Amnesty International Australia Employment Agreement 2023

1

Fair Work Act 2009 
s.185—Enterprise agreement

Amnesty International Australia
(AG2023/1441)

AMNESTY INTERNATIONAL AUSTRALIA EMPLOYMENT 
AGREEMENT 2023

Social, community, home care and disability services

DEPUTY PRESIDENT O’NEILL MELBOURNE, 2 JUNE 2023

Application for approval of the Amnesty International Australia Employment Agreement 2023

[1] An application has been made for approval of an enterprise agreement known as the 
Amnesty International Australia Employment Agreement 2023 (the Agreement). The 
application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made 
by Amnesty International Australia. 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] The Australian Municipal, Administrative, Clerical and Services 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.

[5] I observe that the following provisions are likely to be inconsistent with the National 
Employment Standards (NES): 

 Clause 6.11 – Compassionate Leave; and
 Clause 12.2.2 – Notice of Termination by an Employee.

However, noting clause 1.2.1 of the Agreement, I am satisfied the more beneficial entitlements 
of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[2023] FWCA 1599

DECISION
FairWork 

Commission 


* AUSTRALIA FairWork Commission














[2023] FWCA 1599

2

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
9 June 2023. The nominal expiry date of the Agreement is 30 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE520221  PR762756


WORK COMMISSION THE SEA THE F




 



[2023] FWCA 1599

3

Annexure A

IN THE FAIR WORK COMMISSION 

FWC Matter No.: 
AG2023/1441 

Applicant: 
Amnesty International Australia 

Undertaking- section 190 

I, Emily Willis, People and Culture Lead for Amnesty International Australia give the following 
undertakings with respect to the Amnesty International Australia Employment Agreement 2023 (''the 
Agreement"): 

1. I have the authority given to me by Amnesty International Australia to provide this undertaking in 
relation to the application before the Fair Work Commission. 

2. In relation to Clause 3.4.6(c), AIA will pay employees in the Levels and Pay Points below, 
directed to work overtime on a public holiday, at the rate of two hundred and fifty percent (250% ). 

i. Level 2, Pay Points 1, 2 and 3 
ii. Level 3 Pay Point 1 
iii. Level 5 Pay Points 1, 2, 3 and 4 
iv. Level 7, Pay Points 1, 2 and 3 

3. In addition to the meal break provided for in Clause 3.2, every employee will be entitled to a paid 
10 minute tea break in each four hours worked at a time agreed between AIA and the employee. 
Tea break will count as time worked. 

4. Clause 5.13.4 of the Agreement should be read as: 

An employee required to be on-.caU shall re-cerve the following amounts for each 24 hour period or part thereof, when the on call period is 
as follows: 

Employer name: 

Authority to sign: 

Signature: 

Date: 

Monday to Saturda 
Fridav V 

EA 
S27.86 S41.66 

Commencement 
From 01 Jan 2024 S28.84 S43.12 
From 01 Jan 2025 S29.85 S44.63 

Amnesty International Australia 

People and Culture Lead 

30th May 2023 

Sunday or 
PH 

S48.68 

S50.38 
S52.14 


NI IAR WORK COMMISSION Applicant , Timely Willis, Ihope and Sobre Led for Amnesty International fustela give a elig i. Monday to Sapeda Sunday of Friday PH EA Commencement From 01 Jan 2024 $28.84 $43.12 50.38 From 01 Jan 2025 $29.85 $44.63 $52.14 Amnesty Intastos Ausheda

IN THE FAIR WORK COMMISSION FWC Matter No. AG2023/1441 Applicant: Amnesty International Australia Undertaking - section 190 I, Emily Willis, People and Culture Lead for Amnesty International Australia give the following undertakings with respect to the Amnesty International Australia Employment Agreement 2023 (' the Agreement") have the authority given to me by Amnesty International Australia to provide this undertaking in relation to the application before the Fair Work Commission. 2 relation to Clause 3 4.6(c), AlA will pay employees in the Levels and Pay Points below, directed to work overtime on a public hol day, at the rate of two hundred and fifty percent (250%). Level 2, Pay Points 1, 2 and 3 Level 3 Pay Point 1 Level 5 Pay Points 1, 2, 3 and 4 Level 7, Pay Points 1, 2 and 3 3. In addition to the meal break provided for in Clause 3.2, every employee will be entitled to a paid 10 minute tea break in cach four hours worked at a time agreed between AlA and the employee. Tea break will count as time worked. Clause 5.13.4 of the Agreement should be read as: An employee required to be on call shall receive the following amounts for each 24 hour period or part th in the on call period is as follows atur : $27.86 $41.66 $48.68 Employer name: Amnesty International Australia Authority to sign: People and Culture Lead Signature Date 30th May 2023




 



AIA Enterprise Agreement 2023       1

AMNESTY INTERNATIONAL AUSTRALIA EMPLOYMENT AGREEMENT 2023

PART 1. OPERATION OF THE AGREEMENT..........................................................................................4
1.1. TITLE 4
1.2. DEFINITIONS 4
1.3. SCOPE OF THE AGREEMENT 5
1.4. INTENTION 5
1.5. TERM 5

PART 2. GENERAL MATTERS...............................................................................................................6
2.1. RECRUITMENT 6
2.2. TERMS OF ENGAGEMENT 6
2.3. FULL TIME EMPLOYEES 6
2.4. PART TIME EMPLOYEES 6
2.5. FIXED TERM EMPLOYMENT 7
2.6. CASUAL EMPLOYEES 8
2.7. PROBATIONARY EMPLOYEES 8
2.8. CHANGES TO EMPLOYMENT TYPE 8
2.9. CALCULATION OF CONTINUOUS SERVICE 9
2.10. EMPLOYEES WITH CHRONIC ILLNESS, CARER’S RESPONSIBILITIES OR DISABILITY 10
2.11. OUTSIDE ACTIVITIES 10

PART 3. WORKING ARRANGEMENTS................................................................................................11
3.1. HOURS OF WORK 11
3.2. WORK BREAKS 11
3.3. FLEXIBLE WORKING HOURS 11
3.4. OVERTIME 12
3.5. TIME OFF IN LIEU 12
3.6. WORKING FROM HOME 13

PART 4. CLASSIFICATIONS, SALARIES AND SUPERANNUATION ........................................................15
4.1. RATES OF PAY 15
4.2. SALARY CLASSIFICATION REVIEWS 16
4.3. SALARY INCREMENTS 17
4.4. PAYMENT OF SALARIES 17
4.5. SUPERANNUATION 17

PART 5. ALLOWANCES AND EXPENSES.............................................................................................20
5.1. ACCOMODATION EXPENSES 20

AMNESTY 
INTERNATIONAL 


AMNESTY INTERNATIONAL




 

Fruscalzo
UT



AIA Enterprise Agreement 2023     2 

5.2. MEAL AND INCIDENTAL EXPENSES 20 
5.3. WORK RELATED EXPENSES 20 
5.4. TIME RECORDING FOR TRAVEL 20 
5.5. INTERVIEWS 21 
5.6. AIA RELOCATION 21 
5.7. VOLUNTARY RELOCATION 21 
5.8. MOTOR VEHICLE ALLOWANCE 22 
5.9. FARES 22 
5.10. HIGHER DUTIES ALLOWANCE 22 
5.11. FIRST AID AND WORKPLACE HEALTH AND SAFETY (WHS) REPRESENTATIVE 23 
5.12. EMERGENCY RESPONSE CALL OUT 23 
5.13. ON CALL ALLOWANCE 23 

PART 6. LEAVE ................................................................................................................................... 25 
6.1. LEAVE APPROVALS 25 
6.2. ANNUAL LEAVE 25 
6.3. ANNUAL LEAVE IN ADVANCE 26 
6.4. EXCESSIVE ANNUAL LEAVE 26 
6.5. PURCHASED ANNUAL LEAVE 27 
6.6. ANNUAL LEAVE AT HALF PAY 28 
6.7. PAID PERSONAL/CARER’S LEAVE 29 
6.8. UNPAID CARER’S LEAVE 30 
6.9. CHRONIC ILLNESS 30 
6.10. SUPPLEMENTARY LEAVE 30 
6.11. COMPASSIONATE LEAVE 31 
6.12. FAMILY VIOLENCE LEAVE 31 
6.13. NOTIFYING AN ABSENCE 31 
6.14. INTERACTION WITH OTHER LEAVE TYPES 32 
6.15. CULTURAL LEAVE 32 
6.16. HOLIDAY SHUTDOWN 33 
6.17. PUBLIC HOLIDAYS 33 
6.18. COMMUNITY SERVICE LEAVE 33 
6.19. LONG SERVICE LEAVE 34 
6.20. PARENTAL LEAVE 35 
6.21. STUDY LEAVE 36 
6.22. GENDER AFFIRMATION LEAVE 36
6.23. LEAVE WITHOUT PAY 37 
6.24. LEAVE FOR INVOLVEMENT IN OTHER AREAS OF AI ACTIVITY 37 

PART 7. WORKPLACE CONSULTATION ............................................................................................... 38 
7.1. INTRODUCTION OF MAJOR CHANGE 38 
7.2. CHANGE TO REGULAR ROSTER OR ORDINARY HOURS OF WORK 39 
7.3. JOINT CONSULTATIVE COMMITTEE (JCC) 40 
7.4. EQUAL OPPORTUNITY 41 

PART 8. WORKPLACE HEALTH AND SAFETY AND EMPLOYEE REPRESENTATION ................................ 42 
8.1. WORKPLACE HEALTH AND SAFETY (WHS) 42 
8.2. EMPLOYEE REPRESENTATION 42 
8.3. INJURING AN EMPLOYEE ON ACCOUNT OF INDUSTRIAL ACTION 43 
8.4. TRAINING FOR EMPLOYEE DELEGATES 43 
8.5. MEETINGS FOR EMPLOYEES CONCERNING INDUSTRIAL MATTERS 44 






  



AIA Enterprise Agreement 2023     3 

PART 9. GRIEVANCE AND DISPUTE SETTLEMENT PROCEDURE ......................................................... 45 
9.1. PROCEDURE 45 

PART 10. PERFORMANCE MANAGEMENT MISCONDUCT PROCEDURES, AND TERMINATION. ........... 47 
10.1. PERFORMANCE MANAGEMENT AND MISCONDUCT PROCEDURE 47 
10.2. STEP 1- FIRST WARNING 48 
10.3. STEP 2 - SECOND WARNING 48 
10.4. STEP 3 - FINAL WRITTEN WARNING 48 
10.5. STEP 4 - TERMINATION 48 
10.6. WRITTEN RECORDS 48 
10.7. DISPUTES CONCERNING PERFORMANCE MANAGEMENT AND MISCONDUCT 

PROCEDURES 49 
10.8. SUMMARY DISMISSAL 49 

PART 11. INDIVIDUAL FLEXIBILITY AGREEMENT (IFA) ......................................................................... 51 
11.1. PROCEDURE 51 

PART 12. TERMINATION AND REDUNDANCY ..................................................................................... 52 
12.1. TERMINATION 52 
12.2. NOTICE OF TERMINATION BY AN EMPLOYEE 52 
12.3. NOTICE OF TERMINATION BY AIA 52 
12.4. CERTIFICATE OF SERVICE 52 
12.5. REDUNDANCY 52 

PART 13. FINAL MATTERS .................................................................................................................. 55 
13.1. NO EXTRA CLAIMS 55 
13.2. VARYING THE AGREEMENT 55 
13.3. SAVINGS 55 

PART 14. SIGNATURES ....................................................................................................................... 56 
   

 








AIA Enterprise Agreement 2023     4 

PART 1. OPERATION OF THE AGREEMENT 

1.1. TITLE 

1.1.1. The title of this Agreement is the Amnesty International Australia Employment 
Agreement 2023. 

1.2. DEFINITIONS 

1.2.1. In this Agreement: 

“AI” means the International Secretariat or any other Section, Structure, Regional 
Office or Pre-Structure of Amnesty International other than AIA. 

“AIA” means Amnesty International Australia (ACN 002 806 233). 

“AMT” means the Australian Management Team. 

"Agreement" means the Amnesty International Australia Employment Agreement 
2023. 

“Family and Domestic Violence” means violent, threatening or other abusive 
behaviour by certain individuals as set out in legislation that seeks to coerce or control 
the employee and/or causes them harm or fear. 

”FWC” means the Fair Work Commission 

“FW Act" means the Fair Work Act 2009 (Cth) as amended from time to time 

“Immediate Family” has the same meaning as defined in the FW Act, currently this 
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; or 

c. in the case of Aboriginal and Torres Strait Islander employees, kinship affinity.  

“JCC” means the Joint Consultative Committee. 

“Line Manager” means a person who is appointed or delegated by AIA with 
responsibility for the management of one or more employees, or a person acting in 
that capacity. 

“ND” means the person holding the position; or, in the absence of that person, the 
person duly delegated to act in the capacity of, the National Director of Amnesty 
International Australia. 

"NEC" means the National Executive Committee of Amnesty International Australia. 

“NES” means the National Employment Standards as amended from time to time. This 
Agreement will be read and interpreted in conjunction with the NES. Where there is an 
inconsistency between this Agreement and the NES, and the NES provides a greater 
benefit, the NES provision will apply to the extent of the inconsistency. 

“Open Selection Process” has the same meaning as in the AIA Recruitment Procedure. 

 “Probationary Employee” means a person who has been employed on a probationary 








AIA Enterprise Agreement 2023     5 

period and has not yet been deemed by AIA to have passed that probation. 

“Remote Location” means an area designated by the Australian Tax Office as Zone A. 

“Representative” means a person who is appointed by a person covered by this 
Agreement, and agrees to such appointment, for the purpose of representing them in 
matters pertaining to this Agreement. Such a representative may be an officer of a 
union or any other person. 

“Sorry Business” means a period of Aboriginal and Torres Strait Islander cultural 
practices and protocols associated with death. Sorry Business may also be conducted 
to mark the experience of grief or loss around other circumstances, for example the 
loss of traditional land. 

“Union” means any Employee Organisation which is covered by this Agreement. 

1.3. SCOPE OF THE AGREEMENT 

1.3.1. This Agreement covers: 

a. Amnesty International Australia (ACN 002 806 233) (AIA); 
b. employees of AIA other than: 

c. the Australian Services Union. 

1.4. INTENTION 

1.4.1. This Agreement replaces all previous agreements and understandings between AIA, 
its employees, and the Union provided that this Agreement does not diminish any 
entitlements accrued under those previous Agreements. 

1.4.2. This Agreement regulates the terms and conditions of the employment of employees 
and will operate in conjunction with all relevant legislation. The Agreement will 
prevail to the extent of any inconsistency.  

1.5. TERM 

1.5.1. This Agreement shall operate from the date on which FWC orders and shall nominally 
expire on 30 September 2025.  

1.5.2. The parties agree to commence negotiations on the new Agreement and provide a 
list of proposed changes to the Agreement no later than three (3) months prior to the 
nominal expiry date of the Agreement.

i. The National Director, and 
ii. Directors; 








AIA Enterprise Agreement 2023          6 
 

PART 2. GENERAL MATTERS 

2.1. RECRUITMENT 

2.1.1. All vacant positions will be advertised ‘internally’ through group email and 
the AIA website. Any employee whose application meets the selection 
criteria for the advertised position will be interviewed for the position. All 
unsuccessful internal applicants will be entitled to receive feedback on their 
application. 

2.2. TERMS OF ENGAGEMENT 

2.2.1. Upon engagement, AIA will provide each new employee with a written letter 
of appointment that includes: 

a. the position description; 
b. the employee's regular hours of work or expected pattern of work; 
c. the employee's classification and rate of pay pursuant to this 

Agreement; 
d. notification of any applicable probationary period for new full time, part 

time and fixed term employees; 
e. the nature and detail of engagement in accordance with clause 2.2.2; 

and  
f. for a fixed term employee, the circumstances of the fixed term nature as 

defined in clause 2.5.1, the actual or expected duration of the 
employment, and that employment beyond that period is not expected; 
and 

g. ongoing access to this Agreement in electronic form.   

2.2.2. Employees shall be engaged as one of the following: 

a. full-time, or  
b. part-time, 
c. and may be either permanent or fixed term, or 
d. casual. 

2.2.3. AIA is committed to providing greater job security for its employees by 
limiting the use of casual and fixed term contracts, which create job 
insecurity. 

2.3. FULL TIME EMPLOYEES 

2.3.1. A full time employee is defined as an employee who is engaged on a full time 
basis of seventy five (75) hours per fortnight. 

2.4. PART TIME EMPLOYEES 

2.4.1. A part time employee is an employee who works for a specified number of 
regular hours being less than seventy five (75) hours per fortnight but not 
less than fifteen (15) hours per fortnight. 

2.4.2. Part-time employees shall be paid an hourly rate calculated on the basis of 
one seventy fifth (1/75) of the appropriate fortnightly rate calculated from 
the full time annual salaries set out in Part 4 of this Agreement. 








AIA Enterprise Agreement 2023     7 

2.4.3. A part-time employee is entitled to the provisions of this Agreement on a pro 
rata basis unless otherwise specified. 

2.4.4. Before commencing employment, AIA and a part time employee will agree in 
writing on:  

a. on a regular pattern of work including the number of hours to be 
worked each week, and  

b. the days of the week the employee will work and the starting and 
finishing times each day. 

2.4.5. The agreed regular pattern of work does not necessarily have to provide for 
the same guaranteed number of hours in each week 

2.4.6. The agreement made pursuant to clause 2.4.4 may subsequently be varied by 
agreement in writing.  

2.5. FIXED TERM EMPLOYMENT 

2.5.1. A fixed term employee may be engaged to work on either a full-time or part-
time basis in the following circumstances: 

a. for the completion of a specific task(s) or project; or 
b. to relieve in a vacant position arising from an employee taking leave in 

accordance with this Agreement or to relieve a vacant position arising 
from an employee undertaking a secondment; or 

c. for the temporary provision of specialist skills that are not available 
within AIA for a specified period of time; or 

d. to fill short term vacancies, resulting from the resignation of an 
employee, during the recruitment and selection process; or 

e. any other reason subject to agreement of the Union. 

2.5.2. A fixed term employee can be appointed to a permanent position; however, 
a position cannot be determined to be a fixed term position except under the 
circumstances specified in clause 2.5.1. 

2.5.3. This Agreement shall apply to a fixed term employee except to the extent 
that the Agreement expressly provides that it does not apply. 

2.5.4. Fixed term employees should expect their employment with AIA to end on 
the date specified within their contract of employment. AIA and a fixed term 
employee may agree to the duration of the period of employment being 
extended so long as the reason for the engagement under clause 2.5.1 
remains valid and each extension is for less than twelve (12) months. 

2.5.5. AIA will not dispense with a permanent position or avoid creating an ongoing 
permanent position through the use of fixed term employment.   

2.5.6. AIA will inform fixed term employees, four (4) weeks prior to their contract 
ending, facts that AIA knows about the likelihood of any contract extension. 
Nothing in this clause excludes AIA from offering a contract extension with 
less notice or requires a fixed term employee to accept an extension if 
offered. 

2.5.7. At the conclusion of the fixed term the employee will not be entitled to the 
provisions of Part 12 of this Agreement. 








AIA Enterprise Agreement 2023     8 

2.6. CASUAL EMPLOYEES 

2.6.1. A casual employee is an employee who is engaged intermittently for work of 
an unexpected, temporary or casual nature. 

2.6.2. An employee not engaged intermittently for work of an unexpected, 
temporary nature is a permanent employee. 

2.6.3. A casual employee shall be paid for a minimum period of four (4) consecutive 
hours for each engagement. 

2.6.4. A casual employee shall be paid for such hours worked at a rate equal to one 
seventy-fifth of the appropriate fortnightly full time rate prescribed in Part 4, 
plus a loading of 25% in lieu of the leave and other entitlements in this 
Agreement. 

2.6.5. Where a casual employee is engaged to work outside of, or in addition to, the 
bandwidth as set out in clause 3.1.2 they shall be paid penalty rates in 
accordance with the overtime provisions as set out in clause 3.4. 

2.6.6. This Agreement applies to casual employees other than the following: 

a. clause 3.3; 
b. Part 6 (other than the following clauses which do apply: clauses 6.8, 

6.11, 6.12, 6.13, 6.17, 6.17, 6.18, 6.19, 6.20, 6.22); and 
c. clause 12.5. 

2.7. PROBATIONARY EMPLOYEES 

2.7.1. All new employees, other than fixed term employees engaged for a period of 
less than six (6) months, will be engaged for a probationary period of three 
(3) months. However, this period may be extended by the amount of any 
approved leave that takes place during the three months.   

2.7.2. An employee's performance will be monitored by AIA during the 
probationary period and AIA will conduct a performance review with the new 
employee in accordance with AIA’s policies and procedures before 
determining if confirmation of employment is to be provided to the 
employee. 

2.7.3. Where AIA has serious concerns about the work performance or conduct of a 
probationary employee, AIA may terminate the employment of the employee 
in accordance with clause 2.7.4 or may extend the initial period of probation 
for a further period to address the identified concerns, so long as the 
probationary period does not exceed six (6) months in total. 

2.7.4. Either party may terminate employment within the probationary period by 
giving two (2) weeks’ notice in writing. For the avoidance of doubt, Part 9 of 
this Agreement is not applicable for termination of probationary employees. 

2.8. CHANGES TO EMPLOYMENT TYPE 

2.8.1. A full-time employee with at least twelve (12) months continuous service 
may apply to AIA to reduce their hours to permanent part time including 
applying to job share their full time position. Such a request must be in 
writing and be received by AIA at least four (4) weeks prior to the requested 
commencement date. AIA will not unreasonably refuse such requests 








AIA Enterprise Agreement 2023     9 

received and will advise the employee in writing of its decision. Any such 
agreed change will permanently vary the employee’s ordinary hours and 
terms of engagement with AIA. 

2.8.2. A fixed-term employee who has been engaged in a role for six (6) months or 
longer who was appointed through an Open Selection Process shall be 
automatically appointed to that position if the role becomes permanent 
unless: 

a. the employee is being performance managed, or 
b. the employee is a probationary employee, or  
c. the manager of the employee makes a reasonable business case to 

People and Culture that such an automatic appointment should not 
occur. 

2.9. CALCULATION OF CONTINUOUS SERVICE 

2.9.1. Continuous service will be calculated from the first date of employment at 
AIA where the employment, including fixed term employment, has been 
unbroken or is for consecutive periods, including in the following 
circumstances: 

a. absence on paid leave including long service leave; 
b. any unpaid approved absences not longer than one (1) week’s duration 

(other than the absences relating to annual leave at half pay in 
accordance with clause 6.6); 

c. from 1 January 2019, an absence after birth or adoption of a child 
(other than in the case of a casual employee) on unpaid parental leave 
which, in combination with any period of paid parental leave, totals 52 
weeks or less; 

d. any periods as a probationary employee; 
e. for the period worked at AI, providing there is no break of employment 

between the time worked at AI and working with AIA; and 
f. for the period of AIA approved work with non-AI organisations, 

providing there is no break of employment between the time worked 
at the organisation and working with AIA. 

2.9.2. In some circumstances, service is considered continuous, but the duration of 
absences will not be taken into account for the calculation of benefits such as 
leave entitlements. These include: 

a. absence on unpaid leave of more than one (1) week, including unpaid 
parental leave and leave without pay; for the avoidance of doubt, any 
government paid parental leave scheme is treated as unpaid leave by 
AIA, unless combined with another form of paid leave under this 
Agreement; 

b. absence on the unpaid leave portion of annual leave at half pay; 
c. injury or illness in excess of forty eight (48) weeks; 
d. where prior employment with AI is the last place of employment; 
e. where any gap between periods of employment is not greater than 

sixty (60) working days and no other employment has been taken up. 

  








AIA Enterprise Agreement 2023     10 

2.10. EMPLOYEES WITH CHRONIC ILLNESS, CARER’S RESPONSIBILITIES OR DISABILITY  

2.10.1. Section 65 of the FW Act provides for requests for flexible working 
arrangements. This clause provides further provisions. 

2.10.2. AIA recognises the importance of leave and flexible working conditions for 
employee’s work life balance, in particular employees with chronic illness, 
carer’s responsibilities or employees with a disability. AIA will give 
consideration to an employee’s chronic illness, carer’s responsibilities or 
disability where relevant, when considering leave requests and access to 
flexible working conditions. 

2.11. OUTSIDE ACTIVITIES  

2.11.1. AIA is independent of any government, political ideology, economic interest 
and religion to ensure it can speak out against human rights abuses wherever 
they occur. A conflict of interest activity is an activity which is likely to harm 
this independence.  

2.11.2. Examples of activities that have the potential to cause a conflict of interest 
include, but are not limited to, running for political office, or holding a public 
position within an organisation which is likely to undermine AIA's Mission, 
Vision or ability to carry out its work protecting and defending human rights. 
This risk is higher for employees in public facing positions. 

2.11.3. AIA recognises the right of employees to exercise their rights enshrined in the 
Universal Declaration of Human Rights. AIA will not unreasonably inhibit an 
employee's ability to exercise those rights. 

2.11.4. If an employee plans to be involved in an outside activity that has the 
potential to cause a conflict of interest, they are required to inform their 
manager prior to engaging in the outside activity.  This will allow the manager 
and AIA to assess the likely risk before the activity commences.  New 
employees or employees whose role changes, must notify their manager of 
any current activities that may cause a conflict of interest so that an 
immediate assessment can occur.  

2.11.5. Where AIA deems that a conflict of interest exists, AIA may: 

a. require the employee to take a period of leave without pay for the 
duration of the conflict,  

b. adjust the duties of the role for the duration of the conflict, or  
c. direct that the employee cannot accept the outside activity whilst 

employed by AIA. 

2.11.6. Where there is dispute about a decision regarding a conflict of interest, AIA 
will engage an agreed independent and external third party to review and 
provide advice on the decision in a timely manner. The advice will be 
accepted and implemented by both parties, unless AIA and the employee 
agree another mutually acceptable outcome.  

 

  








AIA Enterprise Agreement 2023     11 

PART 3. WORKING ARRANGEMENTS 

3.1. HOURS OF WORK 

3.1.1. Ordinary hours of work, exclusive of meal breaks, shall be seventy five (75) 
hours per fortnight. 

3.1.2. The bandwidth shall be 8am to 8pm, Monday to Friday, and a maximum of 
ten (10) hours per day. 

3.1.3. The official hours of duty shall be 9am to 5pm Monday to Friday inclusive and 
shall be seven (7) hours thirty (30) minutes per day, unless otherwise agreed 
with AIA. 

3.1.4. Employees will record their attendance and meal breaks in accordance with 
AIA policies and procedures. 

3.2. WORK BREAKS 

3.2.1. During the day. At least one unpaid work break of not less than thirty (30) 
minutes and not more than 1 hour shall be taken each day. Additional breaks 
will be taken to ensure that no employee works more than five (5) hours 
continuously without a work break, and where an employee does so with the 
authorisation of AIA, such time worked in excess of five (5) hours shall be 
deemed as overtime and paid accordingly. 

3.2.2. Between working days. An employee is entitled to at least a ten (10) 
consecutive hours break between the end of one day's work and the normal 
commencement of the next day's work. Where an employee is 
authorised/directed to work so there is not a ten hour break, the employee 
shall be released from work until there has been a ten hour break without 
loss of pay for the absence during the official hours. 

3.2.3. In exceptional circumstances, if an employee is directed to continue, without 
a ten (10) consecutive hours break, the employee will be entitled to payment 
at the rate of two hundred percent (200%) for all time worked after the less 
than ten (10) hour break. This rate will continue until the employee is 
permitted a break, of at least ten (10) consecutive hours, without loss of pay 
for the absence during the official hours. 

3.3. FLEXIBLE WORKING HOURS 

3.3.1. Flexible working hours is a system where employees can vary their hours of 
work to establish either an ongoing pattern of work different to the official 
hours outlined in clause 3.1.3; or a short term adjustment of hours within a 
pay cycle.  

3.3.2. Flexible working hours must: 

a. be mutually agreed by the employee and AIA, and 
b. be agreed in advance by AIA, and 
c. be recorded in writing if related to a ongoing pattern of work; and 
d. include an unpaid meal break of not less than 30 minutes at least every 

five (5) hours. 








AIA Enterprise Agreement 2023     12 

3.3.3. An employee may request flexible working hours outside the bandwidth, 
however such an arrangement will not attract any additional form of 
compensation. 

3.4. OVERTIME 

3.4.1. Overtime is time worked only with the prior authorisation of AIA beyond the 
ordinary hours of work per fortnight specified in this Agreement. 

3.4.2. Prior authorisation is not required for employees completing work in 
accordance with clause 5.12.  

3.4.3. Full time and part time employees who are authorised or directed to work 
beyond their contracted hours per fortnight, shall receive TOIL in accordance 
with clause 3.5 or Overtime. The choice of TOIL or Overtime is the employees 
and must be agreed by AIA in advance. 

3.4.4. Full time and part time employees who are authorised or directed to work 
beyond 10 hours per day, shall receive TOIL in accordance with Clause 3.5 or 
Overtime. The choice of TOIL or Overtime is the employees and must be 
agreed by AIA in advance. 

3.4.5. Casual employees who are authorised or directed to work beyond 10 hours 
per day, shall receive Overtime. 

3.4.6. Where overtime is worked, an employee shall be entitled to payment at the 
rate of: 

a. one hundred and fifty percent (150%) for the first two hours of 
overtime worked on Monday to Saturday inclusive, and 

b. two hundred percent (200%) thereafter for overtime worked Monday 
to Saturday, and 

c. two hundred percent (200%) for all overtime worked on Sundays and 
Public Holidays. 

3.4.7. An employee required to work overtime more than two hours after the usual 
cessation of duty shall be supplied with a meal, free of cost, or shall be 
entitled to claim an amount of:  

 

 

 

3.5. TIME OFF IN LIEU 

3.5.1. AIA permits employees to accrue and dissipate time off in lieu (TOIL), for 
additional hours of work across payroll cycles under the following terms: 

a. The accrual and dissipation plan must be agreed with AIA before TOIL is 
accrued, unless otherwise agreed by AIA in writing. Where there is no 
prior agreement the accrual of TOIL shall not occur. 

b. TOIL accrues at time for time for the additional hours worked. 
c. The maximum accrual is limited to fifty percent (50%) of the employee's 

ordinary fortnightly hours (i.e., 37.5 hrs for full time employees). In 
exceptional circumstances, AIA may approve an employee to work hours 

EA Commencement $32.28  
From 01 Jan 2024 $33.41  
From 01 Jan 2025 $34.58  








AIA Enterprise Agreement 2023     13 

above this limit. In this circumstance the additional hours will be paid as 
overtime or accrued as TOIL as expressly agreed by AIA. 

d. The maximum accrual of TOIL per day for the purposes of AIA directed 
travel, training, or directed attendance at AIA events is seven and a half 
(7.5) hours. 

e. An employee may accrue a maximum of seven and a half (7.5) hours 
TOIL (pro rata) unless AIA expressly approves another arrangement. 

f. TOIL must be dissipated within ten (10) weeks of being accrued, unless 
in exceptional circumstances AIA expressly approves another 
arrangement. Where the agreed dissipation plan is no longer practical, 
or has not been complied with, the matter shall be referred to People 
and Culture for resolution, which may include the development of a new 
dissipation plan, or payment for the overtime worked. 

g. Where AIA directs an employee to work outside the bandwidth the 
employee may notify AIA in advance, that the work is to be 
compensated as overtime, including penalty rates, instead of accruing as 
TOIL. Should AIA decide not to approve such overtime the employee will 
not be required to work the additional hours. 

h. Accrued TOIL must be used before any other planned leave type can be 
accessed, unless AIA expressly approves another arrangement.  

i. Unused, accrued TOIL will be paid on termination of employment if AIA 
is not able to agree to an alternative dissipation plan. 

3.6. WORKING FROM HOME 

3.6.1. Working from home (WFH) is a voluntary work arrangement agreed between 
an employee and AIA where the employee performs work from home to the 
same standard as work that would have been performed at their designated 
workplace.  A designated workplace refers to their nearest Action Centre. 

3.6.2. AIA supports two types of WFH arrangements:  

a. Occasional (ad-hoc); and 
b. Regular.  

3.6.3. AIA will need to be satisfied that: 

a. the operational needs of the organisation will be met; 
b. workplace health and safety standards at the employees’ home are met, 

including any ergonomic requirements.  This may require an inspection 
from an agreed independent contractor at the organisations expense; 

c. there is the capacity for communication between home and the 
workplace; and 

d. the security and confidentiality of information and files is as per the 
organisation expectations. 

3.6.4. When establishing a regular WFH arrangement: 

a. AIA and the employee will need to consider any components that are 
specific to the employee’s role that may be required to be performed at 
the workplace;  

b. WFH may not be combined with carer’s responsibilities, unless 
otherwise agreed between AIA and the employee; 








AIA Enterprise Agreement 2023     14 

c. The same level of accountability for work performed will apply to work 
performed from home as to work performed in the office; 

d. AIA and the employee will make all reasonable efforts to consult with 
any other employees who may be affected; and 

e. AIA will provide to the employee any reasonable equipment to allow the 
employee to perform their role whilst WFH. It is the responsibility of the 
employee to ensure that they have any other necessary equipment and 
resources to WFH effectively and safely. 

3.6.5. Requests which comply with these terms and AIA’s policies and procedures 
will not be unreasonably refused.   

3.6.6. A regular WFH Agreement will detail all working arrangements and must be 
signed by both the employee and the employee’s manager. 

3.6.7. Where the conditions and/or expectations in this Agreement or AIA’s policies 
and procedures are not being met, a WFH agreement may be terminated by 
the employee or AIA at any time by giving two weeks written notice.   

3.6.8. Where employees are directed to work from home, AIA will ensure the 
principles of clause 3.6.3. will be applied.  Reasons that may cause the 
employer to direct employees to WFH may include but are not limited to the 
following: 

a. Pandemic or Public Health Order; 
b. Natural Disaster; and 
c. Emergency situations, e.g., workplace flooding. 

3.6.9. AIA will provide any reasonable available resources to enable employees to 
perform their work at home if directed to do so.  This may include office 
equipment and supplies.  AIA will also reimburse any reasonable expenses 
arising from being directed to work from home. 

3.6.10. In the case of a pandemic or other similar situations, employees who are 
directed by a medical practitioner to quarantine at home, and are fit to work, 
will be able to work from home during the quarantine period.  

  








AIA Enterprise Agreement 2023     15 

PART 4. CLASSIFICATIONS, SALARIES AND SUPERANNUATION 

4.1. RATES OF PAY 

4.1.1. All employees covered by this Agreement will be remunerated at the 
minimum level according to the table contained in this clause. Annual leave 
loadings are included in remuneration in the table. 

4.1.2. All Employees 2022 pay rates will be increased as follows, from the first full 
pay period commencing on or after: 

a. 1 January 2023 – 3.5%; and 
b. 1 January 2024 – 3.5%; and 
c. 1 January 2025 – 3.5% 

 
 
 
 

Level Increment 

2023 2024 2025 

FFPPOOA 
Jan 1 

FFPPOOA 
Jan 1 

FFPPOOA 
Jan 1 

12 

4 $153,886 $159,272 $164,847 
3 $150,691 $155,965 $161,424 
2 $147,563 $152,728 $158,074 
1 $144,498 $149,555 $154,790 

11 

4 $147,563 $152,728 $158,074 
3 $144,498 $149,555 $154,790 
2 $141,464 $146,415 $151,540 
1 $138,510 $143,358 $148,375 

10 

4 $141,464 $146,415 $151,540 
3 $138,510 $143,358 $148,375 
2 $135,383 $140,122 $145,026 
1 $132,420 $137,055 $141,852 

9 

4 $132,420 $137,055 $141,852 
3 $129,472 $134,003 $138,693 
2 $126,493 $130,920 $135,502 
1 $123,601 $127,927 $132,404 

8 

4 $123,601 $127,927 $132,404 
3 $120,786 $125,014 $129,389 
2 $117,960 $122,089 $126,362 
1 $115,188 $119,220 $123,393 

7 

4 $115,188 $119,220 $123,393 
3 $112,468 $116,405 $120,479 
2 $109,794 $113,636 $117,614 
1 $107,143 $110,893 $114,774 






  



AIA Enterprise Agreement 2023     16 

Level Increment 

2023 2024 2025 

FFPPOOA 
Jan 1 

FFPPOOA 
Jan 1 

FFPPOOA 
Jan 1 

6 

4 $107,143 $110,893 $114,774 
3 $104,501 $108,159 $111,945 
2 $101,832 $105,396 $109,085 
1 $99,101 $102,570 $106,160 

5 

4 $99,101 $102,570 $106,160 
3 $96,368 $99,741 $103,232 
2 $93,633 $96,910 $100,302 
1 $90,985 $94,170 $97,466 

4 

4 $93,633 $96,910 $100,302 
3 $90,985 $94,170 $97,466 
2 $88,024 $91,105 $94,293 
1 $84,828 $87,797 $90,870 

3 

4 $88,024 $91,105 $94,293 
3 $84,828 $87,797 $90,870 
2 $81,417 $84,267 $87,216 
1 $77,912 $80,639 $83,461 

2 

4 $81,417 $84,267 $87,216 
3 $77,912 $80,639 $83,461 
2 $74,606 $77,217 $79,920 
1 $71,272 $73,767 $76,348 

1 

4 $74,861 $77,481 $80,193 
3 $71,516 $74,019 $76,610 
2 $68,171 $70,557 $73,027 
1 $64,829 $67,098 $69,446 

            

4.2. SALARY CLASSIFICATION REVIEWS 

4.2.1. During the life of the Agreement, AIA will, in periods not greater than two 
years, undertake salary classification reviews. Salary classification reviews will 
also be conducted at other times when a substantial change in a position 
description occurs as determined by AIA. Review will use a salary 
classification system agreement between AIA and the ASU. 

4.2.2. An employee may request a review of their position description where they 
believe that a substantial change in duties and responsibilities has occurred. 
Managers will respond to employee’s requests for a review within 4 weeks.  

  






  



AIA Enterprise Agreement 2023     17 

4.3. SALARY INCREMENTS 

4.3.1. Employees will generally be appointed at the first salary increment in a 
classification and be granted annual increments for Continuous Service until 
they reach the top of the range for that level. The increment will be paid in 
the first pay following the anniversary of the employee's commencement of 
employment, or appointment to their new role at a higher pay level, unless 
postponed due to unpaid leave in excess of one week’s duration. 

4.3.2. An employee who is performing higher duties or is in a fixed term role at a 
higher classification level, when the anniversary of the employee's 
commencement of employment in their substantive role passes, will be 
eligible for an increment upon return to their substantive role. 

4.4. PAYMENT OF SALARIES 

4.4.1. To ascertain the equivalent fortnightly rate of the annual salary, such annual 
rates shall be divided by 26. 

4.4.2. To ascertain the equivalent hourly rate, such fortnightly rates shall be divided 
by 75. 

4.4.3. All salaries shall be paid fortnightly in arrears by electronic funds transfer and 
a pay slip showing gross salary, all deductions and the net amount payable 
shall be issued at the time of transfer.  

4.4.4. The elected pay day selected must not be changed without mutual 
agreement between AIA and the majority of the employees. 

4.4.5. Upon termination, salaries due to an employee and any other monetary 
entitlements shall be paid on the next pay day subject to the return of all AIA 
property. 

4.4.6. AIA may deduct from amounts due to an employee such amounts 
outstanding to AIA, as authorised in writing by the employee and deductions 
of income tax required to be made to the Australian Taxation Office. 

4.4.7. Where an employee notifies AIA of a concern regarding the accuracy of their 
pay, and where AIA has received all required information to investigate the 
concern, AIA will prioritise the investigation of the payment. If the 
investigation confirms that monies are owed to the employee, AIA will 
provide an electronic funds transfer within one (1) working day of the 
investigation’s conclusion if requested by the employee, otherwise, the 
payment will be corrected in the next pay cycle. 

4.5. SUPERANNUATION 

4.5.1. For the purpose of superannuation: 

"Employee" means any person employed on a full-time, part-time or casual 
basis.  

“Ordinary Time Earnings” means remuneration for an employee’s fortnightly 
number of hours of work, excluding overtime hours, leave without pay, 
unpaid parental leave and redundancy payments, calculated at the ordinary 
time rate of pay. 








AIA Enterprise Agreement 2023     18 

“Default Fund” means Australian Ethical Fund or any other complying 
Superannuation Fund. 

“Employee Nominated Fund” means any selected complying superannuation 
fund that an employee nominates for receipt of superannuation payable 
under the Superannuation Guarantee (Administration) Act 1992, as amended 
from time to time. 

4.5.2. AIA shall contribute to the Default Fund or Employee Nominated Fund on 
behalf of each eligible employee at 10.5% of Ordinary Time Earnings over a 
calendar year. 

4.5.3. Notwithstanding clause 4.5.17, AIA shall comply with contribution rates as 
set out in the Superannuation Guarantee (Administration) Act 1992 as 
amended from time to time should they be higher. 

4.5.4. An employee is entitled to nominate a change to their Employee Nominated 
Fund once in any 12 month period.  

4.5.5. If requested, AIA shall provide each employee upon commencement of 
employment, membership forms (of the Default Fund) and shall forward the 
completed membership form to the fund within fourteen (14) days. 

4.5.6. If an employee elects an Employee Nominated Fund, they must provide full 
details of the fund to AIA. 

4.5.7. AIA shall consider any amounts paid to employees under the Government 
Paid Parental Leave Scheme as Ordinary Time Earnings for the purpose of 
employer superannuation contributions. 

4.5.8. Subject to the governing rules of the relevant superannuation fund, AIA must 
also make the superannuation contributions on: 

a. any paid leave; 
b. for the period of absence from work (subject to a maximum of 52 

weeks) of the employee due to work related injury or illness provided 
that: 

4.5.9. Additional arrangements relating to employee contributions are: 

a. An employee may make contributions to the fund to which employer 
contributions are made in addition to those made by AIA. 

b. An employee who wishes to make additional contributions must 
authorise AIA in writing to pay into the fund, from the employee's salary, 
a specified amount, in whole dollars, in accordance with the relevant 
fund trust deed and rules. 

c. Once AIA receives written authorisation from the employee, AIA must 
commence making payments into the relevant fund on behalf of the 
employee within fourteen (14) days of receipt of the authorisation. 

i. the employee is receiving workers compensation payments or is receiving regular 
payment directly from AIA in accordance with statutory requirements; and 

ii. the employee remains employed by AIA. 
 








AIA Enterprise Agreement 2023     19 

d. An employee may vary their additional contributions by written 
authorisation and AIA must alter the contributions within fourteen (14) 
days of receipt of the authorisation.








AIA Enterprise Agreement 2023          20 
 

PART 5. ALLOWANCES AND EXPENSES 

5.1. ACCOMODATION EXPENSES 

5.1.1. An employee required to stay away from home overnight shall be entitled to 
accommodation that should be: 

a. conveniently located to where the employee is to work; 
b. of a reasonable standard (in most locations no less than 3 stars); and  
c. where possible, billed directly to AIA. 

5.1.2. Where possible an employee will attempt to find suitable accommodation at 
the best available price. 

5.1.3. Where AIA has a preferred accommodation provider an employee will, 
subject to room availability or a cheaper price being available elsewhere, use 
this provider. 

5.2. MEAL AND INCIDENTAL EXPENSES 

5.2.1. An employee who is travelling for work purposes will be reimbursed 
reasonable meal and incidental expenses upon submission of receipts.  

5.2.2. An employee staying away overnight overseas will be eligible for a per diem 
for meals and incidentals at a rate of 50% of the prescribed Australian 
Taxation Office (ATO) Reasonable Meal and Incidental rate for the applicable 
country at the time of travel. For the purposes of calculating the correct ATO 
rate, the lowest salary bracket provided by the ATO will be used for all 
employees, regardless of the salary that the employee is paid. 

5.3. WORK RELATED EXPENSES 

5.3.1. When staying away from home overnight an employee is, subject to the 
production of receipts, entitled to reimbursement for work related expenses 
such as; 

a. local travel, 
b. internet usage, 
c. airport departure taxes, and 
d. official telephone calls. 

5.4. TIME RECORDING FOR TRAVEL 

5.4.1. For domestic travel, the following applies: 

a. Travel time from departure point to final destination is recorded as 
ordinary time up to a maximum of seven and a half (7.5) hours each day. 

b. Where an employee has travelled in excess of seven and a half (7.5) 
hours and is then required by AIA or the situation to perform work, this 
work will be recorded as TOIL or overtime in accordance with the 
applicable clause of this Agreement. 

c. Where an employee is required to spend non-working days (e.g., a 
weekend) in a Remote Location, in recognition of the reduced quality of 
this leisure time, the employee will be entitled to take a maximum of 
one (1) day off as paid time for every two (2) such days, immediately on 








AIA Enterprise Agreement 2023     21 

return to usual location of work. This leave is lost if not taken 
immediately on return. 

5.4.2. For international travel, the following applies: 

a. Travel time from departure point to final destination is recorded as 
ordinary time up to a maximum of seven and a half (7.5) hours each day. 

b. For flights over 10 hours duration, in recognition of recovery time, 
employees have the option to claim one (1) day of paid time on arrival in 
the country, and two (2) days of paid time immediately on return to 
Australia. This leave is lost if not taken immediately on arrival and 
return. 

5.5. INTERVIEWS 

5.5.1. An existing AIA employee who applies for another position within AIA, and is 
selected for interview, shall be entitled to reimbursement of travel expenses 
associated with attending such interview(s) held interstate. 

5.6. AIA RELOCATION 

5.6.1. An employee who is appointed to a different permanent position within AIA, 
or if the position is relocated, shall be entitled to payment or reimbursement 
of the following: 

a. travel expenses from the city of original employment to the new city of 
employment; 

b. cost of the removal of personal and household effects from the city of 
original employment to the new city of employment; and 

c. additional expenses to a maximum of $2,000 whilst seeking 
accommodation in the new city of employment. 

5.6.2. An employee who is seconded to a fixed term position within AIA shall be 
entitled to payment or reimbursement of the following: 

a. travel expenses from the city of original employment to the new city of 
employment; 

b. cost of the removal of personal and household effects from the city of 
original employment to the new city of employment; 

c. additional expenses to a maximum of $1,000 whilst seeking 
accommodation in the new city of employment; 

d. travel expenses from the new city of employment to the original city of 
employment upon termination of the secondment; 

e. cost of removal of personal and household effects from the new city of 
employment to the original city of employment upon termination of the 
secondment; and 

f. additional expenses to a maximum of $1,000 whilst seeking 
accommodation in the original city of employment. 

5.6.3. Relocation reimbursements are not pro rata for part time employees. 

5.7. VOLUNTARY RELOCATION 

5.7.1. AIA is committed to retaining the services of current employees wherever 
possible and will consider any application by an employee for voluntary 








AIA Enterprise Agreement 2023     22 

relocation. Approval of such a request is at AIA’s sole discretion after being 
considered and approved by the AMT. 

5.7.2. AIA will not provide any relocation or associated financial assistance to 
employees who voluntarily relocate. 

5.8. MOTOR VEHICLE ALLOWANCE 

5.8.1. Where an employee is required by AIA to use a private motor vehicle in the 
course of their work, they shall be paid an amount per kilometre of $0.92. 
Car parking fees and tolls incurred will also be reimbursed upon presentation 
of receipts or another form of evidence.  

5.9. FARES 

5.9.1. An employee required to travel by other means in connection with their work 
shall be reimbursed for fares (other than for travel from their home to their 
ordinary work location) incurred on production of receipts.  

5.9.2. Where an employee is required to work, at times and/or in places, where the 
use of public transport could reasonably be deemed to place the employee in 
a position of possible personal risk, AIA shall provide suitable transport. This 
clause shall include, where applicable, the employee's travelling between 
their home and place of work. 

5.10. HIGHER DUTIES ALLOWANCE 

5.10.1. An employee who is called upon by AIA to perform the duties of another 
employee on a higher classification (not less than one day per fortnight), shall 
be paid for the higher duties at a rate not less than the minimum rate 
prescribed for the higher classification.  

5.10.2. Where the minimum rate of the higher classification is less than, or equal to, 
the relieving employee's current salary, the relieving employee shall be paid 
for the higher duties at the first increment above their current salary. 

5.10.3. Where an employee is only called upon by AIA to partially perform some of 
the higher duties of another role, then the employee will be paid the 
percentage of higher duties at the higher pay level. 

5.10.4. Where an employee is called upon by AIA to perform the duties of an AIA 
Management Team member , the employee will receive a higher duties 
allowance per day of the higher duties in accordance with the below table, in 
addition to their remuneration for their substantive position including any 
applicable allowances for that period: 

 

 

 

5.10.5. An employee will not be required to perform higher duties for a period of 
greater than six months. 

  

EA Commencement $110.01 per day 
From 01 Jan 2024 $113.86 per day 
From 01 Jan 2025 $117.85 per day 








AIA Enterprise Agreement 2023     23 

5.11. FIRST AID AND WORKPLACE HEALTH AND SAFETY (WHS) REPRESENTATIVE 

5.11.1. An employee who holds a relevant first-aid certificate and who is required by 
AIA to be available to perform first-aid duties at the workplace shall be paid 
an allowance in accordance with the below table. 

5.11.2. Additionally, designated employee WHS Representatives on completion of 
the specified training for their position shall also receive an allowance in 
accordance with the below table. Part time employees are entitled to receive 
the full amount per fortnight where they are the only WHS Representative in 
their State. 

 

 

 

5.12. EMERGENCY RESPONSE CALL OUT 

5.12.1. Employees may work up to four (4) hours of overtime without specific prior 
approval in defined emergency situations, for example: 

a. a call-out to attend an AIA office because of a security alert or to attend 
to a urgent infrastructure issue, 

b. a call-out to an AIA campaigning activity or events which warrants 
employee attendance, or 

c. the need to respond immediately to a media inquiry or be available for a 
media interview. 

5.12.2. Emergency response may be made from an AIA office, the employee’s home 
or other location depending on the nature of the emergency. 

5.12.3. Payment for hours worked will be in accordance with the overtime clause. 

5.13. ON CALL ALLOWANCE 

5.13.1. An employee required to be available on-call (i.e., available to be recalled for 
duty) outside the employee’s normal pattern of hours shall be paid an 
allowance in respect of any 24 hour period or part thereof during which the 
employee is on call. 

5.13.2. On call means a formal instruction to an employee to be immediately 
contactable by telephone or email in case of an occurrence requiring an 
immediate return to duty. 

5.13.3. It will not include situations in which employees carry smart phones or make 
their telephone numbers available only in the event that they may be needed 
for casual contact or recall to work. Recall to work under such circumstances 
would be in accordance with either TOIL or overtime. Situations where 
employees monitor emails when not directed by AIA to do so are also not 
classified as on call and attract no allowances. 

  

EA Commencement $26.72 per fortnight  
From 01 Jan 2024 $27.66 per fortnight 
From 01 Jan 2025 $28.63 per fortnight  








AIA Enterprise Agreement 2023     24 

5.13.4. An employee required to be on-call shall receive the following amounts for 
each 24 hour period or part thereof, when the on call period is as follows:  

 Monday to Friday Saturday Sunday or PH 
EA Commencement $27.86 $41.66 $48.68 
From 01 Jan 2024 $28.84 $43.12 $50.38 
From 01 Jan 2022 $29.85 $44.63 $52.14 








AIA Enterprise Agreement 2023     25 

PART 6. LEAVE 

6.1. LEAVE APPROVALS 

6.1.1. AIA recognises that in considering an application by an employee for leave 
under this Part, AIA should take into consideration the operational and 
business requirements of AIA, balanced against the employee’s request for 
leave. AIA will take reasonable steps to ensure that this Part is applied 
consistently. 

6.1.2. Unless otherwise indicated, prior approval from AIA, using the appropriate 
leave application system, is required for absence on leave under this Part. 

6.1.3. In the event approval is not granted and agreement cannot be reached on a 
mutually satisfactory alternative, the employee may refer the matter to 
People and Culture for resolution or mediation between the interests of two 
or more employees. If agreement is still not reached the matter may be 
referred to the National Director. 

6.1.4. Leave under this clause which has been agreed by AIA and the employee in 
accordance with the appropriate approval processes, may not be cancelled 
unless:  

a. the employee and AIA agree to do so; or  
b. in the case of annual leave, purchased annual leave, TOIL, or 

supplementary leave only, where AIA requires the employee to perform 
work as a result of an emergency situation. Emergency situations for the 
purpose of this clause may include urgent infrastructure crises or urgent 
situations which AIA identifies would cause significant loss or liability to 
AIA if the work was not performed. In cancelling approved leave in these 
circumstances, AIA will have regard to the employee’s personal 
circumstances (including any incurred costs) and the impact of the 
cancellation to the employee, as well as any alternative ways for the 
work to be performed. AIA will compensate the employee for any 
reasonable costs arising from being directed to perform work while on 
previously approved leave. 

6.2. ANNUAL LEAVE 

6.2.1. Annual leave is provided for in the NES. This clause provides additional 
provisions. 

6.2.2. For the purpose of the NES, a shiftworker is an employee who works for 
more than four ordinary hours on 10 or more weekends during the yearly 
period in respect of which their annual leave accrues and is entitled to an 
additional week’s annual leave on the same terms and conditions. 

6.2.3. Annual leave loading is provided for in an employee’s ordinary rate of pay. 

6.2.4. A request for annual leave of one (1) week or more must be submitted by the 
employee no less than one month prior to the intended commencement of 
leave, unless otherwise agreed between AIA and the employee. 

6.2.5. Annual leave is to be taken at a time determined by mutual agreement 
between the employee and AIA in line with the approvals process.  








AIA Enterprise Agreement 2023     26 

6.3. ANNUAL LEAVE IN ADVANCE 

6.3.1. AIA and an Employee may agree in writing to the Employee taking a period of 
paid annual leave before the Employee has accrued an entitlement to the 
leave. 

6.3.2. An agreement must: 

a. state the amount of leave to be taken in advance and the date on which 
leave is to commence; and 

b. be signed by AIA and the Employee and, if the Employee is under 18 years 
of age, by the Employee’s parent or guardian. 

6.3.3. AIA must keep a copy of any agreement under this clause as an Employee 
record. 

6.3.4. If, on the termination of the Employee’s employment, the Employee has not 
accrued an entitlement to all of a period of paid annual leave already taken in 
accordance with an agreement under this clause, AIA may deduct from any 
money due to the Employee on termination an amount equal to the amount 
that was paid to the Employee in respect of any part of the period of annual 
leave taken in advance to which an entitlement has not been accrued. 

6.4. EXCESSIVE ANNUAL LEAVE 

6.4.1. Excessive leave accruals: general provision 

An Employee has an excessive leave accrual if the Employee has accrued 
more than 8 weeks paid annual leave. 

If an Employee has an excessive leave accrual, AIA or the Employee may 
genuinely try to reach agreement on how to reduce or eliminate the 
excessive leave accrual. 

Clause 6.4.2 sets out how AIA may direct an Employee who has an excessive 
leave accrual to take paid annual leave. 

Clause 6.4.3 sets out how an Employee who has an excessive leave accrual 
may require AIA to grant paid annual leave requested by the Employee. 

6.4.2. Excessive leave accruals: direction by AIA that leave be taken 

If AIA has genuinely tried to reach agreement with an Employee but 
agreement is not reached (including because the Employee refuses to 
confer), AIA may direct the Employee in writing to take one or more periods 
of paid annual leave. 

However, a direction by AIA is of no effect if it would result at any time in the 
Employee’s remaining accrued entitlement to paid annual leave being less 
than 6 weeks; and 

a. must not require the Employee to take any period of paid annual leave 
of less than one week; and 

b. must not require the Employee to take a period of paid annual leave 
beginning less than 8 weeks, or more than 12 months, after the 
direction is given; and 








AIA Enterprise Agreement 2023     27 

c. must not be inconsistent with any leave arrangement agreed by AIA and 
Employee. 

The Employee must take paid annual leave in accordance with a direction 
that is in effect. 

An Employee to whom a direction has been given may request to take a 
period of paid annual leave as if the direction had not been given. 

Note: Paid annual leave arising from a request may result in the direction 
ceasing to have effect. 

 
6.4.3. Excessive leave accruals: request by Employee for leave 

If an Employee has genuinely tried to reach agreement with AIA but 
agreement is not reached (including because AIA refuses to confer), the 
Employee may give a written notice to AIA requesting to take one or more 
periods of paid annual leave. 

However, an Employee may only give a notice to AIA if: 

a. the Employee has had an excessive leave accrual for more than 6 
months at the time of giving the notice; and 

b. the Employee has not been given a direction that, when any other paid 
annual leave arrangements are taken into account, would eliminate the 
Employee’s excessive leave accrual. 

A notice given by an Employee must not: 

a. if granted, result in the Employee’s remaining accrued entitlement to 
paid annual leave being at any time less than 6 weeks; or 

b. provide for the Employee to take any period of paid annual leave of 
less than one week; or 

c. provide for the Employee to take a period of paid annual leave 
beginning less than 8 weeks, or more than 12 months, after the notice 
is given; or 

d. be inconsistent with any leave arrangement agreed by AIA and 
Employee. 

An Employee is not entitled to request by a notice more than 4 weeks paid 
annual leave in any period of 12 months. 

AIA must grant paid annual leave requested by a notice. 

6.5. PURCHASED ANNUAL LEAVE 

6.5.1. This option allows for up to eight (8) weeks additional annual leave per year, 
to be taken at a mutually convenient time to AIA and the employee. 

6.5.2. Purchased annual leave cannot be used by an employee who has taken an 
amount of annual leave at half pay in accordance with clause 6.6 in that year. 

6.5.3. Employees may elect any length of agreement between two (2) weeks and 
fifty-two (52) weeks over which to purchase the additional leave. Once 
approved, the employee’s fortnightly salary payments are reduced to the 








AIA Enterprise Agreement 2023     28 

appropriate fraction over this agreement period to pay for the additional 
leave. 

6.5.4. All purchased leave must be taken in the year it is due. At the time of 
application, employees will need to advise the actual dates intended to be 
taken as purchased annual leave. Once agreements are entered into, the 
employee will ideally not change the dates within each purchased leave 
period other than under exceptional circumstances, and unless AIA agrees. In 
the event that the employee cannot take the leave due to operational 
requirements as per clause 6.1.4 (b), or AIA agrees to the employee 
withdrawing from the scheme, the employee will be reimbursed for the 
untaken purchased leave in a lump sum. 

6.5.5. Purchased leave is entirely voluntary and it is up to the employee to generate 
an expression of interest. Purchased leave is not an entitlement or a right. 
Each case shall be examined based on its assessed impact on the operational 
needs at the time. AIA reserves the right to refuse a request for purchased 
leave at any time. Coverage of purchased leave arrangements e.g., backfill, 
will be reviewed on a case by case basis.   

6.5.6. An employee who purchases leave will be expected to use all accrued leave 
in the year it is due, any accrued TOIL in accordance with clause 3.5, plus the 
purchased leave as set out in the purchased leave agreement. 

6.5.7. The employee is responsible for investigating the impact on their 
superannuation, leave entitlements and taxation prior to committing to any 
arrangement made under this clause. 

6.5.8. Superannuation will be paid on the reduced salary amount in accordance 
with Part 4. If an employee wants their superannuation contributions to be 
maintained at their full salary level, they must make their own additional 
contributions to the required amount.   

6.5.9. Agreements, once entered into, cannot be altered within the period other 
than under exceptional circumstances, and by agreement between the 
employee and AIA. AIA shall make decisions concerning withdrawal from the 
scheme due to exceptional circumstances.  

6.5.10. Withdrawal from the scheme will result in deferred salary being paid to the 
employee in a lump sum payment.  

6.5.11. It is recommended that employees seek independent financial advice prior to 
requesting approval to purchased leave, or in the event that they seek early 
withdrawal from a purchased leave arrangement. 

6.6. ANNUAL LEAVE AT HALF PAY 

6.6.1. Annual leave at half pay allows an employee to utilise a period of accrued 
annual leave at half the usual rate of pay, in order to double the period of 
leave taken. 

6.6.2. AIA and an employee may agree to the employee taking annual leave at half 
pay. 

6.6.3. Employees must apply to use at least one week of accrued annual leave 
when accessing leave at half pay. This requirement is consistent with the 








AIA Enterprise Agreement 2023     29 

overall intent of annual leave at half pay genuinely encouraging greater work 
life balance, rather than being used for ad hoc, single day, or short-term 
absences. It is also designed to minimise the administrative burden 
associated with processing additional annual leave requests due to the half 
pay option. 

6.6.4. Public holidays are factored into the deduction of accrued leave entitlements 
in annual leave at half pay situations, as follows: 

a. employees are paid for the public holiday at the amount that they would 
have been paid had the public holiday fallen on a day that they were not 
on annual leave (i.e.: at their full rate of pay); and 

b. no accrued annual leave will be deducted for that day, even though it 
falls within a period of annual leave at half pay. 

Example: 

Jill applies to use 5 days’ annual leave at half pay over a two week period from 
which includes a public holiday. As a result, Jill is paid her full daily rate on the 
public holiday and only 4.5 days of leave are deducted from Jill’s accrued annual 
leave entitlement, reflecting the fact that Jill actually only had 9 days of annual 
leave at half pay over her 10 days away from work. 

6.6.5. While clause 6.6.3 requires that employees must use at least one week of 
accrued annual leave when accessing leave at half pay, an exception is made 
where a public holiday falls within the leave period and operates to reduce 
the leave accrual deduction to less than one week. 

6.6.6. An employee is not able to access both annual leave at half pay and 
purchased annual leave in the same 12 month period.  

6.7. PAID PERSONAL/CARER’S LEAVE 

6.7.1. Paid personal/carer’s leave is provided by the NES. This clause contains 
additional provisions. 

6.7.2. An employee, other than a casual employee, is entitled to twelve (12) days of 
paid personal/carer’s leave for each year of service.  

6.7.3. Paid personal/carer’s leave may be taken:  

a. because the employee is not fit for work because of a personal illness, or 
personal injury, affecting the employee; or  

b. to attend a Registered Health Practitioner where the Employee is fit for 
work, and would therefore not otherwise be eligible to access 
personal/carer’s leave; or 

c. to provide care or support to a member of the employee's Immediate 
Family, or a member of the employee's household, who requires care or 
support because of: 

i. a personal illness, or personal injury, affecting the member; or  
ii. an unexpected emergency affecting the member. 

6.7.4. For the avoidance of doubt, illness also includes stress and mental illness. 

  








AIA Enterprise Agreement 2023     30 

6.8. UNPAID CARER’S LEAVE 

6.8.1. An employee is entitled to 2 days of unpaid carer's leave for each occasion 
when a member of the employee's Immediate Family, or a member of the 
employee's household, requires care or support because of:  

6.9. CHRONIC ILLNESS 

6.9.1. AIA recognises that an employee with a chronic illness may need: 

a. Flexible work arrangements; and or 
b. Extended unpaid leave. 

6.9.2. AIA  and an employee will develop an individual plan that accommodates and 
recognises the needs of the employee and the employees team or work area. 
AIA will consider the employee’s capacity to work in consultation with the 
employee’s health care professional. 

6.9.3. AIA may grant up to 12 months unpaid personal leave. 

6.10. SUPPLEMENTARY LEAVE 

6.10.1. An employee, other than a casual employee, is entitled to six (6) days (pro 
rata for part time) of paid supplementary leave per calendar year for specific 
reasons.  

6.10.2. Supplementary leave will initially be credited to an employee on their 
commencement date and then on 1 January each year. Unused leave will 
expire each year on 31 December each year.  

6.10.3. Supplementary leave is not cumulative and any unused leave will not be 
payable on termination of employment. 

6.10.4. Supplementary leave may be taken in the following circumstances: 

a. For the reasons set out in paid personal/carers leave when those 
entitlements have been exhausted; 

b. observance of religious or culturally significant days/events; 
c. attending a ceremony of religious or cultural significance which involves 

a family member (maximum of two (2) days per year); 
d. attendance at own graduation ceremony (maximum of one (1) day per 

year); 
e. moving house (maximum of one (1) day per year); 
f. to participate as a volunteer in another NGO with similar values to AIA 

(maximum of two (2) days per year); 
g. to participate in AIA’s Reconciliation Action Plan activities (maximum of 

two (2) days per year); 
h. for exceptional matters relating to pandemics or natural disasters; 
i. other reasons as decided by AIA at their discretion after being 

considered and approved by the AMT. 

  

a.  a personal illness, or personal injury, affecting the member; or  
b.  an unexpected emergency affecting the member.  








AIA Enterprise Agreement 2023     31 

6.11. COMPASSIONATE LEAVE 

6.11.1. Compassionate leave is provided by the NES. This clause contains additional 
provisions. 

6.11.2. An employee is entitled to a maximum of five (5) days paid compassionate 
leave for each occasion when a member of the employee's Immediate 
Family, or a member of the employee's household:  

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.  

6.11.3. If the employee must travel outside of their city of residence for reasons 
directly related to the compassionate leave, AIA may make a further 
provision for the travel time to that place at its sole discretion after being 
considered and approved by the AMT. 

6.12. FAMILY VIOLENCE LEAVE 

6.12.1. AIA recognises that employees may face situations of Family Violence in their 
personal lives that may affect their attendance at work. To assist employees 
experiencing Family Violence the following provisions are available: 

6.12.2. 10 days of paid leave per calendar year in accordance with legislation (non-
accruable) will be provided for the employee to attend medical 
appointments, legal appointments, and other activities related to Family 
Violence. 

6.12.3. AIA will consider any request from an employee experiencing Family Violence 
for: 

a. changes to their hours of work; 
b. relocation to alternate locations should suitable work be available; 
c. changes to telephone, email and other contact details; 
d. changes to duties, should such changes be practical; and 
e. any other reasonable measure to assist the employee. 

6.12.4. The approval of such requests will be at AIA’s discretion, will not be 
unreasonably refused and will be considered and approved by the AMT. 

6.12.5. Should an employee exhaust their entitlement to leave under this clause they 
may access other forms of leave including paid personal/carer’s leave, annual 
leave, TOIL and all forms of unpaid leave. 

6.12.6. An employee who is required to support a member of their Immediate Family 
who is suffering family violence is entitled to claim up to 2 days of gratis 
leave per calendar year (non-accruable). For other circumstances pertaining 
to Family Violence, Supplementary Leave can be considered.  

6.13. NOTIFYING AN ABSENCE 

6.13.1. An employee must give notice of the taking of unplanned paid 
personal/carer’s, unpaid carer’s, family violence, or compassionate leave to 
their Line Manager as soon as practicable and the notice must include the 
period, or expected period, of the leave required.  








AIA Enterprise Agreement 2023     32 

6.13.2. An employee must provide AIA with a minimum of one (1) weeks’ notice of 
the intention to take supplementary leave, unless otherwise agreed with AIA 

6.13.3. Within each year of an employee’s service, the following restrictions will 
apply to the evidence required of such leave: 

a. For instances of three (3) or more consecutive days of paid 
personal/carer’s leave for the purposes of personal illness or injury, the 
employee will be required to provide a medical certificate to AIA. 

b. For instances of five (5) or more single days of paid personal/carer’s leave for 
the purposes of personal illness or injury, the employee will be required to 
provide a medical certificate to AIA. 

c. For instances of paid personal/carer’s leave taken for purposes outlined in 
clause 6.7.4(b), unpaid carer’s leave, or compassionate leave, the employee 
shall if requested, provide evidence such as a medical certificate or statutory 
declaration to support the leave being required. 

d. For all instances of supplementary leave, the employee must if requested 
provide reasonable evidence of the permissible circumstance for which the 
leave is required. 

6.14. INTERACTION WITH OTHER LEAVE TYPES 

6.14.1. Where an employee can provide evidence that during a period of annual 
leave, the employee had a valid reason to take paid personal/carer’s leave 
instead, then this shall be regarded as personal/carer’s leave and an 
equivalent number of days shall be re-credited to the employees annual 
leave balance. 

6.14.2. Where an employee has exhausted all paid personal/carer’s leave 
entitlements AIA will grant access to any available supplementary leave for 
this purpose.  

6.14.3. Where an employee has exhausted the appropriate leave entitlements, AIA 
may also grant access to TOIL, annual leave or unpaid leave at its discretion 
after being considered and approved by the AMT. 

6.15. CULTURAL LEAVE  

6.15.1. In addition to their other leave entitlement, an Aboriginal or Torres Strait 
Islander employee shall be entitled to take up to two (2) days paid Cultural 
Leave per year to participate in activities relating to NAIDOC week, 
Reconciliation Week, and/or Sorry Day.  

6.15.2. Where an Aboriginal or Torres Strait Islander employee can establish to AIA 
that they have a community obligation to attend a significant cultural event, 
ceremony, activity, or practice, they may be entitled to additional paid 
Cultural Leave for the period that they can establish is necessary.  

6.15.3. Where an Aboriginal or Torres Strait Islander employee can establish that 
they have a cultural obligation to provide care or support to a member of 
their community or extended family which requires them to be absent from 
work, access to carer’s leave or compassionate leave may be extended for 
this purpose. 








AIA Enterprise Agreement 2023     33 

6.15.4. Where an Aboriginal or Torres Strait Islander employee has fully utilised 
Compassionate Leave in accordance with this Agreement and can establish a 
further obligation to participate in Sorry Business associated with their 
community, additional paid Cultural Leave may be provided. 

6.15.5. AIA may require that an employee provides evidence such as a medical 
certificate or statutory declaration to support their claim for leave under this 
clause. 

6.16. HOLIDAY SHUTDOWN 

6.16.1. AIA will shut down for normal operations between Christmas Day and New 
Year’s Day inclusive. 

6.16.2. A number of employees may be asked to perform critical duties during the 
closure with the exception of the public holidays. Selection will be made from 
among those employees who express a preference to work during the 
period. Only in the event none of these has the requisite skills will other 
employees be selected.  

6.16.3. Employees required to work during this period will be paid at the public 
holiday penalty rate of 200% for all hours worked under this clause. 

6.16.4. All other employees will be offered gratis leave for this period. No form of 
leave is required to be taken for the non-public holiday days. 

6.17. PUBLIC HOLIDAYS 

6.17.1. Public holidays are provided for in the NES. This clause provides additional 
provisions.  

6.17.2. Employees (other than casual employees) shall be entitled, without loss of 
pay, to public holidays proclaimed or gazetted for the location where they 
ordinarily perform work by either the Commonwealth or State Government, 
which fall on their usual day of work. 

6.17.3. By agreement between AIA and an employee, another day may be 
substituted for any public holiday prescribed by this Agreement. 

6.17.4. Employees authorised/directed to work on a Public Holiday will, with prior 
agreement, elect to receive either TOIL or Overtime for working on a public 
holiday. 

6.18. COMMUNITY SERVICE LEAVE 

6.18.1. Subject to meeting notice and evidence requirements, employees who 
engage in an eligible community service activity are entitled to leave: 

a. to engage in that activity, 
b. for their reasonable travel time associated with that activity, and 
c. for reasonable rest time after engaging in that activity. 

6.18.2. The following are eligible community service activities: 

a. jury service and attendance for jury selection; 
b. appearing as a witness if subpoenaed; and 
c. voluntary emergency management activities as defined in the FW Act—

this includes dealing with an emergency or natural disaster as a 








AIA Enterprise Agreement 2023     34 

voluntary member of an emergency management body (such as the 
SES). 

6.18.3. Community service leave is unpaid leave unless a permanent or fixed term 
employee is required to attend jury service or appears as a witness. 

6.18.4. Employees (other than casual employees) who: 

a. are required to attend jury service will be entitled to be paid by AI for 
the first 10 days of leave only, less any amount that they were paid by 
the Government for participation in jury service; and 

b. appear as a witness will be entitled to be paid by AIA (up to a maximum 
of three days per year) less any amount that they were paid by the 
Government for appearing as a witness. 

6.18.5. An employee proposing to take community service leave must give notice to 
AIA as soon as practicable and must advise the likely length of their absence. 

6.18.6. An employee must also provide evidence to substantiate their participation 
in the eligible community service activity. 

6.19. LONG SERVICE LEAVE 

6.19.1. Long service leave is provided for by the NES. The NES provides that where 
long service leave was provided by a pre-reform award prior to the 
commencement of the Fair Work Act, those award-derived long service leave 
entitlements form part of the NES. Nothing in this clause is intended to 
reduce or exclude an entitlement to long service in the NES. 

6.19.2. In the case of a permanent Employee the long service leave entitlements will 
be as follows: 

The entitlement for the following for periods of continuous service with AIA will 
be: 

 

 

 

6.19.3. Where employment is terminated (including resignation), after an Employee 
completes more than 5 years’ service, for reasons other than death, the 
Employee will be entitled to be paid an amount equal to 1/60th of pay for the 
period of service. If the Employee has taken all or some of the long service 
leave accrued under clause 6.19.2, AIA will make a payment for the period of 
the long service leave that has not been taken.  

Period of service Entitlement  
After 5 years 4.33 weeks  

From 5 to 7 years 0.866 weeks/year  

After 7 years 
 

9.1 weeks 
 

(this entitlement will be 
reduced by any LSL 
taken (or paid) from 
the entitlement from 
5 - 7 years) 

Each year thereafter 1.3 weeks/year  








AIA Enterprise Agreement 2023     35 

6.19.4. Where employment is terminated (including resignation), after an Employee 
completes more than 7 years’ service, for reasons other than death, the 
Employee will be entitled to be paid an amount equal to 1/40th of pay for the 
period of service. If the Employee has taken all or some of the long service 
leave accrued under clause 6.19.2, AIA will make a payment for the period of 
the long service leave that has not been taken.  

6.19.5. If employment is terminated after 2 years’ of service because the Employee 
dies whilst still employed, AIA will make a payment to the Employee’s 
personal representative equal to 1/60th of pay for the period of service of 
the Employee. AIA is not required to make payment for periods of long 
service leave already taken or paid to the Employee. 

6.19.6. If employment is terminated after 7 years’ of service because the Employee 
dies whilst still employed, AIA will make a payment to the Employee’s 
personal representative equal to 1/40th of pay for the period of service of 
the Employee. AIA is not required to make payment for periods of long 
service leave already taken or paid to the Employee. 

6.19.7. When long service leave is taken by an Employee: 

a. the Employee must take all TOIL entitlements prior to long service leave 
being granted 

b. a minimum of 2 weeks long service leave must be taken at any one time, 
unless otherwise agreed; and 

c. the period of long service leave used by the Employee includes any 
public holidays or accrued days off that fall within the period of leave. 

6.19.8. Pay for the purpose of this clause means the remuneration for an Employee’s 
normal weekly hours of work calculated at the Employee’s ordinary time rate 
of pay at the time the leave is taken or paid. 

6.19.9. A casual Employee is entitled to long service leave in accordance with the 
NES. 

6.19.10. A minimum of 2 months’ notice is required prior to the taking of long service 
leave. Notice in this clause may be shortened by mutual agreement. 

6.20. PARENTAL LEAVE 

6.20.1. In accordance with the FW Act, parental leave is available if:  

a. the leave is associated with:  

 
b. the employee has or will have a responsibility for the care of the child.  

6.20.2. Entitlement to Parental Leave is in accordance with the FW Act, with the 
addition of the following paid parental leave entitlement which forms part of 
the overall fifty two (52) weeks of parental leave: 

a. eighteen (18) weeks of full pay, or thirty six (36) weeks of half pay, for an 
employee who can demonstrate that they have primary responsibility 
for the care of the child; or 

i. the birth of a child of the employee; or  
ii. the placement of a child with the employee for adoption; and  








AIA Enterprise Agreement 2023     36 

b. six (6) weeks of full pay for an employee who can demonstrate that their 
spouse or partner has primary responsibility for the care of the child. 
Where this employee later applies to AIA for parental leave, any amount 
of paid leave provided in accordance with this clause will be deducted 
from any further entitlement. 

6.20.3. An employee engaged for thirty (30) hours or more per fortnight, who 
returns from parental leave and unless in exceptional circumstances AIA 
approves another arrangement, may work on reduced hours for a maximum 
of two (2) years whilst retaining the right to return to their previous position 
with more hours.   After two (2) years on reduced hours, should the 
employee wish to remain on reduced hours, they may do so, provided AIA 
determines that their reduced hours meet the operational needs of the 
business, then their ordinary hours will be permanently changed to reflect 
the reduced number of hours worked. 

6.21. STUDY LEAVE 

6.21.1. AIA recognises the value of an employee’s work related study to AIA. 

6.21.2. An employee (other than a casual employee) may apply to AIA for study 
leave for courses of study undertaken which AIA deems relevant to the 
employee’s current position and work. It is expected that employees will 
attend courses in their own time, and that study leave is provided for the 
purpose of preparing for and attending exams and writing assignments. 

6.21.3. Where study leave is approved, a full time employee is entitled to a 
maximum of three (3) hours leave per week without loss of pay or may 
aggregate the leave entitlement to a maximum of 90 hours per year. Part 
time employees are entitled to study leave on a pro rata basis. 

6.21.4. Approval of such leave will be subject to AIA's convenience and will not 
unreasonably affect the related areas of work but shall not be unreasonably 
withheld. 

6.22. GENDER AFFIRMATION LEAVE 

6.22.1. AIA is committed to supporting all employees who would like to affirm their 
gender in the workplace.  

6.22.2. AIA will provide a safe and inclusive workplace where employees feel 
comfortable to bring their whole selves to work. 

6.22.3. Employees and their immediate families or household members may access 
the Employee Assistance Program (EAP) for confidential professional 
guidance and counselling support services. 

6.22.4. An Employee is entitled to 15 days paid leave for purposes relating to gender 
affirmation. 

6.22.5. The timing of any period of leave will be discussed and agreed with AIA. 

6.22.6. Employees may take leave as one period, or as single or multiple days of 
leave, according to their need. 

6.22.7. It is recognised that employees may need to take additional leave for the 
purposes of medical commitments related to gender affirmation.  In these 








AIA Enterprise Agreement 2023     37 

instances, employees may take additional leave from other leave 
entitlements. 

6.23. LEAVE WITHOUT PAY 

6.23.1. Leave without pay (LWOP) is an approved unpaid absence by an employee 
for up to twelve (12) months, and is at the discretion of AIA after being 
considered and approved by the AMT. 

6.23.2. LWOP can commence only after accrued TOIL, annual leave, and long service 
leave entitlements have been used. 

6.23.3. An employee on approved LWOP remains subject to the conditions of the 
Agreement, while on leave. 

6.23.4. An employee returning to work at the planned completion of a period of 
LWOP shall be entitled to the position held immediately before proceeding 
on such leave or, where such position no longer exists but there is another 
position available for which the employee is qualified and capable, a position 
as nearly comparable in status and salary to the former position. 

6.24. LEAVE FOR INVOLVEMENT IN OTHER AREAS OF AI ACTIVITY 

6.24.1. Where an employee is required to provide a contribution to the work of AI, 
which falls outside of the normal duties of the person’s position at AIA, any 
entitlements to additional leave or reimbursements of expenses must be 
approved by AIA in advance of undertaking such work. 

6.24.2. If an employee is involved in Al activities such as membership of committees, 
participation in international missions, or attendance at meetings without 
the prior agreement of AIA, the involvement shall be considered voluntary 
and outside the conditions of employment. 








AIA Enterprise Agreement 2023          38 
 

PART 7. WORKPLACE CONSULTATION 

7.1. INTRODUCTION OF MAJOR CHANGE 

7.1.1. ‘Major Change’ means a major change to production, program, organisation, 
structure, or technology in relation to AIA’s enterprise.  

7.1.2. ‘Significant Effect’ means if the Major Change results in: 

a. the termination of the employment of employees; or 
b. major change to the composition, operation or size of the employer'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. 

7.1.3. ‘Relevant Employee/s’ means the employee/s who are expected to be 
affected by a Significant Effect. 

7.1.4. Once AIA has determined sufficient detail about the introduction of a Major 
Change, but before a definite decision is made, AIA will consult with the 
Relevant Employee/s and the Union about the expected Significant Effect of 
the proposed change as defined above. 

7.1.5. The Relevant Employee/s may appoint a Representative for the purposes of 
consultation and the procedures in this term. 

7.1.6. As part of the consultation process, before making any definite decision, AIA 
must: 

a. consult first with the Relevant Employees and their Representatives if 
elected, the Union and then with all employees: 

i. the introduction of the change including relevant background 
information about the change; and 

ii. the effect the change is likely to have on the employee/s; and 

iii. measures AIA is taking to avert or mitigate the adverse effect of 
the change on the employee/s; and 

iv. invite Relevant Employees to give their views about the impact of 
the change; and  

v. give 5 business days for Relevant Employee/s and/ or other 
employees to raise concerns or offer alternative suggestions, and  

b. for the purposes of the consultation-provide, in writing, to the Relevant 
Employee/s and the Union: 

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 
Relevant Employee /s; and 








AIA Enterprise Agreement 2023     39 

iii. any other matters likely to affect the Relevant Employee/s. 

7.1.7. However, AIA is not required to disclose confidential information that is 
potentially damaging to the interests of AIA to the Relevant Employee/s or all 
employees. 

7.1.8. During the 5 business days, AIA must give prompt and genuine consideration 
to matters raised about the Major Change by the Relevant Employee/s or 
other employees or the Union. 

7.1.9. Once 5 business days have passed, AIA will inform the Relevant Employee/s 
and the Union and then as soon as practicable, all employees, if the proposed 
decision regarding the Major Change is to be implemented as outlined, 
varied in some way, or withdrawn. 

7.2. CHANGE TO REGULAR ROSTER OR ORDINARY HOURS OF WORK 

7.2.1. Once AIA has determined sufficient detail, but before making any definite 
decision about the introduction of a change to a regular roster or ordinary 
hours of work, it will consult with the Relevant Employee/s, their elected 
representatives and the Union about the expected change of regular roster 
or ordinary hours of work.  

7.2.2. AIA must notify the Relevant Employee/s and the Union of the proposed 
decision to introduce the change to regular roster or ordinary hours of work. 

7.2.3. The Relevant Employee/s may appoint a Representative for the purposes of 
consultation and the procedures in this term. 

7.2.4. As part of the consultation and before making a definite decision, AIA must: 

a. consult first with the Relevant Employees and their Representatives if 
elected, and the Union and then with all employees: 

i. the introduction of the change including relevant background 
information about the change; and 

ii. the effect the change is likely to have on the employee/s; and 

iii. measures AIA is taking to avert or mitigate the adverse effect of 
the change on the employee/s; and 

iv. invite employees to give their views about the impact of the 
change; and  

v. give 5 business days for Relevant Employee/s and/ or other 
employees to raise concerns or offer alternative suggestions, and  

b. for the purposes of the consultation-provide, in writing, to the Relevant 
Employee/s: 

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 
Relevant Employee /s; and 

iii. any other matters likely to affect the Relevant Employee/s. 








AIA Enterprise Agreement 2023     40 

7.2.5. However, AIA is not required to disclose confidential information that is 
potentially damaging to the interests of AIA to the Relevant Employee/s or all 
employees. 

7.2.6. During the 5 business days, AIA must give prompt and genuine consideration 
to matters raised about the Major Change by the Relevant Employee/s or 
other employees. 

7.2.7. Once 5 business days have passed, AIA will inform the Relevant Employee/s 
and then as soon as practicable, all employees, if the proposed decision 
regarding the Major Change is to be implemented as outlined, varied in some 
way, or withdrawn. 

7.2.8. The requirement to consult under this clause does not apply where an 
Employee has irregular, sporadic or unpredictable working hours.  

7.3. JOINT CONSULTATIVE COMMITTEE (JCC) 

7.3.1. The Joint Consultative Committee (JCC) is a regular forum between AIA, and 
its employees for the exchange of information on workplace culture and 
opportunities for improvement. The JCC also provides feedback on 
organisational policies and procedures and is involved in the consultation on 
proposals for major change within AIA. 

7.3.2. The members of the JCC shall be: 

a. one representative of the ND (appointed by the ND); 
b. a minimum of three (3) employee representatives and a maximum of 

five (5) employee representatives. 

7.3.3. Employee representatives will self-nominate in response to an annual 
expression of interest process. Should more than five (5) nominations be 
received, an election will take place. 

7.3.4. Any person may be invited by a member of the JCC, or may request to 
participate in and contribute to a meeting in relation to a particular issue or 
issues arising from the agenda for a meeting. 

7.3.5. Elected members will ordinarily hold their positions for a 12 month term, 
however, may be required to extend this for the purposes of handover to the 
new committee over the next one (1) or two (2) meetings. 

7.3.6. The JCC's consultative role does not replace AIA's commitment to consult 
with all employees about matters that affect their employment conditions. 
Nor does it replace any mechanisms for formal consultation with employees 
on industrial matters. The JCC does not have a role in industrial negotiations 
between AIA, its employees, or the union. 

7.3.7. The JCC will ordinarily meet once a quarter; however, any member may call 
additional meetings as required. 

  








AIA Enterprise Agreement 2023     41 

7.4. EQUAL OPPORTUNITY 

7.4.1. AIA is an equal opportunity employer. We provide equality of opportunity to 
all employees and applicants for employment. We deal without regard to 
irrelevant discriminatory factors as described in AIA policy and relevant 
legislation. 

7.4.2. It is the responsibility of management to ensure that equal opportunity 
legislation and policy are developed and maintained. 

7.4.3. AIA is committed to providing a workplace free from discrimination, 
harassment, vilification, victimisation and bullying. It is the responsibility of 
all employees to ensure that equal opportunity legislation and policy are 
followed, and that published standards of conduct are upheld in the 
workplace and in the manner in which we treat and are treated by others in 
the workplace. 








AIA Enterprise Agreement 2023          42 
 

PART 8. WORKPLACE HEALTH AND SAFETY AND EMPLOYEE REPRESENTATION 

8.1. WORKPLACE HEALTH AND SAFETY (WHS) 

8.1.1. AIA is committed to the safety and wellbeing of its employees. 

8.1.2. AIA will ensure that it is compliant with all aspects of Workplace Health and 
Safety Acts and Regulations including the election and training of workplace 
health and safety representatives and the establishment and regular 
meetings of WHS committees in all workplaces. 

8.1.3. Where an employee is required to work outside ordinary contracted hours, 
or at a place that is not the usual place of employment, the safety of the 
employee will continue to be paramount. This may require special amenities 
and allowances, including travel, sleeping, security and other arrangements 
to ensure that the employee is safe, and their privacy assured. 

8.1.4. When Employees are unable to work because a hazard within the working 
environment presents a real, or reasonably perceived, immediate risk of 
injury or detriment to their health, and no alternative work arrangement can 
be made, the resulting absence from work will be on paid time. 

8.1.5. AIA is committed to training all employees and all management in the 
prevention and management of stress and vicarious trauma and the 
provision of professional supervision for all employees.

8.1.6. Where AIA is developing its strategic plans and when considering undertaking 
projects or other activities, management will consult with employees and 
with the WHS Committee to ensure that there are safe workloads prior to 
undertaking those activities or projects. 

8.1.7. AIA recognises that bullying and discrimination can occur in any workplace. 
AIA is committed to a safe, diverse, culturally aware and inclusive workplace 
culture and will ensure that there is appropriate training on a regular basis 
for all existing and new employees on how to prevent and manage bullying 
and discrimination as part of a diverse, culturally aware and inclusive 
workplace. 

8.2. EMPLOYEE REPRESENTATION 

8.2.1. AIA shall, upon appointment of a new employee, advise the employee of the 
Agreement and give the employee the name of the current Union delegate in 
their location. 

8.2.2. On being notified in writing by a Union that an employee has been appointed 
as a Union delegate, AIA will recognise the employee as an accredited 
representative of that Union and allow them: 

a. reasonable time in working hours, without loss of pay, to perform the 
task required to effectively represent Union members in the workplace; 

b. reasonable private access to Union members to discuss Union business 
and to non-Union members for recruitment purposes; 

c. reasonable access to the representatives of AIA for the purpose of 
resolving issues of concern to Union members; 








AIA Enterprise Agreement 2023     43 

d. reasonable time, during working hours, to appraise new employees of 
Union membership; 

e. accessible space for Union delegates to display notices. 

8.2.3. Nothing in this clause excludes union delegates from their obligation to 
comply with their Workplace Health and Safety duties or AIA’s Policies and 
Procedures. 

8.3. INJURING AN EMPLOYEE ON ACCOUNT OF INDUSTRIAL ACTION 

8.3.1. AIA shall not dismiss or threaten to dismiss an employee or injure or threaten 
to injure an employee in their employment or alter the employee's position 
or threaten to alter the position to their prejudice, by reason of 
circumstances that the employee: 

a. is or has been or proposes or has at any time proposed to become an 
officer, delegate, or member of a union; or 

b. is entitled to the benefit of an industrial agreement or an award; or 
c. has appeared or proposed to appear as a witness or has given or 

proposes to give evidence in a proceeding in an industrial tribunal; or 
d. being a member of a union, which is seeking better industrial conditions, 

is dissatisfied with their conditions; or 
e. has absented themself from work if: 

i. their absence for the purpose of carrying out their authorised 
duties as an officer or delegate of a union; or, 

ii. the officer or delegate applied for such absence before they 
absented themself and leave was unreasonably refused or 
withheld; or, 

f. being an officer, delegate, or member of a union, has done or proposes 
to do an act or thing which is lawful for the purpose of furthering the 
industrial interests of a union; or its members being an act or thing done 
within the limits of authority expressly conferred on them by a union in 
accordance with the rules of a union. 

8.4. TRAINING FOR EMPLOYEE DELEGATES 

8.4.1. Upon written application to AIA, a delegate or potential delegate will be 
granted up to and including five (5) working days union training leave on 
ordinary pay in each calendar year. AIA will not be required to meet any 
other associated costs of the training. The total leave pool available to 
delegates or potential delegates, as a collective group, in any calendar year is 
twenty (20) days.  

8.4.2. Applications for leave to attend short courses other than those conducted by 
or with the support of the ACTU Education Inc. or relevant training body 
approved by a union, are to include details of the scope, content and level of 
the course or seminar and of the authority which is conducting or overseeing 
the course. 

8.4.3. The granting of such leave will be subject to AIA’s convenience and will not 
unreasonably affect the operations of AIA. However, AIA shall not 
unreasonably withhold agreement to such leave. 








AIA Enterprise Agreement 2023     44 

8.4.4. The scope, content and level of the course or seminar concerned shall be 
such, as to contribute to a better understanding of industrial relations. 
Provided that courses or seminars conducted by or with the support of ACTU 
Education Inc. or relevant training body approved by a union shall be deemed 
to contribute to a better understanding of industrial relations 

8.5. MEETINGS FOR EMPLOYEES CONCERNING INDUSTRIAL MATTERS 

8.5.1. Unions will provide 24 hours’ notice of the intention to hold paid meetings. 
Unions and AIA will agree to a mutually convenient time for the paid 
meeting. Unions will provide AIA with the purpose of the meeting in advance 
and will advise AIA of any actions, if required. 

8.5.2. During the bargaining period for a new Agreement, the 24 hour notice will be 
waived. 

  








AIA Enterprise Agreement 2023     45 

PART 9. GRIEVANCE AND DISPUTE SETTLEMENT PROCEDURE 

9.1. PROCEDURE 

9.1.1. If a grievance or dispute relates to: 

a. any dispute or grievance arising out of the operation of this Agreement, 
other than a dispute or grievance arising directly from an AIA concern 
about an employee's work performance or conduct; or 

b. the National Employment Standards. 

this Part sets out procedures to settle the dispute or grievance. 

9.1.2. An employee who is party to the dispute may appoint a Representative for 
the purposes of the procedures in this Part. 

9.1.3. In the first instance, the parties to the dispute must attempt to resolve the 
dispute or grievance through discussion between the employee or employees 
and relevant manager(s).  

9.1.4. Where such attempt at settlement has failed or where the dispute or claim is 
of such a nature that a direct discussion between the employee and manager 
would be inappropriate, the employee may notify AIA and a meeting will be 
arranged. Such notification may be by the employee’s Representative. 

9.1.5. Where a party to this Agreement is notified of a grievance or dispute in 
writing, it will acknowledge receipt of the dispute within 2 working days. The 
arrangement of a meeting under clause 9.1.4 will ordinarily take place within 
10 working days of notification. 

9.1.6. If the matter remains unresolved, it may be referred to the FWC or to an 
agreed independent mediator, conciliator or arbitrator for further mediation, 
conciliation or arbitration, not less than one month after original notification 
of the dispute or grievance. 

9.1.7. A decision made by the FWC, or independent arbitrator as a result of 
arbitration will be accepted by both parties. 

9.1.8. While the parties are trying to resolve the dispute using the procedures in 
this Part: 

a. an employee must continue to perform their work as they would 
normally unless they have a reasonable concern about an imminent risk 
to their health or safety; and 

b. an employee must comply with a direction given by AIA to perform 
other available work at the same workplace, or at another workplace, 
unless: 

i. the work is not safe, or 

ii. applicable workplace health and safety legislation would not 
permit the work to be performed, or 

iii. there are other reasonable grounds for the employee to refuse to 
comply with the direction. 








AIA Enterprise Agreement 2023     46 

9.1.9. No party shall be prejudiced as to the final settlement by the continuation of 
work in accordance with this Part.








AIA Enterprise Agreement 2023          47 
 

PART 10. PERFORMANCE MANAGEMENT MISCONDUCT PROCEDURES, AND 
TERMINATION. 

10.1. PERFORMANCE MANAGEMENT AND MISCONDUCT PROCEDURE 

10.1.1. AIA may commence Performance Management and Misconduct procedures 
in the event that an employee's conduct or work performance is found by 
AIA to be unacceptable. AIA will have regard for the circumstances of each 
case and that the process is not harsh, unjust, or unreasonable in those 
circumstances. 

10.1.2. An employee who is party to the dispute may appoint a Representative for 
the purposes of the procedures in this Part. 

10.1.3. All Performance Management and Misconduct matters remain confidential 
between the employee and AIA. Nothing in this clause prevents employees or 
managers from confiding with their Representative or non-employee support 
networks. 

10.1.4. This procedure has four steps: 

Step 1 first warning, 

Step 2 second warning, 

Step 3 final written warning, then 

Step 4 termination. 

10.1.5. In most circumstances AIA will commence the procedure at Step 1 after 
having first raised concerns in an informal manner such as through catch ups 
or informal emails; however, the procedure may start at Step 2 where 
concerns amount to a failure to fulfil one’s obligations which have the 
potential to cause serious and/or significant harm to AIA or an individual. 
Examples include but are not limited to issues resulting in significant financial 
loss or issues which have the potential to cause significant impact to AIA 
including serious reputational damage. In more serious cases (similar in 
nature to those outlined in clause 10.8), the procedure may commence at 
Step 3. For cases of serious misconduct justifying summary dismissal, this 
clause shall not apply, and the procedure outlined at clause 10.8 used 
instead. 

10.1.6. Usually, each meeting will be attended by the employee’s immediate 
manager and a representative from People and Culture. Where the employee 
or immediate manager identifies that a conflict of interest exists, AIA will 
determine if an alternate manager should participate in the meeting. At each 
meeting, the employee will always be given the opportunity to state their 
case and may be accompanied by a Representative. 

10.1.7. Where possible, AIA shall provide the employee with two (2) days’ notice of a 
meeting. Such notice will include: 

a. the purpose of the meeting, and 
b. outline AIA’s concerns about the employee’s performance or conduct, 

including any example, known at the time of writing the notice. 








AIA Enterprise Agreement 2023     48 

10.1.8. The employee may request an alternate date or time for the meeting, as long 
as the meeting is conducted as soon as possible (but no more than one (1) 
week afterwards, unless in exceptional circumstances).  

10.2. STEP 1- FIRST WARNING 

10.2.1. A meeting will be held to discuss the employee’s performance or conduct.  
The employee will be given the opportunity to explain their position. AIA will 
consult with the employee about suitable corrective action and timelines, 
before setting out the corrective action required, and the timeline for review. 

10.2.2. AIA may then issue a first warning to the employee and outline what further 
action may be taken if the improvement required does not occur. 

10.3. STEP 2 - SECOND WARNING 

10.3.1. If the performance or conduct fails to meet the required standard in the 
timeline allowed, or where the same or a related problem occurs within six 
(6) months of the end of the review period, or where performance or 
conduct warrants the commencement of the process at Step 2 as outlined in 
clause 10.1.5, AIA shall hold a meeting with the employee and may issue a 
second warning.  

10.3.2. The meeting will follow the same format as a first warning.  

10.4. STEP 3 - FINAL WRITTEN WARNING 

10.4.1. The procedure for a final written warning is the same as for a first or second 
warning, however the employee is provided with a final list of corrective 
action required, and a final timeline to meet the required standard.  

10.4.2. After the meeting, the written document provided to the employee will 
confirm the facts relied upon to justify the warning(s) and will confirm that if 
the unsatisfactory performance or conduct continues, or if within 6 months 
of the end of the review period the same or related conduct or performance 
occurs, the employee may have their employment terminated. 

10.5. STEP 4 - TERMINATION 

10.5.1. Where the unsatisfactory performance or conduct continues, or where the 
same or a related problem occurs within 6 months of the final review period, 
AIA may terminate the employment of the employee. 

10.5.2. Before deciding to terminate, AIA will hold a meeting where the employee 
will be given the opportunity to explain their actions.  

10.6. WRITTEN RECORDS 

10.6.1. A record of any warning issued will be placed on the employee’s file.  The 
employee’s personal file shall be kept in a secure place and shall be made 
available to the employee if requested.  AIA will prepare a record of each 
meeting and provide an opportunity for the employee to add their 
comments.  If an employee disagrees with AIA’s record of the meeting, they 
may provide their own record of the meeting to be included in their file 
within 2 business days of receiving AIA’s record.  








AIA Enterprise Agreement 2023     49 

10.6.2. Where AIA determines that no further action is required in relation to a 
warning, this will be recorded on the warning record as soon as possible. 

10.6.3. After 12 months from this date, if no further issues exist and unless 
otherwise required by law, the warning will be removed from the employee’s 
file. Where the concerns relate to allegations of bullying, fraud, breaches of 
WHS obligations and harassment or intimidation on the basis of gender, 
ethnicity, sexuality, physical disability, or other discriminatory reason, this 
clause shall not apply. 

10.7. DISPUTES CONCERNING PERFORMANCE MANAGEMENT AND MISCONDUCT 
PROCEDURES 

10.7.1. In situations where an employee notifies AIA that the Performance 
Management and Misconduct procedures are not appropriate in the 
circumstances, a review meeting may be called between AIA and the 
employee. At the review meeting, the employee will outline their concerns, 
and if the employee has elected to bring a Representative that person may 
also outline any concerns. AIA shall then determine if the Performance 
Management and Misconduct process will proceed.  

10.7.2. A review meeting must be requested at least 3 hours before a meeting in this 
Part is scheduled or within 1 week of a meeting occurring. Review meetings 
will ideally be held within 1 week of being requested.  

10.8. SUMMARY DISMISSAL 

10.8.1. In cases of alleged serious misconduct, AIA may suspend an employee on full 
pay or direct them to perform different duties and/or direct them to perform 
work in a different workplace or from home, but under the employee's 
existing employment conditions, until such time as the alleged misconduct 
has been investigated.  

10.8.2. Where suspension occurs, AIA will provide the employee with the reason(s) 
for the suspension and the estimated duration. AIA shall endeavour to keep 
the period of suspension short. 

10.8.3. At the conclusion of the investigation, a meeting will be organised between 
AIA and the employee to discuss the allegations. Where the investigation 
concludes that serious misconduct has occurred, AIA will terminate the 
employment of an employee without prior notice of termination, or payment 
in lieu of notice.  

10.8.4. Termination of employment by AIA will not be harsh, unjust or unreasonable. 

10.8.5. Situations which may warrant summary dismissal would include, but are not 
limited to: 

a. fighting, 
b. the inability to carry out normal duties as a result of the use of 

intoxicants, 
c. committing or attempting to commit any act of fraud, 
d. charges or convictions of criminal offences deemed by AIA to make its 

unsuitable for the employee to continue in their employment, 
e. wilful damage to company property or reputation, 








AIA Enterprise Agreement 2023     50 

f. deliberate breach of workplace health and safety obligations, 
g. abuse of members of the public, or 
h. harassment, bullying or unlawfully discriminatory conduct. 

10.8.6. Upon termination of employment AIA may withhold and retain any monies 
owing to the employee to satisfy any amounts owed by the employee to AIA. 
This clause will not apply where the deduction is an impermissible deduction 
from an NES entitlement.








AIA Enterprise Agreement 2023          51 
 

PART 11. INDIVIDUAL FLEXIBILITY AGREEMENT (IFA) 

11.1. PROCEDURE 

11.1.1. AIA is committed to providing flexible working conditions that are to the 
mutual benefit of AIA and its employees.  

11.1.2. AIA and an employee covered by this Agreement may agree to make an 
individual flexibility agreement (IFA) to vary the effect of terms of the 
Agreement if: 

a. the IFA deals with one or more of the following matters: 

i. ongoing arrangements about when work is performed, 

ii. annual leave, 

iii. allowances, and/or 

iv. overtime and penalty rates. 

b. the IFA meets the genuine needs of AIA and the employee in relation to 
one or more of the matters mentioned in paragraph (a); and 

c. the IFA is genuinely agreed to by AIA and the employee; and 
d. the IFA will result in the employee being better off overall than the 

employee would be if no IFA was made. 

11.1.3. AIA must ensure that the terms of the IFA: 

a. are about permitted matters under s 172 of the FW Act; and 
b. are not about unlawful terms under s 194 of the FW Act.  

11.1.4. AIA must ensure that the IFA: 

a. is in writing; and 
b. includes the name of the employer and employee; and 
c. is signed by AIA 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:  

11.1.5. AIA will give the employee a copy of the IFA within 14 days after it is agreed 
to. 

11.1.6. AIA or the employee may terminate the IFA: 

a. by giving 28 days written notice to the other party to the arrangement; 
or 

b. if AIA and the employee agree in writing—at any time. 

11.1.7. IFA’s are confidential documents between AIA and the employee. IFA’s are 
kept in employee files.

i. the terms of the Agreement that will be varied by the IFA; and 
ii. how the IFA 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 IFA; 
and  

iv. states the day on which the IFA commences. 








AIA Enterprise Agreement 2023          52 
 

PART 12. TERMINATION AND REDUNDANCY 

12.1. TERMINATION  

12.1.1. Upon termination of employment AIA may withhold and retain any monies 
owing to the employee, where it is lawfully able to do so, to satisfy any 
amounts owed by the employee to AIA. 

12.2. NOTICE OF TERMINATION BY AN EMPLOYEE 

12.2.1. The notice of termination required to be given by an employee is the same as 
that required of AIA, save and except that there shall be no additional notice 
based on the age of the employee concerned and that notice is to be 
provided in all cases. 

12.2.2. If an employee fails to give notice, AIA shall withhold monies due to the 
employee up to a maximum amount equal to the ordinary time rate of pay 
for the period of notice. 

12.3. NOTICE OF TERMINATION BY AIA 

12.3.1. Where AIA terminates the employment of an employee (other than for cases 
of summary dismissal, casual employees, or employees ending fixed term 
contracts) AIA will provide the employee with four (4) weeks’ notice of 
termination, other than for probationary employees who will receive two (2) 
weeks’ notice of termination. 

12.3.2. In addition to this notice, employees over forty five (45) years of age, at the 
time of the giving of the notice shall be entitled to an additional week’s 
notice (other than for probationary employees). 

12.3.3. Payment in lieu of the notice period will be paid if the appropriate notice 
period is not given. Provided that employment may be terminated by 
providing part of the period of notice specified and part payment in lieu 
thereof. 

12.3.4. In calculating any payment in lieu of notice, the salary the employee would 
have received, in respect of the ordinary time they would have worked 
during the period of notice had their employment not been terminated, shall 
be used. 

12.4. CERTIFICATE OF SERVICE 

12.4.1. Upon termination of employment for any reason AIA shall, on the request of 
the employee, provide the employee with a certificate of service in the 
following form: 

a. employee's name, 
b. period of employment, 
c. title of last position, 
d. nature of work, and 
e. signed/dated. 

12.5. REDUNDANCY 

12.5.1. Where a position has been declared redundant and the employee concerned 
does not wish to take voluntary redundancy (if available) or to be retrenched, 








AIA Enterprise Agreement 2023     53 

AIA will take all reasonable steps and make a genuine effort to redeploy the 
employee into a suitable position. Such redeployment may involve 
reasonable retraining.  

12.5.2. Where an employee is transferred to lower paid duties or shorter hours for 
reasons set out in this part the employee shall be entitled to the same period 
of notice of transfer as they would have been entitled to if their employment 
had been terminated, and AIA may at AIA's option make payment in lieu 
thereof of an amount equal to the difference between the former salary 
entitlements and the new salary entitlements for the number of weeks of 
notice still owing. 

12.5.3. In addition to the period of notice prescribed for ordinary termination, an 
employee whose employment is terminated, and separates from AIA, for 
reasons set out in this Part, shall be entitled to the following amount of 
severance pay in respect of their period of Continuous Service: 

 

 

 

 

 

 

 

"Weeks’ pay" means the employee's current ordinary time hourly rate of pay 
multiplied by the average number of weekly hours (excluding overtime) 
worked over the past 52 weeks. 

12.5.4. In addition, an employee whose employment is terminated on the grounds of 
redundancy will be entitled to a maximum of $3,000 of outplacement 
services, to be reimbursed by AIA upon presentation of appropriate receipts. 
The entitlement period for reimbursement of outplacement services is six (6) 
months from the date of termination or until the employee commences paid 
employment, whichever comes first. 

12.5.5. An employee whose employment is terminated for reasons set out in this 
Part may terminate their employment during the period of notice and, if so, 
shall be entitled to the same benefits and payments under this clause had 
they remained with AIA until the expiry of such notice. Provided that in such 
circumstances the employee shall not be entitled to payment in lieu of the 
remainder of the period of notice. 

12.5.6. AIA, in a particular redundancy case, may make application to the FWC to 
have the general severance pay prescription varied if AIA obtains acceptable 
alternative employment for an employee. 

12.5.7. During the period of notice of termination given by AIA for reasons set out in 
this Part an employee shall be allowed up to one (1) day’s time off without 
loss of pay during each week of notice for the purpose of seeking other 
employment. 

Period of Continuous Service Severance Pay 
Less than one year: Nil 
1 year and up to 2 years 4 weeks’ pay 
2 years and up to 3 years 7 weeks’ pay 
3 years and up to 4 years 10 weeks’ pay 
4 years and up to 5 years 12 weeks’ pay 
5 years and up to 6 years 14 weeks’ pay 
6 years and more 16 weeks’ pay 








AIA Enterprise Agreement 2023     54 

12.5.8. If the employee has been allowed paid leave for more than one (1) day per 
week during the notice period for the purpose of seeking other employment, 
the employee shall, at the request of AIA, be required to produce proof of 
attendance at an interview or they shall not receive payment for the time 
absent. For this purpose, a statutory declaration will be sufficient. 

12.5.9. This clause shall not apply where employment is terminated for reasons 
other than redundancy. An employee is not entitled to any redundancy 
payment or benefit unless their employment has been declared redundant 
by AIA and their employment with AIA ceases. An employee who is 
redeployed or accepts alternative employment within AIA is not eligible for 
any severance payments or benefits under this Part. 

12.5.10. AIA will comply with s120 of the Act. 

 

   








AIA Enterprise Agreement 2023     55 

PART 13. FINAL MATTERS 

13.1. NO EXTRA CLAIMS 

13.1.1. The parties agree that this Agreement is in settlement of all enterprise 
bargaining claims for the life of the Agreement. 

13.1.2. The parties agree that there shall be no extra claims for increases in wages or 
conditions for the duration of this Agreement. 

13.2. VARYING THE AGREEMENT 

13.2.1. This Agreement will be varied only in accordance with the provisions of the 
FW Act. 

13.3. SAVINGS 

13.3.1. Nothing in this Agreement will be deemed or construed to reduce the Rates 
of Pay to which an employee was entitled, prior to the making of this 
Agreement. 

13.3.2. AIA's rights to institute change as outlined in Part 7 (Introduction of Major 
Change) including the transfer of an employee to lower paid duties, shall not 
be affected in any way by the operation of this clause. 








AIA Enterprise Agreement 2023       56

PART 14. SIGNATURES

Signed for and on behalf of Amnesty International Australia

_______________________________________________________________
Signature  Date

_______________________________________________________________
Print Name  Address

National Director, Amnesty International Australia

_______________________________________________________________
Witness   Date

_______________________________________________________________
Print Name  Address

Signed for and on behalf of the Australian Services Union

_______________________________________________________________
Signature  Date

_______________________________________________________________
Print Name  Address

Secretary of the ASU

_______________________________________________________________
Witness   Date

_______________________________________________________________
Print Name  Address

17/05/2023

17/05/2023

Emily Willis 1/41 Robertson Street, Fortitude Valley, 4006

For

Sumithira Thavapalan     Level 1, 79 Myrtle Street, Chippendale, NSW 2008         


S Thawapalan Witness




 



AIA Enterprise Agreement 2023          56 
 

 

PART 14. SIGNATURES 

 

Signed for and on behalf of Amnesty International Australia 
 
 
_______________________________________________________________ 
Signature  Date 
 
_______________________________________________________________ 
Print Name  Address 
 
National Director, Amnesty International Australia 
 
_______________________________________________________________ 
Witness   Date 
 
_______________________________________________________________ 
Print Name  Address 
 
 
Signed for and on behalf of the Australian Services Union 
 
 
   19 May 2023 
_______________________________________________________________ 
Signature  Date 
 
Robert Potter  Ground Floor, 116 Queensberry Street, Carlton South VIC 3053 
_______________________________________________________________ 
Print Name  Address 
 
National Secretary of the ASU 
 
   19 May 2023 
_______________________________________________________________ 
Witness   Date 
    

Dani Brooks  Ground Floor, 116 Queensberry Street, Carlton South VIC 3053 
 _______________________________________________________________ 
Print Name  Address   


Abrooks




 



IN THE FAIR WORK COMMISSION

FWC Matter No.:
AG2023/1441

Applicant:
Amnesty International Australia

Undertaking- section 190

I, Emily Willis, People and Culture Lead for Amnesty International Australia give the following
undertakings with respect to the Amnesty International Australia Employment Agreement 2023 ("the
Agreement"):

1. I have the authority given to me by Amnesty International Australia to provide this undertaking in
relation to the application before the Fair Work Commission.

2. In relation to Clause 3.4.6(c), AIA will pay employees in the Levels and Pay Points below,
directed to work overtime on a public holiday, at the rate of two hundred and fifty percent (250%).

i. Level 2, Pay Points 1, 2 and 3
ii. Level 3 Pay Point 1
iii. Level 5 Pay Points 1, 2, 3 and 4
iv. Level 7, Pay Points 1, 2 and 3

3. In addition to the meal break provided for in Clause 3.2, every employee will be entitled to a paid
10 minute tea break in each four hours worked at a time agreed between AIA and the employee.
Tea break will count as time worked.

4. Clause 5.13.4 of the Agreement should be read as:

An employee required to be on-call shall receive the following amounts for each 24 hour period or part thereof, when the on call period is
as follows:

Monday to
Friday

Saturda
y

Sunday or
PH

EA
Commencement

$27.86 $41.66 $48.68

From 01 Jan 2024 $28.84 $43.12 $50.38

From 01 Jan 2025 $29.85 $44.63 $52.14

Employer name: Amnesty International Australia

Authority to sign: People and Culture Lead

Signature:

Date: 30th May 2023

1

Cases cited by this decision: