ORDER

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

Community and Public Sector Union (CPSU)
(EM2013/41)

AUSTRALIAN BUREAU OF STATISTICS (INTERVIEWERS) AWARD 2000
[AP765905]

Enterprise instrument modernisation – modern enterprise award made – Australian Bureau of Statistics (Interviewers) Enterprise Award 2016.

1. Further to the decision issued in transcript by the Fair Work Commission on 9 June 2016, and the further amended version of the Proposed Award filed jointly by the parties on 24 June 2016, the following modern enterprise award is made:

Australian Bureau of Statistics (Interviewers) Enterprise Award 2016.

2. The award is attached.

3. The Australian Bureau of Statistics (Interviewers) Award 2000 [AP765905] is terminated pursuant to item 9(2)(a) of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

4. This order comes into effect on 21 July 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C>

Australian Bureau of Statistics (Interviewers) Enterprise Award 2016

Table of Contents

Part 1— Application and Operation 2
1. Title and commencement 2
2. The National Employment Standards and this award 2
3. Coverage 2
4. Award flexibility 3
5. Types of Employment and Employment Arrangements 4
6. Employment arrangements 5
Part 2— Hours of work 5
7. Ordinary hours of work 5
Part 3— Wages and Allowances 6
8. Minimum wages 6
9. Allowances and reimbursements 7
10. Superannuation 9
Part 4— Leave, Public Holidays and other entitlements 9
11. Annual leave 9
12. Personal/carer’s leave and compassionate leave 10
13. Community service leave 10
14. Public holidays 10
15. Parental Leave 10
16. Leave without pay 11
17. Notice of termination and redundancy 12
Part 5— Consultation and Dispute Resolution 12
18. Consultation regarding major workplace change 12
19. Dispute resolution 13
Schedule A —Definitions and interpretation 15
Schedule B —Summary of Monetary Allowances 16

Part 1—Application and Operation

1. Title and commencement

1.1 This award is the Australian Bureau of Statistics (Interviewers) Enterprise Award 2016.

1.2 This award commences on 21 July 2016.

1.3 This award supersedes the Australian Bureau of Statistics (Interviewers) Award 2000. The replacement of the predecessor award by this enterprise award does not affect any right or liability that a person acquired, accrued or incurred under the predecessor award.

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

1.5 The monetary obligations imposed on the Australian Statistician by this enterprise award may be absorbed into overaward payments. Nothing in this enterprise award requires an employer to maintain or increase any overaward payment.

1.6 The making of this enterprise award is not intended to result in a reduction in take-home pay of employees covered by the enterprise 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 enterprise award, 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 The Australian Statistician must ensure that copies of this award and the NES are available to all employees.

2.3 Where this enterprise 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 award relates is the ABS, which is established under the Australian Bureau of Statistics Act 1975 (Cth).

3.2 Employer

This enterprise award covers the Australian Statistician in respect of Interviewers covered by this enterprise award.

3.3 Employees

This enterprise award covers Interviewers engaged as ABS employees under sub-section 16(2) of the Australian Bureau of Statistics Act 1975 and in accordance with Regulation 3 of the Statistics Regulations (other than persons engaged for the conduct of the Population Census or purposes other than Interviewer based surveys).

4. Award flexibility

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

(a) arrangements for when work is performed; and

(b) allowances.

4.2 The employer and the individual Interviewer 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 employer.

4.3 The agreement between the employer and the individual Interviewer 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 Interviewer being better off overall than the Interviewer would have been if no individual flexibility agreement had been agreed to.

4.4 The agreement between the employer and the individual Interviewer must also:

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

(b) state each term of this enterprise award that the employer and the individual Interviewer have agreed to vary;

(c) detail how the application of each term has been varied by agreement between the employer and the individual Interviewer ;

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

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

4.5 The employer must give the individual Interviewer 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 employer and the individual Interviewer .

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

4.8 The agreement may be terminated:

(a) by the employer or the individual Interviewer giving four 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 employer and the individual Interviewer .

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

5. Types of Employment and Employment Arrangements

5.1 Interviewers may be engaged on an ongoing, non-ongoing or casual basis.

5.2 Interviewers under this award will be employed in one of the following categories:

(a) full-time;

(b) part-time; or

(c) casual

5.3 Full-time employees

(a) A full-time employee is engaged to work:

(i) 36.75 ordinary hours per week; or

(ii) an average of 36.75 ordinary hours per week over the roster cycle.

5.4 Part-time employees

(a) A part-time employee:

(i) is engaged to work an average of fewer than 36.75 ordinary hours per week;

(ii) receives, on a pro rata basis, pay and conditions equivalent to those of full-time employees who do the same kind of work.

5.5 Casual employees

(a) A casual employee is an employee who is engaged and paid as a casual employee.

(b) The following provisions of this award do not apply to casual employees:

(i) clause 11 – Annual leave;

(ii) clause 14 – Public holidays;

(iii) clause 17 – Notice of Termination and Redundancy.

Casual loading

(c) For each hour worked, a casual employee must be paid:

(i) the hourly rate for the relevant assignment type; and

(ii) a loading of 25% of the hourly rate for the relevant assignment type.

(d) The casual loading is paid in lieu of paid leave and public holidays and the other conditions of full-time or part-time employment.

6. Employment arrangements

6.1 Movement of the sample

As a result of the movement of the sample, Interviewers will only be engaged where there is sufficient work available in selected areas. The ABS will advise Interviewers at the earliest possible time of movements in the sample.

6.2 Other arrangements

(a) Interviewers will make themselves available for assignments on a regular basis. Where appropriate this would be for two assignments each month.

(b) Interviews and data collection activities will be conducted between the hours of 9.00 a.m. and 8.00 p.m. Monday to Friday and 9.00 a.m. and 12 noon Saturday.

Part 2—Hours of work

7. Ordinary hours of work

7.1 The ordinary hours of work for a full-time employee are 36.75 hours per week.

7.2 The ordinary hours of work for a part-time employee will be in accordance with clause 5 – Types of employment.

7.3 For the purposes of section 63 of the Act, an employee’s ordinary weekly hours may be averaged over a period of up to four weeks.

7.4 An Interviewer’s ordinary hours of work comprises:

(a) assessed time;

(b) travel time in excess of 90 minutes for the return journey to attend training or debriefing;

(c) training time;

(d) work paid on an actual time basis (including travel time that does not include travel to attend training or debriefing);

(e) time paid for supervision and representative work; and

(f) other hours approved by the ABS.

Part 3—Wages and Allowances

8. Minimum wages

8.1 All eligible Interviewers performing work within the assignment types listed in table 8.3 in this clause will be paid no less than the hourly rate for the relevant assignment type as set out in table 8.4. All work performed by an Interviewer will be paid at the relevant hourly rate.

8.2 An Interviewer’s hourly rate is calculated based on the following formula:

Hourly rate = Annual Salary for the assignment type × × .

8.3 Assignment type

8.4 Pay rates

8.5 Payment for assignments

(a) At the time of assignment allocation, the ABS shall advise the assignment type.

(b) Payment will be made on the actual time spent to complete assignments except where a period of assessed time is set for specified components of the work.

(i) This assessed time will be based on the time taken to complete specific components of the work during previous surveys, pilot tests and dress rehearsals

(ii) Payment for all components of the work will be made at the hourly rate applicable to the specified assignment type.

8.6 Minimum payments

(a) For rural and remote assignments for initial survey remuneration for Grades 2, 3 and 4 assignment types;

(i) payment equivalent to 7 hours shall be made if the assignment is assessed as less than 7 hours work; and

(ii) payment equivalent to 14 hours shall be made if the assignment is assessed as greater than 7 but less than 14 hours work.

(b) A minimum payment equivalent to one hour shall be made for non-contact and refusal follow-up assignments.

(c) A minimum payment equivalent to 4 hours shall be made for attendance at training courses or debriefings.

(d) A minimum payment equivalent to two hours shall be made for completion of a Home Study Exercise, including reading the accompanying instructions.

(e) A minimum payment equivalent to one hour shall be made for reading instructions, including amendments to instructions, where there is no accompanying Home Study Exercise.

8.7 Payment for travel time to attend training or debriefing will be made for time in excess of 90 minutes for the return journey by the shortest practicable route from the Interviewer’s usual place of residence to the training or debriefing centre.

(a) The payment will be made at the hourly rate set for the assignment type applicable to the training or debriefing.

9. Allowances and reimbursements

9.1 Vehicle allowance

Where the Australian Statistician requires an Interviewer to use their own vehicle in or in connection with the performance of their duties (including for attendance at training courses), 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.

9.2 Travelling allowance (TA)

Where the Australian Statistician requires an Interviewer in the course of duties to be absent overnight or for part of the day, the Interviewer 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.

9.3 Reimbursement for eye tests and spectacles

Interviewers will be eligible for eye tests and spectacle reimbursement under the terms and up to the limits applying to ABS Public Service Act 1999 employees.

9.4 Reimbursement for incidental expenses

Interviewers are eligible for reimbursement for the following incidental expenses which have been actually and properly incurred whilst carrying out an assignment, including:

(a) postage;

(b) fares by public transport, parking fees and tolls incurred in carrying out assignments;

(c) telephone calls made either to the ABS, or at the request or with the agreement of the ABS; and

(d) road maps of local areas, including street directories, necessary to complete assignments.

9.5 Loss or damage to clothing or personal effects

The Australian Statistician (or delegate) may approve reimbursement to an Interviewer for loss or damage to clothing or personal effects which occurred in the normal course of the Interviewer’s work.

9.6 Reimbursement of fares

Fares by public transport from an Interviewer’s usual place of residence to a training or debriefing centre and return are reimbursable. If public transport is not used, Vehicle Allowance as specified in clause 9.1 is payable for each kilometre of the distance by the shortest practicable route from the Interviewer’s usual place of residence to the training or debriefing centre and return, but not exceeding the cost of fares by public transport.

9.7 Reimbursement of equipment expenses

The cost of any equipment determined necessary by the ABS for Interviewers to work effectively in a home based location, unless provided by the ABS, will be reimbursed up to a limit as determined by the ABS.

9.8 Interviewing language allowance

If an Interviewer is required to undertake an interview using language skills, other than English, they will be eligible to be paid an Interviewing Language Allowance for each hour for which they are required to use their language skills as follows:

(a) when undertaking a Grade 2 assignment: $3.87 per hour;

(b) when undertaking a Grade 3 assignment: $2.72 per hour;

(c) when undertaking a Grade 4 assignment: $0.61 per hour.

10. Superannuation

10.1 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 4—Leave, Public Holidays and other entitlements

11. Annual leave

11.1 As provided for by the NES, an Interviewer is entitled to four weeks of paid annual leave for each year of service.

11.2 Cashing out

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 11.2.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 11.2.

(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d) An agreement under clause 11.2 must state:

(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and

(ii) the date on which the payment is to be made.

(e) An agreement under clause 11.2 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i) The employer must keep a copy of any agreement under clause 11.2 as an employee record.

NOTE 1: Under section 344 of the Fair Work Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 11.2.
NOTE 2: Under section 345(1) of the Fair Work Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 11.2.

12. Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

13. Community service leave

Community service leave is provided for in the NES.

14. Public holidays

Public holidays are provided for in the NES.

15. Parental Leave

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

15.2 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.

15.3 A pregnant employee who:

(a) is not entitled to paid leave under clause 15.2; 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.

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

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

15.6 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.

15.7 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.

15.8 The amount of paid leave provided to an employee under clause 15.2 will be reduced by any period of paid maternity leave that an employee is granted under the Maternity Leave (Commonwealth Employees) Act 1973.

16. Leave without pay

16.1 In addition to provisions in the NES and other legislation, casual Interviewers may be exempted from the panel without pay for specified periods and reasons shown below:

(a) for up to 12 months for the purpose of the birth or adoption of a child. This exemption applies to each “parent” for a combined period of up to 2 years;

(b) for such length of time as is necessary, to enable the Interviewer to recover from an illness or injury or to care for members of their family or household who are ill or injured;

(c) for one month in each calendar year for recreation purposes. The timing of such exemption will be subject to operational requirements;

(d) for up to 12 months to attend to family responsibilities, other than caring responsibilities covered by sub-clause 18.1(b), subject to operational requirements;

(e) for reasonable periods for the purpose of a bereavement of a member of the Interviewer’s immediate family or household, or subject to the discretion of the Australian Statistician, on the occasion of the bereavement of a partner, foster parent, step parent, guardian or foster child of the Interviewer;

(f) for a maximum period 10 days in any period of 2 years for ceremonial purposes for employees of Aboriginal and Torres Strait Islander descent; and

16.2 Where the total period exemption from the panel exceeds 30 days in any one calendar year the total period will not count as service.

17. Notice of termination and redundancy

Notice of termination and redundancy pay are provided for in the NES.

Part 5—Consultation and Dispute Resolution

18. Consultation regarding major workplace change

18.1 Australian Statistician to notify

(a) Where the Australian Statistician has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on Interviewers , the Australian Statistician must notify the Interviewers 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 Australian Statistician’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 Interviewers to other work or locations; and the restructuring of jobs. Provided that where this enterprise award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

18.2 Employer to discuss change

(a) The employer must discuss with the Interviewers affected and their representatives, if any, the introduction of the changes referred to in clause 18.1(a), the effects the changes are likely to have on Interviewers and measures to avert or mitigate the adverse effects of such changes on Interviewers and must give prompt consideration to matters raised by the Interviewers 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 Australian Statistician to make the changes referred to in clause 18.1(a).

(c) For the purposes of such discussion, the Australian Statistician must provide in writing to the Interviewers 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 Interviewers and any other matters likely to affect Interviewers. The Australian Statistician is not required to disclose confidential information the disclosure of which would be contrary to the Commonwealth’s interests.

18.3 Consultation about changes to rosters or hours of work

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

(b) The Australian Statistician must:

(i) provide to the employee or employees affected and their representatives, if any, all relevant information about the proposed change, provided that the Australian Statistician 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.

(c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.

(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

19. Dispute resolution

19.1 In the event of a dispute about a matter under this enterprise 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 Interviewer or Interviewers 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 Interviewer or Interviewers concerned and more senior levels of management as appropriate.

19.2 If a dispute about a matter arising under this enterprise award is unable to be resolved at the workplace, and all appropriate steps under clause 19.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

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

19.4 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.

19.5 The Australian Statistician or Interviewer may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.

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

19.7 Leave of absence to attend proceedings

Where the provisions of clause 19.1 have been complied with, and to assist in the resolution of the matter, an Interviewer who is appointed to accompany or represent another Interviewer pursuant to clause 19.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 19.2 and will not suffer any loss of pay in respect of the absence.

19.8 Leave of absence to attend courses

(a) To assist in the resolution of disputes in an agency, an Interviewer representative, referred to in clause 19.5, 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 Interviewer.

(c) An Interviewer representative granted leave of absence under clause 19.8 will not suffer any loss of pay.

Schedule A—Definitions and interpretation

In this enterprise award, unless the contrary intention appears:

ABS means the Australian Bureau of Statistics
Act means the Fair Work Act 2009 (Cth)
Assignment means a parcel of work allocated to an Interviewer, which may be in the form of interviews or data collection work, or other approved activities.
FWC means the Fair Work Commission
Interviewer means a person engaged under sub-section 16(2) of the Australian Bureau of Statistics Act 1975 and in accordance with Regulation 3 of the Statistics Regulations (other than persons engaged for the conduct of the Population Census or purposes other than Interviewer based surveys).
Movement of the sample means where as a result of the sample after a Census, there is either no work or insufficient work available in an area that could be enumerated cost effectively by an Interviewer already on the panel.
NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth).
Panel means the entire workforce of Interviewers.

Schedule B—Summary of Monetary Allowances

See clause 9—Allowances for full details of allowances payable under this award.

B.1 Wage-related allowances

The wage related allowances in this award are based on the hourly rate for the relevant grade.

B.2 Adjustment of wage-related allowances

Wage related allowances are adjusted in accordance with increases to wages and are based on a percentage of the hourly rate for the relevant grade as specified.