Australian Human Rights Commission Enterprise Agreement 2024-2027

1

Fair Work Act 2009 
s.185 - Application for approval of a single-enterprise agreement

Commonwealth Of Australia Represented By The Australian Human 
Rights Commission T/A Australian Human Rights Commission
(AG2024/917)

AUSTRALIAN HUMAN RIGHTS COMMISSION ENTERPRISE 
AGREEMENT 2024-2027

Commonwealth employment

DEPUTY PRESIDENT MASSON MELBOURNE, 3 APRIL 2024

Application for approval of the Australian Human Rights Commission Enterprise Agreement 
2024-2027

[1] An application has been made for approval of an enterprise agreement known as the 
Australian Human Rights Commission Enterprise Agreement 2024-2027 (the Agreement). The 
application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made 
by Commonwealth of Australia (represented by the Australian Human Rights Commission). 
The Agreement is a single enterprise agreement.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) 
(Amending Act) made a number of changes to enterprise agreement approval processes in Part 
2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for 
the Agreement under s.173(2) was 27 February 2023 and the Agreement was made on 15 March 
2024. Accordingly, both the genuine agreement and the better off overall test requirements are 
those applying on and from 6 June 2023.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this 
application for approval have been met.

[4] The Community and Public Sector Union (CPSU), 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.

[2024] FWCA 1174

DECISION
FairWork 

Commission 


AUSTRALIA FairWork Commission






[2024] FWCA 1174

2

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
10 April 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE524060  PR773060


WORK COMMISSION THE SE




 



Australian Human Rights 
Commission Enterprise 
Agreement 2024–2027






  










 

Signatories

This agreement is made under Section 172 of the Fair Work Act 2009.

Employer 

Signed for the Australian Human Rights Commission 

………………………………………….........................................................

Emeritus Professor Rosalind Croucher AM 
President  
Australian Human Rights Commission 
Level 5, 175 Pitt St, Sydney NSW 2000 

 

Bargaining representative: Community and Public Service Union (CPSU)

Signed for the Community and Public Service Union (CPSU) 

………………………………………….........................................................

Melissa Payne  
Assistant National Secretary  
54-58 Foveaux St, Surry Hills NSW 2010

3Australian Human Rights Commission

 


Kun




 



4

Contents

Section 1: Technical matters  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 8

Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Parties to the Agreement  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Operation of the Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

National Employment Standards (NES) precedence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Closed comprehensive agreement  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Objectives and Principles  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Code of Conduct and APS values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Individual flexibility arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

Section 2: Remuneration  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 13

Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

Payment of salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

Salary setting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

Incremental advancement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14

Superannuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

Method for calculating superannuation salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

Payment during unpaid parental leave  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

Overpayments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

Supported Wage System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

Section 3: Allowances and reimbursements  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 17

Higher duties allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17

Workplace responsibility allowances  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18

Community language allowance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19

Section 4: Classifications and broadbands  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 20

Entry level programs/Graduates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

Broadband . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

Work Level Standards  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

Section 5: Working hours and arrangements  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 21

Job security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21

Commitment to ongoing employment and rebuilding APS capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21

Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21

Pathways to permanency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21

Casual (irregular or intermittent) employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21

Non-ongoing employment  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

Working hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

Flex-time for APS 1–6 classifications  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

Executive Level Time Off in Lieu (EL TOIL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

Overtime and restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24

Enterprise Agreement 2024–2027








Flexible working arrangements and Work Life Balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25

Requesting formal flexible working arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26

Varying, pausing or terminating flexible working arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27

Working from home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28

Ad-hoc arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28

Altering span of hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28

Employees with caring responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29

Retirement transition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29

Range of locations of work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29

Part-time work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29

Christmas closedown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29

Public holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30

Section 6: Leave  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 31

Annual leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31

Purchased leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31

Personal/carer’s leave  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32

Accrual of personal/carer’s leave from commencement of the agreement. . . . . . . . . . . . . . . . . . . . . . . . . .32

Accrual of personal/carer’s leave post transitional arrangement  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33

Transitional arrangements  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33

Documentary Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33

Notification of personal/carer’s leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33

Invalidity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33

Portability of leave  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34

Re-crediting of leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34

Long service leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35

Miscellaneous leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35

Cultural, ceremonial and NAIDOC leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35

NAIDOC leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35

First Nations ceremonial leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35

Cultural leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36

Parental leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36

Payment during parental leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36

Adoption and long-term foster care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37

Stillbirth  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38

Pregnancy loss leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38

Premature birth leave  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38

Transitional provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38

Compassionate leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38

Bereavement leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39

Elder and Disability Carer’s leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39

Moving house leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39

Sabbatical leave/Career break . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39

Emergency response leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39

Jury duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

Community Volunteer leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

5Australian Human Rights Commission

 








6

Defence reservist leave  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

Defence service sick leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41

Leave to attend proceedings  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42

Section 7: Employee support and workplace culture  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 43

Blood donation  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43

Vaccinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43

Employee Assistance Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43

Healthy Lifestyle Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43

Work health and Safety (WHS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43

Reasonable Adjustment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44

Respect at work (Respect@Work)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44

Principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44

Consultation  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44

Family and domestic violence support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44

Integrity in the APS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46

First Nations cultural competency training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46

Diversity  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46

Lactation and breastfeeding support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47

Disaster support  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47

Section 8: Performance and development  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 48

Performance management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48

Managing underperformance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48

Workloads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49

Study leave and study assistance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49

Study Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50

Study Assistance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50

Learning and development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50

Professional qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51

Section 9: Travel and location-based conditions  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 52

Travel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52

Motor vehicle allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53

Airline Lounge Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53

Overseas Travel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53

Relocation assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54

Loss, damage and indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54

Section 10: Consultation, representation and dispute resolution  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 55

Consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55

Principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55

When consultation is required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55

Provisions for consultation on major change and introduction of a change to regular roster or 

ordinary hours of work of employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56

Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56

Major change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56

Change to regular roster or ordinary hours of work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57

Enterprise Agreement 2024–2027








Interaction with emergency management activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58

Commission consultative committee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58

APS consultative committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58

Dispute resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58

Leave of absence to attend proceedings  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59

Delegates’ rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60

Supporting the role of union delegates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60

Section 11: Separation and retention  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 61

Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61

Payment on death of an employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61

Redeployment, retraining, redundancy  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61

Excess Employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61

Consultation process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62

Early Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62

Separation with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62

Redundancy benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63

Period of notice  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63

Periods of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63

Redeployment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64

Salary Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65

Involuntary termination of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65

Absence without approval and abandonment of employment  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66

Attachment A – Base salaries  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 67

Attachment B – Supported Wage System   .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 68

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68

Eligibility criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68

Supported wage rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69

Assessment of capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69

Lodgement of SWS wage assessment agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69

Review of assessment  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70

Other terms and conditions of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70

Workplace adjustment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70

Trial period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70

7Australian Human Rights Commission

 








8

Section 1: Technical matters

Title
1. This agreement will be known as the Australian Human Rights Commission Enterprise 

Agreement 2024–2027.

Parties to the Agreement
2. This Agreement covers:

a) the President of the Australian Human Rights Commission (Commission), for and on 
behalf of the Commonwealth of Australia as the employer;

b) all employees in the Commission employed under the Public Service Act 1999 (PS Act) 
other than:

i) Senior Executive Service employees or equivalent; and

c) subject to notice being given in accordance with section 183 of the FW Act, the following 
employee organisation/s which were bargaining representative for this agreement:

i) Community and Public Sector Union (CPSU).

Operation of the Agreement
3. This Agreement will commence operation seven days after approval by the Fair Work 

Commission.

4. This Agreement will nominally expire on 28 February 2027.

Delegations
5. The President may delegate to or authorise any person to perform any or all of the 

President’s powers or functions under this Agreement, including the power of delegation, and 
may do so subject to conditions but no such delegation shall prevent the personal exercise by 
the President of a power or function so delegated.

National Employment Standards (NES) precedence
6. The terms of this Agreement are intended to apply in a manner that does not derogate from 

the NES. The NES will continue to apply to the extent that any term of this Agreement is 
detrimental to an employee of the Commission in any respect when compared with the NES.

Closed comprehensive agreement
7. This Agreement states the terms and conditions of employment of employees covered by this 

Agreement, other than terms and conditions applying under relevant Commonwealth laws.

8. This Agreement will be supported by policies and guidelines, as implemented and varied from 
time to time.

Enterprise Agreement 2024–2027








9. Policies and guidelines are not incorporated into and do not form part of this Agreement. 
To the extent that there is any inconsistency between policies and guidelines and the terms of 
this Agreement, the terms of this Agreement will prevail.

Objectives and Principles
10. This Agreement is to assist the Commission in achieving its purpose, vision, and strategic 

goals as reflected in the Commission’s Corporate Plan.

11. Consistent with the APS Values, the Commission is committed to effective workplace 
relations that value communication, consultation with employees and their representatives 
and cooperation and input from employees about matters that affect their workplace, 
including employment guidelines, procedures and policies. The Commission will allow 
reasonable time for such consultation and establish ad-hoc committees as necessary. 
Consultation on major changes affecting the Commission will be in accordance with 
Section 10 – Consultation, representation and dispute resolution of this Agreement.

12. The role of workplace representatives, including union delegates and employee 
representatives, will be respected and facilitated, in accordance with the FW Act.

Code of Conduct and APS values
13. In implementing this Agreement and in undertaking their duties, an employee shall comply 

with Australian Public Service Values and APS Code of Conduct and shall not behave in a 
manner contrary to the interests of the Commission. Employees are required to comply with 
all Commission policies and guidelines as a condition of employment.

14. The following actions are required standards of conduct, employees:

a) who participate in a private capacity in public discussions must:

i) ensure that the audience is clear that the public comment is being made in a private 
capacity and that the employee is not speaking on behalf of the Commission or the 
Government; and

ii) ensure that the public comment cannot be seen as compromising their ability to 
continue to carry out their official duties in an unbiased and apolitical manner; and

iii) not make public comment in circumstances where the employee’s status or other 
reasons will make it difficult for the audience to believe that the comments are being 
made in a private capacity.

b) must comply with Commission policies and use the resources, equipment and facilities of 
the Commission in a proper and lawful manner, recognising the particular nature of the 
Commission’s role and functions.

c) must seek approval if they wish to engage in outside employment. Any outside 
employment must not pose a conflict of interest with their employment in the 
Commission.

9Australian Human Rights Commission

Section 1: Technical matters








10

Individual flexibility arrangements
15. The Commission and an employee covered by this Agreement may agree to make an 

individual flexibility arrangement to vary the effect of terms of the Agreement if:

a) the Agreement deals with one or more of the following matters:

i) arrangements about when work is performed;

ii) overtime rates;

iii) penalty rates;

iv) allowances;

v) remuneration; and

vi) leave and leave loading; and

b) the arrangement meets the genuine needs of the Commission and employee in relation 
to one or more of the matters mentioned in clause 15a; and

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

16. The Commission must ensure that the terms of the individual flexibility arrangement:

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

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

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

17. The Commission must ensure that the individual flexibility arrangement:

a) is in writing;

b) includes the name of the Commission and employee;

c) is signed by the President of the Commission or the President’s delegate and the 
employee and, if the employee is under 18 years of age, signed by a parent or guardian 
of the employee; and

d) includes details of:

i) the terms of the enterprise agreement that will be varied by the arrangement;

ii) how the arrangement will vary the effect of the terms;

iii) how the employee will be better off overall in relation to the terms and conditions 
of their employment as a result of the arrangement; and

e) states the day on which the arrangement commences.

18. The Commission must give the employee a copy of the individual flexibility arrangement 
within 14 days after it is agreed to.

19. The Commission or employee may terminate the individual flexibility arrangement:

a) by giving no more than 28 days written notice to the other party to the arrangement; or

b) if the Commission and employee agree in writing – at any time.

20. The Commission and employee are to review the individual flexibility arrangement at least 
every 12 months.

Enterprise Agreement 2024–2027








Definitions
21. The following definitions apply to this Agreement:

Agreement means the Australian Human Rights Commission Enterprise Agreement 2024-2027.

APS means the Australian Public Service.

APS agency means an agency whose employees are employed under the PS Act, including an 
agency as defined in section 7 of the PS Act whose employees are employed under that Act.

APS consultative committee means the committee established by the APS Commissioner to consider 
matters pertaining to the (APS) employment relationship and of interest to the APS as a whole.

Australian Defence Force Cadets means the Australian Navy Cadets, Australian Army Cadets, 
or the Australian Air Force Cadets.

Bandwidth means the span of hours during which an employee can perform ordinary hours.

Broadband refers to the allocation of more than one approved classification by the President 
to a group of duties involving work value applying to more than one classification under 
sub-rule 9(4) of the Public Service Classification Rules 2000. A broadband encompasses the 
full range of work value of the classifications contained within it.

Casual employee (irregular or intermittent employee) means an employee engaged under 
section 22(2)(c) of the PS Act who:

a) is a casual employee as defined by the FW Act; and

b) works on an irregular or intermittent basis.

Child means a biological child, adopted child, foster child, stepchild, or ward, as defined 
under section 17(1) of the FW Act.

Classification or classification level means the approved classifications as set out in rule 5 of 
the Public Service Classification Rules 2000.

Commission means the Australian Human Rights Commission and shall include any person 
with an appropriate delegation to act on its behalf.

De facto partner means a person who, regardless of gender, is living in a common household 
with the employee in a bona fide, domestic, interdependent partnership, although not legally 
married to the employee. This includes a former de facto partner.

Delegate means someone to whom a power or function has been delegated.

Dependant means the employee’s spouse or de facto partner, a child, parent or aged relative 
of the employee or the employee’s spouse or de facto partner, who ordinarily lives with the 
employee and who is substantially dependent on the employee. Dependant also includes 
a child of the employee who does not ordinarily live with the employee but for whom the 
employee provides substantial financial support.

Employee means an employee of the Commonwealth engaged under section 22(2) of the 
PS Act who is covered by this Agreement (whether full-time, part time or casual, ongoing or 
non-ongoing).

Employee representative means a person (whether an employee or not) elected or chosen by an 
employee, or elected or chosen by a group of employees in a workplace, to represent the individual 
and/or collective views of those employees in relation to a matter under this Agreement.

Family means:

a) a spouse, former spouse, de facto partner or former de facto partner of the employee;

b) a child, parent, grandparent, grandchild, or sibling of the employee;

c) a child, parent, grandparent, grandchild, or sibling of a spouse, former spouse, de facto 
partner or former de facto partner of the employee;

11Australian Human Rights Commission

Section 1: Technical matters








12

d) a member of the employee’s household; or

e) a person with whom the employee has a relationship of traditional kinship where there 
is a relationship or obligation, under customs and traditions of the community or group to 
which the employee belongs.

Family and domestic violence has the same meaning as in section 106B(2) of the FW Act.

Full-time employee means an employee employed to work an average of 36 hours and 
45 minutes per week in accordance with this Agreement.

FW Act means the Fair Work Act 2009 as amended from time to time.

Manager means an employee’s direct manager who is usually the person to whom an 
employee reports to on a day-to-day basis for work related matters, and may include a 
person referred to as a supervisor.

ML Act means the Maternity Leave (Commonwealth Employees) Act 1973 as amended from 
time to time and any successor legislation.

NES means the National Employment Standards at Part 2-2 of the FW Act.

Non-ongoing employee means an employee engaged under section 22(2)(b) of the PS Act 
for a specified term or for the duration of a specified task, and consistent with the FW Act.

Ongoing employee means an employee engaged under section 22(2)(a) of the PS Act.

Ordinary hours, duty or work means an employee’s usual hours worked in accordance with 
this Agreement and does not include additional hours.

Parliamentary service means employment under the Parliamentary Service Act 1999.

Partner means a spouse, former spouse, de facto partner or former de facto partner.

Part-time employee means an employee whose ordinary hours are less than 36 hours and 
45 minutes per week in accordance with this Agreement.

President means the President of the Australian Human Rights Commission appointed under 
s 8A of the Australian Human Rights Commission Act 1986, or the President’s delegate.

Primary caregiver for the purposes of the parental leave clause means a pregnant employee 
with an entitlement under the ML Act, or an employee other than a casual employee who has 
primary care responsibility for a child who is born to them or who is adopted or in long-term 
foster care as per the clauses on adoption and long-term foster care in this Agreement.

PS Act means the Public Service Act 1999 as amended from time to time.

Registered Health Practitioner a person who is registered or licenced as a health practitioner 
(or a health practitioner of a particular type) under a law of a State or Territory. Australian 
Health Practitioner Regulation Agency - Register of practitioners (ahpra.gov.au).

Relevant employee means an affected employee.

Salary is the employee’s rate of pay (in accordance with the salary/pay rates at Attachment A 
– Base Salaries) for all purposes. Specifically, where salary sacrifice arrangements (and 
purchased leave options, or other relevant arrangements) are in place, the employee’s salary 
for purposes of superannuation, severance and termination payments will be determined as if 
the salary sacrifice (or other) arrangement had not been entered into.

Secondary caregiver for the purposes of the parental leave clause means an employee, other 
than a pregnant employee or casual employee, who has secondary care responsibility for a 
child who is born to them, or for a child who is adopted or in long-term foster care as per the 
clauses on adoption and long-term foster care in this Agreement.

SES means Senior Executive Service.

Enterprise Agreement 2024–2027






https://www.ahpra.gov.au/Registration/Registers-of-Practitioners.aspx
https://www.ahpra.gov.au/Registration/Registers-of-Practitioners.aspx


Section 2: Remuneration

Salary
22. Salary rates will be as set out in Attachment A – Base salaries of this Agreement.

23. The base salary rates in Attachment A – Base salaries include the following increases:

a) 4.0 per cent from the first full pay period on or after 1 March 2024 (the 14 March 2024);

b) 3.8 per cent from the first full pay period on or after 1 March 2025 (the 13 March 2025); 
and

c) 3.4 per cent from the first full pay period on or after 1 March 2026 (the 12 March 2026).

24. In recognition of a common alignment date of the first full pay period on or after 1 March 
each year, the base salary rates in Attachment A – Base salaries were calculated based on 
base salary rates as at 31 August 2023.

Payment of salary
25. Employees will be paid fortnightly in arrears by electronic funds transfer into a financial institution 

account of the employee’s choice, based on their annual salary using the following formula:

 Fortnightly salary = 
313

Annual salary x 12
 

Note: This formula is designed to achieve a consistent fortnightly pay rate without significant 
variability year-to-year. It reflects that the calendar year is not neatly divisible into 26 
fortnightly periods. There are 313 fortnightly pay cycles within a 12-year period.

Salary setting
26. The range of duties assigned to each position, and the employees engaged to perform them, 

shall be allocated an approved APS classification within the classification structure included in 
Attachment A – Base Salaries.

27. Where an employee is engaged, moves to, or is promoted in the Commission, the employee’s 
salary will be paid at the minimum of the salary range of the relevant classification, unless 
the President determines a higher salary within the relevant salary range under these salary 
setting clauses.

28. The President may determine the payment of salary at a higher value within the relevant 
salary range of the relevant classification and the date of effect at any time. The President 
may authorise payment above the maximum point of the salary range, where immediately 
prior to commencing with the Commission, the employee was in receipt of salary above the 
maximum point in the current salary range.

29. In determining a salary under these provisions, the President will have regard to a range 
of factors (as relevant) including the employee’s experience, qualifications, skills, market 
considerations and equity with other employees.

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14

30. Where an employee commences ongoing employment in the Commission immediately 
following a period of non-ongoing employment in the Commission, for a specified term or 
task, the President will determine the payment of the employee’s salary within the relevant 
salary range of the relevant classification which recognises the employee’s prior service as a 
non-ongoing employee in the Commission.

31. Where an employee commences ongoing employment in the Commission immediately 
following a period of casual employment in the Commission, the President will determine 
the payment of salary within the relevant salary range of the relevant classification which 
recognises the employee’s prior service as a casual employee in the Commission.

32. Where an APS employee moves to the Commission at level from another APS agency, and 
their salary is above the maximum of the salary range for their classification, the President will 
maintain the employee’s salary at that level, until it is absorbed into the salary range for that 
classification.

33. Where the President determines that an employee’s salary has been incorrectly set at an 
incorrect salary point within the applicable salary range, the President may determine in 
writing the correct salary and the date of effect.

34. Where an employee requests in writing to perform work at a lower work value level the 
Commission may determine in writing that the employee shall be paid a rate of salary 
applicable to the lower work value position classification.

Incremental advancement
35. Advancement through the pay points of the employee’s position classification can only 

occur when an employee receives a rating of ‘effective’ or above in their annual performance 
assessment.

36. Consistent eligibility rules for salary progression will include:

a) 6 months of aggregate eligible service in the Commission at or above the relevant 
classification level during the most recent annual performance management cycle. If 
an employee has less than 6 months of aggregate eligible service, the President may 
exercise their discretion to determine a higher salary under the salary setting clause in 
this Agreement.

37. Eligible service for salary progression will include:

a) periods of paid leave and unpaid parental leave;

b) periods of unpaid leave that count as service; and

c) service while employed on a non-ongoing basis.

38. During a period of unpaid parental leave employees will be eligible to advance a maximum of 
one increment, regardless of the length of unpaid parental leave.

39. Employees who are acting at a higher classification, and satisfy other eligibility criteria, will be 
eligible for salary progression at both their substantive and acting classifications.

40. Salary progression while acting at a higher classification, will be retained for future acting 
duties at, or promotion to, that classification regardless of elapsed time.

41. Casual employees will not usually be eligible for incremental advancement.

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Superannuation
42. The Commission will make compulsory employer contributions as required by the applicable 

legislation and fund requirements.

43. Employer superannuation contributions will be paid on behalf of employees during periods of 
paid leave that count as service.

44. The Commission will make employer superannuation contributions to any eligible 
superannuation fund, provided that it accepts payment by fortnightly electronic funds 
transfer (EFT) using a file generated by the Commission’s payroll system.

Method for calculating superannuation salary
45. The Commission will provide an employer contribution of 15.4 per cent of the employee’s 

Fortnightly Contribution Salary (FCS) for employees in the Public Sector Superannuation 
Accumulation Plan (PSSap) and employees in other accumulation superannuation funds.

46. Employer contributions will be made for all employees covered by this Agreement.

47. Employer contributions will not be reduced by any other contributions made through salary 
sacrifice arrangements.

Payment during unpaid parental leave
48. Employer contributions will be paid on periods of unpaid parental leave in accordance with the 

requirements of the PSSap fund where the employee is a member of the PSSap, and up to a 
maximum of 52 weeks where the employee is a member of an accumulation fund other than PSSap.

Overpayments
49. An overpayment occurs if the President (or the Commission) provides an employee with 

an amount of money to which the employee was not entitled (including but not limited to 
salary, entitlements, allowances, travel payment and/or other amount payable under this 
Agreement).

50. Where the President considers that an overpayment has occurred, the President will provide 
the employee with notice in writing. The notice will provide details of the overpayment.

51. If an employee disagrees that there has been an overpayment including the amount of the 
overpayment, they will advise the President in writing within 28 calendar days of receiving 
the notice. In this event, no further action will be taken until the employee’s response has 
been reviewed.

52. If after considering the employee’s response (if any), the President confirms that an 
overpayment has occurred, the overpayment will be treated as a debt to the Commonwealth 
that must be repaid to the Commission in full by the employee.

53. The President and the employee will discuss a suitable recovery arrangement. A recovery 
arrangement will take into account the nature and amount of the debt, the employee’s 
circumstances and any potential hardship to the employee. The arrangement will be 
documented in writing.

54. The Commission and employee may agree to make a deduction from final monies where there 
is an outstanding payment upon cessation of employment.

55. Interest will not be charged on overpayments.

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16

56. Nothing in clauses 49 to 55 prevents:

a) the Commission from pursuing recovery of the debt in accordance with an Accountable 
Authority Instruction issued under the Public Governance, Performance and 
Accountability Act 2013;

b) the Commission from pursuing recovery of the debt through other available legal 
avenues; or

c) the employee or the Commission from seeking approval to waive the debt under the 
Public Governance, Performance and Accountability Act 2013.

Supported Wage System
57. An employee engaged by the Commission eligible for the Supported Wage System may be 

paid a percentage of the relevant pay rate for their classification in line with their assessed 
capacity to do the work if they:

a) have a disability;

b) meet the criteria for a Disability Support Pension; and

c) are unable to perform duties to the capacity required.

58. Specific conditions relating to the supported wage system are detailed in Attachment B – 
Supported Wage System.

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Section 3: Allowances and 
reimbursements

Higher duties allowance
59. Where a role needs to be filled for 1 or more working weeks, higher duties allowance 

(pro-rated for partial or part-time duties) will be paid to any employee temporarily occupying 
the role acting at a classification level higher than their substantive classification level.

60. The President may shorten the qualifying period for higher duties allowance on a 
case-by-case basis, having regard to the operational nature of the position and/or operational 
requirements of the section.

61. Higher duties allowance will be equal to the difference between the employee’s current salary 
and the salary that would be payable if they were promoted to the higher classification level 
with the remuneration at the minimum rate applicable to the higher classification, or a higher 
amount determined by the President.

62. Where an employee is assigned only part of the higher duties, the President will determine 
the amount of allowance payable.

63. Higher duties allowance will be payable while an employee is acting at a higher classification 
level as part of a job-sharing arrangement where the duration of the arrangement is at least 
1 working week.

64. Where an employee is found to be eligible for salary progression at their acting classification 
level they will receive an appropriate increase in the rate of higher duties allowance, subject 
to clause 39. The employee’s salary level will be retained for all future periods of acting 
regardless of elapsed time.

65. An employee temporarily assigned duties at a higher classification level shall be entitled to 
receive the rate applicable for the higher classification position during a period of paid leave 
or public holidays provided that the employee would have received the rate applicable for the 
higher classification position if the employee had not been absent from the workplace for the 
period of the paid leave or the public holiday.

66. Where non-Senior Executive Service employees are acting in or temporarily assigned duties 
in Senior Executive Service roles, the allowance payable will be determined by the President.

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18

Workplace responsibility allowances
67. A workplace responsibility allowance will be paid where the Commission has appointed or 

elected an employee to one of the following roles:

a) First Aid Officer;

b) Mental Health First Aid Officer;

c) Health and Safety Representative;

d) Fire and Emergency Warden; and

e) Wellbeing and Respect Officer.

68. An employee is not to receive more than one workplace responsibility allowance unless 
approved in writing by the President due to operational requirements.

69. As a salary-related allowance, this value will continue to be increased in line with headline 
wage increases. This will be applicable for the duration of this Agreement.

70. The full allowance is payable regardless of flexible work and part-time arrangements.

71. An employee’s physical availability to undertake the role will be considered by agencies when 
appointing and reappointing employees to these roles. This is noting that not all workplace 
responsibility roles will necessarily require a physical presence in the workplace for the role 
to be successfully undertaken, such as Wellbeing and Respect Officers and Health and Safety 
Representatives depending on work group arrangements.

72. Payment of workplace responsibility allowances will be conditional on the employee 
obtaining the required certification, completion of nominated training courses as determined 
by the Commission and attendance at the meetings and activities in relation to the nominated 
workplace responsibility role.

73. The cost of obtaining and maintaining relevant training, accreditation and qualifications will 
be covered by the Commission. Participation in activities required for any of the appointed or 
elected roles will be considered work time.

74. Casual employees who are eligible to receive a workplace responsibility allowance will be paid 
the full amount (noting the minimum rate), as varied from time to time.

75. The rates will be:

Workplace Responsibility 
Allowance

Rate from 
commencement 

of the Agreement
($ per fortnight)

Rate from 
13 March 2025

($ per fortnight)
(+3 .8%)

Rate from 
12 March 2026

($ per fortnight)
(+3 .4%)

First Aid Officer $45.47 $47.20 $48.80

Mental Health First Aid Officer $30.51 $31.67 $32.75

Health and Safety Representative $30.51 $31.67 $32.75

Fire and Emergency Warden $30.51 $31.67 $32.75

Wellbeing and Respect Officer $30.51 $31.67 $32.75

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Community language allowance
76. A community language allowance will be paid where the President determines that an 

employee is regularly required to use their ability to communicate in Braille or a language 
other than English (including First Nations languages and AUSLAN) in the course of their 
work, and the employee meets the required level of competency set by the President. 
Further information is included in policy.

77. The allowance is paid in accordance with the employee’s level of competency:

Table 1: Community language allowance rates

Rate Standard

Rate from 
commencement 
of the Agreement

Rate from 
13 March 2025
($ per fortnight)
(+3.8%)

Rate from 
12 March 2026
($ per fortnight)
(+3.4%)

1 An employee who has adequate 
language skills, as determined by 
an individual or body approved 
by the President, for simple 
communication.

$1,435 
per annum

$1,490 
per annum

$1,541 
per annum

2 An employee who is certified 
by the National Accreditation 
Authority for Translators and 
Interpreters (NAATI) as a 
Translator or Interpreter at any 
level; or is assessed to be at the 
equivalent level by an individual or 
body approved by the President.

$2,870 
per annum

$2,979 
per annum

$3,080 
per annum

78. The allowance is calculated annually and paid fortnightly.

79. The full allowance is payable regardless of flexible work and part-time arrangements.

80. The allowance is payable during periods of paid leave.

81. The allowance counts as salary for superannuation purposes and for calculating retirement 
and redundancy entitlements.

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20

Section 4: Classifications and 
broadbands

Entry level programs/Graduates
82. The Commission may engage employees on entry-level programs such as the Graduate 

program or established APS wide programs, in accordance with the terms of the relevant 
program and as set out in the employment offer.

83. Graduates will be engaged by the President at an APS3/APS4 classification level, having 
regard to the participant’s qualifications, work experience, skills and the program the 
employee is undertaking.

84. Entry level employees are required to undertake the program and course of training 
determined by the Commission and complete the specific requirements of the nominated 
entry level program.

85. On successful completion of the program, employees will be advanced through the 
nominated broadband as set out in the letter of offer.

86. Advancement will be subject to:

a) all training and program requirements have been satisfactorily met;

b) employee has the necessary skill and proficiency;

c) performance rating of ‘effective’ or above; and

d) sufficient work is available at the higher classification level.

Broadband
87. The Commission may approve the movement from APS1 to APS2 and APS3 to APS4 in a 

broadband, following a performance rating of ‘effective’ or above where the employee has 
the necessary skill and proficiency, and subject to work availability.

Work Level Standards
88. The APS Work Level Standards continue to operate and describe the work at each of the 

classification levels in this Agreement, consistent with the Public Service Classification Rules 
2000, made in accordance with section 23 of the PS Act.

89. The range of duties assigned to each position, and the employees engaged to perform them, 
shall be allocated an approved APS classification within the classification structure included 
in Attachment A – Base Salaries.

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Section 5: Working hours and 
arrangements

Job security

Commitment to ongoing employment and rebuilding APS capacity
90. The APS is a career-based public service. In its engagement decisions, the Commission 

recognises that the usual basis for engagement is as an ongoing APS employee.

Reporting
91. Where a consultative committee is in place, the Commission will report to the Commission’s 

consultative committee on an annual basis, or more frequently if agreed, on the number, 
duration, classification and location of ongoing, non-ongoing and casual employees engaged 
by the Commission.

