements to recreation leave and personal leave will be those prevailing in ASIC. 14. Compassionate Leave Staff are entitled to 3 days paid Compassionate Leave on each occasion in the event of the death or a serious life-threatening illness or injury of a Family member, subject to the staff member providing adequate proof of the need to take such leave. Untaken Compassionate Leave does not accumulate from year to year and will not be paid out if a staff member s employment ends. Further information can be found in ASIC s Leave Policy Casual staff are entitled to 2 days unpaid Compassionate Leave per occasion in the event of the death or a serious life-threatening illness or injury of a Family member or member of the staff member s household, subject to the staff member providing adequate proof of the need to take such leave. Untaken Compassionate Leave does not accumulate from year to year and will not be paid out if a staff member s employment ends. Further information can be found in ASIC s Leave Policy. 15. Maternity Leave, Supporting Partner s Leave and Leave for Adoptive and Fostering Parents The entitlement to paid maternity leave is provided for under the Maternity Leave (Commonwealth Employees) Act This agreement also provides for an additional 2 weeks paid leave which is to be taken at the end of and continuous with the 12 week entitlement paid in accordance with the provisions of the Maternity Leave (Commonwealth Employees) Act A staff member adopting a child will be eligible for leave following the placement of a child who is, or will be, under the age of 16 at the day of placement (or the expected day of placement) and has not lived with the staff member for a period of 6 months or more immediately preceding the date of placement. The primary caregiver will be entitled to 14 weeks paid leave where they have at least 12 months service. This entitlement does not apply in relation to the adoption of a child who is (otherwise than by adoption) a child of the staff member s spouse or de facto partner. Documentary evidence of approval for adoption must be submitted when applying for this leave. It will also be necessary to provide satisfactory evidence of the staff member s role as primary caregiver. No Other Leave for adoptive purposes will be granted in conjunction with this leave. Australian Securities and Investments Commission Enterprise Agreement PAGE 15

16 SECTION B TERMS AND CONDITIONS APPLYING TO ALL STAFF A staff member fostering a child will be eligible for leave following the placement of a child who is, or will be, under the age of 16 at the day of placement (or the expected day of placement) and has not lived with the staff member for a period of 6 months or more immediately preceding the date of placement. A permanent fostering arrangement is the placement of a child by a person/organisation with statutory responsibility for the placement of the child into a permanent foster care arrangement in circumstances where the child is not expected to return to their family and is permanently fostered with the staff member. The primary caregiver will be entitled to 14 weeks paid leave where they have at least 12 months service. Documentary evidence of approval for the permanent fostering arrangement must be submitted when applying for this leave. It will also be necessary to provide satisfactory evidence of the staff member s role as primary caregiver. No Other Leave for fostering purposes will be granted in conjunction with this leave In order to provide more flexible administration of leave, the Chairman may give approval to staff members, in advance, to spread the payment for the period of paid maternity, adoption or foster carer s leave up to a period of 28 weeks at a rate no less than half normal salary. The additional leave beyond the 14 weeks paid leave referred to in clauses 15.1, 15.2 and 15.3, must be taken as a continuous period and will count as service In accordance with the provisions of the Act, a staff member may access unpaid leave for a period up to two years from the birth of the child or in the case of adoption or permanent fostering arrangement, 2 years from date of placement of a child under the age of 16. Leave under this clause must be taken as a continuous period in conjunction with other leave granted under the provisions of clause 15.1, 15.2 or A staff member who is not the primary care giver to a dependent child may take up to 10 days paid Supporting Partner s Leave immediately following the birth, or the placement of a dependent child under school age under an adoption or under a permanent fostering arrangement. Return to work after Parental Leave On ending parental, maternity, adoption or foster carer s leave, a staff member is entitled to return to: the staff member s pre-parental/maternity leave duties; or if those duties no longer exist an available position for which the staff member is qualified and suited at the same classification and pay as applied pre-parental/maternity leave. Where this is not practical, other duties will be sought, with the redeployment, reduction and redundancy provisions applying to any placement For the purposes of this clause, duties means those performed: if the staff member was moved to safe duties because of the pregnancy immediately before the move; or if the staff member began working part-time because of the pregnancy immediately before the part-time employment began; or otherwise immediately before the staff member commenced maternity or parental leave. Australian Securities and Investments Commission Enterprise Agreement PAGE 16

17 SECTION B TERMS AND CONDITIONS APPLYING TO ALL STAFF 16. Other Leave To provide flexibility to supervisors and staff, the Chairman may grant leave of absence to a staff member in appropriate circumstances including: jury service; for study purposes; Defence Force Reserve requirements in accordance with the Defence Reserve Support Council advice; war service sick leave; voluntary welfare sector leave; participation in major international sporting events; participation in emergency service activities including regular training, all emergency services responses, reasonable recovery time and ceremonial duties; appropriate training for recognised union delegates and staff representatives; accompanying a spouse on a posting; required attendance at a tribunal or hearing; for Aboriginal and Torres Strait Islander staff participation in NAIDOC activities; and any other purpose considered appropriate in the interests of ASIC and the staff member concerned. Further information can be found in ASIC s Leave Policy Leave may be granted: (a) for the period requested or for another period up to a maximum of 12 months with the option for extension; (b) with or without pay; and (c) subject to conditions The Chairman will provide advice to a staff member of a decision to refuse leave This clause is subject to a staff member s entitlement to take leave under the National Employment Standards including community service leave for the purposes of jury service or absence for eligible community service (as defined in the National Employment Standards) which is reasonable. Australian Securities and Investments Commission Enterprise Agreement PAGE 17

18 SECTION B TERMS AND CONDITIONS APPLYING TO ALL STAFF 17. Public Holidays The following public holidays will be observed: New Year s Day (1 January); Australia Day (26 January); Good Friday; Easter Monday; Anzac Day (25 April); the relevant Queen s Birthday observance day; Christmas Day (25 December); Boxing Day (26 December) Staff may also observe additional public holidays declared under a State or Territory law and observed by the community generally at the locality 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 Where a manager and a staff member agree, another day may be substituted for any public holiday prescribed above. 18. Christmas Closedown ASIC will close its normal operations from close of business on the last working day before Christmas, with business resuming on the first working day after New Year s Day Staff members will be provided with time off for the working days between Christmas and New Year s Day and will be paid in accordance with their ordinary hours of work. Where a staff member is absent on leave, payment for the Christmas closedown provision will be in accordance with the entitlement for that form of leave, (e.g. if on long service leave half pay, payment is on half pay) There will be no deduction from Annual or Personal/carer s leave credits for the closedown days Where the Chairman directs a staff member to work during their regular hours on the working days between Christmas and New Year s Day to provide essential services, the staff member will receive time off in lieu or overtime at the rate of double time and a half for hours worked. For duty within a staff member s ordinary hours of work this is calculated at time and a half as staff are already being paid for the day. For duty outside a staff member s ordinary working hours the staff member will be eligible for time off in lieu or overtime at double time and a half. Further information can be found in ASIC s Leave Policy. Australian Securities and Investments Commission Enterprise Agreement PAGE 18

19 SECTION B TERMS AND CONDITIONS APPLYING TO ALL STAFF 19. Part-time Employment This Agreement provides for staff to be employed on a part-time basis. A part-time staff member is one whose regular hours of work are less than 150 hours over the four week settlement period. Managers and staff will agree in writing the period of the part-time work agreement (not more than 2 years) and the number of days and hours to be worked over the four week settlement period. This part-time work agreement must be consistent with processes for simplified payroll processing. A staff member must work a minimum of three consecutive hours on each day that they work At the conclusion of the part-time work agreement, the staff member and their manager may renegotiate the number of days and hours that will be worked and enter into a new part-time work agreement. These discussions should commence three months prior to the end of the part-time work agreement. Alternately, the staff member may return to full-time work. If no agreement can be reached on part-time work, the staff member will return to full-time work Those staff who had part-time work arrangements with no set end dates at 14/05/01 will continue to have access to those arrangements. Those staff will not be required to enter into a part-time work agreement as outlined above while their current part-time work arrangements continue However, should such staff move into a new job at their own initiative or return to full-time work, any future period of part-time work must be negotiated under a part-time work agreement as outlined above Remuneration and other entitlements for part-time staff will be calculated on a pro rata basis, apart from reimbursements for actual expenditure, where part-time staff members will receive the same amount as full-time staff With 3 months notice by either party, managers or staff may initiate the introduction, extension, variation or cessation of part-time employment or job sharing arrangements. Staff will not be required, without their agreement, to convert from full-time to part-time hours, or from part-time to full-time hours, during the life of their part-time work agreement. Part-time work agreements will be reviewed annually to ensure that they meet the needs of staff members and ASIC Whenever possible, unless there are reasonable business grounds to refuse, ASIC will agree to requests for regular part-time work from staff returning directly from maternity or parental/ adoption/fostering leave if the child is under school age or is under 18 years old and has a disability Where a staff member and their manager are unable to agree on issues related to the introduction, extension, variation or cessation of part-time work arrangements, the issue should be referred to the next level of management for resolution. 20. Business Related Travel Staff will be provided with reasonable standards of travel, accommodation, and meals, and will not be out of pocket for additional expenses which are required while travelling on official business on behalf of ASIC. Further information can be found in the ASIC Travel Policy The current rate for meals and out of pocket business-related travel expenses is $95 where breakfast is not provided. This rate can be varied from time to time. Australian Securities and Investments Commission Enterprise Agreement PAGE 19

20 SECTION B TERMS AND CONDITIONS APPLYING TO ALL STAFF A staff member who is required to be absent from their usual place of work on official business for more than 10 hours but not overnight will be paid an allowance for meal and incidental expenses of $35. Further information can be found in the ASIC Travel Policy Where a staff member transfers to a new locality for a period greater than 21 days, the provisions of the Transfer and Relocation Policy as varied from time to time will apply in relation to their travel entitlements. 21. Motor Vehicle Allowance Where a manager considers that it will result in greater efficiency or involve less expense, they may authorise a staff member to use a private car owned or hired by the staff member at their own expense for official purposes. Where authorised, a staff member will be entitled to a motor vehicle allowance at the following rate: CC CC CC 63 cents per kilometre 74 cents per kilometre 75 cents per kilometre Further information can be found in ASIC s Travel Policy. 22. First Aid A staff member who has a current first aid certificate and who is designated to undertake first aid responsibilities within ASIC will be paid an allowance of $21.00 per fortnight Further information can be found in ASIC s Occupational Health and Safety Management Arrangements. 23. Remote Localities Assistance Existing staff working in ASIC s Darwin office as at 10/12/98 will retain their existing entitlements for remote localities assistance (including district allowance and airfare entitlements). These entitlements will not be available for new staff employed in this location, including on temporary transfer from other locations, after 10/12/ Relocation Expenses ASIC will meet all reasonable costs arising from the relocation of a staff member and his or her household as the result of a reassignment of duties, engagement or promotion. Further information can be found in ASIC s Transfer and Relocation Policy. 25. Working away from the office Staff may work away from the office on a regular or temporary basis subject to agreement with their manager. The agreement may be terminated by either party with 2 weeks notice or a lesser period as agreed. Further information on working away from the office can be found in ASIC s Working Hours and Flexible Working Arrangements Policy. Australian Securities and Investments Commission Enterprise Agreement PAGE 20

21 SECTION B TERMS AND CONDITIONS APPLYING TO ALL STAFF 26. Employer s Contribution of Superannuation ASIC will make compulsory employer contributions as required by the applicable legislation and fund requirements Where a staff member has chosen an accumulation superannuation fund other than the PSS Accumulation Plan (PSSap), the employer contribution will be the same percentage of the fortnightly superannuation contribution salary as that required for staff members who are members of PSSap. This will not be reduced by any other contributions made through salary sacrifice arrangements. This clause does not apply where a superannuation fund cannot accept employer superannuation contributions (e.g. unable to accept contributions for people aged over 75). Note: At the time of commencement of this Agreement the rate of PSSap employer contribution is 15.4 percent Employer superannuation contributions will not be paid on behalf of employees during periods of unpaid leave that does not count as service, unless otherwise required under legislation The Chairman may choose to limit superannuation choice to complying superannuation funds that allow employee and/or employer contributions to be paid through fortnightly electronic funds transfer using a file generated by the Agency s payroll system. 27. Salary Sacrifice Arrangements Staff will be able to access salary sacrifice arrangements. Staff will not be able to use salary sacrifice arrangements to reduce their salary in order to be eligible for community benefits that they would not normally be entitled to or to avoid community obligations. Salary is in accordance with the salary rates at Attachment A for ASIC1-4 staff and Attachment B for Executive Level staff, and will be the salary for all purposes including superannuation. Further information can be found in ASIC s Flexible Remuneration Packaging Policy Any fringe benefits tax and administrative costs incurred as a result of remuneration packaging arrangements will be met by the staff member. 28. Learning and Development Opportunities and the Study Assistance Scheme ASIC encourages staff to undertake formal study, and assistance is available for courses of study at tertiary and higher education institutions, and other vocational education courses, where the study is agreed as part of the staff member s development plan ASIC s Study Assistance guidelines provide further information on the administration of the Study Assistance Scheme including financial assistance and time off work to travel to and attend classes, undertake examinations, or for other study purposes Staff may also apply for leave for study purposes outside the Study Assistance Scheme. Such applications will be considered under the Other Leave provisions ASIC shall provide reasonable access to, and funding for, credential building opportunities relevant to the role and function of ASIC and in accordance with relevant ASIC policy as varied from time to time. Australian Securities and Investments Commission Enterprise Agreement PAGE 21

