1
Fair Work Act 2009
s.185—Enterprise agreement
Australian Council for Educational Research Ltd
(AG2020/1102)
AUSTRALIAN COUNCIL FOR EDUCATIONAL RESEARCH LIMITED
ENTERPRISE AGREEMENT 2019 - 2022
Clerical industry
DEPUTY PRESIDENT YOUNG MELBOURNE, 12 JUNE 2020
Application for approval of the Australian Council for Educational Research Limited
Enterprise Agreement 2019 - 2022.
[1] Australian Council for Educational Research Ltd (the Employer) has made an
application for approval of an enterprise agreement known as the Australian Council for
Educational Research Limited Enterprise Agreement 2019 - 2022 (the Agreement) pursuant
to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is
attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment
to any employee covered by the Agreement and the undertakings will not result in substantial
changes to the Agreement. The undertakings are taken to be a term of the Agreement.
[3] Subject to the undertakings referred to above, and on the basis of the material
contained in the application, the accompanying statutory declaration, and the additional
information provided by the Employer, I am satisfied that each of the requirements of ss 186,
187, 188 and 190 as are relevant to this application for approval have been met.
[4] CPSU, the Community and Public Sector Union, being a bargaining representative for
the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the
Agreement. In accordance with s 201(2) and based on the statutory declaration provided by
the organisation, I note that the Agreement covers the organisation.
[2020] FWCA 3111
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
[2020] FWCA 3111
2
[5] The Agreement was approved on 12 June 2020 and, in accordance with s 54, will
operate from 19 June 2020. The nominal expiry date of the Agreement is 31 December 2022.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE508284 PR720190
THE FAIR WORK COMMISSION
[2020] FWCA 3111
3
Annexure A
IN THE FAIR WORK COMMISSION
FWC Matter No.: AG202011102
Applicant:
Australian Council for Educational Research LimrteJ
Section 185 - Application for approval of a single enterprise agreement
Undertaking - Section 190
Improving Learning
I, Joanna Brown, Director of Human Resources, for Australian Council for Educational Research
Limtted (ACER) give the following undertakings with respect to, the Australian Council for
Educational Research Limrted Enterprise Agreement 2019 - 2022 ("the Agreement"):
1. I have the authority given to me by ACER to provide this undertaking in relation to the
application before the Fair WOl1 Commission.
2. ACER undertakes the following:
a) Any employee who is a 'slliflworke( (as defined under Clerks Private Sector Award
201 O or under the Storage Services and Wholesale Award 201 Oas the case may
be) will be ent itled to 5 weeks' annual leave in accordance with the National
Employment Standards.
b) Any agreement to vary the spread of ordinary hours of attendance for fulltime
employees in clause 15.1 will be made in accordance with clause 8 ("Individual
flexibilrty agreement") of the Agreement.
3. These undertakings are provided on the basis of issues raised by the Fair WOl1
Commission in the application before the Fair Work Commission .
. ~ .
Signature
...... 12 May 2020 ......•......
Date
Australian Council for Educational Research Limited
19 Prospect HI Road (Private Bag 55) Carnben,,,ell VIC 3124 Australia
t+61392775555 f +6131n775500 w.wt.acer.org
ACN 004 3P8 145 A8N 19 004 398 145
ACER Improving Learning IN THE FAIR WORK COMMISSION FWC Matter No .: AG2020/1102 Applicant: Australian Council for Educational Research Limited Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Joanna Brown, Director of Human Resources, for Australian Council for Educational Research Limited (ACER) give the following undertakings with respect to the Australian Council for Educational Research Limited Enterprise Agreement 2019 - 2022 ("the Agreement"): 1. I have the authority given to me by ACER to provide this undertaking in relation to the application before the Fair Work Commission. 2. ACER undertakes the following: a) Any employee who is a 'shiftworker' (as defined under Clerks Private Sector Award 2010 or under the Storage Services and Wholesale Award 2010 as the case may be) will be entitled to 5 weeks' annual leave in accordance with the National Employment Standards. b) Any agreement to vary the spread of ordinary hours of attendance for fulltime employees in clause 15.1 will be made in accordance with clause 8 ("Individual flexibility agreement") of the Agreement. 3. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Jearon Signature . 12 May 2020 Date Australian Council for Educational Research Limited 19 Prospect Hill Road (Private Bag 55) Camberwell VIC 3124 Australia t +61 3 9277 5555 f +61 3 9277 5500 www.acer.org ACN 004 388 145 ABN 19 004 398 145
ACER
Enterprise
Agreement
2019 --- 2022
Fair Work Commission Agreement Number: tba
Australian Council for Educational Research
ACER
backhouse
Undertaking
ACER Enterprise Agreement 2019 - 2022
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Part A: Agreement formalities 3
1 Title 3
2 Operation of Agreement 3
3 Definitions 3
4 Application 4
5 Access to Agreement 4
6 Entire Agreement 4
7 Savings provision and relationship with other awards and agreements 4
8 Individual flexibility agreement 4
9 No extra claims 5
10 Disputes and grievances 5
11 Implementation of change 6
12 ACER Advisory and Consultative Committee (AACC) 8
13 ACER employee policy 8
Part B: Employment 9
14 Employee appointments 9
15 Hours of duty and workloads 11
16 Remuneration and allowances 13
17 Professional development 17
Part C: Other conditions of service 18
18 Superannuation 18
19 Leave 19
20 Performance improvement and unsatisfactory performance 26
21 Misconduct 29
22 Termination of employment 31
23 Accident compensation 33
24 Facilities for authorised CPSU representatives 34
Schedule 1: Salary scales 35
Schedule 2: Casual employees 44
Schedule 3: Allowances and loadings 46
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Part A: Agreement formalities
1 Title
The title of this Agreement is the: Australian Council for Educational Research Limited
Enterprise Agreement 2019 - 2022
2 Operation of Agreement
This Agreement shall come into force seven (7) days after it is approved by Fair Work
Commission (FWC). The nominal expiry date for the Enterprise Agreement is 31 December
2022. Negotiations for the next Enterprise Agreement shall commence no later than 1
September 2022.
3 Definitions
“AACC” shall mean the ACER Advisory and Consultative Committee
“ACER” shall mean Australian Council for Educational Research Limited.
“Agreement” shall mean the Australian Council for Educational Research Limited
Enterprise Agreement 2019 - 2022.
“Bargaining Representative” shall mean a person who is nominated to represent an
employee during the bargaining for the agreement or in a matter before Fair Work
Commission about bargaining for the agreement.
“Casual Employees” shall mean a casual employee who is engaged by the hour on the basis
that each engagement is a separate and distinct period of service.
“CEO” means the Chief Executive Officer or their delegated representative.
“Colleague” shall mean a person employed by ACER and nominated by the employee which
may be an ACER union representative.
"Eligible Casual Employee" shall have the meaning described in Schedule 2 of this
Agreement.
"FWC" means Fair Work Commission.
“Immediate family” means:
(a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the
employee; or
(b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the
employee.
"NES" means the National Employment Standards as outlined in Divisions 3-12 of Chapter
2, Part 2.2 of the Fair Work Act 2009.
“PIP” means Performance Improvement Plan.
“Senior Manager” Senior Managers are those appointed by the CEO as a Head of Division,
Research Program Director or Head of an equivalent business unit.
“Employees” shall mean all ACER employees employed in Australia other than the Senior
Managers.
“Union” shall mean The Community and Public Sector Union (CPSU).
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4 Application
This Agreement is made under section 172(2)(a) of the Fair Work Act 2009 and shall cover
in its terms:
(a) ACER;
(b) all employees of ACER employed to work in Australia other than Senior Managers; and
(c) an employee organisation who makes application to Fair Work Commission under
section 183(1) of the Fair Work Act 2009 to be covered by this Agreement.
5 Access to Agreement
Copies of this Agreement shall be kept in an easily accessible place in each ACER building
and will be available for inspection at any time by persons covered by the Agreement,
including on the ACER Intranet.
6 Entire Agreement
This Agreement will regulate the conditions of employment of employees covered by the
Agreement to the exclusion of all other awards and industrial agreements.
7 Savings provision and relationship with other awards and agreements
Any entitlement in the nature of an accrued entitlement which has accrued to an individual’s
benefit under a previous agreement will not be adversely affected by the making of this
Agreement. No employees will, on aggregate, have their overall pay and conditions reduced
as a result of the making of this Agreement.
8 Individual flexibility agreement
ACER and an employee covered by this Agreement may agree to make an individual
flexibility arrangement to vary the effect of terms of the Agreement if:
(a) the agreement deals with one or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and
(v) leave issues (such as Public Holidays; Flexible Leave and Religious and
Ceremonial Leave).
(b) the arrangement meets the genuine needs of the ACER and the employee in relation to
one or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and the employee.
ACER must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c) result in the employee being better off overall than the employee would be if no
arrangement was made.
ACER must ensure that the individual flexibility arrangement:
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(a) is in writing; and
(b) includes the name of ACER and the employee; and
(c) is signed by ACER and the employee and if the employee is under 18 years of age,
signed by a parent or guardian of the employee; and
(d) includes details of:
(i) the terms of the Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions
of their employment as a result of the arrangement; and
(iv) states the day on which the arrangement commences.
ACER must give the employee a copy of the individual flexibility arrangement within 14
days after it is agreed to.
ACER or the employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if ACER and the employee agree in writing-- at any time.
9 No extra claims
The persons covered by this Agreement in accordance with section 53 of the Fair Work Act
2009 agree not to pursue any further claims in relation to the terms and conditions of the
employees covered by this Agreement while this Agreement remains in operation.
10 Disputes and grievances
10.1 If a dispute relates to:
(a) a matter arising under the Agreement; or
(b) a matter pertaining to the application of the Agreement; or
(c) the National Employment Standards;
this clause sets out procedures to settle the dispute.
10.2 In the first instance, the parties to the dispute must try to resolve the dispute at the
workplace level, by discussions between the employee or employees and relevant
line manager/s and/or management.
10.3 An employee who is a party to the dispute may appoint a representative for the
purposes of the procedures in this clause, including a CPSU representative or
an Employer’s organisation.
10.4 If the dispute is not resolved, either party can inform the CEO, in writing of the
existence of a dispute, and provide a written report regarding the nature and
substance of the dispute and the employees who are party to it. In this instance the
CEO, will determine whether to refer the dispute to:
(a) an Independent Investigator; OR
(b) a Disputes Committee that will be convened by the CEO, within five working
days of the CEO, receiving the written report, unless agreed otherwise. The
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Disputes Committee will consist of three nominees of the CEO, (other than the
CEO) one of whom will be appointed as chair, and three employees nominated
by the employees who are party to the dispute. Alternatively, the employees
may nominate a CPSU official, as one of their nominated members of the
committee. The chair will have a casting, as well as a deliberative, vote.
The Disputes Committee will attempt to resolve the matter within five working days
of its first meeting. Any resolution will be in the form of a written agreement,
subject, if necessary, to ratification by each party.
Until the procedures described have been exhausted:
(a) work will continue in accordance with usual practice unless the employee has a
reasonable concern about an imminent risk to their health and safety; and
(b) industrial action will not be taken by either party at any stage of the above
process.
For the purpose of this clause, “usual practice” means the state of affairs that existed
immediately prior to the change that gave rise to the dispute.
Should the dispute not be resolved by the processes referred to in this clause, the
matter may be referred by either party to a mutually agreed person who is
independent from ACER, its employees and the union covered by the Agreement, or
Fair Work Commission, who may settle the dispute.
10.5 The Fair Work Commission may deal with the dispute in 2 stages:
(a) the Fair Work Commission will first attempt to resolve the dispute as it
considers appropriate, including by mediation, conciliation, expressing an
opinion or making a recommendation; and
(b) if the Fair Work Commission is unable to resolve the dispute at the first stage,
the Fair Work Commission may then:
(i) arbitrate the dispute; and
(ii) make a determination that is binding on the parties.
Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers
that are available to it under the Fair Work Act 2009. A decision that the Fair Work
Commission makes when arbitrating a dispute is a decision for the purpose of Div 3
of Part 5.1 of the Fair Work Act 2009. Therefore, an appeal may be made against the
decision.
10.6 The parties to the dispute agree to be bound by a decision made by the Fair Work
Commission in accordance with this clause.
11 Implementation of change
11.1 Where ACER has formulated a proposal to introduce a major change likely to have a
significant effect on ACER's employees, such as to production, program,
organisation, structure, work practices or technology in relation to its enterprise, OR
where ACER proposes to change the rosters or hours of work of its employees,
ACER must notify the relevant employees and ACER CPSU Branch section
committee of the proposal to introduce the major change as soon as practicable.
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11.2 The relevant employee/s may appoint a representative for the purposes of the
procedures in this clause. If the relevant employee/s appoints, a representative for the
purposes of consultation and the employee/s advise the employer of the identity of the
representative, the employer must recognise the representative.
11.3 In this clause, a major change is likely to have a significant effect on employees if
it results in:
(a) the termination of the employment of employees; or
(b) major change to the composition, operation or size of ACER's workforce or to
the skills required of employees; or
(c) the elimination or diminution of job opportunities (including opportunities for
promotion); or
(d) the alteration of hours of work; or
(e) the need to retrain employees; or
(f) the need to relocate employees to another workplace; or
(g) the substantive restructuring of jobs.