Pathways to permanency
92. The Commission and the APS will comply with the casual conversion provision(s) of the 

FW Act. In addition, the Commission recognises that a proactive approach, including 
regularly reviewing casual and non-ongoing arrangements, is both a fair and efficient 
approach to supporting ongoing employment as the usual form of employment.

Casual (irregular or intermittent) employment
93. A casual (irregular or intermittent) employee is defined in the definitions section.

94. A decision to expand the use of casual employees is subject to Section 10 – Consultation, 
representation and dispute resolution of this Agreement.

95. The Commission will regularly review the working arrangements of casual employees 
to assess if they are genuinely performing irregular or intermittent duties, and report 
de-identified outcomes to the consultative committee, where one is in place.

96. Remuneration for casual employees is on an hourly basis. A casual employee will receive a 
25 per cent loading on the base hourly rate of their classification as set out in this Agreement.

97. The casual loading is paid in lieu of payment for public holidays not worked, notice of 
termination of employment, redundancy benefits and all paid leave entitlements, other than 
leave required by legislation including long service leave in accordance with the Long Service 
Leave (Commonwealth Employees) Act 1976 and leave for family and domestic violence 
support.

98. A casual employee will be engaged for a minimum of 3 hours per engagement or shall be 
paid for a minimum of 3 hours at the appropriate casual rate.

99. A casual employee who is eligible for a Workplace Responsibility Allowance will be paid the 
full amount.

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22

Non-ongoing employment
100. A non-ongoing employee is defined in the definitions section.

101. Non-ongoing employees will generally have the same terms and conditions of employment as 
ongoing employees under this Agreement’s terms, except:

a) personal/carer’s leave accrual at clause 205;

b) redundancy provisions at clause 465, subject to clause 102; and

102. If the non-ongoing employee’s contract is not permitted by section 333E of the FW Act, then 
the redundancy provisions at clause 465 will apply.

103. If the redundancy provisions apply to an employee under clause 102, the Commission must 
adhere to the consultation requirements in Section 10 – Consultation, representation and 
dispute resolution of this Agreement.

Working hours
104. Standard hours: Standard hours of work shall be 147 hours in each four week settlement 

period.

105. Standard hours and Bandwidth: Standard hours shall be worked within the bandwidth of 
7:00 am to 6:30 pm, Monday to Friday. A standard day is 8:30 am to 4:51 pm with an hour for 
lunch between 12:30 pm and 1:30 pm.

106. Notwithstanding clause 105, standard hours may be worked outside of the bandwidth 
stipulated with agreement, where operational requirements may be met and with the 
approval of the President.

107. Core hours: Core hours will be 10:00 am to 12:00 pm and 2:00 pm to 4:00 pm unless varied 
by agreement by an employee and their manager based on operational needs and with the 
approval of the President. Employees shall ordinarily be present at work during core hours.

108. Unpaid meal breaks: An employee must not work for longer than 5 hours without an unpaid 
meal break of a minimum of thirty minutes and no longer than 2 hours.

109. Start and finish times: Start and finish times within the bandwidth are to be determined by 
the Commission, after consultation with the employee. To optimise effective client service, 
managers may require employees (including part-time employees where this is consistent 
with their ordinary hours) to attend at specific times during general business hours of 
8:30 am to 5:00 pm.

110. An employee will not be expected to respond to emails or any other form of communication 
outside of bandwidth hours or agreed working hours, except for the following situations:

a) cases of an emergency or exceptional circumstances that impact the Commission’s 
operations,

b) when the employee is paid an on-call allowance, and;

c) when the communication is related to return from leave, WHS or employee welfare matters.

111. These working hours and arrangements provide employees flexibility to balance work and 
personal obligations subject to operational requirements of the Commission, the need for 
appropriate supervisory arrangements to be in place and Work Health and Safety principles 
observed.

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Flex-time for APS 1–6 classifications
112. Employees classified as APS1–APS6 must record their attendance in the Commission’s 

timekeeping system for manager approval.

113. Employees classified as APS1–APS6 who work more or less than their ordinary hours within 
the standard hours and bandwidth will incur a one-for-one flex credit or debit. Flex-time 
credits will accrue only for time worked within the standard hours and bandwidth or where 
there is an agreement to work outside the bandwidth.

114. A maximum of 4 standard days can be carried over at the conclusion of any settlement 
period and a maximum of 10 hours of flex debit is permitted.

115. Managers are responsible for ensuring that employees do not accrue excessive flex-time 
and, carry over of flex-time balances beyond the settlement period will only be approved 
in exceptional circumstances. Further information can be found in the Commission’s 
Attendance, Flex and Overtime Guidelines.

Executive Level Time Off in Lieu (EL TOIL)
116. Executive level (EL) employees are sometimes required to work reasonable additional hours. 

Consistent with the NES, employees may refuse to work unreasonable additional hours.

117. EL employees seeking to access time off in lieu (TOIL) are required to keep records of their 
working hours using a method determined by the Commission.

118. A manager is to grant TOIL in recognition of reasonable additional hours worked. TOIL 
granted to employees can be taken as whole or part days. Further information can be referred 
to in the Commission’s TOIL Guidelines.

119. The working arrangements for an EL employee should be agreed through discussion between 
the manager and the EL employee. The discussion should include consideration of the work 
requirements that will safely get the job done and reasonably allow the employee to balance 
their work and personal life.

120. An EL employee’s working arrangements and actual hours worked should be discussed on at 
least a quarterly basis between the EL employee and their manager.

121. The pattern of hours is to be flexible enough to accommodate short-term peaks and troughs 
in workload, and include expected reasonable additional hours. The agreed pattern of hours is 
to be recorded.

122. Requests from EL employees to access flexible time off which are consistent with their 
agreed working arrangements are to be supported, subject to operational requirements.

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24

Overtime and restriction
123. An employee who may be directed by the Commission to work outside of standard hours 

shall be working overtime and shall be entitled to be paid or to receive time off in lieu in 
accordance with this clause.

124. The hourly rate for overtime payment will be ascertained by applying the following formulae:

Time and a half rate

 313
annual salary

 x x
6

36 ¾
1.5

Double time rate

 313
annual salary

 x x
6

36 ¾
2

Double time and a half rate

 313
annual salary

 x x
6

36 ¾
2.5

125. For the purpose of calculation the formula at clause 124 prescribed weekly hours before 
overtime is payable will be 36 ¾.

126. Payment of overtime will only be approved for Executive Level employees in exceptional 
circumstances. Where the Commission has approved payment to employees at the Executive 
Level 1 or 2, payment shall be made at the maximum rate applicable to an APS6.

127. Where the Commission and an employee agree, time off in lieu of payment for overtime may 
be taken, with the time off accrued at the overtime multiplier, within four weeks or such other 
agreed period from the time of working the overtime. Where the time off is not taken within 
four weeks or such other agreed period then payment for the overtime shall be made.

128. Overtime worked Monday to Saturday will be paid at time and a half for the first 3 hours 
each day and double time thereafter. Overtime worked on a Sunday will be paid at the 
rate of double time. Overtime on a Public Holiday will be paid at time and a half during 
standard hours and double time and a half outside of standard hours as defined in clause 105.

129. An employee who works so much overtime that the employee has not had at least eight 
consecutive hours off duty plus reasonable travelling time:

a) between the termination of the employee’s ordinary duty on any day or shift, and the 
commencement of the employee’s ordinary work on the next day or shift; or

b) on a Saturday, Sunday or a public holiday, not being an ordinary working day, or on a 
rostered day off, in the 24 hours preceding the employee’s ordinary commencing time on 
the employee’s next ordinary day or shift;

will be granted time off under clause 130.

130. An employee who works so much overtime that the employee meets the conditions of 
clause 129 will:

a) be allowed to leave work after such overtime for a period of eight consecutive hours off 
duty, plus reasonable traveling time, and will suffer no loss of pay for ordinary working 
time occurring during the employee’s absence;

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b) provided that if an employee is required to resume or continue work on the specific 
written instruction of the Commission, without having had eight consecutive hours off 
duty plus reasonable travelling time, the employee will be paid at double ordinary time 
rates (for time worked) until the employee has had eight consecutive hours off duty plus 
reasonable traveling time; and

c) suffer no loss of pay for ordinary working time occurring during the employee’s absence.

131. Where an employee is required to perform overtime duty and such duty is not continuous 
with ordinary duty, the minimum overtime payment for each separate overtime attendance 
will be four hours at the prescribed overtime rate.

132. Where more than one attendance is involved, the minimum overtime payment provision will, 
subject to the prescribed minimum payment, not operate to increase an employee’s overtime 
remuneration beyond that to which the employee would have been entitled had the employee 
remained on duty from the commencing time of duty on one attendance to the ceasing time 
of duty on a subsequent attendance.

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

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

135. Where an employee is required to work overtime for periods of three or more hours a meal 
allowance shall be paid in accordance with the ATO Reasonable Allowances rates. Payment 
will be made through the Commission’s payroll system. An additional amount may be paid 
for overtime worked in excess of 10 hours. In exceptional circumstances the delegate may 
consider a further payment.

136. Where an employee agrees or is directed to work overtime the Commission will, subject to 
prior approval of such arrangements including the cost, reimburse reasonable additional 
expenses arising from any additional care arrangements due to the requirement to work 
overtime.

Flexible working arrangements and Work Life Balance
137. The Commission, employees and their union recognise:

a) the importance of an appropriate balance between employees’ personal and working 
lives, and the role flexible working arrangements can play in helping to achieve this 
balance;

b) access to flexible work can support strategies to improve diversity in employment and 
leadership in the APS;

c) access to flexible work supports APS capability, and can assist in attracting and retaining 
the employees needed to deliver for the Australian community, including employees 
located at a wider range of locations;

d) that flexibility applies to all roles in the Commission, and different types of flexible 
working arrangements may be suitable for different types of roles or circumstances; and

e) requests for flexible working arrangements are to be considered on a case-by-case basis, 
with a bias towards approving requests.

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138. The Commission is committed to engaging with employees and their union to build a 
culture that supports flexible working arrangements across the Commission at all levels. 
This may include developing and implementing strategies through a Commission consultative 
committee.

139. Flexible working arrangements include, but are not limited to, changes in hours of work, 
changes in patterns of work and changes in location of work.

Requesting formal flexible working arrangements
140. The following provisions do not diminish an employee’s entitlement under the NES.

141. An employee may make a request for a formal flexible working arrangement.

142. The request must:

a) be in writing;

b) set out details of the change sought (including the type of arrangement sought and the 
proposed period the arrangement will operate for); and

c) set out the reasons for the change, noting the reasons for the change may relate to the 
circumstances set out at section 65(1A) of the FW Act.

143. The President must provide a written response to a request within 21 days of receiving the 
request.

144. The response must:

a) state that the President approves the request and provide the relevant detail in 
clause 145; or

b) if following discussion between the Commission and the employee, the Commission and 
the employee agree to a change to the employee’s working arrangements that differs 
from that set out in the request – set out the agreed change; or

c) state that the President refuses the request and include the following matters:

i) details of the reasons for the refusal; and

ii) set out the Commission particular business grounds for refusing the request, explain 
how those grounds apply to the request; and

iii) either:

a) set out the changes (other than the requested change) in the employee’s 
working arrangements that would accommodate, to any extent, the employee’s 
circumstances outlined in the request and that the Commission would be willing 
to make; or

b) state that there are no such changes; and

iv) state that a decision to refuse the request, or failure to provide a written response 
within 21 days is subject to the dispute resolution procedures of this Agreement, and 
if the employee is an eligible employee under the FW Act, the dispute resolution 
procedures outlined in sections 65B and 65C of the FW Act.

145. Where the President approves the request this will form an arrangement between the 
Commission and the employee. Each arrangement must be in writing and set out:

a) any security and work health and safety requirements;

b) a review date (subject to clause 149); and

c) the cost of establishment (if any).

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146. The President may refuse to approve the request only if:

a) the Commission has discussed the request with the employee; and

b) the Commission has genuinely tried to reach an agreement with the employee about 
making changes to the employee’s working arrangements to accommodate the 
employee’s circumstances (subject to any reasonable business grounds for refusal); and

c) the Commission and the employee have not reached such an agreement; and

d) the Commission has had regard to the consequences of the refusal for the employee; and

e) the refusal is on reasonable business grounds.

147. Reasonable business grounds include, but are not limited to:

a) the new working arrangements requested would be too costly for the Commission;

b) there is no capacity to change the working arrangements of other employees to 
accommodate the new working arrangements requested;

c) it would be impractical to change the working arrangements of other employees, or to 
recruit new employees, to accommodate the new working arrangements requested;

d) the new working arrangements requested would be likely to result in a significant loss in 
efficiency or productivity;

e) the new working arrangements requested would be likely to have a significant negative 
impact on customer service; and

f) it would not be possible to accommodate the working arrangements without significant 
changes to security requirements, or where work health and safety risks cannot be 
mitigated.

148. For First Nations employees, the Commission must consider connection to country and 
cultural obligations in responding to requests for altering the location of work.

149. Approved flexible working arrangements will be reviewed by the Commission and the 
employee after 12 months, or a shorter period, if agreed by the employee. This is to ensure the 
effectiveness of the arrangement.

Varying, pausing or terminating flexible working arrangements
150. An employee may request to vary an approved flexible working arrangement in accordance 

with clause 145. An employee may request to pause or terminate an approved flexible 
working arrangement.

151. The President may vary, pause or terminate an approved flexible working arrangement on 
reasonable business grounds, subject to clause 153.

152. The Commission must provide reasonable notice if varying, pausing or terminating a 
flexible working arrangement without the agreement of the employee, having regard to 
the circumstances of the employee. Exceptions to this requirement are urgent and critical 
operational circumstances or an employee’s demonstrated and repeated failure to comply 
with the agreed arrangements.

153. Prior to the President varying, pausing or terminating the arrangement under clause 151, the 
Commission must have:

a) discussed with the employee their intention to vary, pause or terminate the arrangement 
with the employee;

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28

b) genuinely tried to reach an agreement with the employee about making changes to 
the employee’s working arrangements to accommodate the employee’s circumstances 
(subject to any reasonable business grounds for alteration);

c) had regard to the consequences of the variation, pause or termination for the employee;

d) ensured the variation, pause or termination is on reasonable business grounds; and

e) informed the employee in writing of the variation, pause or termination to the approved 
flexible working arrangement, including details set out in clause 144c.

Working from home
154. The Commission will not impose caps on groups of employees on the time that may be 

approved to work from home or remotely, with each request to be considered on its merits.

155. The Commission may provide equipment necessary for, or reimbursement, for all or part of 
the costs associated with establishing a working from home arrangement.

156. An employee working from home is covered by the same employment conditions as an 
employee working at an office site under this Agreement.

157. The Commission will provide employees with guidance on working from home safely.

158. Employees will not be required by the Commission to work from home unless it is lawful and 
reasonable to do so. This may include where circumstances prevent attendance at an office 
during a pandemic or natural disaster. In these situations, the Commission will consider the 
circumstances of the employees and options to achieve work outcomes safely.

Ad-hoc arrangements
159. Employees may request ad-hoc flexible working arrangements. Ad-hoc arrangements are 

generally one-off or short-term arrangements for circumstances that are not ongoing.

160. Employees should, where practicable, make the request in writing and provide as much notice 
as possible.

161. Requests for ad-hoc arrangements are not subject to the request and approval processes 
detailed in clauses 140–149.

162. The Commission should consider ad-hoc requests on a case-by-case basis, with a bias to 
approving ad-hoc requests, having regard to the employee’s circumstances and reasonable 
business grounds.

163. Where a regular pattern of requests for ad-hoc arrangements from an employee emerges, the 
Commission should consider whether it is appropriate to seek to formalise the arrangement 
with the employee.

Altering span of hours
164. An employee may request to work an alternative regular span of hours (bandwidth 

hours). If approved by the President, hours worked on this basis will be treated as regular 
working hours and will not attract overtime payments. The Commission will not request or 
require that any employee alter their regular span of hours (bandwidth hours) under these 
provisions.

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Employees with caring responsibilities
165. Where the Commission requires employees to be away from home outside bandwidth hours 

(including normal travel time) or to work outside their regular hours managers will approve 
payment or reimbursement of the reasonable costs of additional family care arrangements on 
the production of receipts.

166. To assist employees balance their work and family/personal life responsibilities, workplace 
meetings will not be scheduled before 9 am and will conclude by 4.30 pm unless previously 
agreed. Where possible having regard for operational requirements, meetings will be 
generally scheduled after 10 am.

Retirement transition
167. Employees who have stated an intention to retire from the workforce within 2 years are able 

to participate in a retirement transition arrangement. Financial assistance of up to $500 (in 
total per employee) will be provided for access to retirement seminars and/or superannuation 
and financial advice. Transition arrangements may vary between individuals as both individual 
and operational needs are considered but may include access to part-time work and/or 
changes in work level or responsibilities by agreement.

Range of locations of work
168. The Commission’s office premises are in Sydney. Staff are employed across a number of 

states and territories based on individual arrangements, aligned to operational requirements 
of the Commission.

Part-time work
169. All applications for part-time work must be in writing. All requests will be considered in line 

with the principles set out in the Flexible work arrangements and Work Life Balance section 
of this Agreement.

170. A part-time employee shall accrue all entitlements under this Agreement, other than 
entitlements to reimbursement and expense related allowances, on a pro-rata basis.

171. Proposals for part-time work may be initiated by managers, in consideration of an employee’s 
health and wellbeing.

172. Employees engaged on a full-time basis will not be compelled to convert to part-time employment.

173. Employees engaged on a part-time basis will not be compelled to convert to full-time employment.

Christmas closedown
174. The Commission will close its normal operations from close of business on the last working 

day before Christmas, with business resuming on the first working day after New Year’s Day.

175. Employees will be provided with time off for the working days between Christmas and 
New Year’s Day and will be paid in accordance with their ordinary hours of work. Where 
an employee is absent on leave, payment for the Christmas closedown provision will be in 
accordance with the entitlement for that form of leave, (e.g. if on long service leave on half 
pay, payment is on half pay).

176. No deductions from annual or personal/carer’s leave credits for the closedown period will be made.

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Public holidays
177. Employees are entitled to the following holidays each year as observed at their normal work 

location in accordance with the FW Act:

a) 1 January (New Year’s Day);

b) 26 January (Australia Day);

c) Good Friday and the following Monday (Easter Monday);

d) 25 April (Anzac Day);

e) the King’s birthday holiday (on the day on which it is celebrated in a State or Territory or 
a region of a State or Territory);

f) 25 December (Christmas Day);

g) 26 December (Boxing Day); and

h) any other day, or part day, declared or prescribed by or under a law of a State or 
Territory to be observed generally within the State or Territory, or a region of the State 
or Territory, as a public holiday, other than a day or part day, or a kind of day or part day, 
that is excluded by the Fair Work Regulations 2009 from counting as a public holiday.

178. If a public holiday falls on a Saturday or Sunday, and if under a State or Territory law, a day or 
part day is substituted for one of the public holidays listed above, then the substituted day 
or part day is the public holiday.

179. The President and an employee may agree on the substitution of a day or part day that would 
otherwise be a public holiday, having regard to operational requirements.

180. The President and an employee may agree to substitute a cultural or religious day of 
significance to the employee for any day that is a prescribed holiday. If the employee cannot 
work on the prescribed holiday, the employee will be required to work make-up time at times 
to be agreed. This substitution does not impact or reduce an employee’s entitlement to 
First Nations ceremonial leave, NAIDOC leave or cultural leave.

181. Where an employee substitutes a public holiday for another day, they will not be paid penalty 
rates for working their normal hours on the public holiday.

182. Where a public holiday falls during a period when an employee is absent on leave (other than 
annual leave, paid personal/carer’s leave or defence service sick leave) there is no entitlement 
to receive payment as a public holiday. Payment for that day will be in accordance with the 
entitlement for that form of leave (e.g. if on long service leave on half pay, payment is at half pay).

183. If under a law of a State or Territory every Sunday is declared or prescribed by or under that 
law to be a public holiday, there is no entitlement to receive payment as a public holiday if 
the employee would have worked, or does perform work, on that day. In these circumstances, 
payment will only be made at the public holiday rate if the employee performs work on that 
day, and the Sunday would otherwise be a public holiday under clause 177.

184. An employee who is absent on a day or part day that is a public holiday in their normal work 
location, is entitled to be paid for the part or full day absence as if that day or part day was 
not a public holiday, except where that person would not normally have worked on that day.

185. Where a full-time employee, including but not limited to employees on compressed hours, has a 
regular planned day off which would fall on a public holiday, the President may allow the employee 
to change their planned day off so that it does not fall on a public holiday. If it is not possible 
to change their planned day off, the employee will be credited an equivalent amount of time to 
their regular hours for the day in flex credits or EL TOIL in recognition of their planned day off.

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Section 6: Leave

Annual leave
186. Full-time employees (other than casual employees) are entitled to 4 weeks (20 days) paid 

annual leave per completed year of service, accruing daily and credited on a monthly basis. 
Annual leave for part-time employees accrues on a pro-rata basis.

187. A pro-rata accrual of annual leave may be accessed prior to the completion of a year of 
service (e.g. an employee with six months completed service may apply for and be granted 
10 days of annual leave).

188. Annual leave may be taken at half pay. However, unless approved by the President (or 
delegate), it may not be taken at half pay where the employee has an excessive leave balance.

189. Annual leave shall be taken at such time or times and in such a period or periods as may 
be agreed between the employee and the employee’s manager subject to operational 
requirements. Annual leave will not be prepaid.

190. Employees are encouraged to take their annual leave in the year of accrual and are expected 
to take at least two weeks per annum.

191. Employees with annual leave in excess of six weeks (pro-rata for part-time employees) may 
be directed to take leave until the excess credit is cleared.

192. Where annual leave is cancelled or the employee is recalled to duty, the employee will be 
reimbursed travel costs not recoverable from insurance or other sources. Evidence of costs 
may be required.

193. Cash out of Annual Leave: An employer and an employee may agree to the employee 
cashing out an amount of the employee’s accrued paid annual leave subject to:

a) paid annual leave not cashed out if the cashing out would result in the employee’s 
remaining accrued entitlement to paid annual leave being less than 4 weeks;

b) each cashing out of an agreed amount of paid annual leave must be by a separate 
agreement in writing between the employee and the employee’s manager; and

c) the employee must be paid at least the full amount that would have been payable to the 
employee had the employee taken the leave that the employee has not taken.

194. Employees will receive payment in lieu of any untaken annual leave upon separation from 
the APS.

Purchased leave
195. An employee may, with the approval of the President, purchase from one to six additional 

weeks of leave from the Commission. Further information on application requirements can be 
referred to in the Commissions’ Purchased Leave Policy.

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Personal/carer’s leave
196. Personal/carer’s leave may be taken:

a) due to personal illness or injury;

b) to attend appointments with a Registered Health Practitioner;

c) to manage a chronic condition; and/or

d) to provide care or support for a family member (including a household member) or a 
person they have caring responsibilities for, because of:

i) a personal illness or injury affecting the person; or

ii) an unexpected emergency affecting the other person.

197. Carer’s leave may be taken to care for a person that the employee has caring responsibilities 
for. A person that an employee has caring responsibilities for may include a person who 
needs care because they:

a) have a medical condition, including when they are in hospital;

b) have a mental illness;

c) have a disability;

d) are frail or aged; and/or

e) are a child, not limited to a child of the employee.

198. An employee will be entitled to 18 days of paid personal/carer’s leave per annum (pro-rata for 
part-time employees).

199. Personal/carer’s leave at half pay may be approved by the President.

200. A casual employee may be absent without pay when not fit for work due to personal illness 
or injury. A casual employee may access 2 days unpaid carer’s leave per occasion, consistent 
with the NES.

201. Absences from the workplace on account of illness for a period below one day may be taken 
as flex-time, where flex-time arrangements apply and credits are available.

202. An employee in receipt of compensation for more than 45 weeks will accrue personal/carer’s 
leave on the basis of the hours actually worked.

203. Unused personal/carer’s leave will accumulate from year to year but will not be paid out on 
separation.

Accrual of personal/carer’s leave from commencement of the agreement
204. An ongoing employee shall be entitled to 18 days paid personal/carer’s leave upon 

engagement and shall accumulate 18 days paid personal/carer’s leave per completed year of 
service.

205. A non-ongoing employee shall accumulate paid personal/carer’s leave progressively with 
1.5 days accruing progressively, for each month of employment.

206. If a non-ongoing employee is then engaged on an ongoing basis, they shall be credited 
with a full entitlement to personal/carer’s leave as if they had accrued from the date of their 
commencement in the Commission less any leave already taken.

207. An employee in receipt of compensation for more than 45 weeks will accrue personal/carer’s 
leave on the basis of the hours actually worked.

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Accrual of personal/carer’s leave post transitional arrangement
208. The Commission will implement accrual methods outlined in clauses 209 and 210 by 

1 January 2026

209. For an ongoing employee, 18 days personal/carer’s leave will be credited upon the employee’s 
commencement with the APS. After 12 months, the employee’s leave will accrue daily, 
credited at least monthly.

210. For a non-ongoing employee, the personal/carer’s leave will be credited upon the employee’s 
commencement with the Commission. This will be 18 days leave pro-rated based on the 
employee’s initial contract period and is capped at 18 days. After the initial contract period 
or 12 months, whichever is shorter, or where the employee has an existing entitlement to 
personal/carer’s leave, leave will accrue daily, credited at least monthly.

Transitional arrangements
211. Where an employee:

a) has, or cares for someone with, a chronic condition or other ongoing illness; or

b) is recovering from surgery; or

c) is pregnant; or

d) is returning from parental leave or has a child commencing day care;

and, as a result of the transition to daily accrual of personal/carer’s leave, does not have 
sufficient credit to cover an absence for which they would otherwise be able to take 
personal/carer’s leave, the President will advance the employee’s accrual up to the 12-month 
anniversary when their leave would otherwise be credited.

Documentary Evidence
212. Evidence may be requested to accompany an application for personal/carer’s leave for a 

period of more than three consecutive days. Acceptable evidence includes: a certificate from 
a Registered Health Practitioner, a statutory declaration made by the employee or any other 
form of evidence approved by the President.

213. There will be no requirement to produce a certificate to support an application for personal/
carer’s leave (less than four days) for the first 15 days taken in any accrual year. The President 
may request the employee to provide a certificate from a Registered Health Practitioner, a 
statutory declaration made by the employee or any other form of evidence approved by the 
President when any future absence on personal/carer’s leave occurs.

214. A certificate from a Registered Health Practitioner may be used as evidence of a chronic 
condition for up to 12 months for both personal and carer’s leave.

Notification of personal/carer’s leave
215. An employee absent from the workplace when intending to access personal/carer’s leave 

shall take reasonable steps to inform (by an agreed method) their manager as soon as 
reasonably practicable.

Invalidity
216. An employee will not, without the employee’s consent, be retired on invalidity grounds before 

the employee’s paid personal leave credit has expired except as otherwise provided by 
legislation.

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Portability of leave
217. Where an employee moves into the Commission from another APS agency where they were 

an ongoing employee, the employee’s unused accrued annual leave and personal/carer’s 
leave will be transferred, provided there is no break in continuity of service.

218. Where an employee is engaged in the Commission immediately following a period of ongoing 
employment in the Parliamentary Service or the ACT Government Service, the employee’s 
unused accrued annual leave and personal/carer’s leave will be recognised unless the 
employee received payment in lieu of those entitlements on cessation of employment.

219. Where an employee is engaged as an ongoing employee in the Commission, and immediately 
prior to the engagement the person was employed as a non-ongoing APS employee 
(whether in the agency or another), at the employee’s request, any unused accrued annual 
leave (excluding accrued leave paid out on separation) and personal/carer’s leave will be 
recognised.

220. Where an employee is engaged as a non-ongoing APS employee, and immediately prior to 
the engagement the person was employed as a non-ongoing APS employee (whether in the 
agency or another) at the employee’s request, any unused accrued annual leave (excluding 
accrued leave paid out on termination of employment) and personal/carer’s leave will be 
recognised.

221. Where an employee is engaged as an ongoing employee in the Commission, and immediately 
prior to the engagement the person was employed by a Commonwealth employer (other than 
in the Parliamentary Service which are covered in clause 218), the President will recognise any 
unused accrued personal/carer’s leave at the employee’s request. The President will advise 
the employee of their ability to make this request.

222. Where an employee is engaged as an ongoing employee in the Commission, and immediately 
prior to the engagement the person was employed by a State or Territory Government, the 
President may recognise any unused accrued personal/carer’s leave, provided there is not a 
break in continuity of service.

223. For the purposes of clauses 217 to 222, an employee with a break in service of less than 
2 months is considered to have continuity of service.

Re-crediting of leave
224. When an employee is on:

a) annual leave;

b) purchased leave;

c) defence reservist leave;

d) First Nations ceremonial leave;

e) NAIDOC leave;

f) cultural leave; or

g) long service leave; and

becomes eligible for, under legislation or this Agreement:

a) personal/carer’s leave;

b) compassionate or bereavement leave;

c) jury duty;

d) emergency services leave;

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e) leave to attend to family and domestic violence circumstances; or

f) parental leave, premature birth leave, stillbirth leave or pregnancy loss leave;

the affected period of leave will be re-credited.

225. When an employee is on personal/carer’s leave and becomes eligible for parental leave, 
premature birth leave, stillbirth leave or pregnancy loss leave, the affected period of leave will 
be re-credited.

226. Re-crediting is subject to appropriate evidence of eligibility for the substituted leave.

Long service leave
227. An employee is eligible for long service leave in accordance with the Long Service Leave 

(Commonwealth Employees) Act 1976.

228. The minimum period for which long service leave will be granted is 7 calendar days (whether 
taken at full or half pay). Long service leave cannot be broken with other periods of leave, 
except as otherwise provided by legislation or provided for in the re-crediting of leave clause 
at 226 of this Agreement.

Miscellaneous leave
229. Miscellaneous leave may be granted with or without pay for an appropriate purpose that is 

not provided for elsewhere in this Agreement. The President will consider requests in line with 
the supporting evidence provided by the employee. Further information can be found in the 
Commission’s Miscellaneous Leave Policy.

230. Miscellaneous leave may be granted by the President for a number of purposes including but 
not limited to: management of a disability, gender affirmation, workplace relations training or 
where other leave entitlements are exhausted.

231. A casual employee may be provided with paid miscellaneous leave for the purposes of family 
and domestic violence support and otherwise by Government directive.

232. The President may refuse an employee’s request for miscellaneous leave and will provide a 
response in writing within 21 days the reasons for any refusal of the request.

Cultural, ceremonial and NAIDOC leave

NAIDOC leave
233. First Nations employees may access up to one day of paid leave per calendar year to 

participate in NAIDOC week activities. The President may provide additional paid leave for 
this purpose.

234. NAIDOC leave can be taken in part days.

First Nations ceremonial leave
235. First Nations employees may access up to 6 days of paid leave over 2 calendar years to 

participate in significant activities associated with their culture or to fulfil ceremonial obligations.

236. The President may approve additional leave for cultural or ceremonial purposes as 
miscellaneous leave, with or without pay.

237. First Nations ceremonial leave can be taken as part days.

238. First Nations ceremonial leave is in addition to compassionate and bereavement leave.

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Cultural leave
239. The President may grant up to 3 days of paid leave per calendar year for the purpose 

of attending significant religious or cultural obligations associated with the employees’ 
particular faith or culture.

240. The President may approve additional leave for cultural purposes as miscellaneous leave, with 
or without pay.

241. Cultural leave can be taken as part days.

242. For the avoidance of doubt, this leave does not cover cultural purposes or obligations which 
are eligible for paid leave under clause 235.

Parental leave
243. A primary caregiver, secondary caregiver and ML Act is defined in the definitions section.

244. An employee who is a primary caregiver or secondary caregiver is entitled to parental leave 
up until 24 months from the date of the child’s birth or placement (parental leave period). 
For the avoidance of doubt, this is inclusive of all legislated leave entitlements. The parental 
leave period does not extend non-ongoing employment where the employment period 
remaining is less than 24 months. An employee is only eligible for parental leave with pay as 
either a primary caregiver or a secondary caregiver for the particular parental leave period, 
and cannot switch roles for the purpose of accessing additional paid leave.

245. For the pregnant employee, the parental leave period starts on commencement of maternity 
leave as per ML Act requirements, and ceases 24 months from the date of birth. Medical 
certification requirements for the pregnant employee will be as required by the ML Act.

246. Conditions in this Agreement will continue to apply in circumstances where successor 
legislation to the ML Act does not provide parental leave conditions included in this 
Agreement.

Payment during parental leave
247. An employee is entitled to parental leave with pay as per clauses 249 and 250 within the 

parental leave period. Any further parental leave during the parental leave period is without 
pay. Unused paid parental leave remaining at the end of the employee’s parental leave 
period will lapse. An employee may choose to use their accrued paid leave entitlements in 
accordance with usage and eligibility requirements in this Agreement during the parental 
leave period that would otherwise be without pay.

248. Employees newly engaged in the Commission or who have moved to the Commission from 
another APS agency are eligible for the paid parental leave in clauses 249 and 250 where 
such paid leave had not already been provided by another APS agency or Commonwealth 
employer in the 24 months since the child’s date of birth or placement. If the paid leave used 
by the employee with the previous Commonwealth employer or APS agency is less than the 
limits specified in clauses 249 and 250, the balance is available to the employee.

249. An employee who is a primary caregiver is entitled to parental leave with pay during the 
parental leave period to a maximum of 18 weeks as provided in Table 2 below.

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Table 2: Primary caregivers – circumstances for paid parental leave

Paid leave entitlement under the ML Act
Additional parental leave with pay under this 
Agreement for the primary caregiver

12 weeks’ paid maternity leave, including any 
reduced paid maternity leave period due to ML 
Act qualifying period rules

Paid leave to bring the total period of paid 
parental leave to 18 weeks.

No ML Act eligibility or coverage 18 weeks

250. An employee who is a secondary caregiver is entitled to parental leave with pay during the 
parental leave period as provided in Table 3 below.

Table 3: Secondary caregivers – circumstances for paid parental leave

Period which coincides with the parental 
leave period for the secondary caregiver Parental Leave with pay under this Agreement

Date of commencement of this Agreement to 
28 February 2025

8 weeks, or top up to 8 weeks where a lesser period of 
parental leave has already been provided

1 March 2025 to 28 February 2026 11 weeks, or top up to 11 weeks where a lesser period 
of parental leave has already been provided

1 March 2026 to 27 February 2027 14 weeks, or top up to 14 weeks where a lesser period 
of parental leave has already been provided

On and from 28 February 2027 18 weeks, or top up to 18 weeks where a lesser period 
of parental leave has already been provided

251. Flexibility: Parental leave with pay, whether provided as maternity leave under the ML Act or 
under this Agreement, can be accessed flexibly during the parental leave period and does not 
have to be taken in a single block. For the avoidance of doubt, parental leave can be used to 
replicate a part time work arrangement, and can be taken concurrently with another parent in 
relation to the same child.

252. Rate of payment during paid parental leave is the same as for an absence on personal/carer’s 
leave and based on the employee’s weekly hours at the time of the absence.

253. Half-pay option: The payment of any paid parental leave may be spread over a maximum 
period of 36 weeks at the rate of, no less than, half the normal rate of salary. All paid parental 
leave counts as service for all purposes, where permitted by legislation.

Adoption and long-term foster care
254. An employee who is a primary caregiver or secondary caregiver is entitled to parental leave 

in accordance with this Agreement for adoption or long-term foster care, provided that the 
child:

a) is under 16 as at the day (or expected day) of placement;

b) has not lived continuously with the employee for a period of six months or more as at the 
day (or expected day) of placement; and

c) is not (otherwise than because of the adoption) a child of the employee or the 
employee’s spouse or de facto partner.

255. Documentary evidence of approval for adoption or enduring parental responsibilities under 
formal fostering arrangements must be submitted when applying for parental leave for 
adoption or long-term foster carer purposes.

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Stillbirth
256. Parents of a stillborn child remain eligible for parental leave, except for paid leave for the 

secondary caregiver which is two weeks.

257. A stillborn child is a child:

a) who weighs at least 400 g at delivery or whose period of gestation was 20 weeks or 
more; and

b) who has not breathed since delivery; and

c) whose heart has not beaten since delivery.

Pregnancy loss leave
258. A pregnant employee who experiences, or an employee whose spouse or partner 

experiences, pregnancy loss is entitled to one weeks’ paid leave. Pregnancy loss is a 
miscarriage or other loss of pregnancy that occurs between 12 and 20 weeks’ gestation that 
is not a stillbirth.

259. Pregnancy loss leave is in addition to entitlements to compassionate leave for miscarriage 
provided under the FW Act and this Agreement.

Premature birth leave
260. In circumstances of a live birth before 37 weeks’ gestation a pregnant employee, or 

an employee whose spouse or partner has given birth prematurely, is entitled to paid 
premature birth leave from the date of the child’s birth up to just before 37 weeks’ gestation. 
Parental leave with pay is then available from what would have been 37 weeks’ gestation 
in accordance with Parental leave in this Agreement, noting the parental leave period 
commences on the child’s date of birth.

Transitional provisions
261. Employees eligible for paid leave under the ML Act are required under legislation to use 

their paid maternity leave first. In this circumstance, the employee may postpone their paid 
premature birth leave otherwise payable under clause 260 until after the legislated paid 
maternity leave is used.

Compassionate leave
262. Employees will be eligible for 3 days paid compassionate leave on each occasion when:

a) a member of their family (including a member of their household) or someone they have 
a close personal relationship with contracts, develops or sustains a life-threatening illness 
or injury; or

b) the employee or their partner has a miscarriage.

263. An employee may be asked to provide evidence to support their absences on compassionate 
leave.

264. Compassionate leave for an occasion may be taken as 3 consecutive days or in separate 
periods totalling 3 days. This can include part days.

265. For casual employees, compassionate leave is unpaid.

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Bereavement leave
266. Employees will be eligible for 3 days paid bereavement leave on each occasion when:

a) a member of their family (including a member of their household) or someone they had a 
close personal relationship with dies; or

b) a child is stillborn, where the child was a member of their family (including a member of 
their household).

267. An employee may be asked to provide evidence to support their absences on bereavement 
leave.

268. Bereavement leave for an occasion may be taken as 3 consecutive days or in separate periods 
totalling 3 days. This can include part days.

269. For casual employees, bereavement leave is unpaid.

Elder and Disability Carer’s leave
270. An employee with 12 months of continuous service may request unpaid discretionary leave of 

up to 12 months to provide care or support to:

a) an elderly parent;

b) a child with disability;

c) a family member with high support needs,

where there is a requirement for ongoing care or support.

Moving house leave
271. One day paid leave per annum may be granted by the President for the purpose of moving 

house.

Sabbatical leave/Career break
272. Employees will be eligible to apply for a three-month unpaid sabbatical/career break 

leave after they have been employed for five years and for a further three months unpaid 
sabbatical/career break leave period for each subsequent 5 year period. The three-month 
period is in calendar days and will be non-cumulative.

273. The President may approve all periods of sabbatical/career break leave, subject to operational 
requirements and the negotiation of a mutually agreeable period of leave/absence.

274. Where the sabbatical/career break leave is of direct benefit to the work of the Commission 
and the career development of the employee it will count as service unless otherwise 
required by legislation.

Emergency response leave
275. In line with section 108 of the FW Act, an employee who engages in an eligible community 

service activity is entitled to emergency response leave to volunteer for emergency 
management duties for:

a) the time engaged in the activity;

b) reasonable travelling time; and

c) reasonable recovery time.

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40

276. Full-time and part-time employees will be able to access 20 working days of paid emergency 
response leave at their full rate of pay per year if required. The President may provide 
additional emergency response leave with pay.

a) For the purpose of this clause, full rate of pay is to be as if the employee was at work.

277. Paid leave may be refused where the employee’s role is essential to the Commission response 
to the emergency.

278. An employee must provide evidence that the organisation requests their services. Employees 
can provide evidence before or as soon as practical after their emergency service activity.

279. The President may approve reasonable paid or unpaid leave for ceremonial duties and 
training.

280. Emergency response leave, with or without pay, will count as service.

Jury duty
281. Employees who are required by a court to attend either for jury selection, or to act as a juror, 

will be released from duty for the required period, without the need to apply for leave.

282. Full and part-time employees will be released from duty on their full rate of pay. Payment for 
casuals will be as per the relevant state legislation.

a) For the purposes of this clause, full rate of pay is to be as if the employee was at work.

283. The employee is required to inform their manager before they are released from duty and 
provide evidence of the need to attend.

284. If the employee receives a payment from the court for attendance (which are not expense 
related such as allowances and reimbursements in relation to meals, accommodation, fares 
etc.), they must repay that amount to the Commission for the period of absence. This will be 
administered in accordance with the overpayments clause.

Community Volunteer leave
285. The President may support community volunteer leave of one paid day per calendar year for 

employees to undertake voluntary work for a not-for-profit community organisation.

286. The timing of the leave must be approved by the manager.

287. Additional unpaid leave of up to 4 days per calendar year may be approved based on 
operational requirements.

Defence reservist leave
288. The President will give an employee leave with or without pay to undertake:

a) Australian Defence Force (ADF) Reserve and continuous full-time service (CFTS); and

b) Australian Defence Force Cadet obligations.

289. An employee who is a Defence Reservist can take leave with pay for:

a) up to 4 weeks (20 days) in each financial year (pro-rata for part-time employees); and

b) an extra 2 weeks (10 days) in the first year of ADF Reserve service (pro-rata for part-time 
employees).

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290. Leave can be built up and taken over 2 consecutive years. This includes the extra 2 weeks in 
the first year of service.

291. An employee who is an Australian Defence Force Cadet officer or instructor can get paid 
leave up to 3 weeks in each financial year to perform their duties. Australian Defence Force 
Cadets means:

a) Australian Navy Cadets;

b) Australian Army Cadets; and

c) Australian Air Force Cadets.

292. In addition to the entitlement at clause 289, paid leave may be granted to an employee to 
attend an interview or medical examination in connection with the enlistment of the employee 
in a Reserve Force of the Defence Force.

293. Paid defence reservist leave counts for service.

294. Unpaid defence reservist leave for 6 months or less counts as service for all purposes. 
This includes periods of CFTS.

295. Unpaid leave taken over 6 months counts as service, except for annual leave.

296. An employee will not need to pay their tax free ADF Reserve salary to their agency for 
any reason.

Defence service sick leave
297. An employee is eligible for defence service sick leave credits when the Department of 

Veterans Affairs (DVA) has certified that an employee’s medical condition is as a result of 
either:

a) warlike service; or

b) non-warlike service.

298. An eligible employee can get 2 types of credits:

a) an initial credit of 9 weeks (45 days) defence service sick leave will apply as of the later 
below option:

i) they start employment with the APS; or

ii) DVA certifies the condition; and

b) an annual credit of 3 weeks (15 days) defence service sick leave.

299. An employee can use their defence service sick leave when a recognised medical practitioner 
provides a certificate that says they were away due to their DVA certified medical condition.

300. Unused annual credits can be built up to 9 weeks.

301. An employee cannot use annual credits until the initial credit is exhausted.

302. Defence service sick leave is paid and counts as service for all purposes.

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42

Leave to attend proceedings
303. An employee giving evidence before a Court, Tribunal or Royal Commission on behalf of the 

Commonwealth or a Commonwealth party in the course of their duties, will be considered on 
duty.

304. An employee who is not covered under clause 303, and is required to give evidence to, 
appear before or attend to instruct a representative at a Court, Tribunal or Royal Commission 
in relation to their duties will be released from duty without loss of pay. This includes in 
proceedings relating to a dispute between the employee and the Commission.

305. An employee may otherwise be granted paid or unpaid miscellaneous leave by the President 
if required to give evidence to a Court, Tribunal or Royal Commission for any other reason. 
Where approval for unpaid leave is given, the employee may elect to use accrued annual 
leave, flex leave or time off in lieu.

306. The President may refuse to release an employee from duty having regard to business 
requirements and whether the employee’s attendance is necessary for the Court, Tribunal or 
Royal Commission hearing.

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Section 7: Employee support and 
workplace culture

Blood donation
307. An employee can take reasonable time away from duty during their ordinary work hours 

to donate blood, plasma or platelets. It includes reasonable travel time and employers will 
consider employees on duty.

308. The employee must inform their manager in advance of when they will be away from work 
before donating blood, plasma or platelets.

Vaccinations
309. The Commission will offer annual influenza vaccinations to all employees at no cost.

310. Where the Commission requires an employee performing a role to be vaccinated for a 
particular condition, this vaccination will be offered at no expense to the employee.

Employee Assistance Program
311. Employees, their partners, their dependants/children and members of the employee’s 

household will have access to a confidential, professional counselling service to assist 
employees to manage personal and work issues. This service will be provided at no cost to 
employees by the Commission and will be accessible on paid time.

312. On commencement employees will be advised of the availability of the employee assistance 
program (EAP).

313. There will be no initial cost to employees who contact the counselling service, however if the 
counselling service refers the employee to another service or agrees to provide services in 
addition to those under contract to the Commission then the employee will be responsible for 
any costs which may arise.

314. Managers may access the service to support them in their roles and should encourage 
employees to use the service where appropriate.

Healthy Lifestyle Allowance
315. The Commission encourages its employees to consider healthy lifestyle activities as a means 

to develop and maintain work and life balance. The Commission will reimburse up to $275 per 
financial year for approved health and wellbeing activities. Further information can be found 
in the Commission’s Healthy Lifestyle Program Guidelines.

316. The Healthy Lifestyle allowance will be payable to non-ongoing employees if their contract 
term is six months or greater.

Work health and Safety (WHS)
317. The Commission and its employees will work collaboratively on WHS matters. Further 

information can be referred to in the Commission’s WHS, Rehabilitation and First Aid Policies.

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44

Reasonable Adjustment
318. The Commission is committed to providing any essential work related aids and equipment 

to ensure that employees are provided with the opportunity to work as efficiently and 
effectively as possible. The Commission will make workplace adjustments to accommodate 
the needs of employees wherever it is necessary, possible, and reasonable.

Respect at work (Respect@Work)

Principles
319. The Commission values a safe, respectful and inclusive workplace free from physical and 

psychological harm, harassment, discrimination and bullying. The Commission recognises that 
preventing sexual harassment, sex discrimination, sex-based harassment and victimisation in 
the workplace is a priority.

320. The Commission recognises that approaches to prevent sexual harassment, sex 
discrimination, sex-based harassment and victimisation in the workplace should be holistic 
and consistent with the Commission’s guidance, including the Good Practice Indicators 
Framework for Preventing and Responding to Workplace Sexual Harassment and the 
Commission’s Respectful Behaviour and Unlawful Conduct Policy.

Consultation
321. The Commission will consult with employees and their unions in developing, reviewing 

and evaluating approaches to prevent sexual harassment, sex discrimination, sex-based 
harassment and victimisation in the workplace.

Family and domestic violence support
322. The Commission will provide support for employees affected by family and domestic 

violence, depending on the employee’s circumstances.

323. The Commission recognises that a holistic approach should be taken to support the 
employee, appropriate for the employee’s individual circumstances.

324. Family and domestic violence support, including paid leave, are available to all employees 
covered by this Agreement.

325. An employee experiencing family and domestic violence is able to access paid miscellaneous 
leave. Reasons an employee experiencing family and domestic violence may access this leave 
include, but are not limited to:

a) illness or injury affecting the employee resulting from family and domestic violence;

b) providing care or support to a family member (including a household member) who is 
also experiencing family and domestic violence, and is ill or injured as a result of family 
and domestic violence;

c) providing care or support to a family member (including a household member) who 
is also experiencing family and domestic violence, and is affected by an unexpected 
emergency as a result of family and domestic violence;

d) making arrangements for the employee’s safety, or the safety of a close relative;

e) accessing alternative accommodation;

f) accessing police services;

g) attending court hearings;

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h) attending counselling; and

i) attending appointments with medical, financial or legal professionals.

326. This entitlement exists in addition to an employee’s existing leave entitlements and may be 
taken as consecutive days, single days or part days and will count as service for all purposes.

327. Given the emergency context in which leave may need to be accessed, employees can 
proceed to take the leave and seek approval at a later date, as soon as practicable.

328. These family and domestic violence support clauses do not reduce an employee’s entitlement 
to family and domestic violence leave under the NES.

329. Paid miscellaneous leave available under this clause is paid for ongoing and non-ongoing 
employees at their full rate as if they were at work.

330. Paid leave for casual employees under this clause is paid at their full pay rate for the hours 
they were rostered to work in the period they took leave.

331. Evidence may be requested to support the Commission in approving leave. In most cases, 
this will not be required. Where it is required, this will be discussed with the employee and 
a statutory declaration is the only form of evidence the Commission will require, unless the 
employee chooses to provide another form of evidence.

332. An employee may also choose to provide other forms of evidence, including a medical 
certificate, or document issued by the Police Service, a Court, a Doctor, district Nurse, a 
Family Violence Support Service or Lawyer.

333. The Commission will take all reasonable measures to treat information relating to family and 
domestic violence confidentially. The Commission will adopt a ‘needs to know’ approach 
regarding communication of an employee’s experience of family and domestic violence, 
subject to steps the Commission may need to take to ensure the safety of the employee, 
other employees or persons, or mandatory reporting requirements.

334. Where the Commission needs to disclose confidential information for purposes identified 
in clause 333, where it is possible the Commission will seek the employee’s consent and 
take practical steps to minimise any associated safety risks for the employee and/or privacy 
breaches.

335. The Commission will not store or include information on the employee’s payslip in relation 
to the employee’s experience of family and domestic violence; any leave accessed for the 
purposes of family and domestic violence; or support(s) provided by the employer, unless 
otherwise required by legislation.

336. Other available support may include, but is not limited to, flexible working arrangements, 
additional access to EAP, changes to their span of hours or pattern of hours and/or shift 
patterns and/or location of work where reasonably practicable.

337. The Commission will acknowledge and take into account an employee’s experience of family 
and domestic violence if an employee’s attendance or performance at work is affected.

338. Further information about leave and other support available to employees affected by family 
and domestic violence may be found in the Commission’s Domestic and Family Violence 
Policy.

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46

Integrity in the APS
339. The Commission understands that procedural fairness is essential in building and maintaining 

trust with APS employees, and that it requires fair and impartial processes for employees 
affected by APS-wide or Commission decisions.

340. Employees are to give advice that is frank, honest, timely and based on the best available 
evidence. This includes scientific and engineering advice based on evidence-based facts 
guided by the best available science and data. Employees will not be disadvantaged or 
discriminated against because they have given advice in accordance with their expertise or 
professional qualifications and in accordance with the APS Code of Conduct in the PS Act.

341. Employees can, during their ordinary work hours, take time to:

a) access an APS-wide ethics advisory service or another similar service provided by a 
professional association such as a law society or in the Commission; and

b) attend the Commission’s mandated training about integrity.

First Nations cultural competency training
342. The President will take reasonable steps to ensure all substantive, ongoing EL2 employees 

employed at the commencement of this Agreement or any new substantive, ongoing EL2 
employees who commence within the first 6 months of this Agreement will complete relevant 
First Nations cultural competency training within 12 months of the commencement of the 
Agreement.

343. Any new substantive, ongoing EL2 employee who commences after 6 months of the 
commencement of this Agreement will be required to complete a relevant First Nations 
cultural competency training course within 6 months of their engagement or promotion.

Diversity
344. The Commission is an organisation which values fairness, equity and diversity. As the body 

with a statutory responsibility to ensure the observance of human rights in Australia it is 
important that respect and acceptance of diversity is an integral part of our own workplace. 
Consistent with that aim, the Commission is committed to preventing and eliminating racial 
hatred/prejudice and sexual harassment as well as discrimination on the grounds of race, 
colour, descent, national or ethnic origin, national extraction, immigration status, sex, gender 
identity, intersex status and sexual orientation, marital or relationship status, breastfeeding, 
family responsibilities, pregnancy, potential pregnancy, age, disability, religion, political 
opinion, irrelevant criminal record, membership or non-membership of a trade union or social 
origin.

345. The Commission is committed to celebrating diversity, increasing employment opportunities 
and accessibility for all who experience employment disadvantage and/or marginalisation 
including but not limited to, people with disability, Aboriginal and Torres Strait Islander 
peoples, people from culturally and linguistically diverse (CALD) backgrounds, culturally and 
racially marginalised (CARM) workers and people with diverse identities and background eg. 
sexual orientation, gender identity and expression, and sex characteristics (SOGIESC).

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Lactation and breastfeeding support
346. Reasonable paid time during work hours will be provided for lactation breaks for 

breastfeeding, expressing milk and other associated activities.

347. The Commission will provide access to appropriate facilities for the purpose of breastfeeding 
or expressing milk, subject to clause 348. In considering whether a space is appropriate, the 
Commission should consider whether:

a) there is access to refrigeration;

b) the space is lockable; and

c) there are facilities needed for expressing, such as appropriate seating.

348. Where it is not practicable for the Commission site to have a designated space, a flexible 
approach will be taken so that the employee can access the support required.

349. The Commission will facilitate discussion between individual employees and their managers 
about accommodating the employee’s lactation needs and practical arrangements to meet 
these needs.

350. The manager and employee shall discuss any flexible working arrangements that may be 
needed to support lactation. This may include consideration of arrangements such as working 
from home and/or remote working or varying work hours on an ad-hoc or regular basis. 
Wherever possible, requests by an employee will be accommodated, noting these needs may 
be changed over time.

Disaster support
351. Where an official disaster or emergency is declared and this prevents an employee from 

reasonably attending work, or where it impacts their household or home, the President will 
consider flexible working arrangements to assist the employee to perform their work.

352. Where flexible working arrangements are not appropriate, the President may grant paid 
miscellaneous leave to an employee with regard to the scale and nature of the emergency. 
This leave counts as service and may be approved retrospectively.

353. In considering what period of leave is appropriate, the President will take into account the 
safety of the employee, their family (including their household) and advice from local, State 
and Commonwealth authorities.

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48

Section 8: Performance and development

Performance management
354. The purpose of the Commission’s Performance Management Framework is to strengthen 

and support the Commission in performing its functions by providing regular and 
formal assessment of employees’ work performance and to provide employees with skill 
development and career advancement opportunities.

355. Annual assessment of an employee’s performance will be the basis of salary progression 
within the pay points assigned to their classification and may also be taken into account:

a) when considering an employee for temporary reassignment of duties or promotion; or

b) as a basis to commence proceedings in relation to the unsatisfactory performance of 
duties or misconduct.

356. Employees and managers will develop a performance agreement and employees will 
have their work performance rated by their immediate manager using a four-point scale. 
Employees will advance by one salary point in the relevant classification pay range 
subject to meeting the performance standard rating of ‘effective’ or above. Employees 
rated ‘not effective’ will not be eligible for salary progression and may be subject to an 
underperformance process.

357. Employees who are not satisfied with their manager’s assessment may request a review of 
the manager’s assessment by escalating their concerns to the manger-one-removed/skip 
manager. The employee may also follow the APS guidelines on Review of Actions.

Managing underperformance
358. There may be occasions when an employee’s performance is consistently falling below the 

expected standard, even though the employee’s manager has taken measures to overcome 
the problems as part of their day-to-day management responsibilities. It is important that 
these matters be addressed promptly and fairly rather than waiting until the next formal 
performance management feedback session and any relevant matters must be included in 
the next formal feedback session if ongoing action is required. The procedure for handling 
unsatisfactory performance can be found in the Commission’s Managing Underperformance 
Guidelines and applies to all employees except for the following, who are dealt with/managed 
under the terms of their engagement:

a) an ongoing employee who is on probation;

b) a non-ongoing employee who is employed for a specified term or for the duration of a 
specified task; and

c) a non-ongoing employee engaged on an irregular or intermittent basis.

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359. The process will include written warnings and a structured performance improvement/
assessment plan developed with the employee. The plan will be implemented over a period 
of 2 months unless there are exceptional circumstances. An employee may choose to have a 
support person accompany them in a discussion with a manager where there are issues about 
the employee’s performance.

360. The underperformance process must have regard for the principles of procedural fairness and 
natural justice.

361. Where the delegate determines, on the basis of assessment, that the employee’s performance 
remains unsatisfactory; action will be commenced to:

a) assign the employee to other duties, or

b) reduce the employee’s classification, or

c) take some other form of appropriate action, or

d) terminate the employment.

Workloads
362. The Commission recognises the importance of employees balancing their work and personal 

life. While it is acknowledged that at times it may be necessary for some extra hours being 
worked by some employees, this should be regarded as the exception rather than the rule.

363. When determining workloads for an employee or group of employees, the Commission will 
consider the need for employees to strike a balance between their work and personal life.

364. Where an employee or group of employees raise that they have experienced significant 
workload pressures over a prolonged period of time, the Commission and employee/s 
together must review the employees’ workloads and priorities and determine appropriate 
strategies to manage the impact on the employee or group of employees.

Study leave and study assistance
365. Employees may be entitled to paid time off from work to engage in further study (‘Study 

Leave’) and/or financial assistance provided by the Commission (‘Study Assistance’).

366. Employees can apply for study leave and/or study assistance upon commencement at the 
Commission.

367. Approval for study assistance is not an automatic entitlement. The following factors will be 
considered in assessing a study leave and/or a study assistance application:

a) relevance of the proposed study to the needs of the Commission;

b) operational priorities and resource capacity;

c) career development needs of the individual;

d) budgetary considerations of the section; and

e) equity with other employees of the Commission.

368. Non-ongoing staff may be eligible to apply provided the unit/subject undertaken commences 
after their commencement date at the Commission. If approved by the President, study leave 
will be available, and study assistance would be reimbursed to the employee on successful 
completion of the unit/subject provided the staff member is still employed at the Commission.

369. Approval for all applications will be assessed and determined by the President.

370. Study leave and study assistance will depend on the Commission’s budget availability and 
operational requirements at the time of each request.

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50

Study Leave
371. Approved employees will be able to access study leave as outlined in clause 372 for study 

that aligns to their course requirements and as outlined in the Commission’s Studies 
Assistance Policy.

372. Study leave up to 8 days per six-month period within a calendar year is available to 
attend classes, lectures or other course requirements that are scheduled during normal 
working hours (pro-rata for part-time staff). Study leave not utilised will not carry over the 
following period.

373. Examination leave up to 8 hours per six month period within a calendar year is available to 
attend examinations that are scheduled during working hours.

374. Aboriginal and Torres Strait Islander employees or employees with disability (where their 
disability impacts their ability to study) can apply to the President for consideration of 
additional study leave to meet the course and study requirements.

375. Assistance may be provided to staff enrolled in other research studies not requiring 
attendance during normal working hours at the discretion of the President, on a case-by-case 
basis and, having consideration for the requirements of the qualification and operational 
requirements.

Study Assistance
376. Employees who have received approval for study assistance may apply for financial assistance 

to cover cost of the tuition fees up to $1,000 per completed subject during a calendar year, 
with an annual maximum cap amount of $4,000 per calendar year.

377. Employees undertaking relevant Vocational Education and Training Sector accredited 
qualifications are entitled to reimbursement for up to 50% of their entire qualification fees, up 
to a maximum of $3,000 per certification on successful completion. This entitlement is not in 
addition to the entitlement provided for in clause 376. Approval considerations in clause 367 
will apply.

Learning and development
378. The Commission will provide employees with support to access learning and development 

activities that:

a) have a clear connection with the work of the Commission;

b) have a direct link to individuals’ work responsibilities; and

c) assist ongoing career development.

379. Learning and development activities include on and off the job training, acting/higher duties/
secondment opportunities, stretch projects and opportunities, formal study, attendance 
at courses/seminars/workshops, online learning (blended learning approach) and will be 
specified in annual performance agreements for each employee.

380. The Commission will, subject to prior approval of such arrangements including the cost, 
reimburse reasonable additional expenses arising from additional care arrangements when 
the employee is required to attend a particular training activity outside normal hours of work 
or away from their normal work location.

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Professional qualifications
381. The Commission may support (study leave and/or study assistance) the employee obtaining 

or maintaining a professional qualification and/or accreditation that is requirement for the 
role undertaken.

382. The President may consider other requests from employees for other support as needed, 
based on operational requirements.

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52

Section 9: Travel and location-based 
conditions

Travel
383. A travelling allowance shall be payable to an employee who undertakes travel on official 

business and is required to be absent overnight.

384. Travelling allowances are in addition to the cost of conveyance.

385. An employee who is travelling to a place of work in anticipation of a permanent move to that 
place of work, and who has been advised in writing that the move is to be made permanent, 
will not be eligible to receive travelling allowance during employment at that place of work.

386. An employee who is required to be absent overnight from the employee’s usual place of 
work on official business, under clause 383 will be paid, prior to undertaking the travel, in 
accordance with the Australian Taxation Office rulings on reasonable daily travel allowance 
amounts (equivalent non-SES rates). These rates are contained in the Commission’s Official 
Business Travel Rates Guidelines and updated annually in accordance with the ATO ruling.

387. Where commercial accommodation is not required the employee is not eligible to receive a 
payment under clause 386. The employee will be eligible to receive a payment for every overnight 
absence in accordance with Australian Taxation Office rulings for reasonable daily travel allowance 
(equivalent non-SES) amounts for meals and incidentals (for capital cities) published annually.

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

389. It is recognised that employees may be required to be absent for more than a standard 
day when travelling to attend meetings in regional areas or interstate. To compensate an 
employee for time spent travelling and additional costs, an employee who is required to be 
absent from the employee’s usual place of work on official business for a period of not less 
than 10 hours but is not absent overnight, may be paid $100.

390. Where proof is provided to the satisfaction of the Commission that the allowance payable 
to an employee under clauses 383, 386 and 389 is either insufficient to cover, or in excess of, 
expenses which have been or may be, incurred, the Commission may direct the payment in 
lieu of that allowance as is necessary to meet those expenses.

391. An employee who fails to undertake the anticipated travel, or who undertakes the travel for 
a lesser period than anticipated, will repay either the full travel allowance, or the difference 
between the allowance paid and the amount that would have been payable for the actual 
absence.

392. Where an employee is provided with either accommodation or adequate meals, or both, at 
Commonwealth expense:

a) The employee will not be paid those components of the allowance under clause 383 in 
respect of any accommodation or meals provided; and

b) Payment will be made in respect of incidental expenses during the period as the 
Commission directs.

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393. Where an employee who is absent on duty from the employee’s usual place of work takes 
personal/carer’s leave for a condition for which the employee is not at fault and is unable to 
return home, the employee is entitled to be reimbursed an amount equal to the costs incurred 
by the employee up to the amount that would be payable under clause 383.

394. Where an employee is required to travel for the purpose of official duty away from their 
usual place of work the employee will, subject to prior approval of the arrangements and the 
cost, be entitled to be re-imbursed for any additional costs associated with additional care 
arrangements.

395. Employees who are on flex-time under clauses 112 and 113 may claim domestic business 
related travel time during the additional bandwidth hours of 6:00 am and 7:30 pm as 
recognition of this additional travel time.

Motor vehicle allowance
396. Where the Commission considers that it will result in greater efficiency or involve less 

expense, it may authorise an employee to use a private motor vehicle owned or hired by that 
employee at their own expense for official purposes.

397. Motor vehicle allowance will be payable in accordance with the ATO Reasonable Allowance 
rates, as varied from time to time.

Airline Lounge Membership
398. Employees who undertake work related travel and are not eligible to be considered under 

the Commission’s corporate business lounge membership may enter into a salary sacrifice 
arrangement. Employees must certify that their travel is predominately work related for 
Fringe Benefit Tax purposes.

Overseas Travel
399. An employee required to travel on official business overseas will be provided with a 

recoverable cash advance to meet reasonable accommodation, meal and incidental expenses. 
The cash advance will be administered on a case-by-case basis having regard to the costs 
associated with the country being visited. The rates in accordance with the Australian Tax 
Office rulings will be used as a basis determining reasonable expenses.

400. An employee will be required to comply with the conditions for overseas travel set out in the 
Commission’s overseas diary and acquit any payments.

401. An employee is entitled to economy class where required to travel on official business within 
Australia.

402. An employee is entitled to business class where required to travel on official business 
overseas.

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54

Relocation assistance
403. Where an existing employee is required to relocate at the request of the Commission the 

employee will be provided with financial relocation assistance. Employees who relocate on a 
temporary basis to take up higher duties are entitled to removal expenses if they relocate for 
a period of 13 weeks or more.

404. Where an employee is required to relocate on engagement with the Commission, the 
employee will be provided with financial relocation assistance.

405. Reasonable expenses associated with the relocation include:

a) the cost of transport of the employee, their dependents and partner by the most 
economical means;

b) removal expenses, namely the reimbursement of reasonable incurred costs of the 
removal of furniture and household effects of the employee, dependants and partner;

c) the reimbursement of the cost of the insurance premium based on a reasonable 
replacement value; and

d) the reasonably incurred expenses in kennelling and transport of pets, up to the amount 
specified in the APS Award.

406. Additional relocation assistance may be considered by President discretion.

Loss, damage and indemnity
407. The Commission may approve reimbursement to an employee for loss or damage to clothing 

or personal effects which occurred in the course of the employee’s work.

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Section 10: Consultation, representation 
and dispute resolution

Consultation

Principles
408. Genuine and effective consultation with employees and the relevant union(s), taking into 

account the diverse needs of employees, fosters a positive and inclusive workplace, enabling 
the views of employees to be considered.

409. The Commission recognises:

a) the importance of inclusive and respectful consultative arrangements;

b) employees and the relevant union(s) should have a genuine opportunity to influence 
decisions;

c) the nature and extent of consultation will vary depending on the proposed change and 
the likely impact on employees. Consultation on Commission policies may occur over at 
least 2 weeks, whereas a major change is likely to require a more extensive consultation 
process;

d) consultation with employees and relevant unions(s) on workplace matters that 
significantly affect or materially impact them is sound management practice; and

e) the benefits of employee and union involvement and the right of employees to be 
represented by their union.

410. Genuine and effective consultation involves:

a) providing employees and the relevant union(s) with a genuine opportunity to influence 
the decision prior to a decision being made;

b) providing all relevant information to employees and the relevant union(s) in a timely 
manner to support consideration of the issues;

c) considering feedback from employees and the relevant union(s) in the decision-making 
process; and

d) advising employees and the relevant union(s) of the outcome of the process, including 
how their feedback was considered in the decision-making process.

When consultation is required
411. Consultation is required in relation to:

a) changes to work practices which materially alter how an employee carries out their work;

b) changes to or the introduction of policies or guidelines relevant to workplace matters 
(unless the changes are minor or procedural);

c) major change that is likely to have a significant effect on employees;

d) implementation of decisions that significantly affect employees;

e) changes to employees’ regular roster or ordinary hours of work (subject to any other 
relevant provisions in this Agreement); and

f) other workplace matters that are likely to significantly or materially impact employees.

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56

412. The Commission, employees and the relevant union(s) recognise that consultation prior to 
a decision may not be practicable where a decision is made by Government or is required 
due to matters beyond the reasonable control of the Commission. In these circumstances, 
consultation regarding the implementation of the decision will occur as early as is reasonably 
practicable.

Provisions for consultation on major change and introduction of a change to regular 
roster or ordinary hours of work of employees
413. This clause applies if the Commission:

a) proposes to introduce a major change to production, program, organisation, structure 
or technology in relation to its enterprise that is likely to have a significant effect on the 
employees; or

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

Representation
414. Employees may appoint a representative for the purposes of the procedures in this clause. 

A representative for the purpose of this clause may be a union representative.

415. The Commission must recognise the representative if:

a) a relevant employee appoints, or relevant employees appoint, a representative for the 
purposes of consultation; and

b) the employee or employees advise the employer of the identity of the representative.

Major change
416. In this clause, a major change is ‘likely to have a significant effect on employees’ if it results in, 

for example:

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.

417. The following additional consultation requirements in clauses 418 to 424 apply to a proposal 
to introduce a major change referred to in clause 411c).

418. Consultation with employees and the relevant union(s) and/or recognised representatives will 
occur prior to a decision being made, subject to clause 412.

419. Where practicable, a Commission change manager or a primary point of contact will be 
appointed and their details provided to employees and the relevant union(s) and/or their 
recognised representatives.

420. The Commission must notify employees and relevant union(s) and/or recognised 
representatives of the proposal to introduce the major change as soon as practicable.

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421. As soon as practicable after proposing the change, or notifying of the change in 
circumstances described at clause 412, the Commission must:

a) discuss with affected employees and relevant union(s) and/or other recognised representatives:

i) the proposed change;

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

iii) proposed measures to avert or mitigate the adverse effect of the proposed change 
on the employees; and

b) for the purposes of the discussion – provide, in writing, to employees and the relevant 
union(s) and/or other recognised representatives:

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

ii) information about the expected effects of the proposed change on the employees; 
and

iii) any other matters likely to affect the employees.

422. The Commission must give prompt and genuine consideration to matters raised about the 
major change by employees and the relevant union(s) and/or other recognised representatives.

423. However, the Commission is not required to disclose confidential or commercially sensitive 
information to employees and the relevant union(s) and/or other recognised representatives.

424. If a term in this Agreement provides for a major change to production, program, organisation, 
structure or technology in relation to the enterprise of the Commission, the requirements set 
out in clauses 418 to 423 are taken not to apply.

Change to regular roster or ordinary hours of work
425. The following additional consultation requirements in clauses 426 to 428 apply to a proposal 

to introduce a change referred to in clause 411e).

426. The Commission must notify affected employees and the relevant union(s) and/or other 
recognised representatives of the proposed change.

427. As soon as practicable after proposing to introduce the change, the Commission must:

a) discuss with employees and the relevant union(s) and/or other recognised 
representatives:

i) the proposed introduction of the change; and

b) for the purposes of the discussion – provide to the employees and relevant union(s) and/
or other recognised representatives:

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

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

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

c) invite employees and the relevant union(s) and/or other recognised representatives to 
give their views about the impact of the change (including any impact in relation to their 
family or caring responsibilities). However, the Commission is not required to disclose 
confidential or commercially sensitive information to the relevant employees and the 
relevant union(s) and/or other recognised representatives.

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58

428. The Commission must give prompt and genuine consideration to matters raised about the 
proposed change by the employees and the relevant union(s) and/or other recognised 
representatives.

Interaction with emergency management activities
429. Nothing in this term restricts or limits the ability of a designated emergency management 

body to undertake activities provided at section 195A(1) of the FW Act.

Commission consultative committee
430. The President may establish a Commission consultative committee to discuss relevant 

workplace matters.

431. The Commission’s consultative committee will operate subject to an agreed terms of 
reference and structure for the term of the Agreement. Representation on the committee will 
be in accordance with the terms of reference.

APS consultative committee
432. The President will support the operation of the APS consultative committee to the extent 

possible. This includes providing information requested by the Australian Public Service 
Commission to support the operation of the APS consultative committee, subject to 
legislative requirements.

Dispute resolution
433. If a dispute relates to:

a)  a matter arising under the Agreement; or

b) the National Employment Standards;

this term sets out procedures to settle the dispute.

434. An employee or union who is covered by this Agreement may initiate and/or be a party to a 
dispute under this term.

435. An employee who is a party to the dispute may appoint a representative for the purposes of 
the procedures in this term. Representatives will be recognised and dealt with in good faith.

436. Parties to the dispute must attempt to resolve the dispute at the workplace level, by 
discussion between the employee or employees and relevant managers. Parties to the dispute 
will notify higher level managers to assist in the resolution of the dispute. Parties will give 
genuine consideration to proposals to resolve the dispute.

437. If a dispute about a matter arising under this Agreement is unable to be resolved at the 
workplace level, and all appropriate steps under clause 436 have been taken, a party to the 
dispute may refer the dispute to the Fair Work Commission.

438. The Fair Work Commission may deal with the dispute in 2 stages:

a) the Fair Work Commission will first attempt to resolve the dispute as it considers 
appropriate, including by mediation, conciliation, expressing an opinion or making a 
recommendation; and

b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair 
Work Commission may then:

Enterprise Agreement 2024–2027








i) arbitrate the dispute; and

ii) make a determination that is binding on the parties.

Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers that 
are available to it under the FW Act. A decision that the Fair Work Commission makes when 
arbitrating a dispute is a decision for the purpose of Div 3 of Part 5-1 of the FW Act. Therefore, 
an appeal may be made against the decision.

439. While the parties are attempting to resolve the dispute using the procedures in this term:

a) an employee must continue to perform their work as they would normally in accordance 
with established custom and practice at the Commission that existed immediately prior 
to the dispute arising unless they have a reasonable concern about an imminent risk to 
their health or safety; and

b) subject to clause 439.a), an employee must comply with a direction given by the 
employer to perform other available work at the same workplace, or at another 
workplace, unless:

i) the work is not safe; or

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

iii) the work is not appropriate for the employee to perform; or

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

440. The parties to the dispute agree to be bound by a decision made by the Fair Work 
Commission in accordance with this term.

441. Any disputes arising under the Australian Human Rights Enterprise Agreement 2016–2019 
or the National Employment Standards that were formally notified under clause 8 of that 
agreement before the commencement of this Agreement, that remain unresolved at the 
date of commencement of this Agreement, will be progressed under the dispute resolution 
procedures in this Agreement.

Leave of absence to attend proceedings
442. Where the provisions of clauses 437 to 441 have been complied with, and to assist in 

the resolution of the matter, the employee, and/or the union delegate or other employee 
representative referred to in clause 434, or employee required to provide evidence, will be 
granted paid time to attend dispute resolution processes and proceedings in the Fair Work 
Commission arising from referral of the matter in clause 437.

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60

Delegates’ rights
443. Union delegates play an important and legitimate role in the workplace. This includes 

representing their members and supporting employee access to union officials, and providing 
employee views to the Commission.

444. The role of union delegates is to be respected and supported.

445. The Commission and union delegates will work together respectfully and collaboratively.

Supporting the role of union delegates
446. The Commission respects the role of union delegates to:

a) provide information, consult with and seek feedback from employees in the workplace on 
workplace matters;

b) consult with other delegates and union officials, and get advice and assistance from 
union officials;

c) represent the interests of members to the employer and industrial tribunals; and

d) represent members at relevant union forums, consultative committees or bargaining.

447. The Commission and union delegates recognise that undertaking the role of a union delegate 
is not the primary purpose of an employee’s engagement, and must work with and not 
unreasonably impact their regular duties. Union delegates may request additional time and 
facilities from time to time.

448. Union delegates will be provided with reasonable paid time during their normal working hours 
to perform their union delegate role. The paid time provided should not result in disruption to 
critical services or operational requirements.

449. To support the role of union delegates, the Commission will, subject to legislative and 
operational requirements, including privacy and security requirements:

a) provide union delegates with reasonable access to Commission facilities and resources, 
including for paid or unpaid meetings between employees and their unions and to 
communicate with union officials;

b) advise union delegates and other union officials of the Commission facilities and 
resources available for their use, which may include telephone, photocopying, internet, 
and email;

c) allow reasonable official union communication appropriate to the Commission from union 
delegates with employees, including through email, intranet pages and notice boards. 
This may include providing a link to a union website for employees to access union 
information. Any assistance in facilitating email communications does not include the 
Commission vetoing reasonable communications;

d) provide access to new employees as part of induction; and

e) provide reasonable access to union delegates to attend appropriate paid time training in 
workplace relations matters, during normal working hours.

450. Where APS employees are elected as officials of a trade union or professional association, 
they are not required to seek permission from the workplace or Commission before speaking 
publicly in that capacity, subject to the APS Code of Conduct and legislative requirements.

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Section 11: Separation and retention

Resignation
451. An employee may resign from their employment by giving the President at least 14 calendar 

days’ notice.

452. At the instigation of the President, the resignation may take effect at an earlier date within 
the notice period. In such cases, the employee will receive paid compensation in lieu of the 
notice period which is not worked.

453. The President has the discretion to agree to a shorter period of notice or waive the 
requirement to give notice.

Payment on death of an employee
454. When an employee dies, or the President has directed that an employee is presumed to have 

died on a particular date, subject to any legal requirements, the President must authorise 
payments to the partner, dependants or legal representative of the former employee, 
the amount to which the former employee would have been entitled had they ceased 
employment through resignation or retirement, or where legislation provides specifically for 
amounts calculated based on the death of the employee, those amounts. If payment has not 
been made within a year of the former employee’s death, it should be made to their legal 
representative.

Redeployment, retraining, redundancy

Excess Employee
455. The procedure for handling excess employees set out below applies to all employees except:

a) an ongoing employee who is on probation;

b) a non-ongoing employee.

456. When the President is aware that an employee is likely to become excess, the President will 
advise the employee of the situation at the earliest practicable time. An employee is an excess 
employee if:

a) the Commission has a greater number of employees than is necessary for the effective 
performance of a particular role or function within the Commission;

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

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

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62

Consultation process
457. The President will hold discussions with an excess employee. The maximum period allowed 

for such consultations should not exceed 4 weeks. Discussions will be held to consider:

a) measures that could be taken to resolve the situation, including redeployment 
opportunities for the employee, at or below level, within or outside the Commission;

b) whether termination of employment (voluntary redundancy) might be appropriate;

c) where the employee chooses a representative, the President will hold the discussions 
with the employee’s representative.

Early Separation
458. Where an employee is likely to be the subject of action under these provisions, the President 

may provide to that employee an early separation opportunity.

459. This option provides for separation to occur within 14 days of the employee being advised 
that they are excess under clauses 455 and 456.

460. This option attracts an additional payment of 8 week’s salary (or 10 weeks for an employee 
over 45 years of age with at least 5 years continuous service), over and above any other 
amount paid on separation in accordance with clause 465.

461. The payment is in lieu of the time that may have reasonably been expected to elapse for the 
purposes of the consultation, consideration periods and notice periods.

Separation with consent
462. Where an employee is advised in writing that they are excess and that it is proposed to 

terminate the employee in accordance with s 29 of the PS Act, the employee will have a 
maximum period of one month to consider their position and provide their consent to the 
termination of their employment or request redeployment assistance.

463. The President will not give an employee notice of termination of their employment under s 29 
of the PS Act until the expiration of that one-month period (unless the employee requests an 
earlier termination of employment date within that one-month period).

464. Within that month, unless agreed otherwise, an employee consenting to termination of 
employment must be given all the relevant financial information, including:

a) amount of redundancy pay, pay in lieu of notice and cashable leave credits;

b) amount of accumulated superannuation contributions;

c) options open to the employee concerning superannuation;

d) taxation rules applying to the various payments;

e) assistance up to a maximum of $800 for financial advice and career counselling, 
reimbursed on production of receipts; and

the employee is only entitled to receive one offer of voluntary retirement.

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Redundancy benefit
465. Where the provisions of this clause provide for less than the National Employment Standards 

(NES), the NES will prevail.

a) An excess employee who agrees to be voluntarily retrenched (including with an early 
separation offer) and whose employment is terminated by the delegate under s 29 of 
the PS Act on the grounds they are excess to requirements is entitled to be paid a sum 
equal to two weeks’ salary for each completed year of continuous service, plus a pro 
rata payment for completed months of service since the last completed year of service, 
subject to any minimum amount the employee is entitled to under the NES.

b) The minimum sum payable will be 4 weeks salary and the maximum will be 48 weeks 
salary.

c) The redundancy benefit will be calculated on a pro-rata basis for any period where an 
employee has worked part-time hours during their period of service and the employee 
has less than 24 years full-time service.

d) For the purpose of calculating payment, salary will include:

i) the employee’s salary;

ii) the salary including higher duties, where the employee has been receiving higher 
duties allowance for a continuous period of at least 12 months immediately 
preceding the date on which the employee is given notice of termination of 
employment;

iii) other allowances in the nature of salary which are paid during periods of annual 
leave and on a regular basis, excluding allowances which are a reimbursement for 
expenses incurred, or a payment for disabilities associated with the performance of 
duty.

Period of notice
466. Where the excess employee agrees to be voluntarily retrenched, the President may terminate 

the employment of the employee by giving the required notice of termination of employment 
under s 29 of the PS Act. The period of notice will be 4 weeks (or 5 weeks for an employee 
over 45 years of age with at least 5 years of continuous service).

467. Where an employee whose employment is terminated at the beginning of or within the notice 
period, the employee will receive payment in lieu of notice for the unexpired portion of the 
notice period. This amount is additional to any redundancy benefit payment.

Periods of service
468. For earlier periods of service to count there must be no breaks between the periods of 

service, except where:

a) the break in service is less than 1 month and occurs where an offer of employment with 
the new employer was made and accepted by the employee before ceasing employment 
with the preceding employer; or

b) the earlier period of service was with the APS and ceased because the employee was 
deemed to have resigned from the APS on marriage under the then section 49 (as 
repealed in 1966) of the repealed Public Service Act 1922.

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469. Subject to clause 470i) service for redundancy pay purposes means:

a) service with the Commission;

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

c) service with the Commonwealth (other than service with a joint Commonwealth-
State body corporate in which the Commonwealth has a controlling interest) which is 
recognised for long service leave purposes;

d) service with the Australian Defence Forces;

e) APS service immediately preceding deemed resignation under the then section 49 (as 
repealed in 1966) of the repealed Public Service Act 1922, if the service has not previously 
been recognised for severance pay purposes; and

f) service in another organisation where an employee was moved from the APS to give 
effect to an administrative re-arrangement; or where an employee is engaged as an APS 
employee as a result of an administrative re-arrangement; and such service is recognised 
for long service leave.

470. Any period or service which ceased through termination of employment on the following 
grounds will not count as service for redundancy pay purposes:

a) the employee lacks, or has lost an essential qualification for performing their duties;

b) non-performance, or unsatisfactory performance of duties;

c) inability to perform duties because of physical or mental incapacity;

d) failure to satisfactorily complete an entry level training course;

e) failure to meet a condition imposed under subsection 22(6) of the PS Act, including 
probation;

f) a breach of the Code of Conduct;

g) for a reason equivalent to a reason listed above at (a) to (f) under the repealed Public 
Service Act 1922;

h) any other ground prescribed by the Public Service Regulations;

i) through voluntary retrenchment at or above the minimum retiring age applicable to the 
employee; or

j) with the payment of a redundancy benefit or similar payment or an employer financed 
retirement benefit.

471. Absences from work which do not count as service for long service leave purposes will not 
count as service for severance pay purposes.

Redeployment
472. The President will assist employees throughout the redeployment process by providing, 

amongst other things, reasonable expenses and time off to attend necessary employment 
interviews where costs are not met by the prospective employer.

473. If an excess employee wishes to be redeployed rather than consent to termination of 
employment, the President will take all reasonable steps, consistent with the efficient 
management of the Commission, to assign duties to that employee in accordance with s 25 of 
the PS Act.

474. In the first instance, this placement will be handled within the Commission. APS redeployment 
options may also be considered in accordance with APS redeployment policy.

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475. The President may also choose to offer the services of a selected outplacement/career 
management provider at any point in the process (on and from the point the employee is 
advised that they are likely to become excess).

476. The redeployment process commences from the date the employee is advised, in writing, that 
they are an excess employee.

477. Where the President is satisfied that there is insufficient productive work available for the 
employee within the Commission during the remainder of their redeployment period, the 
President may, with the agreement of the employee, terminate the employee’s employment 
under s 29 of the PS Act and pay an agreed lump sum not greater than the salary which 
would be payable for the balance of the redeployment period.

478. It remains open to an employee to consent to termination at the end of two months, in 
preference to continuing redeployment action. If an employee consents to termination of 
employment at this point and this employment is terminated by the President under s 29 of 
the PS Act on the grounds the employee is excess to requirements they will be eligible to 
receive the full redundancy benefit.

Salary Maintenance
479. Where the President reduces the classification of an employee under s 23 of the PS Act, 

salary maintenance will be applied from the date of reduction in classification for a period of 
6 months. Salary maintenance will be calculated on the basis of the employee’s regular and 
ongoing salary.

Involuntary termination of employment
480. If after 13 weeks from the date an employee has been identified as an excess employee:

a) the President has been unable to assign duties to the employee (at or below level) 
despite having taken all reasonable steps to do so; and

b) the employee has not consented to termination of employment,

c) the President may decide to involuntarily terminate the employment of the excess 
employee under s 29 of the PS Act.

481. An excess employee cannot have their employment terminated involuntarily unless they have 
rejected the opportunity to provide their consent to their termination of employment.

482. An excess employee will not be compulsorily terminated without being given the required 
period of notice of 4 weeks (or five weeks in the case of an employee over 45 years of age 
with at least five years’ service).

483. ln practice, notice of termination will be given four or five weeks before the end of 
the redeployment period described above to satisfy the requirements of the FW Act. 
If redeployment arrangements are subsequently made after the issue of the notice of 
termination, the notice will be withdrawn.

484. Employees whose employment has been terminated involuntarily by the President under s 29 
of the PS Act will receive the same entitlements on termination as employees who consent 
to termination of employment except that the redundancy benefit will be reduced to account 
for salary payments received during the redeployment period. The reduction in the amount 
of the redundancy benefit cannot be more than half the amount the employee would have 
received if they had provided their consent to termination of their employment subject to any 
minimum amount the employee is entitled to under the NES.

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66

485. An employee with less than 12 years of service, who elects for redeployment, will have the 13-
week redeployment period reduced to the period as set out below.

Years of Service Redeployment Period NES Redundancy Period

1 11 weeks 4 weeks

2 9 weeks 6 weeks

3 9 weeks 7 weeks

4 9 weeks 8 weeks

5 8 weeks 10 weeks

6 8 weeks 11 weeks

7 7 weeks 13 weeks

8 7 weeks 14 weeks

9 6 weeks 16 weeks

10 11 weeks 12 weeks

11 12 weeks 12 weeks

Absence without approval and abandonment of employment
486. Where an employee is absent from work without approval (except under reasonable 

circumstances) eg without the express approval of their manager, or not in accordance with 
a term of this Agreement, the absence will be treated as an ‘unauthorised absence’ and will 
not count as service for any purpose under this Agreement, including remuneration and 
leave accrual. Any amounts paid to an employee in respect of an unauthorised absence are 
overpayments and the President will seek to recover those amounts in accordance with the 
provisions of the Accountable Authority Instructions.

487. Where an employee is absent from duty without permission for more than 21 calendar days, 
they will be considered to have abandoned their employment unless they can prove to the 
satisfaction of the President that the absence was, in all the circumstances, warranted. Where 
an employee is unable to substantiate that their absence from duty is or was warranted, their 
employment may be terminated under s 29 of the PS Act, subject to Part 3-2 of the FW Act, 
on the ground of ‘non-performance of duties’.

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Attachment A – Base salaries

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6

Classification Salary 
levels

As at  
31 August 2023

From the 
later of 

commencement 
of the Agreement 
or 14 March 2024 

(4% increase)

From  
13 March 2025 
(3.8% increase)

From  
12 March 2026 
(3.4% increase)

APS1 APS1.1 $48,384 $52,000 $54,516 *

APS1.2 $51,455 $53,513 $55,546 $57,497

APS1.3 $54,524 $56,705 $58,860 $60,946

APS2 APS2.1 $56,266 $58,517 $60,741 $62,806

APS2.2 $59,090 $61,454 $63,789 $65,958

APS2.3 $61,914 $64,391 $66,838 $69,110

APS3 APS3.1 $62,371 $64,866 $67,331 $70,477

APS3.2 $65,504 $68,124 $70,713 $73,117

APS3.3 $68,636 $71,381 $74,093 $76,820

APS4 APS4.1 $69,513 $72,294 $75,041 $79,125

APS4.2 $73,233 $76,162 $79,056 $81,744

APS4.3 $76,955 $80,033 $83,074 $85,899

APS4.4 ** $86,246

APS5 APS5.1 $77,533 $80,634 $84,228 $88,834

APS5.2 $81,458 $84,716 $87,935 $90,925

APS5.3 $85,383 $88,798 $92,172 $96,829

APS6 APS6.1 $85,826 $90,199 $94,563 $99,734

APS6.2 $91,953 $95,631 $99,265 $102,640

APS6.3 $98,079 $102,002 $105,910 $109,478

APS6.4 ** $111,701

EL1 EL1.1 $107,355 $111,649 $115,892 $121,755

EL1.2 $113,696 $118,244 $122,737 $126,910

EL1.3 $120,035 $124,836 $129,580 $133,986

EL2 EL2.1 $129,072 $134,235 $139,336 $144,073

EL2.2 $143,204 $148,932 $154.591 $159,847

EL2.3 $151,691 $157,759 $163,754 $169,322

* Uplifted by pay fragmentation
** New pay point created by pay fragmentation

67Australian Human Rights Commission

Attachment A – Base salaries








68

Attachment B – Supported Wage System

1. This schedule defines the conditions which will apply to employees because of the effects of 
a disability and who are eligible for a supported wage under the terms of this Agreement.

Definitions
2. In this schedule:

Approved assessor means a person accredited by the management unit established by the 
Commonwealth under the supported wage system to perform assessments of an individual’s 
productive capacity within the supported wage system.

Assessment instrument means the tool provided for under the supported wage system that 
records the assessment of the productive capacity of the person to be employed under the 
supported wage system.

Disability Support Pension means the Commonwealth Government pension scheme to 
provide income security for persons with a disability as provided under the Social Security 
Act 1991 (Cth), as amended from time to time, or any successor to that scheme.

Relevant minimum wage means the minimum wage prescribed in this Agreement for the 
class of work for which an employee is engaged.

Supported Wage System (SWS) means the Commonwealth Government system to promote 
employment for people who cannot work at full agreement wages because of a disability, as 
documented in the Supported Wage System Handbook. The Handbook is available from the 
JobAccess website (www.jobaccess.gov.au).

SWS wage assessment agreement means the document in the form required by the 
Department of Social Services that records the employee’s productive capacity and agreed 
wage rate.

Eligibility criteria
3. Employees covered by this schedule will be those who are unable to perform the range of 

duties to the competence level required within the class for which the employee is engaged 
under this Agreement, because of the effects of a disability on their productive capacity and 
who meet the impairment criteria for receipt of a disability support pension.

4. The schedule does not apply to any existing employee who has a claim against the employer 
which is subject to the provisions of workers compensation legislation or any provision of this 
Agreement relating to the rehabilitation of employees who are injured in the course of their 
employment.

Enterprise Agreement 2024–2027






http://www.Jobaccess.gov.au
https://www.jobaccess.gov.au/


Supported wage rates
5. Employees to whom this clause applies shall be paid the applicable percentage of the 

relevant minimum wage according to the following schedule:
Table 3: Applicable percentage of relevant minimum wage paid to applicable employees 

Assessed capacity Percentage of agreement rate

10 per cent 10 per cent

20 per cent 20 per cent

30 per cent 30 per cent

40 per cent 40 per cent

50 per cent 50 per cent

60 per cent 60 per cent

70 per cent 70 per cent

80 per cent 80 per cent

90 per cent 90 per cent

6. Provided that the minimum amount payable to an employees to whom the SWS applies is not 
less than the amount prescribed in the National Minimum Wage Order. Note: The minimum 
amount payable is reviewed every year in July.

7. Where an employee’s assessed capacity is 10 per cent, they must receive a high degree of 
assistance and support.

Assessment of capacity
8. For the purposes of establishing the percentage of the relevant minimum wage, the 

productive capacity of the employee will be assessed in accordance with the Supported 
Wage System by an approved assessor, having consulted the employer and the employee, 
and if the employee so desires, a union which the employee is eligible to join.

9. Assessment made under this schedule must be documented in a SWS wage assessment 
agreement, and retained by the employer as a time and wages record in accordance with the 
FW Act.

Lodgement of SWS wage assessment agreement
10. All SWS wage assessment agreements under the conditions of this schedule, including the 

appropriate percentage of the relevant minimum wage to be paid to the employee, must be 
lodged by the employer with the Fair Work Commission.

11. All SWS wage assessment agreements must be agreed and signed by the employee and 
employer parties to the assessment. Where a union which has an interest in the agreement is 
not a party to the assessment, the assessment will be referred by the Fair Work Commission 
to the union by certified mail and the agreement will take effect unless an objection is 
notified to the Fair Work Commission within 10 working days.

69Australian Human Rights Commission

Attachment B – Supported Wage System








70

Review of assessment
12. The assessment of the applicable percentage should be subject to annual review or more 

frequent review on the basis of a reasonable request for such a review. The process of review 
must be in accordance with the procedures for assessing capacity under the supported wage 
system.

Other terms and conditions of employment
13. Where an assessment has been made, the applicable percentage will apply to the relevant 

wage rate only. Employees covered by the provisions of the schedule will be entitled to the 
same terms and conditions of employment as all other workers covered by this Agreement 
paid on a pro-rata basis.

Workplace adjustment
14. An employer wishing to employ a person under the provisions of this schedule must take 

reasonable steps to make changes in the workplace to enhance the employee’s capacity to 
do the job. Changes may involve redesign of job duties, working time arrangements and work 
organisation in consultation with other workers in the area.

Trial period
15. In order for an adequate assessment of the employee’s capacity to be made, an employer 

may employ a person under the provisions of this schedule for a Trial Period not exceeding 
12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) 
may be needed.

16. During that Trial Period the assessment of capacity will be undertaken and the percentage of 
the relevant minimum wage for a continuing employment relationship will be determined.

17. The minimum amount payable to the employee during the Trial Period must be no less than 
the current weekly rate, as determined by the Fair Work Commission.

18. Work trials should include induction or training as appropriate to the job being trialled.

19. Where the employer and employee wish to establish a continuing employment relationship 
following the completion of the Trial Period, a further contract of employment will be entered 
into based on the outcome of assessment under clauses 8 and 9.

Enterprise Agreement 2024–2027

Cases cited by this decision: