APRA Enterprise Agreement 2022

1

Fair Work Act 2009 
s.185—Enterprise agreement

Australian Prudential Regulation Authority
(AG2021/9228)

APRA ENTERPRISE AGREEMENT 2022

Commonwealth employment

DEPUTY PRESIDENT CROSS SYDNEY, 25 MARCH 2022

Application for approval of the APRA Enterprise Agreement 2022

[1] An application has been made for approval of an enterprise agreement known as the 
APRA Enterprise Agreement 2022 (the Agreement). The application was made pursuant to 
s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Prudential 
Regulation Authority. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached 
in Annexure A.  I am satisfied that the undertakings will not cause financial detriment to any 
employee covered by the Agreement and that 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, 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] I note that clause 35.2 of the Agreement may be inconsistent with the National 
Employment Standards (NES), however noting the NES precedence term at clause 4 of the 
Agreement, I am satisfied that the NES will prevail to the extent of any inconsistency

[5] The 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 wants the Agreement to cover 
it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
seven days from the date of this approval. The nominal expiry date of the Agreement is 1 April 
2025.

[2022] FWCA 1062

DECISION


AUSTRALIA FairWork Commission




 



[2022] FWCA 1062

2

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE515482  PR739685


OF THE FAIL WORK NOISSINN THE SEAS OF THE




 



[2022] FWCA 1062

3

ANNEXURE A


IN THE FAIR WORK COMMISSION FWC Matter No: AG2021/9228 Applicant: Australian Prudential Regulation Authority Application: Application for approval of the APRA Enterprise Agreement 2022 UNDERTAKING - section 190 I, Steve Matthews, Chief Operating Officer, give the following undertakings with respect to the APRA Enterprise Agreement 2022 (Agreement): 1. If APRA engages any shiftworker during the life of the Agreement, APRA will apply the definition of 'shiftworker' in clause 20.4 of the Australian Government Industry Award 2016 (Award). 2. APRA acknowledges that clause 37.6 of the Agreement will only apply where the Fair Work Commission makes an order under s120 of the Fair Work Act 2009 (Cth) to that effect. 3. If a casual employee is directed by APRA to work: (a) before 7.00 a.m. or after 7.00 p.m. Monday to Friday; (b) on a Saturday, Sunday or public holiday; (c) in excess of 76 ordinary hours in a fortnight; or (d) in excess of 7hrs 36 mins (7.6 hours) per day they will be paid overtime rates in accordance with clause J.8 of the Award. Employer name: Australian Prudential Regulation Authority Signature: Date: 22 March 2022




 



1 

APRA 
Enterprise 
Agreement 
2022 

 


. APRA AUSTRALIA 10




 

Warren
UT



2 
 

Table of contents 

Part A. Scope and Operation of Agreement ........................................ 4  

1. Title ............................................................................................................... 4 

2. Scope and Coverage ................................................................................... 4 

3. Definitions .................................................................................................... 4 

4.   Commencement and Operation ……………………….……………………………….5 

5. Policies and Procedures ............................................................................. 5 

6. Individual Flexibility Arrangements ........................................................... 5 

7. Disputes ....................................................................................................... 7 

Part B. Appointment and Working Arrangements ............................... 8 

8. Appointment and Probationary Period ...................................................... 8 

9. Full Time Employees ................................................................................... 8 

10. Part Time Employees .................................................................................. 8 

11. Fixed or Maximum Term Employees ......................................................... 8 

12. Casual Employees ....................................................................................... 9 

13. Ordinary Hours of Work ............................................................................ 10 

14. Meal Breaks ................................................................................................ 10 

15. Consultation ............................................................................................... 10 

Part C. Remuneration ........................................................................ 12 

16. Payment of TRP ......................................................................................... 12 

17. Annual Remuneration Review ................................................................ 143 

18. Capability Based Advancement ............................................................. 154 

19. Annual Performance Review and 2021/22 Transition Payment ........ Error! 
Bookmark not defined. 

20. Gratuities .................................................................................................... 14 

21. Deductions ....................................................... Error! Bookmark not defined. 

22. Superannuation ............................................... Error! Bookmark not defined. 








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23. Higher Duties ................................................... Error! Bookmark not defined. 

Part D. Leave and Public Holidays .................................................... 15 

24. Annual Leave ............................................................................................. 15 

25. Personal/Carer's Leave ........................................................................... 166 

26. Compassionate Leave ............................................................................... 17 

27. Public Holidays .......................................................................................... 17 

28. Operational Close Down ........................................................................... 18 

29. Parental Leave ........................................................................................... 18 

30. Long Service Leave ................................................................................... 19 

31. Defence Reservist Leave .......................................................................... 19 

32. Jury Service ............................................................................................... 20 

33. Other Leave ................................................................................................ 20 

Part E. Separation of Employment ......... Error! Bookmark not defined. 

34. Notice of Termination by APRA ............................................................... 21 

35. Notice of Resignation ................................................................................ 21 

36. Serious Misconduct .................................................................................. 21 

37. Redundancy ............................................................................................... 21 

Part F. Signatories .................................................................................. 24 

 








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Part A. Scope and Operation of Agreement 
1. Title 

This enterprise agreement shall be known as the APRA Enterprise Agreement 2022 
(Agreement). 

