TABLE OF CONTENTS PART A.

TABLE OF CONTENTS PART A. TECHNICAL MATTERS... 4 1. Objectives of the Agreement... 4 2. Title of this Agreement... 4 3. Coverage, parties and persons bound... 4 4. Categories of employment... 4 5. Commencement and duration... 5 6. Effect of Agreement on other employment instruments... 5 7. No extra claims... 5 8. Relationship with legislation... 5 9. Delegations... 6 10. Interpretation... 6 PART B. REMUNERATION... 7 11. Pay rates... 7 12. Method of payment... 7 13. Salary increases... 7 14. Performance bonuses... 7 15. Northern Territory Payment... 8 16. Casual loading... 9 17. Salary on commencement or promotion... 9 18. Flexible remuneration packaging... 9 19. Superannuation... 10 20. Supported salary for employees with a disability... 10 PART C. CLASSIFICATION STRUCTURE AND ADVANCEMENT... 11 21. Classification structure... 11 22. Advancement to higher salary within level... 11 23. Cadetships... 12 24. Traineeships... 12 25. Graduates... 12 26. Juniors... 12 27. Higher duties... 13 PART D. PERFORMANCE MANAGEMENT... 14 28. Performance Development Scheme... 14 29. Managing under performance... 14 PART E. HOURS OF WORK... 16 30. Ordinary hours of work... 16 31. On call arrangements... 16 32. Christmas break... 16 33. Flextime arrangements... 16 34. Transition to flextime arrangements... 17 35. Working hours for EL1 and EL2 employees... 18 36. Rostering... 18 37. Shiftwork... 19 38. Part time work... 19 39. Overtime... 21 40. Meal allowance... 22 PART F. FLEXIBLE WORKING ARRANGEMENTS... 23 41. Flexibility arrangements... 23 1

42. Flexible working arrangements... 24 PART G. LEAVE... 25 43. General provisions... 25 44. Portability of leave... 25 45. Annual leave... 25 46. Purchased leave... 27 47. Personal leave... 28 48. War service sick leave... 30 49. Unpaid carer s leave... 30 50. Compassionate leave... 31 51. Special leave... 31 52. Maternity leave... 32 53. Adoption leave... 32 54. Fostering leave... 33 55. Paid parental leave... 33 56. Unpaid parental leave... 34 57. Return to work after parental leave... 34 58. Parental leave other provisions... 34 59. Recognition of other parental roles... 34 60. Elder or disabled care leave... 35 61. Career break leave... 35 62. Long service leave... 35 63. Community service leave... 35 64. Defence Reservists leave... 36 65. Other leave... 37 66. Public holidays... 38 67. Unauthorised absences... 39 PART H. TRAVEL... 40 68. General... 40 69. Short term travel... 40 70. Part day travel allowance... 41 71. Long term travel... 41 72. Overseas travel... 41 PART I. ALLOWANCES... 42 73. Motor vehicle allowance... 42 74. Additional role allowances... 42 PART J. OTHER ENTITLEMENTS... 44 75. Procurement policies... 44 76. Professional memberships... 44 77. Relocation assistance... 44 78. Home based work... 44 79. Employee Assistance Program... 44 80. Flu vaccination... 44 81. School holiday care subsidy... 44 PART K. CONSULTATION... 46 82. Staff Consultative Group... 46 83. Consultation... 46 84. Principles of consultation... 48 PART L. REDUNDANCY... 49 85. General... 49 2

86. Assistance to employees... 49 87. Selection of redundant employees... 49 88. Severance entitlements... 49 89. Notice of termination on retrenchment... 51 90. Reduction in classification... 51 PART M. DISPUTE RESOLUTION... 52 91. Procedures for preventing and settling disputes... 52 PART N. TERMINATION OF EMPLOYMENT... 54 92. Resignation... 54 93. Cessation of employment... 54 94. Review of decisions to terminate employment... 55 Appendix 1 - Pay rates Classification Structure... 56 Appendix 2 - Definitions... 57 Appendix 3 - Principles Relating to Workplace Delegates... 59 3

PART A. TECHNICAL MATTERS 1. Objectives of the Agreement 1.1 The continuing commitment of all Defence Housing Australia (DHA) employees is central to increasing DHA s efficiency and effectiveness. 1.2 Consistent with this commitment, the shared objectives of this Agreement are: (c) (d) (e) employment conditions that meet the operational needs of DHA while at the same time providing employees with flexibility to maintain an appropriate balance between their work and personal lives; recognition of high levels of performance and the contribution they make to organisational success; flexibility and responsiveness in order to meet the challenges of the future; recognising the productive benefits of diverse backgrounds, experience, skills and perspectives; and facilitating the employment of the right people for DHA. 2. Title of this Agreement 2.1 This Agreement shall be known as the Defence Housing Australia Enterprise Agreement 2012-2014. 3. Coverage, parties and persons bound 3.1 This Agreement is made pursuant to Section 172 of the Fair Work Act. In accordance with Section 53 of that Act, this Agreement covers: DHA; and employees of DHA engaged under the Public Service Act excluding Senior Executive Service employees and employees who are covered by an Australian Workplace Agreement. 4. Categories of employment 4.1 Employees of DHA are employed in one of the following categories: (c) ongoing employees; or non-ongoing employees employed on a temporary basis and who may also be employed for a specified term or a specified task; or non-ongoing employees employed on an irregular or intermittent basis (casual). 4

5. Commencement and duration 5.1 This Agreement commences on the seventh day after the Agreement is approved by Fair Work Australia. 5.2 The nominal expiry date is 30 June 2014. 6. Effect of Agreement on other employment instruments 6.1 The conditions and entitlements in this Agreement replace any conditions and entitlements included in any other employment instrument, whether this is a formal or informal instrument that previously applied to an employee who is covered by this Agreement. 6.2 This clause does not affect the nature of an employee s employment contract with DHA or any obligations or responsibilities of an employee that existed before this Agreement commenced. Except where they are inconsistent with the provisions of this Agreement, this Agreement applies. 6.3 DHA guidelines, policies or procedures referred to in this Agreement are not incorporated into, and do not form part of the Agreement. Where such policies are inconsistent with the provisions of this Agreement then this Agreement prevails. 6.4 Employees will make themselves familiar with DHA guidelines, policies and procedures as they may be varied from time to time and will be applied on the basis of their terms at the time of any relevant action or decision. 7. No extra claims 7.1 From the commencement of this Agreement, a person or organisation covered by this Agreement shall not pursue further claims for terms and conditions of employment that would have effect during the period of operation of this Agreement, except where consistent with the terms of this Agreement. 8. Relationship with legislation 8.1 DHA and its employees acknowledge that the employment of employees covered by this Agreement is subject to the provisions of all applicable Commonwealth Acts and Regulations or instruments made under those Acts, as amended and include: Public Service Act 1999; Public Employment Transitional Amendment Act 1999; (c) Fair Work Act 2009; (d) Long Service Leave (Commonwealth Employees) Act 1976; 5

(e) Maternity Leave (Commonwealth Employees) Act 1973; (f) Superannuation Act 1976; (g) Superannuation Act 1990; (h) Superannuation Benefits (Supervisory Mechanisms) Act 1990; (i) Superannuation Productivity Benefit Act 1988; (j) Superannuation Act 2005; (k) (l) Safety Rehabilitation and Compensation Act 1988; and Work Health and Safety Act 2011 (Cth). 9. Delegations 9.1 All the powers and authorities in this Agreement are held by the DHA Managing Director. 9.2 The Managing Director may, by instrument in writing, delegate or authorise to a person, any of the Managing Director s powers, authorities or functions under this Agreement, excluding his or her power to delegate or authorise unless otherwise specified by the Managing Director. 9.3 The Managing Director may issue instructions relating to the exercise of a delegated power, authority or function. 10. Interpretation 10.1 Some words or expressions used in this Agreement (or in a particular provision of this Agreement) are defined in Appendix 2. 10.2 In this Agreement, unless the context otherwise indicates: (c) a reference to: (i) (ii) the singular includes the plural and the plural includes the singular; one gender includes the other gender; and (iii) a Part, clause, sub-clause or paragraph is to a Part, clause, sub-clause or paragraph in this Agreement; headings are for convenience only and do not affect the interpretation of this Agreement; and where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning. 6

PART B. REMUNERATION 11. Pay rates 11.1 The pay rates for DHA employees are as set out at Appendix 1 to this Agreement. 11.2 An employee who was being paid a higher base salary than the maximum annual salary for his or her classification will continue to be paid that higher amount and will receive the pay increases set out in sub-clause 13.2. 12. Method of payment 12.1 Employees will be paid fortnightly in arrears and the fortnightly rate of pay will be calculated using the following formula: Fortnightly pay = Annual Salary X 12/313 12.2 Payment will be made to a financial institution account nominated by each employee, subject to the financial institution accepting payment by electronic funds transfer. 13. Salary increases 13.1 Annual salaries to be paid from the commencement of this Agreement are specified in Appendix 1. 13.2 The following pay increases will be payable under this Agreement: 4.0 per cent from the later of 1 July 2012 or the commencement of this Agreement; and 3.5 per cent from 1 July 2013. 13.3 Improvements in the pay and conditions included in this Agreement are in recognition of the following productivity improvements: (c) an increase in organisational capability through the enhancement of DHA s available skill base; an increase in available capability through investment in professional development; and improvements in systems and processes. 14. Performance bonuses 14.1 An employee must comply with the requirements outlined in clause 28 of this Agreement to be eligible for a performance bonus. An employee will be eligible for payment of a performance bonus as long as the employee has at least six months continuous service with DHA during the relevant appraisal cycle and is still employed by DHA on 30 June in that year. 7

14.2 Non-ongoing employees who are employed on an irregular or intermittent (casual) basis are not entitled to a performance bonus. 14.3 Where an employee: (c) was part time during the appraisal cycle; or was on paid or unpaid leave for more than 12 weeks during the year; or commenced with DHA during the appraisal cycle, the performance bonus payable will be a pro rata amount. 14.4 The maximum bonus payable in respect of each year of the Agreement is set out in the following table: Level Maximum per cent of annual salary DHA2 DHA4 7.5 DHA5 EL1 12.5 EL2 15.0 14.5 A bonus may be payable where an employee has met or exceeded all targets (or an equivalent standard, as determined by the Managing Director) during the appraisal cycle in accordance with the following: rating of met all targets or equivalent up to 70 per cent of the maximum; or rating of exceeded all targets or equivalent between 71 and 100 per cent of the maximum. 14.6 The employee's salary used for the calculation of a performance bonus will be the employee s base annual salary as at 30 June in the year the appraisal cycle is completed. 15. Northern Territory Payment 15.1 An employee working in the Northern Territory will be eligible for a Northern Territory Payment of $1,500 in February of the year 2013 and 2014 where: the employee has worked for DHA for a continuous period covering at least 1 August in the previous year to 30 January in the relevant year; the employee has not had an unauthorised absence or more than 4 weeks of paid and/or unpaid leave between 1 October in the previous year and 30 January in the relevant year; 8

(c) (d) the employee has been assessed as having met all targets or a higher rating during the previous 12 months; and the employee is working in a Northern Territory based position on 30 January of the relevant year. 15.2 This clause does not apply to non-ongoing employees engaged on an irregular or intermittent basis (casual). 15.3 The Northern Territory Payment will be paid to part time employees on a pro rata basis. 16. Casual loading 16.1 Non-ongoing employees who are employed on an irregular or intermittent basis (casual) will be paid a 20 per cent casual loading on their salary in lieu of access to all forms of paid leave (other than Long Service Leave), payment for public holidays on which the employee is not required to work, and payment of performance bonuses. 17. Salary on commencement or promotion 17.1 Subject to sub-clause 17.2, where an employee commences in DHA or is promoted to a higher level, salary will be payable at the minimum annual salary for the employee s classification unless a higher amount is determined by the Managing Director. 17.2 Where an employee is being paid under a higher duties arrangement and that employee is promoted, that employee's salary will be equivalent to the combination of salary and higher duties allowance paid prior to the promotion or higher as determined by the Managing Director. 18. Flexible remuneration packaging 18.1 Employees may have access to a flexible remuneration packaging scheme. The scheme allows an employee to receive non-salary benefits in lieu of salary. 18.2 The key requirements of the scheme are that: (c) the scheme operates at no cost to DHA; participation is entirely voluntary; and employees may be required to obtain financial advice to be able to participate in the scheme. 18.3 Salary for superannuation, severance and termination purposes for an employee, who has elected to convert part of his or her salary to non-salary benefits, shall be determined as if the salary packaging arrangements did not exist. 9

19. Superannuation 19.1 DHA will make compulsory employer contributions as required by the applicable legislation and fund requirements. 19.2 Where an employee has chosen an accumulation superannuation fund other than the PSS Accumulation Plan (PSSap), the employer contribution will be the same percentage of the fortnightly superannuation contribution salary as that required for employees who are members of PSSap which will be no less than 15.4 per cent. This will not be reduced by any other contributions made through salary sacrifice arrangements. This clause does not apply where a superannuation fund cannot accept employer superannuation contributions (for example, unable to accept contributions for people aged over 75). 19.3 Employer superannuation contributions will not be paid on behalf of employees during periods of leave that do not count as service, unless otherwise required under legislation or fund requirements. 19.4 The Managing Director may choose to limit superannuation choice to complying superannuation funds that allow employee and/or employer contributions to be paid through fortnightly electronic funds transfer using a file generated by DHA s payroll system. This provision does not apply to any employee who, at the commencement date, has superannuation contributions paid to a fund that does not allow contributions to be paid through fortnightly electronic funds transfer using a file generated by DHA s payroll system. 19.5 Notwithstanding that contributions may not legally be required to be made under the provisions of any applicable superannuation legislation, employer superannuation contributions will be paid to accumulation superannuation funds during periods of paid and unpaid parental leave (including Maternity, Parental, Adoption and Foster Care Leave) for periods of leave to a maximum of 52 weeks. 20. Supported salary for employees with a disability 20.1 Employees who have a disability to the extent that they meet the impairment criteria for the Disability Support Pension (DSP) may be employed under this Agreement and be paid a supported salary in accordance with the Government s Supported Wage System. 10

PART C. CLASSIFICATION STRUCTURE AND ADVANCEMENT 21. Classification structure 21.1 The DHA classification structure is outlined at Appendix 1. The classification structure includes the following broadbands: DHA2 to DHA4 broadband called Broadband 1; and DHA5 to DHA6 broadband called Broadband 2. 21.2 Employees who commence in Broadband 1 at the DHA2 level will advance to the DHA3 level subject to work availability at that level and: for employees who are employed on probation, on successful completion of their probation; or for other employees, after six months at DHA, subject to being assessed at least at the satisfactory level. 21.3 Sub-clause 21.2 does not apply to non-ongoing employees engaged on an irregular or intermittent basis (casual). 21.4 Employees at the DHA3 level in Broadband 1 and at the DHA5 level in Broadband 2 may be advanced to the higher level within that broadband where there is a vacant position and the employee is assessed at least at the satisfactory level and is assessed as having the necessary expertise, skill and ability to perform the tasks of the vacant position. 22. Advancement to higher salary within level 22.1 To recognise exceptional performance, an employee s salary will advance within his or her classification level by two per cent, subject to the employee not being paid more than the maximum pay rate for that classification level, from 1 October in each year where he or she: (c) has been classified at that level for at least six months; is not already at the maximum salary for his or her classification level; and is assessed under the Performance Development Scheme as having Exceeded Targets, or an equivalent assessment rating where the scheme is changed during the life of the Agreement. 22.2 Periods of unpaid leave not to count as service and unauthorised absences will not be included in the period of service required under sub-clause 22.1. 11

23. Cadetships 23.1 DHA may engage cadets under an established cadetship scheme. 23.2 Where DHA engages a Cadet, the cadet will be engaged at the DHA2 level and will be paid at the minimum annual salary of the DHA2 level as set out at Appendix 1. The cadet will receive the normal rate of pay for their classification when attending DHA for practical training and 60 per cent of this rate when in full-time study. 23.3 Cadet employees will undertake a course of training as determined by the Managing Director. 23.4 On successful completion of a cadetship, DHA may offer continuing employment to the cadet at the DHA3 level, subject to the availability of a suitable vacant position for the cadet and having been assessed at least at the satisfactory level. 24. Traineeships 24.1 DHA may engage Trainee employees under a Traineeship or an Indigenous Traineeship scheme. 24.2 The Trainee will be engaged at the DHA Trainee level and will be paid at the minimum DHA Trainee annual salary as set out at Appendix 1. 24.3 Notwithstanding sub-clause 24.2, trainees will be paid not less than the minimum rate of pay for trainees set by Fair Work Australia. 24.4 A Trainee employee will undertake a course of training determined by the Managing Director. 24.5 On successful completion of a Traineeship, DHA may offer continuing employment to the trainee subject to work availability and having been assessed at least at the satisfactory level. Continuing employment will be at the DHA3 level. 25. Graduates 25.1 DHA may employ graduates as part of a graduate intake scheme. The graduates will be subject to DHA s graduate program and will be engaged at the DHA3 level throughout that program. The program will normally be for a period of 12 months. 25.2 On successful completion of the graduate program, DHA will offer continuing employment to the graduate subject to work availability and having being assessed at least at the satisfactory level. Continuing employment will be at the DHA4 level. 26. Juniors 26.1 Employees who are younger than 18 years of age and who are employed at the DHA2 level will be paid an annual salary determined by the Managing Director. 12

26.2 Notwithstanding sub-clause 26.1, Juniors will be paid not less than the relevant APS Award minimum rate of pay. 27. Higher duties 27.1 The following table sets out the payment arrangements where an employee is required to work at a higher level for a temporary period: Level of higher duties DHA3 DHA6 EL1 EL2 Length of qualifying period for payment of higher duties 2 weeks 6 weeks Higher duties to be paid $1,000 per annum or minimum pay point of higher level at which the duty is being performed, whichever is greater (pro rata for higher duties period) $2,000 per annum or minimum pay point of higher level at which the duty is being performed, whichever is greater (pro rata for higher duties period) 27.2 Where an employee is required to work at a higher level and does not receive any additional payment, the period of higher duties will be taken into account in the employee s performance review. 27.3 Where an employee is initially required to work at a higher level for a period that does not require additional payment and the higher level work is later extended such that the total period does require additional payment, the employee will be paid for the duration of the higher duties. 27.4 The Managing Director may determine that an employee who is entitled to additional payment under this clause will be paid a higher amount than specified in sub-clause 27.1. 13

PART D. PERFORMANCE MANAGEMENT 28. Performance Development Scheme 28.1 All employees are required to participate in the Performance Development Scheme which requires each employee to enter into an annual Performance Development Agreement. 28.2 Employees performance will be reviewed each appraisal cycle against their performance as reflected in their negotiated Performance Development Agreement. 29. Managing under performance 29.1 The procedures outlined in this clause apply to ongoing employees after completion of their probationary period and non-ongoing employees who have been employed by DHA for more than 6 months, other than employees who are employed on an irregular or intermittent basis (casual). 29.2 The following procedures will be applied where an employee is not performing at the 'met all targets' standard expected of his or her level. These procedures do not apply to breaches or alleged breaches of the APS Code of Conduct. 29.3 The steps to be taken by a supervisor in managing the employee s performance are: (c) informal efforts to improve the employee s performance including feedback on the areas of performance that require improvement and acting on appropriate development activities; formal performance counselling and development of a performance improvement plan which includes: (i) (ii) areas of performance that require improvement; the performance standards that must be achieved and maintained; (iii) suggested development activities; and (iv) the length of an assessment period (minimum of six weeks) in which the employee s work will be assessed against the required performance standards and the duties of the employee. preparation of a report comparing the employee s performance with the required performance standards and including a recommendation on action to be taken. 14

29.4 Following the completion of an under performance process and consideration of the supervisor s report and recommendation, DHA may: (c) (d) (e) take no further action as the employee has met the required standards; require a further assessment period; reduce the employee s classification level; transfer the employee to another position at the same level; or terminate the employee s employment. 29.5 Where DHA decides not to take any further action as the employee has met the required standards and the employee s performance again falls below the required standards during the next 12 months the managing under performance process will recommence. The assessment period in this instance will be four weeks. 15

PART E. HOURS OF WORK 30. Ordinary hours of work 30.1 The ordinary hours of work for a full time employee are, 7 hours 30 minutes per day, Monday to Friday. 30.2 The spans within which ordinary hours may be worked are: 6:30am to 12:00 midnight, Monday to Friday for shiftworkers; and 6:30am to 6:30pm, Monday to Friday for all other employees. 30.3 The ordinary hours of work for a part time employee are as specified in his or her part time work agreement. 30.4 Non-ongoing employees working on an irregular or intermittent basis (casual) do not have set ordinary hours of work. 31. On call arrangements 31.1 Employees at or below DHA6 level will not be required to be on call outside of the employee s paid working hours. 32. Christmas break 32.1 DHA will allow employees to be absent on the two working days between Christmas and New Year without loss of pay or the use of any leave credits, subject to a skeleton staff working on those days to allow continuation of normal services during that period. 32.2 Employees at DHA6 level and below who are required to work on the two working days between Christmas and New Year to provide the skeleton staffing or to meet business requirements will be paid at the rate of double time for all hours required to be worked. 32.3 Skeleton staffing is the number of employees in different roles that are necessary in order to ensure that normal day to day services are provided to clients during that period. The requirements of the skeleton staffing will be determined by the Business Unit Manager. 33. Flextime arrangements 33.1 This clause applies to all full time employees at DHA6 level and below unless otherwise determined by the Managing Director. 33.2 Employees will keep timesheets that will record their start and finish times and meal breaks each day. Any authorised time worked on a day that is in excess of 7 hours 30 minutes will accrue a credit. Where an employee works less than 7 hours 30 minutes, the employee will accrue a debit for the reduced hours. 16

33.3 Employees may choose to start between 8.00 am and 8.30 am and finish between 5.00 pm and 5.30 pm without requiring approval from their manager. An employee may start and/or finish outside those times and within the span of hours on a single day or on an ongoing basis with the prior approval of his or her manager and subject to operational requirements. This clause does not apply to employees who are working shiftwork or who are working according to a roster. 33.4 For the purposes of accounting for hours of work, any leave taken by an employee will be treated as: 7 hours 30 minutes of work for a full day of leave; or the actual hours the employee was absent for a part day of leave. 33.5 Each employee will be entitled to a flex day each four weeks subject to the employee having a credit of at least 7 hours 30 minutes before taking the day off. 33.6 An employee may take additional flex days (which may be as a full or part day) where he or she has sufficient credits accrued, subject to the approval of his or her supervisor. 33.7 The maximum credit an employee may accrue is 37 hours and 30 minutes. 33.8 The maximum debit an employee may accrue is 10 hours. Any debit that would take the employee beyond 10 hours debit will be treated as unpaid leave and may be regarded as an unauthorised absence. 33.9 An employee will not be paid for any credits held by the employee on termination of employment with DHA. 33.10 The value of any debits held by the employee at termination of employment must be repaid. This repayment will normally be by way of a reduction in the employee s termination payment. 34. Transition to flextime arrangements 34.1 This clause only applies to existing employees at the commencement date. Employees will continue to work under the rostered day off arrangements until the commencement of the flextime system in accordance with clause 34.2. 34.2 Employees will move to the flextime arrangements from: the commencement date; or the first working day after the employee takes a rostered day off. 17

35. Working hours for EL1 and EL2 employees 35.1 Daily working hours will not normally be specified for EL1 and EL2 employees. In place of this, EL1 and EL2 employees are required to ensure their working hours are sufficient to meet all reasonable operational requirements, achieve required outcomes and, for full time employees, be at least 150 hours for every four weeks. 35.2 EL1 and EL2 employees may also be required to work reasonable additional hours which will not attract any additional pay or entitlement. In determining whether any additional hours worked are reasonable, DHA will take into account the factors set out in section 62(3) of the Fair Work Act. 35.3 Notwithstanding sub-clause 35.1, DHA will take reasonable steps (including taking into consideration the employee's work requirements, relevant staffing levels and DHA's operational requirements at the time) to allow EL1 and EL2 employees to take time off in recognition of additional hours worked. However, where this is not feasible the employee will not receive any additional pay. 36. Rostering 36.1 DHA may elect to require a group of employees to work according to a roster where operational requirements are such that employees are required to work outside normal business hours. 36.2 DHA must consult with affected employees before the introduction of any rostering arrangements. 36.3 Where employees are working according to a roster, DHA will take into account an employee s personal preferences and circumstances in the development of the roster and when making changes to a roster. 36.4 Changes to a roster will not be made with less than 7 days notice to employees except where the changes are due to urgent operational requirements or where affected employees are in agreement. 36.5 The rostered hours will include sufficient additional time each day for full time employees at DHA6 level and below to allow such employees to take a flex day each four weeks. The flex day will then be included in the roster. 36.6 Where a manager approves an employee at DHA6 level and below to work time that is additional to his or her rostered hours and that additional time is not overtime, the employee will accrue additional flex credits that may be used to take additional flex days, subject to the approval of the employee s manager. 18

37. Shiftwork 37.1 Shiftworker means a DHA employee who works according to a roster which has rostered shifts that include ordinary hours falling between 6:30pm and 12:00 midnight - Monday to Friday. 37.2 A shiftworker will receive a shift penalty of 15 per cent for any shift that includes ordinary hours between 6:30pm and 12:00 midnight, Monday to Friday. 37.3 Shift penalties will not be payable in respect of any overtime worked by a shiftworker. 37.4 DHA will generally not change a shift roster with less than 7 days notice to an employee without the employee s agreement unless at least 7days notice is not possible because the roster change is necessitated by: an unexpected absence of another employee; or operational necessity caused by an event or incident not controlled by DHA. 37.5 Flextime arrangements will be available to shiftworkers on the same basis as for other employees who are working according to a roster. Shift penalties will not be paid for a flex day. 38. Part time work 38.1 A part time employee is one whose ordinary hours of work are less than 37 hours and 30 minutes per week. 38.2 The minimum period of part time work that will be approved is four weeks. 38.3 Unless otherwise specified in this Agreement, remuneration and other conditions for part time employees, including leave, will be calculated on a pro rata basis. 38.4 Allowances of a reimbursement nature will be the same for part time and full time employees. 38.5 All part time employees will have a part time work agreement which will specify: (c) (d) (e) the ordinary hours of work; the days of the week the employee will be required to work; the circumstances in which overtime will be payable; the duration of the part time work; and any specific arrangements that are needed to facilitate the part time work. 19

Employee initiated part time work 38.6 DHA will consider employee requests for part time work taking into account: (c) the reasons for the employee s request to convert to part time work; the impact the part time work will have on operational effectiveness and rostering; and any options that may reduce the operational impact of the employee s conversion to part time work. 38.7 The commencement or continuation of part time work will only occur where agreement is reached on the content of the part time work agreement. 38.8 On completion of the part time work agreement, the employee may request a further period of part time work or a return to full time work. 38.9 The part time work agreement may be reviewed on the initiation of the employee or his or her supervisor, with either giving four weeks notice in writing. DHA initiated part time work 38.10 DHA may advertise a vacancy for a part time position. 38.11 Where DHA advertises a vacancy for a part time position, the content of the part time work agreement may be determined by DHA in advance of filling the vacancy. 38.12 A part time employee who has been engaged as such by DHA and who is not converting from full time work will have no automatic rights to full time employment but may apply for full time positions advertised by DHA. Part time work combined with on call arrangements 38.13 For positions that would not normally be suited to part time work arrangements, DHA may approve an arrangement that combines part time work with a form of 'on call' arrangements. Where this option is approved, the following will apply: the employee will have specified part time work and work arrangements applying during the part time work; outside of the employee s part time hours, the employee will be required to be accessible by telephone and/or email and to make decisions and provide direction, and be subject to direction from DHA, as required. The employee will not normally be required to attend the office; and 20

(c) during the on call arrangements set out in and above, the employee will be paid for a specified number of hours of work that is based on the average time the employee is expected to be required to work. 38.14 Where a combined part time work and on call arrangement is entered into, the hours paid for the on call period may be reviewed at any time to ensure reflection of the average amount of work undertaken during the on call periods as determined by DHA. 38.15 The employee s part time hours for the purpose of determining pro rata entitlements will be equal to the actual part time hours plus the number of hours paid during the on call period. 38.16 A combined part time work and on call arrangement may be cancelled by either the employee or DHA with four weeks written notice. 39. Overtime 39.1 Overtime may be approved by DHA for employees at classification levels DHA level 6 and below. 39.2 DHA may require an employee to work a reasonable amount of overtime. In determining what is reasonable overtime, DHA will take into account factors including the operational requirements of DHA, an employee's personal circumstances, the notice given to an employee by DHA and any risk to an employee's health and safety. 39.3 Overtime for a non shiftworker is where DHA requires an employee to work beyond 6:30pm or on public holidays or on weekends. Where an employee works beyond 6:30pm, overtime will commence from 5:30pm unless otherwise agreed with the employee. DHA may approve overtime outside of these criteria where it is considered appropriate in the circumstances. 39.4 Overtime for a shiftworker is where DHA requires an employee to work more than 30 minutes in excess of his or her rostered hours (in which case the overtime will commence from the end of the employee s rostered shift), on public holidays or on weekends. 39.5 The normal means of compensation for overtime will be time off in lieu, accrued at the overtime rate, which must be taken within eight weeks of the overtime being worked. For a shiftworker, shift penalties will not be paid for time off in lieu. Where the employee s manager is unable to identify a time within the following eight weeks for the employee to take time off in lieu, the employee will be paid for the overtime. 39.6 For the purposes of calculating the entitlement, the following rates apply: Monday to Friday (excluding public holidays) - time and a half; Saturday time and a half for the first three hours and double time thereafter; 21

(c) (d) Sunday double time; and Public holidays: (i) where the employee is being paid for the public holiday in accordance with sub-clause 66.4 time and a half for all hours worked in addition to the employee s normal pay for that day; (ii) where the employee would not otherwise be paid for the public holiday double time and a half for all hours worked. 39.7 For the purposes of sub-clause 39.6 the minimum period of overtime where it is not continuous with ordinary hours is three hours. 40. Meal allowance 40.1 An employee is entitled to payment of a meal allowance of $26.45 where the employee is required to work: more than two hours overtime where the overtime is continuous with normal work; or more than four hours overtime on weekends or public holidays. 40.2 Meal allowance is not payable if the employee is receiving a meals and incidentals allowance. 40.3 The rate for meal allowance will be reviewed annually by DHA. 22

PART F. FLEXIBLE WORKING ARRANGEMENTS 41. Flexibility arrangements 41.1 The Managing Director and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the following terms of this Agreement: (c) (d) (e) (f) arrangements about when work is performed; overtime rates; penalty rates; allowances; remuneration; and/or leave. 41.2 An individual flexibility arrangement must meet the genuine needs of DHA and the employee in relation to one or more of the matters mentioned in sub-clause 41.1 and must be genuinely agreed to by DHA and the employee. 41.3 DHA must ensure that the terms of an individual flexibility arrangement: (c) are about permitted matters under section 172 of the Fair Work Act; are not unlawful terms under section 194 of the Fair Work Act; and result in the employee being better off overall than the employee would be if no arrangement was made. 41.4 DHA must ensure that the individual flexibility arrangement: (c) (d) is in writing; includes the name of DHA and the employee; is signed by DHA and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and includes details of: (i) the terms of this Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and 23

(iv) states the day on which the arrangement commences and, where applicable, when the arrangement ceases. 41.5 DHA must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 41.6 DHA or the employee may terminate the individual flexibility arrangement: by giving 28 days written notice to the other party to the arrangement; or if DHA and employee agree in writing at any time. 42. Flexible working arrangements 42.1 This clause applies to employees who have at least 12 months continuous service in the APS, other than employees engaged on an irregular or intermittent basis (casual) who do not have a reasonable expectation of continuing employment on a regular and systematic basis. 42.2 An employee may request flexible working arrangements, including parttime hours, to assist the employee to care for: (c) a child of the employee who is under school age; a child who is under school age for whom the employee has responsibility for the care of; or a member of the employee s immediate family who has a disability. 42.3 The employee s request must be in writing and set out the changes being sought and the reasons for the changes. 42.4 DHA may only refuse an employee request under sub-clause 42.2 on reasonable business grounds. 42.5 DHA must reply in writing to any employee request under this clause within 21 days setting out the reasons for any refusal of the request. 24

PART G. LEAVE 43. General provisions 43.1 Public holidays that fall during a period of paid leave other than Long Service Leave, Maternity Leave, Adoption Leave or Fostering Leave, will not be deducted from the employee s leave credits. 44. Portability of leave 44.1 Where an employee moves (including on promotion or for an agreed period) from another agency where they were an ongoing APS employee, the employee s unused accrued Annual Leave and Personal/Carers Leave (however described) will be recognised, provided there is no break in continuity of service. 44.2 Where a person is engaged as an ongoing employee, and immediately prior to the engagement the person was as a non-ongoing APS employee, DHA may, at the employee s request, recognise any accrued Annual Leave and personal/carers leave (however described), provided there is no break in continuity of service. Any recognised Annual Leave excludes any accrued leave paid out on separation from the employee s former agency. 44.3 Where an employee is engaged as either an ongoing or non-ongoing APS employee immediately following a period of ongoing employment in the Parliamentary Service or the ACT Government Service, the employee s unused accrued Annual Leave and Personal/Carers Leave (however described) will be recognised, provided there is no break in continuity of service. 44.4 For the purposes of this clause: APS employee has the same meaning as the same term in the Public Service Act; Parliamentary Service refers to employment under the Parliamentary Service Act 1999. 44.5 DHA may agree to allow an employee who joins DHA from a State or the Northern Territory Public Service to transfer accrued annual leave and personal/carers leave (however described), provided there is no break in continuity of service. 45. Annual leave 45.1 Full time employees are entitled to 20 days of annual leave per year, accrued and credited on a daily basis. 45.2 An employee is able to take annual leave, subject to the availability of credits and approval by the employee s manager. 25

45.3 DHA will not unreasonably refuse a request by an employee to take paid annual leave. 45.4 Employees will not accrue any annual leave during any unauthorised absences or unpaid leave that is not to count as service of more than 30 calendar days in a calendar year. 45.5 Employees on worker s compensation leave for more than 45 weeks will have annual leave credits calculated according to actual hours worked after completion of the 45 weeks. Half pay annual leave 45.6 An employee may elect to take his or her annual leave at half pay. Where this occurs, only half of the period of leave will count as service. An employee s annual leave balance will be reduced at half the rate. Recall from leave 45.7 Where the Managing Director cancels approved annual leave for an employee, he or she will be entitled to the reimbursement of reasonable expenses incurred by the employee that are not otherwise recoverable under any insurance or from any other source and which are a direct result of the cancellation of the leave. Maximum annual leave credits 45.8 Where an employee has more than 40 days of annual leave credits, DHA may require the employee to take sufficient annual leave to reduce his or her credits to 20 days. Where possible, any leave taken under this sub-clause will be at an agreed time. Where DHA and an employee are unable to agree on the timing for a required period of leave, the Managing Director may specify the timing of the leave as long as the employee has been provided with at least four weeks of notice. Cashing out of annual leave credits 45.9 The Managing Director may agree to an employee s request to cash out annual leave in accordance with the following: (c) (d) (e) a maximum of 10 days may be cashed out in any 12 month period; the cashing out must not result in the employee having less than 20 days of annual leave credits remaining; the request to cash out must be in writing; the option may be taken only once in any 12 month period; and the employee must either; (i) have already taken at least 10 days of annual leave during the previous 12 months; or 26

(ii) take at least 10 days of annual leave immediately after the cashing out; and (iii) the Managing Director must accept that the employee does not need to take a longer period of leave for rest and recovery purposes. Payment for annual leave credits on termination of employment 45.10 Employees will be paid for any unused annual leave credits on resignation or termination of employment. 46. Purchased leave 46.1 Purchased leave is an option available to an employee that provides him or her with additional leave credits that are purchased by reducing the employee s fortnightly salary for a period of time. 46.2 The minimum amount of leave that can be purchased is one week and there is no upper limit. However, approval of access to purchased leave is subject to whether there will be an adverse operational impact and any costs involved in mitigating this impact. 46.3 An employee must gain agreement, in principle, for any proposed period of absence and all available annual leave credits must be used before purchased leave is utilised. 46.4 When applying for purchased leave, the employee must advise when he or she is seeking to take the purchased leave and the period of salary deduction to pay for the leave, subject to a maximum recovery period of three months for each week of purchased leave. 46.5 The deduction from the employee s pay will be calculated according to the following formula: Gross weekly salary X number of weeks of purchased leave number of fortnights of salary deduction 46.6 Purchased leave does not count as service for any purpose except for the first four weeks. 46.7 Salary for superannuation, severance and termination purposes for an employee, who has elected to purchase leave, shall be determined as if the purchased leave arrangement did not exist. 46.8 Adjustments to salary deductions will occur to reflect any salary movements that result in a change in the value of purchased leave absences. 46.9 An employee or DHA, due to operational requirements, may cancel the purchased leave arrangements where exceptional circumstances occur. In this case, the employee will be refunded the salary deductions less the value of any purchased leave already taken. 27

47. Personal leave 47.1 Ongoing employees will accrue personal leave credits in accordance with the following: employees who are not subject to the portability provisions of clause 44 will receive 15 days of personal leave credits on commencement with DHA and after each subsequent 12 months of continuous service, an additional 15 days; employees who are subject to the portability provisions of clause 44 will receive 15 full days of personal leave credits 12 months after they last received personal leave credits from their former agency and then after each subsequent 12 months of continuous service, an additional 15 days. 47.2 Non-ongoing employees who are not employed on an irregular or intermittent basis (casual) will accrue personal leave credits in accordance with this clause as follows: 15 days during their first 12 months of employment, on a pro rata basis; and 15 days of personal leave credits at the commencement of the second and subsequent years of service. 47.3 The date for accrual of personal leave credits will be deferred by the length of any period of unauthorised absence or leave not to count as service of more than 30 calendar days during the previous 12 months. 47.4 Part time employees will have the accrual of personal leave credits based on the hours they are working as at the accrual date. 47.5 Employees on worker s compensation leave for more than 45 weeks will have personal leave credits calculated according to actual hours worked after completion of the 45 weeks. 47.6 Where an employee obtains workers compensation benefits for a period during which he or she received paid personal leave, the employee shall repay the amount paid for that period and DHA will re-credit that personal leave to the employee. 47.7 Unused personal leave credits will accumulate from year to year without limit. 47.8 Personal leave is not paid out on termination of employment. Approval of personal leave 47.9 The Managing Director may, subject to the availability of personal leave credits, approve paid personal leave for an employee for the following purposes: where the employee is ill or injured and as a result is unable to work; 28

to provide care or support for a member of his or her immediate family or household who requires care or support because of: (i) (ii) an illness or injury of an immediate family or household member; or an unexpected emergency affecting an immediate family or household member. 47.10 Medical certificates must be provided by employees for absences due to personal injury or illness where: the employee has already had five days of personal leave in the accrual year without a medical certificate; or the absence is for more than two consecutive days. 47.11 Notwithstanding sub-clause 47.10, the Managing Director may waive the requirement to provide a medical certificate where the Managing Director does not require any verification that the employee is unfit for work. 47.12 The Managing Director may require an employee to provide a medical certificate for any absence due to personal illness or injury as long as the employee is not required to obtain a retrospective medical certificate. 47.13 The Managing Director may require an employee to provide appropriate verification of the reasons for seeking personal leave where it is for a reason other than personal illness or injury such as: where the leave is because of an illness or injury of an immediate family or household member, a medical certificate; or where the leave is because of an unexpected emergency affecting an immediate family or household member, a statutory declaration or other form of verification acceptable to the Managing Director. 47.14 An employee may not take personal leave while on paid maternity leave. Unpaid personal leave 47.15 Where an employee is unfit for work due to a personal illness or injury and he or she has no personal leave credits, he or she may seek approval to take unpaid personal leave for a maximum continuous period of three months, with medical certificates covering any period to be taken. Unpaid leave under this sub-clause will count as service for all purposes other than for the purpose of accrual of personal leave credits. 47.16 Any subsequent unpaid leave that is required by the employee will be unpaid other leave and will not count as service for any purpose. Notification requirements 47.17 An employee must notify his or her supervisor of his or her absence and intention to apply for personal leave as soon as reasonably possible. 29

Recording requirements 47.18 Employees are required to enter personal leave onto the Human Resource system on the day of return from leave. Failure to comply with obligations 47.19 Where an employee fails to comply with his or her obligations as specified in this clause, other than because of circumstances beyond the employee s control, the absence may be regarded by DHA as unauthorised and without pay. 48. War service sick leave 48.1 Employees who are subject to a war caused condition under the Veteran s Entitlements Act 1986, will be entitled to: a nine week war service sick leave credit on commencement with DHA where the employee has not already received a similar credit from another agency that would be subject to the portability provisions of clause 44; and an annual credit of three weeks war service sick leave that accrues to the employee at the start of each year of service with DHA. 48.2 War service sick leave may be taken for any absence that is caused by the war caused condition. 48.3 The nine week credit that the employee receives on commencement must be used before any of the annual war service sick leave credits. 48.4 The three weeks annual war service sick leave credit accrues if not used to a maximum of nine weeks. 49. Unpaid carer s leave 49.1 Where an employee does not have any personal leave credits available, the employee is entitled to two unpaid carer s leave days per occasion to provide care or support for members of his or her immediate family or household who require care or support because of: an illness or injury of an immediate family or household member; or an unexpected emergency affecting an immediate family or household member. 49.2 Unpaid carer s leave does not count as service for any purpose. 49.3 The employee is required to provide the Managing Director with notice of the requirement to take unpaid carer s leave as soon as reasonably possible. 30

49.4 The Managing Director may require verification of the reason for taking unpaid carer s leave as follows: where the leave is because of an illness or injury of an immediate family or household member, a medical certificate; or where the leave is because of an unexpected emergency affecting an immediate family or household member, a statutory declaration or other form of verification acceptable to the Managing Director. 49.5 Where the employee does not comply with his or her obligations under this clause, other than because of circumstances beyond his or her control, the leave may not be approved and would be treated as an unauthorised absence. 50. Compassionate leave 50.1 An employee is entitled to paid compassionate leave of three days on each occasion that may be taken in a single continuous period, or separate periods to which the employee and DHA agree, when a member of the employee s immediate family or household: is suffering from an illness or injury that poses a serious threat to his or her life; or dies. 50.2 To be eligible for compassionate leave under this clause, the employee may be required to provide verification of the illness, injury or death. 50.3 The verification of the life threatening illness or injury may require certification from a medical practitioner that the illness or injury poses a serious threat to the person s life. 51. Special leave 51.1 Special leave is available where an employee is unable to attend work due to unforeseen, emergency or special circumstances. Access to special leave is subject to: (c) (d) the availability of credits; a satisfactory reason for taking the leave; operational requirements; and consideration of the employee s personal circumstances. 51.2 Special leave will not be approved for a reason that is covered by the personal leave provisions. 51.3 Ongoing employees will accrue three days of special leave on commencement with DHA and an additional three days at the commencement of each subsequent 12 months of service. 31

51.4 Unused special leave will be retained for the first two years of employment with DHA. At the end of the second and subsequent years of employment with DHA, unused special leave credits will be paid out in full. 51.5 Non-ongoing employees who are engaged for a term that exceeds 12 months will have the same entitlement to special leave as ongoing employees except that the initial three days of special leave credits will not accrue until after the first two months of employment. 51.6 Payment in lieu of unused special leave credits will not be paid to an employee on termination of employment from DHA. 52. Maternity leave 52.1 The entitlement to maternity leave is provided for under the Maternity Leave (Commonwealth Employees) Act 1973 ( the Maternity Leave Act ), with additional conditions set out in this clause. 52.2 An employee who is entitled to paid maternity leave under the Maternity Leave Act will be entitled to an additional two weeks of paid maternity leave. 52.3 Where an employee is entitled to paid maternity leave, the employee may elect to take the 14 weeks of paid leave at half pay over a period of 28 weeks. Where the employee elects to take this option, the period of paid leave will be treated as 14 weeks of service only. 52.4 An employee who is planning on having a child, including adopting or fostering a child, may elect to purchase additional paid maternity leave by reducing his or her fortnightly salary before commencing maternity leave. Any additional paid maternity leave that is purchased under this sub-clause will not count as service for any purpose. Where the employee takes up this option and does not wish to use the additional paid maternity leave for any purpose, the employee will be repaid the amount of salary that was set aside for this purpose. 52.5 The maximum total period of paid and unpaid maternity leave that may be taken is twelve months. 52.6 An employee who is eligible for Maternity Leave may access Parental Leave as provided under clause 56. 53. Adoption leave 53.1 All entitlements included in clause 52 will be provided to an employee who adopts a child and that employee is the primary care giver, subject to meeting the qualifying service requirements of the Maternity Leave Act. 32

These entitlements will only apply where the adopted child: (c) will be, under the age of 16 years as at the day of placement or the proposed day of placement; and has not, or will not have previously lived continuously with the employee for a period of six months or more as at the day of placement or the proposed day of placement; and is not a child or step-child, grandchild of the employee or the employee s spouse. 53.2 An employee who adopts a child as described in sub-clause 53.1 and who is not the primary care giver will be entitled to 10 days of paid adoption leave within six weeks of the date of placement of the child. This leave may be taken at half pay over 20 days, but will only count as 10 days service. 53.3 In addition to the paid leave entitlements set out in this clause, an employee who is adopting a child that meets the eligibility criteria set out in sub-clause 53.1 is entitled to two days of unpaid pre-adoption leave to attend interviews or examinations required to obtain approval. This leave will count as service for all purposes. 54. Fostering leave 54.1 All entitlements included in clause 52 will be provided to an employee who fosters a child under 16 years of age on a long term basis and that employee is the primary care giver, subject to meeting the qualifying service requirements of the Maternity Leave Act. These entitlements will only apply where the fostering has been arranged by the State or Territory government and at the time of the fostering is expected to be permanent. 54.2 An employee who fosters a child as described in sub-clause 53.1 and who is not the primary care giver will be entitled to 10 days of paid fostering leave within six weeks of the date of placement of the child. This leave may be taken at half pay over 20 days, but will only count as 10 days service. 55. Paid parental leave 55.1 An employee is entitled to 10 days paid parental leave where his or her partner gives birth to a child. The leave must be taken within six weeks of the birth of the child. This leave may be taken at half pay over 20 days, but will only count as 10 days service. 55.2 An employee who receives paid maternity leave is not entitled to paid parental leave under this clause. 33

56. Unpaid parental leave 56.1 An employee with at least 12 months continuous service with the APS is entitled to a total of 12 months of parental leave on birth, adoption or long term fostering of a child where the employee is the primary carer of the child. These 12 months of leave are a combination of any paid leave available to the employee as prescribed under Sections 52 to 55 with the remainder as unpaid leave. 56.2 To be eligible for unpaid parental leave under this Section in relation to an adoption or long term fostering, the adoption or fostering must satisfy the same eligibility criteria as set out in clauses 53.1 and 54.1. 56.3 An employee who is the primary carer of the child may elect to apply for an additional period of up to 12 months of unpaid parental leave immediately following the end of the available parental leave period. This application may be made at any time within 12 months after the birth, adoption or long term fostering of the child. Where such application is made, DHA will only refuse the application on reasonable business grounds. 57. Return to work after parental leave 57.1 On ending paid and/or unpaid parental, maternity, adoption or fostering leave, an employee is entitled to return to: the employee s pre-parental/maternity/adoption/fostering leave position; or if that position no longer exists, an available position for which the employee is qualified and suited nearest in classification and pay to the pre-parental/maternity/adoption/fostering leave position. 58. Parental leave other provisions 58.1 Employees will be entitled to parental leave conditions that are set out in the National Employment Standard in the Fair Work Act that are not covered in this Agreement. 58.2 Where the parental leave provisions set out in this Agreement contain an entitlement less beneficial to an employee in any respect or in contravention to the parental leave provisions in the National Employment Standards set out in the Fair Work Act, those contained within the National Employment Standards will prevail. 59. Recognition of other parental roles 59.1 Where an employee has a parental role and is the primary care giver for a child of an immediate family member, he or she will be treated as if he or she is the parent of that child in relation to unpaid parental leave. 34

60. Elder or disabled care leave 60.1 An ongoing employee who is required to care for a member of his or her immediate family who is elderly or disabled may request up to two years of unpaid elder or disabled care leave. 60.2 DHA will not unreasonably refuse a request under this clause. 60.3 Any leave approved under this clause will not count as service for any purpose. 61. Career break leave 61.1 An ongoing employee who has at least two years of continuous service with DHA may request unpaid career break leave of up to six months. 61.2 Approval of leave under this clause will be subject to consideration of any operational impact and any costs involved in mitigating that impact. 61.3 Any leave approved under this clause will not count as service for any purpose. 62. Long service leave 62.1 An employee is entitled to long service leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976. 62.2 The minimum period during which long service leave can be taken is seven calendar days (at full or half pay). Long service leave cannot be broken with other periods of leave, except as otherwise provided by legislation. 63. Community service leave 63.1 Employees are entitled to Community Service Leave as defined in sub clauses 63.2 and 63.5 in the following circumstances: (c) (d) (e) (f) during any period of jury service; where an employee engages in voluntary emergency management activity; for regular training with a recognised emergency management body; ceremonial duties with a recognised emergency management body; reasonable travel time associated with voluntary emergency management activity or regular training or ceremonial duties with a recognised emergency management body; reasonable recovery time following engagement in voluntary emergency management activity; or 35

(g) for any other activity prescribed in the Fair Work Regulations as being applicable to Community Service Leave. 63.2 An employee is only entitled to Community Service Leave under clause 63.1 to (f) where the employee is a member of, or has a member like relationship with a recognised emergency management body. 63.3 Where a permanent or temporary employee is on Community Service Leave while on jury service, DHA will pay the employee his or her normal salary, subject to the employee paying to DHA any payments made to the employee for jury service other than payments of a reimbursement nature. 63.4 All Community Service Leave is unpaid except for: (c) the payment provisions for jury service outlined in this clause; the first five days of voluntary emergency management activity in a calendar year; and where otherwise approved by the Managing Director. 63.5 For the purposes of this clause, an employee engages in voluntary emergency management activity if: (c) the employee engages in an activity that involves dealing with an emergency or natural disaster; and the employee is engaged in the activity on a voluntary basis (whether or not the employee directly or indirectly takes or agrees to take an honorarium, gratuity or similar payment wholly or partly for engaging in the activity); and either: (i) (ii) the employee was requested by or on behalf of the body to engage in the activity; or no such request was made, but it would be reasonable to expect that, if the circumstances had permitted the making of such a request, it is likely that such a request would have been made. 64. Defence Reservists leave 64.1 An employee may be granted leave (with or without pay) to enable the employee to fulfil Australian Defence Force (ADF) Reserve and Continuous Full Time Service (CFTS) or Cadet Force obligations. 64.2 An employee is entitled to ADF Reserve leave with pay, for up to four weeks during each calendar year for the purpose of fulfilling service in the ADF Reserve. These purposes include training and operational duty as required. During the employee s first year of ADF Reserve service, a further two weeks paid leave may be granted to facilitate participation in additional ADF Reserve training, including induction requirements. With 36

the exception of the additional two weeks in the first year of service, leave can be accumulated and taken over a period of two years, to enable the employee to undertake training as a member of the ADF Reserves. 64.3 Defence Reserve leave counts as service for all purposes, except for unpaid leave to undertake CFTS. Unpaid leave for the purpose of CFTS counts for all purposes except Annual Leave. 64.4 Eligible employees may also apply for Annual Leave, Long Service Leave or flex days, for the purpose of fulfilling ADF Reserve, CFTS or Cadet Force obligations. 64.5 Employees are to notify supervisors when the dates of ADF Reserve, CFTS or Cadet Force activities are known and/or changed. 65. Other leave 65.1 The Managing Director may approve paid or unpaid other leave in exceptional circumstances, which may count as service or not count as service, for any reason considered by the Managing Director to be appropriate and subject to any conditions which may be determined by the Managing Director. 65.2 Other leave for a part day will not normally be approved. 65.3 Where an employee does not resume duty without prior notification to DHA at the end of a period of other leave, whether paid or unpaid, the absence will be treated as an unauthorised absence and will not count as service for any purpose. 65.4 Other leave with pay may be approved in, but not limited to, the following circumstances: (c) participation in major international sporting events; participation in or attendance at National Aborigines and Islanders Day Observance Committee (NAIDOC) week activities for a maximum of one day per year; in recognition of extraordinary circumstances such as involvement in an official capacity with Government organisation dedicated to assisting the community in state of emergency situations such as bushfires, floods, cyclones and earthquakes. 65.5 Other leave without pay may be approved in, but not limited to, the following circumstances: for cultural, ceremonial or religious reasons; or for full-time study to complete an undergraduate or post graduate qualification. 37

65.6 DHA will provide an employee with an additional day's paid leave within the Christmas/New Year period on the day specified by DHA provided the employee was required to attend work on that day. 65.7 Employees at DHA6 level and below who are required to work on the additional day provided for under clause 65.6 will be compensated at public holiday overtime rates as prescribed under clause 39 for all hours required to be worked. Other leave and public holidays 65.8 Where an employee is on unpaid other leave on the working days immediately before and after a public holiday, he or she will not be paid for the public holiday. 66. Public holidays 66.1 The following public holidays will apply under this Agreement: (c) (d) (e) (f) (g) (h) (i) New Year s Day (1 January); Australia Day (26 January); Good Friday; Easter Monday; Anzac Day (25 April); the Queen s birthday holiday (on the day on which it is celebrated in a State or Territory or a region of a State or Territory); Christmas Day (25 December); Boxing Day (26 December); and any other day, or part-day, declared or prescribed by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of the State or Territory, as a public holiday, other than a day or part-day, or a kind of day or part-day, that is excluded by the Fair Work Regulations from counting as a public holiday. 66.2 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. 66.3 The Managing Director and an employee may agree on the substitution of a day or part-day that would otherwise be a public holiday, having regard to operational requirements. 66.4 An employee, who is absent on a day or part-day that is a public holiday in a place where the employee is based for work purposes, is entitled to be paid for the part or full day absence as if that day or part-day was not a public holiday, except where that person would not normally have worked on that day. 38

66.5 Where a public holiday falls during a period when an employee is absent on leave (other than Annual or Personal Leave) there is no entitlement to receive payment as a public holiday. Payment for that day will be in accordance with the entitlement for that form of leave (for example, if on long service leave at half pay, payment is on half pay). 67. Unauthorised absences 67.1 Where an employee is absent from duty without approval the absence will be without pay and will not count as service for any purpose. Other benefits provided under this Agreement will cease to be available to the employee until he or she resumes duty or is granted leave. 39

PART H. TRAVEL 68. General 68.1 Subject to paragraph 70.1 the general principle that underpins this Part is that an employee should not be financially disadvantaged by a requirement of DHA that the employee travel away from home on DHA business. 69. Short term travel 69.1 The entitlements set out in this clause do not generally apply to any circumstances where an employee is required to stay in the same location for more than one week. Accommodation 69.2 Where an employee is required to be absent from home overnight due to DHA requirements, reasonable accommodation will either be provided to the employee or the cost of such accommodation paid or reimbursed on production of a commercial tax invoice or receipt. Meals and incidentals 69.3 Where an employee is required to be absent from home overnight for a short term period due to DHA requirements he or she will be paid a meals and incidentals allowance at the following rates: (c) (d) Breakfast, payable where the employee departs home before 7:00am - $23.65; Lunch, payable where the employee is away from home at 1:00pm - $26.55; Dinner, payable where the employee arrives home after 7:00pm - $45.60; and Incidentals - $17.30 for each 24 hours of absence or part thereof. 69.4 For the purposes of sub-clause 69.3, departure and arrival times for air travel are deemed to be: capital cities, 90 minutes before flight departure and 60 minutes after flight arrival; or other centres, 60 minutes before flight departure and 30 minutes after flight arrival. 69.5 Meal allowance is not payable where DHA provides a meal within one hour of the times specified in sub-clause 69.3. 69.6 The rates set out in sub-clause 69.3 will be reviewed annually by DHA. 40

Other costs 69.7 DHA may agree to reimburse an employee for other reasonable costs incurred as a direct result of a DHA requirement for the employee to travel away from his or her home for business purposes where such cost is consistent with the principle set out in clause 68.1, on the provision of a Tax Invoice or other documentary evidence required by DHA. 70. Part day travel allowance 70.1 Where an employee is required to be absent from his or her home locality for more than 10 hours, but is not required to be away overnight, he or she will be paid a taxable Part Day Travel Allowance of $50.00. 70.2 The amount of Part Day Travel Allowance set out in sub-clause 70.1 will be reviewed annually by DHA. 71. Long term travel 71.1 Where an employee is required to be absent from his or her home base and is staying in the same locality for more than one week, reasonable costs associated with that absence that are approved by DHA will be either paid or reimbursed to the employee. 71.2 DHA may agree to apply the provisions of clause 69 for long term travel where it seems reasonable in the circumstances. 72. Overseas travel 72.1 Employees will be paid or reimbursed reasonable costs for accommodation, meals and incidentals while on approved travel outside of Australia, where such cost is consistent with the principle set out in clause 68.1, on the provision of a Tax Invoice or other documentary evidence as required by DHA. 41

PART I. ALLOWANCES 73. Motor vehicle allowance 73.1 A motor vehicle allowance is payable where an employee is required by DHA to use his or her private vehicle for work related purposes. 73.2 The rate of motor vehicle allowance is the same as the rate determined by the cents per kilometre method used by the Australian Taxation Office. 74. Additional role allowances 74.1 This clause sets out allowances that are payable to employees who are appointed by DHA to take on specific roles that are additional to their normal duties. 74.2 The allowances set out in this clause will be increased by: 4.0 per cent from the later of 1 July 2012 or the commencement of this agreement; and 3.5 per cent from 1 July 2013. 74.3 An employee who takes on more than one additional role will only be paid one allowance under this clause. 74.4 Any costs involved in attaining or retaining required qualifications for the additional roles will be paid or reimbursed as approved by DHA. First aid allowance 74.5 Where an employee possesses a current and valid First Aid Certificate and is appointed by DHA as a first aid officer for DHA, he or she will receive a first aid allowance of $22.17 per fortnight, subject to sub-clause 74.3. Fire warden allowance 74.6 An employee who is appointed as a fire warden or deputy fire warden and who has completed the approved training for the role will be paid a fire warden allowance of $22.17 per fortnight, subject to sub-clause 74.3. Harassment Contact Officer allowance 74.7 An employee who is appointed by DHA and meets the qualification criteria for, a Harassment Contact Officer will be paid an Harassment Contact Officer allowance of $22.17 per fortnight, subject to sub-clause 74.3. 42

Health and Safety Representative allowance 74.8 An employee who has successfully completed the required training and is appointed as an Health and Safety Representative will be paid a Health and Safety Representative allowance of $22.17 per fortnight, subject to sub-clause 74.3. 43

PART J. OTHER ENTITLEMENTS 75. Procurement policies 75.1 DHA will comply with the policies of the Commonwealth Government in relation to procurement activities that are applicable to DHA. 76. Professional memberships 76.1 Where DHA requires an employee to hold a professional membership, DHA will pay or reimburse the costs of such membership. 77. Relocation assistance 77.1 Where an employee is required by DHA to relocate to another DHA location that requires the employee to move residence, DHA will pay or reimburse DHA approved reasonable direct costs incurred by the employee as a result of this relocation but does not include financial loss where the employee s partner or family members loses or fails to secure employment at the new location. 78. Home based work 78.1 DHA may approve home based work arrangements for an employee where the employee s work is suitable for home based work and the home environment is assessed by DHA to be safe and secure. 79. Employee Assistance Program 79.1 DHA will make available to all employees and their immediate families, an appropriate service to provide confidential, professional counselling to help resolve work related and personal problems. The employee will be entitled to up to three free consultations for each 12 month period or as otherwise approved by DHA. 80. Flu vaccination 80.1 DHA will provide all employees with the opportunity to receive a flu vaccination each year by way of provision or reimbursement of a flu vaccination service. 81. School holiday care subsidy 81.1 An employee will be eligible for a school holiday care subsidy during school holidays where he or she has: more than 12 months continuous service with DHA; and less than 20 days of Annual Leave credits, or the employee has more than 20 days Annual Leave credits but the employee s 44

(c) manager is unable to approve an application for Annual Leave during the school holidays due to operational requirements; and children under the age of 12 who are being cared for during the school holidays by a child care provider or a person who is not the employee s partner or older child. 81.2 Where the employee is eligible for the school holiday care subsidy, he or she will be reimbursed the cost of any school holiday care provided up to $20 per day per child to a maximum of $200 per week for an individual employee. 81.3 Where an employee s partner is also employed by DHA, only one member of the DHA employed couple is entitled to the school holiday care subsidy. 45

PART K. CONSULTATION 82. Staff Consultative Group 82.1 DHA will continue to operate a Staff Consultative Group (SCG) under this Agreement. 82.2 The SCG will comprise: (c) employee representatives nominated and elected by DHA employees from designated work groups; an employee representative of the Community and Public Sector Union (CPSU) appointed by the CPSU; and management representatives appointed by DHA. 82.3 The role of the SCG is to provide a forum in which employees views are able to be represented in relation to major change processes and significant strategic issues. 82.4 Employee and union representative on the SCG will be provided with reasonable time during their work hours to undertake their responsibilities, including obtaining views from employees and union members about matters being considered by the SCG. 82.5 Significant changes to DHA policies will be discussed with the SCG prior to implementation. 83. Consultation 83.1 This clause applies if: DHA has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its operations; and the change is likely to have a significant effect on DHA employees. 83.2 DHA must notify the relevant employees of the decision to introduce the major change. 83.3 The relevant employees may appoint a representative for the purposes of the procedures in this clause. 83.4 If: a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and the employee or employees advise DHA of the identity of the representative; DHA must recognise the representative. 46

83.5 As soon as practicable after making its decision, DHA must: discuss with the relevant employees: (i) the introduction of the change; (ii) the effect the change is likely to have on the employees; and (iii) measures DHA 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: (i) (ii) (iii) all relevant information about the change including the nature of the change proposed; information about the expected effects of the change on the employees; and any other matters likely to affect the employees. 83.6 Notwithstanding any other provision in this clause, DHA is not required to disclose confidential or commercially sensitive information to the relevant employees. 83.7 DHA must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 83.8 If a term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to DHA, the requirements set out in clauses 83.2, 83.3 and 83.5 are taken not to apply. 83.9 In this clause, a major change is likely to have a significant effect on employees if it results in: (c) (d) (e) (f) (g) the termination of the employment of employees for other than misconduct or performance issues; major change to the composition, operation or size of DHA s workforce or to the skills required of employees; the elimination or diminution of job opportunities (including opportunities for promotion or tenure); the significant alteration of hours of work; the need to retrain employees; the need to relocate employees to another workplace; or the major restructuring of jobs. 83.10 In this Section, relevant employees means the employees who may be affected by the major change. 47

84. Principles of consultation 84.1 The parties to this Agreement agree that, where consultation occurs, it includes: (c) providing employees with information about decisions or proposed decisions; providing employees with the opportunity to put forward views about the implementation of decisions that have been made or about proposed decisions; and advising employees about how their views were taken into account when making final decisions about the implementation of a decision that has been made or about proposed decisions. 84.2 DHA recognises the right of any employee to be represented in any consultation process. 48

PART L. REDUNDANCY 85. General 85.1 This Part only applies to an ongoing employee not subject to a probation period. 85.2 An employee may be retrenched where DHA has made a definite decision that it no longer requires an employee's job to be performed by the employee, or anyone else. 85.3 DHA may no longer require an employee's job to be performed by anyone, for reasons including: there is a greater number of employees at a particular classification than is necessary for the efficient and economical working of DHA; or the services of the employee cannot be effectively used because of technological or other changes in the work methods of DHA or structural or other changes in the nature, extent or organisation of the functions of DHA. 86. Assistance to employees 86.1 An employee who may be retrenched will be entitled to the following: (c) (d) information about the value of the employee s termination payments if he or she is retrenched; discussions about possible redeployment opportunities; reimbursement of reasonable costs associated with the provision of financial assistance as approved prior to the retrenchment date of effect; and referral to a service that provides employment. 86.2 DHA will comply with the policies of the Commonwealth Government in relation to redeployment of excess APS employees. 87. Selection of redundant employees 87.1 Where DHA needs to select one or more employees to be retrenched, DHA will determine which employee or employees will be retrenched taking into account the skills and experience of the employees and the future workforce structure. 88. Severance entitlements 88.1 An employee who is terminated by the Managing Director under section 29 of the Public Service Act on the grounds that he or she is excess to the requirements of DHA is entitled to payment of a redundancy benefit 49

of an amount equal to two weeks salary for each completed year of continuous service, plus a pro rata payment for completed months of service since the last completed year of service, subject to any minimum amount the employee is entitled to under the National Employment Standards of the Fair Work Act. 88.2 Earlier periods of service may count provided there are no breaks between the periods of service, except where a break in service is less than one month and occurs where an offer of employment with the new employer was made and accepted by the employee before ceasing employment with the preceding employer. 88.3 Any period of service which ceased by way of any of the grounds for termination specified of Section 29 of the Public Service Act (including any additional grounds prescribed in the Public Service Regulations); or on a ground equivalent to any of these grounds; or through voluntary retirement at or above the minimum retiring age applicable to the employee; or with the payment of a redundancy or similar payment or an employer-financed retirement benefit; will not count as service for severance pay purposes. 88.4 The minimum severance payment will be four weeks salary and the maximum will be 48 weeks' salary. 88.5 The redundancy benefit will be calculated on a pro rata basis for any period where an employee has worked part-time hours during his or her period of service and the employee has less than 24 years of full-time service, subject to any minimum amount the employee is entitled to under the National Employment Standards. 88.6 For the purposes of sub-clause 88.1, the period of continuous service includes Government service as defined in Section 10 of the Long Service Leave (Commonwealth Employees) Act 1976. 88.7 For the purposes of sub-clause 88.1, absences from work which do not count as service for long service leave purposes will not count as continuous service for severance pay purposes. 88.8 For the purposes of sub-clause 88.1, the employee s salary will be the higher of: the employee s annual base salary at his or her permanent classification level; or the salary payable at a higher classification level where the employee has been temporarily performing work and has been paid at that higher classification level for a period of 12 months or more immediately preceding the date on which DHA gave the employee notice of his or her termination. 88.9 An employee will not be entitled to severance pay where DHA offers the employee comparable employment and the employee refuses that offer. 50

89. Notice of termination on retrenchment 89.1 Subject to clause 93, where the employee is to be terminated or retrenched, DHA will provide the employee with notice of termination in accordance with the following notice periods: Period of continuous service in the APS Not more than 1 year More than 1 year but not more than 3 years More than 3 years but not more than 5 years More than 5 years Period of notice 1 week 2 weeks 3 weeks 4 weeks 89.2 The required period of notice set out in sub-clause 89.1 is increased by one week where the employee: is over 45 years of age; and has completed at least two years of continuous service with the APS. 89.3 DHA may elect to pay the employee in lieu of all or part of the notice period provided under sub-clauses 89.1 and 0. 90. Reduction in classification 90.1 DHA may, in order to prevent an employee being retrenched, reduce the employee s classification by one level, or two levels with the employee s consent, provide alternative duties or secure comparable employment for the employee with another employer. 90.2 Where the Managing Director reduces the classification level of the employee under sub-clause 90.1, the employee will be entitled to income maintenance payments to maintain his or her salary at the previous classification level for a period that is equal to two weeks for every year of service (as defined by sub-clauses 88.6 and 88.7), subject to a minimum period of four weeks and a maximum period of 48 weeks. 51

PART M. DISPUTE RESOLUTION 91. Procedures for preventing and settling disputes 91.1 If a dispute relates to: a matter arising under this Agreement; or the National Employment Standards; this Section sets out procedures to settle the dispute. 91.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this section. 91.3 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 the relevant supervisors and/or managers. 91.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Australia. 91.5 Fair Work Australia may deal with the dispute in two stages: Note: Fair Work Australia 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 Australia is unable to resolve the dispute at the first stage, Fair Work Australia may then: (i) arbitrate the dispute; and (ii) make a determination that is binding on the parties. If Fair Work Australia arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act. A decision that Fair Work Australia makes when arbitrating a dispute is a decision for the purpose of Division 3 of Part 5.1 of the Fair Work Act. Therefore, an appeal may be made against the decision. 91.6 While the parties are trying to resolve the dispute using the procedures in this Section; 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; (i) the work is not safe; 52

(ii) applicable occupational health and safety legislation would not permit the work to be performed; (iii) the work is not appropriate for the employee to perform; or (iv) there are other reasonable grounds for the employee to refuse to comply with the direction. 91.7 The parties to the dispute agree to be bound by a decision made by Fair Work Australia in accordance with this Section. 53

PART N. TERMINATION OF EMPLOYMENT 92. Resignation 92.1 An employee may resign at any time, and for whatever reason, and should where possible give two weeks written notice of their resignation from employment. The required notice period may be shortened or waived by DHA. 92.2 DHA may elect to pay an employee in lieu of all or part of the required notice provided for in sub-clause 89.1. 93. Cessation of employment Termination for serious misconduct 93.1 Nothing in this Agreement prevents DHA from terminating the employment of an employee for breaching the APS Code of Conduct, without further notice or payment in lieu of notice, in accordance with the Fair Work Act and associated regulations dealing with serious misconduct, and the Public Service Act. Notice of termination 93.2 DHA will provide employees with notice of termination in accordance with the following notice periods: Period of continuous service in the APS Not more than 1 year Period of notice 1 week More than 1 year but not more than 3 years More than 3 years but not more than 5 years More than 5 years 2 weeks 3 weeks 4 weeks 93.3 The required period of notice set out in sub-clause 93.2 is increased by one week where the employee: is over 45 years of age; and has completed at least two years of continuous service with the APS. 93.4 DHA may elect to pay an employee in lieu of all or part of the required notice provided for in sub-clauses 93.2 and 93.3. 54

Invalidity retirement 93.5 An employee will not, without his or her consent, be terminated on invalidity grounds before his or her available Personal Leave credits have been used. Termination payments 93.6 Where an employee ceases employment with DHA, the employee will receive payment in lieu of unused Annual Leave credits. This payment will be based on the employee s final base salary. Payment on death 93.7 Where an employee dies, or is assumed by DHA to have died, DHA will authorise the payment of the amount to which the former employee would have been entitled had the employee resigned, including accrued annual leave and long service leave, taking into account any relevant taxation legislation. 93.8 Payment of an amount authorised by DHA under sub-clause 93.7 shall be made to the executor of the former employee s estate, the administrator of the former employee s estate, the public trustee or such other person as the law requires in the jurisdiction pertaining to the former employee. 94. Review of decisions to terminate employment 94.1 The sole and exhaustive rights and remedies of an employee in relation to termination of employment are those that the employee is entitled to under: (c) Division 1 of Part 3-2 of Chapter 3 of the Fair Work Act; other Commonwealth laws (including the Constitution); and at common law. 94.2 Termination of, or a decision to terminate employment, cannot be reviewed under the dispute avoidance and settlement procedures addressed in clause 91 of this Agreement. 55

Appendix 1 - Pay rates Classification Structure DHA level Pay point Equivalent APS level Salary from the later of the Commencement date of this Agreement or 1 July 2012 Salary from 1 July 2013 DHA Trainee Broadband 1 DHA Level 2 DHA Level 3 DHA Level 4 Broadband 2 DHA Level 5 DHA Level 6 Executive Level Executive Level 1 Executive Level 2 Minimum Trainee APS $41,511 $42,964 Maximum (Technical) $47,275 $48,930 Minimum $47,598 $49,264 APS2 Maximum $53,368 $55,236 Minimum $53,609 $55,485 APS3 Maximum $59,401 $61,480 Minimum $59,234 $61,307 APS4 Maximum $66,190 $68,507 Minimum $66,734 $69,070 APS5 Maximum $72,838 $75,387 Minimum $73,669 $76,247 APS6 Maximum $84,703 $87,668 Minimum $89,440 $92,570 EL1 Maximum $109,154 $112,974 Minimum $106,288 $110,008 EL2 Maximum $136,377 $141,150 56

Appendix 2 - Definitions Term APS Base annual salary School aged child Disability Support Pension DHA Employee Fair Work Act Fair Work Australia Fair Work Regulations Home Household member Immediate family Medical certificate Non-ongoing (temporary) APS employee Definition Australian Public Service. Refers to an employee s annual salary less any allowances and/or higher duties payments. School age, for a child means the age at which a child is required by the law of a State or Territory in which the child lives to start attending school. The Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme. Defence Housing Australia. Means a person employed and paid by DHA and who is covered by this Agreement. The Fair Work Act 2009 (Commonwealth) as amended or replaced. Fair Work Australia as established under the Fair Work Act. Fair Work Regulations as established under the Fair Work Act. The place that the employee normally resides and travels to and from in order to meet employment obligations. A group of two or more related or unrelated people who usually reside in the same dwelling, who regard themselves as a household and who make common provision for food or other essentials for living. Means a spouse (includes a former spouse), de facto partner, child, foster child, parent, grandparent, grandchild or sibling of the employee; or Means a child, foster child, parent, grandparent, grandchild or sibling of a spouse (includes a former spouse) or de facto partner of the employee; and (c) Includes a member of the employee s cultural kinship group or extended family where the employee is able to establish that the person has a similar relationship to that of a parent, grandparent, child, grandchild or sibling. Means a certificate signed by a registered health practitioner. An employee who is a non-ongoing employee as defined by the Public Service Act. 57

Ongoing APS employee De facto partner Public Service Act Registered health practitioner Retrenchment SCG SES An employee who is an ongoing employee as defined by the Public Service Act. Means a person who, although not legally married to the Employee; or 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 (c) includes a former de facto partner of the employee. The Public Service Act 1999 (Commonwealth) 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 or licensing of health practitioners (or health practitioners of that type). The termination of an employee s employment under section 29 of the Public Service Act on the grounds that the employee is excess to the requirements of DHA. Staff Consultative Group as described in clause 82 of this Agreement. Senior Executive Service 58

Appendix 3 - Principles Relating to Workplace Delegates 1.1. The role of union workplace delegates and other elected union representatives is to be respected and facilitated. 1.2. DHA and union workplace delegates must deal with each other in good faith. 1.3. In discharging their representative roles at the workplace level, the rights of union workplace delegates 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 DHA that endorsed workplace delegates speak on behalf of their members in the workplace; the right to participate in collective bargaining on behalf of those whom 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 on workplace relations matters at the agency during normal working hours; the right to email employees in their workplace to provide information and seek feedback, subject to individual employees exercising a right to opt out ; undertaking their role and having union representation on the Staff Consultative Group; reasonable access to DHA facilities (including telephone, facsimile, photocopying, internet and email facilities, meeting rooms, lunch rooms, tea rooms and other areas where employees meet) for the purpose of carrying out work as a delegate and consulting with members and other interested employees and the union, subject to DHA policies and protocols; the right to address new employees about union membership at the time they enter employment; the right to consultation, and access to relevant information about the workplace and DHA; and the right to reasonable paid time to represent the interests of members to the employer and industrial tribunals. 1.4. In discharging any roles that may involve undertaking union business, the rights of union workplace delegates include but are not limited to: reasonable paid time during normal working hours to consult with other delegates and union officials in the workplace, and receive advice and assistance from union staff and officials in the workplace; 59

reasonable access to appropriate training in workplace relations matters including training provided by a union; and reasonable paid time off to represent union members in DHA at relevant union forums. 1.5. In exercising their rights, workplace delegates and unions will consider operational issues, DHA policies and guidelines and the likely affect on the efficient operation of DHA and the provision of services by the Commonwealth. 1.6. For the avoidance of doubt, elected union representatives include APS employees elected to represent union members in representative forums, including, for example, Community and Public Sector Union Section Secretaries, Governing Councillors and Section Councillors, and APESMA Government Division Committee members. 60

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