ORDER

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 4 Sch. 6—Modern enterprise award

AUSTRALIAN PUBLIC SERVICE ENTERPRISE AWARD 2015
(EM2013/62)

Enterprise instrument modernisation - Australian Public Service Enterprise Award 2015.

1. Further to the decision [2015] FWCFB 616 issued by the Commission on 23 January 2015, the following modern enterprise award is made:

Australian Public Service Enterprise Award 2015.

2. The award is attached.

3. The Australian Public Service Award 1998 is terminated pursuant to item 9(2)(a) of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

4. To the extent that any of the following awards did not terminate by operation of item 9(4) of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, such award is terminated pursuant to item 9(2)(b) of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009:

(a) Anglo Australian Telescope Board (Salaries and Conditions) Award 1999 [AP767003];

(b) Australian Film Commission Award 2002 [AP813388];

(c) Australian Fisheries Management Authority Award 2001 [AP812464];

(d) Australian Institute of Criminology Award 2000 [AP769149];

(e) Australian Law Reform Commission Award 2000 [AP768815];

(f) Australian Pesticides and Veterinary Medicines Authority Award 2001 [AP836915];

(g) Australian Sports Drug Agency Award 2004 [AP832710];

(h) Australian Trade Commission Award 2001 [AP806541];

(i) Community and Public Sector Union (Dairy Australia Limited) Award 1999 [AP836914];

(j) Community and Public Sector Union (Meat and Livestock Australia Limited) Award 2001 [AP808159];

(k) Film Australia Limited (Terms and Conditions of Employment) Award 2002 [AP816444]; and

(l) National Standards Commission Award 1999 [AP790744].

5. To the extent that the following award continues to cover an employee who will be covered by the Australian Public Service Award 2015, such award is varied to exclude those employees who are covered by Australian Public Service Award 2015 from coverage, pursuant to item 9(2)(b) of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009:

(a) Redundancy Provisions Australian Government Employment Award 2002 [AP817960].

BY THE COMMISSION:

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J>

Australian Public Service Enterprise Award 2015

Table of Contents

Part 1— Application and Operation of Award
1. Title and commencement  
2. The National Employment Standards and this award  
3. Coverage  
4. Award flexibility  
5. Facilitative provisions  
Part 2— Types of Employment and Classifications
6. Types of employment  
7. Classifications  
Part 3— Hours of Work  
8. Ordinary hours of work and rostering  
9. Breaks
Part 4— Wages and Allowances
10. Minimum pay rates
11. Allowances
12. Remote conditions
13. Superannuation
Part 5— Penalties and Overtime
14. Penalty rates—shiftworkers
15. Overtime
Part 6— Leave, Public Holidays and other entitlements
16. Annual leave
17. Personal/carer’s leave and compassionate leave
18. Parental leave
19. Community service leave
20. Aboriginal and Torres Strait Islander ceremonial leave
21. Public holidays
22. Additional holiday
23. Termination of employment
24. Redundancy
Part 7— Consultation and Dispute Resolution  
25. Consultation regarding major workplace change
26. Dispute resolution
Schedule A —Summary of hourly rates of pay  
Schedule B —Summary of Monetary Allowances
Schedule C —Supported Wage System  
Schedule D —National Training Wage
Schedule E —Definitions
Schedule F —Agency Specific Conditions  

Part 1—Application and Operation of Award

1. Title and commencement

1.1 This award is the Australian Public Service Enterprise Award 2015.

1.2 This award commences on 14 May 2015.

1.3 This award supersedes the Australian Public Service Award 1998. The replacement of the predecessor award by this award does not affect any right or liability that a person acquired, accrued or incurred under the predecessor award.

1.4 Schedule E—Definitions sets out definitions that apply in this award.

1.5 The monetary obligations imposed on Agency Heads by this award may be absorbed into overaward payments. Nothing in this award requires an Agency Head to maintain or increase any overaward payment.

1.6 The making of this award is not intended to result in a reduction in take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, the Fair Work Commission may make any order it considers appropriate to remedy the situation.

2. The National Employment Standards and this award

2.1 The National Employment Standards (NES) and entitlements in this award contain the minimum conditions of employment for employees covered by this award.

2.2 An Agency Head must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

2.3 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

3. Coverage

3.1 Enterprise

The enterprise to which this modern award relates is the enterprise that constitutes the Australian Public Service (APS) as provided under the Public Service Act 1999.

3.2 Employer

This enterprise award covers the Commonwealth of Australia in respect of employees employed in APS employment.

Note: section 795 of the Act provides that the Commonwealth of Australia must act only through the employee's employing authority, acting on behalf of the Commonwealth of Australia. As at the date of this award, the relevant employing authority, or authorities, of an APS employee performing duties or employed in a particular Agency are:

(a) the Public Service Minister, within the meaning of the Public Service Act 1999;

(b) the Agency Minister, within the meaning of the Public Service Act 1999;

(c) the Agency Head, within the meaning of the Public Service Act 1999; or

(d) an APS employee, within the meaning of the Public Service Act 1999, authorised by the Agency Head.

3.3 Employees

(a) This enterprise award covers APS employees in the classification listed in clauses 10.3 to 10.6 of this award, to the exclusion of any other modern award.

(b) This award does not cover employees in a classification of Senior Executive Band 1 or higher, or an equivalent classification, employed under the Public Service Act 1999.

4. Award flexibility

4.1 Notwithstanding any other provision of this award, an Agency Head and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the Agency Head and the individual employee. The terms the Agency Head and the individual employee may agree to vary the application of are those concerning:

(a) arrangements for when work is performed;(b) overtime rates;

(c) penalty rates; and

(d) allowances.

4.2 The Agency Head and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the Agency.

4.3 The agreement between the Agency Head and the individual employee must:

(a) be confined to a variation in the application of one or more of the terms listed in clause 4.1; and

(b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.

4.4 The agreement between the Agency Head and the individual employee must also:

(a) be in writing, name the parties to the agreement and be signed by the Agency Head and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;

(b) state each term of this award that the Agency Head and the individual employee have agreed to vary;

(c) detail how the application of each term has been varied by agreement between the Agency Head and the individual employee;

(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and

(e) state the date the agreement commences to operate.

4.5 The Agency Head must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

4.6 Except as provided in clause 4.4(a) the agreement must not require the approval or consent of a person other than the Agency Head and the individual employee.

4.7 An Agency Head seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the Agency Head must take measures, including translation into an appropriate language, to ensure that the employee understands the proposal.

4.8 The agreement may be terminated:

(a) by the Agency Head or the individual employee giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(b) at any time, by written agreement between the Agency Head and the individual employee.

Note: If any of the requirements of section 144(4) of the Act, which are reflected in the requirements of this clause, are not met then the agreement may be terminated by either the employee or the Agency Head, giving written notice of not more than 28 days (see section 145 of the Act).

4.9 The right to make an agreement pursuant to clause 4 is in addition to, and is not intended to otherwise affect, any provision for an agreement between an Agency Head and an individual employee contained in any other term of this award.

5. Facilitative provisions

5.1 This award contains facilitative provisions which allow agreement to be reached between an Agency Head and employees on how specific award provisions are to apply at the workplace level. The facilitative provisions are identified in clause 5.3.

5.2 The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provision should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations, nor should they result in unfairness to an employee or employees covered by this award.

5.3 The following facilitative provisions can be utilised upon agreement between the Agency Head and the majority of employees affected in the workplace, provided that the agreement complies with clause 5.4(a):

Clause number	Subject matter
8.2(c)(ii)	Variation to the span of ordinary hours
8.3(d)	12 hour shifts
14.6	Averaging shift penalties
Schedule E	Variation of meal breaks

5.4 The following conditions apply to the use of facilitative provisions:

(a) if one or more affected employees is a member of a relevant union, the employee may be represented by the union in meeting and conferring with the Agency Head about the implementation of the facilitative provisions. The union must be given a reasonable opportunity to participate in the negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements;

(b) where the Agency Head proposes to use the facilitative provision in clause 8.3(d), the Agency Head must inform the relevant union(s);

(c) any agreement between an Agency Head and a majority of employees must be recorded in writing.

Part 2—Types of Employment and Classifications

6. Types of employment

6.1 The Public Service Act 1999 specifies the basis of engagement for an employee covered by this award.

6.2 Employees can be employed on either a full-time, part-time or irregular and intermittent basis.

6.3 Full-time employment

A full-time employee is an employee who works the ordinary hours of work set out in clause 8 of this award.

6.4 Part-time employment

(a) A part-time employee is an employee who works an agreed number of regular hours that is less than the ordinary hours of work specified in clause 8 of this award.

(b) A part-time employee receives, on a pro rata basis, equivalent pay and conditions to full-time employees in the same classification. In relation to expense related allowances, the employee will receive entitlements specified in the relevant clauses of this award.

(c) Proposals for part-time work may be initiated by the Agency Head for operational reasons or by an employee for personal reasons. An employee engaged on a full-time basis will not be converted to a part-time basis as set out in this clause without the employee’s written agreement.

(d) Before part-time duty commences, the Agency Head will issue a notice in writing to the employee which will specify:

(i) the prescribed weekly hours of duty; and

(ii) the pattern of hours to be worked including starting and finishing times for employees other than shiftworkers, on each or any day of the week, Monday to Friday, within the limits of the span of hours specified for an equivalent full-time employee.

(e) Where a full-time employee is permitted to work part-time for an agreed period for personal reasons, the notice in writing under clause 6.4(d) will provide for the hours to be varied to full-time hours on a specified date. The employee will revert to full-time hours unless a further period of part-time employment is approved.

(f) The pattern of hours specified under clause 6.4(d)(ii) will provide for no less than three hours per day (or an alternative period agreed by the Agency Head and the employee) and will be continuous on any one day.

(g) The prescribed weekly hours and the pattern of hours specified under clause 6.4(d) will not be varied, amended or revoked without the consent of the employee. Any agreed variation to the regular pattern of hours will be recorded in writing.

(h) Access to part-time employment

An employee returning to duty from maternity leave will, on application by the employee, be given access to part-time employment.

6.5 Irregular or intermittent employment

(a) An irregular or intermittent employee is an employee who works on an irregular or intermittent basis.

(b) An irregular or intermittent employee will be paid the hourly pay rate for their classification in accordance with clause 10.

(c) Irregular or intermittent loading

(i) An irregular or intermittent employee will also be paid a casual loading of 25% of that rate in lieu of paid leave entitlements (other than long service leave), notice of termination of employment and redundancy benefits, Public Holidays and the holiday described in clause 22.

(ii) The casual loading is not paid for overtime.

(d) The following provisions of this award do not apply to irregular or intermittent employees:

(i) clause 16—Annual leave;

(ii) clause 21—Public Holidays;

(iii) clause 22 —Additional Holiday;

(iv) clause 23—Termination of employment; and

(v) clause 24—Redundancy.

7. Classifications

7.1 Appropriate classification

For the classification structures contained in clause 10 (Minimum pay rates), assessment of the appropriate structures and levels will be consistent with the relevant Work Level Standards (WLS). The WLS will be applied in accordance with APS classification arrangements (refer section 23 of the Public Service Act 1999). Any proposed variation to the WLS will be the subject of consultation in accordance with clause 25.

Part 3—Hours of Work

8. Ordinary hours of work and rostering

8.1 Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.

8.2 Ordinary hours of work—day workers

(a) Definition

A day worker is a worker who is not defined as a shiftworker.

(b) Hours

(i) The ordinary hours of work for a full-time employee will be 36.75 hours per week.

(ii) The ordinary hours of work in clause 8.2(b)(i) may be averaged over a period of up to 28 days or the employee's roster cycle (whichever is longer), arranged according to the requirements of the particular agency or department.

(c) Span of hours

(i) Subject to clause 8.2(c)(ii), the ordinary hours of work may be worked between the hours of 8.00 am and 6.00 pm, Monday to Friday.

(ii) Commencing and finishing times may be varied within the limits of 6.00 am and 6.00 pm Monday to Friday, subject to a 10 hour span for individual employees and a 12 hour span for individual workplaces, by agreement between the Agency Head and the majority of employees concerned, subject to clause 5 (Facilitative provisions).

(d) No employee will be required to work more than 10 ordinary hours on any one day.

(e) Ordinary hours must be worked continuously, except for meal breaks.

(f) Where an employee is entitled to a rostered day off, a supervisor and the employee may agree to alternative rostered day(s) off (including taking the time off as part days).

(g) Flextime

Flextime is a system which allows an employee to set a pattern of attendance at work. Flextime systems will operate consistent with the provisions of clauses 8.2(c)(i) and 8.2(c)(ii).

(i) Flextime will operate in APS agencies unless the Agency Head considers it necessary, because of essential work requirements, for an employee or group of employees in a workplace to revert to the hours of standard day for a period.

(ii) The times of commencement and cessation of duty, including meal breaks, will be subject to agreement between the Agency Head and the employee. An employee’s attendance outside the hours of a standard day but within the span of hours will be subject to the availability of work and the approval of the Agency Head.

(iii) Flextime will not apply to employees who are:

● entitled to a rostered day off in a regular cycle;
● removed from flextime for a specified period because that employee has failed to comply with the provisions of flextime; or
● in a classification where the rate for the classification is above the salary barrier, unless they work flextime by arrangement with their Agency Head.

(iv) Flextime definitions:

● Standard day, for the purposes of flextime, is 7 hours and 21 minutes per day;
● Settlement period means the ordinary working days over which calculations are made to determine flex credit or flex debit carry over;
● Flex credit means the accumulated amount of time worked by an employee in excess of the standard days in the settlement period, including any carry over, but does not include time worked as overtime; and
● Flex debit means the difference between the sum of the standard days in a settlement period and the aggregate amount of time worked by an employee where the total time worked is less than the sum of the standard days in the settlement period after any necessary adjustment has been made for any absence on approved leave and includes any carry over.

8.3 Ordinary hours of work—shiftwork

(a) Definition

Shiftworker is defined in Schedule E—Definitions of this award.

(b) Hours
(i) The ordinary hours of work for shiftworkers will not exceed 38 hours per week or an average of 38 hours per week, averaged over a period of up to 28 days, or the employee's roster cycle (whichever is longer). The ordinary hours must be worked continuously except for meal breaks.

(ii) Except at regular changeover of shifts, an employee must not be required to work more than one shift in each 24 hours.

(c) Rosters

(i) Shift rosters must specify the commencing and finishing times of ordinary working hours of the respective shifts.

(ii) Shiftworkers can exchange shifts or rostered days off by mutual agreement, with the consent of the Agency Head, and provided that the arrangement does not give any employee an entitlement to an overtime payment.

(d) 12 hour shifts

Subject to the provisions of clause 5 (Facilitative provisions), agencies may introduce 12 hour shifts, provided written agreement of a majority of affected employees is obtained.

(e) Change of shift

(i) Subject to the provisions of clause 25.3, changes to rostered hours of duty can be by mutual consent at any time or by amendment of the roster on seven days’ notice.

(ii) In the absence of consent or seven days’ notice, employees will be paid the appropriate overtime penalty rates for work outside the previously rostered hours of duty. Payment of penalty rates on this basis will be continued for each changed shift until employees have received seven days’ notice of shift change.

(iii) The penalty rates in clause 8.3(e)(ii) are not payable where an agency is unable to give seven days’ notice because of the sickness or unanticipated absence of another employee.

8.4 Make-up time

An employee may elect, with the consent of the Agency Head, to work make-up time where the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award.

9. Breaks

Meal breaks

An employee must not be required to work for more than five hours without a break for a meal.

Part 4—Wages and Allowances

10. Minimum pay rates

10.1 Employees performing work within the classifications listed in clause 10 will be paid not less than the hourly rate applicable to the employee's classification.

10.2 The minimum annual salary for a classification is calculated by reference to the following formula:

Annual Salary = Minimum Hourly Pay Rate x 73.50 x (313/12)

10.3 APS classifications

The minimum hourly pay rate for an adult employee performing work in the following classifications, other than an employee performing work covered by clauses 10.4, 10.5 and 10.6, is set out in the following table.

Classification Level	Minimum Annual Pay Rate (36.75 hour/week) $	Minimum Hourly Pay Rate $
APS level 1	36,847	19.22
APS level 2	39,934	20.83
APS level 3	43,346	22.61
APS level 4	46,049	24.02
APS level 5	49,788	25.97
APS level 6	52,529	27.40
Executive level 1	59,546	31.06
Executive level 2	64,588	33.69
MEDICAL OFFICERS
Medical Officer class 1	56,440	29.44
Medical Officer class 2	73,944	38.57
Medical Officer class 3	78,660	41.03
Medical Officer class 4	85,044	44.36
TRAINEES
Cadet APS (practical training)	36,847	19.22
Trainee APS (Technical)	38,649	20.16
Graduate APS	39,320	20.51

10.4 Agency specific classifications

The minimum hourly pay rates for an employee performing work in the following classifications are set out in the following table:

Classification Level	Minimum Annual Pay Rate (36.75 hour/week) $	Minimum Hourly Pay Rate $
Customs Trainee	36,847	19.22
Customs Trainee Graduate	39,320	20.51
Customs level 1	43,346	22.61
Customs level 2	46,049	24.02
Customs level 3	52,529	27.40
Customs level 4	59,546	31.06
Customs level 5	64,588	33.69
Examiner of Patents	43,921	22.91
Antarctic Medical Practitioner level 1	67,809	35.37
Antarctic Medical Practitioner level 2	78,698	41.05
Valuer-in-training	35,754	18.65
Valuer	40,931	21.35
APS Meat Inspector 1	43,346	22.61
APS Meat Inspector 2	46,049	24.02
APS Meat Inspector 3	49,788	25.97
APS Meat Inspector 4	52,529	27.40

10.5 Juniors

(a) Employees who are younger than 21 years of age and who are employed in the classifications of:

(i) APS level 1;

(ii) Cadet APS—practical training;

(iii) Trainee APS (Technical); and

(iv) Valuer-In-Training;

(b) will be entitled to a percentage of the applicable adult minimum hourly pay rate for the classification as follows:

Under 18 years	60%
At 18 years	70%
At 19 years	81%
At 20 years	91%

10.6 Trainees

Cadets—Full-time study rates

(a) A Cadet APS during periods of full-time study will be paid no less than 57% of the minimum hourly pay rate (including junior rates where applicable) that would be payable to the Cadet if he/she was performing practical training.

Apprentices

(b) Apprentices (other than adult apprentices) who commenced their apprenticeships before 1 January 2014 will be paid a percentage of the standard rate as follows:

Length of service as an apprentice	% of APS level 2 rate
1st year of service	48%
2nd year of service	55%
3rd year of service	75%
4th year of service	88%

(c) Apprentices (other than adult apprentices) who commenced their apprenticeships after 1 January 2014 will be paid a percentage of the standard rate as follows:

Length of service as an apprentice	% of APS level 2 rate
	Completed Year 12	Not completed Year 12
1st year of service	53%	50%
2nd year of service	60%	60%
3rd year of service	75%	75%
4th year of service	92%	88%

(d) Apprentices (other than adult apprentices) who commenced their apprenticeships on or after 1 January 2015 will be paid a percentage of the standard rate as follows:

Length of service as an apprentice	% of APS level 2 rate
	Completed Year 12	Not completed Year 12
1st year of service	55%	50%
2nd year of service	65%	60%
3rd year of service	75%	75%
4th year of service	92%	88%

(e) Adult apprentices who commenced their apprenticeships on or after 1 January 2014 will be paid a percentage of the standard rate as follows:

Length of service as an apprentice	% of APS level 2 rate
1st year of service	80%
2nd year of service	86%
3rd year of service	88%
4th year of service	92%

(f) A person employed under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement. For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 10.3 or 10.4 (as applicable) in which the adult apprentice was engaged immediately prior to entering into the training agreement.

(g) Apprentices undertaking trade training consistent with their apprenticeship training requirements or indentures will do so without loss of pay. All fees paid by apprentices will be reimbursed, subject to satisfactory progress.

10.7 Payment

Unless otherwise agreed between the Agency Head and the majority of employees in an Agency, employees will be paid fortnightly.

10.8 Higher duties

(a) Where an employee has been directed to temporarily perform duties at a higher classification level the following provisions apply:

(i) Higher duties allowance

An employee directed to perform all or part of the duties of a higher classification will be paid an allowance equal to the difference between the employee’s own hourly pay rate and the hourly pay rate the employee would receive if promoted to the higher classification or an alternative amount determined by the Agency Head where partial performance is directed. When calculating an employee's ordinary hourly rate, higher duties allowance (if payable) will be included.

(ii) Minimum period

An employee who is directed to perform continuous higher duties for at least a half day will be regarded as being on higher duties for that full day. The performance of higher duties for less than half a day will be disregarded for all purposes.

(iii) Salary barrier

An employee who performs higher duties at a classification above the salary barrier, for a period of less than one week, will not be paid an allowance, and that period will not count as service at the higher classification unless the Agency Head considers special circumstances exist which justify payment of the allowance.

(iv) Higher duties allowance on leave

Where an employee is absent on paid leave or observes a Public Holiday, or a holiday under clause 22, and has been directed to perform duties at a higher classification, payment of a higher duties allowance will continue during the absence as if the employee was at work, to the extent of the continued operation of the direction. If the period of paid leave is on less than full pay, the payment of the higher duties allowance is adjusted accordingly.
Where an employee has performed higher duties in a remote district specified in clause 12 for at least 12 months in the preceding two years and is in receipt of higher duties when commencing a period of annual leave and is not returning to the remote district, the payment of a higher duties allowance will continue during the period of annual leave as if the employee was at work.

10.9 Supported salary payments for employees with a disability

See Schedule C.

10.10 National Training Wage

See Schedule D.

Classification	NTW Skill Level
Trainee APS (Administrative)	Skill Level A

10.11 Right to make deductions for accommodation

Where an employee resides in a building owned or leased by the Commonwealth, and has an incidental obligation of supervision or general control over personnel or property, the Agency Head may direct that rent be charged and be deducted fortnightly from the employee’s salary. The amount of rent charged annually must be a fair and reasonable sum and must not exceed 10% of the annual salary rate for the employee’s classification.

11. Allowances

11.1 Eligibility for allowances

Allowances set out in clause 11 will apply to all eligible employees, unless otherwise specified. To obtain a weekly rate for an allowance that is calculated by multiplying the standard rate by a percentage, first multiply the standard rate by ordinary weekly hours.

11.2 Allowance rates

Employers must pay to an employee such allowances as the employee is entitled to under this clause. See Schedule B for a summary of monetary allowances.

11.3 Application of allowances

Unless otherwise specified in this clause 11, allowances:

(a) in clauses 11.13, 11.14, 11.15, 11.17, 11.18 and 11.21(a), will be included when calculating an employee's ordinary hourly rate; and

(b) other than those specified in 11.3(a), are not included in an employee’s ordinary hourly rate (and therefore do not affect the calculation of penalties or overtime rates); and

(c) other than the allowances in clauses 11.19 to 11.23 are cumulative (that is, an employee can be paid more than one allowance);

(d) prescribed in clauses 11.19 to 11.23 only apply to eligible employees at the APS 3 level and below unless otherwise stated. Subject to clauses 11.3(e), 11.3(f) and 11.3(g), allowances prescribed in clauses 11.19 to 11.23 will be paid to employees required to perform the functions specified while they are subject to the specified disabilities;

(e) prescribed in clauses 11.19 to 11.23 are not cumulative where the rates provide payments for disabilities of substantially the same nature, where only the highest of such rates will be payable;

(f) prescribed in clauses 11.19 to 11.23 will not be payable during holidays, annual leave, sick leave or any other approved leave; and

(g) prescribed in clauses 11.19 to 11.23 will be paid irrespective of the times at which the work is performed, and will not be subject to any premium or penalty additions.

11.4 Cadet books and equipment

An employee who is employed as a cadet under this award will be reimbursed (on production of receipts) all compulsory fees and reasonable expenses incurred for books and equipment.

11.5 Removal expenses

(a) An eligible employee is entitled to be paid:

(i) the cost of transport of the employee, dependants and partner by the most economical means. Where this is by private motor vehicle, the employee will be entitled to payment under clause 11.7—Vehicle allowance;

(ii) the reimbursement of reasonable incurred costs of the removal of furniture and household effects of the employee, dependants and partner;

(iii) the reimbursement of the cost of the insurance premium based on a reasonable replacement value for the furniture and household effects; and

(iv) the reasonably incurred expenses in kennelling and transporting a pet or pets, to a maximum of $196.56.

(b) Definitions

For the purposes of this clause, an eligible employee means an employee relocated from one locality to another:

(i) where the move is determined to be in the interest of the APS or on promotion;

(ii) on account of an illness which justifies the relocation;

(iii) where the employee relocates to a locality that attracts district allowance under clause 12;

(iv) after an employee has been stationed at a locality that attracts district allowance under clause 12 for a period of not less than three years;

(v) under the Act upon reassignment of duties under section 15 (Breaches of the Code of Conduct) of the Public Service Act 1999;

(vi) under the Act in the case of an excess employee, on relocation at the same or at a lower classification;

(vii) for a period of not less than 13 weeks as a result of a temporary assignment of duties at a higher classification; or

(viii) as a result of engagement in the APS or engagement in an agency for a specified term or a specified task, and reimbursement for the cost of transport and removal is approved by the Agency Head.

11.6 Disturbance allowance

(a) Where the household effects of an eligible employee under clauses 11.5(b)(i) to 11.5(b)(vi) are removed from one locality to another as a consequence of the employee's relocation for a period of 12 months or more, the employee will also be entitled to:

(i) the payment of a single payment of disturbance allowance to offset non-reimbursed costs associated with the removal:

Disturbance allowance	$
Employee without dependants or partner	547.71
Employee with one or more dependants or a partner	1,147.20
Additional payment for each full-time student(s) dependent child(ren)	217.47

(ii) reimbursement of reasonably incurred costs associated with the connection or reconnection of a telephone service at the new locality if the employee had a telephone service at the previous locality; and

(iii) reimbursement of expenses incurred in respect of one motor vehicle owned by the employee for stamp duty on registration, establishment fee for the transfer of the employee’s driving licence, and establishment fee for the transfer of the vehicle’s registration.

(a) Where an Agency Head requires an employee to use their own vehicle in or in connection with the performance of their duties, the employee will be paid an allowance for each kilometre of authorised travel as stated in Schedule 1 to the Income Tax Assessment Regulations 1997 as varied from time to time.

(b) The payment of vehicle allowance to an employee based at home will be calculated from the employee’s office based site.

(c) Carriage of goods or passengers

Where an employee is authorised to use a private motor vehicle for the transport or haulage of goods or materials weighing 100 kilograms or more and/or the conveyance of passengers, the costs of which would otherwise be met by the Agency Head, the employee will be paid an additional allowance of $0.0098 per kilometre.

11.8 Travelling allowance

(a) Requirement to travel

Where the Agency Head requires an employee in the course of duties to be absent overnight or for part of the day, the employee will be paid an allowance to cover reasonable travelling, accommodation, meal and other incidental expenses. Where practicable, the allowance will be paid in advance of undertaking the travel. The applicable allowance rate will be that determined by the Australian Taxation Office as a reasonable amount for the locality visited. This clause does not apply if the expenses are paid for by the employer.

(b) Permanent relocation

Clause 11.8(a) applies where the employee is travelling in anticipation of permanent relocation to that locality, and has been advised in writing that this is to be made permanent, but not during employment at that place of work.

(c) Rates of travelling allowance—more than 21 days

After an employee has resided in the one locality for a period of 21 days, the employee will be reimbursed an allowance equal to the amount expended on accommodation, meals and incidentals, or an amount considered reasonable in the circumstances.

(d) Reunion visits

Where an employee:

(i) is required to be absent from the employee’s home locality to perform duties for a fixed period, that the Agency Head has certified in writing are critical to the operating efficiency of the agency; and

(ii) has dependants and/or a partner residing at the former home locality who have not accompanied the employee,

the employee will be entitled to reimbursement for the cost of travel for the purpose of reunion with the dependants and/or the partner. The employee may elect to be reimbursed an amount equal to six reunion visits by economy class return travel by air in any one year commencing on the day that the employee commenced the term transfer. An unused yearly reunion visit entitlement will lapse two years after it has become available.

(e) The Agency Head may authorise:
(i) a reunion visit to a place other than the former home locality, provided the employee pays for any difference in fare;

(ii) payment of motor vehicle allowance (at the rate prescribed in clause 11.7), in lieu of an airfare where travel is by private motor vehicle, with entitlement to payment of the lesser of the reimbursement of costs reasonably incurred, or the amount the employee would have been reimbursed for travel by air.

11.9 Excess travel time

(a) Where an employee is directed to work temporarily at a location other than their normal place of employment, and as a result spends more time travelling to their temporary place of work than they spent travelling to their usual place of work, they will be entitled to the payment for the excess travel time or time off in lieu during normal hours of duty for that time subject to:

(i) the employee’s salary not exceeding the rate for an APS Level 4;

(ii) the additional travel time being at least 30 minutes in travel per day, or two and one half hours in any fortnight; and

(iii) the payment not exceeding five hours in any one day.

(b) The rate of payment will be single time on Mondays to Saturdays and time and a half on Sundays and Public Holidays.

(c) Payment of salary will include any higher duties allowance.

(d) Where an employee’s normal place of work is variable within a specified district, the Agency Head will determine the usual place of work. In this case a minimum of 20 minutes travelling time each way will apply where an employee is directed to work at another location before an employee is entitled to payment for the excess travel time.

(e) Excess fares

An employee working temporarily at a location other than their normal place of employment, and who as a result incurs costs greater than the cost of travelling to and from their usual place of work, will be entitled to the reimbursement of excess fares as long as they are not in receipt of travelling allowance or have been notified in writing that they will be permanently relocated to that place of work. The payment of excess fares to an employee based at home will be calculated from the employee’s office based site.

11.10 Camping allowance

(a) An employee, with the exception of employees on duty on the Antarctic Continent, Macquarie Island or Heard Island, required to camp out or be employed in a camping party is entitled to be paid the applicable rate of camping allowance.

(b) An employee who camps out for more than one night (other than in a base camp established by the Agency, a caravan or in a hut) and who is required to move camp from place to place is entitled to an additional allowance for each of those nights.

(c) Where an employee camps out for more than seven days, an additional allowance in respect of the total period is payable.

(d) Rates of pay

	$
Camping allowance—where a cook is provided by the agency	33.52	per day
Camping allowance—where a cook is not provided by the agency	55.72	per day
Additional allowance—2 to 5 consecutive nights	10.64	per night
Additional allowance—6 or more consecutive nights	21.31	per night
Camping outlay allowance—between 7 and 13 days	63.26	per trip
Camping outlay allowance—between 14 and 20 days	126.53	per trip
Camping outlay allowance—more than 21 days	189.79	per trip

11.11 Isolated allowance

(a) An allowance is payable to employees to provide assistance to undertake additional commuting as a result of their place of work being located outside of an urban area.

(b) Employees will not be eligible for the allowance payment when:

(i) an employee travels to and from an isolated establishment at the expense of the Commonwealth;

(ii) an employee resides in a dwelling owned or leased by the Commonwealth where the dwelling is situated at or in very close proximity to the isolated establishment; or

(iii) an employee receives any payment of motor vehicle allowance or excess fares under the provisions of this Award.

(c) Where an employee travels to a non-urban work location in order to attend for ordinary work, or in respect of a period of extra duty where the employee has been directed to return to that location, the employee will be entitled to be paid a rate of allowance calculated using the following formula:
Formula: Distance (kms) x Rate (44 cents per km) x 2

where: Distance is the shortest distance by road between the non-urban work location and the nearest urban boundary, except where the distance is less than 5 kilometres, in which case the distance will be deemed to be 3.5 kilometres. The payment of Isolated Allowance to an employee based at home will be calculated from the employee’s office based site.

(d) The following definitions apply for the purposes of this clause:

(i) Urban boundary means the boundary of an urban area as defined by the Australian Bureau of Statistics in the Australian Standard Geographical Classification (ASGC) Section of State (SOS) Structure from time to time.

(ii) Non urban work location means a work location within a “bounded locality” or “rural balance” as classified by the Australian Bureau of Statistics in the Australian Standard Geographical Classification (ASGC) Section of State (SOS) Structure from time to time.

(e) Travel to airport in urban location

An employee who travels to an airport in an urban work location to perform:

(i) duty as ordinary time or overtime which commences or ceases between 7.00 pm and 7.00 am; or

(ii) overtime where the employee has been recalled after leaving the airport at the conclusion of their ordinary hours;

will be entitled to an allowance of $6.59 in respect of each continuous period of duty.

11.12 Meal allowance

(a) An employee who is entitled to receive overtime payments and who works overtime after the end of ordinary work for the day, to the completion of or beyond a meal period, without a break for a meal, will be paid a meal allowance at the applicable rate set by the applicable determination made by the Australian Taxation Office as being the reasonable amount for meal allowance expenses, in addition to any overtime.

(b) A meal allowance is also payable to an employee who:

(i) is required, after the completion of the employee’s ordinary hours of work for the day, to perform duty after a break for a meal which occurs after that completion and is not entitled to payment for that break;

(ii) is required to perform duty before the commencement of ordinary hours of work, who breaks for a meal and is not entitled to payment for that break; or

(iii) is required to perform work on a Saturday, Sunday or Public Holiday, in addition to the employee’s normal weekly hours of work, extending beyond a meal break and is not entitled to payment for that meal break.

(a) Tool allowances only apply to eligible employees at the APS 3 level and below. Where the Agency Head does not provide all tools necessary for the performance of an employee’s duties, employees (including apprentices) performing trade work will be paid a weekly allowance.

(b) The allowance will be paid for all purposes of this award. An electrical or metals apprentice will be eligible for a percentage of the allowance based on the percentages contained in clause 10.6(b) to 10.6(e) (Apprentices).

(c) Rates of pay

Description	Weekly allowance
Tool allowance—Metal trades	$11.05
Tool allowance—Carpentry	$20.53
Tool allowance—Plumber	$20.53
Tool allowance—Painter	$5.02
Tool allowance—Signwriter	$5.02
Tool allowance—Bricklayer	$14.75
Tool allowance—Plasterer	$16.94
Tool allowance—Carpenter & joiner stockwork	$5.39
Tool allowance—Electrical	$11.04

11.14 First aid allowance

An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications, such as a certificate from St John Ambulance or a similar body, must be paid an allowance of $10.69 per week if appointed by the Agency Head to perform first aid duties.

11.15 Community language allowance

Criteria

(a) Where, in providing client or staff services, the Agency Head determines there is a continuing need to utilise an employee’s particular language skills for communication (in languages other than English including deaf communication skills) and the employee’s language competence is of a standard set out in the table below, an allowance is payable in accordance with the rate adjacent to that standard.

Standard	Level of competence	Allowance
CLA Rate 1	An employee who has adequate language skills, as determined by an individual or body approved by the Agency Head, for simple communication.	$18.28 per week
CLA Rate 2	An employee who: ● is certified by the National Accreditation Authority for Translators and Interpreters (NAATI) as a Translator or Interpreter at any level; or ● is assessed to be at the equivalent levels by an individual or body approved by the Agency Head.	$36.57 per week

11.16 Plumber’s licence

(a) This allowance only applies to eligible employees at the APS 3 level and below.

(b) Employees performing trade functions, who may be required by the agency to act on their licence(s) during the course of their employment, will be paid an allowance of $0.03 for every hour they are liable to be called upon to act on the licence(s), whether they have acted on such licence(s) or not.

(c) For the purpose of clause 11.16, act on their licence means the signing of notices and the assuming of responsibility to relevant Authorities.

11.17 Plumber’s registration

(a) This allowance only applies to eligible employees at the APS 3 level and below.

(b) Employees performing trade functions who are registered with the appropriate State/Territory authority will be paid a weekly allowance of $31.27.

(a) This allowance only applies to eligible employees at the APS 3 Level and below.

(b) Employees who are recognised electrical tradespersons and are required to carry out work for which a licence is necessary, and who hold licences issued by the appropriate authority to perform every class of electrical wiring work will be paid a weekly allowance of $22.88.

11.19 Employees required to work at heights

(a) Steel frame structures etc

Employees engaged in the construction, erection, repair and/or maintenance, as the case may be, of steel frame buildings, bridges, gasometers and similar structures, other than in the circumstances specified in clause 11.19(c), at a height in each case of 15 metres or more directly above the nearest horizontal plane, will, whilst so engaged, be paid an hourly allowance of $0.35.

(b) Painting tradesperson

A painting tradesperson working on any structure at a height of more than nine metres, where an adequate fixed support not less than 0.75 metres wide is not provided, will, whilst so engaged, be paid an hourly allowance of $0.60. This allowance will not apply to an employee working on a bosun’s chair or swinging stage.

(c) Chimney, radio/television mast etc

An employee working on a chimney stack, spire tower, radio or television mast or tower, air shaft, cooling tower, water tower or silo, where the construction exceeds 15 metres in height will, whilst so engaged, be paid an hourly allowance of $0.69. For each additional 15 metres in height, the rate is to be increased by an hourly allowance of $0.70.

(d) Roof repairs

Employees engaged on repairs to roofs will, whilst so engaged, be paid an hourly allowance of $0.80.

11.20 Employees performing spray painting functions

(a) Spray painting—trade

An employee performing trade level painting functions engaged on all spray painting carried out in other than a properly constructed booth will, whilst so engaged, be paid an hourly allowance of $0.70.

(b) Spray painting—stores

An employee performing stores duties who is engaged on spray painting duties, will whilst so engaged, be paid an hourly allowance of $0.40.

11.21 Plumbing tradespeople—disability and related allowances:

(a) Plumbing disabilities

Employees (including apprentices) performing trade functions, will be paid a weekly allowance of $23.11 which will count as salary for all purposes of this award. This allowance is in compensation for:

(i) work requiring a swing scaffold, swing seat or rope, or on a ladder exceeding 8 metres in height;

(ii) cleaning stoppages in soil or waste pipes, or sewer drain pipes; also repairing and putting same in proper order;

(iii) work in any confined space;

(iv) work in wet places;

(v) dirty or offensive work.

(b) Other allowances to plumbers

Employees performing plumbing trade functions or apprentices to that trade are eligible for the following disability allowances:

(i) height—clause 11.19;

(ii) lead burning—clause 11.21(c);

(iii) chokage—clause 11.21(d);

(iv) asbestos eradication—clause 11.22;

(v) cold work— clause 11.23(b);

(vi) hot work—clause 11.23(e);

(vii) insulating materials—clause 11.23(g);

(viii) explosive powered tools—clause 11.23(h);

(ix) epoxy-based materials—clause 11.23(i);

(x) hot bitumen—clause 11.23(k);

(xi) asbestos handling—clause 11.23(l);

(c) Lead burning

Employees performing trade level plumbing functions or apprentices to that trade engaged on lead burning will, whilst so engaged, be paid an hourly allowance of $1.99.

(d) Chokage

Employees performing trade level plumbing functions or apprentices to that trade who are employed upon any chokage or oil chokage (other than domestic), and who are required to open up any soil pipe, waste pipe or drain pipe conveying offensive material, or scupper containing sewerage will, whilst so engaged, be paid a daily or part daily allowance of $7.58.

11.22 Asbestos eradication

(a) An employee, including APS level 4, APS level 5 and APS level 6 employees, engaged on asbestos eradication (as defined below) will, receive an allowance of $2.14 for each hour worked on asbestos eradication, in lieu of other disability allowances prescribed in this clause, with the exception of those prescribed by clauses 11.20(a) (spray painting (trade)), 11.21(a) (plumbing disabilities), 11.23(b) (cold work) and 11.23(j) (second-hand timber).

(b) Asbestos eradication is defined as work on or about buildings involving the removal, or supervision of the removal, or any other method of neutralisation of any materials, which consist of, or contain, asbestos.

11.23 General disability allowances

(a) Spray gangs

(i) Employees engaged in spray gangs on destruction of weed and/or vermin will, whilst so engaged, be paid a daily or part daily allowance of $4.08.

(ii) The operator of high pressure spray equipment will be paid an additional daily or part daily allowance of $5.18.

(b) Cold work

(i) Employees called on to work in places where the temperature is reduced by artificial means will be paid an hourly or part hourly allowance.

(ii) Where the temperature is:

● from +7°C to -1.9°C, $0.69;
● from -2.0°C to -18°C, $0.94;
● below -18°C, $1.57.

(iii) Where work continues for more than two hours in temperatures below 0 degrees Celsius, employees will also be entitled to twenty minutes rest after every two hours work, without deduction of pay.

(c) Confined spaces

(i) An employee who works in a confined space will be paid an hourly or part hourly allowance of $0.80.

(ii) Any person engaged inside the gas or water space of any boiler, flue or economiser in cleaning or scraping work will be paid an hourly or per hourly allowance of $1.74, in addition to the employee’s ordinary or overtime pay rate.

(iii) For the purposes of this clause 11.23(c), confined space means a compartment, space or place, the dimensions of which necessitate an employee working in a stooped or otherwise cramped position, or without proper ventilation. It may include such spaces as inside boilers, steam drums, furnaces, flues, combustion chambers, retorts, tanks, buoys or economisers.

(d) Dirty or offensive work

An employee performing work which the Agency Head agrees is of an unusually dirty or offensive nature will, whilst so engaged, be paid an hourly allowance of $0.70.

(e) Hot work

(i) Employees required to work for more than one hour in the shade in places where the temperature is raised by artificial means will, whilst so engaged, be paid an hourly allowance.

(ii) Where the temperature is:

● between 46 degrees Celsius and 54 degrees Celsius inclusive, $0.70;

● exceeding 54 degrees Celsius, $0.80;

(iii) Where work continues for more than two hours in temperatures exceeding 54 degrees Celsius, employees will also be entitled to twenty minutes rest after every two hours work, without deduction of pay.

(f) Wet work

(i) An employee working in any place where his/her clothing or boots become saturated, whether by water, oil or otherwise, will, whilst so engaged, be paid an hourly allowance of $0.70.

(ii) This extra rate will not be payable to an employee who is provided by the agency with suitable and effective protective clothing and/or footwear.

(iii) Any employee who becomes entitled to this extra rate will be paid that extra rate for such part of the day or shift as the employee is required to work in wet clothing or boots.

(g) Insulating materials

Employees handling loose slag wool, loose insulwool or other loose material of a like nature used for providing insulation against heat, cold or noise, or working in the immediate vicinity so as to be affected by the use of such materials, will, whilst so engaged, be paid an hourly allowance of $0.80.

(h) Explosive powered tools

(i) An employee, being an operator of explosive powered tools, who is required to use explosive tools, will, whilst so engaged, be paid a daily or part daily allowance of $1.54.

(ii) For the purposes of this clause, operator of explosive-powered tools means a person qualified in accordance with the laws and regulations of the respective States to operate explosive-powered tools.

(i) Epoxy-based materials

(i) Employees using epoxy-based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two-pack catalyst system will, whilst so engaged, be paid an hourly allowance of $0.80.

(ii) Employees working in proximity to employees so engaged so as to be affected by the materials specified will be paid an hourly allowance of $0.70.

(j) Second-hand timber

(i) Where, whilst working with second-hand timber, an employee’s tools are damaged by nails, dumps or other foreign matter on the timber, he/she will be entitled to a daily allowance of $2.56.

(ii) The allowance will be paid for each day upon which his/her tools are so damaged, provided that no allowance will be payable under this clause unless it is reported immediately to the Agency Head’s representative on the job in order that he/she may prove the claim.

(k) Hot bitumen

An employee handling hot bitumen or asphalt or dipping materials in creosote will, whilst so engaged, be paid an hourly allowance of $0.80.

(l) Asbestos handling

Employees required to use materials containing asbestos or to work in close proximity to employees using such materials will, where the mandatory wearing of protective equipment (i.e. combination overalls and breathing equipment or similar apparatus) is required, be paid hourly allowance of $0.80, whilst so engaged.

(m) Water dripping or underfoot

Employees working in any place where water is continually dripping on the employee so that clothing and boots become wet, or where there is water underfoot will, whilst so engaged, be paid an hourly allowance of $0.70.

(n) Offensive fumes

An employee required to work in a place where fumes of sulphur or acid or other offensive fumes are present will be paid an hourly allowance of $0.80.

(o) Plaster or composition

An employee using a plaster or composition spray, whilst so engaged, will be paid an hourly allowance of $0.70.

12. Remote conditions

12.1 Eligibility for district allowance

(a) An employee residing in a locality which falls into Grade 1, 2, 3, or 4 is entitled to be paid district allowance.

(b) To be eligible to be paid the allowance for an eligible dependant and/or an eligible partner, the dependant or partner must reside with the employee, and their income, if any, must be less than the national minimum wage per annum.

(c) An employee with a partner who is also entitled to the payment of district allowance will be regarded as an employee without dependants for the calculation of district allowance.

(d) Where an employee is entitled to the payment of district allowance on the day immediately prior to the commencement of a period of annual leave, the payment of district allowance will continue during the period of annual leave, irrespective of where the employee resides during the leave.

(e) An employee may, where the employee is in receipt of travelling allowance, be paid district allowance in addition to travelling allowance while temporarily stationed in a locality that would normally attract the payment of district allowance where the Agency Head considers this appropriate.

12.2 Determination of locality

(a) To determine whether a district allowance is payable in a particular locality (findings should be reviewed every three years), the locality must first fall into one of the following categories according to the Australian Standard Geographical Classification (ASGC) Remoteness Structure. For each category a score has been allocated:

(i) Outer regional = 2

(ii) Remote = 7

(iii) Very remote = 9

(b) The score assigned to the locality is then further weighted with an additional score based on:

(i) population (according to Australian Bureau of Statistics Census):

● score of 1 if less than 5000 people;
● score of 0 if more than 5000;

(ii) temperature (according to Bureau of Meteorology statistics) – score depending on number of months with a mean maximum monthly temperature above 30 degrees Celsius:

● score of 1—for between 6 and 9 months per year with a mean maximum monthly temperature in excess of 30 degrees Celsius;
● score of 2—for greater than 9 months per year with a mean maximum monthly temperature in excess of 30 degrees Celsius;
● if temperature is over 35 degrees Celsius, a further score is applied as follows:

- Score of 1—for between 1 and 6 months per year with a mean maximum monthly temperature over 35 degrees Celsius;

- Score of 2—for between 6 and 9 months per year with a mean maximum monthly temperature over 35 degrees Celsius;

- Score of 3—for greater than 9 months per year with a mean maximum monthly temperature over 35 degrees Celsius.

(iii) access to air services:

● rating of 0 for locations serviced by major airlines (i.e. Qantas, Virgin);
● rating of 0 for locations <50 km from a major airline location;
● rating of 1 for locations >50 km or less than 200 km from a major airline location;
● rating of 2 for locations serviced by regional airlines;
● rating of 2 for locations <50 km from a regional airline location;
● rating of 3 for locations >50 km from a regional airline location.
All scores (i.e. locality, population, temperature and access to air services) are then added to give a total score for the locality. Once the total score is established, the locality will fall into one of the four grades as below:
● Grade 1: score between 2–5 points inclusive;
● Grade 2: score between 6–9 points inclusive;
● Grade 3: score between 10–14 points inclusive;
● Grade 4: score greater than 14 points.

The annual rate at which district allowance is payable to an employee is as follows:

	With one or more eligible dependants and/or partner $	Without eligible dependants $
Grade 1	1,944.61	978.06
Grade 2	4,671.66	2,554.45
Grade 3	6,328.60	3,590.04
Grade 4	9,308.80	5,753.28

When calculating an employee's ordinary hourly rate, district allowance (if payable) will be included.

12.4 Additional leave: Additional annual leave is available to employees working in a locality where they are paid a district allowance. Employees with more than 30 calendar days, but less than a year of service, in one or more remote localities will receive a pro rata entitlement. The amount of additional annual leave accrued per year is:

● Grade 1—two days
● Grade 2—three days
● Grade 3—five days
● Grade 4—seven days

12.5 Remote localities leave fares—reimbursement

(a) An employee who is entitled to district allowance is entitled to fares assistance to travel from the locality to the nearest capital city and return to the locality from the nearest capital city for leave of absence in accordance with this clause 12.5. An employee who is entitled to leave fares under this clause is also entitled to fares assistance for eligible dependants or partner who resides with the employee, if their income (if any) is less than the national minimum wage per annum.

(b) Entitlements for leave fares

(i) An employee stationed at a locality where district allowance is payable for a fixed period not exceeding two years and three months is entitled to be reimbursed for a leave fare in respect of the first year of service.

(ii) An employee stationed at a locality where district allowance is payable for a fixed period which exceeds two years and three months is entitled to be reimbursed for a leave fare in respect of each year of service, other than the final year of service.

(iii) On completion of a fixed period during which an employee has been stationed at a locality where district allowance is payable, an employee is entitled to be reimbursed the cost of return fares reasonably incurred for travel between the locality and the former capital city of the employee, or where travel is to a destination other than the former capital city, the amount payable had the travel been from the locality to the former capital city for the employee and each eligible dependant or eligible partner.

(iv) An employee who is moved on completion of the fixed period during which an employee had stationed at a locality where district allowance is payable, to a locality other than his/her former capital city will be reimbursed the cost of return fares reasonably incurred where travel is between the former capital city of the employee and the new locality or where travel is to a destination other than the former capital city, the amount payable had the travel been from the new location to the former capital city.

(v) An employee temporarily stationed at a locality where district allowance is payable, who will continue to be stationed at the locality at the end of the leave of absence is entitled to be reimbursed for a leave fare in respect of the second year and each subsequent year of the present period of service at the locality for the employee and each eligible dependant or eligible partner.

(vi) The nearest capital city, if the employee is stationed in the Northern Territory, is Adelaide; or in any other case - the capital city of the State which is the closest in distance to the employee’s usual place of work.

(vii) The entitlement to leave fare accrues on arrival at the locality.

(c) The Agency Head may authorise
(i) a travel visit to a place other than the nearest capital city or the former locality, provided the employee pays for any difference in fare;

(ii) the payment of motor vehicle allowance in lieu of an airfare where travel is by private motor vehicle, with entitlement to payment of the lesser of the reimbursement of costs reasonably incurred, or the amount the employee would have been reimbursed for travel by air.

13.1 Superannuation legislation

(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation Benefits (Supervisory Mechanisms) Act 1990, the Superannuation (Resolution of Complaints) Act 1993 (Cth), the Superannuation Act 1976, the Superannuation (Productivity Benefit) Act 1988, the Superannuation Act 1990 and the Superannuation Act 2005 deals with the superannuation rights and obligations of employers and employees in the APS.

(b) If an employee is a member of the Commonwealth Superannuation Scheme, the Public Sector Superannuation Schemes, the Public Sector Superannuation Accumulation Plan or covered by the Superannuation (Productivity Benefit) Act 1988 their employer superannuation contributions will be in accordance with the relevant legislation relating to those arrangements.

Part 5—Penalties and Overtime

14. Penalty rates—shiftworkers

14.1 General

(a) Shift penalty payments will not be taken into account in the computation of overtime or in the calculation of any allowance based upon salary, nor will they be paid with respect to any shift for which any other form of penalty payment is made under this award.

(b) For the purposes of calculating penalty rates, an employee’s ordinary rate will be considered to include any higher duties allowance for the shift.

14.2 A shiftworker will be paid the following penalty rates for all ordinary hours worked by the shiftworker during the following periods:

Ordinary hours worked:		Penalty rate	Irregular or intermittent penalty rate
Ordinary hours—no penalty rate	See clause 8.3	Ordinary hourly rate (100%)	Ordinary hourly rate plus irregular or intermittent loading (125%)
Night	Where any part of the shift falls between 6.00 pm and 6.30 am	115%	140%
Continuous Night	Where shifts falls wholly within the period 6.00 pm and 8.00am and are worked for a period exceeding four weeks	130%	155%
Saturday	All hours	150%	175%
Sunday	All hours	200%	225%
Public Holiday or Additional Holiday	All hours	250%	275%

See Schedule A—Summary of hourly rates of pay for a summary of rates of pay including penalties.

14.3 The Saturday, Sunday, and Public Holiday or Additional Holiday penalty rates are in substitution for and not cumulative upon the Night or Continuous Night penalty rates.

14.4 Continuous night

(a) Part-time shiftworkers will be entitled to the Continuous Night penalty rate only where:

(i) the employee’s rostered ordinary duty involves working no fewer shifts each week, or no fewer shifts a week on average over the shift cycle, than an equivalent full-time employee; and

(ii) the shift worked by a part-time employee is part of a full-time shift, and the full-time shift falls wholly within the hours of 6.00 pm and 8.00 am.

14.5 Holidays

(a) Holidays are as prescribed in clauses 21 and 22. Work on 25 December, whether or not another day has been declared as a substitute holiday, except as provided for in clause 21.2, will be considered a holiday.

(b) Where, in a cycle of shifts on a regular roster, a shiftworker is required to perform rostered work on each of the days of the week, that employee will, in respect of a holiday which occurs on a day on which the employee is rostered off work, be granted, if practicable, within one month after the holiday, a day’s leave in lieu of that holiday.

(c) Where it is not practicable to grant a day off under clause 14.5(b), the employee will be paid one day’s pay at the ordinary rate.

(d) The minimum additional payment payable for ordinary duty performed on a holiday for each separate attendance will be four hours.

(e) The minimum additional payment will not apply to holiday ordinary hours of work which, disregarding meal periods, is continuous with ordinary hours of work occurring on the day before or on the day after the holiday.

(f) Work broken by a meal period will not constitute a separate attendance.

(g) Where more than one attendance is involved, the minimum overtime payment provision will not operate to increase an employee’s overtime remuneration beyond the amount which would have been received had the employee remained at work from the commencing time of work on one attendance to the ceasing time of work on a following attendance.

(h) An employee who is in a restriction situation will be entitled to a minimum payment, as specified under clauses 15.10(g) and 15.10(h).

14.6 Averaging of shift penalties

The Agency Head and affected employees may consider a proposal that shift penalties calculated under clause 14.2 be averaged over an agreed cycle.

15. Overtime

15.1 Overtime to be reasonable

An employee may be called for duty at any time required subject to the hours being considered to be reasonable in accordance with section 62 of the Act. In accordance with section 62 of the Act, an employee may refuse to work additional hours if they are unreasonable. Overtime is to be worked by prior direction or, if circumstances do not permit prior direction, subsequently approved in writing.

15.2 General provisions

(a) For the purposes of determining whether an overtime attendance is or is not continuous with ordinary duty, or is or is not separate from other duty, meal periods will be disregarded.

(b) An employee’s salary for the purpose of calculation of overtime will include any allowance which is payable during a period of annual leave.

15.3 Definition of overtime—employees other than shiftworkers

(a) Full-time employees

Work will be considered overtime for a full-time day worker, in a classification where the rate for the classification is below the salary barrier, where the employee is directed to perform work:

(i) Monday to Friday, outside the span of ordinary hours;

(ii) Monday to Friday, during the span of ordinary hours but beyond the length of time the employee is ordinarily required to work on the day concerned; or

(iii) on a Saturday, Sunday or a holiday.

(b) Part-time employee

Work will be considered overtime for a part-time day worker in a classification where the rate for the classification is below the salary barrier, where an employee is directed to perform work:

(i) which is not continuous with an employee’s ordinary hours of work as prescribed in clause 6.4(a);

(ii) on any day which is continuous with an employee’s ordinary hours of work as prescribed in clause 6.4(a), and in whole or in part, falls outside the period 6.00 pm to 8.00 am, where the employee also completes the ordinary hours of duty on that day; or

(iii) which is continuous with an employee’s ordinary hours of work, and falls wholly within the period 6.00 pm to 8.00 am and exceeds, in any one week, that employee’s prescribed weekly ordinary hours of work as prescribed in clause 6.4(a).

(c) Irregular or intermittent employees

Work will be considered overtime for an irregular or intermittent employee, in a classification where the rate for the classification is below the salary barrier, where the employee is directed to perform work:

(i) Monday to Friday, outside the span of ordinary hours;

(ii) on a Saturday, Sunday or a holiday; or

(iii) in excess of 36¾ hours in a week.

The casual loading set out in clause 6.5(c) is not paid for overtime.

15.4 Overtime rates—employees other than shiftworkers

Where an employee works overtime the employer must pay to the employee the overtime rates as follows:

For overtime worked on	Overtime time rate
Monday to Saturday—first 3 hours	150%
Monday to Saturday—after 3 hours	200%
Sunday—all day	200%
Public Holiday or Additional Holiday—all day	250%

See Schedule A—Summary of hourly rates of pay for a summary of overtime rates.

15.5 Definition of overtime—shiftworkers

(a) Shiftworkers

Work will be considered overtime for a full-time shiftworker in a classification where the rate for the classification is below the salary barrier, where:

(i) it is performed on any day which is outside the normal rostered ordinary hours of duty on that day; or

(ii) it is performed in excess of the weekly hours of ordinary duty, or an average of the weekly hours of ordinary duty over a cycle of shifts.

(b) Part-time shiftworkers

Work will be considered overtime for a part-time shiftworker in a classification where the rate for the classification is below the salary barrier, where:

(i) it is performed on any day beyond the normal rostered hours of duty on that day; and
(ii) it is performed in excess of the employee’s prescribed weekly ordinary hours of work under clause 6.4(a).

(c) Irregular or intermittent shiftworkers

Work will be considered overtime for an irregular or intermittent shiftworker, in a classification where the rate for the classification is below the salary barrier, where it is performed:

(i) on any day beyond the normal rostered hours of duty on that day; or
(ii) in excess of 38 hours in a week or an average of 38 hours per week over a cycle of shifts.

The casual loading set out in clause 6.5(c) is not paid for overtime. 

15.6 Overtime rates—shiftworkers

(a) Where an employee works overtime the employer must pay to the employee the overtime rates as follows:

For overtime worked on	Overtime time rate
Monday to Friday—first 3 hours	150%
Monday to Friday—after 3 hours	200%
Saturday and Sunday—all day	200%
Public Holiday or Additional Holiday—all day	250%

(b) Where an irregular or intermittent shiftworker employee works overtime the employer must pay to the employee the higher of:

(i) the overtime rate (see clause 15.6(a)); and
(ii) the irregular or intermittent penalty rate (see clause 14.2).

(c) The provisions of clause 15.9 (Emergency duty) will not apply to employees whose work for the day is varied by alteration of the commencement of the scheduled shift to meet an emergency.

15.7 Rest period after overtime

(a) An employee, in a classification where the rate for the classification is below the salary barrier, who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that they have not had at least eight consecutive hours (exclusive of reasonable travelling time) off duty between those times must be released after completion of such overtime until they have had such time off duty, without loss of pay for the ordinary working time involved.

(b) If such employee is required to resume or continue work without having had such time off duty, they must be paid at double rates for such period until released from duty and must then be entitled to be absent until they have had such time off duty without loss of pay for any ordinary working time involved.

(c) The provisions of 15.7(a) and 15.7(b) do not apply to overtime worked in the circumstances covered by clause 15.9—Emergency duty unless the actual time worked is at least three hours on each call.

15.8 Minimum overtime payments

(a) The following minimum overtime payments apply unless the duty is emergency duty in accordance with clause 15.9.

(b) An employee required to return to work overtime after leaving their place of work must be paid a minimum of four hours’ pay at the appropriate overtime rate for each time they are recalled.

(c) An employee who performs overtime while in a restriction situation under clause 15.10 will be entitled to a minimum overtime payment as specified in those provisions.

(d) Where more than one attendance is involved, the minimum overtime payment provision will not operate to increase an employee’s overtime remuneration beyond the amount which would have been received had the employee remained on duty from the commencing time of duty on one attendance to the ceasing time of duty on a following attendance.

(e) Where an overtime attendance, not continuous with ordinary hours of work, involves duty both before and after midnight, the minimum payment provisions of this subclause will be satisfied when the total payment for the whole of the attendance equals or exceeds the minimum payment applicable to one day. Where a higher overtime rate applies on one of the days, the minimum payment will be calculated at the higher rate.

15.9 Emergency duty

Where an employee, in a classification where the rate for the classification is below the salary barrier, is called on duty to meet an emergency at a time when the employee would not ordinarily have been on duty, and no notice of such call was given to the employee prior to ceasing ordinary hours of work, the employee will be paid for such emergency duty at the rate of double time. The time for which payment will be made will include time necessarily spent in travelling to and from duty. The minimum payment under this subclause will be two hours at double time. The provisions of this clause do not apply to shiftworkers whose duty for the day is varied by alteration of the commencement of the scheduled shift to meet an emergency.

15.10 Restriction duty

An employee may be directed to be contactable and to be available to perform extra duty outside of the employee’s ordinary hours of work, subject to payment under this clause.

(a) Payment will be subject to the following conditions:

(i) except with the approval of the Agency Head, employees ineligible for overtime payment under clause 15.12 will not be eligible to receive payment; and(ii) the restriction situation will be imposed by the prior written direction of the Agency Head, or will subsequently be approved in writing by the Agency Head where the circumstances did not permit prior direction.

(iii) the provisions of clause 15.9—Emergency duty will not apply where an employee is recalled to duty while restricted.

(b) An employee who is required to remain contactable and available to perform extra duty outside the employee’s ordinary hours of duty must, subject to clause 15.10(a) be paid an allowance:

(i) at a rate of 7.5% of the employee’s hourly rate of salary for each hour restricted Monday to Friday;

(ii) at a rate of 10% of the employee’s hourly rate of salary for each hour restricted Saturday and Sunday; and

(iii) at a rate of 15% of the employee’s hourly rate of salary for each hour restricted on holidays under clauses 21 and 22.

(c) An employee’s salary for the purpose of calculation of the allowance under clause 15.10(b) must include higher duties allowance and any other allowances in the nature of salary. An allowance in the nature of salary is any allowance which is payable during a period of annual leave.

(d) Where approval has been made for payment under clause 15.10(a)(i) to an employee in a classification where the rate for the classification is above the salary barrier, the salary will be the pay rate payable to an APS Level 6 employee.

(e) The allowance under this subclause will be payable for each hour or part hour the employee is restricted outside the employee’s ordinary hours of work.

(f) Any part of a period of restriction for which the employee receives another payment will not be included for calculating payments under clause 15.10(b).

(g) Where an employee who has been restricted is required to perform duty, but is not required to be recalled to work, overtime payment will be made, subject to a one hour minimum payment.

(h) Where an employee who has been restricted outside the employee’s ordinary hours of work is recalled to duty at a place of work, payment in accordance with the relevant overtime provisions will be made subject to a three hour minimum payment.

(i) Notwithstanding the provisions of this clause, where an employee is placed in a restriction situation outside of the employee’s ordinary hours of duty, the employee may be paid at an alternative rate having regard to the circumstances of the restriction situation.

15.11 Absence from duty instead of overtime

(a) Time off may be granted in lieu of overtime where the Agency Head and the employee agree, on an “hour for hour” basis, with an entitlement to a residual payment, or on a penalty time basis. For example, three hours’ time off plus three hours pay at half time, in lieu of three hours overtime at time and a half, or alternatively four and a half hours’ time off in lieu of pay.

(b) Where time off in lieu of a payment has been agreed, and the employee has not been granted that time off within four weeks, or another agreed period, due to operational requirements, payment of the original entitlement will be made.

(c) Where an employee performs a full day’s duty on Sunday, in addition to the employee’s prescribed ordinary hours of work for the week, the employee will, wherever practicable, be granted a day off during the following week. Where this occurs, an employee who is eligible for the payment of overtime will be paid an additional one day’s pay in lieu of the provisions of clauses 15.4 (for a day worker) or 15.6 (shiftworker).

15.12 Provisions for employees at or above Executive Level 1 rate

(a) Except at the discretion of the Agency Head, employees in a classification where the rate for the classification is the rate above the salary barrier will not be entitled to receive overtime payments.

(b) In the case of part-time employees in the category in clause 15.12(a), extra work will be paid at the employee’s normal hourly rate in respect of work performed outside the ordinary hours of work as prescribed at clause 6.4(a), subject to the total of ordinary hours of work and extra work not exceeding:

(i) on any day, a maximum of 7 hours and 21 minutes ordinary hours of work as applicable to an equivalent full-time employee; and(ii) in any week, a maximum of 36.75 ordinary hours of work and extra work as applicable to an equivalent full-time employee.

Part 6—Leave, Public Holidays and other entitlements

16. Annual leave

16.1 As provided for by the NES, an employee (other than an irregular or intermittent employee) is entitled to four weeks of paid annual leave for each year of service.

16.2 Additional leave for certain shiftworkers

(a) Shiftworkers, as defined in clause 16.2(b) will be entitled to an additional half a day paid annual leave for each Sunday rostered, up to a maximum of five days per year. A rostered overtime shift of three hours or more which commences or ceases on a Sunday will count in the calculation.

(b) For the purpose of the additional leave provided for in clause 16.2(a), an employee will be considered a shiftworker if rostered to perform ordinary duty:

(i) outside the period 6.30 am to 6.00 pm, Monday to Friday, and/or

(ii) on Saturdays, Sundays or Public Holidays,

for an ongoing or fixed period.

(c) Part-time employees will be entitled to leave under clause 16.2(a) only where the employee has a shift pattern involving the regular performance of rostered duty on Sundays and Public Holidays and involving not less than five shifts per week or an average of not less than the number of shifts per week of an equivalent full-time employee.

16.3 Closedown

Where an establishment observes a closedown at Christmas or another holiday period, the Agency Head may direct that an employee at that establishment will observe that period of closedown unless required to attend for duty. Where available annual leave is insufficient to cover the period, leave without pay to count as service for all purposes will be granted.

16.4 Payment for annual leave

(a) An employee on annual leave will, for the period of the annual leave, be paid at the employee's ordinary hourly rate.

(b) A shiftworker on approved annual leave will, for the period of the annual leave, receive shift penalty payments in relation to any shifts the employee would have worked if the employee was not on approved annual leave.

16.5 Payment of accrued annual leave on termination of employment

Where employment ceases, the employee will be entitled to payment in lieu of accrued annual leave. Payment in lieu will be calculated using the employee’s final rate of salary, including allowances that would have been included during annual leave. District allowance is only included in the calculation for leave accrued in a remote locality.

16.6 Payment of accrued annual leave on death

Where an employee dies, or the Agency Head has directed that an employee will be presumed to have died on a particular date, payment may be made to the dependants or partner or the legal personal representative of the former employee of an amount that would have been paid if the employee had otherwise ceased employment.

17. Personal/carer’s leave and compassionate leave

17.1 Personal/carer’s leave and compassionate leave are provided for in the NES. The following provisions supplement the NES entitlement.

17.2 Employees who are entitled to paid personal/carer’s leave under the NES are entitled to accrue an additional five days of personal/carer’s leave per annum treated in accordance with the provisions of the NES.

17.3 An employee may be granted personal/carer’s leave with pay subject to available credits, without production of evidence, to the extent of five days in any calendar year. No more than three consecutive days of personal/carer’s leave may be taken without production of evidence.

17.4 Where paid personal/carer’s leave credits are exhausted, an Agency Head may grant additional leave with or without pay. In exceptional circumstances and at the employee’s request, an employee may be granted leave without pay while paid personal/carer’s leave credits remain. To avoid doubt, this clause supplements the entitlement to two days unpaid carers’ leave per permissible occasion provided for by the NES.

17.5 An additional one day paid compassionate leave per occasion is provided to all employees other than irregular or intermittent employees.

17.6 One shift will be regarded as one day for the purpose of granting compassionate leave.

17.7 Paid personal/carer's leave and compassionate leave will be paid at the employee's ordinary hourly rate.

18. Parental leave

18.1 Parental leave is provided for in the NES. These provisions supplement the entitlements in the NES.

18.2 A pregnant employee who is entitled to unpaid parental leave under the NES shall be paid the salary that the employee would have been paid for their ordinary hours as if they attended work for the first 12 weeks of the birth-related leave taken in association with that pregnancy.

18.3 A pregnant employee who:

(a) is not entitled to paid leave under clause 18.2; and

(b) at the commencement of birth-related leave taken in association with that pregnancy does not have 12 months' continuous service; and

(c) attains 12 months' continuous service during the first 12 weeks of birth-related leave,

will be entitled, for the remainder of that 12 week period, to be paid for their ordinary hours as if they attended for work.

18.4 Where an employee on unpaid parental leave applies for paid leave, and is eligible for that leave, the application will be granted.

18.5 Periods of paid leave during parental leave will count as service for all purposes where an employee is eligible for that leave.

18.6 In addition to the consultation and communication obligations under the NES, the employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

18.7 Obligations under the NES in respect of employees on unpaid parental leave will apply to employees on paid maternity leave as if the employee was on unpaid parental leave.

18.8 The amount of paid leave provided to an employee under clause 18.2 will be reduced by any period of paid maternity leave that an employee is granted under the Maternity Leave (Commonwealth Employees) Act 1973.

19. Community service leave

19.1 Community service leave is provided for in the NES. These provisions supplement the entitlements in the NES.

19.2 Leave with pay may be granted to enable an employee (other than an irregular or intermittent employee) to attend court as a juror for the entirety of the employee’s jury service. Paid community service leave will be paid at the employee's ordinary hourly rate.

19.3 An employee (other than an irregular or intermittent employee) will be reimbursed reasonable expenses incurred by the employee in excess of the NES entitlement while attending court to serve as a juror.

19.4 Leave of absence granted under this clause will count as service for all purposes.

20. Aboriginal and Torres Strait Islander ceremonial leave

20.1 Aboriginal and Torres Strait Islander ceremonial leave without pay may be granted to an employee of Aboriginal or Torres Strait Islander descent for ceremonial purposes:

(a) connected with the death of a member of the immediate family or extended family; or

(b) for other ceremonial obligations under Aboriginal and Torres Strait Islander law.

20.2 An employee may be granted a maximum of 10 days of ceremonial leave in any two year period.

20.3 Aboriginal and Torres Strait Islander ceremonial leave granted is in addition to compassionate leave granted.

20.4 Aboriginal and Torres Strait Islander ceremonial leave granted does not count as service for any purpose.

21. Public holidays

21.1 Public Holidays are provided for in the NES. The following provisions supplement the NES.

21.2 Where an employee works on both Christmas Day and a substitute holiday, one day will attract payment at the Public Holiday rate and the other day will be paid at the non-holiday Saturday or Sunday rate as appropriate.

21.3 If an employee is absent from work on a day or part-day that is a public holiday, the employee will be paid at the employee's ordinary hourly rate for the employee's ordinary hours of work on that day or part-day.

21.4 Substitution of Public Holidays by agreement

(a) Where the Agency Head and the employee agree, a day or part day may be substituted for a day or part day that would otherwise be a Public Holiday under this clause.

(b) Where an employee cannot work on a day for which a substituted holiday has been granted under clause 21.4(a), the affected employee will work make-up time at times to be agreed without entitlement to overtime payment.

22. Additional holiday

22.1 An Additional Holiday within the Christmas/New Year period will apply according to the following table:

22.2 The additional holiday will be paid at the employee's ordinary hourly rate.

23. Termination of employment

23.1 Notice of termination is provided for in the NES.

23.2 Notice of termination by an employee

The notice of termination required to be given by an employee is the same as that required of an Agency Head except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the Agency Head may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause, less any period of notice actually given by the employee.

24. Redundancy

24.1 Redundancy pay is provided for in the NES. The following provisions supplement the NES.

24.2 Eligible employee

An ongoing APS employee not on probation is an eligible employee for the purposes of this clause.

24.3 Excess employee

An employee is an excess employee if:

(a) the employee is included in a class of employees employed in the agency, which class comprises a greater number of employees than is necessary for the efficient and economical working of the agency;

(b) the services of the employee cannot be effectively used because of technological or other changes in the work methods of the agency or changes in the nature, extent or organisation of the functions of the agency; or

(c) the duties usually performed by the employee are to be performed at a different locality, the employee is not willing to perform duties at the locality and the Agency Head has determined that the provisions of this clause apply to that employee.

24.4 Entitlement

(a) An excess eligible employee whose employment is terminated will be entitled to be paid redundancy pay (which includes any NES entitlement) of a sum 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, unless the NES provides a greater benefit.

(b) Note: As at the date of commencement of the award, the NES provides for an entitlement to six weeks’ redundancy pay to an employee who has completed at least two years, but less than three years continuous service with an employer.

24.5 Minimum and maximum payments:

The minimum sum payable as redundancy pay on termination will be four weeks’ salary and the maximum sum payable will be 48 weeks' salary.

24.6 Pro rata entitlement

Redundancy pay will be calculated on a pro rata basis where the employee has worked part-time hours during the period of service and the employee has less than 24 years full-time service, subject to any minimum entitlement the employee has under the NES.

24.7 Service for redundancy pay purposes

For the purpose of calculating an entitlement in accordance with clause 24.4, “service” means:

(a) service in an agency;

(b) Government service as defined in section 10 of the Long Service Leave (Commonwealth Employees) Act 1976;

(c) service with the Commonwealth (other than service with a joint Commonwealth-State body or a body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes;

(d) service with the Australian Defence Forces;

(e) service in another organisation where:

(i) an employee was moved from the APS to give effect to an administrative re-arrangement; or

(ii) an employee of that organisation is engaged as an APS employee as a result of an administrative re-arrangement and such service is recognised for long service leave purposes.

24.8 Service not to count as service for redundancy pay purposes

Any period of service which ceased by way of any of the grounds for termination specified in section 29 of the Public Service Act 1999 (including any additional grounds prescribed in the Public Service Regulations 1999); 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 benefit or similar payment or an employer-financed retirement benefit; will not count as service for redundancy pay purposes.
For the purposes of this clause, a redundancy benefit includes a payment made to an employee as redundancy pay under the NES.

24.9 Earlier periods of service

For earlier periods of service to count there must be no breaks between the periods except where the 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.

24.10 Absences during a period of service

Absences from duty which do not count as service for long service leave purposes will not count as service for redundancy pay purposes.

24.11 Rate of payment—redundancy pay

For the purposes of calculating any payment under clause 24.4 or clause 24.5, “salary” will include the following amounts:

(a) the employee’s full-time salary, adjusted on a pro rata basis for periods of part-time service; and

(b) for an allowance to be included as salary for redundancy pay purposes it will have been paid during periods of annual leave and on a regular basis and not be a reimbursement for expenses incurred or a payment for disabilities associated with the performance of a duty.

(c) additional payments for the performance of duties at a higher classification level are to be included in salary where the employee has been performing duties at the higher classification level for a continuous period of at least 12 months immediately preceding the date on which the employee is given notice of termination.

(d) shift penalties are to be included in salary where the employee has undertaken shift work and is entitled to shift penalties for 50% or more of the pay periods in the 12 months preceding the date on which the employee is given notice of termination. The employee is entitled to have the weekly average of the penalties payable over the 12 months immediately preceding the date on which the employee is given notice of termination included in salary.

24.12 Reduction in classification

Where the Agency Head proposes to reduce an excess employee’s classification either:

(a) the employee will be given the same period of notice as the employee would have been entitled to receive if the employment had been terminated; or

(b) the Agency Head may pay an amount to maintain the level of salary received by the employee at the date of notice of reduction in classification for the number of weeks of notice still owing. Such payments will be calculated in accordance with clause 24.11.

24.13 Period of notice—termination

Where an excess eligible employee is terminated, the period of notice will be four weeks. In the case of an employee over 45 years of age with at least five years continuous service the period of notice will be five weeks. Where the Agency Head directs, or the employee requests, a termination date within the notice period, the employee’s employment will terminate on that date. In these circumstances, the employee will be paid compensation instead of notice for the unexpired portion of the notice period. The payments an employee would have received in respect of the ordinary time the employee would have worked during the period of notice, had the employment not been terminated, will be used in calculating any payment in lieu of notice.

24.14 Time off during notice period

An employee will be entitled to reasonable time off with full pay to attend necessary employment interviews, from the date the period of notice commences.

24.15 Expenses

Where clause 24.14 applies, and expenses to attend interviews are not met by the prospective employer, the employee will be entitled to reasonable travel and incidental expenses incurred.

Part 7—Consultation and Dispute Resolution

25. Consultation regarding major workplace change

25.1 Agency Head to notify

(a) Where an Agency Head has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the Agency Head must notify the employees who may be affected by the proposed changes and their representatives, if any.(b) Significant effects include termination of employment; major changes in the composition, operation or size of the Agency Head’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

(a) The Agency Head must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 25.1(a), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

(b) The discussions must commence as early as practicable after a definite decision has been made by the Agency Head to make the changes referred to in clause 25.1(a).

(c) For the purposes of such discussion, the Agency Head must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees. The Agency Head is not required to disclose confidential information the disclosure of which would be contrary to the Commonwealth’s interests.

(a) Where an Agency Head proposes to change an employee’s regular roster or ordinary hours of work, the Agency Head must consult with the employee or employees affected and their representatives, if any, about the proposed change.

(b) The Agency Head must:

(i) provide to the employee or employees affected and their representatives, if any, all relevant information about the proposed change, provided that the Agency Head is not required to disclose confidential information the disclosure of which would be contrary to the Commonwealth’s interests;

(ii) invite the employee or employees affected to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities);

(iii) commence the consultation as early as practicable; and

(iv) give prompt consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

26. Dispute resolution

26.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

26.2 If a dispute about a matter arising under this award is unable to be resolved at the workplace, and all appropriate steps under clause 26.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

26.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.

26.4 Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

26.5 An Agency Head or employee may appoint another person, organisation or association, including an employee representative, to accompany and/or represent them for the purposes of this clause.

26.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the Agency Head to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

26.7 Leave of absence to attend proceedings

Where the provisions of clause 26.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to clause 26.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 26.2 and will not suffer any loss of pay in respect of the absence.

26.8 Leave of absence to attend courses

(a) To assist in the resolution of disputes in an agency, an employee representative, referred to in clause 26.5, will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the Agency.(b) The specific training course will be agreed between the employer and the individual employee.

(c) An employee representative granted leave of absence under clause 26.8 will not suffer any loss of pay.

	Day
	Ordinary rate—100%
APS level 1	$19.22
APS level 2	$20.83
APS level 3	$22.61
APS level 4	$24.02
APS level 5	$25.97
APS level 6	$27.40
Executive level 1	$31.06
Executive level 2	$33.69
Medical Officer class 1	$29.44
Medical Officer class 2	$38.57
Medical Officer class 3	$41.03
Medical Officer class 4	$44.36
Cadet APS (practical training)	$19.22
Trainee APS (Technical)	$20.16
Graduate APS	$20.51
Customs Trainee	$19.22
Customs Trainee Graduate	$20.51
Customs level 1	$22.61
Customs level 2	$24.02
Customs level 3	$27.40
Customs level 4	$31.06
Customs level 5	$33.69
Examiner of Patents	$22.91
Antarctic Medical Practitioner level 1	$35.37
Antarctic Medical Practitioner level 2	$41.05
Valuer-in-training	$18.65
Valuer	$21.35
APS Meat Inspector 1	$22.61
APS Meat Inspector 2	$24.02
APS Meat Inspector 3	$25.97
APS Meat Inspector 4	$27.40

A.3 Full-time and part-time—day workers—overtime rates

	Monday to Saturday—first 3 hours	Monday to Saturday—after 3 hours	Sunday—all day	Public Holiday or Additional Holiday —all day
	150%	200%	200%	250%
APS level 1	$28.83	$38.44	$38.44	$48.05
APS level 2	$31.25	$41.66	$41.66	$52.08
APS level 3	$33.92	$45.22	$45.22	$56.53
APS level 4	$36.03	$48.04	$48.04	$60.05
APS level 5	$38.96	$51.94	$51.94	$64.93
APS level 6	$41.10	$54.80	$54.80	$68.50
Executive level 1	$46.59	$62.12	$62.12	$77.65
Executive level 2	$50.54	$67.38	$67.38	$84.23
Medical Officer class 1	$44.16	$58.88	$58.88	$73.60
Medical Officer class 2	$57.86	$77.14	$77.14	$96.43
Medical Officer class 3	$61.55	$82.06	$82.06	$102.58
Medical Officer class 4	$66.54	$88.72	$88.72	$110.90
Cadet APS (practical training)	$28.83	$38.44	$38.44	$48.05
Trainee APS (Technical)	$30.24	$40.32	$40.32	$50.40
Graduate APS	$30.77	$41.02	$41.02	$51.28
Customs Trainee	$28.83	$38.44	$38.44	$48.05
Customs Trainee Graduate	$30.77	$41.02	$41.02	$51.28
Customs level 1	$33.92	$45.22	$45.22	$56.53
Customs level 2	$36.03	$48.04	$48.04	$60.05
Customs level 3	$41.10	$54.80	$54.80	$68.50
Customs level 4	$46.59	$62.12	$62.12	$77.65
Customs level 5	$50.54	$67.38	$67.38	$84.23
Examiner of Patents	$34.37	$45.82	$45.82	$57.28
Antarctic Medical Practitioner level 1	$53.06	$70.74	$70.74	$88.43
Antarctic Medical Practitioner level 2	$61.58	$82.10	$82.10	$102.63
Valuer-in-training	$27.98	$37.30	$37.30	$46.63
Valuer	$32.03	$42.70	$42.70	$53.38
APS Meat Inspector 1	$33.92	$45.22	$45.22	$56.53
APS Meat Inspector 2	$36.03	$48.04	$48.04	$60.05
APS Meat Inspector 3	$38.96	$51.94	$51.94	$64.93
APS Meat Inspector 4	$41.10	$54.80	$54.80	$68.50

	Night	Continuous Night	Saturday	Sunday	Public Holiday or Additional Holiday
	115%	130%	150%	200%	250%
APS level 1	$22.10	$24.99	$28.83	$38.44	$48.05
APS level 2	$23.95	$27.08	$31.25	$41.66	$52.08
APS level 3	$26.00	$29.39	$33.92	$45.22	$56.53
APS level 4	$27.62	$31.23	$36.03	$48.04	$60.05
APS level 5	$29.87	$33.76	$38.96	$51.94	$64.93
APS level 6	$31.51	$35.62	$41.10	$54.80	$68.50
Executive level 1	$35.72	$40.38	$46.59	$62.12	$77.65
Executive level 2	$38.74	$43.80	$50.54	$67.38	$84.23
Medical Officer class 1	$33.86	$38.27	$44.16	$58.88	$73.60
Medical Officer class 2	$44.36	$50.14	$57.86	$77.14	$96.43
Medical Officer class 3	$47.18	$53.34	$61.55	$82.06	$102.58
Medical Officer class 4	$51.01	$57.67	$66.54	$88.72	$110.90
Cadet APS (practical training)	$22.10	$24.99	$28.83	$38.44	$48.05
Trainee APS (Technical)	$23.18	$26.21	$30.24	$40.32	$50.40
Graduate APS	$23.59	$26.66	$30.77	$41.02	$51.28
Customs Trainee	$22.10	$24.99	$28.83	$38.44	$48.05
Customs Trainee Graduate	$23.59	$26.66	$30.77	$41.02	$51.28
Customs level 1	$26.00	$29.39	$33.92	$45.22	$56.53
Customs level 2	$27.62	$31.23	$36.03	$48.04	$60.05
Customs level 3	$31.51	$35.62	$41.10	$54.80	$68.50
Customs level 4	$35.72	$40.38	$46.59	$62.12	$77.65
Customs level 5	$38.74	$43.80	$50.54	$67.38	$84.23
Examiner of Patents	$26.35	$29.78	$34.37	$45.82	$57.28
Antarctic Medical Practitioner level 1	$40.68	$45.98	$53.06	$70.74	$88.43
Antarctic Medical Practitioner level 2	$47.21	$53.37	$61.58	$82.10	$102.63
Valuer-in-training	$21.45	$24.25	$27.98	$37.30	$46.63
Valuer	$24.55	$27.76	$32.03	$42.70	$53.38
APS Meat Inspector 1	$26.00	$29.39	$33.92	$45.22	$56.53
APS Meat Inspector 2	$27.62	$31.23	$36.03	$48.04	$60.05
APS Meat Inspector 3	$29.87	$33.76	$38.96	$51.94	$64.93
APS Meat Inspector 4	$31.51	$35.62	$41.10	$54.80	$68.50

A.5 Full-time and part-time employees—shiftworkers—overtime rates

	Monday to Friday—first 3 hours	Monday to Friday—after 3 hours	Saturday and Sunday—all day	Public Holiday or Additional Holiday —all day
	150%	200%	200%	250%
APS level 1	$28.83	$38.44	$38.44	$48.05
APS level 2	$31.25	$41.66	$41.66	$52.08
APS level 3	$33.92	$45.22	$45.22	$56.53
APS level 4	$36.03	$48.04	$48.04	$60.05
APS level 5	$38.96	$51.94	$51.94	$64.93
APS level 6	$41.10	$54.80	$54.80	$68.50
Executive level 1	$46.59	$62.12	$62.12	$77.65
Executive level 2	$50.54	$67.38	$67.38	$84.23
Medical Officer class 1	$44.16	$58.88	$58.88	$73.60
Medical Officer class 2	$57.86	$77.14	$77.14	$96.43
Medical Officer class 3	$61.55	$82.06	$82.06	$102.58
Medical Officer class 4	$66.54	$88.72	$88.72	$110.90
Cadet APS (practical training)	$28.83	$38.44	$38.44	$48.05
Trainee APS (Technical)	$30.24	$40.32	$40.32	$50.40
Graduate APS	$30.77	$41.02	$41.02	$51.28
Customs Trainee	$28.83	$38.44	$38.44	$48.05
Customs Trainee Graduate	$30.77	$41.02	$41.02	$51.28
Customs level 1	$33.92	$45.22	$45.22	$56.53
Customs level 2	$36.03	$48.04	$48.04	$60.05
Customs level 3	$41.10	$54.80	$54.80	$68.50
Customs level 4	$46.59	$62.12	$62.12	$77.65
Customs level 5	$50.54	$67.38	$67.38	$84.23
Examiner of Patents	$34.37	$45.82	$45.82	$57.28
Antarctic Medical Practitioner level 1	$53.06	$70.74	$70.74	$88.43
Antarctic Medical Practitioner level 2	$61.58	$82.10	$82.10	$102.63
Valuer-in-training	$27.98	$37.30	$37.30	$46.63
Valuer	$32.03	$42.70	$42.70	$53.38
APS Meat Inspector 1	$33.92	$45.22	$45.22	$56.53
APS Meat Inspector 2	$36.03	$48.04	$48.04	$60.05
APS Meat Inspector 3	$38.96	$51.94	$51.94	$64.93
APS Meat Inspector 4	$41.10	$54.80	$54.80	$68.50

A.6 Irregular and intermittent employees—day workers—ordinary rates

	Day
	Ordinary rate—125%
APS level 1	$24.03
APS level 2	$26.04
APS level 3	$28.26
APS level 4	$30.03
APS level 5	$32.46
APS level 6	$34.25
Executive level 1	$38.83
Executive level 2	$42.11
Medical Officer class 1	$36.80
Medical Officer class 2	$48.21
Medical Officer class 3	$51.29
Medical Officer class 4	$55.45
Cadet APS (practical training)	$24.03
Trainee APS (Technical)	$25.20
Graduate APS	$25.64
Customs Trainee	$24.03
Customs Trainee Graduate	$25.64
Customs level 1	$28.26
Customs level 2	$30.03
Customs level 3	$34.25
Customs level 4	$38.83
Customs level 5	$42.11
Examiner of Patents	$28.64
Antarctic Medical Practitioner level 1	$44.21
Antarctic Medical Practitioner level 2	$51.31
Valuer-in-training	$23.31
Valuer	$26.69
APS Meat Inspector 1	$28.26
APS Meat Inspector 2	$30.03
APS Meat Inspector 3	$32.46
APS Meat Inspector 4	$34.25

A.7 Irregular and intermittent employees—day workers—overtime rates

	Monday to Saturday—first 3 hours	Monday to Saturday—after 3 hours	Sunday—all day	Public Holiday or Additional Holiday —all day
	150%	200%	200%	250%
APS level 1	$28.83	$38.44	$38.44	$48.05
APS level 2	$31.25	$41.66	$41.66	$52.08
APS level 3	$33.92	$45.22	$45.22	$56.53
APS level 4	$36.03	$48.04	$48.04	$60.05
APS level 5	$38.96	$51.94	$51.94	$64.93
APS level 6	$41.10	$54.80	$54.80	$68.50
Executive level 1	$46.59	$62.12	$62.12	$77.65
Executive level 2	$50.54	$67.38	$67.38	$84.23
Medical Officer class 1	$44.16	$58.88	$58.88	$73.60
Medical Officer class 2	$57.86	$77.14	$77.14	$96.43
Medical Officer class 3	$61.55	$82.06	$82.06	$102.58
Medical Officer class 4	$66.54	$88.72	$88.72	$110.90
Cadet APS (practical training)	$28.83	$38.44	$38.44	$48.05
Trainee APS (Technical)	$30.24	$40.32	$40.32	$50.40
Graduate APS	$30.77	$41.02	$41.02	$51.28
Customs Trainee	$28.83	$38.44	$38.44	$48.05
Customs Trainee Graduate	$30.77	$41.02	$41.02	$51.28
Customs level 1	$33.92	$45.22	$45.22	$56.53
Customs level 2	$36.03	$48.04	$48.04	$60.05
Customs level 3	$41.10	$54.80	$54.80	$68.50
Customs level 4	$46.59	$62.12	$62.12	$77.65
Customs level 5	$50.54	$67.38	$67.38	$84.23
Examiner of Patents	$34.37	$45.82	$45.82	$57.28
Antarctic Medical Practitioner level 1	$53.06	$70.74	$70.74	$88.43
Antarctic Medical Practitioner level 2	$61.58	$82.10	$82.10	$102.63
Valuer-in-training	$27.98	$37.30	$37.30	$46.63
Valuer	$32.03	$42.70	$42.70	$53.38
APS Meat Inspector 1	$33.92	$45.22	$45.22	$56.53
APS Meat Inspector 2	$36.03	$48.04	$48.04	$60.05
APS Meat Inspector 3	$38.96	$51.94	$51.94	$64.93
APS Meat Inspector 4	$41.10	$54.80	$54.80	$68.50

A.8 Irregular and intermittent employees—shiftworkers—ordinary and penalty rates