11.4 As soon as practicable after formulating a proposal, ACER must:
(a) invite the relevant employees to give their views about the impact of the
change (including any impact in relation to their family or caring
responsibilities).
(b) discuss with the affected employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures ACER is taking to avert or mitigate the adverse effect of the
change on the employees; and
(c) for the purposes of the discussion, provide, in writing, to the affected
employees and the ACER CPSU Branch section committee:
(i) all relevant information about the change including the nature of the change
proposed; and
(ii) information about the expected effects of the change on the employees; and
(iii)any other matters related to the change likely to affect the employees; and
(iv)provision of the material “in writing” under this clause includes the provision
of the material via email and/or posting in a prominent place on the ACER
Intranet.
11.5 However, ACER is not required to disclose confidential or commercially sensitive
information to the affected employees.
11.6 ACER must give prompt and genuine consideration to matters raised by their
employees or their representatives about the major change by the affected employees
and the ACER CPSU Branch section committee and where appropriate provide
training for the employees to assist them to integrate successfully into the new
structure.
11.7 In accordance with this clause, the affected employees and the ACER CPSU Branch
section committee may submit alternative proposals which will meet the indicated
rationale and benefits of the proposal. Such alternative proposals must be submitted
in a timely manner so as not to lead to an unreasonable delay in the introduction of
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any contemplated change. If such a proposal is made, ACER must give considered
reasons to the affected employees and the ACER CPSU Branch section committee if
ACER does not accept its proposals.
11.8 Indicative reasonable timeframes are as follows:
Step in process
Number of working days in which to
perform each step
Employer advises Employees and relevant
Union covered by this Agreement
Response from Employees or the relevant
Union covered by this Agreement
5 days following receipt of written
advice from Employer
Meeting convened (if requested) 5 days following request for meeting
Further Employer response (if relevant) 5 days following meeting
Alternative proposal from Employees or
relevant Union covered by this Agreement (if
applicable)
10 days following receipt of Employer
response
Employer response to any alternative proposal 10 days following receipt of alternative
proposal
11.9 Any dispute concerning the Parties obligations under this clause shall be dealt with in
accordance with clause 10.
12 ACER Advisory and Consultative Committee (AACC)
The AACC provides a wide advisory and consultative mechanism within ACER. Any
matter regarding the operation of ACER may be raised for consideration by AACC other
than the detail of matters directly pertaining to the circumstances of an individual employee,
unless with the express prior approval of that employee in writing to the chair of AACC,
and any dispute pertaining to the interpretation and application of the Agreement.
Detailed information about AACC membership, elections and processes associated with the
operation of the Committee are incorporated in ACER policies.
The Committee is composed of elected employee representatives, representatives nominated
by the CEO and a Union Branch member appointed by the ACER CPSU convener.
13 ACER employee policy
ACER policies and procedures regarding employment matters that are not part of this
Agreement are kept on the ACER Intranet policy site and may be revised from time to time
by the CEO. Prior to determining such revisions the CEO will obtain the advice of the Head
of Division who will ensure that the matter has been considered by the ACER Advisory and
Consultative Committee (AACC). The AACC will consult with employees regarding the
matter under consideration. If AACC has provided advice to the Head of Division on the
matter under consideration, such advice will be tabled for the information of the CEO. The
ACER policies are not part of this Agreement.
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Equal opportunity
ACER will maintain, and regularly review, a policy on equal employment opportunity.
Part B: Employment
This Part B does not apply to casual employees.
14 Employee appointments
14.1 Types of employment
Ongoing Appointments will be the primary mode of employment at ACER unless employment
under 14.2 (a) to (g) is warranted by the specified circumstances. Employment contracts will
state which of the below types of employment the employee is appointed under.
a) Ongoing Appointments means full time or part-time employment other than on a fixed term
or casual basis where the employment has no specified end date. Continuing Appointments
carry the same definition in accordance with grandfather arrangements in past ACER
Enterprise Agreements.
b) Fractional or part time means employment for less than the normal fortnightly hours of duty
specified for a full time employee, for which all entitlements are paid on a pro-rata basis
according to service fraction employed.
c) Fixed Term Contracts means employment that has a specified end date and can be made on
a full time or part time basis in accordance with clause 14.2.
d) Seasonal Appointments are a form of employment whereby the workload only occurs during
certain times of the year. These appointments can be on an ongoing or fixed term basis, and
can be part time or full time. Employees will be placed on leave without pay during ‘down
periods’ and will not accrue leave entitlements or be paid superannuation during this time.
e) Casual Appointments mean occasional, ad hoc or incidental employment. A casual
employee is engaged by the hour to meet short term business needs, on the basis that each
engagement is a separate and distinct period of service.
14.2 Fixed Term Contracts
a) Fixed term contracts will only be used in the instances where work activities fall within the
description of one or more of the following circumstances:
b) “Graduate Contract” of up to two years for the purposes of participating in a graduate
rotation scheme. Positions are only open to candidates who are no more than two years
past graduating from university at date of commencement; or
c) A “Test Developer Initial Term Contract” of two years where the position is for an
initial appointment as a test developer at Research Officer, Research Fellow or Senior
Research Fellow level. Where a subsequent contract is to be offered, the appointment will
be made under clause 14.1 (a); or
d) A “Limited Term” of up to two years where the project work is supported by contingent
funding as in work in a new area, a pilot or trial project and it is not known if it will be
required on an ongoing basis. Where a subsequent contract is to be offered, the
appointment will be made under clause 14.1 (a); or
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e) A “Fixed Term Project” of up to two years where the work is for a specified project
where it is known at the time of offer that the work will not be required beyond the term of
the contract; or
f) A “Leave Replacement” where an employee is appointed to specifically replace an
existing employee who are on paid or unpaid leave, including, but not limited to: parental
leave; annual leave; personal leave; long service leave; or takes a temporary reduction in
time fraction; or is temporarily reassigned to undertake another position; or
g) A ‘Recruitment Vacancy Limited Term” of less than one year where an existing position
is vacated and ACER needs to fill the vacancy pending recruitment of an ongoing
employee.
h) A “Transitional Fixed Term Contract” created under the transitional arrangements in
clause 14.2 of the previous Enterprise Agreement.
Employees appointed under clause 14.2 (other than h) do not require a review of their
arrangement and their contract will end on the contracted date.
14.3 Transitional arrangements
Employees on a Transitional Fixed Term Contract will have their contract reviewed by a
Contract Review Committee in accordance with the following provisions.
Employees who are appointed on Transitional Fixed Term Contracts under clause 14.2 are
given the following minimum periods of notice of the decision about a further offer of
employment:
(a) For two year or less contracts - three months prior to the expiry of the contract.
(b) For three year contracts - four months prior to the expiry of the contract.
(c) For five year contracts - six months prior to the expiry of the contract.
The Contract Review Committee will consist of at least a Divisional Head or delegate as
Chair, and one or two employees senior to the position being reviewed who are familiar with
the work of the employee.
The Committee will consider:
(a) the skills and expertise required by ACER;
(b) continued requirement for the work;
(c) the skills, expertise and accomplishments of the employee.
The Committee may seek information from the employee’s direct supervisors and may seek
information from other relevant employee. The employee may submit, or be requested to
submit, relevant material or information to the Contract Review Committee. An employee
may request that an ACER Human Resources officer or a Diversity Contact Officer
participate in the contract renewal process.
The Chair of the Committee will make a recommendation to the CEO or Delegate regarding
any further offer of employment in accordance with clause 14.1 (a) to (f). An employee
cannot be offered any further Transitional Fixed Term Contract other than the initial
Transitional Fixed Term Contract created under this provision. The decision to offer or not
to offer further employment will be a matter solely for the CEO or their delegate. The
Committee may meet as a virtual Committee.
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A employee on a Transitional Fixed Term Contract who, after at least five years continuous
service is not offered further employment, will receive a payment of two weeks per year of
service, calculated at their average service fraction, upon ceasing employment with ACER,
unless terminated under the provisions of clause 21 relating to Misconduct.
14.4 Approval of positions
The creation, variation and filling of all positions, other than casual positions, are at the
discretion of the CEO. Once the CEO has approved a request to recruit to a position
then the relevant Divisional Head has the authority to approve the appointment.
14.5 Probation
New employees will be required to complete a probationary period of three months at the
commencement of their employment with ACER.
A probation period of 3 months may be extended where additional time is required to
further assess suitability for confirmation of employment provided that the total period of
such probation does not exceed the 6 months minimum employment period specified in
section 383 of the Fair Work Act 2009.
Subject to the approval of the Director Human Resources and relevant Head of Division
new employees may be required to complete a probation period of six months at the
commencement of employment, if it is reasonable having regard to the nature of the
position.
New employees appointed on short fixed term contracts will not have a probationary
period that extends beyond half the term of the contract, with a maximum probation period
of six months. Any second or subsequent fixed-term contracts, or ongoing appointments
thereafter will not contain a further probationary period, unless it is for a position where
the duties are substantially different.
Upon commencement with ACER the line manager will provide the employee with
information about the requirements of the position, the expected standard of performance
and details of the probation process. The line manager will be expected to monitor the
employee’s performance and provide regular feedback throughout the probation period.
15 Hours of duty and workloads
15.1 Hours of duty
The standard working fortnight for full time employees is 73 hours 20 minutes, and pro rata
for employees on fractional appointments.
Fractional employees are engaged to work a specified number of hours per fortnight which
is less than the ordinary fortnightly hours for a full-time employee in the same classification.
By agreement between the fractional employee and a member of Senior Management, the
employee may work additional ordinary hours in a fortnight up to the standard full time
hours to meet a short term need. Such additional hours will be paid at ordinary rates unless
the provision for overtime in clause 16.9 is applicable. Unless otherwise agreed in writing
by the relevant member of Senior Management a fractional employee will work on regular
nominated days. A fractional employee shall be paid pro-rata according to the number of
hours worked based on the salary rate prescribed by the Agreement for a full time employee
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in the same classification
The ordinary hours of attendance for full-time employees are 8.40am to 5.00pm Monday to
Friday with one hour unpaid time taken for lunch between 12.00pm and 2.00pm, although
work requirements or the circumstances of employees may give rise to a different spread of
hours being agreed. Employees will not be required to work in excess of 5 hours before
being granted an unpaid meal break.
To ensure the health and safety of all employees, all employees should get a minimum break
of 10 hours between finishing work on one day and starting work the next day. Work
includes any reasonable additional hours, flexible working arrangements or overtime.
15.2 Workload
The following principles will apply to the allocation of work for ACER employees:
a) ACER will as far as possible ensure that no employee is assigned a workload that
cannot reasonably be undertaken within the employee’s ordinary hours of work and
provide a balance between the employee’s goals, needs and commitments of the
organization.
b) Employee workloads will be managed in the context of the responsibilities within the
relevant position description/s, the employee/s level of employment and ordinary hours
of work.
c) In the first instance, concerns about workload should be raised by the employee/s with
their line manager. The line manager should respond within 10 working days of
receiving such a request.
d) If the employee/s remain concerned, they may request a review of their workload. This
request must be made in writing and set out details of the workload and the reasons why
the workload is beyond the expectations of their position description, level of
employment and/or ordinary hours of work.
e) On receipt of a request under this clause, ACER must give the employee/s a written
response with 10 working days, stating whether ACER agrees to or refuses the request.
f) If ACER refuses the request for a review under clause 15.2(e), the written response
must include details of the reasons for the refusal.
g) If ACER agrees to the request, a review of the workload of the employee/s will be
conducted. Following completion of the review, the employee/s and ACER shall agree
on necessary adjustments that are required to ensure the workload for the employee/s is
within the scope of their position description, level of employment and ordinary hours
of work.
15.3 Home based work
ACER may consider the possibility that some of an employee’s time may be spent working
from home on an ongoing or occasional basis. Requests to work from home need Head of
Division approval. Where requests to undertake home based work are refused, ACER will
provide the employee with the reasonable business grounds for such a refusal.
Employees who are approved to work from home are expected to abide by relevant
occupational health and safety (OHS) requirements and establish a home office that is
ergonomically sound and has appropriate lighting and temperature control.
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16 Remuneration and allowances
16.1 Basis of assignment to salary scales
All employees are to be assigned to a position with an accompanying position description.
Each position has an associated job size which determines the salary scale to which an
employee is assigned. Salary scales are set out in Schedule 1.
16.2 Determination of job size
Job size is determined by the CEO having regard to the principles in Schedule 1. The CEO’s
decision is to be made following advice from a Position Evaluation Committee (PEC).
16.3 Position Evaluation Committee
The Position Evaluation Committee (PEC) comprises:
(a) three members representing employees, one of whom shall be an employee from the
ACER CPSU Branch section committee; and
(b) three members appointed by the CEO, one of whom shall chair the PEC.
The PEC will provide advice regarding position size to the CEO. Such advice will be
informed by the result of position sizing using the software product “JOBSCORE” supplied
by Insightpay. The PEC will determine the procedures it employs in reaching such
evaluation decisions. The PEC may consult with the relevant line manager or other
employees with knowledge of the requirements of the position.
16.4 Notification of job size and market loadings
The Director Human Resources will notify members of the PEC regarding a position size
that has been determined and whether a labour market salary loading has been applied.