2. Scope and Coverage 

This Agreement covers the Australian Prudential Regulation Authority (APRA) and 
each person employed by APRA in a position which has been designated to a 
remuneration level in accordance with Part C of this Agreement. 

3. Definitions 

In this Agreement: 

(a) Act means the Fair Work Act 2009 (Cth); 

(b) Agreement has the meaning given to that term in clause 1; 

(c) APRA means the Chair of the Australian Prudential Regulation Authority as 
appointed under the Australian Prudential Regulation Authority Act 1998 (Cth), 
or his or her authorised delegate; 

(d) Award means the Australian Government Industry Award 2016; 

(e) Employee Consultative Group means the group currently bearing this name 
and consisting of persons appointed by APRA and persons elected by 
employees; 

(f) Immediate Family means: 

(i) a spouse, de facto partner, child, parent, grandparent, grandchild or 
sibling of an employee; or 

(ii) a child, parent (including step parent), grandparent, grandchild or sibling 
of a spouse or de facto partner of an employee; 

where: 

(iii) a spouse includes a former spouse, a de facto spouse and a former de 
facto spouse of the employee;  

(iv) a de facto partner means a person who lives with the employee as his or 
her husband or wife (including a same sex partner) on a bona fide 
domestic basis, although not legally married to the employee; and  

(v) a child includes an adult child, adopted child, a step child or an ex-nuptial 
child of the employee; 

(g) NES means the National Employment Standards in the Act; 

(h) Personal/Carers Leave is:  








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(i) leave in respect of an employee's own personal illness or injury 
(Personal Leave); or 

(ii) leave to care for a member of the employee's Immediate Family or 
household due to personal illness or injury, or because of an unexpected 
emergency affecting that member (Carer's Leave); or 

(iii) leave to attend to urgent personal business affecting you or your family.  
This may include but is not limited to circumstances concerning family 
and domestic violence. 

(i) TRP means total remuneration package, being the amount paid to an employee 
that is inclusive of cash component, employer superannuation payments, fringe 
benefits and any tax liability applying to fringe and other benefits. TRP will be 
paid in arrears based on an employee’s TRP divided by 26. 

(j) WPI means The Wage Price Index – Private Sector is the percentage 
adjustment in line with the year to date percentage change in the WPI for the 
Private Sector from the most recently released June quarter.  The Australian 
Public Service Commission (APSC) publishes advice each year on the 
applicable WPI Private Sector figure that is released by the Australian Bureau 
of Statistics, applying to remuneration adjustments payable from 1 September 
to 31 August the following year.   

4. Commencement and Operation 

This Agreement will come into operation seven (7) days after it is approved by the Fair 
Work Commission and will nominally expire three (3) years from when it comes into 
operation. 

Nothing in this Agreement reduces the entitlement available to an employee under the 
National Employment Standards (NES). 

5. Policies and Procedures 

5.1 This Agreement is supported by APRA's policies and procedures as determined by 
APRA from time to time. 

5.2 These policies and procedures will not reduce the substantive entitlements as set out 
in this Agreement, but provide guidelines for the administration of the employment 
relationship. Such policies and procedures, including those referred to in this 
Agreement, do not form part of this Agreement.   

5.3 Variations to APRA’s policies and procedures may be made at any time, but will be the 
subject of consultation with the Employee Consultative Group prior to their 
implementation. 

6. Individual Flexibility Arrangements 

6.1 An employer and employee covered by this enterprise agreement may agree to make 
an individual flexibility arrangement to vary the effect of terms of the Agreement if: 

(a) the agreement deals with 1 or more of the following matters: 

(i) arrangements about when work is performed;  








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(ii) overtime rates; 

(iii) penalty rates; 

(iv) allowances; 

(v) leave loading; 

(vi) remuneration; and 

(b) the arrangement meets the genuine needs of the employer and the employee 
in relation to 1 or more of the matters mentioned in subclause 6.1(a); and  

(c) the arrangement is genuinely agreed to by APRA and the employee. 

6.2 APRA must ensure that the terms of the individual flexibility arrangement: 

(a) are about permitted matters under section 172 of the Act; and 

(b) are not unlawful terms under section 194 of the Act; and  

(c) result in the employee being better off overall than the employee would be if no 
arrangement was made. 

6.3 APRA must ensure that the individual flexibility arrangement: 

(a) is in writing; and 

(b) includes the name of the employer (APRA) and the employee; and 

(c) is signed by APRA 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 his or her employment as a result of the arrangement; and  

(e) states the day on which the arrangement commences and, where applicable, 
when the arrangement ceases. 

6.4 APRA must give the employee a copy of the individual flexibility arrangement within 14 
days after it is agreed. 

6.5 APRA 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 APRA and the employee agree in writing at any time. 








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7. Disputes 

7.1 If a dispute relates to:  

(a) a matter arising under this Agreement; or  

(b) the NES;  

this clause sets out procedures to settle the dispute.  

7.2 An employee may appoint a representative for the purposes of the procedures in this 
clause.  

7.3 In the first instance, the parties to the dispute must try to resolve the dispute at the 
workplace level, by discussions between the employee or employees and relevant 
supervisors and/or management.  

7.4 If discussions at the workplace level do not resolve the dispute, the employee or APRA 
may refer the matter to the Fair Work Commission.  

7.5 The Fair Work Commission may deal with the dispute in two (2) stages:  

(a) the Fair Work Commission will first attempt to resolve the dispute as it considers 
appropriate, including by 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.  

7.6 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are 
available to it under the Act.  

7.7 A decision that the Fair Work Commission makes when arbitrating a dispute is a 
decision for the purpose of Division 3 of Part 5.1 of the Act. Therefore, an appeal may 
be made against the decision. 

7.8 While the employee and APRA are trying to resolve the dispute using the procedures 
in this clause:  

(a) work must continue as normal unless there arises a reasonable concern about 
an imminent risk to health or safety; and  

(b) the employee must comply with a direction given by APRA to perform other 
available work at the same workplace, or at another workplace, unless:  

(i) the work is not safe; or  

(ii) applicable occupational health and safety legislation would not permit the 
work to be performed; or  

(iii) the work is not appropriate to perform; or  








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(iv) there are other reasonable grounds for the employee to refuse to comply 
with the direction.  

7.9 The employee and APRA agree to be bound by a decision made by the Fair Work 
Commission in accordance with this clause.  

 

Part B. Appointment and Working Arrangements 
8. Appointment and Probationary Period 

8.1 Employees may be engaged on a permanent, fixed term or maximum term or casual 
basis.   

8.2 All employees (excluding casual employees) are initially employed on a probationary 
basis for a period of six (6) months. During the probationary period, APRA or the 
employee may terminate employment by giving one (1) week’s written notice to the 
other. 

8.3 Employees who are engaged on a permanent, fixed term or maximum term basis may 
work full time or part time in accordance with this Agreement. 

8.4 APRA may vary the nature of an employee's job role and the level of responsibility 
applying to that role including having regard to:  

(a) the employee’s skills and capabilities; 

(b) the employee’s level of training; and 

(c) the employee’s current level of responsibility. 

9. Full Time Employees 

9.1 Full time employees work a maximum of 76 hours each fortnight (which can be 
averaged over a period of up to 12 months) plus reasonable additional hours.   

10. Part Time Employees 

10.1 Part time employees work regular hours less than 76 hours each fortnight (which can 
be averaged over a period of up to 12 months) plus reasonable additional hours.  

10.2 The remuneration for a part time employee will be calculated on a pro rata basis with 
the exception of expense related allowances and reimbursements. Leave and other 
entitlements will be provided, and payment calculated, in accordance with relevant 
legislation and this agreement.  

10.3 A part time employee's regular hours per fortnight and start and finish times will be 
recorded in a part time work agreement.   

11. Fixed or Maximum Term Employees 

11.1 Employees may be engaged on a fixed term or maximum term as agreed with APRA.  

11.2 The following clauses do not apply to fixed term employees: 








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(a) clause 18 – Capability based advancement; 

(b) clause 20 – Gratuities; 

(c) clause 29 - Parental leave; 

(d) clause 34 – Notice of termination by APRA (except where termination is for 
serious misconduct); 

(e) clause 37 – Redundancy. 

11.3 The following clauses do not apply to maximum term employees: 

(a) clause 18 – Capability based advancement; 

(b) clause 20 – Gratuities; 

(c) clause 29 - Parental leave. 

12. Casual Employees 

12.1 A casual employee is an employee engaged and paid as such.  Casual employees are 
employed by the hour and each engagement will stand alone.  

12.2 The following clauses of the Agreement do not apply to casual employees: 

(a) clause 9 – Full time employees; 

(b) clause 10 – Part time employees; 

(c) clause 11 – Fixed term or Maximum term employees;  

(d) clause 13 – Ordinary hours of work;  

(e) clause 17 – Annual Remuneration Review; 

(f) clause 18 – Capability based advancement; 

(g) clause 19 – Annual Performance Review and 2021/22 Transition Payment;  

(h) clause 23 – Higher duties; 

(i) clause 24 – Annual leave; 

(j) clause 25 – Personal/carers leave (except for clause 25.3(e) which relates to 
casual employees);  

(k) clause 27 – Public holidays; 

(l) clause 28 – Operational close down; 

(m) clause 29 - Parental leave; 

(n) clause 34 – Notice of termination by APRA; and 

(o) clause 37 – Redundancy. 








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12.3 Casual employees will be paid an hourly rate, calculated by reference to the minimum 
remuneration for the relevant level plus a casual loading of 25%.  A casual employee 
is paid casual loading in lieu of paid leave entitlements (other than long service leave 
provided for in legislation), notice of termination of employment and redundancy 
benefits, and payment for public holidays not worked. 

13. Ordinary Hours of Work 

An employee's ordinary hours of work will be determined in consultation between the 
employee and their manager.  In setting times, an employee's manager will consider 
the employee's personal needs, APRA’s operational requirements and the needs of 
other employees in the relevant work unit.  An employee's ordinary hours of work will 
be between 7.00am and 7.00pm, Monday to Friday, unless otherwise agreed between 
APRA and the employee. 

14. Meal Breaks 

14.1 All employees must take an unpaid meal break of at least 30 minutes after each five 
(5) hours worked.  The time at which this meal break may be taken will be agreed 
between the employee and their manager. 

14.2 Meal breaks will not be counted as time worked. 

15. Consultation 

15.1 This clause applies if:  

(a) APRA has made a definite decision to introduce a major change to production, 
program, organisation, structure, or technology in relation to its enterprise that 
is likely to have a significant effect on employees; or  

(b) APRA proposes to introduce a change to the regular roster or ordinary hours of 
work of employees.  

Major change 

15.2 APRA must notify affected employees of any decision to introduce major change. 

15.3 Affected employees may appoint a representative for the purposes of the procedures 
in this clause.  Upon being notified of the identity of an employee's nominated 
representative, APRA must recognise the representative. 

15.4 As soon as practicable after making a decision to introduce major change, APRA must:  

(a) discuss with affected employees and their representative/s:  

(i) the introduction of the change; and 

(ii) the effect the change is likely to have on the employees; and  

(iii) measures APRA is taking to avert or mitigate the adverse effect of the 
change on affected employees; and  

(b) for the purposes of the discussion provide, in writing, to affected employees and 
their representative/s:  








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(i) all relevant information about the change including the nature of the 
change proposed; and  

(ii) information about the expected effects of the change; and  

(iii) any other matters likely to affect employees.  

15.5 APRA is not required to disclose confidential or commercially sensitive information.  

15.6 APRA must give prompt and genuine consideration to matters raised about the major 
change by affected employees and their representative/s.  

15.7 If a term of this Agreement provides for a major change to APRA’s production, program, 
organisation, structure or technology, the requirements set out in 15.2, 15.3 and 15.4 
are taken not to apply. 

15.8 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 APRA's workforce or to 
the skills required of employees; or  

(c) the elimination or diminution of job opportunities (including opportunities for 
promotion or tenure); 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 restructuring of jobs. 

Changes to regular roster or ordinary hours of work  

15.9 APRA must notify affected employees of the proposed change to the regular roster or 
ordinary hours of work of employees.  

15.10 Affected employees may appoint a representative for the purposes of the procedures 
in this clause.  Upon being notified of the identity of an employee's nominated 
representative, APRA must recognise the representative. 

15.11 As soon as practicable after proposing to introduce the change, APRA must: 

(a) discuss with affected employees the introduction of the change; and 

(b) for the purposes of the discussion--provide to affected employees: 

(i) all relevant information about the change, including the nature of the 
change; and 

(ii) information about what APRA reasonably believes will be the effects of 
the change on the employees; and 








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(iii) information about any other matters that APRA reasonably believes are 
likely to affect the employees; and 

(c) invite affected employees to give their views about the impact of the change 
(including any impact in relation to their family or caring responsibilities). 

15.12 APRA is not required to disclose confidential or commercially sensitive information to 
affected employees. 

15.13 APRA must give prompt and genuine consideration to matters raised about the change 
by affected employees. 

15.14 In this clause 15, relevant employees means employees who may be affected by a 
change referred to in 15.1. 

 

Part C. Remuneration 
16. Payment of TRP 

16.1 2021 / 2022 Transition Remuneration Uplift 

All eligible employees covered by this Agreement will receive a transition remuneration uplift 
of 4% of their TRP effective from 1 July 2022.  

16.2 An employee will not be eligible for the 2021/2022 Transition Remuneration Uplift, if as 
at 30 June 2022 they are: 

(a) within their first six (6) months of employment; 

(b) a fixed term or maximum term employee whose term of employment is less than 
12 months; 

(c) a casual employee;  

(d) within their resignation period; 

(e) under formal performance management (or other disciplinary process); 

(f) on long term leave unless return to role is known;  

(g) party to an Individual Flexibility Arrangement, subject to negotiation between the 
employee and employer. 

16.3 Employees on secondment with imminent return to APRA at 1 July 2022 will be eligible 
for the 2021/2022 Transition Remuneration Uplift. Others will be reviewed upon their 
return to APRA. 

16.4 Employees on an Individual Flexibility Arrangement will be negotiated on an individual 
basis. 

 

 








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16.5 TRP Levels 

On engagement, each employee covered by this Agreement will be designated a level and a 
commencement TRP. The minimum and maximum TRP for each level at the commencement 
of the Agreement for a full-time employee is as follows: 

 Minimum TRP Maximum TRP 
Level 1 49,885 78,339 

Level 2 65,551 117,994 

Level 3 95,063 171,031 

Level 4 135,046 243,165 

 

16.6 Adjustment to Minimum and Maximum TRP 

(a) The minimum and maximum TRP of each level will be increased in line with the 
year to date % change in the private sector wage price index (WPI) based on 
the Australian Bureau of Statistics (ABS) confirmation of the most recently 
published June quarter. This will occur on the first pay period after each of the 
following dates: 

(i) 1 July 2022; 

(ii) 1 July 2023; and 

(iii) 1 July 2024. 

(b) Nothing in clause 16 requires APRA to increase an employee’s TRP, except 
where an employee’s TRP would otherwise be less than the minimum TRP for 
the relevant level after the adjustment outlined in clause 16.2(a). 

17. Annual Remuneration Review 

17.1 Subject to the APRA members being satisfied that sufficient productivity enhancements 
and cost savings have been achieved, the budget allocated each year for the annual 
remuneration review will be determined in line with the year to date % change in the 
WPI. 

17.2 Subject to the WPI not falling below 1%, all eligible employees will receive a minimum 
1% uplift to their TRP. In addition, the annual remuneration review will be undertaken 
to determine whether an employee will be eligible for an additional pay adjustment 
considering an employee’s individual contribution in terms of their capabilities. 
Employees that receive a pay adjustment from the annual remuneration review will 
have that adjustment effective from: 

(i) 1 July 2022; 

(ii) 1 July 2023; and 








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(iii) 1 July 2024. 

17.3 If the WPI falls below 1%, that percentage will be passed onto all eligible employees 
for that respective remuneration review.  

17.4 An employee will not be entitled to an annual remuneration review in a year, if they are: 

(a) within their first six (6) months of employment;  

(b) a fixed term or maximum term employee whose term of employment is less than 
12 months; 

(c) a casual employee;  

(d) assessed in the annual performance review as having not achieved at least 
satisfactory performance or behavioural expectations; or 

(e) an employee under formal disciplinary management, or with an acknowledged 
outcome to a disciplinary process occurring within the year.  

17.5 Additional funding, as determined by APRA, will be provided for pay adjustments due 
to progressions arising out of an application of the capability-based advancement 
process. 

17.6 Further information on the conduct of the annual remuneration review can be found in 
APRA’s policies and procedures.  

18. Capability Based Advancement 

18.1 Capability based advancement provides for specific capability and contribution-based 
progression within and between levels. 

18.2 Further information can be found in APRA’s policies and procedures. 

19. Annual Performance Review and 2021/22 Transition Payment 

19.1 An annual performance review will take place in the final quarter of the 2021/22 
financial year for the period commencing on 1 July 2021 concluding on 30 June 2022.  

19.2 All eligible employees covered by this Agreement will receive a transition payment 
representing 8% of their TRP as at 30 June 2022 payable on the first pay period on or 
after 1 July 2022.  

19.3 The following employees are not eligible for a payment for the 2021/22 performance 
review:  

(a) employees who are within their first six (6) months of employment;   

(b) a fixed term or maximum term employee whose term of employment is 12 
months or less;  

(c) a casual employee; 

(d) employees under formal performance management (or other disciplinary 
process); or 








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(e) employees on long term leave and return to APRA is not known. 

19.4 If an employee is entitled to a 2021/22 transition payment but has not completed the 
full 2021/22 performance review year, any payment will be pro-rated for the period the 
employee has completed.  

19.5 Further information on the conduct of the annual performance review can be found in 
APRA’s policies and procedures. 

20. Gratuities 

APRA, at its absolute discretion, may grant an employee a gratuity in respect of 
exceptional achievements in their employment.  If a gratuity is granted to an employee 
in accordance with this sub-clause it will be paid as a lump sum. 

21. Deductions 

APRA may deduct moneys from an employee's pay for payment to others on terms 
consistent with the Act. 

22. Superannuation 

22.1 APRA will make contributions to a superannuation fund as required in line with the 
applicable legislation and fund requirements.  

22.2 Employer superannuation contributions will also be paid to Employees who are on 
periods of paid and unpaid parental leave (including parental, adoption and foster care 
leave) for a maximum period of 12 months. 

22.3 In the absence of an employee nominating a fund, APRA will make contributions to an 
employee’s stapled fund. In the absence of a stapled fund, APRA will then make the 
required contributions to a MySuper product offered by Australian Super Pty Ltd.  

23. Higher Duties 

23.1 An employee who performs all the duties of a role at a higher level for 20 or more 
consecutive working days will be paid: 

(a) the minimum rate for the level in which the employee is temporarily working; or 

(b) their current TRP plus 10%, 

whichever is greater. 

23.2 An employee will not be entitled to be paid a higher rate in accordance with 
clause 23.1 during any handover period between the employee and a person who 
otherwise performs the role at the higher level.  

Part D. Leave and Public Holidays 
24. Annual Leave  

24.1 Full time employees are entitled to accrue 20 days paid annual leave in each 12 months 
of continuous service with APRA in accordance with the NES.   








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24.2 Part time employees will accrue annual leave on a pro-rata basis. 

24.3 Cashing Out Annual Leave 

(a) An employee may request, in writing, with approval entirely at APRA’s discretion 
considering any budgetary and health and well-being implications, to cash out 
an amount of the employee's accrued annual leave entitlement.  

(b) Annual leave will not be paid out unless there is a written agreement for each 
separate request and provided the payout would not result in the employee's 
remaining accrued entitlement to paid annual leave being less than four (4) 
weeks (or the pro-rata equivalent if the employee is a part-time employee).  Any 
cashed out annual leave will be calculated on the employee's TRP at the time 
of the cashing out. 

25. Personal/Carer's Leave 

25.1 An employee who is engaged by APRA after the commencement of this Agreement 
(other than a casual employee) will accrue Personal/Carer's Leave at the rate of 15 
days for the first 12 months of continuous service. This leave accrues progressively.  

25.2 Subject to the entitlement to Personal/Carer's Leave under the NES, an employee who 
accrues leave in accordance with clause 25.1 may take a maximum of five (5) days 
Personal/Carer's Leave for urgent personal business in the first 12 months of 
employment.  This five (5) day maximum does not apply to circumstances relating to 
pregnancy loss or family and domestic violence. 

25.3 Following the first 12 months of continuous service, employees other than casual 
employees, will be entitled to unlimited paid Personal/Carers leave.  

25.4 Casual employees are not entitled to paid Personal/Carer's Leave but rather to unpaid 
Personal/Carer's Leave in accordance with the NES. 

25.5 Notice and Evidence Requirements 

(a) In all circumstances when an employee is aware that they are unable to attend 
for work due to Personal/Carers Leave the employee must notify their manager 
as soon as possible on or before the day of the absence.  The employee must 
also advise their manager whether the reason for their absence is due to a 
personal illness or caring responsibilities and its estimated duration. 

(b) On request, an employee must provide APRA a medical certificate or other 
evidence that would satisfy a reasonable person as to the medical or other 
reasons for the absence if the employee is absent for more than two (2) 
consecutive days.   

(c) APRA reserves the right at any time to limit or to cease an employee's entitlement 
to unlimited paid Personal/Carer's Leave, having regard to factors including but 
not limited to: 

(i) the length of the employee's overall absence;  

(ii) the employee's pattern of workplace absence; 

(iii) the medical recommendations made available to APRA; 








17 
 

(iv) in respect to Personal Leave: 

1. where the employee unreasonably refuses to attend an 
independent medical examination;  

2. where the employee does not act in accordance with 
recommendations made by an independent medical examiner; or  

3. if the employee unreasonably fails to co-operate in any return to 
work plan arising out of recommendations made as a 
consequence of an independent medical examination.  

(d) Forfeiture to the entitlement to unlimited paid Personal/Carer's Leave under this 
clause will not affect an employee's rights to accrue ten days paid 
Personal/Carers Leave per year of service or five (5) days unpaid family and 
domestic violence leave in accordance with the NES.  

25.6 Independent Medical Examination   

After three (3) months’ continuous absence on Personal Leave or in other 
circumstances, as APRA determines appropriate due to the frequency, nature or level 
of absence for medical reasons, APRA may direct an employee to attend an 
independent medical examination at its expense.   

26. Compassionate Leave 

26.1 Full time and part time employees are entitled to three (3) days paid compassionate 
leave on each occasion, where a member of an employee’s immediate family or 
household dies or contracts or develops a life-threatening illness or injury.  

26.2 Full time and part time employees are entitled to an additional two (2) days paid leave 
if they need to travel interstate or overseas to attend the funeral of a member of the 
employee’s immediate family.  

26.3 Casual employees are entitled to two (2) days' unpaid compassionate leave on each 
occasion in accordance with the NES.  

26.4 APRA may request reasonable documentary evidence to support a request to take 
compassionate leave.   

27. Public Holidays 

27.1 Full time and part time employees will be entitled to be absent from work without 
deduction of pay on any day gazetted as a public holiday (including any gazetted 
substitute public holidays) in the State or Territory in which they are primarily employed.  

27.2 If Christmas Day, Boxing Day, New Year’s Day, Australia Day or ANZAC Day falls on 
a weekend, the next working day/s will be observed as a public holiday instead. 

27.3 APRA will provide an additional paid holiday each financial year (APRA Day) which will 
be treated as a public holiday for the purposes of the Agreement. 








18 
 

28. Operational Close Down 

28.1 APRA will close its normal operations from close of business on the last working day 
before Christmas, with business resuming on the first working day after New Year's 
Day (Operational close down period). 

28.2 During the Operational close down period, an employee must absent themselves from 
the workplace (unless they are otherwise directed to work) on either:  

(a) paid ‘close-down’ time when an employee works equivalent ‘make-up’ hours 
throughout the year; or   

(b) annual leave; or 

(c) unpaid leave.  

28.3 If an employee is directed to work their ordinary hours on the working days between 
Christmas and New Year's Day to provide essential services, the employee will be 
entitled to a corresponding amount of time off in lieu for each day worked. 

29. Parental Leave 

29.1 A full time or part time employee will be eligible to take up to 18 weeks paid parental 
leave if the employee: 

(a) has completed 6 months’ continuous service with APRA prior to the date or 
expected date of birth of the child or in the case of adoption or permanent foster, 
the day or expected day of placement of a child; and  

(b) gives birth to a child, or is the spouse or de facto partner of an individual who 
gives birth to a child, or adopts a child, or permanently fosters a child; and 

(c) certifies that they are the primary carer of the child during the time of the leave. 

29.2 Paid parental leave may be taken at half pay over 36 weeks.  

29.3 An eligible employee who is to give birth to a child may commence paid parental leave 
up to six (6) weeks before the expected date of birth of the child, and no later than the 
date of birth of the child.  The employee must take the paid leave within 24 months of 
the birth either as: 

(a) one single period of up to eighteen (18) consecutive weeks at full pay or thirty-
six (36) weeks at half pay; or 

(b) one period that includes a minimum of six (6) consecutive weeks following the 
birth of the child (at full pay or half pay), followed by one further period of up to 
the balance of 18 weeks at full pay or 36 weeks at half pay, within the 24 months 
of the birth. 

29.4 An eligible employee who is the spouse or de facto partner of an individual who gives 
birth to a child, or who adopts a child, or who permanently fosters a child, may 
commence paid parental leave within 24 months of the birth or placement of the child, 
subject to the following conditions:  








19 
 

(a) the employee cannot, except for a period of three (3) weeks at full pay or six (6) 
weeks at half pay after the birth or placement of the child, take paid parental 
leave at the same time as another primary carer; 

(b) the employee must take the leave as either: 

(i) one period of up to three (3) weeks at full pay or six (6) weeks at half pay 
at the birth or placement of the child, followed by one further period up to 
the balance of the 18 weeks at full pay or 36 weeks at half pay, within 
the 24 months of the birth or placement of the child; or 

(ii) one period of up to 18 consecutive weeks within 24 months of the birth 
or placement of the child.  

29.5 Nothing in this clause should be read as limiting an employee's entitlement to take 
unpaid parental leave in accordance with the NES.   

29.6 The entitlement to be paid parental leave under this clause is subject to adherence with 
the notice and documentary requirements prescribed under the NES.  

29.7 Casual and fixed term employees may be entitled to unpaid parental leave in 
accordance with the NES. 

29.8 Qualification – Adoption and Permanent Foster Leave 

Additional to the above, parental leave for adoption and permanent foster will only be 
available where the child will be under 16 years of age at the day of placement, is not 
a child of the employee or the employee’s spouse and will not have lived continuously 
with the employee for a period of six (6) months or more as at the day of placement. 

30. Long Service Leave 

30.1 Employees are entitled to long service leave in accordance with the provisions of the 
Long Service Leave (Commonwealth Employees) Act 1976 (Cth) and APRA's policies 
and procedures.   

30.2 The minimum period of leave that may be taken is seven (7) consecutive calendar days 
at full pay or 14 calendar days at half pay.  This leave may not be broken by other types 
of leave. 

31. Defence Reservist Leave  

31.1 Employees who are defence reservists and who are not casual employees, will be 
entitled to the following additional forms of leave and entitlements: 

(a) four (4) weeks leave on full pay each calendar year for reservists undertaking 
defence service. This leave may be accumulated and taken over a period of two 
(2) years; 

(b) an additional two (2) weeks paid leave to allow for a reservists' attendance at 
recruit/initial employment training; 

(c) scope for additional leave for defence service, either on a paid, unpaid or top-
up pay basis; 

(d) you are not required to pay any of your tax-free reserve salary to APRA; 








20 
 

(e) an employee who is an officer or instructor of cadets in a Cadet Force may be 
granted paid defence reservist leave of up to three (3) weeks each calendar 
year to perform duties as an officer or instructor of Cadets. For these purposes 
‘Cadet Force’ means the Australian Navy Cadets, Australian Army Cadets or 
the Australian Air Force Cadets; 

(f) employees have leave for defence service, whether with or without pay or on 
top-up pay, treated as service for all purposes - the exception being that a period 
or periods of leave without pay in excess of six (6) months not count as service 
for annual leave purposes; and 

(g) employees have continued access to studies support, remuneration and 
performance reviews, and other 'salary sacrifice' arrangements, during periods 
of Defence service. 

31.2 Casual employees are entitled to the above additional forms of Defence Reservist 
leave and conditions, except that all forms of leave will be on an unpaid basis. 

31.3 Information about Defence reservist leave can be found in APRA's policies and 
procedures.   

32. Jury Service 

32.1 If an employee is summonsed for jury service, the employee must inform APRA as 
soon as practical of the anticipated period the employee will be absent from work on 
jury service.  The employee must give APRA proof of their attendance, the duration of 
the employee's attendance and evidence of the amount the employee received in 
respect of jury service.  

32.2 If you are not a casual employee, APRA will grant you fully paid leave for jury service 
on the condition that any allowance received from the Court is paid to APRA. 

33. Other Leave 

33.1 Other leave, paid or unpaid, may be granted at APRA's discretion. Casual employees 
may access other forms of leave but in all instances, it will be on an unpaid basis. 

33.2 Further information about other leave can be found in APRA’s policies and procedures. 

 

 

 

 

 

 

 








21 
 

Part D. Separation of Employment  
34. Notice of Termination by APRA 

34.1 An employee's employment may be terminated by APRA giving notice or payment in 
lieu of such notice according to the table below: 

Employee’s period of continuous service with employer Period of Notice 

Not more than 1 year At least 1 week 

More than 1 year but not more than 3 years At least 2 weeks 

More than 3 years but not more than 5 years At least 3 weeks 

More than 5 years At least 4 weeks 

 

34.2 In the case of an employee who is over 45 years of age and who has completed at 
least two (2) years continuous service with APRA, the period of notice in the table is 
increased by one (1) week. 

35. Notice of Resignation  

35.1 An employee may resign from their employment by giving APRA four (4) weeks’ notice 
in writing except during the probationary period where one (1) weeks’ notice is required. 
APRA may require an employee to work out this period of notice or may pay the 
employee in lieu of notice.  

35.2 If an employee fails to provide the required notice, APRA may withhold an amount from 
any monies due to the employee on termination under this Agreement or the NES. This 
amount will not exceed the amount the employee would have been paid under this 
Agreement in respect of the required notice period, less any period of notice actually 
given by the employee. 

36. Serious Misconduct 

APRA may terminate an employee's employment without notice at any time for serious 
misconduct. In such circumstances APRA is liable to pay only up to the time of the 
employee's dismissal. 

37. Redundancy 

37.1 Nothing in this Agreement should be regarded as limiting the right of APRA to 
determine at its absolute discretion the numbers and classification of employees it 
requires to carry out the functions and exercise the powers required of it under the 
provisions of the Australian Prudential Regulation Authority Act 1998 (Cth). 

37.2 Consultation Obligations 

(a) In the event that APRA decides that it no longer requires the position performed 
by an employee to be performed by anyone, it will advise the affected employee 
in writing and will consult with them.   








22 
 

(b) The consultation period provided by this clause will continue for four (4) weeks 
(or such shorter period if agreement can be reached with the employee) from 
the date on which an affected employee is advised that their position is excess 
to APRA's requirements.   

(c) The affected employee may, for the purposes of this consultation, appoint a 
representative.  Representatives must be appointed in writing and a copy of the 
appointment provided to APRA. 

(d) During the consultation period APRA will make every reasonable endeavour to 
explore the possibility of redeploying the affected employee within its 
operations.  In the event that APRA determines that reasonable redeployment 
is not available, termination of employment on the basis of redundancy will 
proceed. 

37.3 Severance Pay 

(a) An employee whose employment is terminated as a consequence of 
redundancy will be given severance pay, as outlined in the following table: 

Length of service  Severance Pay 

Less than 1 year  Nil 

At least 1 year but 
less than 2 years  

4 weeks 

At least 2 years 
but less than 3 
years  

6 weeks 

At least 3 years 
but less than 4 
years  

7 weeks 

From 4 years’ 
service and 
beyond  

For each year beyond 4 years’ service, 2 weeks 
remuneration for each completed year of continuous 
service with APRA plus a pro-rata payment for each 
completed month of service, up to a maximum sum 
payable as severance pay on termination of 48 
weeks. 

 

(b) This period of notice will be served, as far as practicable, concurrently with the 
consultation period. 

37.4 Notice of Termination in Addition to Severance Pay 

In addition to severance pay, full time and part time employees will be entitled to four 
(4) weeks’ notice of termination or, if the employee is aged 45 years of age or more 
who have completed at least two years of service, five (5) weeks’ notice of termination.  








23 
 

37.5 Calculation of Severance Pay and Notice of Termination 

Severance pay and notice of termination are calculated on the affected employee's 
TRP.  

37.6 Exclusion from Entitlement to Severance Pay 

(a) Severance pay will not be payable if APRA finds the affected employee 
acceptable alternative employment which is comparable to the employee's 
previous employment and remuneration with APRA. 

(b) No entitlement to severance pay will arise where employment ends as a 
consequence of conduct justifying instant dismissal or an employee is 
terminated at the conclusion of their fixed or maximum term contract.   








24 
 

Part E.  Signatories 
Signed for and on behalf of the Australian Prudential Regulation Authority, 1 Martin Place, 
Sydney, NSW, 2000: 

   

 

  

 ....................................................................    .....................................................................  
Signature of authorised person  Signature of witness 

   
Laura Tierney  Warwick Escott 
 ....................................................................    .....................................................................  

Name (please print)  Name (please print) 
   
 
Level 11, 1 Martin Place, SYDNEY NSW 2000 

 Level 11, 1 Martin Place, SYDNEY NSW 
2000 

 ....................................................................    .....................................................................  
Address (please print)  Address (please print) 

   
Acting Head of Employment Relations & 
Wellbeing 

  

 ....................................................................    
Authority to sign (please print)   

 

 

Signed for and on behalf of the Employees by their authorised representative(s): 

   
   
 ....................................................................    .....................................................................  

Signature of authorised person  Signature of witness 
   
   
Lisa Smith 
 ....................................................................  

 Ian Smith 
 .....................................................................  

Name (please print)  Name (please print) 
   
   
 Level 11, 1 Martin Place, SYDNEY  NSW  2000
 ....................................................................  

 1a/2 Costello Place, SEVEN HILLS  NSW  
2148 
 .....................................................................  

Address (please print)  Address (please print) 
   
   
Employee Bargaining Representative 
 ....................................................................  

  

Authority to sign (please print)   
 


Vierney




 



 

 

IN THE FAIR WORK COMMISSION 

FWC Matter No: AG2021/9228 

Applicant: Australian Prudential Regulation Authority 

Application: Application for approval of the APRA Enterprise Agreement 2022 

 

UNDERTAKING – section 190 

I, Steve Matthews, Chief Operating Officer, give the following undertakings with respect to the APRA 
Enterprise Agreement 2022 (Agreement): 

1. If APRA engages any shiftworker during the life of the Agreement, APRA will apply the definition 
of 'shiftworker' in clause 20.4 of the Australian Government Industry Award 2016 (Award). 

2. APRA acknowledges that clause 37.6 of the Agreement will only apply where the Fair Work 
Commission makes an order under s120 of the Fair Work Act 2009 (Cth) to that effect. 

3. If a casual employee is directed by APRA to work: 

(a) before 7.00 a.m. or after 7.00 p.m. Monday to Friday; 

(b) on a Saturday, Sunday or public holiday; 

(c) in excess of 76 ordinary hours in a fortnight; or 

(d) in excess of 7hrs 36 mins (7.6 hours) per day 

they will be paid overtime rates in accordance with clause J.8 of the Award.  

 

Employer name: Australian Prudential Regulation Authority 

 

Signature:  

 

Date: 22 March 2022 

 

Cases cited by this decision: