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Explanatory Notes to the ACT Public Service Administrative and Related Classifications Enterprise Agreement 2013 - 2017

PURPOSE The purpose of this document is to explain the new structure and coverage of proposed ACTPS enterprise agreement(s) and major amendments to the common terms and conditions and schedule matters contained in current ACTPS 2011-2013 enterprise agreements which are proposed for inclusion in the Administrative and Related Classifications Enterprise Agreement 2013-2017. STRUCTURE OF AGREEMENTS One of the major changes proposed to existing directorate-based enterprise agreements is the move to classification (or stream) based agreements. The proposed stream based agreements apply to groups of similar or related classifications, along the lines of the existing occupational agreements. Instead of agreements covering employees in a single directorate, the new stream based agreements cover employees having the same classification(s) across directorates. It is proposed the new agreements cover the following streams: Administrative and Related stream; Support Services stream (primarily health based support staff); Correctional Officers stream; Infrastructure Services stream (general service officers); Health and Allied Professional stream; Technical and Other Professional stream; and Legal Officer stream.

MAJOR PROPOSALS: COMMON TERMS AND CONDITIONS REMUNERATION PAY OFFER (Clause C2) The Governments pay offer covers a period of four years duration with differential pay increases being offered to staff in particular income levels in Year 1. The full offer comprises: Year 1 (2013-14): a single $2090 flat increase on base pay rates OR a 2% increase whichever is the greater; from 1 July 2013 and Year 2 (2014-15): two 1.5% increases in base pay rates payable from the first pay period on or after 1 July 2014 and 1 April 2015; and Year 3 (2015-16): two 1.5% increases in base pay rates payable from the first pay period on or after 1 October 2015 and 1 April 2016; and

Year 4 (2016-17): two 1.5% increases in base pay rates payable from the first pay period on or after 1 October 2016 and 1 April 2017.

The nominal expiry date for the replacement agreements will be 30 June 2017. ALLOWANCES (Clause C18) Under the Governments offer allowances, set out in Annex C, are to be increased in Year 1 by 2% payable from the first pay period on or after 1 July 2013; and in the subsequent years in two 1.5% instalments aligned with the general pay increases detailed above. CASUAL LOADING (Clause B9) Under the Governments offer the loading payable to casual employees on their ordinary hourly rate of pay in lieu of paid leave entitlements will increase from the current 20% to 22.5% from the commencement of the agreement until 30 June 2015, and then to 25% from 1 July 2015. LEAVE ARRANGEMENTS LEAVE FOR DOMESTIC VIOLENCE PURPOSES (Clause F22) A new leave entitlement is proposed which provides a maximum of twenty days/shifts noncumulative paid leave per calendar year to enable staff suffering from domestic violence to support them with time off work to attend counselling appointments, legal/court proceedings, police appointments and to access alternative accommodation and/or make arrangements involving children. Access to the leave is subject to the provision of appropriate evidence. The leave is not a substitute for personal leave, which will continue to be available where an employee suffers from injury or illness, or where an employee requires medical treatment as a result of domestic violence. For confidentiality and privacy reasons the leave will be recorded as where leave cannot be granted under any other purpose under the Other Leave types in Annex D of the agreement. In addition, personal leave in extraordinary and unforeseen circumstances will be able to be used by an employee to support a person who is experiencing domestic violence (Clause F5). ADOPTION OR PERMANENT CARE LEAVE (Clause F20) The new clause provides a general entitlement to a period of up to eighteen weeks non-cumulative paid leave to enable eligible primary care givers to be absent from duty upon each occasion of adoption or commencement of permanent caring responsibility until the child turns eighteen, including kinship arrangements. The entitlement excludes circumstances where the child has lived continuously with the employee for a period of six months or more at the date of placement or where the child is a child of the employees spouse or de facto partner. This entitlement was previously provided under Primary Care Giver Leave. FOSTER AND SHORT TERM CARE LEAVE (Clause F21) The new clause provides an entitlement to leave to enable eligible primary care givers to be absent from duty to care for a foster child in an emergency or other short term out of home care placement, including kinship arrangements, or to undertake accreditation towards an enduring parental authority. Eligible employees will be entitled to a period of paid leave proportionate to the

duration of the caring arrangement up to a maximum of ten working days /shifts non-cumulative paid leave per calendar year. This entitlement was previously provided under Bonding Leave. PAID MATERNITY LEAVE, PRIMARY CARE GIVER LEAVE AND ADOPTION OR PERMANENT CARE LEAVE CALCULATION (Clauses F14, F16 and F20) An amendment has been made to the way payment is calculated during paid maternity leave, primary care giver leave, and adoption or permanent care leave. To provide a common basis, payment for these leave types will now be averaged according to the employees work hours over the preceding twelve months of employment, excluding any periods of leave without pay. These changes were made to limit any advantage or disadvantage from employees varying their ordinary hours of work. The entitlement in relation to multiple births, adoptions or permanent caring arrangements has also been clarified. To avoid doubt, the new rules will only apply for staff that start their leave after the new agreement comes into force. BONDING LEAVE (Clause F18) The entitlement to bonding leave is to be increased to a maximum period of eight weeks in accordance with the National Employment Standard. The eight weeks includes the current paid component of two weeks bonding leave and five days personal leave for bonding purposes, providing for additional periods of unpaid leave. The additional leave can be taken in conjunction with the domestic partners period of paid parental leave and must be taken as a minimum period of two weeks at any time within the first twelve months following the birth, adoption or commencement of a permanent caring arrangement. DEFENCE RESERVE LEAVE (Annex D, 10) Defence service leave has been replaced with defence reserve leave to align with the Defence Reserve Service (Protection) Act 2001 and the Defence Reserves Support Council s recommended leave template. The updated provision provides a general entitlement to eligible employees to enable them to be absent from duty for a period of up to four weeks paid leave each financial year for the purpose of fulfilling service in the ADF Reserve including training and operational duty as required. The updated provision also gives employees in their first year of ADF Reserve service access to a further two weeks non-cumulative paid leave to facilitate participation in additional ADF Reserve training, including induction requirements. PAYMENT IN LIEU OF LONG SERVICE LEAVE AND ANNUAL LEAVE (Clauses F25 and F7) These clauses have been amended to enhance the ability of ACTPS staff to cash out portions of their Annual Leave and Long Service Leave to meet their work-life balance considerations. RECOVERY LEAVE FOR SENIOR OFFICER GRADES A AND B (OR EQUIVALENT) (Clause F23) The new recovery leave provision formalises and replaces the current Flexible Working Arrangements for Senior Officer Grades A and B and Equivalent Employees (provided under clause B7 of the 2011-1013 agreements). The five days, currently provided as time in lieu, will now be formalised as recovery leave with attendant application via HR21 and more stringent recording arrangements. In recognition of excessive hours performed, the new recovery leave arrangements provide a credit bank of five days non-cumulative leave on 1 April each year. The leave must be taken in whole days at an agreed time within twelve months of crediting or will lapse.

PERSONAL LEAVE ARRANGEMENTS FOR SHORT TERM TEMPORARY EMPLOYEES (Clause F4) Short term temporary employees currently accrue personal leave progressively up to a maximum of two weeks credit in their first twelve months of employment. It is proposed that short term temporary employees will accrue personal leave on a daily basis, like other ACTPS employees, from the date of implementation of daily accrual of personal leave. To remove any disadvantage that may arise from the change to daily accrual, newly engaged short term temporary employees will be credited with five days of personal leave upon commencement, instead of after four weeks continuous service. WORKPLACE VALUES & BEHAVIOURS/INTERNAL REVIEW/APPEALS (Sections H, I and J) The agreement negotiations have produced important changes to the workplace behaviour sections of the agreement. The application of the current behaviour section has been a long running point of contention between unions and management. The issues raised generally relate to the unnecessary elevation of simple matters to formal investigations, the time and approach taken in investigations and the inconsistent application of process and sanctions. The negotiated changes focus on resolving matters quickly through local intervention and through HR procedures such as counseling, without recourse to formal processes. The new provisions will be supported by the development of best practice guidance material for managers, delegates and investigators which will assist in the timely resolution of issues as they occur. ATTRACTION AND RETENTION INCENTIVE FRAMEWORK (Annex B) The Special Employment Arrangements Framework currently provided at Annex B has been retitled the Attraction and Retention Incentives (ARINs) Framework to better reflect their purpose. Additional changes to the Framework include that new and varied ARINs require a compliance check with CMTD; ARINs exceeding 50% of the base pay rate will require approval of the Head of Service; lump sum payments will be permitted as a retention tool but not directly linked to performance; ARINs will need to be formally reviewed every twelve months and will lapse after fifteen months when this does not occur; the automatic adjustment of ARINs linked to enterprise agreement pay rises will not be permitted so the ARIN will need to reflect actual market rates; and, ARINs will not automatically transfer to an employee who acts in an identified ARINs position. FLEXIBLE WORKING ARRANGEMENTS (Clauses E1 & E2) In line with amendments to the Fair Work Act 2009, the Government has supported an expansion of the circumstances under which an employee may request flexible working arrangements to include caring responsibilities for a child of school age or younger; caring responsibilities for an individual with a disability, terminal or chronic medical condition, mental illness or frail age; where the employee has a disability; is over the age of 55; is experiencing domestic violence, or is providing support and assistance to a member of their immediate family or household who is experiencing domestic violence. Additionally, the entitlement of an employee to seek flexible work arrangements to support the employees work-life balance has been clarified. CONSULTATION (G1) In line with amendment to the Fair Work Act 2009, the mandatory consultation term at G 1 has been amended to clarify the consultation requirements should a proposal be made to change an

employees ordinary working hours or regular roster. The amendment clarifies that this requirement should be read in conjunction with other consultative obligations detailed in the Agreement. OTHER TRANSFER TO A SAFE JOB DURING PREGNANCY (Clause E15) Consistent with the National Employment Standards, the agreement will provide for a pregnant employee to be transferred to an appropriate safe job with no detriment to current terms and conditions of employment where it is inadvisable for the employee to continue in her present position because of illness or risks arising out of her pregnancy. If an appropriate safe job is not available, a pregnant employee who has completed twelve months continuous service will be entitled to take paid absence from the workplace for the required period. The period of paid absence will count as service for all purposes. If the employee has not completed twelve months continuous service, the absence will be unpaid and will not count as service for any purpose, but will not break the employees continuity of service. Review of Employment Status (Clause B2) has been added to provide for a review of casual employment arrangements. Probation period (Clause B3) has been extended from three months to six months. Daylight Saving Arrangements (Clause C13) have been clarified. Personal leave for caring purposes (Sub-Clause F4.37) now requires any documentary evidence to clearly state the caring requirement. Reimbursement of Reasonable Relocation Expenses (Clause C19) has been amended to extend the possible expense repayment period from eighteen months to two years. HDA (Clause C7) requirements in relation to advertising have been clarified. Overpayment arrangements (Clause D5) related to leave without pay or leave on reduced pay with insufficient notice have been clarified.

SCHEDULE MATTERS Many employees have particular Schedule (or Part B) clauses that currently apply to them in their existing directorate enterprise agreement. These Schedule clauses and their application have been brought into the proposed stream agreement(s). However, there have been some minor changes that include as follows: schedule provisions relating to entry level programs (graduates, cadets, traineeships and apprentices) have been removed and are now provided at clause C6 of the agreement. schedule provisions relating to the payment of ADOs on termination are now provided for at clause B8.7 of the agreement. schedule provisions relating to Appointment after temporary employment have been removed and are now provided through the Public Sector Management Standards 2006. schedule provisions relating to fire related activities are now provided at clauses M1 M9 of the agreement.

Education and Training Directorate Specific Matters


Acknowledgement that both Teacher and school assistants support the educational outcome of students has been added. The provision (subclause T2.7) relating to reasonable time and facilities to assist with preparation and programming has been extended to include all school assistants, where appropriate. Clarification on the requirement to consult with employees where hours of work may be varied has been added (subclause T2.8) Clarification on the requirement for school assistants to complete absence record forms has been added (sub clause T9.3) Performance and Development Plan (PDP)requirement for temporary employees has been clarified (sub clause T15.2) Schedule provision relating to Professional Learning (Subclause T16.5) has been amended due to changes made to the organisational structure following a review of existing programs and practices for professional learning and training needs of all employees. Schedule provision relating to Appointment after long term temporary engagement has be removed and is now provided under the Public Sector Management Standards 2006. Hours of work required for temporary school assistants before receiving an increment has been further clarified (sub clause T18.1) Schedule provision relating to Extended Temporary Employment has been removed and is now a provision under the Public Sector Management Standards 2006. The School Assistant classification table (subclause T19.2) has been amended to provide a minimum classification level for each school assistant designation. A new provision (subclause T19.3) has been added to allow the creation of additional school assistant 5 and school assistant 6 classifications. A new provision (clause T20) has been added to transfer preschool assistants into the school assistant 2/3 classification level. The Education and Training Directorate agreement (clause T21) to undertake a review of the school assistant classifications has been added.

QUERIES If you have any queries relating to this document please contact your relevant HR/Corporate area.

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