22 SECTION B TERMS AND CONDITIONS APPLYING TO ALL STAFF 29. Performance Management Further information on performance management can be found in ASIC s Performance Management Framework. ASIC s Performance Management Framework encourages a high performance culture in ASIC by: aligning organisational objectives with the staff member s performance individually and within teams (where appropriate); providing opportunities for development; encouraging effective communication between the manager and staff member; providing opportunities for development; recognising and rewarding high performance; making salary decisions based on performance; and managing underperformance The Performance Management Framework is applied across ASIC and includes: agreement of responsibilities and expected standards of performance including personal and interpersonal skills consistent with Work Level Descriptors; continuous performance feedback; personal development discussions and planning that facilitate career planning; and performance review and appraisal. A rating scale will be used to assess performance which includes the following ratings Outstanding, Exceeding, Achieving, Improvement Required and Unsatisfactory All managers and staff are required to participate in the Performance Management Framework Performance and development discussions occur between the manager and staff member or team regularly throughout the year. Early feedback should be provided where performance does not meet expectations Staff may provide upward feedback to inform the assessment of, and provide feedback to, staff who have supervisory responsibilities Salary advancement and rewards other than pay will be determined on the basis of the staff member s performance rating established by an assessment of performance against the staff member s performance agreement. The agreement is based on an agreement between the staff member and their manager of responsibilities and expected standards of performance and is consistent with Work Level Descriptors The Performance Management Framework may be reviewed as required. Any changes to policy or guidelines including changes to the rating scale, advancement arrangements, and the underperformance process will involve NCC consultation During the life of this agreement new processes will be implemented to improve the consistency and equitable application of performance management ratings including further support and education for managers. Australian Securities and Investments Commission Enterprise Agreement PAGE 22

23 SECTION B TERMS AND CONDITIONS APPLYING TO ALL STAFF 30. Managing Underperformance Managing performance which is assessed as being not at an acceptable level i.e. a performance rating of Unsatisfactory will be based on the following principles: performance will be assessed through the Performance Management Framework; procedural fairness principles will apply; the staff member will be given assistance and the opportunity to improve their performance to an acceptable level Where a manager or supervisor has assessed a staff member s performance against their performance agreement and at any point during the performance management cycle formed the view that a staff member s work performance is not to an acceptable standard i.e. a performance rating of Unsatisfactory or in accordance with clause 30.3, the manager will: advise the staff member in writing providing reasons and consequences if their performance does not improve; give the staff member an opportunity to respond; and manage the performance through an assessment process as outlined in the Performance Management Framework Where a staff member s performance is assessed as Improvement Required at any point including at the conclusion of the performance management cycle, the staff member will be required to undertake further development in consultation with their manager or supervisor. This will be based on the following principles: performance will be assessed through the Performance Management Framework; The staff member will be given assistance and the opportunity to improve their performance. A staff member who receives a rating of Improvement Required at two consecutive annual performance management ratings, will automatically be subject to the provisions contained in clauses 30.1 and 30.2 unless the role or responsibilities of the role have substantially changed Where a staff member s performance is assessed as either Improvement Required or Unsatisfactory at the conclusion of the performance management cycle, the staff member will not be eligible for salary advancement until the performance is appraised at the Achieving level or higher. Further detail is available in the Remuneration Policy If at the end of the assessment period, the staff member s performance is assessed as being not at an acceptable standard, the Chairman may issue a notice of intention to: allocate reasonable alternate duties (if available) to the staff member; reduce the staff member s work level, if this is practicable and work is available at a lower level; or terminate the staff member s employment. Australian Securities and Investments Commission Enterprise Agreement PAGE 23

24 SECTION B TERMS AND CONDITIONS APPLYING TO ALL STAFF The staff member will have 7 days to show cause why this action should not be taken. The Chairman has the discretion to extend this period in special circumstances A staff member has (subject to eligibility requirements) a range of rights under the Fair Work Act 2009 and the Public Service Act 1999 in relation to discipline and dismissal including, a right to bring unfair dismissal action subject to meeting the requirements of the Fair Work Act. It is not intended that this clause supplement, modify or exclude those rights (which apply by operation of statute) or be enforceable in its own right. 31. Workforce Adjustment The following redeployment and redundancy provisions will only apply to ongoing staff not on probation. Excess Staff A staff member is excess to the requirements of ASIC if: he or she is employed substantively at a level, in a role and at a location where there is a greater number of staff than is necessary for the efficient and economical working of ASIC; or the duties of the staff member are to be performed at a different locality and the staff member is not willing to perform duties at that locality and the Chairman has determined that the excess staff provisions of this Agreement apply; or the services of the staff member can no longer be effectively used because of technological or other changes in work methods of ASIC or structural or other changes in the nature, extent or organisation of functions of ASIC. Consultation Arrangements When the Chairman becomes aware that a staff member is likely to become excess to requirements the Chairman or their nominee will advise the staff member and, where they choose, their representative, of the situation and have discussions with the staff member to determine any measures that can be taken to resolve this situation. These discussions will include: redeployment opportunities for the staff member concerned within ASIC either at or below their substantive level, and retrenchment The Chairman may, before the conclusion of these discussions, invite other staff who are not potentially excess to express interest in retrenchment, where those retrenchments would permit the redeployment of staff who would otherwise be excess. Redeployment Where the staff member indicates they wish to examine options for redeployment, ASIC will assist the staff member to find alternate employment within ASIC or other APS agencies from the day discussions under clause 31.3 commence for a period of generally no more than 2 months. Australian Securities and Investments Commission Enterprise Agreement PAGE 24

25 SECTION B TERMS AND CONDITIONS APPLYING TO ALL STAFF This assistance will include: assistance and support of a People and Development staff member; advice of vacancies within ASIC and within relevant portfolio agencies in the location; support in relevant appropriate trial placements; and where appropriate outplacement services including APS career transition services The staff member may be granted assistance for reasonable time off to seek alternative employment Where during the redeployment period referred to in clause 31.5, the Chairman considers there is insufficient productive work available for the excess staff member at their actual level, the Chairman may redeploy the excess staff member to a position at a lower level, which the staff member is qualified and capable of performing with salary maintenance for the balance of the support period. Information for Staff A staff member will be given information on the day they are advised they may become excess to requirements: the amount of severance benefit, or the amount in lieu of support period, pay in lieu of notice and paid up leave credits the staff member is entitled to receive; and the taxation rules applying to the various payments the staff member is entitled to receive The staff member will also be advised to contact their superannuation scheme to receive information in relation to the amount of accumulated superannuation contributions; and the options open to the staff member concerning superannuation. Accelerated Separation If a staff member requests to be retrenched and ASIC declares them excess to requirements and their employment is terminated by the Chairman under section 29 of the Public Service Act 1999 within 14 days of the commencement of discussions under 31.3, they will be eligible for an additional 6 weeks severance benefit calculated in accordance with clause Staff Declared Excess At the completion of the discussions referred to in clause 31.3 or at the end of 1 month after the commencement of those discussions, whichever is the earlier, the Chairman will declare the staff member excess to requirements unless they have been redeployed to another position within ASIC or the APS or have already been voluntarily retired A staff member who has been declared excess, is also entitled to reimbursement for financial and/or career counselling, to a maximum of $350 in total. A claim for reimbursement may be made up to 3 months following the staff member being declared excess. Voluntary Redundancy A staff member will be offered voluntary redundancy (VR) on the day they are declared excess (if they have not already been offered VR). The staff member will then have up to 1 month to consider and accept or reject the offer of VR. The staff member may accept or reject the offer at any time within this 1 month period. Australian Securities and Investments Commission Enterprise Agreement PAGE 25