16.5 Incremental progression
Employees are entitled to automatic annual progression within the salary range of the level
of their appointment until the top salary point is reached, unless the CEO decides to
withhold an annual increment following a judgement that an employee’s performance during
the year has been unsatisfactory as provided in clause 20.
The date of annual increment for employees is the anniversary of their date of
commencement with ACER, except for employees who are advanced. In this case the
increment should occur on the anniversary of their advancement date.
16.6 Employees advancement
In the case that an employee’s position description is judged to no longer be an adequate
description of the employee’s current role or of ACER’s requirements, a proposal may be
made to the CEO to advance the employee to an alternative, more senior position.
A proposal for advancement to a more senior position may be made at any time by the
relevant Head of Division or the employee. Such a proposal must be in writing and be
accompanied by a proposed position description. It may be accompanied by a copy of the
most recent Annual Performance Review and other relevant material.
If the CEO approves advancement to a position that does not have an established job size,
then the CEO may authorise the PEC to size that position.
If an employee’s current salary is beyond the top of their new scale then their salary will be
maintained.
General employees
The proposed position may be a previously established position and so have an existing
position description and job size, or may be a newly proposed position without an
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established job size. The proposal should make clear the basis for the proposed change with
respect to the current or anticipated needs of ACER.
Job size 400 and lower
Each proposal for advancement to a more senior position is considered by the relevant Head
of Division who makes a recommendation to the CEO.
Above job size 400
Each proposal for advancement to a more senior position is considered by an ad hoc
committee comprising at least two members from senior management nominated by the
CEO. This committee makes a recommendation to the CEO.
In the case of research employees, advancement is to one of the generic research positions
referred to in Schedule 1.
Research Officer 1 & 2 and Research Fellow 1 & 2
Each proposal for advancement to Research Officer 1 & 2 and Research Fellow 1 & 2 is
considered by the relevant Head of Division who makes a recommendation to the CEO.
Senior Research Fellow 1 & 2 and Principal Research Fellow
Each proposal for advancement to Senior Research Fellow 1 & 2 and Principal Research
Fellow is considered by an ad hoc committee comprising at least three members of Senior
Management nominated by the CEO and who makes a recommendation to the CEO.
Feed back when advancement not approved
In the case that the CEO decides not to advance an employee to a more senior position, the
CEO will ensure that the relevant Head of Division or delegate will, shortly after the
decision is made, meet with the employee and the employee’s line manager to review, and
where appropriate revise the employee's annual objectives in the light of this decision.
16.7 Salary loading
The CEO may determine that a salary loading will be paid to take into account labour
market conditions, or particular duties that are not provided for by the payment of a higher
duties allowance.
16.8 Higher duties allowance
ACER recognises the need to provide a Higher Duties Allowance for employees who are
requested to perform the duties of certain key positions when the incumbents of those
positions are absent from ACER for at least ten consecutive working days and not more
than twelve months. Higher duties can also be applied temporarily in instances where
ACER needs to fill a vacancy of an existing position. The payment of a Higher Duties
Allowance is at the discretion of the Head of Division. Should the Higher Duties Allowance
be approved, the employee will be advised whether full or partial responsibilities of the
higher position are to be performed, and the amount and anticipated duration of the Higher
Duties Allowance. If the organisation’s requirement for the performance of work at a higher
level is for one year or more, then the CEO will offer a Notice of Variation to Contract at an
appropriate salary level for the duration of the period of work at the higher level:
(a) Where an employee performs the full duties of the higher office, they are paid an
allowance equal to the difference between the relieving person's actual salary and the
minimum salary of the higher position.
(b) Where an employee performs a portion of the duties of a higher office, they are paid
an allowance determined through an assessment, by the CEO of the amount of
additional responsibility accepted.
(c) If the duties of the higher position are shared between two or more persons, the total
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allowance payable does not exceed the difference between the most senior reliever's
salary and the minimum salary of the higher position.
(d) Where an employee is offered a Higher Duties Allowance, the allowance is payable
from the date they commenced performing the higher duties.
(e) An employee shall not be penalised in any way for a refusal to perform higher duties.
While it is ACER’s preference to support the development and advancement of its
employees, the CEO retains the discretion to appoint a person from outside to perform the
duties of any position which has become temporarily vacant.
16.9 Provisions for employees entitled to overtime
Entitlement to approved overtime
Payment for overtime is only made to employees who occupy positions with a job size of
up to and including 400 points.
A relevant Head of Division or delegate must authorise the working of overtime in
advance. Overtime will apply where an employee is required to work more than 73 hours
20 minutes per pay fortnight.
Approved overtime is paid at the following rates:
Weekdays time and a half for the first three hours and double time thereafter;
Saturdays time and a half up to 12 noon (or the first three hours whichever
occurs first) and double time thereafter;
Sundays double time;
Public Holidays double time.
Except in an emergency or where reasonable notice has been given, an employee may refuse
to work overtime where this interferes with the employee’s personal commitments.
Variation to hours for employees entitled to overtime
For employees entitled to overtime under the provisions of this clause, any ongoing request
for regular variation to ordinary hours of attendance must be approved by the appropriate
Head of Division or delegate.
Entitlement to approved time off in lieu of overtime
With the approval of the appropriate Head of Division or delegate, employees eligible for
overtime payment may elect to be given time off in lieu of overtime worked calculated at
ordinary time.
Entitlement to childcare expense reimbursement
Where an employee who is entitled to overtime under provisions of this clause is:
(a) required by ACER to work outside their ordinary hours of work; and
(b) provided with less than 24 hours’ notice of the requirement to perform overtime.
The employee will be reimbursed for reasonable childcare expenses incurred.
Evidence of expenditure incurred by the employee must be provided to ACER as soon as
possible after the working of such overtime.
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16.10 Provisions for employees not entitled to overtime
Employees not entitled to overtime under the provisions of clause 16.9 are entitled to
manage their working hours in a flexible manner that fulfils their professional responsibility
to meet work obligations and in order to avoid working in excess of a standard working
fortnight.
Employees must liaise with their line manager and with colleagues as appropriate to ensure
proper communication regarding their hours of attendance.
A Head of Division or delegate must authorise in advance an employee to work agreed
hours in excess of a standard working fortnight. A record of such hours will be kept and
signed by the employee and their manager. Employees are entitled to take time-in-lieu of
such excess hours, calculated at ordinary time, at a time that is mutually acceptable to the
employee and the relevant Head of Division or delegate.
16.11 Meal allowances
No employees eligible for overtime payment shall be required to work more than five hours
continuously without a meal break of at least half an hour. A meal allowance as set out in
Schedule 3 shall be paid as follows:
Weekdays when approved overtime has been worked beyond the ordinary
hours of work for at least two hours;
Other Where approved overtime has been worked for at least five hours.
Other employees may claim meal allowances at the rate above when, with the approval of
the appropriate member of Senior Management, they work beyond ordinary hours for at
least two hours on weekdays and at least five hours on Saturdays, Sundays and Public
Holidays.
16.12 On-call security
Employees who have agreed, upon the invitation of ACER, to be available to respond as
they are able to out of hours security calls shall be provided with a mobile phone for such
business purposes and shall be paid an “on-call’ security allowance as set out in Schedule 3.
Such arrangements may be terminated at the discretion of the CEO. The “on-call” security
allowance is not payable for periods of paid or unpaid leave greater than 10 days.
If employees attend an ACER building out of hours in response to a security call then the
employee shall be paid overtime rates at double the normal hourly rate of pay, plus
kilometres travelled reimbursed at the rate as set out in Schedule 3. Such hours shall be
calculated from the time the employee commences travelling to ACER until the employee
returns home or to the place from which the employee was called.
16.13 First aid allowance
An employee who possesses a current recognised first aid certificate and a continuing ability
to undertake first aid responsibilities and who has been appointed as a First Aid Officer will
be paid at the rate as set out in Schedule 3 for the duration of the appointment. Such
allowances are paid on a pro rata basis for part-time employee appointed as First Aid
Officers. The First Aid Allowances is not payable for periods of paid or unpaid leave greater
than 10 days.
A current recognised first aid certificate means one issued by a RTO Registered Training
Organisation (RTO) having met the Australian Quality Training Framework (AQTF)
Standards, and which has been obtained within the previous 3 years.
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16.14 Chief Warden allowance
An employee who has been appointed as a Chief Warden or Acting Chief Warden will be
paid at the rate as set out in Schedule 3 for the duration of the appointment. Such allowances
are paid on a pro rata basis for part-time employee appointed as Chief Warden. The Chief
Warden Allowance is not payable for periods of paid or unpaid leave greater than 10 days.
16.15 Employee travel and reimbursement of reasonable expenses
ACER will ensure that employees are not financially disadvantaged by undertaking travel
for work. The provisions for travel, reimbursement and recovery will be contained in an
ACER Travel Policy that will reflect the following principles:
(a) reasonable class of accommodation;
(b) choice of per diem or reasonable expenses for meals and incidentals;
(c) where travel is required employees are encouraged to travel in work time or where
work time travel is not possible, reasonable time in lieu will be provided;
(d) lounge access for travel where layovers are excessive; and
(e) class of fare commensurate with the frequency and distance travelled
17 Professional development
17.1 Annual performance review
Employees other than those appointed for a term of less than twelve months will participate
in an annual process to set objectives, review progress against objectives and review
performance more generally. Such reviews should be confidential to the individual, the
nominated line manager, the relevant Head of Division, Human Resources and the CEO.
New employees may meet with their line manager as soon as practicable after
commencement in order to establish objectives for the ensuing year.
Any dispute concerning the party’s obligations under this clause shall be dealt with in
accordance with clause 10.
17.2 Annual professional development review
At least one meeting will be scheduled during each year between employees and line
manager/s, unless otherwise agreed at the initiative of employees, to discuss the employee’s
professional learning and development.
ACER provides a budget to assist employees to participate in training and professional
development, including courses of study that increase the range and level of their expertise
and skills, and that contribute to ACER’s objectives.
17.3 Professional development support
ACER may, at the discretion of the CEO, grant study leave and/or fee support where the
following criteria are met:
(a) the course is directly relevant to the work of the employee at ACER; or
(b) the course, while not being directly relevant to the work of the employee, is related to
the work of ACER and is important to the career development of the employee.
Fee support, including HELP, may be granted on the following basis:
(a) where the course meets criterion (a) above up to full fee support may be granted
(b) where the course meets criterion (b) above partial fee support may be granted
The CEO shall determine if fee support will be granted, and the extent of support, on the
basis of the above criteria and the availability of funds.
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Study leave may comprise one or more of the items approved from the following list:
(a) Paid study leave to a maximum of five hours per week for travel to and attendance
at mandatory supervised study activities which are not available outside working
hours;
(b) Leave to attend supervised study activities (e.g. practical work), with fluctuating
weekly attendance requirements to the extent of the total of any paid study leave
not availed of within the limit of five hours per week;
(c) Leave to attend compulsory full-time segments or part-time or correspondence
courses on an on-duty basis to the extent of the total of any paid study leave not
availed of within the limit of five hours per week;
(d) Paid study leave up to five days per year; and
(e) Leave on a make-up basis, annual leave or leave without pay for supervised study
activities.
ACER may require proof of study activities, exams or other compulsory activities when
approving study leave and/or fee support.
17.4 Informal counselling
Informal counselling may be implemented at any time to outline a process for improving the
skill development of an employee. The aim of informal counselling is to raise areas of
required development with the employee and agree on an approach to address these areas.
The focus of this development may not be purely on the development of technical or job
related skills.
Part C: Other conditions of service
Except where expressly stated this Part does not apply to casual employees.
18 Superannuation
ACER makes superannuation contributions to UniSuper, the superannuation fund
administered by Unisuper Limited. Contributions will be made to UniSuper as described
below.
18.1 Defined Benefit Division/Accumulation 2
Employees aged less than 65 years in either of the categories below appointed after the 1
July 1984 must join the Defined Benefit Division:
continuing employees who hold full-time appointments or fractional appointments of
not less than 50% of the equivalent full-time appointment;
contract employees who hold full-time appointments or fractional appointments of not
less than 50% of the equivalent full-time appointment, and whose contracts of
appointment are for periods of more than one year.
Short term contract employees whose initial appointment for one year or less is renewed by
a further contract and whose total appointment will then exceed 12 months must join the
Defined Benefit Division/Accumulation 2 from the date of renewal.
Employees eligible for membership of the Defined Benefit Division/Accumulation 2 will
automatically contribute at the standard rate of 7% of salary by automatic deduction from
salary, whilst ACER contributes 17% of salary (14% to the defined benefit component and
3% to the accumulation component). Employees may make an election to reduce the
standard rate of member contributions in accordance with the UniSuper Trust Deed.
http://www.unisuper.com.au/home
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Employees have the option to transfer from the Defined Benefit Division to Accumulation 2
within 12 months of joining the Defined Benefit Division. Further details regarding this
option will be provided by UniSuper directly to the employee after joining the Defined
Benefit Division.
18.2 Accumulation 1
ACER contributes at the statutory superannuation contribution guarantee rate for full–time
and fractional employees who are not members of the Defined Benefit
Division/Accumulation 2, and casual employees who earn more than the superannuation
guarantee threshold per month or where this criterion is not met, where gross salary exceeds
a statutory threshold in any month.
18.3 After-tax contributions to superannuation
Employees may make after-tax voluntary member contributions to their accumulation
account.
18.4 Before-tax contributions to superannuation
Employees may make before tax voluntary (salary sacrifice) contributions to UniSuper.
18.5 Choice of Super fund
UniSuper Ltd is the default fund for employee membership and contributions. However,
employees may elect to nominate an alternative registered superannuation fund on approval of
this Agreement by the Fair Work Commission.
19 Leave
19.1 Annual leave
Full time employees are entitled to twenty working days (146 hours 40 minutes) annual
leave for each year of employment. Fractional employees are entitled to pro-rata annual
leave.
Annual leave accrues on a pro-rata basis and is cumulative.
Full time employees who have accumulated more than 40 days annual leave entitlement
(and pro-rata for fractional employees) can be directed to take their excess accumulated
annual leave entitlement. Employees may also be directed to take annual leave during
periods of any shut downs provided that the employee has that amount of annual leave
credited to them.
Annual leave may be taken at times which are mutually suitable subject to any operational
requirements.
A period of annual leave does not include any public holiday or work day which ACER may
take as a holiday.
Employees who require personal leave during annual leave are re-credited annual leave and
placed on personal leave on production of a medical certificate.
An employee may apply to the Director Human Resources to cash out their annual leave due
to financial hardship. In deciding to approve such a request the Director Human Resources
will consider the financial circumstances provided, the balance of other leave entitlements,
previous leave patterns and the need for the employee to retain a balance of 4 weeks annual
leave.
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19.2 Public holidays
When an ACER employee's ordinary hours of work occur on a public holiday, the employee
is entitled to a paid absence for the day or part day that is the public holiday. ACER
employees are entitled to the public holidays in the place where the employee is based for
work purposes.
19.3 ACER holidays
Employees are granted the week days that are not public holidays between 26 December and
1 January as additional leave.
19.4 Personal / carers’ leave and compassionate leave
Paid personal / carers’ leave
Full time employees are entitled to twenty working days (146 hours 40 minutes) personal
leave for each year of employment. Fractional employees are entitled to pro-rata personal
leave. No restriction exists on the amount of accrued personal leave which can be taken at
any one time.
Personal leave accrues on a pro-rata basis and is cumulative.
Leave in excess of three consecutive days (22 hours) must be supported by a registered
health practitioner’s certificate, statutory declaration or other satisfactory evidence. If an
employee has taken 5 uncertificated leave days in a calendar year, the Director Human
Resources in conjunction with the relevant line manager may require the employee to
provide a certificate from a registered health practitioner for all subsequent occasions in that
year.
Deductions will be made from salary for personal leave in excess of the accrued entitlement.
Pay in lieu of unused personal leave cannot be claimed on resignation.
In circumstances where an immediate family and / or household member is ill, injured or
subject to an unexpected emergency employees may elect to take leave from their accrued
personal leave as carers’ leave. Fractional employees are entitled to pro rata carers’ leave for
absence on days they ordinarily work.
A period of Personal / Carers’ leave does not include any public holiday or work day which
ACER may take as a holiday.
Compassionate leave
An employee is entitled to three days of compassionate leave for each occasion (a
permissible occasion) when a member of the employee’s immediate family, a member of the
employee’s household, or other person approved by the Director Human Resources:
(a) contracts or develops a personal illness that poses a serious threat to their life; or
(b) sustains a personal injury that poses a serious threat to their life; or
(c) dies.
An employee may take compassionate leave for a particular permissible occasion if the
leave is taken:
(a) to spend time with the member of the employee’s immediate family or household who
has contracted or developed the personal illness, or sustained the personal injury; or
(b) after the death of the member of the employee’s immediate family or household.
An employee may take compassionate leave for a particular permissible occasion as:
(a) a single continuous three day period; or
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(b) three separate periods of 1 day each; or
(c) any separate periods adding up to 22 hours to which the employee and their employer
agree.
If the permissible occasion is the contraction or development of a personal illness, or the
sustaining of a personal injury, the employee may take the compassionate leave for that
occasion at any time while the illness or injury persists.
Leave in excess of three consecutive days (22 hours) must be supported by a registered
health practitioner’s certificate, statutory declaration or other satisfactory evidence.
If, in accordance with this Subdivision, an employee, other than a casual employee, takes a
period of compassionate leave, the employer must pay the employee at the employee’s base
rate of pay for the employee’s ordinary hours of work in the period.
Casual employees
For casual employees, compassionate leave is unpaid leave.
19.5 Long service leave
(a) Long service leave is paid at an employees’ ordinary pay. For the purposes of this
clause, ordinary pay means the rate of pay that an employee is entitled to receive at the
time they take long service leave.
(b) Full-time and fractional employees are entitled to paid long service leave on the
completion of seven years of continuous paid employment.
Full-time employees are entitled to 9.1 weeks (45.5 days) of paid long service leave on
completion of seven years of continuous paid employment and thereafter an additional
1.3 weeks (6.5 days) of paid long service leave for each additional year of continuous
paid employment.
For full time and fractional employees, long service leave accrues each fortnight based
on the following formula:
6.5 days divided by 365/14 x average service fraction for the fortnight.
(c) Long service leave must be taken at a time mutually agreeable to the CEO and the
employee. Postponement will not result in any loss of entitlement. Applications for long
service leave must be recommended by the relevant Head of Division taking into
account the requirements of ACER and approved by the CEO at least one month before
the leave is taken.
(d) An entitlement to long service leave in excess of 18 weeks must not be accumulated
unless with the written approval of the CEO.
(e) Employees who have accumulated more than 18 weeks long service leave entitlement,
and who have not submitted an acceptable plan to reduce their leave entitlement to no
more than 18 weeks, may be required by 12 weeks written notification by the CEO to
take long service leave for a specified period sufficient to return their long service leave
entitlement to no more than 18 weeks, unless otherwise agreed.
(f) The employee will then be treated as being on long service leave for the specified
period even if the employee chooses to attend work contrary to the direction of the
CEO.
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(g) Employment is considered to be continuous notwithstanding any period of authorised
paid leave. Any periods of leave without pay, are excluded in calculating the period of
continuous employment, apart from unpaid parental leave and unpaid personal leave
(sick and carers). Termination followed by re-employment within 12 weeks is not
counted as termination of employment but is excluded in calculating the period of
continuous employment.
(h) Where an employee has completed seven years or more continuous employment and
their employment ceases payment is made for all outstanding accrued long service leave
entitlement that has not already been taken as calculated in clause 19.5(b).
(i) Any employee who:
(i) resigns because of ill-health; or
(ii) is terminated due to redundancy; or
(iii) is over the age of 60 years and who either resigns or elects not to accept an offer
of a further term of employment in order to retire from the workforce
may at the discretion of ACER be paid pro-rata in lieu of long service leave if service
exceeds four and is less than seven completed years.
(j) In the event of an employee dying while employed by ACER, pay equivalent to any
entitlement to long service leave is paid to the estate of the employee.
(k) The minimum period of absence on long service leave is one day
(l) Leave is normally taken on ordinary pay, however it can be taken at half pay if such
extension, provided it does not have a detrimental impact on the operational needs of
ACER.
(m) The pay of an employee on long service leave is paid fortnightly during the period of
leave, unless otherwise requested by the employee.
(n) No employee is permitted to engage in any employment for hire or reward whilst long
service leave is being taken, unless the approval of the CEO has been obtained.
(o) A period of long service leave does not include any public holiday or work day which
ACER may take as a holiday.
(p) Employees who require personal leave during long service leave will be re-credited
long service leave and placed on personal leave on production of a medical certificate.
(q) An employee may apply to the Director Human Resources to cash out their long service
leave due to financial hardship. In deciding to approve such a request the Director
Human Resources will consider the financial circumstances provided, the balance of
other leave entitlements, previous leave patterns and the need for the employee to retain
annual leave. The Director Human Resources will advise the line Manager were such
requests are approved, however the details will remain confidential.
19.6 Pre-natal leave
For pregnant employees:
In addition to other leave provisions, an employee who presents a medical certificate from a
doctor stating they are pregnant will have access to paid leave as follows:
35 hours pre-natal leave to attend medical appointments associated with pregnancy.
Each absence must be covered by a certificate from a medical practitioner or midwife.
Such absences may be for part of a day.
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For employees whose partners are pregnant:
An employee who has a partner who is pregnant will, upon presentation of a medical
certificate providing confirmation of the partner’s pregnancy, have access to paid leave as
follows:
7.5 hours pre-natal leave to attend medical appointments. Each absence must be covered
by a certificate from a medical practitioner or midwife. Such absences may be for part
of a day.
19.7 Parental leave
Employees are entitled to parental leave in accordance with the Fair Work Act
2009. Parental leave includes primary carer leave, partner leave and adoption leave.
To access ACER paid parental leave, an employee must have worked a minimum period of
12 consecutive months before the commencement of the parental leave.
Where a public holiday or any ACER holiday occurs when an employee is taking ACER
paid parental leave, the employee is entitled to take the paid public holiday or paid ACER
holiday instead of their paid parental leave.
Where a public holiday or any ACER holiday occurs when an employee is taking unpaid
parental leave, the employee is NOT entitled to take the paid public holiday or paid ACER
holiday.
Primary carer leave
Employees are entitled to 18 weeks paid primary carers leave or 36 weeks at half pay on the
birth of or placement of an adopted child where they are to be the primary care giver.
Partner leave
Employees are entitled to 3 weeks paid partner leave on the birth or adoption of a child
where they are the partner of the primary care giver.
19.8 Military service leave
For employees who are members of the Defence Reserve they are entitled to:
(a) up to 15 days paid leave per annum, non-cumulative, for the purpose of attending
naval, army, or airforce service or training; and
(b) additional reasonable unpaid leave on special request from the Defence Force or if
the employee is able to demonstrate that they must attend for service or training in
addition to the days referred to above;
to be taken in accordance with the ACER Leave Policy as varied from time to time.
19.9 Community services leave
An employee who engages in an eligible community service activity as defined in s109 of
the Fair Work Act 2009 is entitled to paid absence from their employment for a period if:
(a) the period consists of one or more of the following:
(iv) time when the employee engages in the activity;
(v) reasonable travelling time associated with the activity;
(vi) reasonable rest time immediately following the activity; and
(b) Unless the activity is jury service—the employee’s absence is reasonable in all
the circumstances.
Where practical the employee must give the relevant Head of Division or delegate at least 24
http://www.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s70.html
http://www.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s70.html
http://www.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s70.html
http://www.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s109.html
http://www.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s109.html
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hours written notice of such leave and indicate the proposed or likely period of absence on
such leave.
Jury service
Employees who are required to be absent for the purpose of attending jury service during
normal working hours will receive their base rate of pay as per Section 111 of the Fair Work
Act 2009.
19.10 Leave without pay
Employees may apply for both short-term and long term Leave without Pay (LWOP).
ACER may require an employee, taking leave without pay of more than 10 days approved
under Clause 19.1 to 19.16, to take part or all of paid annual leave they have accumulated
above one year entitlement.
19.11 Purchased leave
All employees who have attained at least 12 months service with ACER, other than exempt
and casual employees, may apply for Purchased Leave which is a reduction in a
participating employee’s service fraction to either 51/52 or 50/52 or 49/52 or 48/52 of the
employee’s ordinary service fraction for the twelve-month period.
Employees participating in the Purchased Leave scheme will not be disadvantaged
with respect to professional development, conference attendance, promotion or other
career advancement opportunities.
Employees who have had Purchased Leave arrangements approved will have any
unused Purchased Leave paid back to them at the conclusion of the 12 month period.
19.12 Religious, cultural and ceremonial leave
Ceremonial leave with pay will be granted to an employee of Aboriginal or Torres Strait
Islander descent for ceremonial purposes connected with the death of a member of the
immediate family or extended family or for other ceremonial obligations under Aboriginal
and Torres Strait Islander law.
Up to 5 days Leave will also be granted to employees whose religious ceremonies occur on
days other than those prescribed as public holidays. Such leave will be taken as leave
without pay, annual leave or where it is determined by ACER that it safe to do so, in lieu of
public holidays, unless alternative arrangements are approved by the relevant member of
Senior Management.
19.13 Blood donation leave
Employees who are absent for the purpose of donating blood during working hours may be
granted paid leave for up to 2 hours per occasion, subject to a maximum of four attendances
per year. The absence should be on a day and at a time convenient to ACER. Notice of
intended absence must be given to the relevant Senior Manager.
19.14 Post travel leave
Where employees are required to make trips of over 10 hours’ flight duration, recovery
leave of one day off-shore and one day in Australia may be taken.
At the discretion of the CEO upgraded travel arrangements may be provided where the
employee is required to make more than three trips of less than five days duration
within a year of over 10 hours flight duration.
For employees who are required to undertake travel on ACER business outside normal
http://www.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s111.html
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business hours, additional support for unavoidable domestic expenses may be provided at
the discretion of the CEO.
These provisions do not apply to conference travel and outside studies programs.
19.15 Domestic / family violence leave
ACER recognises that employees sometimes face situations of violence or abuse in their
personal life that may affect their attendance or performance at work.
Therefore, ACER is committed to providing support to employees that experience
domestic violence.
ACER accepts the definition of domestic violence as provided by the Family, Violence
Protection Act 2008 (Victoria) and recognises that it includes physical, sexual, financial,
verbal or emotional abuse by a family/household member, including behaviour by a
family/household member that causes a child to hear, witness, or otherwise be exposed to
the effects of this behaviour.
All personal information concerning domestic violence will be kept confidential in line with
relevant legislation. No information will be kept on an employee’s personnel file without
their express written permission.
No adverse action will be taken against an employee if their attendance or performance at
work suffers as a result of experiencing domestic violence.
An employee experiencing domestic violence may raise the issue with their immediate line
manager or Human Resources.
An employee experiencing domestic violence will have access to their personal leave,
annual leave or unpaid special leave for medical appointments, legal proceedings and other
activities related to domestic violence. This leave may be taken as consecutive or single days
or as a fraction of a day.
An employee who supports a person experiencing domestic violence may take carers’ leave
to accompany them to court, to hospital, or to mind children while the person being
supported does attend these appointments.
An employee and their immediate family experiencing domestic violence may access the
ACER Employee Assistance Program (EAP). Such assistance may be extended beyond the
standard three consultations with the approval of the Director Human Resources.
In order to provide support to an employee experiencing domestic violence and to provide a
safe work environment to all employees, ACER may approve any reasonable request from
an employee experiencing domestic violence aimed at alleviating their situation. These
include:
(a) changes to their span of hours or pattern or hours and/or shift patterns;
(b) job redesign or changes to duties;
(c) relocation to suitable employment within ACER;
(d) a change to their telephone number or email address to avoid harassing contact; and
(e) any other appropriate measure including those available under existing provisions for
family friendly and flexible work arrangements.
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Proof of domestic violence may be required where the employee may benefit from flexible
arrangements, relocation, additional leave and/or consideration in respect to performance.
This proof can be in the form of an agreed document issued by the Police Service, a Court, a
Doctor, a Domestic Violence Support Service or Lawyer.
19.16 Leave to attend alcohol and drug or problem gambling rehabilitation program
ACER recognises the need to support employees who may suffer from alcohol, drug or
gambling addictions and will support employees in their attempts to seek appropriate
treatment.
An employee experiencing alcohol, drug or gambling addiction problems will have access to
their personal leave, annual leave or unpaid special leave for treatment programs, medical
appointments and other activities related to the treatment of their addiction. This leave may
be taken as consecutive or single days or as a fraction of a day.
An employee who supports a person experiencing addiction problems may take carer’s leave
to accompany them to treatment programs, medical appointments and other activities related
to the treatment of their addiction, or to mind children while the person being supported
attends these appointments.
An employee and their immediate family experiencing alcohol, drug or gambling addiction
problems may access the ACER Employee Assistance Program (EAP). Such assistance may
be extended beyond the standard three consultations with the approval of the Director
Human Resources.
20 Performance improvement and unsatisfactory performance
ACER recognises that from time to time, individual performance can be affected by lack of
role clarity, lack of the particular skills required for a task, insufficient resources or external
factors that may impact on the ability or motivation of the employee to complete particular
tasks or roles. ACER’s performance improvement process is developmentally focused and
first aims to identify the factors that impact on performance and attempt to remedy them. An
employee may seek assistance at any time during the process.
A judgement that an employee’s performance is unsatisfactory can be made at any time during
a year. Such a judgement will be made by the line manager after consultation with the line
manager’s Manager and HR representative and will take account of the employee’s position
description and annual performance review, where one has been completed. ACER recognises
that it is good practice to participate in an annual performance review process as per clause
17.1, however it is not a requirement to proceed with performance discussions in accordance
with this clause.
Prior to commencing the Performance Improvement process the Employer must:
a) Consider organisational and/or personal factors that play a role in the employee’s
underperformance and consider alternatives to the Performance Improvement process
for addressing the problem; and
b) Have a reasonable expectation that the employee is capable of meeting the required
level of performance. Where the Employer and the employee agree that the employee
is not capable of meeting the required level of performance, then the Employer may
transfer the employee to a suitable alternative position where reasonably practicable;
and
c) Ensure a HR representative provides advice to the Manager (and employee as
requested) in each step of the process to ensure procedural fairness.
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When performance issues arise, the employee should be advised that there are three stages of
the Performance Improvement process, with each being regarded as more serious than the
last. Employees should be advised that failure to rectify the issues identified may result in
further action. The Performance Improvement process will be conducted in accordance with
the principles of procedural fairness and natural justice.
The employee will be provided with a reasonable opportunity to seek advice and/or
representation (from the Union or a representative of their choice) before the process
commences. The employee will also have the opportunity to provide details of any
mitigating circumstances, which must be given due consideration before proceeding.
Procedural fairness
a) The Performance Improvement process must be consistent with the principles of
procedural fairness.
b) The Employer must advise the employee of the unsatisfactory work performance.
c) The Employer must tell the employee the purpose of any meeting with reasonable
notice.
d) The employee will be provided with a copy of the Performance Improvement process
to be followed.
e) The employee may elect to respond either verbally or in writing at any step or stage
of the process.
f) The Employer will complete the process as quickly as practicably possible.
Timeframes will be considered reasonable where they are commensurate with the
issue being managed.
g) The Employer will take into account any reasonable explanation for any failure by
the employee to participate before making a decision under this clause.
First stage – informal
(a) This stage is developmentally focused and is aimed at identifying performance issues;
identifying and addressing external factors that may impact on performance; providing
clear direction regarding where improvement is required; identifying appropriate
support through coaching, mentoring or training; a face-to-face meeting with the
employee; and a clear timeframe in which improvement is expected. Such feedback
may be about individual tasks, more complex issues and/or behaviours that may be
inconsistent with ACER values and leadership behaviours as identified in the ACER
Leadership Framework.
(b) Whilst the informal approach does not have to be fully documented, for more complex
performance issues, the employee and their line manager will agree on a written
summary of their meeting highlighting the content discussed, the agreements made,
the actions to be taken and a specific date when a review of progress will be made.
(c) The employee’s line manager will document in their diary that such a meeting took
place (to demonstrate this stage has been completed) but it is not a requirement or
desirable that this informal developmental discussion be recorded on the employee’s
employment file.
(d) An employee will be given time to improve commensurate with the performance
issue/s and the ability of the employee to respond to the improvements requested.
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Second stage – formal
(a) Where the informal stage does not result in satisfactory improvement the line manager
will commence the formal performance improvement stage. When Stage 2 is
commenced the line manager will notify the relevant Head of Division and the
Director Human Resources. The line manager will brief the relevant Head of Division
and the Director Human Resources on the progress made in the informal performance
improvement stage and the reasons for moving to the formal stage. The Director
Human Resources will provide direct guidance and coaching to the line manager on
the process and best practice performance feedback. Focus will remain on attempting
to assist the employee to improve their performance.
(b) This stage will also involve a face-to-face meeting with the employee. Both parties
have the opportunity to have a support person present (who may represent but not
wholly replace the employee) at the meeting. Both parties can request the presence of
the Director Human Resources or delegate to assist the parties with the process and/or
mediation if required.
(c) In this stage the employee should be clearly advised that, while the aim is to ensure
improvement, if their performance or behaviour does not improve, dismissal for
underperformance may be the ultimate result.
(d) During the meeting both parties should investigate the possible reasons for the poor
performance. This includes asking the employee if there are any reasons outside of the
workplace that may be contributing so that a more complete perspective of the
situation is obtained.
(e) At this meeting the line manager should:
(i) Inform the employee of their non-performance, referring to any relevant
performance criteria in previous discussions/agreements, their position
description, annual performance review, or contract, or specify the behavioural
issues that are of concern that need rectifying.
(ii) Provide the employee with a minimum of one week to respond and invite input.
(iii) Mutually agree to an ACER Performance Improvement Plan (PIP) which should
include an opportunity for the employee to improve through appropriate training,
coaching, and / or support.
(iv) Set an appropriate timeframe for the required improvement. This is likely to be a
minimum of one month. Factors such as the complexity of the job, the length of
time the employee has been in the position, the experience of the employee and /
or the agreed improvement plan need to be considered when determining an
appropriate time frame.
(v) Set appropriate review date/s to observe the employee to keep track of their
performance and to ensure a formal review of progress is undertaken. It is
suggested that these meetings be conducted weekly.
(f) After each meeting both parties will agree to a written summary of what occurred
using the ACER Performance Improvement Plan (PIP) and provide a copy to the
employee and the Director Human Resources.
(g) If agreement cannot be reached between the parties on the content of the written
summary, this will be noted on the employees’ PIP.
Third and final stage
Where the unsatisfactory performance or behaviour has not improved to the required
standard after the first two stages, the Director Human Resources and the relevant Head of
Division will advise the CEO.
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The CEO will consider the circumstances of the performance issues; the requirements for
the position the employee occupies; any mitigating circumstances; and will decide on what
remedial action the organisation needs to take. Such action may include referral of the
individual for more intense remedial training; restructure of the individual’s position
(including demotion of level if such restructure leads to a lower job score); or dismissal for
underperformance. The employee will be provided the opportunity to provide the CEO with
any information they believe is relevant to the CEO’s determination. If the CEO determines
that dismissal is required the process outlined in the Termination clause 22 of this
Agreement will be followed.
21 Misconduct
Misconduct refers to actions that damage or has the potential to damage the ACER
workplace, organisation or reputation that is beyond issues arising from unsatisfactory
performance. Misconduct may include, but is not limited to:
(a) serious negligence;
(b) behaviour which endangers others;
(c) deliberately failing to comply with a lawful and reasonable direction;
(d) drunkenness or drug taking;
(e) conduct involving dishonesty;
(f) harassment of employees or the public;
(g) unlawful discrimination;
(h) racial or religious vilification;
(i) bullying or victimisation;
(j) criminal activity;
(k) prohibited activities under the ACER Acceptable Use of ICT Resources Policy;
and
(l) breaches of intellectual property and confidential information obligations.
When an issue of misconduct is referred to the CEO, a written statement setting out the
alleged misconduct must be completed by the relevant Head of Division and a copy
provided to the employee and the nominated line manager. A written statement may be
provided by the employee, and if such a statement is prepared a copy must be provided to
the CEO, relevant Head of Division, nominated line manager and Director Human
Resources.
If the CEO subsequently decides to initiate a formal investigation, CEO will appoint the
Director Human Resources or a qualified Independent External Investigator to investigate
the allegations. Such investigations will be carried out using the principles of natural justice
and finding will be made on the balance of probability. ACER must provide all of the
allegations in writing and provide the particulars of the alleged misconduct to enable the
employee to properly respond to the alleged misconduct. The employee may be
supported/represented by a colleague of their choice or a union representative.
The employee will be given a reasonable period of time to respond to the findings and the
evidence relied upon.
At any time during the course of an investigation until its conclusion, the CEO may suspend
the employee with pay dependent upon the circumstances and severity of the matter. While
suspended, the employee will be prohibited from attending the workplace, however will be
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permitted reasonable access to prepare their case and to collect personal property.
The Employer may only suspend an employee if it is a fair and reasonable response given
the circumstances. The Employer may only suspend an Employee with pay. The employee
must receive the full amount of pay (inclusive of any penalties and allowances) that would
have been payable to the employee had the employee not been suspended. The suspension
must be reviewed at reasonable intervals (at least every four weeks after the commencement
of the suspension). The employee must be provided with a written response for the decision,
including any decision to continue the suspension following such a review.
When an employee admits the allegations are true, ACER is not required to conduct a
formal investigation and the CEO may impose on that employee any one or more of the
below actions available to them under this clause as if that employee had, in accordance
with this clause, been dealt with for misconduct.
The CEO will determine the outcome that is to apply to the employee. The discipline
outcome must be fair and reasonable in all the circumstances and not disproportionate to the
seriousness of the matter.
The Director Human Resources or Independent External Investigator will make a
recommendation to the CEO who will:
(a) dismiss the allegation;
(b) take no action;
(c) provide opportunity for counselling and/ or provide opportunity for advice regarding
other rehabilitation;
(d) reprimand the employee and place a record of the reprimand on the employee’s
personnel file;
(e) change the duties and pay of the employee;
(f) suspend the employee; or
(g) dismiss the employee under clause 22 of this Agreement.
In the event that the CEO decides to dismiss the employee, the CEO will prepare a written
statement setting out the alleged misconduct and any other relevant documentation. A copy
of all documentation, except for legal opinion, will be provided to the employee.
In the circumstance that an employee is found guilty in Victoria of an offence that is
punishable, either on indictment or on summary conviction by imprisonment for a term of
twelve months or more, or is found guilty elsewhere than in Victoria of an offence that if it
were committed in Victoria would be so punishable, the CEO will consider the matter under
the provisions of this clause. The CEO may impose on that employee any one or more of the
above actions available to them under this clause as if that employee had, in accordance
with this clause, been dealt with for misconduct.
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22 Termination of employment
Termination of employment may occur in the following ways:
22.1 Resignation
If an employee resigns they should give written notice of their pending resignation to the
Director Human Resources and provide the following period of notice:
Employees period of continuous service with ACER Period of Notice
Not more than one year at least one week
More than one year but not more than three years at least two weeks
More than three years but not more than five years at least three weeks
More than five years at least four weeks
If an employee fails to give the required notice ACER has the right to withhold monies due
to the employee to a maximum amount equal to the employee’s rate of pay for the period of
notice.
22.2 Redundancy - Continuing Employees
Redundancy provisions apply only to employees appointed on Continuing Appointments
under Clause 14.1 (a) of this Agreement.
Definition:
Redundancy means a situation where the employment of individual employee/s is identified
as surplus to the needs of ACER.
If ACER decides a role is redundant they are required to give the period of notice as outlined
above in clause 22.1. Except that each period of notice required to be given by ACER shall
be increased by one week in the case that employees are:
(a) over 45 years old; and
(b) have completed at least two years of continuous service with ACER.
ACER will fund up to $2,000 to provide Career Transition services to an employee whose
role is deemed as redundant.
Redundancy Pay – Continuing Employees
A Continuing Employee whose employment is being terminated under this clause receives
the following severance pay in respect of a continuous period of service as follows:
Redundancy Pay
Employee’s period of continuous service Redundancy Pay Period
At least 1 year but less than 2 years 4 weeks
At least 2 year but less than 3 years 6 weeks
At least 3 year but less than 4 years 7 weeks
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At least 4 year but less than 5 years 8 weeks
At least 5 year but less than 6 years 10 weeks
At least 6 year but less than 7 years 11 weeks
At least 7 year but less than 8 years 13 weeks
At least 8 year but less than 9 years 14 weeks
At least 9 year but less than 10 years 16 weeks
(a) up to 10 years’ service as per the table above from the NES;
(b) at least 10 years and less than 15 years’ service, two weeks for each year of service; and
(c) more than 15 years’ service, three weeks per year of service;
provided that the severance payments shall not exceed 78 weeks.
Termination by redundancy is determined by the CEO on the advice of the Head of Division
and Director Human Resources having first considered all other options.
22.3 Redundancy – Ongoing Employees
Redundancy provisions apply only to employees appointed on, or transitioned to Ongoing
Appointments under Clause 14.1 (b) of this Agreement seven days after the approval of this
Agreement by Fair Work Commission.
Definition:
Redundancy means a situation where the employment of individual employee/s is identified
as surplus to the needs of ACER.
ACER will take reasonable steps to identify alternative position/s within ACER that are
suitable for the redeployment of an employee identified in a position that is made redundant.
If ACER decides an individual employee/s is redundant they are required to give the period
of notice as outlined above in clause 22.1.
Except that each period of notice required to be given by ACER shall be increased by one
week in the case that the employee is:
a. over 45 years old; and
b. have completed at least two years of continuous service with ACER
ACER will fund up to $2,000 to provide Career Transition services to an employee whose
role is deemed as redundant.
Redundancy Pay – Ongoing Employees
An Ongoing Employee whose employment is being terminated under this clause receives
the following redundancy pay in respect of a continuous period of service as follows:
Redundancy Pay
Employee’s period of continuous service Redundancy Pay Period
At least 1 year but less than 2 years 4 weeks
At least 2 year but less than 3 years 6 weeks
At least 3 year but less than 4 years 7 weeks
At least 4 year but less than 5 years 8 weeks
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At least 5 year but less than 6 years 10 weeks
At least 6 year but less than 7 years 11 weeks
At least 7 year but less than 8 years 13 weeks
At least 8 year but less than 9 years 14 weeks
At least 9 year but less than 10 years 16 weeks
10 or more years of service 16 weeks plus 1 week per each full
year of service over 10 years
Provided that the redundancy payments shall not exceed 32 weeks.
Termination by redundancy is determined by the CEO on the advice of the Head of Division
and Director Human Resources having first considered all other options.
22.4 Dismissal
Dismissal for misconduct / where guilty of a serious offence
Dismissal for misconduct is determined by the CEO on the advice of the Head of Division
and Director Human Resources under the provisions of clause 21 and takes immediate
effect. The employee on whom the dismissal notice is served may be suspended with pay for
the period to termination based on the notice periods outlined above.
In the case of dismissal for misconduct not more than two weeks notice shall be given. In
the case of dismissal for unsatisfactory service the period of notice is equivalent to that
required of the employee upon resignation. In lieu of giving notice as set out above ACER
may pay the employee an amount equal to the employee’s rate of pay for the period of
notice.
Dismissal for unsatisfactory performance
Dismissal for unsatisfactory performance is determined by the CEO on the recommendation
of the Head of Division and Director Human Resources
A recommendation to dismiss for unsatisfactory service is effected only after following the
process outlined in clause 20.
Dismissal for unsatisfactory performance during a probation period
The CEO has sole discretion in the decision whether an employee’s employment will be
terminated during or at the end of a probation period. In the case where the CEO decides to
terminate the employment of the employee during or at the expiry of a period of probation
notice of termination or pay in lieu will be given as set out in clause 22.1. The employee
may elect salary in lieu of notice.
22.5 Expiry of contract
If an employee’s contract reaches its expiry date and is not renewed they will receive a
payment equating to any accrued and unused Annual Leave and Long Service Leave (if
eligible), they are entitled to.
23 Accident compensation
An employee who is absent from duty as a result of sustaining an injury in respect of which
the employee is entitled to weekly payments of compensation under the relevant State
legislation will receive make-up pay equal to the pay the employee would receive for paid
leave less the amount of the weekly payments of compensation. (“Make-up Pay”).
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Make-up pay ceases when:
(a) the employee is paid a disability benefit under the provisions of UniSuper;
(b) the employee has been absent from work for a continuous period of 52 weeks or an
aggregate period of 261 working days (including any public holiday a employee, but
for that public holiday, would be required to work) or an aggregate of 1983 hours; or
(c) the employee’s employment is lawfully terminated.
24 Facilities for authorised CPSU representatives
Written material authorised by the CPSU in relation to matters concerning this Agreement
may be posted on a noticeboard within each ACER building in a location to which CPSU
members have convenient access, and on an electronic noticeboard located on the ACER
Intranet. ACER reserves the right to require the removal of any notice or material that is
considered by ACER to be defamatory, and/or may bring ACER into disrepute, or that may
lead to ACER being in breach of its obligations under State or Commonwealth legislation.
CPSU State Public Service Federation Victorian Branch Council members nominated by the
branch Secretary of the union will be entitled to a half day per month to attend Branch
council meetings. Time release will include reasonable time to travel to such meetings.
Additional paid leave will be granted to CPSU SPSF Victorian Branch Council members
nominated by the Branch Secretary to attend the Federal Executive and Federal Council
meetings of the union and the Australian Council of Trade Unions triennial conference.
No more than two employees may access such paid leave and time-release provisions.
An authorised representative of the CPSU shall be released by their employer from normal
duties for such periods of time as may be reasonably necessary to enable them to carry out
their representative functions provided that such time release does not unreasonably impact
upon the work of ACER.
Authorised representatives are entitled to up to 5 days paid leave per year to attend
workplace representative training. Provisions for workplace representative training leave are
not cumulative.
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Schedule 1: Salary scales
Salary scales
Salary scales will increase as follows:
On approval by Fair Work Commission, 2.5 per cent (with back pay to 8 October 2019 for
all employees covered by this agreement on the date the Agreement is approved by Fair Work
Commission).
1 January 2021, a further 2.5 per cent.
1 January 2022, a further 2.5 per cent.
31 December 2022, a further 2.5 percent.
The 31 December 2022 pay increase will be granted in anticipation of the following year (2023).
Should a higher than 2.5% salary increase be negotiated for the year 2023, the difference between the
2.5% increase and the higher negotiated salary increase will be processed upon the Fair Work
Commission’s approval of the next enterprise agreement.
The procedure for determining job size is contained in clause 16.1 and clause 16.2.
A scale is established for each job size using the following principles:
job sizes will be set in increments of 10 points on the scale generated by insightpay’s
JOBSCORE;
the salary scale for each job size will be centred on the ACER salary policy line at the level
that corresponds with the job size;
each scale will have a range set at 5 per cent from the mid-point defined by the salary policy
line;
each scale will have five equal steps, with Step 3 at the mid-point on the salary policy line,
Step 1 set at 5 per cent below Step 3, Step 2 at 2.5 per cent below Step 3, Step 4 at 2.5 per
cent above and Step 5 at 5 per cent above.
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Schedule 1: Salary scales (continued)
Salary scales effective 8 October 2019
Job Size Step 1 Step 2 Step 3 Step 4 Step 5 Casual Hourly Rate
(Including loading)
100 47,868 49,127 50,387 51,649 52,909 $35.24
110 49,733 51,043 52,348 53,659 54,968 $36.61
120 51,598 52,956 54,312 55,669 57,028 $37.99
130 53,460 54,867 56,275 57,679 59,088 $39.36
140 55,322 56,780 58,236 59,691 61,153 $40.73
150 57,190 58,692 60,198 61,705 63,208 $42.11
160 59,052 60,608 62,161 63,715 65,269 $43.48
170 60,916 62,521 64,125 65,728 67,327 $44.85
180 62,781 64,434 66,083 67,740 69,390 $46.22
190 64,645 66,347 68,047 69,749 71,453 $47.59
200 66,509 68,261 70,008 71,761 73,512 $48.96
210 68,374 70,172 71,970 73,770 75,568 $50.34
220 70,236 72,087 73,936 75,780 77,634 $51.71
230 72,101 74,001 75,896 77,795 79,692 $53.08
240 73,965 75,912 77,858 79,807 81,753 $54.46
250 75,828 77,826 79,819 81,816 83,812 $55.83
260 77,691 79,738 81,782 83,828 85,871 $57.21
270 79,557 81,653 83,747 85,839 87,932 $58.58
280 81,424 83,562 85,704 87,852 89,990 $59.94
290 83,286 85,478 87,670 89,861 92,054 $61.32
300 85,148 87,392 89,631 91,872 94,114 $62.69
310 87,015 89,304 91,595 93,883 96,173 $64.06
320 88,877 91,219 93,553 95,895 98,233 $65.44
330 90,741 93,132 95,519 97,909 100,292 $66.81
340 92,607 95,042 97,480 99,917 102,357 $68.18
350 94,471 96,955 99,440 101,929 104,416 $69.56
360 96,334 98,868 101,404 103,937 106,474 $70.93
370 98,200 100,781 103,365 105,951 108,535 $72.30
380 100,063 102,693 105,328 107,964 110,594 $73.67
390 101,928 104,608 107,293 109,971 112,655 $75.04
400 103,792 106,522 109,253 111,985 114,715 $76.41
410 105,652 108,435 111,217 113,995 116,778 $77.79
420 107,516 110,347 113,172 116,006 118,836 $79.16
430 109,383 112,262 115,139 118,019 120,896 $80.53
440 111,247 114,174 117,102 120,030 122,957 $81.91
450 113,110 116,086 119,062 122,040 125,017 $83.28
460 114,977 118,000 121,025 124,051 127,078 $84.65
470 116,839 119,912 122,986 126,064 129,138 $86.02
480 118,702 121,826 124,948 128,072 131,195 $87.39
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490 120,570 123,738 126,911 130,085 133,258 $88.77
500 122,432 125,654 128,874 132,097 135,317 $90.14
510 124,293 127,566 130,836 134,108 137,379 $91.51
520 126,160 129,479 132,796 136,118 139,438 $92.89
530 128,021 131,393 134,762 138,131 141,501 $94.26
540 129,887 133,304 136,724 140,144 143,558 $95.63
550 131,751 135,219 138,685 142,151 145,620 $97.01
560 133,615 137,132 140,646 144,164 147,681 $98.38
570 135,482 139,045 142,610 146,175 149,740 $99.75
580 137,344 140,957 144,573 148,186 151,801 $101.12
590 139,207 142,873 146,535 150,196 153,861 $102.49
600 141,073 144,781 148,495 152,209 155,918 $103.86
610 142,936 146,699 150,460 154,218 157,981 $105.24
620 144,798 148,612 152,418 156,232 160,041 $106.61
630 146,665 150,522 154,384 158,244 162,103 $107.98
640 148,526 152,437 156,344 160,253 164,164 $109.36
650 150,392 154,349 158,306 162,269 166,220 $110.73
660 152,256 156,263 160,268 164,276 168,281 $112.09
670 154,119 158,177 162,233 166,289 170,344 $113.48
680 155,986 160,091 164,198 168,298 172,404 $114.85
690 157,850 162,002 166,156 170,311 174,465 $116.21
700 159,710 163,914 168,117 172,323 176,522 $117.59
710 161,575 165,829 170,076 174,331 178,581 $118.96
720 163,441 167,742 172,038 176,340 180,640 $120.34
Research Salary Scales effective 8 October 2019
Job Size Step 1 Step 2 Step 3 Step 4 Step 5 Casual Hourly Rate
(Including loading)
RO1 240 73,965 75,912 77,858 79,807 81,753 $54.46
RO2 290 83,286 85,478 87,670 89,861 92,054 $61.32
RF1 380 100,063 102,693 105,328 107,964 110,594 $73.67
RF2 460 114,977 118,000 121,025 124,051 127,078 $84.65
SRF1 540 129,887 133,304 136,724 140,144 143,558 $95.63
SRF2 630 146,665 150,522 154,384 158,244 162,103 $107.98
PRF1 720 163,441 167,742 172,038 176,340 180,640 $120.34
Project Salary Scales effective 8 October 2019
Job Size Step 1 Step 2 Step 3 Step 4 Step 5 Casual Hourly Rate
(Including loading)
PO 260 77,691 79,738 81,782 83,828 85,871 $57.21
SPO 300 85,148 87,392 89,631 91,872 94,114 $62.69
PD1 340 92,607 95,042 97,480 99,917 102,357 $68.18
PD2 400 103,792 106,522 109,253 111,985 114,715 $76.41
SPD 480 118,702 121,826 124,948 128,072 131,195 $87.39
ACER Enterprise Agreement 2019 - 2022
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Salary scales effective 1 January 2021
Job Size Step 1 Step 2 Step 3 Step 4 Step 5 Casual Hourly Rate
(Including loading)
100 49,065 50,355 51,647 52,940 54,232 $ 36.12
110 50,976 52,319 53,657 55,000 56,342 $ 37.53
120 52,888 54,280 55,670 57,061 58,454 $ 38.94
130 54,797 56,239 57,682 59,121 60,565 $ 40.34
140 56,705 58,200 59,692 61,183 62,682 $ 41.75
150 58,620 60,159 61,703 63,248 64,788 $ 43.16
160 60,528 62,123 63,715 65,308 66,901 $ 44.57
170 62,439 64,084 65,728 67,371 69,010 $ 45.97
180 64,351 66,045 67,735 69,434 71,125 $ 47.38
190 66,261 68,006 69,748 71,493 73,239 $ 48.78
200 68,172 69,968 71,758 73,555 75,350 $ 50.18
210 70,083 71,926 73,769 75,614 77,457 $ 51.60
220 71,992 73,889 75,784 77,675 79,575 $ 53.00
230 73,904 75,851 77,793 79,740 81,684 $ 54.41
240 75,814 77,810 79,804 81,802 83,797 $ 55.82
250 77,724 79,772 81,814 83,861 85,907 $ 57.23
260 79,633 81,731 83,827 85,924 88,018 $ 58.64
270 81,546 83,694 85,841 87,985 90,130 $ 60.04
280 83,460 85,651 87,847 90,048 92,240 $ 61.44
290 85,368 87,615 89,862 92,108 94,355 $ 62.85
300 87,277 89,577 91,872 94,169 96,467 $ 64.26
310 89,190 91,537 93,885 96,230 98,577 $ 65.66
320 91,099 93,499 95,892 98,292 100,689 $ 67.08
330 93,010 95,460 97,907 100,357 102,799 $ 68.48
340 94,922 97,418 99,917 102,415 104,916 $ 69.88
350 96,833 99,379 101,926 104,477 107,026 $ 71.30
360 98,742 101,340 103,939 106,535 109,136 $ 72.70
370 100,655 103,301 105,949 108,600 111,248 $ 74.11
380 102,565 105,260 107,961 110,663 113,359 $ 75.51
390 104,476 107,223 109,975 112,720 115,471 $ 76.92
400 106,387 109,185 111,984 114,785 117,583 $ 78.32
410 108,293 111,146 113,997 116,845 119,697 $ 79.73
420 110,204 113,106 116,001 118,906 121,807 $ 81.14
430 112,118 115,069 118,017 120,969 123,918 $ 82.54
440 114,028 117,028 120,030 123,031 126,031 $ 83.96
450 115,938 118,988 122,039 125,091 128,142 $ 85.36
460 117,851 120,950 124,051 127,152 130,255 $ 86.77
470 119,760 122,910 126,061 129,216 132,366 $ 88.17
480 121,670 124,872 128,072 131,274 134,475 $ 89.57
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490 123,584 126,831 130,084 133,337 136,589 $ 90.99
500 125,493 128,795 132,096 135,399 138,700 $ 92.39
510 127,400 130,755 134,107 137,461 140,813 $ 93.80
520 129,314 132,716 136,116 139,521 142,924 $ 95.21
530 131,222 134,678 138,131 141,584 145,039 $ 96.62
540 133,134 136,637 140,142 143,648 147,147 $ 98.02
550 135,045 138,599 142,152 145,705 149,261 $ 99.44
560 136,955 140,560 144,162 147,768 151,373 $100.84
570 138,869 142,521 146,175 149,829 153,484 $102.24
580 140,778 144,481 148,187 151,891 155,596 $103.65
590 142,687 146,445 150,198 153,951 157,708 $105.05
600 144,600 148,401 152,207 156,014 159,816 $106.46
610 146,509 150,366 154,222 158,073 161,931 $107.87
620 148,418 152,327 156,228 160,138 164,042 $109.28
630 150,332 154,285 158,244 162,200 166,156 $110.68
640 152,239 156,248 160,253 164,259 168,268 $112.09
650 154,152 158,208 162,264 166,326 170,376 $113.50
660 156,062 160,170 164,275 168,383 172,488 $114.89
670 157,972 162,131 166,289 170,446 174,603 $116.32
680 159,886 164,093 168,303 172,505 176,714 $117.72
690 161,796 166,052 170,310 174,569 178,827 $119.12
700 163,703 168,012 172,320 176,631 180,935 $120.53
710 165,614 169,975 174,328 178,689 183,046 $121.93
720 167,527 171,936 176,339 180,749 185,156 $123.35
Research Salary Scales effective 1 January 2021
Job Size Step 1 Step 2 Step 3 Step 4 Step 5 Casual Hourly Rate
(Including loading)
RO1 240 75,814 77,810 79,804 81,802 83,797 $ 55.82
RO2 290 85,369 87,615 89,862 92,108 94,355 $ 62.85
RF1 380 102,564 105,260 107,961 110,663 113,359 $ 75.51
RF2 460 117,851 120,950 124,051 127,152 130,255 $ 86.77
SRF1 540 133,134 136,637 140,142 143,648 147,147 $ 98.02
SRF2 630 150,332 154,285 158,244 162,200 166,156 $110.68
PRF1 720 167,527 171,936 176,339 180,749 185,156 $123.35
Project Salary Scales effective 1 January 2021
Job Size Step 1 Step 2 Step 3 Step 4 Step 5 Casual Hourly Rate
(Including loading)
PO 260 79,633 81,731 83,827 85,924 88,018 $ 58.64
SPO 300 87,277 89,577 91,872 94,169 96,467 $ 64.26
PD1 340 94,922 97,418 99,917 102,415 104,916 $ 69.88
PD2 400 106,387 109,185 111,984 114,785 117,583 $ 78.32
SPD 480 121,670 124,872 128,072 131,274 134,475 $ 89.57
ACER Enterprise Agreement 2019 - 2022
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Salary scales effective 1 January 2022
Job Size Step 1 Step 2 Step 3 Step 4 Step 5 Casual Hourly Rate
(Including loading)
100 50,292 51,614 52,938 54,264 55,588 $ 37.02
110 52,250 53,627 54,998 56,375 57,751 $ 38.47
120 54,210 55,637 57,062 58,488 59,915 $ 39.91
130 56,166 57,645 59,124 60,599 62,079 $ 41.35
140 58,123 59,655 61,184 62,713 64,249 $ 42.79
150 60,085 61,663 63,246 64,829 66,408 $ 44.24
160 62,041 63,676 65,308 66,941 68,574 $ 45.68
170 64,000 65,686 67,371 69,055 70,735 $ 47.12
180 65,960 67,696 69,428 71,170 72,903 $ 48.56
190 67,917 69,706 71,492 73,280 75,070 $ 50.00
200 69,876 71,717 73,552 75,394 77,234 $ 51.43
210 71,836 73,724 75,613 77,504 79,393 $ 52.89
220 73,792 75,736 77,679 79,617 81,564 $ 54.33
230 75,751 77,747 79,738 81,734 83,726 $ 55.77
240 77,709 79,755 81,799 83,847 85,892 $ 57.22
250 79,667 81,766 83,859 85,958 88,055 $ 58.66
260 81,624 83,774 85,923 88,072 90,218 $ 60.11
270 83,584 85,786 87,987 90,185 92,383 $ 61.54
280 85,546 87,792 90,043 92,299 94,546 $ 62.98
290 87,503 89,805 92,109 94,411 96,714 $ 64.42
300 89,459 91,816 94,169 96,523 98,879 $ 65.87
310 91,420 93,825 96,232 98,636 101,041 $ 67.30
320 93,376 95,836 98,289 100,749 103,206 $ 68.76
330 95,335 97,847 100,355 102,866 105,369 $ 70.19
340 97,295 99,853 102,415 104,975 107,539 $ 71.63
350 99,254 101,863 104,474 107,089 109,702 $ 73.08
360 101,211 103,874 106,537 109,198 111,864 $ 74.52
370 103,171 105,884 108,598 111,315 114,029 $ 75.96
380 105,128 107,892 110,660 113,430 116,193 $ 77.40
390 107,088 109,904 112,724 115,538 118,358 $ 78.84
400 109,047 111,915 114,784 117,655 120,523 $ 80.28
410 111,001 113,925 116,847 119,766 122,689 $ 81.72
420 112,959 115,934 118,901 121,879 124,852 $ 83.17
430 114,921 117,946 120,967 123,993 127,016 $ 84.60
440 116,879 119,954 123,031 126,107 129,182 $ 86.06
450 118,837 121,963 125,090 128,218 131,346 $ 87.49
460 120,798 123,974 127,152 130,331 133,511 $ 88.94
470 122,754 125,983 129,213 132,446 135,675 $ 90.37
480 124,711 127,994 131,274 134,556 137,837 $ 91.81
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490 126,674 130,002 133,336 136,670 140,004 $ 93.26
500 128,630 132,015 135,398 138,784 142,168 $ 94.70
510 130,585 134,024 137,460 140,898 144,333 $ 96.15
520 132,547 136,034 139,519 143,009 146,497 $ 97.59
530 134,502 138,045 141,584 145,124 148,665 $ 99.04
540 136,462 140,053 143,646 147,239 150,826 $100.47
550 138,421 142,064 145,706 149,348 152,993 $101.93
560 140,380 144,074 147,766 151,462 155,157 $103.36
570 142,341 146,084 149,829 153,575 157,321 $104.80
580 144,297 148,093 151,892 155,688 159,486 $106.24
590 146,254 150,106 153,953 157,800 161,651 $107.68
600 148,214 152,111 156,012 159,914 163,811 $109.12
610 150,172 154,125 158,078 162,025 165,979 $110.57
620 152,128 156,135 160,134 164,141 168,143 $112.01
630 154,090 158,142 162,200 166,255 170,310 $113.45
640 156,045 160,154 164,259 168,365 172,475 $114.89
650 158,005 162,163 166,321 170,484 174,635 $116.34
660 159,964 164,174 168,382 172,593 176,800 $117.76
670 161,921 166,184 170,446 174,707 178,968 $119.23
680 163,882 168,195 172,511 176,818 181,132 $120.66
690 165,841 170,203 174,568 178,933 183,298 $122.10
700 167,795 172,212 176,628 181,047 185,458 $123.54
710 169,755 174,224 178,686 183,156 187,622 $124.98
720 171,715 176,234 180,747 185,268 189,785 $126.43
Research Salary Scales effective 1 January 2022
Job Size Step 1 Step 2 Step 3 Step 4 Step 5 Casual Hourly Rate
(Including loading)
RO1 240 77,709 79,755 81,799 83,847 85,892 $ 57.22
RO2 290 87,503 89,805 92,109 94,411 96,714 $ 64.42
RF1 380 105,128 107,892 110,660 113,430 116,193 $ 77.40
RF2 460 120,798 123,974 127,152 130,331 133,511 $ 88.94
SRF1 540 136,462 140,053 143,646 147,239 150,826 $100.47
SRF2 630 154,090 158,142 162,200 166,255 170,310 $113.45
PRF1 720 171,715 176,234 180,747 185,268 189,785 $126.43
Project Salary Scales effective 1 January 2022
Job Size Step 1 Step 2 Step 3 Step 4 Step 5 Casual Hourly Rate
(Including loading)
PO 260 81,624 83,774 85,923 88,072 90,218 $ 60.11
SPO 300 89,459 91,816 94,169 96,523 98,879 $ 65.87
PD1 340 97,295 99,853 102,415 104,975 107,539 $ 71.63
PD2 400 109,047 111,915 114,784 117,655 120,523 $ 80.28
SPD 480 124,711 127,994 131,274 134,556 137,837 $ 91.81
ACER Enterprise Agreement 2019 - 2022
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Salary scales effective 31 December 2022
Job Size Step 1 Step 2 Step 3 Step 4 Step 5 Casual Hourly Rate
(Including loading)
100 51,549 52,904 54,261 55,621 56,978 $ 37.95
110 53,557 54,968 56,373 57,784 59,195 $ 39.43
120 55,565 57,028 58,489 59,950 61,413 $ 40.91
130 57,571 59,086 60,602 62,114 63,631 $ 42.38
140 59,576 61,146 62,714 64,281 65,855 $ 43.86
150 61,587 63,205 64,827 66,450 68,068 $ 45.35
160 63,592 65,268 66,941 68,615 70,288 $ 46.82
170 65,600 67,328 69,055 70,781 72,503 $ 48.30
180 67,609 69,388 71,164 72,949 74,726 $ 49.77
190 69,615 71,449 73,279 75,112 76,947 $ 51.25
200 71,623 73,510 75,391 77,279 79,165 $ 52.72
210 73,632 75,567 77,503 79,442 81,378 $ 54.21
220 75,637 77,629 79,621 81,607 83,603 $ 55.69
230 77,644 79,691 81,731 83,777 85,819 $ 57.16
240 79,652 81,749 83,844 85,943 88,039 $ 58.65
250 81,658 83,810 85,955 88,107 90,256 $ 60.13
260 83,665 85,868 88,071 90,274 92,473 $ 61.61
270 85,674 87,931 90,187 92,440 94,693 $ 63.08
280 87,685 89,987 92,294 94,606 96,910 $ 64.55
290 89,690 92,050 94,412 96,771 99,132 $ 66.03
300 91,695 94,111 96,523 98,936 101,351 $ 67.52
310 93,706 96,171 98,638 101,102 103,567 $ 68.98
320 95,711 98,232 100,746 103,268 105,786 $ 70.48
330 97,718 100,293 102,864 105,438 108,003 $ 71.94
340 99,727 102,349 104,975 107,599 110,227 $ 73.42
350 101,735 104,410 107,086 109,766 112,445 $ 74.91
360 103,741 106,471 109,200 111,928 114,661 $ 76.38
370 105,750 108,531 111,313 114,098 116,880 $ 77.86
380 107,757 110,589 113,427 116,266 119,098 $ 79.34
390 109,765 112,652 115,542 118,426 121,317 $ 80.81
400 111,773 114,713 117,654 120,596 123,536 $ 82.29
410 113,776 116,773 119,768 122,760 125,756 $ 83.76
420 115,783 118,832 121,874 124,926 127,973 $ 85.25
430 117,794 120,895 123,991 127,093 130,191 $ 86.72
440 119,801 122,953 126,107 129,260 132,412 $ 88.21
450 121,808 125,012 128,217 131,423 134,630 $ 89.68
460 123,818 127,073 130,331 133,589 136,849 $ 91.16
470 125,823 129,133 132,443 135,757 139,067 $ 92.63
480 127,829 131,194 134,556 137,920 141,283 $ 94.11
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490 129,841 133,252 136,669 140,087 143,504 $ 95.59
500 131,846 135,315 138,783 142,254 145,722 $ 97.07
510 133,850 137,375 140,897 144,420 147,941 $ 98.55
520 135,861 139,435 143,007 146,584 150,159 $100.03
530 137,865 141,496 145,124 148,752 152,382 $101.52
540 139,874 143,554 147,237 150,920 154,597 $102.98
550 141,881 145,616 149,349 153,082 156,818 $104.48
560 143,889 147,676 151,460 155,249 159,036 $105.94
570 145,899 149,736 153,575 157,414 161,254 $107.42
580 147,904 151,795 155,689 159,580 163,473 $108.90
590 149,911 153,859 157,802 161,745 165,692 $110.37
600 151,920 155,914 159,912 163,912 167,906 $111.85
610 153,926 157,978 162,030 166,076 170,128 $113.33
620 155,931 160,038 164,137 168,245 172,347 $114.81
630 157,943 162,096 166,255 170,411 174,568 $116.29
640 159,946 164,158 168,365 172,574 176,787 $117.76
650 161,955 166,217 170,479 174,746 179,001 $119.25
660 163,963 168,278 172,592 176,908 181,220 $120.70
670 165,969 170,339 174,707 179,075 183,442 $122.21
680 167,980 172,400 176,824 181,238 185,660 $123.68
690 169,987 174,458 178,932 183,406 187,880 $125.15
700 171,990 176,517 181,044 185,573 190,094 $126.63
710 173,999 178,580 183,153 187,735 192,313 $128.10
720 176,008 180,640 185,266 189,900 194,530 $129.59
Research Salary Scales effective 31 December 2022
Job Size Step 1 Step 2 Step 3 Step 4 Step 5 Casual Hourly Rate
(Including loading)
RO1 240 79,652 81,749 83,844 85,943 88,039 $ 58.65
RO2 290 89,690 92,050 94,412 96,771 99,132 $ 66.03
RF1 380 107,757 110,589 113,427 116,266 119,098 $ 79.34
RF2 460 123,818 127,073 130,331 133,589 136,849 $ 91.16
SRF1 540 139,874 143,554 147,237 150,920 154,597 $102.98
SRF2 630 157,943 162,096 166,255 170,411 174,568 $116.29
PRF1 720 176,008 180,640 185,266 189,900 194,530 $129.59
Project Salary Scales effective 31 December 2022
Job Size Step 1 Step 2 Step 3 Step 4 Step 5 Casual Hourly Rate
(Including loading)
PO 260 83,665 85,868 88,071 90,274 92,473 $ 61.61
SPO 300 91,695 94,111 96,523 98,936 101,351 $ 67.52
PD1 340 99,727 102,349 104,975 107,599 110,227 $ 73.42
PD2 400 111,773 114,713 117,654 120,596 123,536 $ 82.29
SPD 480 127,829 131,194 134,556 137,920 141,283 $ 94.11
ACER Enterprise Agreement 2019 - 2022
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Schedule 2: Casual employees
The following provisions apply in respect of casual employees:
1. The minimum period of work that a casual employee may be employed in one day is 4
consecutive hours, except by agreement between the employee and ACER.
2. Casual employees are engaged with no guarantee or expectation of work beyond the period of
their current employment.
3. Casual employees are not entitled to leave provisions but a loading in lieu is included in casual
hourly rates of pay.
4. Eligible casual employees are entitled to the Pre-Natal Leave and Parental Leave
provisions in the relevant Pre-Natal leave and Parental Leave clauses.
4.1 An eligible casual employee is defined as a casual employee:
(i) who has been engaged by ACER on a regular and systematic basis for a sequence
of periods of employment during a period of at least 12 months; and
(ii) who, but for an expected birth or an expected placement of a child, would have a
reasonable expectation of continuing engagement by ACER on a regular and
systematic basis.
4.2 A casual employee is also an eligible casual employee if:
(i) the employee was engaged by ACER on a regular and systematic basis for a
sequence of periods during a period (the first period) of less than 12 months; and
(ii) at the end of the first period of employment, the employee ceased, on the
employer's initiative, to be so engaged by the employer; and
(iii) ACER later again engaged the employee on a regular and systematic basis for a
further sequence of periods during a period (the second period) that started no
more than 3 months after the end of the first period of employment; and
(iv) the combined length of the first period of employment and the second period of
employment is at least 12 months; and
(v) the employee, but for an expected birth or an expected placement of a child,
would have reasonable expectation of continuing engagement by the employer on
a regular and systematic basis.
5. Casual employees who are requested to work more than 73 hours 20 minutes per pay fortnight are
entitled to be paid overtime at the rate of time and a half for the first three hours and double time
thereafter. Casual employees must not be requested to work hours that will incur overtime rates
without the approval of the relevant Senior Manager.
6. A casual employee who has been employed on a regular and systematic basis for 12 months, shall
be offered an ongoing or fixed term appointment of not less than one year in accordance with
clause 14.1. The employee will be under no obligation to accept the offer and may continue to be
employed on a casual basis.
7. ACER will contribute superannuation for casual employees in accordance with the prevailing
superannuation guarantee laws, to the Accumulation 1 Plan of the superannuation scheme operated
by UniSuper Ltd. UniSuper Ltd is the default fund for casual employee membership and
contributions. Casual employees may elect to nominate an alternative registered superannuation
fund on approval of this Agreement by the Fair Work Commission and the successful amendment
of the Trust Deed that governs ACER’s superannuation contribution agreement with UniSuper Ltd.
ACER Enterprise Agreement 2019 - 2022
Page 45 of 47
8. Although casual employees are engaged by the hour, ACER normally informs casual employees
in advance of the hours required and the expected duration of a particular period of work.
9. As ACER project durations are estimated prior to being undertaken, on occasions ACER may need
to alter the proposed requirements during such a period of work so that fewer hours or shorter
duration are required. In these instances ACER should:
(i) immediately inform the employee; and
(ii) make every effort to find suitable alternative work for the employee within ACER for the
unexpired portion of the employed period.
If such alternative work is not available, the casual employee is entitled to be paid to their agreed
finishing time on the day of the notice of change, or be paid for 4 hours work, whichever is the
greater.
10. If the person responsible for the employment of the casual employee is of the view that an
employee’s performance is not adequate for the particular task, then ACER should:
(i) immediately inform the employee; and
(ii) request that the casual employee cease their employment.
In this instance the casual employee is entitled to be paid to their agreed finishing time on the day
of the notice of change or termination, or be paid for 4 hours work, whichever is the greater.
11. A casual employee who notifies ACER in writing that they are unavailable for work for up to one
year because of the birth of their child shall not be disadvantaged with regard to offers of future
casual employment.
12. Casual hourly rate of pay
Except for Casual Marking and Test Administration (see below), casual employees shall be
paid at the rate of pay relevant to the job size of the position they are engaged for.
The hourly rate will be calculated by dividing the annual salary for the base (Step 3) of the
relevant job size by 26 then 73.33 and adding a loading of 33.3%. The loading is provided in
lieu of paid annual, personal, compassionate, and long service leave.
Casual test administration (invigilation)
Test administration rates will generally be calculated at the appropriate job size commensurate
with the task determined project by project on the basis of complexity and nature of the work
involved. Test administration can be paid as a sessional rate (time spent). The nature of the
work and the rate offered is made explicit prior to commencement.
Casual marking
Rates of payment for marking are determined project by project on the basis of the complexity
and nature of the work involved, and are paid on the basis of either work completed (eg. per
item marked) or time spent (sessional rate). Marking rates will be based on industry standards.
The nature of the work and the rate offered is made explicit prior to commencement.
Junior rates
Casual employees under the age of 18 years are paid at the following proportion of the casual
rates above:
17 years 80%
16 years 70%
15 years or under 60%
ACER Enterprise Agreement 2019 - 2022
Page 46 of 47
Schedule 3: Allowances and loadings
1. The Meal Allowance referred to in clause16.11 is as follows:
8 October 2019 1 January 2021 1 January 2022 31 December 2022
27.49 28.18 28.88 29.60
2. The "On - Call" Security Allowance referred to in clause 16.12 is as follows
8 October 2019 1 January 2021 1 January 2022 31 December 2022
119.39 122.38 125.44 128.57
2. The Travel Reimbursement referred to in clause 16.12 is as follows:
For the Period to 1
January 2021
68 cents per
kilometre
Adjusted on 1 January each subsequent
year by the current Australian Tax Office
rate
4. The First Aid Allowance referred to in clause 16.13 is as follows:
8 October 2019 1 January 2021 1 January 2022 31 December 2022
27.53 28.22 28.93 29.65
5. The Chief Warden Allowance referred to in clause 16.14 is as follows:
8 October 2019 1 January 2021 1 January 2022 31 December 2022
27.53 28.22 28.93 29.65
ACER Enterprise Agreement 2019 - 2022
Page 47 of 47
…………………………………………
(signature)
Date: 15 April 2020
Signature page
SIGNED for and on behalf of the
AUSTRALIAN COUNCIL FOR
EDUCATIONAL RESEARCH LIMITED,
ABN 19 004 398 145,
Of 19 Prospect Hill Road, Camberwell,
Victoria 3124 by its authorised officer:
GEOFFEREY N MASTERS
Chief Executive Officer
SIGNED for and on behalf of the
COMMUNITY AND PUBLIC SECTOR
UNION,
Of Level 4, 128 Exhibition Street, Melbourne,
Victoria, 3000:
WAYNE TOWNSEND
Victorian Branch Assistant Secretary …………………………………………
Date:
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SeoffN Masters
Australian Council for Educational Research Limited
19 Prospect Hill Road (Private Bag 55) Camberwell VIC 3124 Australia
t +61 3 9277 5555 f +61 3 9277 5500 www.acer.org
ACN 004 398 145 ABN 19 004 398 145
IN THE FAIR WORK COMMISSION
FWC Matter No.: AG2020/1102
Applicant:
Australian Council for Educational Research Limited
Section 185 - Application for approval of a single enterprise agreement
Undertaking - Section 190
I, Joanna Brown, Director of Human Resources, for Australian Council for Educational Research
Limited (ACER) give the following undertakings with respect to the Australian Council for
Educational Research Limited Enterprise Agreement 2019 - 2022 ("the Agreement"):
1. I have the authority given to me by ACER to provide this undertaking in relation to the
application before the Fair Work Commission.
2. ACER undertakes the following:
a) Any employee who is a 'shiftworker' (as defined under Clerks Private Sector Award
2010 or under the Storage Services and Wholesale Award 2010 as the case may
be) will be entitled to 5 weeks’ annual leave in accordance with the National
Employment Standards.
b) Any agreement to vary the spread of ordinary hours of attendance for fulltime
employees in clause 15.1 will be made in accordance with clause 8 ("Individual
flexibility agreement") of the Agreement.
3. These undertakings are provided on the basis of issues raised by the Fair Work
Commission in the application before the Fair Work Commission.
……………………………..
Signature
……12 May 2020…….……
Date
111111 Improving Learning
ACER Improving Learning
