1
Fair Work Act 2009
s.185—Enterprise agreement
Australian Capital Territory T/A Act Public Sector
(AG2023/5155)
ACT PUBLIC SECTOR TECHNICAL AND OTHER PROFESSIONAL
ENTERPRISE AGREEMENT 2023-2026.
State and Territory government administration
DEPUTY PRESIDENT O’NEILL MELBOURNE, 16 JANUARY 2024
Application for approval of the ACT Public Sector Technical and Other Professional
Enterprise Agreement 2023-2026
[1] An application has been made for approval of an enterprise agreement known as the
ACT Public Sector Technical and Other Professional Enterprise Agreement 2023-2026 (the
Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).
It has been made by Australian Capital Territory T/A ACT Public Sector. 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.
[3] Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the
Amending Act in relation to genuine agreement requirements for agreement approval
applications apply where the notification time for the agreement was on or after 6 June 2023.
The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June
2023, continue to apply in relation to agreement approval applications where the notification
time for the agreement was before 6 June 2023. The notification time for the Agreement was
before 6 June 2023. The Agreement was made on or after 6 June 2023.
[4] The Employer has provided written undertakings. A copy of the undertakings is attached
in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any
employee covered by the Agreement and that the undertakings will not result in substantial
changes to the Agreement. The undertakings are taken to be a term of the agreement.
[5] Subject to the undertakings referred to above, I am satisfied that each of the
requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have
been met.
[2024] FWCA 157
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
[2024] FWCA 157
2
[6] The Association of Professional Engineers, Scientists and Managers, Australia
(APESMA), the Australian Municipal, Administrative, Clerical and Services Union (ASU), the
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the
Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical,
Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(CEPU), the Australian Workers' Union (AWU), the Construction, Forestry and Maritime
Employees Union (CFMEU), the United Firefighters' Union of Australia (UFUA), the Health
Services Union (HSU) and the Community and Public Sector Union (CPSU), being bargaining
representatives for the Agreement, have each given notice under s.183 of the Act that they want
the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the
organisations. The ASU, AMWU, CEPU, CFMEU, UFUA and CPSU all support approval of
the Agreement.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
23 January 2024. The nominal expiry date of the Agreement is 31 March 2026.
Variation
[8] A Form F1 was simultaneously lodged with the Agreement, which sought to vary
provisions of the Agreement pursuant to section 218A of the Act (the Form).
[9] The Form highlighted errors within the Agreement that had been identified by the
Applicant as follows:
1. At subclause E4.15 amend the clause to include the following at the end of the clause
“or the commencement of the Agreement, whichever is the latter”;
2. At subclause E4.25 amend the clause to remove “(1 January 2024 to 31 December
2024)”;
3. Amend subclause F6.17 to replace F6.7 with G6.7; and
4. At Clause E10, made the following amendments:
(a) At clause E10.3.12, amend “The 25 December (Christmas Day) or one of
the following:” to “The 25 December (Christmas Day); and”
(b) At clause E10.3.12(a) amend “If Christmas Day falls on a Saturday, the
following Monday” to “If Christmas falls on a Saturday, the following
Monday; or”
(c) At clause E10.3.13 amend “The 26 December (Boxing Day) or one of the
following:” to “The 26 December (Boxing Day) and:”
(d) At clause E10.3.13(a) amend “If Boxing Day falls on a Saturday – the
following Monday;” to “If Boxing Day falls on a Saturday – the following
Monday; or”
https://www.fwc.gov.au/registered-organisations/find-registered-organisation/association-professional-engineers-scientists
https://www.fwc.gov.au/registered-organisations/find-registered-organisation/association-professional-engineers-scientists
[2024] FWCA 157
3
[10] The AMWU, AWU, CEPU, CPSU, CFMEU, HSU, MEAA, TWU and UWU were
consulted regarding the amendments sought in the Form and have not raised any issues with
the Commission.
[11] I am satisfied that s.218A applies to the variations at paragraph 9 of this Decision.
[12] Section 218A, which came into effect on 7 December 2022 as part of the reforms
contained within the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022,
provides for the variation of enterprise agreements to correct or amend an obvious error, defect
or irregularity:
“(1) The FWC may vary an enterprise agreement to correct or amend an obvious error,
defect or irregularity (whether in substance or form).
(2) The FWC may vary an enterprise agreement under subsection (1);
(a) on its own initiative; or
(b) on application by any of the following:
(i) one or more of the employers covered by the agreement;
(ii) an employee covered by the agreement;
(iii) an employee organisation covered by the agreement.
(3) If the FWC varies an enterprise agreement under subsection (1), the variation
operates from the day specified in the decision to vary the agreement.”
[13] As has been noted in recent decisions of the Commission,1 s.218A of the Act is akin to
the slip rule found in s.602 of the Act, which allows the Commission to correct or amend an
obvious error, defect or irregularity (whether in substance or form) in relation to a decision of
the Commission. The evident purpose of s.218A is to remove complexity associated with
varying enterprise agreements containing obvious errors, defects or irregularities by simplifying
the process by which corrections may be made.
[14] Before an amendment under s.218A can be made, there first must be satisfaction of the
existence of an obvious error, defect or irregularity (whether in substance or form). Upon the
finding of such an error, defect or irregularity, the Commission may, not must, vary the
enterprise agreement. The power to vary should only be exercised to the extent necessary to
remove the error, defect or irregularity.
[15] The Applicant submits that the amendments seek to address errors and irregularities
errors and that the amendments will not result in any detriment to any of the employees covered
by the Agreement. The Applicant further submits that:
1 See for example [2023] FWCA 844 per Gostencnik DP, and [2023] FWC 115 per Asbury DP (as Vice President Asbury
then was).
[2024] FWCA 157
4
(a) The amendments sought in paragraph 9.1 seeks to clarify that daily accrual
of personal leave will not commence prior to the commencement date of the
Agreement; and
(b) The amendments sought in paragraph 9.2 seeks to clarify that the transition
year commences on the date specified in E4.15, being that the transition year
commences either on 1 January 2024 or the date of commencement of the
Agreement, whichever is the later;
(c) The amendments sought at paragraph 9.3 seek to amend a typographical
error in relation to the referencing clause; and
(d) The amendments sought at paragraph 9.4, seek to amend the error in the
wording of clause E10.3 to be consistent with the Holidays Act 1958.
[16] I am satisfied that the errors and irregularities in the Agreement outlined at paragraph 9
of this Decision are obvious errors. I am satisfied the amendments should be made, and that it
is appropriate to do so by varying the Agreement pursuant to s.218A of the Act. In the present
case, the errors are readily identified, and are corrections needed to make the Agreement
accurately reflect what was clearly intended. The AMWU, AWU, CEPU, CPSU, CFMEU,
HSU, MEAA, TWU and UWU have been consulted with on the amendments sought by the
Applicant. There are no reasons not to exercise my discretion and good reasons to do so. The
errors identified at paragraph 9, will be amended as per the order.
Order
[17] I order, pursuant to s.218A of the Act, that the Agreement be varied as follows:
1. At subclause E4.15 amend the clause to include the following at the end of the clause
“or the commencement of the Agreement, whichever is the latter”;
2. At subclause E4.25 amend the clause to remove “(1 January 2024 to 31 December
2024)”;
3. Amend subclause F6.17 to replace F6.7 with G6.7; and
4. At Clause E10, made the following amendments:
(a) At clause E10.3.12, amend “The 25 December (Christmas Day) or one of
the following:” to “The 25 December (Christmas Day); and”
(b) At clause E10.3.12(a) amend “If Christmas Day falls on a Saturday, the
following Monday” to “If Christmas Day falls on a Saturday, the following
Monday; or”
(c) At clause E10.3.13 amend “The 26 December (Boxing Day) or one of the
following:” to “The 26 December (Boxing Day) and:”
[2024] FWCA 157
5
(d) At clause E10.3.13(a) amend “If Boxing Day falls on a Saturday – the
following Monday;” to “If Boxing Day falls on a Saturday – the following
Monday; or”
[18] The variations pursuant to s.218A above will operate from 23 January 2024.
[19] The Applicant has simultaneously submitted a copy of the Agreement with the
variations listed at paragraph 9. The Agreement, as varied, will be published with this Decision.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE523118 PR770229
NORK COMMISSION THE SEAI
[2024] FWCA 157
6
Annexure A
THE FAIR WORK COMM ISSION
FWC Matter No.:
AG2023/5155
Applicant:
ACT Public Sector
Section 185 -Applicat.ion for approval of a single enterprise agreement
Undertaking - Section 190
I, Geoffrey Rutledge, Deputy Di rector-General have t he aut hority given to me by the ACT
Government to give the following undertakings w ith respect to the ACT PU1blic Sector Technical and
Other Professiona l Enterprise Agreement 2023-2026 (" the Agreement"):
1. I undertake on beha lf of t he ACT Government t o apply the minimum amount payable in
respect of the supported wage provision at clause 04.1 of t he Agreement that t he min imum
amount payable is not to be less t han 10% of t he second point of the ASOl pay range, as set
out in the ACTPS Administrative and Related Cl assifications Enterprise Agreement 2023-
2026.
This undertaking is provided on t he basis of Issues raised by the Fair Work Commission In t he
application before t he Fair Work Commission.
Signat ure --'fJ:P'RRP-•~--=~p,::..... _ _
Date 4 January 2024
THE FAIR WORK COMMISSION FWC Matter No .: AG2023/5155 Applicant: ACT Public Sector Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Geoffrey Rutledge, Deputy Director-General have the authority given to me by the ACT Government to give the following undertakings with respect to the ACT Public Sector Technical and Other Professional Enterprise Agreement 2023-2026 ("the Agreement"): 1. I undertake on behalf of the ACT Government to apply the minimum amount payable in respect of the supported wage provision at clause D4.1 of the Agreement that the minimum amount payable is not to be less than 10% of the second point of the ASO1 pay range, as set out in the ACTPS Administrative and Related Classifications Enterprise Agreement 2023- 2026. This undertaking is provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature Date 4 January 2024
ACT PUBLIC SECTOR
TECHNICAL AND OTHER
PROFESSIONAL ENTERPRISE
AGREEMENT
2023-2026
Note - this agreement is to be read together with an undertaking given by the
employer. The undertaking is taken to be a term of the agreement. A copy of it
can be found at the end of the agreement.
ACT
Government
Note - this agreement is to be read together with an undertaking given by the employer. The undertaking is taken to be a term of the agreement. A copy of it can be found at the end of the agreement.
Page 2 of 260
This page intentionally left blank
Page 3 of 260
TABLE OF CONTENTS
DICTIONARY 13
Section A Scope of Agreement ............................................................................ 16
A1 - TITLE ..................................................................................................................................................... 16
A2 - MAIN PURPOSE .................................................................................................................................... 16
A3 - APPLICATION AND COVERAGE .............................................................................................................. 18
A4 - COMMENCEMENT AND DURATION ...................................................................................................... 19
A5 - OPERATION OF THE AGREEMENT ......................................................................................................... 19
A6 - AUTHORITY OF THE HEAD OF SERVICE (AND PUBLIC SECTOR EMPLOYERS WITH HEAD OF SERVICE POWERS)
20
A7 - AUTHORITY OF THE PUBLIC SECTOR STANDARDS COMMISSIONER ...................................................... 21
A8 - FLEXIBILITY TERM ................................................................................................................................. 21
A9 - WORK ORGANISATION ......................................................................................................................... 22
A10 - TERMINATION OF AGREEMENT .......................................................................................................... 23
Section B Working in the ACT Public Sector ......................................................... 24
B1 - ACHIEVING A BETTER WORK AND LIFE BALANCE .................................................................................. 24
B2 - TYPES OF EMPLOYMENT ....................................................................................................................... 24
B3 - FIXED TERM EMPLOYMENT FOR SEASONAL EMPLOYEES ...................................................................... 24
B4 - JOINT SELECTION COMMITTEES ............................................................................................................ 25
B5 - PROBATION .......................................................................................................................................... 25
B6 - RECORD KEEPING .................................................................................................................................. 26
B7 - REVIEW OF EMPLOYMENT STATUS ....................................................................................................... 26
B8 - SECURE EMPLOYMENT .......................................................................................................................... 26
B9 - SECURE WORKFORCE CONVERSION PROCESS ....................................................................................... 27
B10 - NOTICE OF TERMINATION ................................................................................................................... 27
B11 - FLEXIBLE WORKING ARRANGEMENTS AND EMPLOYEE SUPPORT ....................................................... 27
B12 - MANAGEMENT OF WORKING HOURS ................................................................................................. 28
B13 - SCHEDULING OF MEETINGS ................................................................................................................. 28
B14 - CASUAL EMPLOYMENT ARRANGEMENTS ............................................................................................ 28
B15 - HOURS OF WORK FOR SHIFT WORKERS .............................................................................................. 29
Page 4 of 260
B16 - ACCRUED DAYS OFF (ADOS) ................................................................................................................ 31
B17 - HOURS OF WORK FOR NON-SHIFT WORKERS ..................................................................................... 32
B18 - FLEXTIME ............................................................................................................................................ 33
B19 - FLEXIBLE WORKING ARRANGEMENTS ................................................................................................. 35
B20 - MAKING A REQUEST FOR A FLEXIBLE WORKING ARRANGEMENT ....................................................... 36
B21 - REGULAR PART-TIME EMPLOYMENT ................................................................................................... 38
B22 - JOB SHARING ...................................................................................................................................... 39
B23 - PART-TIME EMPLOYMENT FOLLOWING BIRTH LEAVE, PRIMARY CARE GIVER LEAVE, ADOPTION, PERMANENT OR
LONG TERM CARE LEAVE OR PARENTAL LEAVE ............................................................................................ 39
B24 - HOME BASED WORK ........................................................................................................................... 40
B25 - EMPLOYEE ASSISTANCE PROGRAM ..................................................................................................... 40
B26 - VACATION CHILDCARE SUBSIDY .......................................................................................................... 41
B27 - FAMILY CARE COSTS ............................................................................................................................ 41
B28 - NURSING EMPLOYEES ......................................................................................................................... 41
B29 - TRANSFER OF MEDICALLY UNFIT STAFF .............................................................................................. 41
B30 - TRANSFER TO A SAFE JOB DURING PREGNANCY ................................................................................. 42
Section C Rates of Pay and Allowances ............................................................... 43
C1 - PART-TIME EMPLOYMENT .................................................................................................................... 43
C2 - PAY INCREASES ..................................................................................................................................... 43
C3 - METHOD OF PAYMENT ......................................................................................................................... 43
C4 - PAYROLL DEDUCTION FOR UNION FEES ................................................................................................ 43
C5 - PAY POINTS AND INCREMENTS ............................................................................................................. 43
C6 - ENTRY LEVEL PROGRAMS ...................................................................................................................... 44
C7 - HIGHER DUTIES ALLOWANCE ................................................................................................................ 45
C8 - PAYMENT FOR SHIFT WORKERS ............................................................................................................ 46
C9 - OVERTIME ............................................................................................................................................. 46
C10 - REST RELIEF AFTER OVERTIME ............................................................................................................. 48
C11 - PAYMENT FOR PUBLIC HOLIDAY DUTY ................................................................................................ 48
C12 - DAYLIGHT SAVING ARRANGEMENTS ................................................................................................... 48
C13 - ON-CALL ALLOWANCES ....................................................................................................................... 49
C14 - CLOSE-CALL ALLOWANCE .................................................................................................................... 49
Page 5 of 260
C15 - REST RELIEF FOR ON-CALL OR CLOSE-CALL SITUATIONS ...................................................................... 50
C16 - EMERGENCY DUTY .............................................................................................................................. 51
C17 - EMERGENCY MANAGEMENT PROVISION ............................................................................................ 51
C18 - HEALTH AND WELLBEING PAYMENT ................................................................................................... 52
C19 - DIRECTORATE LIAISON OFFICER (DLO) ALLOWANCE ........................................................................... 52
C20 - OTHER ALLOWANCES .......................................................................................................................... 53
C21 - REIMBURSEMENT OF REASONABLE RELOCATION EXPENSES ............................................................... 55
Section D Pay Related Matters ............................................................................ 56
D1 - SALARY SACRIFICE ARRANGEMENTS ..................................................................................................... 56
D2 - ATTRACTION AND RETENTION INCENTIVES .......................................................................................... 56
D3 - CLASSIFICATION AND WORK VALUE REVIEW ........................................................................................ 56
D4 - SUPPORTED WAGE SYSTEM .................................................................................................................. 57
D5 - OVERPAYMENTS ................................................................................................................................... 57
D6 - UNDERPAYMENTS ................................................................................................................................ 58
D7 - SUPERANNUATION ............................................................................................................................... 58
D8 - PAYMENT ON DEATH ............................................................................................................................ 59
Section E Leave ................................................................................................... 60
E1 - PART-TIME EMPLOYEES ......................................................................................................................... 60
E2 - LEAVE BELOW ONE DAY ........................................................................................................................ 60
E3 - NON-APPROVAL OF LEAVE .................................................................................................................... 60
E4 - PERSONAL LEAVE .................................................................................................................................. 60
E5 - PERSONAL LEAVE IN SPECIAL, EXTRAORDINARY OR UNFORESEEN CIRCUMSTANCES ............................ 65
E6 - INFECTIOUS DISEASE CIRCUMSTANCES ................................................................................................. 65
E7 - ANNUAL LEAVE ..................................................................................................................................... 65
E8 - ANNUAL LEAVE LOADING ...................................................................................................................... 68
E9 - PURCHASED LEAVE ................................................................................................................................ 69
E10 - PUBLIC HOLIDAYS ................................................................................................................................ 71
E11 - CHRISTMAS SHUTDOWN ..................................................................................................................... 72
E12 - COMPASSIONATE LEAVE ..................................................................................................................... 73
E13 - COMMUNITY SERVICE LEAVE .............................................................................................................. 74
Page 6 of 260
E14 - BIRTH LEAVE ........................................................................................................................................ 77
E15 - SPECIAL BIRTH LEAVE .......................................................................................................................... 80
E16 - PRIMARY CARE GIVER LEAVE ............................................................................................................... 81
E17 - PARENTAL LEAVE ................................................................................................................................. 83
E18 - BONDING LEAVE .................................................................................................................................. 85
E19 - GRANDPARENTAL LEAVE ..................................................................................................................... 86
E20 - ADOPTION, PERMANENT OR LONG TERM CARE LEAVE ....................................................................... 88
E21 - FOSTER AND SHORT-TERM CARE LEAVE .............................................................................................. 90
E22 - CONCURRENCY CARE ENTITLEMENT TO ADOPTION OF PERMANENT CARE LEAVE .............................. 92
E23 - FAMILY, DOMESTIC OR SEXUAL VIOLENCE LEAVE ................................................................................ 92
E24 - RECOVERY LEAVE ARRANGEMENTS FOR EMPLOYEES ABOVE SENIOR OFFICER GRADE A AND EQUIVALENT 94
E25 - LONG SERVICE LEAVE .......................................................................................................................... 95
E26 - DISABILITY LEAVE .............................................................................................................................. 101
E27 - SURROGACY LEAVE ........................................................................................................................... 102
E28 - GENDER AFFIRMATION LEAVE ........................................................................................................... 104
E29 - ASSISTED REPRODUCTIVE LEAVE ....................................................................................................... 106
E30 - OTHER LEAVE .................................................................................................................................... 107
Section F Communication and Consultation ...................................................... 110
F1 - CONSULTATION ................................................................................................................................... 110
F2 - FREEDOM OF ASSOCIATION ................................................................................................................ 112
F3 - RIGHT OF EXISTING AND NEW EMPLOYEES TO REPRESENTATION IN THE WORKPLACE ....................... 112
F4 - CO-OPERATION AND FACILITIES FOR UNIONS AND OTHER EMPLOYEE REPRESENTATIVES .................. 113
F5 - ATTENDANCE AT INDUSTRIAL RELATIONS COURSES AND SEMINARS .................................................. 114
F6 - DISPUTE AVOIDANCE AND SETTLEMENT PROCEDURES ....................................................................... 114
F7 - PRIVATISATION ................................................................................................................................... 116
Section G Workplace Values and Behaviours ..................................................... 117
G1 - INTRODUCTION .................................................................................................................................. 117
G2 - PRELIMINARY ASSESSMENT ................................................................................................................ 118
G3 - COUNSELLING ..................................................................................................................................... 119
G4 - MISCONDUCT AND DISCIPLINE ........................................................................................................... 119
Page 7 of 260
G5 - DEALING WITH ALLEGATIONS OF MISCONDUCT ................................................................................. 120
G6 - REASSIGNMENT, TRANSFER OR SUSPENSION ..................................................................................... 121
G7 - INVESTIGATIONS ................................................................................................................................ 122
G8 - FINDINGS OF MISCONDUCT ................................................................................................................ 123
G9 - DISCIPLINARY ACTION AND SANCTIONS ............................................................................................. 124
G10 - CRIMINAL CHARGES .......................................................................................................................... 125
G11 - RIGHT OF APPEAL ............................................................................................................................. 126
Section H Underperformance ............................................................................ 127
H1 - INTRODUCTION .................................................................................................................................. 127
H2 - UNDERPERFORMANCE ....................................................................................................................... 127
H3 - APPEAL RIGHTS ................................................................................................................................... 129
Section I Internal Review Procedures ............................................................... 130
I1 - OBJECTIVES AND APPLICATION ............................................................................................................ 130
I2 - DECISIONS AND ACTIONS EXCLUDED ................................................................................................... 130
I3 - INITIATING A REVIEW ........................................................................................................................... 131
I4 - REVIEW PROCESS ................................................................................................................................. 131
I5 - RIGHT OF EXTERNAL REVIEW ............................................................................................................... 133
Section J Appeal Mechanism for Misconduct, Underperformance and Other
Matters .............................................................................................. 134
J1 - OBJECTIVE AND APPLICATION ............................................................................................................. 134
J2 - INITIATING AN APPEAL ........................................................................................................................ 134
J3 - INDEPENDENT APPEAL MEMBERS ....................................................................................................... 135
J4 - POWERS AND ROLE OF THE INDEPENDENT APPEAL MEMBER ............................................................. 135
J5 - COSTS .................................................................................................................................................. 136
J6 - RIGHT OF EXTERNAL REVIEW ............................................................................................................... 136
Section K Appeal and Process Reviews of certain recruitment decisions ........... 137
K1 - APPLICATION ...................................................................................................................................... 137
K2 - APPEALS ABOUT PROMOTIONS AND TEMPORARY TRANSFER TO HIGHER OFFICE .............................. 137
K3 - PROCESS REVIEW ................................................................................................................................ 138
Page 8 of 260
Section L Redeployment and Redundancy ........................................................ 140
L1 - DEFINITIONS ........................................................................................................................................ 140
L2 - APPLICATION ....................................................................................................................................... 140
L3 - CONSULTATION ................................................................................................................................... 140
L4 - NOTIFICATION ..................................................................................................................................... 141
L5 - REDEPLOYMENT .................................................................................................................................. 141
L6 - VOLUNTARY REDUNDANCY ................................................................................................................. 142
L7 - RETENTION PERIOD FOR EXCESS OFFICERS .......................................................................................... 143
L8 - REDUCTION IN CLASSIFICATION........................................................................................................... 144
L9 - INVOLUNTARY RETIREMENT ................................................................................................................ 144
L10 - INCOME MAINTENANCE PAYMENT ................................................................................................... 144
L11 - LEAVE AND EXPENSES TO SEEK EMPLOYMENT .................................................................................. 145
L12 - USE OF PERSONAL LEAVE................................................................................................................... 145
L13 - APPEALS ............................................................................................................................................ 145
L14 - AGREEMENT NOT TO PREVENT OTHER ACTION ................................................................................. 145
L15 - RE-ENGAGEMENT OF PREVIOUSLY RETRENCHED OFFICERS ............................................................... 145
Section M Fire Related Activities ........................................................................ 146
M1 - APPLICATION ..................................................................................................................................... 146
M2 - FIRE TRAINED EMPLOYEES ................................................................................................................. 146
M3 - TRAINING ........................................................................................................................................... 146
M4 - FITNESS STANDARDS ......................................................................................................................... 146
M5 - ROSTERING AND DUTY ALLOCATION ................................................................................................. 147
M6 - DEFINITION OF INCIDENT LEVELS, COMMENCEMENT AND CESSATION .............................................. 147
M7 - DEFINITIONS FOR FIRE-RELATED ACTIVITIES ...................................................................................... 147
M8 - INCIDENT RATE OF PAY (IROP) ........................................................................................................... 147
M9 - OTHER PAYMENTS AND BENEFITS ..................................................................................................... 148
Section N Chief Minister, Treasury and Economic Development Directorate Specific
Matters .............................................................................................. 150
N1 - APPLICATION ...................................................................................................................................... 150
N2 - WORKPLACE HEALTH AND SAFETY INITIATIVE .................................................................................... 150
Page 9 of 260
N3 - HOURS OF WORK – ACTAS PROFESSIONAL OFFICERS (ACTAS PO) ...................................................... 150
N4 - APPLICATION ...................................................................................................................................... 150
N5 - COMMENCE START AND FINISH WORK ON THE JOB ........................................................................... 150
N6 - ACT PROPERTY GROUP COMPOSITE ALLOWANCES ............................................................................ 150
N7 - TIME OFF IN LIEU ................................................................................................................................ 151
N8 - LEAVE LOADING FOR SHIFT WORKERS ................................................................................................ 151
N9 - APPLICATION ...................................................................................................................................... 151
N10 - ELIGIBILITY FOR PAYMENT OF OVERTIME – ICT SENIOR OFFICER EMPLOYEES .................................. 151
N11 - INFORMATION TECHNOLOGY OFFICER POST GRADUATE.................................................................. 152
N12 - APPLICATION .................................................................................................................................... 152
N13 - COMMITMENT TO PROFESSIONALISM ............................................................................................. 152
N14 - ACCESS CANBERRA REGULATORY CLASSIFICATION ........................................................................... 152
N15 - LEVEL ADVANCEMENT – INSPECTORS ............................................................................................... 152
N16 - INDIVIDUAL ASSESSMENT PROCESS .................................................................................................. 152
Section O Community Services Directorate Specific Matters .............................. 154
O1 - PREAMBLE .......................................................................................................................................... 154
O2 - DEVELOPMENT OF THE CYPP CLASSIFICATION STRUCTURE ................................................................ 154
O3 - VARIED APPLICATION OF OTHER CLAUSES FOR CYPP CLASSIFICATIONS ............................................. 155
O4 - PROFESSIONAL DEVELOPMENT SUPPORT ........................................................................................... 155
O5 - CYPP WORKLOAD REVIEW .................................................................................................................. 156
Section P Environment, Planning and Sustainable Development Directorate
Specific Matters ................................................................................. 157
P1 - APPLICATION ...................................................................................................................................... 157
P2 - WORKPLACE HEALTH AND SAFETY INITIATIVE .................................................................................... 157
P3 - APPLICATION ...................................................................................................................................... 157
P4 - WORK IN EXTREME WEATHER CONDITIONS ....................................................................................... 157
P5 - AGENCY REPRESENTATIVE .................................................................................................................. 157
P6 - ARRANGEMENTS SPECIFIC TO FIELD STAFF ......................................................................................... 158
Section Q Education Directorate Specific Matters .............................................. 159
Q1 - APPLICATION ...................................................................................................................................... 159
Page 10 of 260
Q2 - ORDINARY HOURS OF WORK .............................................................................................................. 159
Q3 - FLEXTIME FOR EMPLOYEES BASED IN SCHOOLS.................................................................................. 159
Q4 - RECORDING OF ATTENDANCE ............................................................................................................. 159
Q5 - WORKPLACE HEALTH AND SAFETY ..................................................................................................... 159
Q6 - HEALTH AND SAFETY REPRESENTATIVES ............................................................................................ 160
Q7 - PURCHASED LEAVE ............................................................................................................................. 160
Q8 - MANAGING EMPLOYEE ABSENCES ..................................................................................................... 160
Q9 - TRAVELLING ENTITLEMENT – CERTAIN WORKPLACES ......................................................................... 160
Q10 - PERFORMANCE AND DEVELOPMENT ................................................................................................ 161
Q11 - PERFORMANCE AND DEVELOPMENT PLANS (PDP) ........................................................................... 161
Section R ACT Health Directorate, Canberra Health Services and Calvary Health
Care ACT Ltd Specific Matters ............................................................ 162
R1 - APPLICATION ...................................................................................................................................... 162
R2 - INFECTION CONTROL .......................................................................................................................... 162
R3 - HEALTH ASSESSMENT ......................................................................................................................... 162
R4 - BROADBANDING ................................................................................................................................. 162
R5 - SAFE TRAVEL ....................................................................................................................................... 162
R6 - PAID MEAL BREAKS ............................................................................................................................. 162
R7 - OVERTIME ARRANGEMENTS FOR CASUAL EMPLOYEES ....................................................................... 163
R8 - OVERTIME ARRANGEMENTS FOR PART-TIME EMPLOYEES.................................................................. 163
R9 - TRANSLATION OF TECHNICAL OFFICERS TO ALLIED HEALTH ASSISTANT STRUCTURE .......................... 164
R10 - TRANSFER OF MEDICALLY UNFIT STAFF ............................................................................................ 164
R11 - TRANSFER OF POTENTIALLY EXCESS STAFF........................................................................................ 164
R12 - PAYMENT FOR SHIFTWORKERS EMPLOYED AS STERILISING SERVICES HEALTH SERVICE OFFICERS AND
STERILISING SERVICES TECHNICAL OFFICERS .............................................................................................. 164
R13 - STERILISING SERVICES – TRAINING AND ASSESSMENT ...................................................................... 164
R14 - ACUTE SUPPORT, INPATIENT SERVICES, NUTRITION DEPARTMENT .................................................. 166
R15 - APPLICATION .................................................................................................................................... 166
R16 - RELOCATION ALLOWANCE ................................................................................................................ 166
R17 - SHIFT WORK ...................................................................................................................................... 167
R18 - ALTERATION OF SERVICE HOURS ...................................................................................................... 167
Page 11 of 260
R19 - APPLICATION .................................................................................................................................... 168
R20 - 12 HOUR SHIFT ROSTER PATTERN – WARD SERVICES, CALVARY HOSPITAL ....................................... 168
R21 - LEGAL SUPPORT ................................................................................................................................ 169
R22 - AMENITIES ........................................................................................................................................ 170
R23 - APPEAL MECHANISM FOR MISCONDUCT AND OTHER MATTERS ...................................................... 170
R24 - CONVENOR OF APPEALS ................................................................................................................... 170
R25 - TRANSITION OF FORMER CALVARY EMPLOYEES ............................................................................... 170
R26 - CANBERRA HOSPITAL EMPLOYEES .................................................................................................... 171
R27 - SUPERANNUATION FOR FORMER CALVARY EMPLOYEES .................................................................. 171
Section S Justice and Community Safety Directorate Specific Matters .............. 173
S1 - APPLICATION ....................................................................................................................................... 173
S2 - REIMBURSEMENT OF TRADE AND TECHNICAL LICENCES AND PROFESSIONAL FEES ............................ 173
Section T Transport Canberra and City Services Directorate Specific Matters .... 174
T1 - APPLICATION....................................................................................................................................... 174
T2 - WORKPLACE HEALTH AND SAFETY ...................................................................................................... 174
T3 - TIME OFF IN LIEU ................................................................................................................................. 174
T4 - LEAVE LOADING FOR SHIFT WORKERS ................................................................................................ 174
T5 - APPLICATION....................................................................................................................................... 174
T6 - ARRANGEMENTS SPECIFIC TO FIELD STAFF ......................................................................................... 174
T7 - APPLICATION....................................................................................................................................... 175
T8 - WORK AT ANY LOCATION .................................................................................................................... 175
Section U Office of the Work, Health and Safety Commissioner ........................ 176
U1 - APPLICATION ...................................................................................................................................... 176
U2 - COMMITMENT TO ONGOING DEVELOPMENT..................................................................................... 176
U3 - WORK HEALTH AND SAFETY INITIATIVE .............................................................................................. 176
U4 - APPLICATION ...................................................................................................................................... 176
U5 - COMMITMENT TO PROFESSIONALISM ............................................................................................... 176
U6 - REGULATORY CLASSIFICATION ........................................................................................................... 176
U7 - LEVEL ADVANCEMENT - INSPECTORS .................................................................................................. 176
U8 - INDIVIDUAL ASSESSMENT PROCESS.................................................................................................... 177
Page 12 of 260
U9 - INSPECTORATE SERVICE DELIVERY REQUIREMENTS............................................................................ 177
Section V Additional Agreed Technical and Other Professional Matters ............ 179
V1 - ENGINEERING SERVICES AND OTHER TECHNICAL PROFESSIONALS CLASSIFICATION REVIEW .............. 179
Section W ‘Low Wage’ Salary Floor Increases and Classification Review ............. 180
W1 - ‘LOW WAGE’ SALARY FLOOR INCREASES ........................................................................................... 180
W2 - ‘LOW WAGE’ CLASSIFICATION REVIEW .............................................................................................. 180
Section X Transitional Arrangements for Professional Officer 1.1 and 1.2 ......... 181
Section Y Transitional Arrangements for Technical Officer 1.1 and 1.2 .............. 182
ANNEX A – CLASSIFICATIONS AND RATES OF PAY ................................................... 183
ANNEX B – ATTRACTION AND RETENTION INCENTIVES ........................................... 200
ANNEX C – EXPENSE, DISABILITY AND SKILL RELATED ALLOWANCES ....................... 208
ANNEX D – OTHER LEAVE ........................................................................................ 246
Page 13 of 260
DICTIONARY
Accrued Day Off (ADO) means a day or shift off duty for an employee using bankable leave accrued as a result of
increasing the employee’s daily hours of work – e.g. from 7 hours 36 minutes to 8 hours.
ACTPS means the public sector established by the PSM Act. To avoid doubt, this includes Calvary Health Care ACT Limited.
Agreement means the ACT Public Sector ACT Public Sector Technical and Other Professional Enterprise Agreement 2023–
2026 and includes all Annexes and Schedules.
Appointed means an appointment in accordance with Part 5 Division 5.3 of the PSM Act.
Assisted Reproductive Leave means the following assisted reproductive treatments: Intrauterine insemination (IUI), In
vitro fertilisation (IVF) and Intracytoplasmic sperm injection (ICSI) and related medical appointments.
Business Day means any day of the week that is a Monday to Friday, which is not a Public Holiday.
Business/Work Unit means any particular work unit in the ACTPS; e.g. a section, branch, division, project team or
administrative unit.
Carer means an employee who provides in addition to the employee’s normal family responsibilities, care and support on
a regular basis to other family members or other persons who are sick or ageing, have an injury, have a physical or mental
illness or a disability.
Casual Employee means a person engaged under section 111 of the PSM Act to perform work with no firm advance
commitment to continuing and indefinite work according to an agreed pattern of work.
Child includes children in the case of multiple births.
Consultation means providing relevant information to employees and their union or other employee representatives. It
means more than a mere exchange of information. For consultation to be effective the participants must be contributing to
the decision-making process not only in appearance but in fact.
Counts as service for all purposes means also the provision of employer superannuation contributions to the extent of an
employee’s superannuation fund rules.
Directorate means an administrative unit so named or other government agency within the meaning of the PSM Act and
Calvary Health Care ACT Limited.
DCC means the Directorate Consultative Committee established under clause F1 - of this Agreement.
Director-general means a person engaged under subsection 31(2) of the PSM Act as the director-general of the
directorate and includes a person who exercises head of service powers in relation to the appointment, engagement and
employment of staff in a government agency in accordance with the PSM Act or other Territory law, but only in relation to
staff of that government agency.
Disability means a permanent or ongoing physical or psychological disability attributable to one or more intellectual,
cognitive, neurological, sensory or physical impairments or to one or more impairments attributable to a psychiatric
condition.
Domestic Partnership means a relationship between 2 people, whether of a different or the same sex, living together as a
couple on a genuine domestic basis.
Eligible Casual Employee means an employee for which all of the following apply:
(a) They have been employed as a casual employee.
(b) They have been employed by the ACTPS on a regular and systematic basis for a sequence of periods of
employment during a period of at least 12 months.
(c) They have a reasonable expectation of continuing to be employed by the ACTPS on a regular and systematic basis.
Page 14 of 260
Employee means (unless there is a clear intention in this Agreement to restrict the meaning) an officer or a casual
employee or a temporary employee who is employed or engaged under the PSM Act in a classification set out in Annex A,
excluding a person engaged as head of service under subsection 31(1) of the PSM Act, persons engaged as directors-
general under subsection 31(2) of the PSM Act, or persons engaged as executives under subsection 31(2) of the PSM Act.
Employee Representative means any person chosen by an employee, or a group of employees, to represent the
employee(s).
Family Violence is as defined under the Family Violence Act (ACT) 2016.
FW Act means the Fair Work Act 2009.
FWC means Fair Work Commission.
Fair work Regulations or FW Regulations mean the Fair Work Regulations 2009.
Head of service means a person engaged under subsection 31(1) of the PSM Act as the head of service and the head of
service for the ACT Long Service Leave Authority or a person who exercises head of service powers in relation to the
appointment, engagement and employment of staff in a government agency in accordance with the PSM Act or other
territory law, but only in relation to staff of that government agency.
Household Member means a person (other than the employee’s immediate family) residing in the employee’s normal
place of residence at the time of their illness, injury, emergency or death.
Immediate Family means a person who is any of the following:
(a) A domestic partner (including a former domestic partner).
(b) A child or an adult child, parent, grandparent, grandchild or sibling of the employee or domestic partner
of the employee.
(c) A person related to the employee by Aboriginal or Torres Strait Islander kinship structures.
(d) A child who is the subject of a permanent caring arrangement.
(e) An adopted child.
‘Immediate family’ includes adopted, step-, fostered or ex-nuptial immediate family where these circumstances
exist. Additionally, the head of service may consider that the definition of ‘immediate family’ be extended for a
particular decision involving an employee where exceptional circumstances exist. This might include other close
family members or an employee who lives alone and has no-one to nominate as ‘immediate family’, may
nominate one person, in similar circumstances, for the purpose of caring responsibilities.
Long-term Temporary means a person who is engaged under the PSM Act for a period of 12 months or more.
Manager means a person who has responsibility for planning, organising and leading a work unit or group activity.
Miscarriage is as defined under the Fair Work Act 2009 (Cth).
National Employment Standards means Part 2-2 of the Fair Work Act 2009 (Cth), as amended from time to time.
Officer means a person who is appointed as an officer under Division 5.3 of the PSM Act. Note: Permanent staff are
officers.
Permanent or Long Term Caring Responsibility means an out of home care placement for a child until the child turns 18
as defined by the Children and Young People Act 2008 (ACT) or as defined under equivalent legislation within other
Australian states or territories.
Primary Care Giver is a person who is the primary carer of a child in the person’s reference period if the child is in the
person’s care in that period and the person meets the child’s physical needs more than anyone else in that period.
Public Sector Management Act or (PSM Act) means the Public Sector Management Act 1994 as varied, or replaced.
Page 15 of 260
Public Sector Management Standards or (PSM Standards) means the Public Sector Management Standards as varied
made under section 251 of the PSM Act.
Public sector standards commissioner means a person appointed under section 142 of the PSM Act.
Registered Health Professional means a health professional registered, or licensed, as a health professional (or as a health
professional of a particular type) under a law of a State or Territory that provides for the registration or licensing of health
professionals (or health professionals of that type).
Registered Medical Practitioner means a person registered, or licensed as a medical practitioner under a law of a state or
territory that provides for the registration or licensing of medical practitioners.
Registered Midwife means a person whose name is included in the Register of Midwives kept by the National Board for
midwifery.
Rostered Day Off or (RDO) means any one or more days rostered off duty without pay.
Service or ACT Public Service means the ACT Public Service established by the PSM Act.
Short Term Care means an out of home care placement for a child (or children) of up to 2 years duration as defined by the
Children and Young People Act 2008 (ACT) or as defined under equivalent legislation within other Australian states or
territories.
Short-term Temporary Employee means an employee engaged under the PSM Act for a period of less than 12 months.
Standard Hours are the hours used for calculating salary and leave entitlements. For a 36.75 hours per week position
standard hours are from 8:30 am to 12:30 pm and from 1:30 pm to 4:51 pm Monday to Friday and for a 38 hours per week
position standard hours are from 8:30 am to 12:30 pm and from 1:30 pm to 5:06pm pm Monday to Friday (unless
otherwise agreed in writing by the employee and the manager or supervisor).
Stillbirth/Stillborn Child is as defined under the Fair Work Act 2009 (Cth).
Strategic Board means the senior management team, comprising the head of service and the 8 directors-general,
responsible for providing whole-of-government leadership and strategic direction to the ACT Public Service.
Supervisor means a person who has direct supervisory responsibility for one or more employees in a business unit or
group activity.
Temporary Employee means a person engaged under the PSM Act for a specific period of time or for a specified task
under Division 5.8 of the PSM Act, excluding a person engaged under section 31(1) of the PSM Act as head of service,
persons engaged as directors-general under section 31(2) of the PSM Act or persons engaged as executives under section
31(2) of the PSM Act.
Union(s) means a union or unions which are covered by this Agreement, who are registered under the Fair Work
(Registered Organisations) Act 2009 (Cth).
WHS Act means the Work Health and Safety Act 2011.
Page 16 of 260
Section A Scope of Agreement
A1 - Title
A1.1 This Agreement, made under section 172 of the Fair Work Act 2009, will be known as the ACT
Public Sector Technical and Other Professional Enterprise Agreement 2023-2026.
A2 - Main Purpose
A2.1 The main purpose of this Agreement is to provide for common terms and conditions that apply
across the Australian Capital Territory Public Sector (ACTPS) and terms and conditions that
reflect the operational and business requirements of particular business units and occupational
groups.
Retaining our people
A2.2 In order to promote permanent employment and job security for employees, the ACTPS will
endeavour to minimise the use of temporary and casual employment.
A2.3 The ACTPS agrees to the use of temporary employees only where there is no officer available
with the expertise, skills or qualifications required for the duties to be performed or the
assistance of a temporary nature is required for the performance of urgent or specialised
work within a particular business unit of the ACTPS and it is not practical in the circumstances
to use the services of an existing officer.
A2.4 Casual employment may be utilised to meet short-term work demands or specialist skill
requirements which are not continuing and would not be anticipated to be met by existing
employee levels. Casual employment must not be utilised for the purpose of undermining
the job security of temporary and permanent employees.
A2.5 In respect of casual employment, a conversion to full-time or part-time permanent
employment will be considered in accordance with the ACT Government’s Secure Workforce
Conversion Process where: regular and systematic patterns of work have existed in the 6
month period prior to the employee’s 12 month anniversary; and where there is a reasonable
expectation that such arrangements can continue, on a part-time or full-time permanent basis
without significant changes.
Note: This is in addition to the FW Act right to request conversion.
A2.6 The ACTPS will continue to consult with unions and employees on the development of
strategies and initiatives that may assist in the successful recruitment and retention of mature
age employees. Such strategies and initiatives will be the subject of discussion and agreement
between the employee and the head of service.
A2.7 These strategies and initiatives may include any of the following:
A2.7.1 Developing flexible working arrangements, such as variable employment, part-year
employment, job sharing and purchased leave.
A2.7.2 Planning phased retirement arrangements for individual mature age employees
who are considering retirement within 4 to 5 years, including through reducing the
employee’s management or higher level responsibilities during a phased
retirement period.
A2.7.3 Examining the implications of current superannuation legislation for using such
flexible employment and working arrangements and informing affected employees
how such implications may be addressed.
A2.7.4 Arranging training to assist the employee in any changing roles the employee may
have as part of the employee’s phased retirement.
A2.7.5 Developing arrangements to facilitate the return of former mature age employees,
including by engaging such persons for a short period in a mentoring capacity.
Page 17 of 260
A2.7.6 At the discretion of the head of service, contributing to the cost to an employee of
financial advice received as part of planning for a phased retirement period.
Attracting future employees
A2.8 The ACTPS will consult with the union(s) through the Directorate Consultative Committee
(DCC) to develop strategies to assist in attracting and retaining suitable employees. This will
involve development of appropriate strategies and processes, including the conduct of
surveys of staff, to assist this objective.
Developing our people
A2.9 The ACTPS will consult and agree with the union(s) on the development and finalisation of
Learning and Development Plans and on the annual key learning and development priorities.
The ACTPS and the union(s) will also agree on the equitable use of resources to address these
priorities and strategies appropriate for the different categories of employees. For the
purposes of this clause, "resources" includes, but is not limited to, employees, time, funding
(where required) and equipment.
A2.10 This Agreement supports a performance culture within the ACTPS that promotes ethical
workplace conduct and rewards employees for their contribution towards the achievement
of the ACTPS’s objectives.
A2.11 It is acknowledged that performance management is important to employee development
and to ensuring that the relationship between corporate, team and individual responsibilities
is aligned to individual, team and organisational objectives.
A2.12 Any performance management schemes in the ACTPS will not include performance pay and will
not be used for disciplinary purposes.
Recognising our people
A2.13 The ACTPS is committed to achieving an environment where employees feel valued for the
contribution they make to achieving organisational goals. The most effective form of
recognition is timely and appropriate feedback. The ACTPS will consult with the union(s) on
other effective ways of recognising and rewarding the achievement of individuals and work
groups.
A2.14 Any outcomes of this consultation will only be implemented by agreement of the ACTPS and
the union(s).
Ensuring fairness
A2.15 The ACTPS recognises and encourages the contribution that people with diverse backgrounds,
experiences and skills can make to the workplace. The ACTPS aims to ensure that this diversity
is able to contribute to effective decision making and delivery of client service.
A2.16 The ACTPS will work with employees to prevent and eliminate discrimination on the basis of
sex, sexuality, gender identity, relationship status, status as a parent or carer, pregnancy,
breastfeeding, race, religious or political conviction, disability, industrial activity, age,
profession, trade, occupation or calling, association, or a spent conviction, in accordance with
the Discrimination Act 1991.
Achieving a better work and life balance
A2.17 The ACTPS is committed to providing employees with a work-life balance that recognises the
family and other personal commitments of employees.
A2.18 The ACTPS acknowledges the commitment and responsibilities that Aboriginal and Torres Strait
Islander employees have to their community, and that Aboriginal or Torres Strait Islander
identity is not left at the door when entering the workplace. The ACTPS recognises that
Aboriginal and Torres Strait Islander employees have the capacity to make a unique and
important contribution and bring a strength to the operations of the Australian Capital
Territory and Public Sector.
Page 18 of 260
A2.19 This Enterprise Agreement provides a number of entitlements specific to Aboriginal and Torres
Strait Islander employees in recognition of their community and cultural responsibilities, and in
this statement expressly recognises the roles that Aboriginal and Torres Strait Islander
employees may be required to undertake as part of their community. Involvement in
community is an on-going function for Aboriginal and Torres Strait Islander peoples and is not
tied to ‘office hours’.
A2.20 It is recognised that commitment to community can result in expectations being placed on
Aboriginal and Torres Strait Islander employees that may not be expected of other
employees, and that Aboriginal and Torres Strait Islander employees may be culturally
bound to the performance of specific functions for their community. It is also recognised
that Aboriginal and Torres Strait Islander employees may be impacted in their lives by a
variety and accumulation of cultural factors.
A2.21 Within and subject to operational requirements, supervisors and managers should seek to work
with Aboriginal and Torres Strait Islander employees to support utilising the appropriate
entitlements contained in this Agreement and achieve an appropriate balance between cultural
and community responsibilities, and workplace duties.
Promoting a healthy and safe working environment
A2.22 The ACTPS is committed to promoting, achieving and maintaining the highest levels of health
and safety for all employees.
A2.23 The ACTPS is committed to facilitating workforce participation at a level that meets the needs
of each individual and accounts for their particular circumstances.
A2.24 The ACTPS will take all reasonable steps and precautions to provide a healthy, safe and secure
workplace for the employee. The ACTPS and all employees will act in a manner that is
consistent with the Work Health and Safety Act (WHS Act).
A2.25 Further, given the clear evidence of the benefits and cost effectiveness of workplace health
initiatives for both employers and employees, the ACTPS will develop health and wellbeing
policies and programs that promote healthy lifestyles and help maintain a high standard of
physical and mental health, along with supporting individual workplace safety and general
wellbeing. Such policies and programs may include any of the following:
A2.25.1 Organisational and environmental policies and programs.
A2.25.2 Awareness, training and education programs that promote healthy lifestyles, assist
employees to identify and reduce risk factors.
A2.25.3 Traditional and non-traditional physical activity programs.
Climate change mitigation and sustainability
A2.26 The parties acknowledge all of the following:
A2.26.1 That climate is changing and this affects residents of the ACT.
A2.26.2 The ACT has a long-term emissions reduction target of net zero greenhouse gas
emissions by the year 2050 with a series of interim targets to achieve that goal.
A2.26.3 Education, discussion, information sharing and cooperation in the workplace is an
important part of supporting the achievement of the emissions target.
A3 - Application and Coverage
A3.1 This Agreement applies to and covers all of the following:
A3.1.1 The head of service on behalf of the Australian Capital Territory
A3.1.2 Persons engaged under the Public Sector Management Act 1994 (PSM Act) or
engaged by Calvary at any time when the Agreement is in operation in one of the
classifications in Annex A, except a person engaged as head of service under
Page 19 of 260
section 31(1) of the PSM Act, persons engaged as directors-general under section
31(2) of the PSM Act, or persons engaged as executives under section 31(2) of the
PSM Act, or persons covered by the ACTION Enterprise Agreement 2018-2021, the
ACT Public Sector Canberra Institute of Technology Enterprise Agreement 2018-
2021, the ACT Public Sector Cultural Facilities Corporation Enterprise Agreement
2018-2021, and the ACT Public Sector Office of the Legislative Assembly Enterprise
Agreement 2018-2021 , or where these have been superseded the relevant
enterprise agreement in force at the time.
A3.1.3 ACT Territory Authorities and Instrumentalities that engage persons under the
PSM Act in classifications listed in Annex A of this Agreement.
A3.2 Subject to the Fair Work Commission (FWC) noting in its decision to approve this Agreement
that it covers these unions, this Agreement covers all of the following:
A3.2.1 Australian Manufacturing Workers Union (AMWU)
A3.2.2 Australian Workers’ Union (AWU)
A3.2.3 Communications, Electrical and Plumbing Union of Australia (CEPU) – Electrical
Division (NSW Branch)
A3.2.4 Communications, Electrical and Plumbing Union of Australia (CEPU) – Plumbing
Division (NSW Branch)
A3.2.5 Community and Public Sector Union (CPSU)
A3.2.6 Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)
A3.2.7 Health Services Union (HSU)
A3.2.8 Media, Entertainment and Arts Alliance (MEAA)
A3.2.9 Transport Workers Union of Australia (TWU)
A3.2.10 The Association of Professional Engineers, Scientists and Managers, Australia
(APESMA, also known as Professionals Australia (PA))
A3.2.11 United Firefighters Union of Australia (UFU)
A3.2.12 United Services Union (USU)
A4 - Commencement and Duration
A4.1 This Agreement will commence operation 7 days after it is approved by the FWC.
A4.2 The nominal expiry date of this Agreement is 31 March 2026.
A4.3 The head of service and unions covered by this Agreement agree to commence bargaining for a
new replacement Agreement no later than 8 months prior to the nominal expiry date of this
Agreement.
A4.4 Copies of this Agreement will be made available, in paper or electronic form, to all employees
covered by the Agreement.
A5 - Operation of the Agreement
A5.1 This Agreement is comprehensive and provides the terms and conditions of employment of
employees covered by this Agreement, other than terms and conditions applying under
applicable legislation.
A5.2 Applicable legislation includes all of the following:
A5.2.1 Fair Work Act 2009 (Cth) (FW Act)
A5.2.2 Public Sector Management Act 1994 (ACT) (PSM Act)
A5.2.3 Public Sector Management Standards 2016 (PSM Standards)
Page 20 of 260
A5.2.4 Financial Management Act 1996 (ACT) (FM Act)
A5.2.5 Work Health and Safety Act 2011 (ACT) (WHS Act)
A5.2.6 Holidays Act 1958 (ACT) (Holidays Act)
A5.2.7 Territory Records Act 2002 (ACT) (TR Act)
A5.2.8 Safety, Rehabilitation and Compensation Act, 1988 (Cth) (SRC Act)
A5.2.9 Superannuation Guarantee (Administration) Act 1992 (Cth)
A5.2.10 Integrity Commission Act 2018 (ACT) (IC Act)
A5.2.11 Public Interest Disclosure Act 2012 (ACT) (PID Act)
A5.2.12 Labour Hire Licensing Act 2020 (ACT) (LHL Act)
A5.3 This Agreement constitutes a closed agreement in settlement of all claims for its duration.
Therefore, during the life of this Agreement, there will be no further claims that affect the
provisions of this Agreement, except where these claims are consistent with the terms of this
Agreement. This clause does not limit the rights to vary an agreement under the FW Act .
A5.4 This Agreement will be read and interpreted in conjunction with the National Employment
Standards (NES) of the FW Act. If there is inconsistency between this Agreement and the NES,
and the NES provides greater benefit, the NES provision will apply to the extent of the
inconsistency.
A5.5 This Agreement prevails over ACT legislation, including the PSM Act and the PSM Standards
and relevant policy statements and guidelines to the extent of any inconsistency.
A5.6 To the extent of any inconsistency between a provision in one of the schedules to this
Agreement and sections A to M of this Agreement, the provision in the schedule will prevail.
A6 - Authority of the Head of Service (and Public Sector Employers with Head of Service
Powers)
A6.1 The head of service may, in writing, delegate any power or function that the head of service
has under this Agreement to another person or position within the ACTPS, subject to
directions, except for this power of delegation and the powers under:
A6.1.1 A3.1.1
A6.1.2 A3.1.2
A6.1.3 A4.3
A6.1.4 B9.3
A6.1.5 B9.4
A6.1.6 E10.4.3
A6.1.7 I4.13
A6.1.8 I4.15
A6.1.9 I4.16
A6.1.10 I4.17
A6.1.11 J1.2
A6.1.12 K2.1
A6.1.13 L15 -
A6.1.14 Annex B
A6.1.15 Annex D, section 16 (Campaign for election)
Page 21 of 260
A6.2 This does not limit the power of the head of service to authorise a person to act for and on the
head of service’s behalf.
A6.3 Only directors-general may, in writing, sub-delegate a power or function delegated to them
by the head of service.
Public sector employers and Calvary Health Care Limited ACT Limited
A6.4 Certain statutory office-holders and chief executive officers are defined by section 152 of the
PSM Act to be a public sector employer where a territory law states both of the following:
A6.4.1 They may employ staff.
A6.4.2 The staff must be employed under the PSM Act.
A6.5 Calvary Health Care Limited ACT Limited (Calvary) is defined by section 157 of the PSM Act to
be an employer of a public hospital employee where a services agreement is in force between
the Australian Capital Territory and Calvary for a public hospital employee to be employed by
Calvary to provide public health services to the Australian Capital Territory.
A6.6 Where a statutory office-holder or chief executive officer is a public sector employer, or
where Calvary is an employer of a public hospital employee, then a reference to the head of
service in this Agreement will be taken to mean the public sector employer or Calvary (as
applicable) such that the public sector employer or Calvary (as applicable) may exercise any
power or function that the head of service has under this Agreement, except for the powers
under subclause J1.2 and subclause K2.1.
A6.7 A public sector employer or Calvary (as applicable) may, in writing, delegate any power or
function they have under this Agreement to another person or position within the ACTPS (or
Calvary as applicable), subject to directions, except for this power of delegation.
A6.8 This does not limit the power of a public sector employer or Calvary (as applicable) to
authorise a person to act for and on behalf of the public sector employer, or Calvary (as
applicable).
A6.9 In this Agreement, reference to the head of service may be taken to mean delegate of the
public sector employer or Calvary (as applicable) where the public sector employer or Calvary
(as applicable) had delegated the particular power or function under subclause A6.7.
A7 - Authority of the Public Sector Standards Commissioner
A7.1 Where the Public Sector Standards Commissioner has express powers under this Agreement,
only the Public Sector Standards Commissioner may delegate, in writing, those powers to
another person or position within the ACTPS, subject to directions, except for this power of
delegation.
A7.2 This does not limit the power of the Public Sector Standards Commissioner to authorise a
person to act for and on behalf of the Public Sector Standards Commissioner.
A7.3 Where the Public Sector Standards Commissioner is conducting investigations by reference to
section 144(1)(a)(i) of the PSM Act about a matter declared by the Chief Minister in the way
prescribed, the Public Sector Standards Commissioner is not limited to or bound by the
investigation procedures contained in clause G7 - and clause G8 - of this Agreement.
A8 - Flexibility Term
A8.1 The head of service and an individual employee may agree to vary the application of certain
provisions of this Agreement to meet the particular needs of a business unit in the ACTPS and
of the individual employee (an individual flexibility arrangement).
A8.2 The head of service and an individual employee may agree to vary, through an individual
flexibility arrangement, any of the following provisions of this Agreement:
A8.2.1 Vacation childcare subsidy (clause B26 -)
Page 22 of 260
A8.2.2 Family care costs (clause B27 -)
A8.2.3 Emergency duty (clause C16 -).
A8.3 The head of service must ensure that the terms of an individual flexibility arrangement meet all
of the following:
A8.3.1 They would be permitted if the arrangement were an enterprise agreement.
A8.3.2 They do not include a term that would be an unlawful term if the arrangement
were an enterprise agreement.
A8.3.3 They will result in the employee being better off overall than the employee would
have been if no individual flexibility arrangement were agreed to.
A8.4 The head of service must ensure that the individual flexibility arrangement meets all of the
following:
A8.4.1 It identifies the clause in A8.2 of this Agreement that the head of service and the
employee have agreed to vary.
A8.4.2 It sets out details of how the arrangement will vary the effect of the clause.
A8.4.3 It includes details of how the employee will be better off overall in relation to the
terms and conditions of his or her employment as a result of the arrangement.
A8.4.4 It states the day the arrangement commences.
A8.5 An individual flexibility arrangement made under this clause must be genuinely agreed to by
the head of service and the individual employee.
A8.6 Except as provided in paragraph A8.7.2, an individual flexibility arrangement made under this
clause must not include a provision that requires the individual flexibility arrangement to be
approved, or consented to, by another person.
A8.7 The head of service must ensure that an individual flexibility arrangement made under this
clause is made in writing and signed by the following:
A8.7.1 In all cases – by the employee and the head of service.
A8.7.2 If the employee is under 18 – by a parent or guardian of the employee.
A8.8 The head of service must give the employee a copy of an individual flexibility arrangement
made under this clause within 14 days after it is agreed to.
A8.9 The head of service or the employee may terminate the individual flexibility arrangement by
doing either of the following:
A8.9.1 Giving written notice of no more than 28 days to the other party to the
arrangement.
A8.9.2 Both parties agree in writing – at any time.
A8.10 The right to make an individual flexibility arrangement under this clause is in addition to, and
is not intended to otherwise affect, the right of the head of service and an individual
employee to make an agreement under any other provision of this Agreement.
A9 - Work Organisation
A9.1 An employee agrees to carry out all lawful and reasonable directions of the head of service
according to the requirements of the work and the employee’s skill, experience and
competence, in accordance with this Agreement, and without deskilling the employee.
A9.2 An employee will not, unless this is done in the course of the employee’s duties or as required
by law or by the ACTPS, use or disclose to any person any confidential information about the
ACTPS’s business that becomes known to the employee during the employee’s employment.
Page 23 of 260
A9.3 The ACTPS will not reveal to any person any medical, financial or personal details of the
employee that the ACTPS may have obtained, except with the permission of the employee or
where the ACTPS is under a legal obligation to do so.
A9.4 Subject to subclauses A9.5 to A9.8 and limited to new employees of the ACTPS whose
employment with the ACTPS commences on or after the commencement of this Agreement
(new employee), the ACTPS will provide details of the new employee’s employment to the
relevant union(s) (irrespective of whether the employee has elected to become a member of
the union).
A9.5 The details of the new employee’s employment which the ACTPS may provide to a relevant
union is limited to the new employee’s first name and surname, the ACT Government contact
information for the new employee (email address and contact phone number), and the position
and directorate in which the new employee is engaged. The ACTPS will not provide the
information to the union(s) until at least 21 days after the new employee has commenced
employment.
A9.6 Subclause A9.4 does not apply if the head of service has received written notification from the
new employee, either prior to their commencement of employment, or within 14 days after
their commencement, that the employee does not consent to the information specified in
subclause A9.5 being shared with the relevant union(s).
A9.7 Each of the unions referred to in subclause A3.2 who wish to receive the information referred
to in subclause A9.5 must advise the ACTPS of the classifications covered by this Agreement
which, in accordance with its rules, the union is entitled to represent. Upon receipt of that
advice from the unions, the ACTPS will compile a schedule and provide it to the unions (Union
Representation Schedule).
A9.8 The ACTPS will only provide new employee information to the relevant union(s) under
subclause A9.4 in accordance with the Union Representation Schedule and will do so on a
monthly basis.
A10 - Termination of Agreement
A10.1 The ACTPS and the union(s) covered by this Agreement agree that the maintenance of, and
adherence to, agreed terms and conditions of employment is a key component of good
workplace relations and a dispute free workplace. They therefore agree that they will not
exercise their right to terminate this Agreement under the FW Act.
Page 24 of 260
Section B Working in the ACT Public Sector
B1 - Achieving a Better Work and Life Balance
B1.1 The ACTPS is committed to a healthy work-life balance, supporting employees to reconcile
work with their family and other personal commitments.
B1.2 The ACTPS will promote a healthy work-life balance through facilitating flexible working
arrangements, including hybrid work, in accordance with the provisions in this section.
B1.3 Hybrid work is a flexible working arrangement whereby employees have the option to work in
various locations as agreed with the head of service. This arrangement will differ across the
Service and for individual employees and will recognise the operational and business
requirements of the directorate or business unit.
B2 - Types of Employment
B2.1 A person will be engaged under the PSM Act in one of the following categories:
B2.1.1 Permanent employment as an officer on a full-time or permanent part-time basis,
including appointment with or without probation.
B2.1.2 Short-term temporary employment for a period not exceeding 12 months on a full-
time or part-time basis, engaged for a specified period of time or for a specified
task or as an apprentice, trainee; or cadet.
B2.1.3 Long-term temporary employment for a period greater than 12 months but not
exceeding 5 years on a full-time or part-time basis, engaged for a specified period
of time or for a specified task or as an apprentice, seasonal employee, trainee, or
cadet.
B2.1.4 Casual employment.
B2.2 Persons engaged on a part-time basis will receive, on a proportionate basis, equivalent pay and
conditions to those of full-time employees unless specifically stated elsewhere in this
Agreement.
B3 - Fixed Term Employment for Seasonal Employees
B3.1 Seasonal employees employed under paragraph B2.1.3 may be employed for a 3 year period
on a temporary basis under which they work for certain periods during consecutive seasons
(the “active employment periods”). Prior to the end of the 3 year contract the head of service
may offer the seasonal employee a further 2 year contract without the need for the position
to be advertised.
B3.2 The active employment period will be specified in the contract and fixed for the contract
term, and will be no less than 22 weeks per 12 month period. The start and end dates of each
active employment period will be specified in the contract.
B3.3 In respect of the active employment periods, seasonal employees must, unless otherwise
specified, be entitled to the same benefits as employees working throughout the year,
calculated on a pro rata basis.
B3.4 Notwithstanding any other provision of this Agreement, outside the active employment
periods (other than during periods of paid annual leave) seasonal employees will be regarded
as being on unpaid leave and they will not accrue leave or any other entitlements under this
Agreement while on unpaid leave.
B3.5 The start and end dates of the active employment period as specified in the contract may be
varied by agreement between the head of service and the employee, provided that this will not
shorten the active employment period.
Page 25 of 260
B3.6 The active employment period can be extended up to 12 months in any contract year with
agreement between the head of service and the employee.
B3.7 Notwithstanding subclause B3.2 if there is a demonstrated need for a shorter active
employment period for a particular type of seasonal employee, the head of service may
determine that a shorter minimum active employment period applies for that particular group
of employees, provided the minimum period is no less than 16 weeks.
B3.8 A seasonal employee is not required to obtain prior permission for secondary employment in
periods outside the active employment period, provided that there is no conflict of interest.
B4 - Joint Selection Committees
B4.1 A Joint Selection Committee must consist of a minimum of the following:
B4.1.1 A chairperson who has appropriate skills and experience, nominated by the head
of service.
B4.1.2 A person who has appropriate skills and experience, nominated by the union(s).
B4.1.3 A person who has appropriate skills and experience, nominated by the head of
service from a list of employees, and agreed by the head of service and the
principal union.
B4.2 The ACTPS must as far as practicable ensure that employees who are Joint Selection Committee
members have access to appropriate training to assist them in performing their role.
Note: 1 Provisions relating to the use of Joint Selection Committees are located in the PSM
Standards.
2 For every JSC the relevant union(s) must be contacted to ascertain the union nominee
and to seek agreement for the third JSC member.
B5 - Probation
B5.1 Where an officer is appointed on probation under the PSM Act, the period of probation will
ordinarily be no more than 6 months.
B5.1.1 The probation period can only be longer than 6 months if it is in accordance with
approved Training Scheme employment arrangements (for example at C6 -) or
where the period of probation has been extended following an assessment of
performance.
B5.2 The head of service must, at the time an officer is appointed on probation, inform the officer
in writing of the period of probation and the criteria and objectives to be met for the
appointment to be confirmed.
B5.3 Probation provides a supportive process for the officer during which mutual evaluation and
decisions about permanent appointment can be made.
B5.4 There must be at least 2 formal assessments of an officer’s performance at appropriate and
reasonable points of the probationary period. The head of service must provide the officer
with a copy of each assessment report and provide the officer an opportunity to respond
within 7 business days.
B5.4.1 If the assessment warrants the manager or supervisor’s recommendation that the
head of service terminate the officer’s employment, that recommendation must
be included in the assessment report.
B5.4.2 Where an employee’s employment is to be terminated at the initiative of the head
of service, the employee must be given at least 14 days written notice in
accordance with section 70(5) of the PSM Act.
B5.5 If the period of probation is extended in accordance with the PSM Act (s71B), the head of
service must inform the officer in writing of the period of the extension, the reasons for the
Page 26 of 260
extension, and what the officer must do by the end of the period of extension for their
permanent appointment to be confirmed.
B5.6 A period of extension is not to be longer than 6 months unless it is for extraordinary
circumstances and has been approved by the head of service.
B5.7 A decision of the head of service to accept the recommendation to terminate the appointment
of an officer on probation, as per paragraph B5.4.1, is excluded from the Internal Review
Procedures (Section I) and Appeal Mechanism (Section J) of this Agreement.
B5.7.1 To avoid doubt, an officer on probation is able to seek a review of the officer’s
probation under the Internal Review Procedures, (Section I), except in relation to a
decision to terminate the officer’s employment.
B6 - Record Keeping
B6.1 The ACTPS must keep records relating to the employees’ work, including records about
attendance and pay, in accordance with the requirements of the FW Act, FW Regulations and
the Territory Records Act 2002.
B6.2 The employee must record the time of commencing and ceasing duty for each day. These
records must be provided to the manager or supervisor where the manager or supervisor so
requests.
B7 - Review of Employment Status
B7.1 In order to promote permanent employment and job security for employees in the ACTPS,
temporary and non-ongoing employees, as well as eligible casual employees who have been
engaged on a regular and systematic basis for at least 12 months and who have a reasonable
expectation that such arrangements will continue, may, by application in writing to their
manager or supervisor, request an examination of their employment status.
Note: This is in addition to the FW Act right to request conversion.
B7.2 Having considered the request the manager or supervisor must respond in writing, giving
reasons, within a 6 week timeframe.
B7.3 To avoid doubt, decisions stemming from such reviews are subject to the application of
selection and appointment processes applying in the ACTPS. These processes include the
application of the merit principle and the application of a probation period on appointment.
These processes are also subject to there being no excess officers who would be eligible for
redeployment to the office.
B7.4 A selection process initiated under this clause must be conducted with the use of a joint
selection committee in accordance with clause B4 - of this Agreement.
B8 - Secure Employment
B8.1 The ACTPS is committed to promoting permanent employment and job security for employees
within the ACTPS and accordingly agrees to the provisions in this clause.
B8.2 The ACTPS is committed to establishing an Insourcing and Secure Employment Framework for
assessing if applicable procured work should be provided by the public sector.
B8.3 The ACTPS is committed to all of the following:
B8.3.1 Minimising the use of consultants and contractors and labour-hire across the
ACTPS.
B8.3.2 Minimising the use of sub-contractors and increase the use of direct employment
of workers across the ACTPS.
Page 27 of 260
B8.3.3 Supporting direct employment relationships, but where sub-contractors are
operating, that industrial and legal mechanisms to protect their rights, be
developed and implemented.
B8.4 As part of the introduction of the Secure Employment Framework and to assist in the
promotion of permanent employment for employees, the ACTPS will ensure that the
employees of any consultants or contractors the ACTPS proposes to engage, receive pay and
conditions at least equivalent in overall terms to ACTPS pay and conditions.
B8.5 Prior to making decisions about matters covered by this clause, appropriate consultation must
be undertaken with relevant employees and unions in accordance with clause F1 - of this
Agreement.
B9 - Secure Workforce Conversion Process
B9.1 The ACTPS is committed to promoting permanent employment and job security for employees
within the ACTPS.
B9.2 For the purposes of giving effect to this commitment, which is further outlined in this
Agreement, including at subclauses A2.2 to A2.5, a Joint Union and ACT Government Secure
Workforce Conversion Process has been established by the ACT Government. The Secure
Workforce Conversion Process delivers important outcomes regarding secure work for
temporary and casual employees.
B9.3 In accordance with subclauses A2.2 to A2.5, assessments will occur through the Secure
Workforce Conversion Process which will facilitate recommendations to the head of service as
to whether a position, or group of positions, or a temporary or casual employee, should be
converted to permanency. Where such a recommendation has been made, the head of service
will endeavour to convert the position(s) or employee(s) to permanent employment. The head
of service may appoint the employee(s) currently in the relevant positions without a further
merit selection process, if the head of service is satisfied that the relevant employee(s) meets
the requirements of the proposed position and the criteria of the secure work conversion
process.
B9.4 Where the Secure Workforce Conversion Process has made a recommendation to the head of
service that a position or group of positions, or an employee with temporary or casual
employment should be converted to permanency and the head of service decides not to
appoint the relevant employee(s) in accordance with subclause B9.3, the head of service must
provide written reasons for their decision.
B10 - Notice of Termination
B10.1 Where an employee’s employment is to be terminated at the initiative of the head of service,
other than in accordance with subclause G5.8 or Section L, the notice periods set out in the Fair
Work Act will apply.
B10.2 Where an employee’s employment ceases at the initiative of the employee, the employee
must provide written notice of their resignation from the ACTPS to the head of service at
least 2 weeks prior to the proposed date of the resignation.
B10.3 The period of notice required in subclause B10.2 may be reduced by agreement in writing
between the employee and the head of service.
B11 - Flexible Working Arrangements and Employee Support
B11.1 The ACTPS is committed to providing flexible working arrangements which allow employees to
manage their work and personal commitments. This must be balanced against the operational
requirements for the ACTPS to deliver services to the Canberra community.
B11.2 The ACTPS recognises the need to provide sufficient support and flexibility at the workplace to
assist employees in achieving work and life balance and to meet their caring responsibilities.
Page 28 of 260
While family friendly initiatives are important aspects of work and life balance, it is also
important that all employees, at all stages in their working lives, are supported through this
Agreement.
B11.3 This Agreement provides a range of flexible working arrangement provisions which include:
B11.3.1 Provisions to vary ordinary hours:
B11.3.1 (a) a default of standard hours (as defined in the Dictionary)
B11.3.1 (b) the employee’s work pattern of attendance (B17.12.5)
B11.3.2 an averaging approach to ordinary hours (B15.5 and B17.16)
B11.3.3 Provisions to vary the Span of Hours (B17.8)
B11.3.4 Flextime provisions (B18 -) for eligible employees.
B11.3.5 A Flexible Working Arrangement (B19 -).
B12 - Management of Working Hours
B12.1 The ACTPS recognises the importance of employees balancing work and personal life. The
appropriate balance is a critical element in developing and maintaining healthy and
productive workplaces. While it is acknowledged that peak workload periods may necessitate
some extra hours being worked by some employees, this should be regarded as the
exception rather than the rule. This subclause should be read in conjunction with subclause
B18.4 and clause E24 -.
B12.2 Managers, supervisors and employees have a responsibility to minimise the extent to which
excessive hours are worked. In the circumstances where work pressures result in the
employee being required to work, or is likely to work, excessive hours over a significant
period, the manager, supervisor and employee together must review workloads and
priorities and determine appropriate strategies to address the situation.
B12.3 Complying with clause B12.2 requires the manager or supervisor to consider and implement
one or more of the following strategies to reduce the amount of excessive hours being
accumulated:
B12.3.1 Review of workloads and priorities.
B12.3.2 Re-allocation of resources.
B12.3.3 Consideration of appropriate arrangements for time off in lieu or other
recompense.
B12.3.4 Review of staffing levels and classifications within the work group.
B12.4 The head of service must consult with DCC’s about the development and implementation of
appropriate strategies to deal with issues associated with both paid and unpaid overtime.
B13 - Scheduling of Meetings
B13.1 To assist employees to meet their personal responsibilities, where possible, all meetings in the
ACTPS are to be scheduled at times that take into account those responsibilities.
B14 - Casual Employment Arrangements
Minimum attendance
B14.1 The minimum payment on each occasion when a casual employee is called for and attends for
duty is 3 hours, whether or not the casual employee is required to work for those 3 hours.
Rate of pay
B14.2 A person engaged as a casual employee will be paid at the same rate of pay as would be
applicable to an employee performing the duties and hours of that role. In addition the
Page 29 of 260
casual employee will receive a loading of 25% of the ordinary hourly rate of pay set out in
Annex A to this Agreement in lieu of paid leave entitlements, other than long service leave,
and in lieu of payment for public holidays on which the employee did not work.
Payment for shift work
B14.3 A casual employee is eligible to receive payment of shift-penalties in accordance with clause C8
-.
B14.4 The loading paid under subclause B14.2 is not taken into account in the calculation of shift
work penalty payments.
Overtime
B14.5 A casual employee is eligible to receive payment for overtime in accordance with clause C9 -.
B14.6 A casual employee is eligible for payment of overtime in respect of all hours worked in
excess of either 7 hours and 21 minutes or 7 hours and 36 minutes, as applicable, on any
day or shift.
B14.7 The loading paid under subclause B14.2 is not taken into account in the calculation of overtime
payments.
Overtime meal allowance
B14.8 A casual employee is eligible to receive payment of overtime meal allowances in accordance
with Annex C.
B14.9 The term ‘meal break’ does not require the employee to partake of a meal during the break
period.
Payment for public holidays
B14.10 A casual employee is not eligible for payment in respect of public holidays, unless the employee
works on a public holiday provided under clause E10 -.
B14.11 Where a casual employee does work on a public holiday, the casual employee is entitled to the
appropriate shift penalties or overtime payments described in subclauses C8.7 and C9.14.
Leave
B14.12 A casual employee is not eligible for paid leave other than long service leave.
B15 - Hours of Work for Shift Workers
B15.1 An employee (other than a casual employee) is a shift worker if both of the following apply:
B15.1.1 The employee is rostered.
B15.1.2 The roster may require the employee to perform ordinary daily hours on a shift
when some or all of a shift in the roster falls on one or both of the following:
B15.1.2 (a) Outside the span of hours as set out in subclause B17.7.
B15.1.2 (b) On Saturdays or Sundays on a regular and ongoing basis.
Note: A shift worker may be required, as a part of their regular roster, to work
public holidays.
Shift workers - ordinary hours of work
B15.2 A shift work position may have ordinary weekly hours of either 36.75 or 38.00 hours per week.
B15.3 For a 36.75 hours per week position, the ordinary daily hours are 7 hours and 21 minutes for a
full-time employee. The ordinary weekly hours are 36.75 hours for a full-time employee,
performed in any of the following ways:
B15.3.1 36.75 hours within a period not exceeding 7 consecutive days.
B15.3.2 73.5 hours within a period not exceeding 14 consecutive days.
Page 30 of 260
B15.3.3 147 hours within a period not exceeding 28 consecutive days.
B15.3.4 Any other period of 12 months or less and agreed in writing between the manager
or supervisor and the employee to provide for an average weekly hours of 36.75
hours per week over the agreed period.
B15.4 For a 38.00 hours per week position, the ordinary daily hours are 7 hours and 36 minutes for a
full-time employee. The ordinary weekly hours are 38.00 hours for a full-time employee,
performed in any of the following ways:
B15.4.1 38.00 hours within a period not exceeding 7 consecutive days.
B15.4.2 76.00 hours within a period not exceeding 14 consecutive days.
B15.4.3 152 hours within a period not exceeding 28 consecutive days.
B15.4.4 Any other period of 12 months or less and agreed in writing between the manager
or supervisor and the employee to provide for an average weekly hours of 38.00
hours per week over the agreed period.
B15.5 The ordinary weekly hours may be averaged over a period of up to 4 weeks (28 calendar days),
or a longer period of no more than 12 months as agreed in writing between the manager or
supervisor and the employee affected.
B15.6 A part-time employee will work less than the ordinary weekly hours of work for a full-time
employee.
B15.7 After consulting with the employees affected and the employees’ representatives and following
agreement of a majority of employees affected, the head of service may introduce any of the
following:
B15.7.1 Shift work.
B15.7.2 A new roster.
B15.7.3 An arrangement of shift cycles.
B15.8 Subject to subclause B15.9 rosters setting out the start times, finish times, and rotation of shifts
over at least a 28 day period must be posted at least 14 calendar days prior to the
commencement of the roster.
B15.9 Amendments may be made to rosters to meet the operational or business needs of a particular
business unit. These amendments must be made available as soon as practicable.
Shift Workers - payment for an employee rostered off on a public holiday
B15.10 An employee will be granted a day’s leave in lieu of a public holiday if both of the following
apply to the day on which the public holiday falls:
B15.10.1 The employee is normally rostered to perform work on that day of the week.
B15.10.2 The employee is scheduled to be on a rostered day off.
B15.11 The day in lieu provided for in subclause B15.10 must be granted within one month after the
holiday, if practicable.
B15.12 If it is not practicable to grant a day’s leave in lieu in accordance with subclause B15.11, the
employee will be paid one day’s pay at the ordinary hourly rate of pay.
B15.13 The day’s leave in lieu of a public holiday occurring on a rostered day off provided under
subclause B15.10, or the day’s pay provided under subclause B15.12, is equivalent to the
ordinary hours the employee would have worked had the employee been rostered to work on
the public holiday, provided that the employee is not otherwise being compensated for the
public holiday by any of the following:
B15.13.1 The provision of additional paid annual leave in lieu of public holidays.
B15.13.2 The payment of a composite rate of pay that includes payment for public holidays.
Page 31 of 260
B15.13.3 The accrual of additional rostered hours of work towards an Accrued Day Off.
B15.13.4 Any other means.
Shift Workers - flexible work arrangements
B15.14 A shift worker may apply for access to flexible working arrangements in accordance with B20 -.
Shift Workers - meal break
B15.15 Unless there are exceptional and unforeseen circumstances, an employee is not required to
work for more than 5 hours without a meal break of at least 30 minutes’ duration. Meal breaks
do not count as time worked unless specific provisions are made for in this Agreement.
B15.16 The term 'meal break' does not require the employee to partake of a meal during the break
period.
B15.17 The provisions of subclause B15.15 may be varied by agreement between the manager or
supervisor and a majority of employees concerned in a workplace.
B15.18 An employee who works up to 6 hours in a day may, at the employee’s discretion, work up to 6
hours without a meal break to accommodate the employee’s personal circumstances and work-
life balance.
B15.19 An employee who is required by the head of service, due to operational reasons, to continue
working through the employee’s meal break will be paid an additional 50% of the employee’s
ordinary hourly rate of pay from the scheduled time of commencement of the break until the
employee is provided a break or commencement of a period of overtime following
completion of ordinary hours of work.
B16 - Accrued Days Off (ADOs)
B16.1 An employee to whom this clause applies is entitled to a day/shift off duty using bankable
leave accrued as a result of increasing the employee’s daily hours of work – e.g. increasing
from 7 hours 36 minutes to 8 hours.
B16.2 An employee may apply to take an ADO as a whole day or part of a day by agreement with the
manager or supervisor. ADOs must be approved by the manager or supervisor if they consider
the approval will not affect operational requirements. If the manager or supervisor does not
approve an ADO because of operational requirements, the manager or supervisor must consult
with the employee to determine a mutually convenient alternative time (or times) for the
employee to take the leave.
B16.3 Accrual towards an ADO does not occur when an employee is on any form of leave with the
exception of annual leave, paid personal leave and compassionate leave.
B16.4 ADOs will not be taken in advance and must only be taken when the equivalent time has been
accrued.
B16.5 An employee may bank a maximum of 6 ADOs with the approval of the employee’s manager or
supervisor.
B16.6 For each day or shift an employee is absent on annual leave, paid personal leave or
compassionate leave, leave credits are reduced by the number of ordinary hours that the
employee would have worked on that day or shift (including time accrued for the ADO). Each
day or shift of paid annual leave, paid personal leave or paid compassionate leave taken
during the cycle of shifts will therefore be regarded as a day worked for accrual towards an
ADO.
B16.7 Where an employee, who has accrued credit towards an ADO, ceases employment with the
ACTPS and it is not practical for the employee to utilise that credit, the employee will have
the accrued ADO credit paid on separation. The rate at which any unused ADO credit will be
paid is the rate of pay, including any applicable higher duties allowance, that is in effect on
the date of separation.
Page 32 of 260
B17 - Hours of Work for Non-Shift Workers
B17.1 In this clause employee refers to an employee (other than a casual employee) who is
employed in a position identified by the head of service as having ordinary weekly hours of
either 36:75 or 38:00 hours per week.
Non-shift workers - ordinary hours of work
B17.2 A non-shift work position may have ordinary weekly hours of either 36.75 or 38.00 hours per
week.
B17.3 The standard hours of work in this agreement are only for the purposes of calculating salary
and leave entitlements.
B17.4 For a 36.75 hours per week position the following applies:
B17.4.1 The ordinary daily hours are 7 hours and 21 minutes for a full-time employee.
B17.5 For a 38.00 hours per week position the following applies:
B17.5.1 The ordinary daily hours are 7 hours and 36 minutes for a full-time employee.
B17.6 A part-time employee will work less than the ordinary weekly hours of work for a full-time
employee.
Non-shift workers - span of hours
B17.7 Ordinary daily hours must be worked within the span of hours limits of 7:00 am to 7:00 pm
Monday to Friday.
B17.8 The span of hours worked in a day (subclause B17.7) may be varied by agreement between the
manager or supervisor and a majority of employees concerned in a workplace.
B17.9 At the request of an employee and with the agreement of the head of service, the employee
may work outside the span of hours stipulated at subclause B17.7. This provision is designed
to add flexibility and is not to be used to replace normal overtime provisions.
B17.9.1 Where an employee requests to work outside the span of hours in accordance
with subclause B17.9, these hours are considered normal hours of duty and do not
attract overtime payments or time off in lieu provisions on an hour for hour basis,
unless otherwise agreed between the employee and the head of service prior to
the work being performed.
Non-shift workers – operational service hours for work areas
B17.10 Starting and finishing times within the span of hours are to be determined for individual work
areas by the head of service based on operational needs.
B17.11 Where the head of service proposes to change the operational service hours of a work area,
reasonable notice periods and subclauses F1.9 to F1.13 will apply. If a dispute is raised under
clause F6 -, subclause F6.16 will apply while the dispute is on foot.
Non-shift workers – pattern of attendance at work for an individual employee
B17.12 For a non-shift work position all the following apply:
B17.12.1 An employee and their manager or supervisor will together design and reach
written agreement on the employee’s pattern of attendance at work.
B17.12.2 In designing or negotiating a pattern of attendance at work, the manager or
supervisor and employee will make reasonable efforts to balance both of the
following:
B17.12.2 (a) The employee’s needs and preferences.
B17.12.2 (b) The capacity and needs of a team, workplace, or business line to meet
its internal and external service delivery requirements.
Page 33 of 260
B17.12.3 Where an employee and their manager or supervisor cannot reach agreement in
relation to an employee’s pattern of work, either party may apply for an internal
review under Section G.
B17.12.4 While a review under subclause B17.12.3 is underway, subject to any work health
and safety concerns, the employee’s pattern of work must be in accordance with
one of the following:
B17.12.4 (a) For an any employee with an agreed pattern of work—the pattern of
work that applied to the employee immediately before there was a
disagreement about the employee’s pattern of work.
B17.12.4 (b) For an employee for whom an agreed pattern of work is yet to be
established—the existing operational service hours in their work area.
B17.12.5 An employee may request changes to their pattern of attendance at work at any
time.
B17.13 Flextime arrangements will continue to apply in accordance with B18 - for eligible employees.
B17.14 Hours of work arrangements must be in accordance with operational service requirements and
work health and safety requirements.
Non-shift workers – hours of work and flexible options
B17.15 An employee’s entitlement to request individual flexible work arrangments in accordance with
clause B20 - of this Agreement remains available despite these provisions.
B17.16 Ordinary weekly hours may be averaged over a period of up to 4 weeks (28 calendar days), or
a longer period of no more than 12 months as agreed in writing between the manager or
supervisor and the employee.
Non-shift workers - meal break
B17.17 Unless there are exceptional and unforeseen circumstances, an employee is not required to
work for more than 5 hours without a meal break of at least 30 minutes’ duration. Meal breaks
do not count as time worked unless specifically provided for in this Agreement.
B17.18 The provisions of subclause B17.17 may be varied by agreement between the manager or
supervisor and a majority of employees concerned in a workplace.
B17.19 The term ‘meal break’ does not require the employee to partake of a meal during the break
period.
B17.20 An employee who works up to 6 hours in a day may, with the agreement of the manager or
supervisor, work up to 6 hours without a meal break to accommodate the employee’s personal
circumstances and work-life balance.
B18 - Flextime
B18.1 Flextime provides the framework for an employee’s pattern of attendance at work to be
varied according to the needs of the employee and the requirements of the work unit. It is
not a system that is designed to increase or reduce the total number of hours that must be
worked. Flextime is a system that operates on an honesty and trust basis, where an
employee and manager must ensure the employee’s hours of work are accurately recorded
on a timesheet.
B18.2 Flextime arrangements must be in accordance with operational service requirements and work
health and safety principles.
B18.3 Flextime is not available to any of the following:
B18.3.1 Casual employees.
B18.3.2 Shift workers whose hours of work are provided for in clause B15 -.
Page 34 of 260
B18.3.3 Employees who are entitled to accrued days off in accordance with subclause B16 -
.
B18.3.4 Employees who are entitled to recovery leave in accordance with clause E24 -.
B18.4 For flextime arrangements to work effectively, managers and employees have a responsibility
to manage hours of work to ensure that individuals are not building up excessive flex credits
while either of the following apply:
B18.4.1 The employee does not have the opportunity to access flextime accrued.
B18.4.2 The employee is not being productively employed i.e. the head of service may
require an employee not to accumulate flex credits before or after their
operational service hours where there is insufficient work or an employee
cannot be sufficiently managed.
B18.5 A settlement period comprises 2 pay periods (i.e. 4 weeks).
B18.6 An employee may have a maximum flextime credit equal to the employee’s normal weekly
hours of duty, at the end of the settlement period. This may be varied by agreement between
the head of service and the employee in exceptional circumstances.
B18.7 Where an employee has a flextime credit in excess of the employee’s normal weekly hours of
duty for more than one settlement period, the employee and manager must agree and
implement a flextime usage plan. This plan must ensure the flextime credit will not exceed the
maximum flextime credit and will facilitate time off in the next settlement period, unless
otherwise approved by the head of service where there are exceptional circumstances.
B18.8 If an employee does not agree to a reasonable flextime usage plan, the head of service may
direct an employee to take enough flextime to reduce the accrued flextime credits to the
equivalent of the employee’s maximum flextime credit.
B18.9 Flextime credits of up to an employee’s normal weekly hours will be paid out to an employee
on the cessation of their employment. Flextime credits of up to an employee’s ordinary weekly
hours will be paid out at any time during the course of a person’s employment and only in
exceptional circumstances with head of service approval.
B18.10 The maximum flextime debit that may accrue is 10 hours measured at the end of any
settlement period. Part-time employees may accrue a flex debit on a pro rata basis. At the end
of a settlement period, any debit in excess of the maximum debit may be considered to be
leave without pay, and the manager and employee must agree and implement a plan to do
both of the following:
B18.10.1 Prevent any further debit accruing.
B18.10.2 Reach a zero flextime balance.
B18.11 If an employee does not agree to a reasonable plan and reduce their flextime debit in
accordance with B18.10, the head of service may commence overpayment processes in
accordance with clause D5 -. The maximum flextime debit may be varied in exceptional
circumstances by agreement between the head of service and the employee.
B18.12 Any flextime debits an employee has if the employee ceases employment with the ACTPS
will be treated as a debt in accordance with clause D5 -. The employee may nominate to
use any available annual leave credits to cover the debt, or the debt will be recovered from
any termination payment owing to the employee, except in the case of death.
B18.13 Accrued flextime credits will be taken at such times and in such a period or periods as are
agreed between the employee and the head of service and approved prior to taking accrued
flextime. It is the responsibility of both the employee and the head of service to take steps to
ensure that accrued flextime credits can be taken as time off, in accordance with this clause.
Approval of a request by the employee to utilise flextime credits will not unreasonably be
withheld.
Page 35 of 260
B18.14 An employee not complying with these flextime provisions may be directed by the head of
service to work operational service hours. This arrangement must be reviewed no less than
every 90 calendar days to assess if a return to flextime arrangement is suitable.
B19 - Flexible Working Arrangements
B19.1 The ACTPS offers a wide range of options to provide or facilitate flexible employment which are
summarised in the table below. The specific provisions set out the terms and conditions of each
option.
Clause Arrangement Eligibility
Section E and Annexure D
leave entitlements
Leave Varies. Please refer to the relevant
leave type for more details.
B15 - and B17 - Hours of work All employees other than casual
employees
B21 - Regular Part-Time Employment Full-time employees and existing
part-time employees
B22 - Job Sharing All employees other than casual
employees
B23 - Part-Time Employment Following
Birth Leave, Primary Caregiver Leave,
Adoption, Permanent or Long Term
Care Leave or Parental Leave
Full-time employees and existing
part-time employees who return to
work after accessing birth leave,
primary caregiver leave, adoption,
permanent or long term care leave
or parental leave
B24 - Home-based Work All employees
B13 - Scheduling of Meetings All employees
B26 - Vacation Childcare Subsidy All employees other than a casual
employee or a temporary employee
who has been engaged by the
ACTPS for a period of less than 12
months
B27 - Family Care Costs All employees
B28 - Nursing Employees All employees
B29 - Transfer of Medically Unfit Staff All employees other than casual
employees
B30 - Transfer to a Safe Job during
Pregnancy
All employees
Page 36 of 260
B20 - Making a Request for a Flexible Working Arrangement
B20.1 An employee may apply to the head of service for a flexible working arrangement to support
their work and life balance. The head of service must give the employee a written response to
the request within 21 calendar days of receiving the request, stating whether the request is
approved and the reasons if the request is refused.
B20.2 An employee may request a flexible working arrangement, in accordance with the FW Act, in
any of the following circumstances relating to the employee:
B20.2.1 They seek working arrangements to suit their personal circumstances.
B20.2.2 The employee has a parental or other caring responsibility for a child of school age
or younger.
B20.2.3 They have a caring responsibility for an individual with a disability, a terminal or
chronic medical condition, mental illness or is frail and aged.
B20.2.4 They have a disability.
B20.2.5 They are 55 or older.
B20.2.6 They are experiencing family or domestic violence.
B20.2.7 They are providing personal care, support and assistance to a member of their
immediate family or household because they are experiencing family or domestic
violence.
B20.2.8 They are pregnant.
B20.3 Nothing in this clause diminishes any provisions expressed elsewhere in this Agreement, where
those entitlements are entitlements in their own right.
B20.4 To assist employees in balancing work and personal commitments, flexible working and leave
arrangements are provided throughout this Agreement. Examples of these flexible working and
leave arrangements include, but are not limited to the following:
Clause Arrangement Summary of entitlement
B17 - Flexible starting and
finishing time
An employee may request to work their ordinary hours
flexibly within a daily span of hours between 7am-7pm.
B18 - Ability to take a few
hours off work, and
make it up later
An employee’s pattern of attendance at work may be
varied according to the needs of the employee and the
requirements of the work unit.
B24 - Home-based work on
a short-term or long-
term basis
An employee may request to work from home or split
working time between the workplace and home.
B21 - Part-time work A proposal to vary part-time employment arrangements
may be made by the employee or head of service.
B22 - Job sharing Job sharing arrangements may be introduced by
agreement between the head of service and the
employees involved.
E9 - Purchased leave Employees may purchase leave in addition to the
employee’s usual annual leave entitlement to support
their work life balance.
Page 37 of 260
E7 - Annual leave Annual leave is available to employees to enable them to
be absent from duty for the purposes of rest and
recreation.
E25 - Long service leave Long service leave is available to employees to enable
them to be absent from duty in recognition of their
length of service.
Annex D Leave not provided for
elsewhere, with or
without pay (Other
Leave)
An employee may be eligible for additional leave types
specified in Annex D to enable them to be absent from
duty for a variety of purposes.
B23 - Part-Time
employment following
birth leave, primary
caregiver leave,
adoption, permanent
or long term care
leave or parental leave
An employee returning to work after birth leave, primary
caregiver leave, adoption, permanent or long term care
leave or parental leave is entitled to choose to work on a
part time basis within the first three years. Subject to
approval, this may be extended to an aggregate total of
seven (7) years.
B20.5 The flexible working arrangement must be recorded in writing and run for a specified
duration of up to 3 years. At the end of the flexible working arrangement’s period of
operation, unless a new flexible working arrangement is entered into, the default is that the
employee returns to their nominal working arrangements.
B20.6 Where a request for a flexible working arrangement is received, the head of service must
consult with the employee and provide a written response to the request within 21 days.
B20.7 The head of service may only deny an employee’s request for a flexible working arrangement
or a variation to an existing flexible working arrangement where there are reasonable business
grounds for doing so and where all the following apply:
B20.7.1 The head of service has discussed the request with the employee.
B20.7.2 The head of service has genuinely tried to reach an agreement with the employee
about making changes to the employee’s working arrangements to accommodate
the employee’s particular circumstances.
B20.7.3 An agreement has not been reached between the head of service and employee.
B20.7.4 The head of service has considered the consequences of the refusal for the
employee.
B20.8 Reasonable business grounds to deny a request include any of the following:
B20.8.1 The new working arrangements requested by the employee would be too costly to
implement, or would likely result in a significant loss in efficiency or productivity,
or would likely have a significant negative impact on service.
B20.8.2 There is no capacity to change the working arrangements of other employees to
accommodate the new working arrangements requested by the employee.
B20.8.3 It would be impractical to change the working arrangements of other employees
or recruit new employees to accommodate the new working arrangements
requested by the employee.
B20.8.4 It would be a genuine risk to the health and safety of an employee(s).
B20.8.5 Demonstrable exceptional circumstances have arisen that mean the request
cannot be approved.
Page 38 of 260
B20.9 The head of service must inform the employee in writing of the decision to refuse the flexible
working arrangement and the response must include all the following:
B20.9.1 Details of the reasons for the refusal.
B20.9.2 The reasonable business grounds for refusing the request.
B20.9.3 How the reasonable business grounds apply to the request.
B20.9.4 One of the following:
B20.9.4 (a) Provide alternative proposals for changes in the employee’s working
arrangements that would accommodate, to any extent, the
employee’s circumstances.
B20.9.4 (b) State that there are no alternative changes available that would
accommodate, to any extent, the employee’s circumstances.
B20.9.5 The dispute mechanisms available under subclause F6 - and the ability to refer the
dispute to the FWC for resolution.
B20.10 Approved flexible working arrangements may be reviewed annually, or earlier where the
employee’s relevant circumstances have changed or where there are reasonable business
grounds that require a review to be undertaken. During this review the circumstances under
which the flexible working arrangements were originally granted will be examined and
reassessed.
B20.11 The intent of locking in a flexible working arrangement for a period of up to 3 years is to
provide certainty to both the employee and manager concerned. A flexible working
arrangement may be revoked by either the employee or manager:
B20.11.1 at the annual review; or
B20.11.2 in exceptional circumstances between annual reviews.
B20.12 3 months notice must be given to amend or cease the flexible working arrangement, unless a
lesser period is agreed by both parties or where there are extenuating circumstances.
B20.13 Reasonable grounds to amend or revoke a flexible working arrangement may include but are
not limited to the following:
B20.13.1 Employee’s role has changed significantly and the current flexible arrangement is
no longer suitable.
B20.13.2 There is the increased risk of injury or illness or where there are other work health
and safety concerns.
B20.13.3 History of underperformance as documented in an underperformance plan or
behaviour concerns.
B20.14 Revoking a flexible work arrangement should not be considered untill after efforts to amend
arrangements have been attempted.
B20.15 Employees that have an existing flexible working arrangement at the commencement of this
Agreement must have that arrangement reviewed within 12 months of commencement of this
Agreement.
B21 - Regular Part-Time Employment
B21.1 A person may be employed in any classification as a part-time officer for an agreed number of
regular hours that is less than the ordinary weekly hours specified at subclause B17.1 or
subclause B15.2.
B21.2 Proposals to reduce hours below full-time employment may be initiated by the head of
service for operational reasons.
Page 39 of 260
B21.3 The head of service must obtain the written agreement of a full-time officer before the officer
converts to part-time.
B21.4 No pressure is to be exerted on full-time officers to convert to part-time employment or to
transfer to another position to make way for part-time employment.
B21.5 The agreed period, pattern of hours and days and commencement and cessation times for part-
time work must be agreed between the officer and the officer’s manager or supervisor and
recorded in writing.
Note: An employee who wishes to work part-time may apply for a flexible working
arrangement in accordance with clause B20 -.
Variation to part-time hours
B21.6 Proposals to vary a part-time employment arrangement may be initiated by the head of
service for operational reasons or by an officer for personal reasons.
B21.7 Where an officer initiates a proposal the head of service must have regard to the personal
reasons put by the officer in support of the proposal and to their business unit’s operational
requirements.
B21.8 The head of service must obtain the written agreement of the officer before the officer’s hours
are varied.
B21.9 No pressure is to be exerted on an officer to vary the officer’s hours of employment or to
transfer to another position to make way for part-time employment.
B21.10 The agreed period, pattern of hours and days and commencement and cessation times for part-
time work must be agreed between the officer and the officer’s manager or supervisor and
recorded in writing.
B22 - Job Sharing
B22.1 In this clause employee refers to employees other than casual employees.
B22.2 Job sharing arrangements may be introduced by agreement between the head of service and
the employees involved, subject to operational requirements. Employees working under job
sharing arrangements share one job and are considered to be part-time with each working
part-time on a regular, continuing basis.
B22.3 An employee must request in writing permission to work in a job sharing arrangement.
The head of service must agree to reasonable requests for regular job sharing
arrangements, subject to operational requirements.
B22.4 The pattern of hours for the job sharing arrangement must be agreed between the employee
and the head of service. However, any single attendance at the office-based worksite must
be for no less than 3 consecutive hours.
B22.5 The employee who is in a job sharing arrangement and who was previously working full-time
may revert to full-time employment before the expiry of the agreed period of job sharing if all
parties to the arrangement agree.
B22.6 In the event that either employee ceases to participate in the job sharing arrangement, the
arrangement must be terminated.
B23 - Part-Time Employment Following Birth Leave, Primary Care Giver Leave, Adoption,
Permanent or Long Term Care Leave or Parental Leave
B23.1 Subject to this clause, the head of service must approve an application by an officer
employed on a full-time basis who returns to work after accessing birth leave, primary care
giver leave, adoption, permanent or long term care leave or parental leave, to work on a
part-time basis up until the date which is 3 years from the birth or adoption of a child or the
granting of parental responsibility of a foster child.
Page 40 of 260
B23.2 If the head of service deems that an application by an officer to access part-time work
under this clause can only be accommodated if the officer agrees to become unattached,
then the application must only be approved if the officer so agrees.
B23.3 The maximum aggregate period of part-time employment that may be approved for an officer
under subclause B23.1 is 7 years.
B23.4 Either the officer who accesses primary care giver leave under clause E16 -, or adoption,
permanent or long term care leave under clause E20 -, or the employee who is entitled to or
accesses birth leave under clause E14 - is entitled to access part-time employment as
provided in subclause B23.1.
B23.5 The agreed period, pattern of hours and days and commencement and cessation times for
part-time work must be agreed between the officer and the officer’s manager or supervisor
and recorded in writing.
B24 - Home Based Work
B24.1 The diverse nature of work conducted in the ACTPS lends itself to a range of working
environments. Employees may be supported to undertake hybrid work which may include
work undertaken in the field and in the home or other agreed alternative location.
B24.2 Home-based work, on a regular basis, is a voluntary arrangement that requires the
agreement of both the head of service and the employee. The head of service must
consider requests by employees for home based work, having regard to operational
requirements and the suitability of the work.
B24.3 In determining appropriate home based work arrangements, the head of service and the
employee must consider the following range of matters:
B24.3.1 Appropriate and effective communication with office based employees.
B24.3.2 The need to ensure adequate interaction with colleagues.
B24.3.3 The nature of the job and operational requirements.
B24.3.4 Privacy and security considerations.
B24.3.5 Health and safety considerations.
B24.3.6 The effect on clients.
B24.3.7 Adequate performance monitoring arrangements.
B24.4 Home based work arrangements may be terminated by the head of service on the basis of
operational requirements, inefficiency of the arrangements, or failure of the employee to
comply with the arrangements.
B24.5 An employee may terminate home-based work arrangements at any time by giving reasonable
notice to the head of service.
B24.6 There may also be occasions where it is appropriate for an employee to work from home on
an ad hoc basis. In these circumstances, arrangements to work from home are to be
negotiated on a case-by-case basis between the employee and the manager or supervisor.
B24.7 The ACTPS must provide home computing facilities where an employee and the employee’s
manager or supervisor agree there is a need for such facilities. Provision of equipment by the
ACTPS is subject to work health and safety requirements and to an assessment of technical
needs by the manager or supervisor.
B25 - Employee Assistance Program
B25.1 As a benefit to employees, the ACTPS must provide employees and employees’ immediate
families with access to an independent, confidential and professional counselling service at
no cost to the employee.
Page 41 of 260
B26 - Vacation Childcare Subsidy
B26.1 This clause applies to an employee (other than a casual employee or a temporary
employee who has been engaged by the ACTPS for a period of less than 12 months) with
school age children who makes a timely application, with regard to work and rostering
arrangements applying in their particular business unit, based on their accrued annual
leave, purchased leave or long service leave during school holidays that is rejected. The
head of service must make a payment to the employee of $52.00 per day towards the
cost of each school child enrolled in an accredited school holiday program for each
calendar year subject to all the following conditions:
B26.1.1 The maximum payable per child over a 5-day period is $260.
B26.1.2 The maximum payable days per child per year is 10.
B26.1.3 The maximum number of children the benefit is payable for is 3.
B26.1.4 Payment will not be made without the production of a receipt(s).
B26.2 An accredited school holiday program is a program approved, subsidised or approved and
subsidised by a State, Territory or Local Government.
B26.3 The payment applies only on the days when the employee is at work.
B26.4 The payment will be made regardless of the length of time the child is in the program each day,
but it cannot exceed the actual cost incurred.
B26.5 An employee whose domestic partner receives a similar benefit from the partner's employer
is not eligible for the payment.
B27 - Family Care Costs
B27.1 Where an employee is directed to work outside the employee’s regular pattern of work, the
head of service must authorise reimbursement to the employee by receipt for some or all of
the costs of additional family care arrangements.
B28 - Nursing Employees
B28.1 The ACTPS is committed to supporting employees who are breastfeeding or expressing milk for
a baby or young child (nursing employees).
B28.2 Nursing employees must be provided with the facilities and support necessary to enable such
employees to combine a continuation of such nursing activity with the employee’s
employment.
B28.3 Where practicable the work area must establish and maintain a suitable private room for
nursing employees. Where there is no room available another appropriate space may be used.
B28.4 Up to one hour, per day or shift, paid lactation breaks that are non-cumulative must be
available for nursing employees.
B29 - Transfer of Medically Unfit Staff
B29.1 This clause does not apply to casual employees.
B29.2 A medically unfit employee is an employee who is considered by the head of service to be an
employee who is unable to perform duties appropriate to the employee’s role because of
physical or mental incapacity following recommendation by an authorised doctor as defined
under the PSM Act.
B29.3 Despite the provision of section 27 of the PSM Act, a medically unfit employee may, by
agreement with the employee, be transferred to any position within the employee’s
current skill level and experience, at either their substantive classification or equivalent
classification. If the employee moves into an alternative classification stream, they may only
be transferred to a classification that has a maximum salary which does not vary from the
Page 42 of 260
top increment of the employee’s substantive classification by more than 10%, and penalties
and allowances attached to the substantive position will not be taken into consideration in
this calculation. Penalties and allowances may only continue to be paid where applicable in
the new position. For clarity this provision allows transfer between alternate classification
streams, but does not allow for the transfer of an officer to a higher classification within the
same classification stream e.g. a SOG B transfer to a SOG A.
B29.4 An employee must not be redeployed in accordance with subclause B29.3 unless there is no
suitable vacant position at the employee’s substantive classification within their directorate.
B30 - Transfer to a Safe Job during Pregnancy
Purpose
B30.1 This clause provides arrangements to enable a pregnant employee to have their duties
modified or to be transferred to an appropriate safe job during their pregnancy or enable
them to be absent from their workplace if an appropriate safe job is not available.
Eligibility
B30.2 In accordance with the NES, this clause applies to a pregnant employee when they do both
the following:
B30.2.1 Give notice that they will be applying for birth leave.
B30.2.2 Provide evidence from a registered health professional or registered medical
professional to the head of service that they are fit for work but that it is
inadvisable to continue with some or all of their duties in their present position
during a stated period because of illness or risks arising out of the pregnancy or
hazards connected with that position.
B30.3 In these circumstances, the employee is entitled to have their duties modified or to be
transferred to an appropriate safe job for the stated period with no detriment to their
current terms and conditions of employment.
Paid absence for ‘no safe job’ purposes
B30.4 If the head of service determines that an appropriate safe job is not available, and when the
employee has completed 12 months of continuous service, the employee is entitled to take
paid absence for ‘no safe job’ purposes for the stated period at a rate of payment that is
the same rate as would be paid if the employee was granted personal leave. This period of
paid absence counts as service for all purposes.
B30.5 If the head of service determines that an appropriate safe job is not available, and the
employee has not completed 12 months of continuous service, the employee is entitled to
take unpaid absence for ‘no safe job’ purposes. This period of absence does not count as
service for any purposes but does not break continuity of service.
B30.6 The employee’s entitlements under this clause cease when the employee’s pregnancy ends
before the end of the stated period.
Page 43 of 260
Section C Rates of Pay and Allowances
C1 - Part-Time Employment
C1.1 Persons engaged on a part-time basis will receive, on a proportionate basis, equivalent pay and
conditions to those of full-time employees, unless specifically stated elsewhere in this
Agreement.
C2 - Pay Increases
C2.1 Employees will be paid in accordance with the employee’s classification and rates of pay set
out in Annex A to this Agreement.
C2.2 Increases to pay rates for all classifications set out in Annex A of this Agreement will be:
C2.2.1 $1,750 flat rate increase in the first full pay period on or after 1 January 2023.
C2.2.2 1% from the commencement of the first full pay period on or after 1 June 2023.
C2.2.3 $1,750 flat rate increase in the first full pay period on or after 1 December 2023.
C2.2.4 1.5% from the commencement of the first full pay period on or after 1 June 2024.
C2.2.5 1% from the commencement of the first full pay period on or after 1 December
2024 and $1,500 flat rate increase.
C2.2.6 1% from the commencement of the first full pay period on or after 1 June 2025.
C2.2.7 1% from the commencement of the first full pay period on or after 1 December
2025 and $1,000 flat rate increase.
C3 - Method of Payment
C3.1 Employees will be paid fortnightly in arrears and by electronic funds transfer into a financial
institution account of the employee’s choice.
C3.2 The ACTPS commits to paying employees their ordinary fortnightly pay and allowances on
the appropriate payday. The ACTPS also commits to paying any shift penalties, overtime
payments and higher duties allowance as soon as reasonably possible, but not later than
within 2 pay periods of the appropriate authorisation having been received by the relevant
corporate area.
C3.3 The ordinary fortnightly pay is based on the following formula:
C3.3.1 Fortnightly pay = annual rate of pay x 12 / 313.
C3.4 A part-time employee is paid pro rata based on the employee’s agreed ordinary hours.
C3.5 An employee must, with the approval of the head of service, be advanced the pay due for any
period of approved paid annual or long service leave. Advancement of pay is subject to payroll
processing timeframes. The approval of the head of service must not be unreasonably
withheld.
C4 - Payroll Deduction for Union Fees
C4.1 Upon request by the union, the ACTPS must facilitate arrangements for payroll deductions
for union fees. The ACTPS agrees that it must not impose any limitations or impediments to
an employee utilising payroll deductions for union fees that do not apply to other regular
payroll deductions, such as health insurance.
C5 - Pay Points and Increments
C5.1 A person who is engaged by the ACTPS, or an employee who is promoted or is approved to
perform the duties of a higher office, is entitled to be paid at the first pay point for the
classification level.
Page 44 of 260
C5.2 Despite subclause C5.1, the head of service may approve a person who is engaged by the
ACTPS, or an employee who is promoted or approved to receive higher duties allowance, to be
paid at a higher pay point within that classification level.
C5.3 Increments apply to both an employee's permanent and higher duties classification. When an
employee has completed 12 months higher duties within a 24 month period an increment will
be paid and all further instances of higher duties will be paid at this level.
C5.4 Previous service at a higher duties pay must be considered when determining a pay point
should the employee be promoted to that classification, and will be used to determine the date
at which increments fall due.
C5.5 An eligible employee is entitled (subject to there being no Underperformance or Discipline
action undertaken in accordance with Section G– (Workplace Values and Behaviours) to be paid
an annual increment on and from the relevant anniversary of the date of commencement in
the classification for the employee concerned.
C5.6 Accelerated incremental advancement may occur as follows:
C5.6.1 A person who is engaged by the ACTPS, or an employee who is promoted or
approved to perform higher duties, may be paid at a higher pay point within that
classification level.
C5.6.2 Subject to a maximum of 2 additional increments within the classification range
being awarded to the employee in a 12 month period (excluding any additional
increments awarded to the employee on commencement in the position in
accordance with subclause C5.2), the head of service may approve the payment of
additional accelerated increments to the employee at one of the following times:
C5.6.2 (a) At the time annual incremental advancement is due: i.e., at the time
an employee is eligible for annual incremental advancement (either in
the substantive or higher duties position).
C5.6.2 (b) At any other time between periods of annual incremental
advancement.
C5.6.3 Where an employee is awarded additional accelerated increments over the 12
month period between the payments of annual increments in accordance with
paragraph C5.6.2, the employee is still eligible for the payment of an annual
increment, and the date of effect of the annual increment will remain unchanged.
C5.7 In considering whether to approve payment at a higher pay point (as per subclause C5.2), or
accelerated advancement (as per subclause C5.6), the head of service must take into account
all of the following factors:
C5.7.1 The employee’s qualifications.
C5.7.2 The employee’s relevant work and personal experience.
C5.7.3 The employee’s current pay.
C5.7.4 The employee’s ability to make an immediate contribution.
C5.7.5 Difficulties in attracting and retaining suitable employees.
C6 - Entry Level Programs
C6.1 The ACTPS may run various entry level programs based on operational needs and available
resources. All employment arrangements for entry level positions, including graduates, cadets,
trainees and apprentices should be fair and attractive.
C6.2 Rates of pay for employees engaged in Graduate and Cadet Programs, Traineeships, and
Apprenticeships are set out at Annex A to this Agreement. Rates of pay for employees in other
entry level programs will vary and be in accordance with classifications and rates of pay set out
Page 45 of 260
at Annex A to this Agreement, as determined by particular entry level program governance
documentation or the PSM Standards.
C6.3 Where an entry level program comprising work and structure training is introduced, all the
following apply:
C6.3.1 The program must comply with the requirements of Australian Apprenticeships or
Traineeships where relevant.
C6.3.2 Entry to the program must be by merit selection.
C6.3.3 In accordance with B5 - the length of the probation period, the associated
assessment criteria and timeframe must be notified in writing to the participant
in the entry level program prior to the commencement of the program.
C6.3.4 A person will be engaged either as a graduate, cadet, trainee, apprentice or other
entry level program participant for the duration of the program.
C6.3.5 If, following the successful completion of the program and a rating of competent
or better on their performance plan, a vacant funded position exists, participants
in entry level programs will be appointed as an officer, or will have their
appointment as an officer confirmed, or will be promoted into a classification that
is appropriate without the need for a further merit selection process.
C6.3.6 An internal merit selection process will be used where the number of participants
in the relevant entry level program potentially suitable for appointment or
promotion on completion of the program exceeds the number of available
permanent funded positions.
C6.4 Where a program exceeds 12 months duration and there is provision in the applicable rates
of pay, a participant is entitled, in accordance with clause C5 -and subject to there being no
Underperformance or Discipline action undertaken in accordance with Section G, to be paid
an annual increment on and from the relevant anniversary of the date of commencement in
the position concerned.
C7 - Higher Duties Allowance
C7.1 Higher Duties Allowance (HDA) is payable to an officer who is directed to temporarily
perform the duties of a position with a higher classification.
Selection for HDA
C7.2 If a position is expected to be available for a period of 6 months or longer the position must be
advertised in the gazette.
C7.3 Periods of higher duties should not normally extend beyond 12 months. If after 12 months
the position is nominally vacant it must be advertised unless there are exceptional
circumstances.
C7.4 Nothing in this clause restricts casual or temporary employees performing duties of a higher
office in accordance with the PSM Act and the PSM Standards.
Periods of HDA
C7.5 An officer who is acting in a position with a higher classification for a period of one day or
more, will be paid HDA for that period.
C7.6 Where an officer on temporary transfer is to perform the full duties of the higher position,
HDA is calculated as the difference between the officer’s current pay and a point in the pay
range of the higher position determined by the head of service in accordance with clause C5 -
.
C7.7 Where the officer is performing only part of the duties of the higher position and the higher
position is at least 2 levels above the officer’s current substantive level, payment of partial
Page 46 of 260
HDA may be agreed between the head of service and the officer, prior to the
commencement of the temporary transfer.
C7.8 The rate of payment for partial HDA will be a point in the pay range(s) of the intervening
level(s). The head of service’s decision on the rate of payment of partial HDA must take into
account the specified part of the duties of the higher position that the officer is to perform.
C7.9 An officer receiving HDA is entitled to normal incremental progression for the officer’s
substantive position and the HDA position in accordance with C5 -.
C7.9.1 Increments gained while performing HDA are maintained upon the officer
ceasing the higher duties.
C7.10 Previous higher duties service will be considered in determining the appropriate pay point for
future periods of higher duties.
C8 - Payment for Shift Workers
Payment of shift-penalties
C8.1 An employee who is a shift worker and who is rostered to perform and performs ordinary
duty on a shift, any part of which falls between the hours of 6:00 pm and 6:30 am, will be
paid an additional 15% of the employee’s ordinary hourly rate of pay, for that shift.
C8.2 An employee who is a shift worker and who is required to work ordinary hours continuously
for a period exceeding 4 weeks on a shift falling wholly within the hours of 6:00 pm and 8:00
am, will be paid an additional 30% of the ordinary hourly rate of pay for that shift.
C8.3 The additional payment prescribed by this clause will not be taken into account in the
computation of overtime or in the determination of any allowance based upon pay. The
additional payment will not be paid for any shift for which any other form of penalty
payment is made under this Agreement, or under the provisions of the PSM Act or the PSM
Standards under which the employee is employed.
Payment while on annual leave
C8.4 Additional payment for shift duty, as provided by this clause, is to be made in respect of any
such duty that an employee would have performed had the employee not been on approved
annual leave.
Payment for shift duty on a Saturday
C8.5 An employee who is a shift worker is entitled to an additional payment of 50% of the
employee’s ordinary hourly rate of pay for all rostered time of ordinary duty performed
between midnight on Friday and midnight on Saturday.
Payment for shift duty on a Sunday
C8.6 An employee who is a shift worker is entitled to an additional payment of 100% of the
employee’s ordinary hourly rate of pay for all rostered time of ordinary duty performed
between midnight on Saturday and midnight on Sunday.
Payment for shift duty on a public holiday
C8.7 An employee who is a shift worker is entitled to an additional payment of 150% of the
employee’s ordinary hourly rate of pay for all rostered time of ordinary duty performed
between midnight on the day before a public holiday, as described in clause E10 -, and
midnight on the public holiday.
C9 - Overtime
Eligibility for payment of overtime
C9.1 An employee may be required or requested to work reasonable additional hours of duty,
subject to the payment for overtime in accordance with the conditions set out in this
clause, and the reasonable additional hours provisions of the FW Act.
Page 47 of 260
C9.2 Overtime rates are payable for duty that the head of service requires an employee to
perform on any day from Monday to Friday inclusive, during the following times:
C9.2.1 In the case of a non-shift employee only, before 7:00 am and/or after 7:00
pm (or such other span of hours as may have been agreed under subclause
B17.8).
C9.2.2 In the case of a non-shift employee only, between 7:00 am and 7:00 pm (or
such other span of hours as may have been agreed under subclause B17.8 but
beyond the employee’s ordinary daily hours, and which is not worked under
the flextime provisions at clause B18 -).
C9.2.3 In the case of a shift worker only, beyond the employee’s ordinary hours of
work, and which is not worked under the provisions of clause B16 -.
C9.3 Overtime rates are payable for all duty that the head of service requires an employee to
perform on a Saturday, Sunday or Public Holiday that is in addition to the employee’s ordinary
weekly hours of work.
C9.4 Except with the approval of the head of service, an employee who occupies a position with a
classification having an annual pay of a Senior Officer Grade C (or equivalent) or higher is not
eligible to receive payment under this clause.
Minimum attendance for overtime
C9.5 Where an employee is required to perform overtime duty that is not continuous with ordinary
duty the minimum period of overtime payable for each separate overtime attendance is
4 hours.
C9.6 Where an employee is requested to perform overtime duty that is not continuous with
ordinary duty and the employee's overtime duty has been cancelled within 1 hour of the
commencement of the overtime duty, the employee will receive the same payment as the
minimum overtime amount payable under this Agreement. For clarity, this clause does not
apply when an employee is requested to perform overtime duty while the employee is in an
on-call or close-call situation and the overtime duty is subsequently cancelled.
C9.7 For the purposes of subclause C9.5 meal periods do not break continuity of duty.
C9.8 Where an overtime attendance that is not continuous with ordinary duty involves duty both
before and after midnight and a higher overtime rate applies on one of the days covered by the
overtime attendance, the minimum payment is calculated at the higher rate.
C9.9 Where an employee is in an on-call or close-call situation as provided for in clause C13 - or
clause C14 -, the minimum payment for overtime is 3 hours or 1 hour in accordance with
subclauses C13.4 or C14.6 or C13.8 or C14.10 respectively.
Payment of overtime
C9.10 For the purposes of calculating overtime payments, each day or shift will stand alone.
C9.11 An employee’s annual pay for the purpose of calculating the overtime payment, includes
higher duties allowance and any allowance that is payable for all purposes.
C9.12 Overtime payment rates for overtime worked on any day from Monday to Saturday inclusive,
are the following:
C9.12.1 Time and a half: Annual Pay ×12/313×3/2×1/76 for the first 3 hours worked on
a day/shift.
C9.12.2 Double time: Annual Pay ×12/313×2/1×1/76 for any further overtime worked on
that day/shift.
Page 48 of 260
Sunday rate of payment
C9.13 An employee who works overtime on a Sunday will be paid a rate of double time at the
employee’s ordinary hourly rate of pay for all time worked.
Public holiday rate of payment
C9.14 An employee who works overtime on a public holiday or on a substituted public holiday as
defined in clause E10 - of this Agreement will be paid a total rate of double time and a half
at the employee’s ordinary hourly rate of pay for all time worked.
Alternatives to payment of overtime
C9.15 Where agreed between the manager or supervisor and the employee, the employee may be
granted time off in lieu of overtime.
C10 - Rest Relief after Overtime
C10.1 In this clause employee refers to employees other than casual employees.
C10.2 Unless the head of service directs an employee to report for duty earlier, the employee must
have a continuous period of 8 hours, plus reasonable travel time, off duty between ceasing
overtime duty following ordinary hours of work one day, and commencing ordinary hours of
work the following day.
C10.3 An employee is entitled to be absent from duty, without loss of pay, until the employee has
been off duty for a continuous period of 8 hours plus reasonable travel time.
C10.4 If an employee is required by the head of service to return to duty without having had
8 consecutive hours off duty, plus reasonable travel time, both the following apply:
C10.4.1 The employee will be paid at double the ordinary hourly rate of pay until the
employee is released from duty for that period.
C10.4.2 The employee is then be entitled to be absent until the employee has had
8 consecutive hours off duty plus reasonable travel time, without loss of pay for
any ordinary working time occurring during that absence.
C10.5 The provisions of this clause do not apply to overtime worked in the circumstances covered
by clause C16 - unless the actual time worked (excluding travel time) is at least 3 hours on
each call.
C11 - Payment for Public Holiday Duty
C11.1 An employee who is not a shift worker and who works on a public holiday is entitled to an
additional payment of 150% of the employee’s ordinary hourly rate of pay for the period of
work that meets all of the following:
C11.1.1 It is not in excess of the employee’s ordinary weekly hours.
C11.1.2 It is not outside of the employee’s limit of daily hours.
C11.1.3 It is not in excess of the employee’s ordinary daily hours.
Note: If an employee who is not a shift worker works on a public holiday for a period that
does not satisfy the above conditions, the employee will have worked overtime and is
eligible to a payment in accordance with clause C9 -.
C12 - Daylight Saving Arrangements
C12.1 During the changes to and from Australian Eastern Standard Time and Australian Eastern
Daylight Time employees will be paid by the clock, with the exception of casual employment
arrangements under clause B14 - and overtime arrangements under clause C9 - which will be
paid according to the hours actually worked. This means that at the beginning of daylight
saving employees working an overnight shift will work one hour less but will still be paid for the
Page 49 of 260
full shift, and when daylight saving ends employees will work for an extra hour but will be paid
according to the clock.
C13 - On-Call Allowances
C13.1 Where an employee is required or directed, prior to ceasing duty, by the employee's manager
or supervisor to be contactable and available to be recalled to duty within a reasonable time
outside the employee’s ordinary hours of duty (a restricted situation), the employee is entitled
to be paid an on-call allowance at the following rates:
C13.1.1 For each hour of on-call Monday to Friday—10% of the employee’s hourly rate of
pay.
C13.1.2 For each hour of on-call on Saturday and Sunday—15% of the employee’s hourly
rate of pay.
C13.1.3 For each hour of on-call on public holidays and accrued days off—20% of the
employee’s hourly rate of pay.
C13.2 An employee’s pay for the purpose of calculation of payment under this clause includes higher
duties allowance and other allowances in the nature of pay.
C13.3 The on-call allowance is not payable for any period that the employee does not hold himself or
herself at the required degree of readiness to be recalled to duty.
C13.4 Where an employee who had been placed in an on-call situation is recalled to duty at a
designated place of work, the employee will be paid at the applicable overtime rates, subject to
a minimum payment of 3 hours overtime being made to the employee.
C13.5 The provisions of clause C16 - do not apply where an employee is recalled to duty while on on-
call.
C13.6 The on-call allowance is not payable for any period of time where overtime payments are
made. Therefore, if the employee performs a period of duty for which overtime is payable, the
on-call allowance is not paid for a period equal to the overtime period.
C13.7 “Recalled to duty at a designated place of work” means a recall to perform duty at any
designated place of work and is not limited to a recall to perform at the employee’s usual place
of work. For example, a tradesperson may have a usual place of work, but while the
tradesperson is restricted the tradesperson might be recalled to perform duty at a number of
different places of work.
C13.8 Where an employee who has been placed in an on-call situation is recalled for duty, but is not
required to be recalled to their usual place of work (for example, where an employee is able to
access computer systems at home via remote access), the employee will be paid at the applicable
overtime rates, subject to a minimum payment of one hour overtime being made to the
employee.
C13.9 If a recall to duty attracts a minimum overtime payment, subsequent recalls attract a further
minimum overtime payment(s) only if the employee commences after the minimum payment
period has elapsed. For the purposes of this clause, the minimum payment period is either
3 hours or 1 hour, as set out in subclause C13.4 and subclause C13.8, from the commencement
of the recall to duty that attracts the overtime payment.
C14 - Close-Call Allowance
C14.1 Where an employee is required or directed, prior to ceasing duty, by the employee's
supervisor to be contactable and available for immediate recall to duty outside the employee’s
ordinary hours of duty (a close-call situation), the employee is entitled to be paid a close-call
allowance at the following rates:
C14.1.1 For each hour of close-call Monday to Friday—20% of the employee’s hourly rate
of pay.
Page 50 of 260
C14.1.2 For each hour of close-call on Saturday and Sunday—30% of the employee’s hourly
rate of pay.
C14.1.3 For each hour of close-call on public holidays and accrued days off—40% of the
employee’s hourly rate of pay.
C14.2 An employee placed in a close-call situation must do both of the following:
C14.2.1 Remain within a radius of 30 minutes vehicle travelling time from the work site.
C14.2.2 Commence the return to work journey immediately on being recalled, being within
5 minutes from time of recall.
C14.3 The head of service may, in special circumstances, allow an employee who cannot meet these
requirements to be deemed to be on close-call if the employee is able to return to the worksite
within 45 minutes from the time of recall.
C14.4 An employee’s pay for the purpose of calculation of payment under this clause includes higher
duties allowance and other allowances in the nature of pay.
C14.5 The close-call allowance is not payable for any period that the employee does not hold himself
or herself at the required degree of readiness to be recalled to duty.
C14.6 Where an employee who has been in a close-call situation is recalled to duty at their place of
work, the employee will be paid at the applicable overtime rates, subject to a minimum
payment of 3 hours overtime being made to the employee.
C14.7 The provisions of clause C16 - do not apply where an employee is recalled to duty while on close-
call.
C14.8 Where the employee performs a period of duty for which overtime is payable, the close-call
allowance is not paid for a period equal to the overtime period.
C14.9 “Recalled to duty at their place of work” means a recall to perform duty at any designated place
of work and is not limited to a recall to perform at the employee’s usual place of work. For
example, a tradesperson may have a usual place of work, but while the tradesperson is in a
close-call situation the tradesperson might be recalled to perform duty at a number of different
places of work.
C14.10 Where an employee who had been placed in a close-call situation is recalled for duty, but is not
required to be recalled to their place of work (for example, where an employee is able to
access computer systems at home via remote access), the employee will be paid at the
applicable overtime rates, subject to a minimum payment of one hour being made to the
employee.
C14.11 If a recall to duty attracts a minimum overtime payment, subsequent recalls attract a further
minimum overtime payment(s) only if the employee commences after the minimum payment
period has elapsed. For the purposes of this clause, the minimum payment period is either
3 hours or 1 hour, as set out in subclause C14.6 and subclause C14.10, from the
commencement of the recall to duty that attracts the overtime payment.
C15 - Rest Relief for On-Call or Close-Call Situations
C15.1 Where an employee who had been placed in an on-call or close-call situation under clause
C13 - or clause C14 - is recalled to duty, the employee must, other than in exceptional
circumstances, be given a genuine opportunity for having 8 continuous hours rest in the 24
hour period where there is a recall to duty.
C15.2 In addition to the 8 hours rest relief, the employee must be allowed reasonable time to
travel to and from the employee’s place of work.
C15.3 In exceptional circumstances, if an employee is required by the head of service to resume or
continue ordinary work time without having the rest relief as set out in subclause C15.1, plus
reasonable travel time, both the following apply:
Page 51 of 260
C15.3.1 The employee must be paid an additional single time at the employee’s ordinary
hourly rate of pay until the employee is released from duty for that period.
C15.3.2 The employee is then entitled to be absent until the employee has had
8 consecutive hours off duty plus reasonable travel time, without loss of pay for
any ordinary working time occurring during that absence.
C15.4 There is a need for appropriate roster management processes to enable the effective
implementation of subclause C15.1.
C16 - Emergency Duty
C16.1 Where an employee is called on duty by the head of service to meet an emergency at a time
when the employee would not ordinarily have been on duty, and no notice of such call was
given to the employee prior to ceasing ordinary duty, the employee will be paid for such
emergency duty.
C16.2 Employees who are in on-call or close-call situations are not eligible to receive payment
under this clause.
C16.3 The time for which payment must be made under this clause includes time necessarily spent
travelling to and from duty.
C16.4 The minimum payment under this clause is 2 hours.
C16.5 The rate of payment for emergency duty is double time at the employee’s ordinary hourly rate
of pay.
C16.6 At any time following the finalisation of the initial period of emergency duty, the head of
service may place an employee on to on-call or close-call duty in accordance with clause C13 -
and C14 -.
C16.7 This does not apply to employees whose duty for the day is varied by alteration of the
commencement of the scheduled shift to meet an emergency.
C17 - Emergency Management Provision
C17.1 The ACTPS and unions recognise the need to provide sufficient support and flexibility at the
workplace to assist in delivering the government’s emergency management response.
Application
C17.2 This section applies to an employee who is directed to undertake shift work arrangements in
response to an event or series of events, or activities declared to be a significant emergency
event, in writing, by head of service.
C17.3 The entitlements in this section are effective 7 days after the declaration is made.
C17.4 This section does not apply to casual employees or an employee who already performs shift
work as part of their designated role.
C17.5 The head of service may implement shift arrangements in response to the declared significant
emergency event. Effective consultation will take place where reasonably practicable during
the significant emergency event in accordance with Section F.
C17.6 The head of service may, in writing, activate, deactivate or specify the duration of a significant
emergency event at any time.
Entitlement
C17.7 All provisions for shift workers apply with the exception of the following :
C17.7.1 The consultation provisions under subsection B15.7 do not apply.
C17.7.2 The 14-day minimum roster notification period under subsection B15.8 does not
apply.
Page 52 of 260
C17.7.3 The additional payment under subsection C8.1 is increased to 22%.
C17.7.4 The additional payment under subsection C8.2 is increased to 37%.
C17.7.5 The additional payment under subsection C8.5 is increased to 57%.
C17.7.6 The additional payment under subsection C8.6 is increased to 107%.
C17.7.7 The additional payment under subsection C8.7 is increased to 157%.
C17.8 This section ceases to apply on the earlier of the following days:
C17.8.1 The day 7 weeks from the day the emergency event is declared.
C17.8.2 The day the head of service declares the emergency event is ended.
C18 - Health and Wellbeing Payment
Purpose
C18.1 In recognition of the benefits of maintaining a healthy and productive workforce, employees
who undertake, in their own time, health promotion activities are entitled to a health and
wellbeing reimbursement payment.
Entitlement
C18.2 Having considered the requirements of this clause, the head of service may approve a
reimbursement payment not exceeding $100 per annum.
C18.3 The payment will be on a reimbursement basis subject to an original tax invoice being provided
and only one claim may be made in a Fringe Benefit year (1 April to 31 March). The health
promotion activity must have been purchased in the same Fringe Benefit year of the claim
being made.
C18.4 In order for the employee to be reimbursed costs, a completed application form and valid tax
invoice(s) must be provided as proof of purchase and must clearly display the item(s) and cost
of the item to support the claim.
Eligibility
C18.5 Permanent and temporary employees are eligible to claim the health and wellbeing
reimbursement payment where the employee has completed at least 6 months continuous
service and the tax invoice is dated during employment with the ACTPS. Casual employees are
not eligible for this payment.
Approved Activities
C18.6 An approved health and wellbeing activity is an activity, including a preventative activity or
therapy, which is generally accepted as improving health, fitness and/or wellbeing.
C18.7 The total amount that can be claimed will depend on the Fringe Benefit Tax (FBT) relating to
the approved activity. All activities to be claimed must fall within the same category. The
categories are specified in the application process.
C18.8 Where the head of service approved a reimbursement payment in accordance with clause
C18.2 the total reimbursed amount will be included in with the employees fortnightly pay and
will not be subject to tax.
C19 - Directorate Liaison Officer (DLO) Allowance
C19.1 In this clause employee refers to employees other than casuals who are engaged in the position
of Directorate Liaison Officer (DLO).
C19.2 The head of service may approve payment of a DLO allowance when an employee is engaged as
a DLO. An employee may be required or requested to work reasonable additional hours for
duty at any time, subject to the payment of the DLO allowance in accordance with the
Page 53 of 260
conditions set out in this clause, the accrual of flextime, in accordance with the conditions set
out in B18 -, and the reasonable additional hours provisions of the FW Act.
C19.3 Payment of the DLO allowance is in lieu of overtime to recognise additional hours worked as
part of the position. The DLO allowance must not be used to justify excessive workloads for
extended periods of time. Hours of work of DLOs must be managed in accordance with clause
B12 - (Management of Working Hours).
C19.4 Employees will be paid a DLO Allowance in addition to their payment for all hours worked
between the normal working hours of thirty-six hours and forty-five minutes and thirty-eight
hours and forty-five minutes in a week for a full-time employee, and proportionate hours for a
part-time employees. The allowance is aimed at recognising and remunerating reasonable
additional hours worked and other special features of the employment.
C19.5 Employees will accrue flextime only for those hours worked in excess of thirty-eight hours and
forty-five minutes in a week for a full-time employee, and proportionate hours for a part-time
employees, in accordance with clause B18 -.
C19.6 Employees will not be entitled to any other payment for overtime worked, including work
performed on a Saturday, Sunday or public holiday, except as provided under subclause B14.6.
C19.7 The DLO Allowance will be fixed at seven percent of the fortnightly rate of pay for the
employee’s classification calculated on ordinary hours worked in that fortnight, and will be paid
fortnightly in arrears.
C19.8 The DLO Allowance will not be paid on any period of paid or unpaid leave of any type.
C19.9 The DLO allowance cannot be included for the purposes of calculating purchased leave
payments.
C19.10 The DLO Allowance will not count as salary for any other purpose, except for superannuation.
C20 - Other Allowances
C20.1 The head of service may approve the payment of expense-related, disability-related,
functional-related and qualification-related allowances as provided for in this Agreement at
Annex C.
C20.2 The rates for all allowances provided for in Annex C of this Agreement will be adjusted by:
C20.2.1 1.79% from the commencement of the first full pay period on or after 1 January
2023.
C20.2.2 1% from the commencement of the first full pay period on or after 1 June 2023.
C20.2.3 1.74% from the commencement of the first full pay period on or after 1 December
2023.
C20.2.4 1.5% from the commencement of the first full pay period on or after 1 June 2024.
C20.2.5 2.44% from the commencement of the first full pay period on or after 1 December
2024.
C20.2.6 1% from the commencement of the first full pay period on or after 1 June 2025.
C20.2.7 1.93% from the commencement of the first full pay period on or after 1 December
2025.
unless the contrary intention is stated for a specific allowance in Annex C.
C20.3 Despite clause C1 - part-time and casual employees who satisfy the requirements for payment
of an expense-related allowance will receive the full amount of allowance or payment
prescribed in Annex C.
C20.3.1 Part-time and casual employees who satisfy the requirements for payment of an
allowance that is not an expense-related allowance will receive the following
Page 54 of 260
amount of the allowance or payment prescribed in Annex C unless the contrary
intention is stated for a specific allowance in Annex C:
C20.3.1 (a) If the allowance is payable by the hour, shift or occasion – the full
amount.
C20.3.1 (b) If the allowance is payable by the day, week, fortnight or year – a
prorated amount calculated according to the hours worked relative to
full-time hours.
C20.4 Allowances payable to casual employees under this Agreement are not subject to the loading
prescribed in subclause B14.3.
C20.5 Where an employee is in receipt of a shift penalty, any disability allowance the employee
receives in accordance with Annex C, will not be included for the purpose of calculating the
shift penalty.
C20.6 Unless the contrary intention is specifically provided, an allowance payable on leave is also
payable on payments in lieu of leave for credits of the same leave type in accordance with the
FW Act.
Note: this includes the ‘cash out’ of leave credits where available under this Agreement, and
the payment of leave credits on separation from the ACTPS.
C20.7 The following allowances, detailed in Annex C, may apply to any ACTPS employee:
C20.7.1 Overtime meal allowance
C20.7.2 Advanced First aid allowance
C20.7.3 Community language allowance
C20.7.4 Corporate Citizens Allowance
C20.7.5 Motor vehicle allowance.
Excess travel time
C20.8 An employee who is travelling or on duty away from the employee’s usual place of work will be
paid for time necessarily spent in travel or on duty (exclusive of overtime duty) in excess of
both the following:
C20.8.1 The employee’s usual hours of duty for the day.
C20.8.2 The time necessarily spent travelling to and from home and the usual place of
work.
C20.9 Payment under subclause C20.8 is subject to all of the following:
C20.9.1 The employee’s annual salary must not exceed the rate of $36,180 per annum.
C20.9.2 The additional travel time must be at least 30 minutes in travel in any one day, or
2.5 hours in any fortnight.
C20.9.3 The maximum payment is for 5 hours in any one day.
C20.10 The rate of payment under subclause C20.8, with the exception of employees classified as
General Service Officer, is single time on Mondays to Saturdays and time and a half on
Sundays and Public Holidays.
C20.11 Where an employee classified as General Service Officer is directed to work away from a
depot or centre on any day, the employee is entitled to be paid a Travel Relocation allowance
in accordance with Annex C.
C20.12 Where an employee’s normal place of work is variable within a specified district, the director-
general will determine the usual place of work. In this case a minimum of 20 minutes travelling
time each way applies where an employee is directed to work at another location before an
employee is entitled to payment for the excess travel time.
Page 55 of 260
Excess fares
C20.13 An employee is entitled to the reimbursement of excess fares incurred by the employee
performing duty temporarily at a place other than the employee’s usual place of work, when
the cost of travelling to and from the temporary place of work is greater than the cost of
travelling to and from the employee’s usual place of work.
Allowances arising out of employee mobility occasioned by exceptional circumstances
C20.14 In circumstances where an employee is directed, or requested and agrees, to perform the
work of a classification that is different to their substantive classification and that other work
attracts allowances which are not applicable to the employee’s substantive classification, the
head of service may, at their discretion, authorise payment to the employee of an allowance
from the other classification that relates to the performance of that other work.
C20.15 For the sake of clarity, subclause C20.14 does not give rise to an employee having an
entitlement to the payment of such other allowance. Rather, the purpose of subclause
C20.14 is to provide a mechanism for the payment of an allowance in extenuating
circumstances where the head of service considers it is warranted.
C21 - Reimbursement of Reasonable Relocation Expenses
C21.1 The purpose of this reimbursement is to provide financial assistance to employees recruited
from interstate or overseas who are engaged on a permanent or long-term temporary basis.
C21.2 The head of service may approve a reimbursement payment to a new employee as the head of
service considers is reasonable in the new employee’s circumstances. The relevant pre-
determined ceiling is set out below:
Single with no dependants $12,000
Additional payment per dependant (first 6 dependants) $2,000
Additional payment per dependant (seventh and further dependants) $1,750
C21.3 In order for a new employee to be reimbursed costs, valid receipts must be provided.
C21.4 For the purposes of this clause, dependant does not require actual financial dependency and
includes members of the new employee’s immediate household including a domestic partner,
parent, parent of domestic partner, brother, sister, guardian, foster parent, step-parent, step-
brother, half-brother, step-sister, half-sister, child, foster child or step child residing with the
employee at the time the offer is made.
C21.5 The head of service may approve payment in excess of the approved amount or ceiling in
exceptional circumstances.
C21.6 In the event that the employee terminates their employment with an ACTPS business unit
within 24 months of the date of engagement and does not commence employment with
another ACTPS business unit within one month, the employee may be required by the head of
service to repay one of the following:
C21.6.1 In the case the employee terminates employment within 12 months from the date
of appointment – 100% of the relocation reimbursement.
C21.6.2 In the case the employee terminates employment more than 12 months and less
than 24 months from the date of appointment – 50% of the relocation
reimbursement.
Page 56 of 260
Section D Pay Related Matters
D1 - Salary Sacrifice Arrangements
D1.1 Voluntary access to salary sacrifice arrangements are available to employees in accordance
with ACTPS policies and guidelines.
D1.2 The employee must meet all costs incurred as a result of the salary sacrifice arrangements
under these provisions.
D1.3 The employee's pay for superannuation purposes and severance and termination payments
are the gross pay that the employee would receive if the employee were not taking part in
salary sacrifice arrangements.
D1.4 Changes to salary sacrifice arrangements, including taxation changes, are not a cause for
further claims against the ACTPS.
D1.5 The head of service must continue to provide appropriate information to employees
concerning salary sacrifice arrangements.
D2 - Attraction and Retention Incentives
D2.1 In some special circumstances it may be necessary for the head of service to determine that
an employee or group of employees who are covered by this Agreement and who occupy
certain positions should be provided with attraction and retention incentives that may differ
from some of the terms and conditions under this Agreement.
D2.2 The framework under which attraction and retention incentives may apply during the life of
this Agreement is set out in Annex B of this Agreement.
D3 - Classification and Work Value Review
D3.1 An employee, or a group of employees, or the union(s) or other employee representatives
(“the applicant”), may present a case to request the head of service to undertake a
classification and work value review of a position or group of positions.
D3.2 The head of service must undertake the review in consultation with the employee(s), the
union(s) and other employee representatives
D3.3 If the head of service determines that the case presented under subclause D3.1 is frivolous or
vexatious, the head of service must refuse to undertake the review.
D3.4 If the head of service determines that the case presented under subclause D3.1 does not
contain enough information for the head of service to make an assessment on whether the
review is warranted, the head of service must provide the applicant an opportunity to make
further submissions. If, following such further submissions, or if no such submissions are
made, the head of service still does not have enough information to make an assessment
on whether or not the review is warranted, the head of service may refuse to undertake the
review.
D3.5 Any classification and work value review must take into account the relevant work level
standards, position descriptions, market and other relevant comparators, including
comparators that are considered pertinent to the skills, competencies and general
responsibilities required of the position(s).
D3.6 These provisions do not affect the right of the head of service to undertake a classification and
work value review at the initiative of the head of service.
D3.7 Where agreement cannot be reached on the need to conduct the review then the
disagreement may be resolved in accordance with the dispute resolution procedure.
Page 57 of 260
D4 - Supported Wage System
D4.1 Employees who are assessed as eligible to receive a supported wage under subclause D4.2
are to be paid the percentage of pay that corresponds to the employee’s assessed productive
capacity and the class of work which the person is performing, provided that the minimum
amount payable is not to be less than 10% of the second point of the ASO 1 pay range.
D4.2 The ACTPS must arrange for an assessment of the productive capacity of an employee in
accordance with the processes contained in the National Minimum Wage Order issued
annually by the FWC, except that the minimum rate payable is as set out in subclause D4.1.
D5 - Overpayments
D5.1 An overpayment is a debt owed to the Territory.
D5.2 In the event that an employee has received an overpayment, the head of service may recover
the overpayment in accordance with this clause.
D5.3 Any disputes about the application of these provisions should be addressed through the
Dispute Avoidance/Settlement Procedures outlined at F6 -. Unless the employee agrees,
recovery of monies will not occur while a dispute is in process.
D5.4 If the head of service believes that an overpayment has occurred, the head of service will
consider whether it would be appropriate in the circumstances to waive part or all of the
overpayment in accordance with section 131 of the FM Act.
D5.5 For the purposes of these provisions, when considering whether a waiver is appropriate, the
head of service will consider all the following compelling circumstances:
D5.5.1 Financial hardship.
D5.5.2 The circumstances under which the debt arose.
D5.5.3 Other exceptional circumstances.
D5.6 If the head of service considers that a waiver in accordance with subclause D5.4 is not
appropriate in the circumstances, the head of service must provide the employee with all the
following information:
D5.6.1 The pay period(s) in which the overpayment occurred.
D5.6.2 The nature of the overpayment.
D5.6.3 The reasons why the overpayment occurred.
D5.6.4 The gross and net components of the overpayment.
D5.7 The head of service will provide the employee or their representative with an opportunity to
respond or request a waiver within 10 working days from the date the information at D5.6 was
provided. If the head of service does not receive a response within this timeframe, the
overpayment process will continue in accordance with the following provisions in this clause.
D5.8 Subsequent to the decision of whether to waive the overpayment in accordance with
subclause D5.7 the head of service must advise the employee in writing, as soon as
practicable, of all the following:
D5.8.1 The decision to waive any, or part, of the overpayment, if applicable.
D5.8.2 The process for recovery of the overpayment, if any.
D5.8.3 The proposed recovery rate, if any.
D5.9 The head of service and the employee must make genuine efforts to agree on a reasonable
recovery rate having regard for all of the circumstances prior to any recovery being made.
Where agreement cannot be reached subclause D5.12 applies.
Page 58 of 260
D5.10 Any such agreement in accordance with subclause D5.9 may include recovery of the
overpayment by the head of service using one of the following methods:
D5.10.1 A lump sum payment by the employee.
D5.10.2 A payroll deduction from the employee’s pay.
D5.11 In respect to recovery action it may be agreed with the employee to adjust their leave credits
instead of, or in combination with, a cash recovery under subclause D5.10, subject to the
cashing out of leave limitation provisions in this Agreement.
D5.12 Where the head of service and the employee cannot agree about the arrangements for
recovery of an overpayment, the overpayment must be recovered in accordance with an
arrangement as determined by the head of service under section 246 of the PSM Act.
D5.12.1 Where recovery occurs in accordance with subclause D5.12 the overpayment
will be recovered at the rate of up to 10% of the employee’s gross fortnightly
pay, or such other rate determined by the head of service having regard for all of
the circumstances.
D5.13 Despite subclause D5.9 and subclause D5.12, the recovery period will not usually exceed 26 pay
periods.
D5.14 Any outstanding money owing to the ACTPS when an employee ceases employment is to be
recovered by deduction from any final entitlements payable to the employee. If a debt still
exists further debt recovery action is to be taken unless the head of service does one of the
following:
D5.14.1 Directs the recovery be waived, in part or in full, based on evidence provided
by the employee of exceptional circumstance or that such recovery would
cause undue hardship.
D5.14.2 Determines that an overpayment is not recoverable. If an overpayment is not
recoverable, the provisions of the relevant directorate’s Financial Instructions,
relating to the write off of monies, will apply.
D6 - Underpayments
D6.1 Where the head of service agrees that an employee has been underpaid on the employee’s
ordinary hourly rate of pay, and the employee requests, an offline payment for the amount
owing will be made to the employee within 3 business days of the head of service receiving
the request.
D6.2 Where a shift penalty, overtime payment or higher duties allowance is not made within 2 pay
periods of the appropriate authorisation having been received by the relevant corporate
area, and the employee requests, an offline payment for the amount owing will be made to
the employee within 3 business days of the head of service receiving the request.
D7 - Superannuation
D7.1 The head of service must provide employer superannuation contributions in accordance with
the relevant legislative requirements.
D7.2 This clause does not apply to employees who are members of the Public Sector Superannuation
Accumulation Plan (PSSap), unless they are eligible to be members of the PSSap as a fund of
choice.
D7.3 This clause does not apply to preserved members of other superannuation plans, including CSS
and PSSdb. Employees covered by those superannuation plans, must receive the employer
contributions specified by the fund rules for the relevant superannuation plan.
D7.4 An employee may choose any approved superannuation fund as long as the fund can accept
employer contributions by EFT. If the employee’s chosen fund cannot or will not accept
additional contributions as outlined in subclause D7.5 and subclause D7.8, then the
Page 59 of 260
employee will be advised of their right to change funds, to enable such contributions to be
made.
D7.5 The employer contributions are all of the following:
D7.5.1 From 1 July 2022 to 30 June 2025 is 11.5%.
D7.5.2 From 1 July 2025 to 31 December 2025 is 12%.
D7.5.3 From 1 January 2026 is 12.5%.
D7.5.4 A further 1% pro rata per pay, based on the employee’s gross fortnightly
Ordinary Time Earnings (OTE) (or other methods where prescribed by the
nominated superannuation fund rules), for each pay period where the
employee contributes 3% or more of their fortnightly OTE to their nominated
superannuation fund (either in pre or post tax dollars) and where it is
processed through the ACT Government’s payroll system.
D7.6 The salary for superannuation purposes is calculated on the employee's Ordinary Time Earnings
(OTE) within the meaning of the Superannuation Guarantee (Administration) Act 1992.
D7.7 Employer contributions are not reduced by any other contributions made through salary
sacrifice arrangements.
D7.8 For employees who take paid or unpaid parental leave (which includes birth, parental,
grandparental and foster care leave), employer contributions (which are calculated using
the same formula as prescribed in subclause E14.22) are made for an aggregate period
equal to a maximum of 104 weeks of the parental leave (which includes birth, parental,
grandparental and foster care leave), in accordance with the rules of the appropriate
superannuation scheme. For clarification, the 104-week period includes separate shorter
periods aggregating to 104 weeks, and does not need to be one continuous period.
D7.9 The Government must, through the Chief Minister,Treasury and Economic Development
Directorate, consult with unions and employees on changes to superannuation legislation
that may be proposed by the Commonwealth.
D8 - Payment on Death
D8.1 Where an employee dies, or the head of service has directed that an employee is presumed to
have died on a particular date, the head of service may make a payment or partial payment for
unused leave credits and other entitlements directly to the dependants or the domestic
partner, or to the legal personal representative, or to the estate, of the former employee of an
amount that would have been paid had the employee ceased employment otherwise than
because of the employee’s death. The payment in respect of unused long service leave is
calculated in accordance with subclause E25.23.
Page 60 of 260
Section E Leave
E1 - Part-time Employees
E1.1 Part-time employees are credited and debited leave on a pro rata basis.
E2 - Leave Below One Day
E2.1 Employees with access to flextime (or TOIL) must use flextime (or TOIL) for all absences of
less than one day wherever practicable; however personal leave may still be accessed for
these absences.
E3 - Non-approval of Leave
E3.1 Where a request is not approved the head of service must, if so requested in writing by the
employee, provide the reasons for that decision to the employee in writing. Where a request
is not approved the head of service must consult with the employee to determine mutually
convenient alternative arrangements.
E4 - Personal Leave
Purpose
E4.1 Personal leave is available to employees to enable them to be absent from duty in any of the
following circumstances:
E4.1.1 The employee is unfit for work because of a personal illness, or personal injury.
E4.1.2 The employee must provide care or support to a member of the employee’s
immediate family, or a member of the employee’s household who is in either of
the following circumstances:
E4.1.2 (a) They are ill or injured.
E4.1.2 (b) They are affected by an unexpected emergency.
E4.1.3 The employee is attending a medical appointment for themself, or a member of
their immediate family or household, with a registered health professional who is
operating within their scope of practice.
E4.1.4 There are special, extraordinary or unforeseen circumstances in accordance with
clause E5 -.
Eligibility
E4.2 Personal leave is available to employees other than casual employees.
Entitlement
E4.3 An employee may be granted personal leave up to their available credit from the first day of
service.
E4.4 Personal leave is cumulative and there is no cap on the personal leave balance an employee
may accrue.
E4.5 If a person is retired from the Sector on grounds of invalidity, and is re-appointed as a result
of action taken under the Superannuation Act 1976 or the Superannuation Act 1990, they are
entitled to be re-credited with unused personal leave credit held prior to the invalidity
retirement.
E4.6 Personal leave will not accrue during a period of unauthorised absence or a period of leave
without pay that does not count for service.
E4.7 A part-time officer or part-time temporary employee will accrue personal leave calculated on
a pro rata basis.
Interim Arrangements Until Daily Accrual is Implemented
Page 61 of 260
E4.8 Except for a short-term temporary employee and an employee to whom subclause E4.9
applies, an employee’s personal leave balance will be credited with an equivalent of 3.6
weeks of personal leave on the day they commence with the Territory.
E4.9 On engagement under the PSM Act, employees who have prior service recognised for
personal leave purposes will be credited with any personal leave balance accrued with the
previous employer. On the employee’s normal accrual date, the employee will then receive
personal leave in accordance with subclause E4.10. Where the employee’s personal leave
prior to engagement with the ACTPS was accrued on a progressive basis, rather than
credited prospectively, the employee will also be credited with an amount of personal leave
which is the difference between 3.6 weeks and any personal leave already accrued with the
previous employer for their current accrual year.
Note: For the purposes of this clause ‘normal accrual date’ means the accrual date with the
previous employer as recognised as part of the prior service.
E4.10 An additional credit of 3.6 weeks personal leave will be made on the anniversary of the
employee’s commencement during each year of service.
E4.11 The accrual date for personal leave will be deferred by one day for every calendar day of
unauthorised absence or leave without pay that does not count for service.
Short-term temporary employees
E4.12 A short-term temporary employee will be credited with 0.2 weeks of personal leave on
commencement and a further 0.8 weeks of personal leave after 4 weeks continuous service.
Thereafter the employee will be credited with 0.2 weeks of personal leave for each subsequent
4 weeks of continuous service up to a maximum of 2 weeks in the employee’s first 12 months
of service.
E4.13 After 12 months continuous service short-term temporary employees will receive 5.2 weeks
of personal leave with pay. For every subsequent 12 months of service, short-term
temporary employees will receive personal leave in accordance with subclause E4.10.
E4.14 A short-term temporary employee subsequently appointed under the PSM Act prior to
completing 12 months service will have their personal leave balance brought up to the
equivalent of 3.6 weeks, less any personal leave with pay granted under subclause E4.3. For
subsequent accruals that short-term temporary employee will receive personal leave on the
same basis as an officer on the anniversary of the commencement of their employment.
Daily Accrual Implementation
E4.15 Personal leave will move to daily accrual from 1 January 2024, or the commencement of the
Agreement, whichever is the latter.
E4.16 An employee’s personal leave credit accrues daily according to the following formula:
Total hours of leave accrued per day = (A x B x D) / C, where:
E4.16.1 A = number of ordinary hours per week worked.
E4.16.2 B = one where the day counts as service or zero where the day does not count as
service or is an unauthorised absence.
E4.16.3 C = number of calendar days in the year.
E4.16.4 D = number of weeks of personal leave an employee is entitled to a year.
E4.17 For the purpose of subclause E4.16 the basic leave entitlement is one of the following:
E4.17.1 In the case of 36.75 hour workers, 132.3 hours leave (3.6 weeks) for each full year
worked.
E4.17.2 In the case of 38 hour workers, 136.8 hours leave (3.6 weeks) for each full year
worked.
Page 62 of 260
E4.18 Except for a short-term temporary employee and an employee to whom subclause E4.19
applies, an employee’s personal leave balance will be credited with an equivalent of 3.6 weeks
of personal leave on the day they commence with the Territory.
E4.19 On engagement under the PSM Act, employees who have prior service recognised for personal
leave purposes will be credited with any personal leave balance accrued with the previous
employer.
E4.20 For permanent and long-term temporary employees, if the personal leave balance brought
over from the previous employer, in accordance with subclause E4.19, is less than 3.6 weeks,
the employee will be credited with the difference between 3.6 weeks and the balance brought
over.
E4.21 For short-term temporary employees, if the personal leave balance brought over from the
previous employer, in accordance with subclause E4.19, is less than 1.8 weeks, the employee
will be credited with the difference between 1.8 weeks and the balance brought over.
Short-term temporary employees
E4.22 A short-term temporary employee will be credited with 1.8 weeks of personal leave on
commencement. On each day of service thereafter, the employee will receive a credit based on
the formula in subclause E4.16.
E4.23 After 12 months continuous service short-term temporary employees will receive 1.8 weeks of
personal leave with pay.
E4.24 A short-term temporary employee subsequently appointed under the PSM Act within 12
months of commencement will be credited with an additional 1.8 weeks of personal leave.
Transition period for daily accrual implementation
E4.25 Current employees will transition from annual accrual to daily accrual of personal leave on the
next accrual date for each employee within the transition year. On this date, and each day of
service thereafter, the employee will receive a credit based on the formula in subclause E4.16.
E4.26 Current employees will be credited with an equivalent of 3.6 weeks of personal leave on their
accrual date in the transition year. On this date, and each day of service thereafter, the
employee will receive a credit based on the formula in subclause E4.16.
When personal leave credits have been exhausted
E4.27 The head of service may, for any reason including where personal leave credits have been
exhausted, and subject to the production of documentary evidence, grant an employee a
period of unpaid personal leave for personal illness or injury or for the care or support of a
member of the employee’s immediate family or household who is ill or injured or affected by
an unexpected emergency. This is in addition to the entitlement to unpaid carer’s leave that
employees have under the NES.
NOTE: In such circumstances, alternative arrangements are also provided for at subclause
E4.59.
E4.28 Despite subclause E4.27, the head of service may allow an employee, when the employee
provides documentary evidence that the employee has a personal illness or injury, or needs
to provide care or support to a member of the employee’s immediate family or household, to
anticipate up to a maximum of 1 week paid personal leave where all full pay personal leave
credits are exhausted.
E4.29 Any personal leave debits that an employee has at the time they cease employment with the
ACTPS will be treated as a debt in accordance with clause D5 -. The debt will be recovered
from any termination payment owing to the employee, except in the case of death.
E4.30 Temporary employees may be granted up to an aggregate of 20 days without pay in the first 12
months.
Page 63 of 260
E4.31 The head of service may, in exceptional circumstances and subject to the production of
documentary evidence, grant an employee an additional period of paid personal leave for
personal illness or injury, or for the employee to provide care or support to a member of the
employee’s immediate family who is ill or injured. This leave may be at either full or half pay.
Such leave will not be granted if the absence is due to a condition for which the employee is
receiving compensation under the Safety, Rehabilitation and Compensation Act 1988.
Other provisions
E4.32 An employee in receipt of workers compensation for more than 45 weeks will accrue personal
leave on the basis of hours actually worked.
E4.33 Unused personal leave credit will not be paid out on cessation of employment.
Evidence and conditions
E4.34 An employee must give notice of the intention to take personal leave. The notice must be
provided to their manager or supervisor as soon as practicable (which in the case of
personal illness or injury may be a time immediately after the leave has commenced) and
must advise the duration, or expected duration, of the leave.
E4.35 The head of service may grant personal leave if they are satisfied there is sufficient cause,
having considered any requested or required documentary evidence.
E4.36 An employee must provide requested or required documentary evidence in a timely
manner. To unduly withhold the provision of documentary evidence may result in the
personal leave application not being approved for payment.
E4.37 The head of service must accept either of the following documentary evidence as proof of
personal illness or injury or the need to care for or support a member of the employee’s
immediate family or household who is ill or injured or who is affected by an unexpected
emergency:
E4.37.1 A certificate from a registered medical practitioner or registered health
professional who is operating within their scope of practice.
E4.37.2 A statutory declaration made by the employee if it is not reasonably practicable for
the employee to give the head of service a certificate.
E4.38 Unless otherwise approved by the head of service, an employee may only access a maximum
of 3 consecutive days of paid personal leave on each occasion up to an accumulated
maximum of 7 days in any accrual year, without providing documentary evidence. Absences
for personal leave without documentary evidence in excess of 3 consecutive days, or 7 days
in any accrual year is without pay.
E4.39 Up until daily accrual implementation subclause E4.38 will apply. Following daily accrual
implementation the maximum days without a certificate will reset on the next
accrual/transition date for the employee and apply for the remaining part of the calendar
year. From 1 January 2025, unless otherwise approved by the head of service, an employee
may only access a maximum of 3 consecutive days of paid personal leave on each occasion
up to an accumulated maximum of 7 days without providing documentary evidence. This will
continue to reset on 1 January each year. Absences for personal leave without documentary
evidence in excess of 3 consecutive days, or 7 days in any calendar year is without pay.
E4.40 Notwithstanding subclause E4.38 the head of service may, with reasonable cause, request the
employee to provide a medical certificate from a registered medical practitioner or registered
health professional operating within their scope of practice or a statutory declaration for any
absence from duty on personal leave at the time of notification of the absence.
E4.41 Any personal leave without pay that goes beyond a maximum continuous period of
combined paid and unpaid personal leave of 78 weeks does not count as service for any
purpose.
Page 64 of 260
E4.42 For clarity, any other form of leave taken in lieu of unpaid personal leave that is intended to
cover illness or injury will be considered as personal leave for the purpose of subclause E4.41.
E4.43 The head of service must approve an application for up to 5 days of personal leave for the
purpose of bonding leave in accordance with subclause E18.4.
E4.44 The head of service may refer an employee for a medical examination by a nominated
registered medical practitioner or registered health professional, or nominated panel of
registered medical practitioners or registered health professionals, at any time for any of
the following reasons:
E4.44.1 The head of service is concerned about the wellbeing of an employee and
considers that the health of the employee is affecting, or has a reasonable
expectation that it may affect, the employee’s ability to adequately perform
their duties.
E4.44.2 The head of service considers that documentary evidence supplied in support of
an absence due to personal illness or injury is inadequate.
E4.44.3 The employee has been absent on account of illness for a total of 13 weeks in any
26 week period.
E4.45 The head of service may require the employee to take personal leave after considering the
results of a medical examination requested by the head of service.
Rate of payment
E4.46 Personal leave is granted with pay except where it is granted without pay under subclause
E4.27, subclause E4.30 or subclause E4.38.
E4.47 Subject to the approval of the head of service, an employee may request to use personal
leave at half pay for absences of at least one week. Such absences will be deducted from
the employee’s accrued credits at a rate of 50% of the period of absence.
E4.48 Any personal leave taken must be deducted from the employee’s credit.
Effect on other entitlements
E4.49 Personal leave with pay counts as service for all purposes.
E4.50 Personal leave without pay, other than provided for at subclause E4.41, counts as service
for all purposes.
E4.51 Where an employee is absent on paid personal leave and a public holiday for which the
employee is entitled to be paid falls within that period of absence, both the following apply:
E4.51.1 The employee will be paid as a normal public holiday for that day.
E4.51.2 The public holiday will not be deducted from the employee’s personal leave
credits.
E4.52 Where the personal leave under subclause E4.51 is without pay both sides of the public
holiday or Christmas shutdown period, the public holiday, or the Christmas shutdown period,
will also be without pay.
E4.53 While personal leave is not deducted over the Christmas shutdown period, the Christmas
shutdown does not break continuity of the period of absence in relation to the maximum
period(s) of leave under subclause E4.41.
Interaction with other leave types
E4.54 This clause applies to an employee who suffers personal illness or injury, or provides care or
support for a member of the employee’s immediate family or household who is ill or
injured or who is experiencing an unexpected emergency, for one day or longer while the
employee is on one of the following types of leave:
E4.54.1 Annual leave
Page 65 of 260
E4.54.2 Purchased leave
E4.54.3 Long service leave
E4.54.4 Unpaid birth leave
E4.54.5 Unpaid parental leave
E4.54.6 Grandparental leave
E4.54.7 Accrued day off.
E4.55 If the employee produces a certificate from a registered medical practitioner or a registered
health professional operating within their scope of practice, or in the case of an unexpected
emergency, other satisfactory evidence, the employee may apply for personal leave.
E4.56 Where an employee is subsequently granted the personal leave, the other leave must be re-
credited for the period of the personal leave that falls within the period of other leave.
E4.57 An employee cannot access paid personal leave while on paid birth leave, or primary care
giver’s leave, or adoption, permanent or long term care leave, but can apply for personal leave
during unpaid birth leave or unpaid parental leave.
E4.58 If the employee has exhausted all paid personal leave, personal leave without pay cannot be
substituted for unpaid birth leave.
E4.59 If an employee exhausts the employee’s paid personal leave entitlement and produces
documentary evidence, as per subclause E4.37, as evidence of continuing personal illness or
injury, or requirement to care or provide support to a member of the employee’s immediate
family or household, the employee may apply to the head of service for approval to take
annual leave or long service leave. If approved, this leave will not break the continuity of the
78 weeks under subclause E4.41.
E5 - Personal Leave in Special, Extraordinary or Unforeseen Circumstances
E5.1 Employees, other than casual employees, are eligible for personal leave in special,
extraordinary or unforeseen circumstances.
E5.2 Personal leave in special, extraordinary or unforeseen circumstances, is non-cumulative and
if granted is deducted from the employee’s personal leave balance.
E5.3 The head of service may grant a maximum of 10 days of personal leave, other than for personal
illness or the care of a member of the employee’s immediate household who is sick or requires
support, in an accrual year, in special, extraordinary, unforeseen or unexpected circumstances
and where it is essential that the employee have leave from the workplace. These 10 days are
in addition to the 7 days personal leave without documentary evidence.
E5.4 While personal leave in special, extraordinary or unforeseen circumstances does not
normally require documentary evidence, the head of service may request reasonable
evidence before granting the leave.
E5.5 Personal leave in special, extraordinary or unforeseen circumstances must be granted with pay.
E6 - Infectious Disease Circumstances
E6.1 Where an employee is prevented from attending for duty under the Public Health Act 1997,
the head of service may grant that employee personal leave during that period.
E6.2 The employee may also apply for the absence or a part of it to be deducted from their annual
leave credit.
E7 - Annual Leave
Purpose
Page 66 of 260
E7.1 Annual leave is available to employees to enable them to be absent from duty for the
purposes of rest and recreation.
Eligibility
E7.2 Annual leave is available to employees other than casual employees.
Entitlement
E7.3 An employee may be granted annual leave up to their available credit from the first day of
service.
E7.4 Annual leave is cumulative.
E7.5 An employee’s annual leave credit accrues on a daily basis according to the following
formula:
Total hours of leave accrued per day = (A x B x D) / C, where:
E7.5.1 A = number of ordinary hours per week worked.
E7.5.2 B = one where the day counts as service or zero where the day does not count as
service or is an unauthorised absence.
E7.5.3 C = number of calendar days in the year.
E7.5.4 D = number of weeks of annual leave an employee is entitled to a year.
E7.6 For the purpose of subclause E7.5 the basic leave entitlement is one of the following:
E7.6.1 In the case of 36.75 hour workers, 147 hours annual leave for each full year worked;
or
E7.6.2 In the case of 38 hour workers, 152 hours annual leave for each full year worked.
E7.7 Shift workers who are regularly rostered to work on Sundays and work at least 10 Sundays in a
year are entitled to an additional 5 days of paid annual leave per year.
E7.8 Shift workers rostered to work on less than 10 Sundays during which annual leave will accrue
are entitled to additional annual leave at the rate of one tenth of a working week for each
Sunday so rostered.
E7.9 If an employee moves from one ACTPS directorate to another, annual leave accrued with
the first directorate will transfer to the second directorate.
E7.10 An annual leave credit does not accrue to an employee if the employee is absent from duty on
leave for specified defence service, or full-time defence service. If the employee resumes duty
after a period of specified defence service, annual leave will accrue from the date the
employee resumes duty.
E7.11 Employees will receive payment on separation from the ACTPS of any unused annual leave
entitlement.
Evidence and conditions
E7.12 Employees are encouraged to use their annual leave in the year that it accrues, and to this
end should discuss their leave intentions with their manager or supervisor as soon as
practicable.
E7.13 An employee must make an application to the head of service to access their annual leave
entitlement.
E7.14 Having considered the requirements of this clause the head of service may approve an
employee’s application to access annual leave.
E7.15 The head of service should approve an employee’s application to take annual leave, subject to
operational requirements.
Page 67 of 260
E7.16 If the head of service does not approve an employee’s application for annual leave because of
operational requirements, the head of service must consult with the employee to determine a
mutually convenient alternative time (or times) for the employee to take the leave.
E7.17 The head of service must, unless there are exceptional operational circumstances, approve
an application for annual leave if it would enable an employee to reduce their annual leave
credit below 2.5 years worth of accrued annual leave credit. However, in the case of
exceptional operational circumstances, the head of service must consult with the employee
to determine the time (or times) for the annual leave to be taken that is mutually convenient
to both the administrative unit and the employee.
E7.18 If an employee's annual leave is cancelled without reasonable notice, or an employee is
recalled to duty from leave, the employee is entitled to be reimbursed reasonable travel
costs and incidental expenses not otherwise recoverable under any insurance or from any
other source.
E7.19 If the operations of the ACTPS, or part of the ACTPS, are suspended at Christmas or another
holiday period, the head of service may direct an employee to take annual leave at a time that
is convenient to the working of the ACTPS, whether or not an application for leave has been
made. However, this does not affect any other entitlements to leave under this Agreement.
E7.20 If an employee has the equivalent of 2 years’ accrued credit of annual leave and unless
exceptional operational circumstances exist, the employee and relevant manager or
supervisor must agree, and implement an annual leave usage plan to ensure the employee’s
accrued leave credit will not exceed an accrued 2.5 years worth of annual leave credit.
E7.21 If an employee does not agree to a reasonable annual leave usage plan the head of service
may direct an employee who has accrued 2.5 years worth of accrued annual leave credit to
take enough annual leave to reduce the accrued leave credit to the equivalent of 2 years’
accrued credit, subject to giving the employee one calendar month notice. This clause does
not apply to an employee who is on graduated return to work following compensation leave.
E7.22 An employee must reduce their annual leave credit to 2.5 years worth of entitlement or less
within 12 months if their credit exceeds 2.5 years worth of entitlement at any of the following
points in time:
E7.22.1 At the commencement of the Agreement.
E7.22.2 On joining, or returning to the ACTPS.
E7.22.3 On returning to duty from compensation leave.
E7.23 An employee may not be directed under subclause E7.21 to take annual leave where the
employee has made an application for a period of annual leave equal to or greater than the
period specified in subclause E7.21 in the past 6 months and the application was not
approved. The manager or supervisor and the employee may agree to vary an annual leave
usage plan.
Rate of payment
E7.24 Annual leave is granted with pay.
E7.25 Payment for the annual leave is based on the employee’s ordinary hourly rate of pay,
including allowances that count for all purposes for the time the leave is taken. If an
employee is being paid HDA before going on paid leave and would have continued to
receive HDA had they not taken leave then the employee is entitled to payment of HDA
during the leave.
E7.26 The head of service may approve an application in accordance with clause B20 -for annual
leave to be taken at half pay with credits to be deducted on the same basis.
Effect on other entitlements
E7.27 Annual leave counts as service for all purposes.
Page 68 of 260
E7.28 Public holidays for which the employee is entitled to payment that fall during periods of
absence on annual leave will be paid as a normal public holiday and must not be deducted from
the employee’s annual leave balance.
Interaction with other leave entitlements
E7.29 If personal leave is granted to the employee while they are on a period of annual leave, the
annual leave must be re-credited for the period of paid personal leave granted.
E7.30 Subject to the approval of the head of service, an employee who is on unpaid leave may be
granted annual leave during that period, unless otherwise stated in this Agreement.
E7.31 If an employee is prevented from attending for duty under the Public Health Act 1997, the
head of service may grant annual leave during that period.
Payment in lieu of annual leave
E7.32 On receiving a request in writing from an employee, the head of service may approve payment
in lieu of an employee using annual leave credit subject to all the following:
E7.32.1 The employee must take at least one week of annual leave in conjunction with
the payment in lieu of annual leave or the employee has taken at least one week
of annual leave in the past 6 months.
E7.32.2 The payment in lieu must not result in a reduction in the balance of the
employee’s remaining annual leave credit to below one year’s accrued
entitlement.
E7.33 Payment in lieu of annual leave is based on the employee’s ordinary hourly rate of pay,
including allowances that count for all purposes at the date of application. The payment in
lieu is based on the pay that the employee would have received for a notional period of
leave equal to the credit being paid in lieu on the day the application is made.
E8 - Annual Leave Loading
Purpose
E8.1 Annual leave loading is available to employees to provide monetary assistance while they are
on annual leave.
Eligibility
E8.2 Employees who accrue annual leave under clause E7 - are entitled to an annual leave loading.
Part-time employees are paid the annual leave loading on a pro rata basis.
Entitlement
E8.3 Where an employee's entitlement is based on paragraph E8.7.1, the leave loading payable
is subject to a maximum payment. This maximum payment is the equivalent of the
Australian Bureau of Statistics' male average weekly total earnings for the May quarter of
the year before the year in which the date of accrual occurs. Where the leave accrual is less
than for a full year, this maximum is applied on a pro rata basis.
E8.4 An employee whose employment ceases and who is entitled to payment of accumulated
annual leave or pro rata annual leave must be paid any accrued annual leave loading not yet
paid and leave loading on pro rata annual leave entitlement due on separation.
Evidence and conditions
E8.5 Annual leave loading accrued is paid at such a time as the employee nominates, by making a
written request to the head of service.
E8.6 Any unpaid annual leave loading accrued by employees must be paid on the first payday in
November following its accrual.
Page 69 of 260
Rate of payment
E8.7 The amount of an employee's entitlement under subclause E8.2 is based on whichever is the
greater of the following:
E8.7.1 Subject to subclause E8.3, 17.5% of the employee’s ordinary hourly rate of pay
on 1 January multiplied by the number of hours of annual leave accrued during
the preceding calendar year (excluding shift penalties).
E8.7.2 Any shift penalties that the employee would have received had the employee not
been on approved annual leave.
E9 - Purchased Leave
Purpose
E9.1 Purchased leave is available to employees to enable them to be absent from duty to support
their work-life balance.
Eligibility
E9.2 Employees, other than casual employees, are eligible to apply to purchase leave.
Entitlement
E9.3 Employees may purchase leave in addition to the employee’s usual annual leave entitlement,
up to a maximum of 12 weeks in any 12 month period, subject to head of service approval.
E9.4 An employee may apply, at any time, to the head of service for approval to participate in the
purchased leave scheme.
E9.5 The application must specify the amount of leave to be purchased in whole weeks up to a
maximum of 12 weeks in any 12 month period, and the period over which the additional leave
is to be acquitted.
E9.6 Approval by the head of service for an employee to purchase and use purchased leave, is
subject to both the operational requirements of the workplace and the personal
responsibilities of the employee.
E9.7 Approval to purchase additional leave must not be given where an employee has an annual
leave balance of 2.5 years worth of annual leave credit or more, except where the employee
intends to use all excess annual leave credit before taking purchased leave.
E9.8 Once an employee commences participation in the scheme, the employee may only opt out
of the scheme before the expiration of the agreed acquittal period if any of the following
apply:
E9.8.1 The employee can demonstrate in writing that exceptional circumstances exist
and the head of service agrees. For example, unforeseen financial hardship.
E9.8.2 The employee’s employment with the ACTPS ceases before the expiration of the
agreed acquittal period.
E9.8.3 The employee proceeds on paid birth or primary care giver leave.
E9.9 If an employee transfers from one ACTPS directorate to another ACTPS directorate during the
agreed acquittal period, the employee’s continuation in the purchased leave scheme is
subject to the separate approval of the gaining directorate. Where such approval is not given,
any money owing to the employee in respect of purchased leave not taken must be refunded
to the employee as soon as practicable. Any shortfall in payments must be deducted from
monies owing to the employee.
Evidence and conditions
E9.10 An employee should discuss with their manager or supervisor, as soon practicable, their
intention to be absent on purchased leave.
Page 70 of 260
E9.11 An employee must make an application to the head of service to access their purchased leave
entitlement.
E9.12 Having considered the requirements of this clause the head of service may approve an
employee’s application to access purchased leave. A decision not to approve the leave must
be made in accordance with subclause E3.1.
E9.13 Approval by the head of service to grant purchased leave is subject to the operational
requirements of the workplace, the personal responsibilities of the employee and appropriate
periods of notice.
E9.14 A minimum of one week of purchased leave, or the pro rata equivalent for part-time
employees, must be taken at any one time unless the remaining balance is less than one week
or the head of service is satisfied, on evidence presented, there are exceptional circumstances
which warrant purchased leave being taken in shorter periods.
E9.15 Purchased leave must be used within the agreed acquittal period, not exceeding 12 months
from the date of commencement in the scheme. Purchased leave not taken within the agreed
acquittal period will be forfeited and the value of the leave refunded to the employee at the
end of the acquittal period.
Rate of payment
E9.16 While an employee is on a period of purchased leave the employee must be paid at the rate of
pay used to calculate the employee’s deduction.
E9.17 Purchased leave will be paid for by a fortnightly deduction from the employee’s pay over an
agreed acquittal period not exceeding 12 months from the date the employee commences
participation in the scheme.
E9.18 Fortnightly deductions, from the employee’s pay, will commence as soon as practicable
following approval of the employee’s application to participate in the purchased leave scheme.
The deductions will be calculated on the employee’s pay at the date of commencement of
participation in the scheme, the amount of leave to be purchased and the agreed acquittal
period.
E9.19 Despite subclause E9.18, if the employee’s pay changes during the acquittal period the
employee may apply to the head of service for the deduction to be recalculated.
E9.20 Fortnightly tax deductions are calculated on the employee’s gross pay after the deduction
has been made for purchased leave.
E9.21 Subject to subclause E9.22, allowances in the nature of pay may be included in the
calculation of purchased leave payments if both the following apply:
E9.21.1 The head of service and the employee agree any or all of these allowances are
appropriate.
E9.21.2 There is the likelihood the allowance will continue to be received over the
duration of the acquittal period.
E9.22 Disability allowances, which are paid according to the hours worked, cannot be included for the
purposes of calculating purchased leave payments.
Effect on other entitlements
E9.23 Leave taken as purchased leave counts as service for all purposes.
E9.24 Public Holidays for which the employee is entitled to payment that fall during periods of
absence on purchased leave must be paid as a normal public holiday and not deducted from
the employee’s purchased leave balance.
E9.25 Purchased leave does not affect the payment and timing of pay increments or the accrual of
other forms of leave.
Page 71 of 260
E9.26 The purchase of additional leave under this clause does not affect the superannuation
obligations of the ACTPS or the employee involved.
Interaction with other leave types
E9.27 Where an employee provides a certificate from a registered medical practitioner or
registered health professional operating within their scope of practice for a personal illness
or injury or for the purpose of providing care or support for a member of the employee’s
family who is ill or injured or who is experiencing an unexpected emergency during a period
of absence on purchased leave, the employee will have the purchased leave re-credited for
that period covered by the certificate, and substituted by personal leave.
E9.28 An employee participating in the scheme who proceeds on paid birth or primary care
giver’s leave must elect to do one of the following:
E9.28.1 Exit the purchased leave scheme and have any money owing refunded.
E9.28.2 Subject to subclause E9.29, remain in the scheme and have pay deductions
continue during the period of paid birth or primary care giver’s leave.
E9.29 Purchased leave taken during an employee’s absence on birth or primary care giver’s leave
does not extend the employee’s total period of birth leave or primary care giver’s leave.
E9.30 An employee participating in the scheme who is in receipt of paid workers’ compensation will
have pay deductions for purchased leave continue. Normal conditions for purchased leave
will apply for employees on graduated return to work programs; however, entry into the
scheme should be discussed with the rehabilitation case manager.
E10 - Public Holidays
Eligibility
E10.1 Public holidays are available to employees other than casual employees.
Entitlement
E10.2 Employees are entitled to be absent from duty on a day, or part of a day, that is a
public holiday, in accordance with the FW Act and this clause.
E10.3 The following days are observed as public holidays under this Agreement:
E10.3.1 The 1 January (New Year’s Day), and, if that day falls on a Saturday or Sunday, the
following Monday.
E10.3.2 The 26 January (Australia Day), or, if that day falls on a Saturday or Sunday,
the following Monday.
E10.3.3 The 2nd Monday in March (Canberra Day).
E10.3.4 Good Friday.
E10.3.5 The Saturday following Good Friday.
E10.3.6 Easter Sunday.
E10.3.7 The Monday following Good Friday.
E10.3.8 The 25 April (Anzac Day), or, if that day falls on a Saturday or Sunday, the following
Monday.
E10.3.9 The 27 May (Reconciliation Day), or, if that day is not a Monday, the following
Monday.
E10.3.10 The 2nd Monday in June (the day for the observance of the anniversary of the
birthday of the Sovereign).
E10.3.11 The 1st Monday in October (Labour Day).
E10.3.12 The 25 December (Christmas Day) and:
Page 72 of 260
E10.3.12 (a) If Christmas Day falls on a Saturday, the following Monday; or
E10.3.12 (b) If Christmas Day falls on a Sunday, the following Tuesday.
E10.3.13 The 26 December (Boxing Day) and:
E10.3.13 (a) If Boxing Day falls on a Saturday—the following Monday; or
E10.3.13 (b) if that day falls on a Sunday—the following Tuesday.
E10.4 In addition to the public holidays provided for under subclause E10.3, employees are
entitled to be absent from duty as if it were a public holiday on all of the following:
E10.4.1 The next business day after Boxing Day, or one of the following:
E10.4.1 (a) If Boxing Day falls on a Saturday, the following Tuesday.
E10.4.1 (b) If Boxing Day falls on a Sunday, the following Wednesday.
E10.4.2 Any other day, or a part of any other day, that the Minister declares to be a public
holiday in the ACT under the Holidays Act 1958 (the Holidays Act).
E10.4.3 Any other day, or a part of any other day, that the head of service declares to be a
holiday under subsection 17(5) of the PSM Act.
E10.5 Where a day identified in subclause E10.3 is replaced by another day by an amendment to the
Holidays Act, the replacement day will be observed as the public holiday in its place.
E10.6 An employee and the head of service may agree on the substitution of a day or part day that
would otherwise be a public holiday, having regard to operational requirements.
E10.7 If an arrangement described under clause E10.6 is not practical in relation to the operational
and business requirements of the directorate or business unit, the employee may, with the
approval of the head of service, observe a day of cultural or religious significance to the
employee as a holiday and make up the equivalent hours at some other agreed time.
Rate of payment
E10.8 Subject to subclause E10.9 and subclause E10.10, where an employee who is entitled to be
absent from duty on a day, or a part of a day, that is a public holiday, and the employee is
absent from duty, the employee will be paid at the employee's ordinary hourly rate for the
employee's ordinary hours of work on that day or part-day.
E10.9 A part-time employee is entitled to observe a public holiday without loss of pay if the
employee would usually have been required to work on the day of the week on which the
public holiday falls. To remove any doubt, a part-time employee whose regular part-time
hours do not fall on a public holiday will not be paid for that public holiday.
E10.10 An employee will not be paid for a public holiday which occurs during a period of leave
without pay.
E10.11 If a public holiday occurs on the day immediately before or immediately after an
employee is on a period of leave without pay the employee is entitled to be paid for the
public holiday.
Effect on other entitlements
E10.12 Subject to subclause E10.13, public holidays count as service for all purposes.
E10.13 A public holiday does not count as service if it occurs while the employee is on a period of
leave not to count as service.
E11 - Christmas Shutdown
Purpose
E11.1 Christmas shutdown is provided for operational efficiency and the wellbeing of employees.
Eligibility
Page 73 of 260
E11.2 Christmas shutdown is available to employees other than casual employees.
Entitlement
E11.3 Employees are entitled to 2 days of paid absence during the Christmas shutdown period,
which are the business days between 28 December and 31 December inclusive.
E11.4 Only those employees who are directed or rostered to work during this period may attend for
work over the Christmas shutdown period.
E11.5 If an employee (other than an employee to whom subclause E11.6 or subclause E11.7
apply) is directed to work during the Christmas shutdown period the employee i, in addition
to the entitlement under subclause E11.3, is entitled to one of the following:
E11.5.1 A paid absence, equivalent to the time worked at a time agreed between the
employee and the relevant manager or supervisor.
E11.5.2 A payment equivalent to the time worked at the employee’s ordinary rate of
pay.
E11.6 Employees who are working under rostering arrangements during the Christmas shutdown
period are entitled to one of the following:
E11.6.1 A paid absence at a time agreed between the employee and the relevant manager
or supervisor equivalent to the time worked, or the time the employee would have
worked had the employee been rostered to work.
E11.6.2 A payment equivalent to the time worked, or the time the employee would have
worked had the employee been rostered to work at the employee’s ordinary rate
of pay.
E11.7 An employee who is working under rostering arrangements who is required to work on a
rostered day off which falls on either of the Christmas shutdown days shall receive payment
of overtime at the appropriate rate for the attendance. The payment of overtime is in
addition to the entitlement under subclause E11.6. These days are not public holidays and
therefore public holiday rates do not apply.
E11.8 Nothing in this clause is intended to reduce or increase a part-time employee’s pay
entitlement for the pay period in which the Christmas shutdown period falls. Part-time
employees whose regular part-time hours do not fall during the Christmas shutdown period
are not entitled to the additional 2 days of paid absence.
E11.9 Notwithstanding subclause E11.8 part-time employees whose regular part-time hours do
not fall during the Christmas shutdown period, but who are directed to work during the
Christmas shutdown period, are entitled to one of the following:
E11.9.1 A paid absence, equivalent to the time worked, at a time agreed between the
employee and the relevant manager or supervisor.
E11.9.2 A payment of overtime at the appropriate rate for the time worked.
Rate of payment
E11.10 Christmas shutdown absence is granted with pay.
Effect on other entitlements
E11.11 Christmas shutdown absence counts as service for all purposes.
E12 - Compassionate Leave
Purpose
E12.1 Compassionate leave is available to employees to enable them to be absent from duty when
one of the following applies to a member of an employee’s immediate family or household:
Page 74 of 260
E12.1.1 They have a personal illness or injury that poses a serious threat to the person’s
life.
E12.1.2 They die, including where a child is stillborn.
E12.2 Compassionate leave is available to enable them to be absent from duty when they experience
a miscarriage or when an employee’s domestic partner has experienced a miscarriage.
Eligibility
E12.3 Compassionate leave is available to all employees.
Entitlement
E12.4 An employee may be granted compassionate leave from the first day of service.
E12.5 Compassionate leave is non-cumulative.
E12.6 Employees are entitled to up to 5 days of compassionate leave on each occasion of the
death of a member of the employee’s immediate family or household. The head of service
may grant an additional paid or unpaid period of compassionate leave for this purpose.
E12.7 Employees are entitled to up to 2 days of compassionate leave on each occasion of personal
illness or injury of a member of the employee’s immediate family or household that poses a
serious threat to the person’s life. The head of service may grant an additional paid or unpaid
period of compassionate leave for this purpose.
Evidence and conditions
E12.8 The employee should discuss with their manager or supervisor, as soon as practicable, their
absence or intention to be absent on compassionate leave.
E12.9 An employee must make an application to the head of service to access compassionate leave.
E12.10 The head of service may request evidence that would satisfy a reasonable person that an
application for compassionate leave is for a purpose specified in subclause E12.1.
E12.11 Having met the requirements of this clause, the head of service must approve an employee’s
application to access compassionate leave.
E12.12 If the employee has not provided the evidence requested under subclause E12.10, a
decision not to approve the leave may be taken in accordance with subclause E3.1.
Rate of payment
E12.13 Compassionate leave must be granted with pay, except for casual employees and except
where it is granted without pay under subclause E12.6 or subclause E12.7.
E12.14 Compassionate leave is paid at the employee’s base rate of pay, including relevant
allowances for the ordinary hours the employee would have worked during the leave.
Effect on other entitlements
E12.15 Compassionate leave with pay counts as service for all purposes.
E12.16 Public Holidays for which the employee is entitled to payment that fall during periods of
absence on paid compassionate leave must be paid as a normal public holiday and will not be
considered an absence on compassionate leave.
Interaction with other leave types
E12.17 If compassionate leave of at least one day is granted while an employee is absent on another
type of leave, the other type of leave must be re-credited for the period of the absence on
compassionate leave.
E13 - Community Service Leave
Purpose
Page 75 of 260
E13.1 Community service leave is available to employees to allow them to be absent from the
workplace to engage in the following 3 distinct types of community service activities:
E13.1.1 Jury service (including attendance for jury selection) that is required by or under
a law of the Commonwealth, a State or a Territory.
E13.1.2 A voluntary emergency management activity.
E13.1.3 Other recognised voluntary community service activities.
Jury Service
Eligibility
E13.2 Community service leave for jury service is available to all employees.
Evidence and conditions
E13.3 Although the granting of community service leave for jury service is deemed to be
approved, an employee must do both the following:
E13.3.1 Submit a leave application for the period of the absence.
E13.3.2 Provide sufficient documentary evidence of the reason for the absence.
E13.4 The employee should discuss with their manager or supervisor their intention to be absent on
community service leave for jury service.
Rate of payment
E13.5 Community service leave for jury service must be granted with pay to employees other than
casual employees.
E13.6 If the employee is paid jury fees, this amount must be deducted from the employee’s pay less
reasonable out-of-pocket expenses.
Effect on Other Entitlements
E13.7 Community service leave for jury service counts as service for all purposes.
E13.8 Public holidays for which the employee is entitled to payment that fall during periods of
absence on paid community service leave for jury service must be paid as a normal public
holiday and will not be considered to be community service leave for jury service.
Voluntary Emergency Management
Eligibility
E13.9 An employee who is a member of a relevant voluntary emergency management service,
including any of the following, is eligible for community service leave:
E13.9.1 A state or territory emergency service.
E13.9.2 A fire-fighting service.
E13.9.3 A search and rescue unit.
E13.9.4 Another volunteer service that performs similar functions.
E13.10 A casual employee who is a member of a relevant emergency service is eligible to unpaid
community service leave for voluntary emergency management service.
Entitlement
E13.11 Eligible employees are entitled to be absent on unpaid leave to engage in a voluntary
emergency management activities, subject to operational requirements in the workplace.
E13.12 Eligible employees, other than casual employees, are eligible for up to 4 days paid community
service leave for voluntary emergency management per emergency.
E13.13 Community service leave for voluntary emergency management is non-cumulative.
Evidence and conditions
Page 76 of 260
E13.14 An employee should discuss their intention to be absent on paid or unpaid community service
leave for voluntary emergency management with their manager or supervisor as soon as
practicable, which may be at a time after the absence has started. The employee must advise
the manager or supervisor of the period, or expected period, of the absence.
E13.15 An employee must make an application to the head of service to access their community
service leave entitlement for voluntary emergency management.
E13.16 The employee must, if requested by the head of service, provide sufficient documentary
evidence of the reason for the absence.
E13.17 The head of service may grant paid community service leave for voluntary emergency
management to enable the employee to fulfil an obligation in the event of a civil emergency.
E13.18 Having considered the requirements of this clause the head of service may approve an
employee’s application to access paid community service leave for voluntary emergency
management. A decision not to approve the leave must be taken in accordance with subclause
E3.1.
Rate of payment
E13.19 Where paid leave is granted for community service leave for voluntary emergency
management, it is paid at the employee’s ordinary hourly rate of pay.
Effect on other entitlements
E13.20 A period of approved community service leave for voluntary emergency management counts
as service for all purposes.
E13.21 Public holidays for which the employee is entitled to payment that fall during periods of
absence on paid community service leave for voluntary emergency management must be paid
as a normal public holiday and will not be considered to be community service leave for
voluntary emergency management.
Additional leave
E13.22 Additional paid leave may be approved by the head of service for any voluntary emergency
management duties required to be performed by an employee who is a member of a state or
territory emergency service.
Voluntary Community Service
Eligibility
E13.23 Community service leave for voluntary community service is available to all employees.
Entitlement
E13.24 Employees, other than casual employees, are entitled to up to 3 days of paid leave for
community service leave to engage in a recognised voluntary community service activity
within a 12 month period.
E13.25 Community service leave for voluntary community service is non-cumulative.
E13.26 An employee may be granted unpaid community service leave to engage in a recognised
voluntary community service activity, subject to operational requirements in the workplace.
Evidence and conditions
E13.27 An employee should discuss their intention to be absent on community service leave for
voluntary community service, as soon as practicable, with their manager or supervisor.
E13.28 An employee must make an application to the head of service to access their community
service leave for voluntary community service entitlement.
E13.29 The head of service may request sufficient documentary evidence of the reason for the
absence.
Page 77 of 260
E13.30 In considering an application from an employee for paid leave to engage in a voluntary
community service activity, the head of service must consider all of the following:
E13.30.1 Whether the activity is a recognised voluntary activity and benefits the local
community.
E13.30.2 Whether the community organisation or project is an acceptable organisation or
project as defined in whole-of-government policy or the employee’s directorate
guidelines.
E13.30.3 Whether there is a risk the activity would place the employee in a real or perceived
conflict of interest.
E13.31 Leave for a voluntary community service activity must not be approved for activities that do
any of the following:
E13.31.1 Involve any payment in cash or kind for the duties performed by the employee.
E13.31.2 Replace work ordinarily undertaken by a paid worker.
E13.31.3 Are undertaken solely for direct personal benefit of the employee.
E13.31.4 Place the employee in a conflict-of-interest situation.
E13.31.5 Primarily focus on promoting particular religious or political views.
E13.31.6 Involve work which does not have a local community focus.
E13.32 Having considered the requirements of this clause the head of service may approve an
employee’s application to access paid or unpaid community service leave for voluntary
community service.
E13.33 A decision not to approve the leave must be made in accordance with subclause E3.1.
Rate of payment
E13.34 Community service leave for voluntary community service is granted with pay for the first
3 days leave in a 12 month period to all employees except casual employees.
Effect on other entitlements
E13.35 Community service leave for voluntary community service counts as service for all purposes
up to a maximum of 23 days in any 12 month period.
E13.36 Where the head of service has approved a request for unpaid community service leave for
voluntary community service exceeding 20 days in a 12 month period, the leave in excess of
20 days does not count as service.
E13.37 Public holidays for which the employee is entitled to payment that fall during periods of
absence on paid community service leave for voluntary community service must be paid as
a normal public holiday and will not be considered to be community service leave for
voluntary community service.
Interaction with other leave entitlements
E13.38 Leave granted under this provision may be taken in combination with approved annual or
long service leave.
E14 - Birth Leave
Purpose
E14.1 Birth leave is available to pregnant employees to enable them to be absent from duty to do any
of the following:
E14.1.1 Support their own wellbeing and to care for and bond with a newborn child.
E14.1.2 Support the protection of the family and children under the Human Rights Act
2004.
Page 78 of 260
E14.1.3 Support the employee’s right to continuity of service.
Eligibility
E14.2 An employee who is pregnant is eligible to be absent on birth leave.
E14.3 An employee is eligible for birth leave where any of the following applies:
E14.3.1 The employee gives birth to a newborn child;
E14.3.2 the employee’s pregnancy ends at or within 20 weeks of the estimated date of
delivery of the child, including where a child is stillborn.
E14.4 Where an employee’s pregnancy ends by miscarriage, any birth leave which has been
prospectively approved must be cancelled. In this circumstance, the employee may become
eligible for compassionate leave in accordance with clause E12 - and special birth leave in
accordance with clause E15 -.
Eligibility – paid birth leave
E14.5 An employee (other than a casual employee) who is eligible for birth leave and who has
completed 12 months of continuous service, including recognised prior service, immediately
prior to commencing a period of birth leave, is eligible for paid birth leave.
E14.6 An employee (other than a casual employee) who is eligible for birth leave and who completes
12 months of continuous service within the first 24 weeks of birth leave is eligible for paid birth
leave for the period between completing 12 months of service and the end of the first 24
weeks of birth leave.
E14.7 An employee who is eligible for paid birth leave and who is on approved leave without pay is
eligible for paid birth leave for the period between completing the approved period of leave
without pay and the end of the first 24 weeks of birth leave.
Entitlement
E14.8 An eligible employee is entitled to be absent for up to 52 weeks birth leave for each pregnancy.
To avoid doubt, the entitlement under this clause does not increase in cases of multiple births.
E14.9 Subject to subclause E14.4, an employee who is eligible for paid birth leave is entitled to be
paid for the first 24 weeks of birth leave and this entitlement is in addition to the federal
paid parental leave scheme.
E14.10 Birth leave is non-cumulative.
E14.11 Subject to subclause E14.13 and subclause E14.14, an employee who is eligible for birth
leave must absent themselves from duty for a period commencing 6 weeks prior to the
estimated date of delivery of the child and ending 6 weeks after the actual date of birth of
the child.
E14.12 An eligible employee’s period of birth leave commences 6 weeks prior to the estimated date of
delivery unless one of the following applies:
E14.12.1 The employee is approved a later commencement date under subclause E14.13.
Birth leave will commence on the date recommended by the medical practitioner.
E14.12.2 The child is born more than 6 weeks before the estimated date of delivery.
Birth leave will commence on the day the child is born.
E14.12.3 The pregnancy ends at or within 20 weeks of the estimated date of delivery of
the child, including where a child is stillborn. Birth leave will commence on the
day the pregnancy ends.
E14.13 An employee who produces medical evidence from a registered medical practitioner or a
registered midwife that they are fit for duty until a date less than 6 weeks prior to the
estimated date of delivery of the child may continue to work up until a date recommended
by the medical practitioner, subject to the approval of the head of service.
Page 79 of 260
E14.14 An employee who has given birth to a child and produces medical evidence from a registered
medical practitioner that they are fit for duty from a date less than 6 weeks after the date of
birth of the child may resume duty on a date recommended by the medical practitioner,
subject to the approval of the head of service.
E14.15 An employee who has given birth to a child may resume duty following the end of the 6 week
period after the birth of the child and earlier than the end of the approved period of birth leave
subject to the approval of the head of service.
E14.16 An employee is entitled to return to work in accordance with the provisions in the NES.
Evidence and conditions
E14.17 An employee must give notice to their manager or supervisor as soon as practicable of their
intention to be absent on birth leave.
E14.18 Birth leave is deemed to be approved; however an employee must submit an application to
the head of service for any period of birth leave. Having considered the requirements of this
clause the head of service must approve an employee’s application to access birth leave.
E14.19 Prior to commencing birth leave an employee must provide the head of service with
evidence of the pregnancy and the estimated date of delivery from a registered medical
practitioner or registered health professional who is operating within their scope of practice.
E14.20 If requested by the head of service, an employee must provide the head of service with
evidence of the birth and the date of the birth of the child as soon as possible after the birth
of the child. Such evidence may include a copy of the birth certificate or documents provided
by a registered medical practitioner or registered health professional who is operating within
their scope of practice.
Rate of payment
E14.21 The rate of payment to be paid to the employee during a paid period of birth leave is the same
rate as would be paid if the employee was granted paid personal leave.
E14.22 Despite subclause E14.21, where an employee varies their ordinary hours of work, either
from part-time to full-time, from part-time to different part-time, or from full-time to part-
time, during the 12-month period directly preceding birth leave, the rate of payment for the
paid component of their birth leave, which is capped at full-time rates, is calculated by using
the average of their ordinary hours of work, excluding any periods of leave without pay, for
the 12-month period immediately before the period of birth leave commences.
E14.23 To avoid doubt, an employee’s status and all other entitlements remain unaltered by the
operation of subclause E14.22.
E14.24 Paid birth leave may be taken with full or half pay, or a combination of full and half pay,
with credits to be deducted on the same basis. The maximum paid period is up to 48
weeks at half pay.
E14.25 The head of service may approve, subject to a medical certificate from a registered medical
practitioner, an employee taking paid birth leave in a non-continuous manner, on the
condition no other form of paid leave is approved before the employee has used all of their
paid birth leave entitlement.
E14.26 A period of paid birth leave does not extend the maximum 52 week period of birth leave
available to an eligible employee.
E14.27 An employee’s period of absence on birth leave between the paid period of birth leave and the
maximum 52 week period of birth leave must be without pay, unless other paid leave
entitlements are accessed.
Effect on other entitlements
E14.28 Birth leave with pay counts as service for all purposes.
Page 80 of 260
E14.29 Any period of unpaid birth leave taken by an employee during the period commencing 6 weeks
prior to the estimated date of delivery of the child and ending 6 weeks after the actual date of
birth of the child counts as service for all purposes.
E14.30 Subject to subclause E14.29, any period of unpaid birth leave taken by an employee does not
count as service for any purpose, but does not break continuity of service.
E14.31 Public holidays for which the employee would otherwise have been entitled to payment
that fall during periods of absence on birth leave will not be paid as a normal public holiday.
Interaction with other leave entitlements
E14.32 An application by an employee for long service leave or annual leave during a period that
would otherwise be an unpaid period of birth leave must be granted to the extent of available
entitlements.
E14.33 Subject to subclause E4.55, an application by an employee for personal leave during a period
that would otherwise be an unpaid period of birth leave must be granted subject to the
employee providing a certificate from a registered medical practitioner or registered health
professional operating within their scope of practice to the extent of available entitlements.
Keep in touch arrangements (birth leave)
E14.34 At any time after 6 weeks from the child’s date of birth, an employee may, following an
invitation from the head of service, agree to attend the workplace on up to 10 separate
occasions of up to one day each so as to keep in touch with developments in the workplace
(for meetings and training etc.).
E14.35 The employee will be paid at their ordinary hourly rate of pay for the hours they attend the
workplace in accordance with subclause E14.34 during unpaid birth leave. Keep in touch
attendance counts as service for all purposes, but does not extend the period of leave and
does not end or reduce the entitlement to birth leave.
E14.36 For the purpose of subclause E14.34, a medical certificate is not required.
E15 - Special Birth Leave
Purpose
E15.1 Special birth leave is available to employees where any of the following apply:
E15.1.1 The employee is not fit for work due to a pregnancy-related illness.
E15.1.2 The pregnancy of the employee ends between 28 weeks and 20 weeks of the
estimated date of delivery, other than by the birth of a living child.
Note: If a pregnancy ends within 20 of the estimated date of delivery of the child the
employee may be entitled to paid or unpaid birth leave as per subclause E14.3.
Eligibility
E15.2 Special birth leave is available to all employees and eligible casual employees.
Entitlement
E15.3 An employee is entitled to a period of unpaid special birth leave for the duration certified
by a registered medical practitioner or registered health professional operating within their
scope of practice as necessary.
Evidence and conditions
E15.4 The employee must provide the head of service with notice that they are taking special birth
leave. The notice must be given as soon as practicable (which may be after the leave has
started); and should include the period, or expected period, of the leave.
Page 81 of 260
E15.5 An employee must submit an application to the head of service for any period of special birth
leave. Having considered the requirements of this clause the head of service must approve an
employee’s application to access special birth leave.
E15.6 An employee who has given notice that special birth leave will be (or is being) taken must
provide reasonable evidence of the purpose for taking leave. This evidence may include a
medical certificate from a registered medical practitioner or a registered health
professional operating withing their scope of practice.
Rate of payment
E15.7 Special birth leave is granted without pay.
Effect on other entitlements
E15.8 Special birth leave does not count as service for any purpose.
E15.9 Special birth leave does not break continuity of service.
E15.10 Special birth leave accessed due to pregnancy-related illness is not deducted from the
entitlement for unpaid birth leave accessed after the birth of the child.
Interaction with other leave types
E15.11 Special birth leave is in addition to any accrued personal leave entitlement.
E15.12 Special birth leave is in addition to compassionate leave.
E16 - Primary Care Giver Leave
Purpose
E16.1 Primary care giver leave is available to employees to enable them to be absent from duty to do
both of the following:
E16.1.1 Care for and bond with a newborn child.
E16.1.2 Support the protection of the family and children under the Human Rights Act
2004.
Eligibility
E16.2 Primary care giver leave is available to employees (other than casual employees) who are the
primary care giver of a newborn child.
E16.3 An employee is eligible for primary care giver leave if they have completed at least 12
months continuous service, that may include recognised prior service, immediately prior to
commencing a period of primary care giver leave.
E16.4 An employee who is eligible for paid birth leave, foster and short-term care leave, or
adoption, permanent or long term care leave is not eligible for primary care giver leave.
E16.5 An employee who completes the 12 months of continuous service within 18 weeks of
becoming the primary care giver for a child is eligible for primary care giver leave from the date
they are eligible for the leave to the end of the first 18 weeks of becoming the primary care
giver of the child.
Entitlement
E16.6 An eligible employee is entitled to 18 weeks of paid primary care giver leave in relation to a
birth and this entitlement is in addition to the federal paid parental leave scheme. To avoid
doubt, the entitlement under this clause does not increase in cases of multiple births,
adoptions or care and protection orders that apply to more than one child.
E16.7 Primary care giver leave is non-cumulative.
E16.8 An employee is entitled to return to work in accordance with the provisions in the NES.
Evidence and conditions
Page 82 of 260
E16.9 An employee should discuss with their manager or supervisor, as soon practicable, their
intention to be absent on primary care giver leave.
E16.10 An employee must make an application to the head of service to access their primary care giver
leave.
E16.11 The employee must provide the head of service with appropriate evidence concerning the
reasons for and circumstances under which the primary care giver leave application is made,
which may include any of the following:
E16.11.1 A certificate from a registered medical practitioner or registered health
professional operating within their scope of practice relating to the estimated
date of delivery of a child.
E16.11.2 A birth certificate.
E16.12 In all cases details of leave being taken by other persons who may be considered a primary care
giver in relation to the same child (or children in the case of multiple births) must be provided.
E16.13 Before granting primary care giver leave, the head of service must be satisfied that the
employee demonstrates that they are the primary care giver.
E16.14 For the purposes of this clause a newborn is considered to be a baby of up to 26 weeks old. In
extenuating circumstances, the head of service may approve primary care giver leave when a
newborn is more than 26 weeks old.
E16.15 For the purposes of clause E16.14, the primary care giver is entitled to access up to 18 weeks
primary care givers leave where the leave has commenced before the baby was 26 weeks old,
subject to subclause E16.16.
E16.16 Having considered the requirements of this clause the head of service may approve an
employee’s application to access primary care giver leave.
E16.17 The 18 weeks available as paid primary care giver leave includes any paid bonding leave
(including the personal leave component of the bonding leave entitlement) previously taken by
that employee in relation to the birth. For clarity, the total combined entitlement of paid
bonding leave (including the personal leave component of the bonding leave entitlement) and
paid primary care givers leave available is 18 weeks in relation to the birth.
E16.18 Primary care giver leave may be taken in any combination with birth leave provided that the
person who has given birth and entitled to birth leave, and the other employee eligible for
primary care giver leave do not take these forms of paid leave concurrently.
E16.19 Subclause E16.17 does not apply where the person giving birth is an ACTPS employee entitled
to surrogacy leave in accordance with clause E27 -.
Rate of payment
E16.20 Primary care giver leave is granted with pay.
E16.21 The rate of payment to be paid to the employee during a paid period of primary care giver
leave is the same rate as would be paid if the employee was granted personal leave.
E16.22 Despite subclause E16.21, where an employee varies their ordinary hours of work, either
from part-time to full-time, from part-time to different part-time, or from full-time to part-
time, during the 12-month period directly preceding primary care giver leave, the rate of
payment for the paid component of their primary care giver leave, which is capped at full-
time rates, is calculated by using the average of their ordinary hours of work, excluding any
periods of leave without pay, for the 12-month period immediately before the period of
primary care giver leave commences.
E16.23 To avoid doubt, an employee’s status and all other entitlements remain unaltered by the
operation of subclause E16.22.
Page 83 of 260
E16.24 Primary care giver leave may be granted with full or half pay, or a combination of full and half
pay, with credits to be deducted on the same basis. The maximum paid period is up to 36
weeks at half pay.
E16.25 The head of service may approve an employee taking primary care giver leave in a non-
continuous manner, provided a period of annual leave or long service leave in between the
periods of primary caregiver leave will not be approved until the employee has used all of the
employee’s paid primary care giver leave entitlement within 72 weeks of the birth of the
child.
Effect on other entitlements
E16.26 Primary care giver leave counts as service for all purposes.
E16.27 Public holidays for which the employee would otherwise have been entitled to payment that
fall during periods of absence on primary caregiver leave will not be paid as a public holiday.
Interaction with other leave types
E16.28 Primary care giver leave does not extend the maximum period of unpaid parental leave
available to an employee. To avoid doubt, primary care giver leave is not extended by public
holidays which fall during periods of primary care giver leave.
Keep in touch arrangements (primary care giver leave)
E16.29 An employee on primary care giver leave may, following an invitation from the head of service
agree to attend the workplace on up to 10 separate occasions of up to one day each so as to
keep in touch with developments in the workplace (for meetings and training etc.).
E16.30 The employee will be paid at their ordinary hourly rate of pay for the hours they attend work
in accordance with subclause E16.29 during paid primary care giver leave. Keep in touch
attendance will count as service for all purposes, but does not extend the period of leave and
does not end or reduce the entitlement to primary care giver leave.
E17 - Parental Leave
Purpose
E17.1 Parental leave without pay is in addition to the provisions available in birth leave, primary
care giver leave and adoption, permanent or long term care leave and is available to
employees to enable them to be absent from duty following the birth or adoption of a child
or the commencement of a permanent caring arrangement for a child.
Eligibility
E17.2 Parental leave is available to an employee or an eligible casual employee who is the primary
care giver of a child following the birth or adoption of a child or the commencement of a
permanent caring arrangement for a child.
Entitlement
E17.3 An employee is entitled to up to 2 years of parental leave following the child’s birth, adoption
or commencement of a permanent or long term caring arrangement, less any period of birth
leave, primary care giver leave or adoption, or permanent or long term care leave which the
employee has taken in relation to the same child.
E17.4 To avoid doubt, the entitlement under this clause does not increase in cases of multiple births,
adoptions or permanent caring arrangements that apply to more than one child at any one
time.
E17.5 At the end of this time the employee is entitled to return to work in accordance with the
provisions in the National Employment Standards.
E17.6 An employee may apply for up to 52 additional weeks of parental leave for up to 2 further
occasions of birth. The leave must be granted if all the following apply:
Page 84 of 260
E17.6.1 The parental leave is taken within 3 years following the child’s birth, adoption or
commencement of a permanent or long term caring arrangement.
E17.6.2 That the employee agrees, where necessary, to become unattached.
E17.6.3 The parental leave is taken in periods of one week or more.
Evidence and conditions
E17.7 An employee should discuss with their manager or supervisor, as soon as practicable, their
intention to be absent on parental leave.
E17.8 An employee must make an application to the head of service to access their unpaid parental
leave entitlement.
E17.9 The head of service must approve an employee’s application to access parental leave if
satisfied the employee has met the requirements under this clause.
E17.10 The employee must provide the head of service with appropriate evidence concerning the
reasons for and circumstances under which the unpaid parental leave application is made,
which may include any of the following:
E17.10.1 A birth certificate.
E17.10.2 Documents from an adoption authority concerning the adoption of a child.
E17.10.3 Documents relating to a permanent caring arrangement.
E17.11 The head of service must not grant parental leave if the employee’s domestic partner is on
parental leave and is an employee of the ACTPS.
Rate of payment
E17.12 Parental leave is granted without pay.
Effect on other entitlements
E17.13 Parental leave does not count as service for any purpose.
E17.14 Parental leave does not break continuity of service.
E17.15 Public holidays for which the employee would otherwise have been entitled to payment
that fall during periods of absence on parental leave will not be paid as a normal public
holiday.
Interaction with other leave types
E17.16 An employee on parental leave may access annual and long service leave on full or half pay
to the extent of available entitlements.
E17.17 An application by an employee for personal leave during a period that would otherwise be
a period of parental leave must be granted subject to the employee providing a certificate
from a registered medical practitioner or registered health professional operating within
their scope of practice, in accordance with subclause E4.55.
Keep in touch arrangements (parental leave)
E17.18 An employee may, following an invitation from the head of service, agree to attend the
workplace on up to 10 separate occasions of up to one day each so as to keep in touch with
developments in the workplace (for meetings and training etc.), less any keep in touch time
approved during birth or primary caregiver leave as per subclause E14.34 or subclause E16.29.
E17.19 The employee will be paid at their ordinary hourly rate of pay for the hours that they attend
the workplace in accordance with subclause E17.18. Keep in touch attendance counts as
service for all purposes, but does not extend the period of leave and does not end or
reduce the entitlement to parental leave.
Page 85 of 260
E18 - Bonding Leave
Purpose
E18.1 Bonding leave is available to employees to enable them to be absent from duty to do the
following:
E18.1.1 Bond with their newborn child, adopted child or a child for whom the employee’s
domestic partner has commenced a primary care giving role under a permanent
caring arrangement.
E18.1.2 Support the protection of the family and children under the Human Rights Act
2004.
Eligibility
E18.2 Bonding leave is available to employees (other than casual employees) at the time of the
child’s birth, adoption or the commencement of a permanent or long term caring
arrangement when the employee is not the primary care giver to the child.
E18.3 An employee who is eligible for paid birth leave, adoption, permanent or long term care
leave or primary care giver leave is not entitled to bonding leave. If bonding leave has been
taken by the employee, and the employee later becomes entitled to primary care giver leave,
paid bonding leave and paid personal leave taken in accordance with this clause will reduce
available primary care giver leave.
Entitlement
E18.4 Under this clause, an employee is entitled to be absent on paid leave for a maximum of
5 weeks at, or near, the time of the birth, adoption or commencement of the permanent or
long term caring arrangement. The maximum absence may be increased by a further 1 week
of personal leave for bonding purposes as per subclause E4.43.
E18.5 In accordance with the NES, an eligible employee is entitled to be absent up to a maximum of
8 weeks of concurrent unpaid bonding leave in the first 12 months following the birth or
adoption or commencement of a permanent or long term caring arrangement for a child,
subject to a minimum period of 2 weeks at a time unless a shorter period is agreed by the
head of service.
E18.6 The entitlement under subclause E18.5 is reduced by the extent of the entitlement accessed
by an employee under subclause E18.4.
E18.7 To avoid doubt, the entitlement under this clause does not increase in cases of multiple births,
adoptions or permanent caring arrangements that apply to more than one child at the one
time.
E18.8 Bonding leave is non-cumulative.
E18.9 Paid bonding leave must be taken within 14 weeks from the date of birth, adoption or
commencement of the permanent or long term caring arrangements, unless there are
exceptional circumstances and the head of service agrees to a longer period.
E18.10 The 1 week of personal leave accessed as per subclause E4.43 may be taken at any time up to
14 weeks from the date of the birth, adoption or commencement of the permanent or long
term caring arrangement.
E18.11 Where an employee’s domestic partner is also an ACTPS employee this leave may be taken
concurrently with the domestic partner receiving birth leave, adoption, permanent or long
term care leave or primary care giver leave.
Evidence and conditions
E18.12 An employee should discuss with their manager or supervisor, as soon as practicable, their
intention to be absent on bonding leave.
Page 86 of 260
E18.13 Bonding leave must be approved subject only to the head of service being satisfied that the
eligibility requirements have been met; however, an employee must submit an application
to the head of service for any period of bonding leave.
E18.14 The employee must provide the head of service with appropriate evidence concerning the
circumstances under which the bonding leave application is made, which may include any of
the following:
E18.14.1 A medical certificate relating to the estimated date of delivery of a child.
E18.14.2 A birth certificate.
E18.14.3 Documents from an adoption authority concerning the proposed adoption of a
child.
E18.14.4 Documents relating to a permanent caring arrangement until the child
reaches 18 years old.
E18.15 Unless the head of service determines that exceptional circumstances apply, bonding leave
must not be approved to care for any of the following:
E18.15.1 A baby over 14 weeks old (not applicable in cases of adoption, permanent or long
term caring arrangements).
E18.15.2 An adopted adult or adult who is the subject of a permanent caring arrangement
over 18 years old on the day of placement.
Rate of payment
E18.16 Bonding leave is granted with or without pay.
E18.17 The rate of payment to be paid to the employee during a period of paid bonding leave is the
same rate as would be paid if the employee was granted personal leave.
E18.18 Bonding leave may be granted with full or half pay, or a combination of full and half pay, with
credits to be deducted on the same basis. The maximum paid period is up to 10 weeks at half
pay.
Effect on other entitlements
E18.19 Paid bonding leave counts as service for all purposes and unpaid bonding leave does not count
as service for any purposes, but does not break continuity of service.
E18.20 Public holidays for which the employee is entitled to payment that fall during periods of
absence on paid bonding leave must be paid as a normal public holiday and will not extend the
maximum period of bonding leave.
E19 - Grandparental Leave
Purpose
E19.1 Grandparental leave is available to employees to enable them to be absent from duty to
undertake a primary care giving role to their grandchild during normal business hours.
Eligibility
E19.2 Grandparental leave is available to employees other than casual employees and employees on
probation.
E19.3 To be eligible for grandparental leave, the baby or child whom the employee is providing care
for must be one of the following:
E19.3.1 Their grandchild.
E19.3.2 Their step-grandchild.
E19.3.3 Their adopted grandchild.
Page 87 of 260
E19.3.4 A child for whom the employee’s child has parental or caring responsibility
authorised under a law of a State or Territory.
Entitlement
E19.4 An eligible employee may be granted up to 52 weeks of grandparental leave, in relation to
each grandchild under care. This leave may be taken over a period not exceeding 5 years.
E19.5 Grandparental leave is available up until the fifth birthday of the grandchild for whom the
employee is the primary care giver.
E19.6 Grandparental leave is non-cumulative.
E19.7 The length of a period of absence on grandparental leave must be agreed between the eligible
employee and the head of service.
Example 1: A day or part-day on an occasional basis.
Example 2: A regular period of leave each week, fortnight or month.
Example 3: A larger block of leave such as 6 or 12 months.
E19.8 If an employee is absent on grandparental leave and becomes a grandparent to another
grandchild, for whom they are the primary care giver, a new application must be made as per
subclause E19.10.
Evidence and conditions
E19.9 An employee should discuss with their manager or supervisor, as soon as practicable, their
intention to be absent on grandparental leave.
E19.10 An employee must make an application to the head of service to access their grandparental
leave entitlement, and must include details of the period, or expected period, of the absence.
E19.11 Having considered the requirements of this clause the head of service may approve an
employee’s application to access grandparental leave. A decision not to approve the leave
must be taken in accordance with subclause E3.1.
E19.12 The head of service should not approve an application for grandparental leave where an
employee has an annual leave balance in excess of 8 weeks.
E19.13 An application for grandparental leave must include one of the following types of evidence:
E19.13.1 A statutory declaration or a medical certificate confirming the birth or the
estimated date of delivery of the grandchild.
E19.13.2 The grandchild's adoption certificate or a statutory declaration confirming the
adoption of the grandchild.
E19.13.3 A letter or a statutory declaration confirming that there is an authorised care
situation.
E19.14 If both grandparents are employees of the ACTPS either grandparent may be granted leave
but the leave may not be taken concurrently.
Rate of payment
E19.15 Grandparental leave is granted without pay.
Effect on other entitlements
E19.16 Employees cannot engage in outside employment during a period of grandparental leave
without the prior approval of the head of service.
E19.17 Grandparental leave counts as service for all purposes except the accrual of annual leave
and personal leave.
E19.18 Grandparental leave does not break continuity of service.
Page 88 of 260
E19.19 Public holidays for which the employee would otherwise have been entitled to payment that
fall during periods of absence on grandparental leave will not be paid as a normal public
holiday.
Interaction with other leave entitlements
E19.20 An employee on grandparental leave may access annual leave, purchased leave or long service
leave.
E19.21 An application by an employee for personal leave during a period that would otherwise be
grandparental leave must be granted subject to the employee providing a certificate from a
registered medical practitioner or registered health professional who is operating within their
scope of practice.
Unattachment
E19.22 During an employee’s absence on grandparental leave, the head of service may, with the
employee’s written consent, declare the employee unattached.
E20 - Adoption, Permanent or Long Term Care Leave
Purpose
E20.1 Adoption, permanent or long term care leave is available to employees to enable them to be
absent from duty to do the following:
E20.1.1 Care for and bond with an adopted child or a child for whom the employee has a
permanent caring responsibility, including kinship arrangements, where the child is
under 18 years old.
E20.1.2 Support the protection of the family and children under the Human Rights Act
2004 and the Children and Young People Act 2008.
Eligibility
E20.2 Paid adoption, permanent or long term care leave is available to an employee (other than a
casual employee) who is the primary care giver of one of the following:
E20.2.1 An adopted child.
E20.2.2 A child for whom the employee has a permanent caring responsibility, where
the child is under 18 years old.
E20.3 An employee providing foster care under a Concurrency Care Foster Care Program
described in clause E22 - must be treated as having a permanent caring responsibility, and
be eligible for adoption, permanent or long term care leave subject to the terms of this
clause.
E20.4 An employee is not eligible for any further grant of adoption, permanent or long term care
leave for a child if both the following apply to the employee in relation to that child:
E20.4.1 The employee is granted adoption, permanent or long term care leave in respect
of the child being cared for under a Concurrency Care Foster Care Program.
E20.4.2 The employee subsequently enters into an adoption, permanent or long term care
arrangement for that child.
E20.5 An employee who has completed at least 12 months continuous service, including recognised
prior service, immediately prior to commencing a period of adoption, permanent or long
term care leave is eligible for adoption, permanent or long term care leave.
E20.6 An employee who is eligible for paid primary care giver leave is not eligible for adoption,
permanent or long term care leave.
E20.7 An employee who completes 12 months of continuous service within 18 weeks of becoming
the primary care giver for an adopted child or a child for whom the employee has a permanent
caring responsibility is eligible for adoption, permanent or long term care leave for the period
Page 89 of 260
between completing 12 months of qualifying service and the end of the first 18 weeks of
becoming the primary care giver of the child.
Entitlement
E20.8 An eligible employee is entitled to 18 weeks of paid leave in relation to each occasion of
adoption or commencement of a permanent or long term caring responsibility, less any leave
taken in accordance with clause E21 - in the same 12 month period in relation to the same
child.
E20.9 A casual employee is entitled to unpaid pre-adoption leave in accordance with the provisions of
the NES.
E20.10 To avoid doubt, the entitlement under subclause E20.8 does not increase when the adoption,
permanent or long term caring responsibility involves more than one child at the time of
application.
E20.11 Adoption, permanent or long teerm care leave is non-cumulative.
E20.12 An employee is entitled to return to work in accordance with the provisions in the NES.
Evidence and conditions
E20.13 An employee should discuss with their manager or supervisor, as soon practicable, their
intention to be absent on adoption, permanent or long term care leave.
E20.14 An employee must make an application to the head of service to access their adoption,
permanent or long term care leave.
E20.15 The employee must provide the head of service with appropriate evidence concerning the
reasons for and circumstances under which the adoption, permanent or long term care leave
application is made, which may include any of the following:
E20.15.1 Documents from an adoption authority concerning the adoption.
E20.15.2 An authorisation as a kinship carer made under the Children and Young Peoples
Act 2008.
E20.15.3 Documents confirming that an arrangement consistent with the terms set out in
clause E22 - applies.
E20.16 In all cases details of leave being taken by other persons in relation to the same child must be
provided.
E20.17 Leave under this clause must not be approved for employees in circumstances where the
child has lived continuously with the employee for a period of 6 months or more at the date
of placement or in cases where the child is a child of the employee or employee’s spouse or
partner.
E20.18 Before granting leave the head of service must be satisfied that the employee is the primary
care giver.
E20.19 Adoption, permanent or long term care leave may commence up to one week prior to the
date the employee assumes permanent caring responsibility for the child but not later than
the formal commencement of the adoption or permanent or long term caring responsibility,
unless exceptional circumstances apply.
E20.20 In all cases, the child must be under 18 years old on the date the employee assumes permanent
responsibility for the child for leave to be approved.
Rate of payment
E20.21 Adoption, permanent or long term care leave is granted with pay, except for unpaid pre-
adoption leave for casual employees.
Page 90 of 260
E20.22 The rate of payment to be paid to the employee during a paid period of adoption, permanent
or long term care leave is the same rate as would be paid if the employee was granted personal
leave.
E20.23 Despite subclause E20.22 where an employee varies their ordinary hours of work, either
from part-time to full-time, from part-time to different part-time, or from full-time to part-
time, during the 12 month period directly preceding adoption, permanent or long term
caring leave, the rate of payment for the paid component of their adoption, permanent or
long term care leave, which is capped at full-time rates, is calculated by using the average
of their ordinary hours of work, excluding any periods of leave without pay, for the 12-
month period immediately before the period of adoption, permanent or long term care
leave commences.
E20.24 To avoid doubt, an employee’s status and all other entitlements remain unaltered by the
operation of subclause E20.23.
E20.25 The head of service may approve an employee taking adoption, permanent or long term care
leave in a non-continuous manner, provided a period of annual leave or long service leave in
between the periods of adoption, permanent or long term care leave will not be approved until
the employee has used all of the employee’s paid adoption, permanent or long term care leave
entitlement within 52 weeks of the commencement of the adoption, permanent or long term
caring responsibility.
E20.26 Leave may be granted with full or half pay, or a combination of full and half pay, with credits
to be deducted on the same basis. The maximum paid period is up to 36 weeks at half pay.
Effect on other entitlements
E20.27 Paid adoption, permanent or long term care leave counts as service for all purposes.
E20.28 Public holidays for which the employee would otherwise have been entitled to payment
that fall during periods of absence on adoption, permanent or long term care leave will not
be paid as a normal public holiday.
Interaction with other leave types
E20.29 Adoption, permanent or long term care leave does not extend the maximum period of
unpaid parental leave available to an employee.
E21 - Foster and Short-term Care Leave
Purpose
E21.1 Foster and short-term care leave is available to employees to enable them to be absent from
duty to do the following:
E21.1.1 Care for a child in an emergency or other short-term out of home care
placement, including kinship arrangements and respite care, that has not been
determined to be permanent.
E21.1.2 Support the protection of the family and children under the Human Rights Act
2004 and the Children and Young People Act 2008.
Eligibility
E21.2 Foster and short-term care leave is available to employees (other than casual employees)
who are the primary care giver of a child in an emergency or other out of home care
placement that has not been determined as permanent.
E21.3 An employee who has completed at least 12 months continuous service, including recognised
prior service, immediately prior to commencing a period of foster and short-term care leave,
is eligible for foster and short-term care leave.
Entitlement
Page 91 of 260
E21.4 An eligible employee is entitled to a period of paid leave proportionate to the duration of the
caring arrangement per application, up to a maximum of 10 working days or shifts per
calendar year.
E21.5 Where the duration of the existing arrangement is subsequently altered, for example, a change
from an emergency placement to a short-term placement, the employee may, subject to
further application and approval, have their leave extended up to a maximum period of 10
working days or shifts.
E21.6 An eligible employee is entitled to paid leave as per subclause E21.4 to undertake accreditation
towards an enduring parental authority to care for the child to whom the current short-term
caring arrangement applies.
E21.7 The entitlement under subclause E21.4 does not increase when the short-term caring
arrangement involves more than one child at the time of application.
E21.8 Foster and short-term care leave is non-cumulative.
E21.9 Where an employee exhausts their paid leave entitlement under this clause the employee may
seek approval for further unpaid leave.
Evidence and conditions
E21.10 An employee should discuss with their manager or supervisor, as soon practicable, their
intention to be absent on foster and short-term care leave.
E21.11 An employee must make an application, as soon as practicable, to the head of service to access
their foster and short-term care leave.
E21.12 The employee must provide the head of service with appropriate evidence concerning the
reasons for and circumstances under which each foster and short -term care leave application
is made, which may include any of the following:
E21.12.1 Documents relating to current and previous court orders granting
responsibility for a foster child.
E21.12.2 Documents from a registered health professional or registered medical
practitioner.
E21.13 Having considered the requirements of this clause the head of service may approve an
employee’s application to access foster and short term care leave. A decision not to approve
the leave must be taken in accordance with subclause E3.1.
Rate of payment
E21.14 Foster and short-term care leave is granted with pay or without pay.
E21.15 The rate of payment during absence on a period of paid foster and short-term care leave is the
same rate as would be paid if the employee was granted personal leave.
E21.16 The approved leave period may be taken at full pay in a single block or as single or part days.
Effect on other entitlements
E21.17 Paid foster and short-term care leave counts as service for all purposes and unpaid foster and
short-term care leave does not count as service for any purposes but does not break
continuity of service.
E21.18 Public holidays for which the employee is entitled to payment that fall during periods of
absence on paid foster and short-term care leave must be paid as a normal public holiday
and will not be considered to be foster and short-term care leave.
Interaction with other leave types
E21.19 An eligible employee is required to have exhausted their entitlement under this leave
clause before accessing their personal leave credit to care for a child, for whom they are
responsible under a short-term caring arrangement, who is ill or injured.
Page 92 of 260
E22 - Concurrency Care Entitlement to Adoption of Permanent Care Leave
E22.1 For the purpose of subclause E22.2, a community organisation is an organisation involved
with out of home care and adoption of children and young people such as the following:
E22.1.1 A member of the ACT Together consortium.
E22.1.2 Marymead.
E22.1.3 A similar organisation based outside the ACT.
E22.2 For the purposes of subclause E22.3, a Concurrency Care Foster Care Program involves a
community organisation placing a child with foster carers while restoration to the birth
family is explored. If restoration is not achieved, the foster carers have an opportunity to
care for the child permanently. The primary care giver in such an arrangement is required
by the community organisation to take a minimum of 12 month leave to stabilise the
placement of the child.
E22.3 Notwithstanding clause E21 -, an employee who provides foster care under a Concurrency
Care Foster Care Program, in accordance with arrangements approved by the Community
Services Directorate, is entitled to apply for adoption, permanent or long term care leave
under clause E20 -, as if they had a permanent caring responsibility. Such employees are not
entitled to leave under clause E21 -.
E23 - Family, Domestic or Sexual Violence Leave
Purpose
E23.1 Leave under this clause is available to employees to enable them to deal with the impact
caused by family, domestic or sexual violence. The ACTPS is committed to assisting
employees experiencing family, domestic or sexual violence to remain in work, maintain their
physical and financial security and access relevant services.
Eligibility
E23.2 Family, domestic or sexual violence leave is available to all employees:
E23.2.1 Experiencing family, domestic or sexual violence; or
E23.2.2 supporting an immediate family member experiencing family, domestic or sexual
violence.
Entitlement
E23.3 An employee experiencing family, domestic or sexual violence has access up to a maximum
of 20 days or shifts per calendar year of paid leave. Family, domestic or sexual violence leave
is non-cumulative.
E23.4 Family, domestic or sexual violence leave is in addition to other leave entitlements and is not
to be used as a substitute for personal leave. However, where supporting evidence is not
immediately available the head or service must, grant paid leave under clause E5 - of this
Agreement (Personal Leave in Special, Extraordinary or Unforeseen Circumstances), subject
to available credit. If the employee subsequently produces supporting evidence, the personal
leave will be re-credited and the leave taken will be converted to family, domestic or sexual
violence leave.
E23.5 Family, domestic or sexual violence leave is to be used for, but not limited to, the following
actions required as a consequence of family, domestic or sexual violence occurring:
E23.5.1 Attendance at appropriate medical appointments for referral to other appropriate
counselling or support services.
E23.5.2 Obtaining legal advice.
E23.5.3 Attending counselling appointments.
Page 93 of 260
E23.5.4 Seeking assistance from other relevant support services.
E23.5.5 Attending court proceedings.
E23.5.6 Attending prosecution appointments.
E23.5.7 Attending police appointments.
E23.5.8 Attending to Protection Order matters and Domestic Violence Order matters
however termed.
E23.5.9 Attending to issues arising through urgent property damage.
E23.5.10 Seeking veterinary assistance for pets injured.
E23.5.11 Accessing alternative accommodation.
E23.5.12 Accessing alternative childcare or schooling for children.
E23.5.13 Any other reason relating to recovering from the effects of experiencing family,
domestic or sexual violence where personal leave is not applicable.
Note: An employee, accessing leave under this provision, may require additional time for travel
and recovery following attendance at appointments, proceedings etc.
E23.6 Family, domestic or sexual violence leave may be taken as consecutive or single days, or as part
days.
E23.7 For confidentiality and privacy reasons family, domestic or sexual violence leave will be
attributed as coming under “where leave cannot be granted under any other provision”
which is included and identified within “Other Leave Types” in Annex D of this Agreement.
Evidence and conditions
E23.8 Employees wishing to access family, domestic or sexual violence leave should discuss making an
application with their manager or supervisor or an appropriate HR Manager as soon as
reasonably practical.
E23.9 As a general rule, a leave application should be submitted by an employee for approval by
the head of service before the commencement of the leave. However, retrospective
applications may be approved provided that appropriate evidence is provided as soon as
reasonably practicable upon the employee’s return to the workplace.
E23.10 Evidence of the occurrence of family, domestic or sexual violence is required to access leave for
family, domestic or sexual violence purposes.
E23.11 Evidence may include any of the following:
E23.11.1 A document issued by the Police or a court.
E23.11.2 A written referral, issued by a registered medical practitioner or registered
nurse, to a counsellor trained in providing support in family, domestic or sexual
violence situations.
E23.11.3 A document issued by a counsellor who is trained in providing support to people
experiencing the effects of family, domestic or sexual violence.
E23.11.4 Written confirmation from an Employee Assistance Program provider or from a
family, domestic or sexual violence support service that the employee is
experiencing family, domestic or sexual violence issues.
E23.12 Managers are to keep all information concerning the leave application strictly confidential.
This includes, after sighting any supporting documentation, returning that documentation
to the employee.
E23.13 Having considered the requirements of this clause the head of service may approve an
employee’s application to access family, domestic or sexual violence leave. A decision not to
approve the leave must be taken in accordance with subclause E3.1.
Page 94 of 260
Rate of payment
E23.14 Family, domestic or sexual violence leave is granted with pay.
E23.15 For an employee other than a casual employee, the rate of payment for family, domestic or
sexual violence leave is the employee’s full rate of pay, worked out as if the employee had not
taken the period of leave.
E23.16 For a casual employee, the rate of payment for family, domestic or sexual violence leave is the
employee’s full rate of pay, worked out as if the employee had worked the hours in the period
for which the employee was rostered or expected to be rostered.
E23.17 Family, domestic or sexual violence leave may be granted at half pay where there are
extenuating circumstances.
Effect on other entitlements
E23.18 Leave with pay for family, domestic or sexual violence purposes counts as service for all
purposes.
Interaction with other leave types
E23.19 Where family, domestic or sexual violence leave credits have been exhausted, the head of
service may grant an employee leave without pay or other forms of paid leave, such as
annual leave or long service leave.
E23.20 Employees should utilise personal leave for an illness or injury, or to seek treatment for an
illness or injury, caused by family, domestic or sexual violence.
E23.21 Leave entitlements under clause E5 - of this Agreement (Personal Leave in Special,
Extraordinary or Unforeseen Circumstances) may be used by an employee who is seeking
leave to support a person who is experiencing family, domestic or sexual violence.
Employee Assistance
E23.22 Reasonable adjustments must be facilitated to ensure the employee’s individual safety in
the workplace including different work locations, removal or change of phone listing,
changes to their work email address and other practicable workplace adjustments.
E24 - Recovery Leave Arrangements for Employees above Senior Officer Grade A and
Equivalent
E24.1 The ACTPS has a responsibility to minimise the extent to which excessive hours are worked by
employees engaged above Senior Officer Grade A (or equivalent). As far as practicable,
directorates and business units must develop strategies to try to reduce the incidence of
excessive hours being worked by this group of employees.
E24.2 Clause E24 - applies to all employees engaged in the following classifications:
E24.2.1 Infrastructure Manager/Specialist 1.
E24.2.2 Infrastructure Manager/Specialist 2.
E24.2.3 Infrastructure Manager/Specialist 3.
E24.3 The working arrangements, including working hours, must be agreed between the employee
and the manager or supervisor. In considering these working arrangements, the employee and
the manager or supervisor must take into account both of the following:
E24.3.1 The operational requirements and workload demands of the ACTPS and the
relevant business unit.
E24.3.2 The interests of the employee in achieving a reasonable work-life balance.
E24.4 Employees may be required to work extensive hours over a significant period because of the
nature of their duties and responsibilities.
Page 95 of 260
E24.5 In recognition of extensive hours performed, recovery leave arrangements set out in
subclause E24.6 apply. These arrangements do not apply to any of the following:
E24.5.1 Casual employees.
E24.5.2 Employees who work shift work.
E24.5.3 Employees who have been, or will be, performing the duties of a position of a
classification listed in E24.2 for a continuous period of less than 4 months.
E24.6 An eligible employee will be provided with a credit of 5 days non-cumulative recovery leave
on 1 April each year subject to all the following conditions:
E24.6.1 Where possible the leave must be taken after a period of extensive hours
performed or immediately before a period of anticipated extensive hours to be
worked.
E24.6.2 The leave is to be taken within 12 months of the credit being granted, at a time
agreed between the employee and the manager or supervisor.
E24.6.3 Those days not taken by the employee within 12 months of the credit being
provided will lapse.
E24.6.4 The credit is provided on the basis that the employee maintains appropriate
attendance records and submits an application for leave on an approved form.
E24.6.5 The leave taken at any given time must be in whole days up to a maximum of
2 consecutive working days.
E24.7 Employees who become eligible for recovery leave part way through the 12 month period
commencing on 1 April will be provided with a pro rata credit rounded up to the nearest whole
day.
E24.8 Recovery leave is not a substitute for flex time and an employee is not entitled to any or all
of the credited 5 days recovery leave unless the employee can demonstrate that extensive
hours have been worked.
E24.9 Having considered the requirements of this clause the head of service may approve an
employee’s application to access recovery leave. A decision not to approve the leave must be
taken in accordance with subclause E3.1.
E24.10 If an employee’s application for leave under this clause is not approved due to operational
reasons, the employee and their manager or supervisor must determine a mutually convenient
alternative time, or times, for the employee to take the leave. Where agreement cannot be
reached, the employee must be allowed to take the leave subject to reasonable notice being
given.
E24.11 Employees must not receive payment on separation from the ACTPS of any unused recovery
leave entitlement.
E25 - Long Service Leave
Definitions
E25.1 The following definitions apply to long service leave:
E25.1.1 Current rate of salary means the salary an employee received on the relevant day.
E25.1.2 Eligible employment means:
E25.1.2 (a) continuous employment by the ACTPS; and
E25.1.2 (b) continuous recognised prior employment; and
E25.1.2 (c) a period of leave without pay to count as service (other than personal
leave without pay in excess of 78 weeks and leave in relation to
defence employment being employment in the Reserve Forces or of
Page 96 of 260
the Citizen Forces either on a continuous full-time basis or for a
period fixed in accordance with the Defence Act 1903, or equivalent
legislation as in force at the relevant time, or national service; and
E25.1.3 Eligible employment excludes:
E25.1.3 (a) employment remunerated by fees, allowances or commission,
honorarium or equivalent; and
E25.1.3 (b) appointment or engagement for the sole purpose of overseas
employment; and
E25.1.3 (c) unauthorised absence.
E25.1.4 Prescribed average number of hours in respect of part-time employment is the
greater of:
E25.1.4 (a) the employee’s average number of hours of employment per week:
E25.1.4 (b) during the 12 months of eligible part-time employment ending on the
relevant day set out above; or
E25.1.4 (c) during the periods aggregating 12 months the employee was last
employed on part-time hours before the relevant day set out above;
or
E25.1.4 (d) if the employee has less than 12 months of eligible part-time
employment, during the period or periods when the employee has
been employed on part-time hours; or
E25.1.4 (e) the employee’s average number of hours of employment per week
during the entire period of their eligible employment.
E25.1.5 Relevant day means:
E25.1.5 (a) In relation to an employee who has been granted long service leave,
the day immediately before the date that leave commences; and
E25.1.5 (b) in relation to an employee who receives a payment in lieu of long
service leave:
E25.1.5 (b) (i) the day immediately before the date they cease to
be an employee; or
E25.1.5 (b) (ii) the nominated date to cash out accrued long
service leave credit.
E25.1.6 Relevant rate per hour means the rate per hour that salary would be payable to
the employee on the relevant day.
Purpose
E25.2 Long service leave is available to employees to enable them to be absent from duty in
recognition of their length of service in the public sector.
Note: Historically and in other jurisdictions long service leave may have been, or be, known
by other names, including long leave, furlough or extended leave.
Eligibility
E25.3 Long service leave is available to all employees including casual employees.
E25.4 This clause does not apply to a person who is:
E25.4.1 seconded to the ACTPS from the Commonwealth, State or Territory government;
or
Page 97 of 260
E25.4.2 appointed or engaged for the sole purpose of employment outside Australia
(overseas employment).
E25.5 The eligibility requirements and entitlements for long service leave under the PSM Standards
apply, subject to the provisions of this clause.
E25.6 Chief Minister Treasury and Economic Development (CMTEDD) must consult with the unions
and seek union agreement in relation to changes to long service leave entitlements provided
under the PSM Standards.
Entitlement
E25.7 Long service leave is measured in months.
E25.8 Employees accrue long service leave at the rate of 3 months for each ten years of completed
eligible employment, or an equivalent aggregate period of employment for casual employees.
E25.9 For employees who take long service leave and return to duty following completion of their
long service leave, or for employees who take payment in lieu of long service leave, their long
service leave credit is calculated based on their aggregate completed years of eligible
employment (e.g. the period 1 February 2009 to 31 July 2021 equates to 12 years for long
service leave calculation).
E25.10 For employees who will cease employment with the ACTPS following completion of their long
service leave, or payment in lieu of long service leave, their long service leave credit is
calculated based on their aggregate completed years and months of eligible employment (e.g.
the period 1 February 2009 to 31 July 2021 equates to 12 years and 6 months for long service
leave calculation).
E25.11 Long service leave is cumulative and there is no limit on the long service leave balance an
employee may accrue.
E25.12 Employees accrue separate full-time and part-time long service leave credits according to the
employee’s ordinary hours of work and the following formula:
Full-time credit formula Part-time credit formula
Full-time credit = (3a/10 - b) Part-time credit = (3c/10 - d)
where:
a = the aggregate number of years of eligible
full-time employment
b = the aggregate number of months of long service
leave previously paid to the employee in relation
to the employee’s full-time employment at any
time during their eligible employment.
where:
c = the aggregate number of years of eligible
part-time employment
d = the aggregate number of months of long service
leave previously paid to the employee in relation
to the employee’s part-time employment at any
time during their eligible employment.
E25.13 For calculating an employee’s long service leave credit:
E25.13.1 For permanent and temporary employees, a period of leave without pay of one
day or more that does not count as service does not count towards long service
accrual, but does not break a period of employment for the purpose of
determining an employee’s eligibility for long service leave.
E25.13.2 Where an employee has a break in employment, or a break between other eligible
employment and ACTPS employment, of longer than 12 months the prior
employment will not be counted as employment that accrues long service leave.
E25.13.3 On commencement, if during a period of eligible employment an employee
received a payment in lieu of long service leave, or an equivalent type of leave,
in the ACTPS or another jurisdiction, the employee is taken to have been granted
a period of long service leave equal to the period of long service leave that
payment was made for.
Page 98 of 260
Evidence and conditions
E25.14 An employee should discuss with the head of service as soon as practicable their intention
to be absent on long service leave.
E25.15 An employee or their legal representative must make an application to the head of service to
access their long service leave entitlement.
E25.16 Having considered the requirements of this section the head of service may approve an
employee’s application to access long service leave, or payment in lieu of long service leave, to
the extent of that employee’s pro-rata long service leave credits after an aggregated seven
years of completed eligible employment.
Note: After seven years eligible employment the employee will have accrued 2.1 months of
long service leave credit (i.e. 3 x 7/10).
E25.17 The minimum period of long service leave an employee may request is one day.
E25.18 If the head of service does not approve an application by an employee for long service leave
because of operational requirements the head of service must consult with the employee to
determine a mutually convenient alternative time (or times) for the employee to take the
leave.
Payment in Lieu
E25.19 To encourage the flexible use of long service leave, an employee may, in writing, request the
approval of the head of service for payment in lieu (cash out) of long service leave.
E25.20 The minimum period an employee may request a payment in lieu of long service leave is seven
days.
E25.21 The head of service may approve the partial or full payment in lieu of an employee’s accrued
long service leave credit on a relevant day, nominated by the employee in their application. The
payment in lieu of long service leave will be based on the rate of pay the employee would have
received had the employee taken the leave from the relevant day.
E25.22 Employees will receive payment on separation of any pro-rata long service leave
entitlements after an aggregated 7 years of completed eligible employment, at their full
rate of pay as if they had taken their entire long service leve credit on the day their
employment ends .
E25.23 Where an employee whose period of eligible employment is less than seven years but not less
than one year ceases to be an employee:
E25.23.1 otherwise than because of the employee’s death, on, or after, the employee
attaining the minimum retiring age; or
E25.23.2 because of the employee’s redundancy; or
E25.23.3 satisfies the head of service that the employee so ceasing is due to ill health of
such a nature as to justify the employee so ceasing
the head of service will authorise payment to the employee under this subclause of an amount
equal to the salary the employee would have received had they taken long service leave on the
day their employment ends.
E25.24 If an employee whose period of employment is not less than one year dies, the head of service
may authorise payment of an amount equal to the amount that would have been payable to
the employee if the employee had, on the day the employee died, ceased to be an employee
otherwise than because of death, on or after, the employee attaining the minimum retiring
age.
E25.25 A payment or pro rata payment in lieu of long service leave is paid:
Page 99 of 260
E25.25.1 if the officer was employed in the same capacities on the relevant day and the day
immediately before the relevant day – at the officer’s full rate of pay on the
relevant day; or
E25.25.2 if the officer is employed in different capacities on the relevant day and on the day
immediately before the relevant day – at the officer’s full rate of pay on the day
immediately before the relevant day.
Rate of Payment
E25.26 Long service leave will be paid at:
Employment Rate of Payment
Where an employee’s accrued long service leave
includes eligible full-time employment the
payment in relation to full-time long service leave
credit will be calculated.
At the employee’s current rate of salary or relevant
rate per week on the relevant day.
Where an employee’s accrued long service leave
includes eligible part-time employment with no
change in ordinary hours the payment in relation
to part-time long service leave credit will be
calculated.
At the employee’s current rate of salary or relevant
rate per week on the relevant day.
Where an employee’s accrued long service leave
includes periods of part-time employment of
varying weekly hours the payment in relation to
any part-time long service leave credit will be
calculated.
At the employee’s relevant rate per hour for that part
of the long service leave multiplied by the prescribed
average number of hours. (PSMS 266(6) – Category A)
At the lower of: (PSMS 266(7) – Category B)
(a) the employee’s current rate of salary per
week in relation to that part of leave; or
(b) calculated as follows – (a x b)/c
where:
a = the employee’s current rate of salary per
week in relation to that part of the leave
b = the prescribed average number of hours
of the employee’s employment
c = the employee’s number of hours of
employment per week the employee
worked on the relevant day
E25.27 For periods of seven consecutive days or more, long service leave may be taken on double, full
or half pay when approved by the head of service and subject to operational requirements,
with credits to be deducted on the same basis.
E25.28 Employees may be granted long service leave in blocks of less than seven days with the
approval of the head of service. Each day taken will be deducted at the rate of 1.4 and this can
be taken on double, full or half pay.
E25.29 Despite subclause E25.28, where an employee requests 6 consecutive days of long service, 7
days will be deducted from the employee’s long service leave balance.
Page 100 of 260
E25.30 If the employee is on higher duties at the time of taking, or cashing out, long service leave,
payment for the leave at the higher duties rate will only be approved if the higher duties would
have continued for the entire period of the leave taken, or the entire period of the leave
cashed out.
E25.31 Payment in lieu of long service leave if an employee’s employment with the ACTPS ceases will
include an amount in respect of a higher duties allowance, if:
E25.31.1 the officer has performed the duties of an office with a higher classification than
their substantive office for a continuous period of 12 months or ending on the
relevant day; or
E25.31.2 immediately before the person ceased to be an officer, the officer had performed
the duties of two or more offices with a higher classification than their substantive
office for periods that were continuous with one another aggregating 12 months
or more.
E25.32 Payment in lieu of long service leave which includes an amount in respect of higher duties
allowance is paid at the lowest rate at which higher duties allowance was paid to the officer
during that period of higher duties.
E25.33 Salary for long service leave includes allowances payable to the employee during long service
leave in accordance with Annex C:
E25.33.1 for the supply and maintenance by the employee of tools and equipment
ordinarily required by them to perform the duties of their work.
E25.34 Salary for long service leave does not include:
E25.34.1 shift penalty payments; or
E25.34.2 overtime payments; or
E25.34.3 payments in the nature of an on-call or restriction allowance.
Effect on other entitlements
E25.35 Long service leave counts as service for all purposes.
E25.36 When applying for long service leave an employee must seek approval of the head of
service if they propose to engage in outside employment during the leave.
Access to Other Entitlements
E25.37 Public holidays, Christmas Shutdown, weekends and other relevant days an employee is
entitled to be absent from duty under clause E10 - that fall during periods of absence on
long service leave are deducted from the employee’s long service leave balance.
E25.38 An employee who is ill or injured or cares for a member of the employee’s immediate
family or household who is ill or injured, for one day or more while on long service leave
and who produces a certificate from a registered health professional who is operating
within their scope of practice may apply for personal leave.
E25.39 If personal leave is granted to the employee, long service leave will be re-credited for the
period of personal leave granted.
E25.40 An employee may apply for and be granted long service leave during a period they would
be eligible to be granted:
E25.40.1 unpaid birth leave (captured at E14.32); or
E25.40.2 unpaid parental leave (captured at E17.16); or
E25.40.3 grandparental leave (captured at E19.20); or
E25.40.4 unpaid community service leave for voluntary community service (captured at
E13.38); or
Page 101 of 260
E25.40.5 unpaid personal leave (captured at E4.59); or
E25.40.6 Family, domestic or sexual violence leave (captured at E23.19).
E25.41 An employee who is prevented from attending for duty under the Public Health Act 1997, part
6 may be granted long service leave during that period.
E26 - Disability Leave
Purpose
E26.1 Disability leave is available to employees to enable them to be absent from duty for the
purposes of activities associated with an employee’s diagnosed permanent or ongoing physical
or psychological disability.
E26.2 Disability leave supports the Territory’s commitment to being an equitable employer and to
support employees with disability to balance their work commitments with appointments or
activities associated with their disability.
Eligibility
E26.3 Disability leave is available to employees, other than casual employees, who have a disability.
For the purposes of this clause, disability is defined as a permanent or ongoing physical or
psychological disability attributable to one or more intellectual, cognitive, neurological, sensory
or physical impairments or to one or more impairments attributable to a psychiatric condition.
Entitlement
E26.4 Employees eligible for disability leave will be entitled up to a maximum of 5 days/shifts of
disability leave per calendar year, subject to the provision of appropriate evidence. Disability
leave is non-cumulative.
E26.5 An employee may be granted disability leave from the first day of service.
E26.6 The use of disability leave is restricted to activities associated with an employee’s disability, and
is not to be used as a substitute for personal leave entitlements available under clause E4 -.
E26.7 Disability leave is to be used for activities or appointments associated with the employee’s
disability, including, but not limited to any of the following:
E26.7.1 To attend appointments with medical practitioners.
E26.7.2 To attend treatment, rehabilitation, therapy or counselling.
E26.7.3 To attend tests or assessments.
E26.7.4 To receive delivery of, fitting, repairing, maintaining and undergoing training in use
of orthoses, prostheses, adaptive equipment, or other aids.
E26.7.5 To obtain wheelchair or other equipment maintenance or replacement.
E26.8 Disability leave may be taken as consecutive or single days, or as part days.
Evidence and conditions
E26.9 Employees wishing to access disability leave should discuss their intention to take leave with
their manager or supervisor as soon as practical.
E26.10 An employee must make an application to the head of service to access disability leave
accompanied by supporting documentary evidence.
E26.11 Documentary evidence may include any of the following:
E26.11.1 A medical certificate from a registered medical practitioner or registered health
professional operating within their scope of practice.
E26.11.2 A written referral, issued by a registered medical practitioner.
E26.11.3 A statutory declaration.
Page 102 of 260
E26.11.4 Other reasonable forms of documentation.
E26.12 Having considered the requirements of this clause the head of service may approve an
employee’s application to access disability leave, subject to operational requirements in the
workplace.
E26.13 If the head of service does not approve an employee’s application for disability leave because
of operational requirements, the head of service must consult with the employee to determine
a mutually convenient alternative time (or times) for the employee to take the leave.
Employee support
E26.14 An employee may initiate a request to seek support through a flexible work arrangement and
reasonable adjustments through an individual plan.
E26.15 Following a request made under E26.140, the manager and employee will jointly prepare and
agree to the individual plan.
Rate of payment
E26.16 Disability leave must be granted with pay.
E26.17 The rate of payment to be paid to the employee during a paid period of disability leave is the
same rate as would be paid if the employee was granted paid personal leave.
Effect on other entitlements
E26.18 Employees who are unable to attend work due to illness related to their disability may utilise
personal leave.
E26.19 Disability leave will count as service for all purposes.
E26.20 Public holidays for which the employee would otherwise have been entitled to payment that
fall during periods of absence on disability leave must be paid as a normal public holiday.
Interaction with other leave entitlements
E26.21 Where an employee has exhausted their disability leave entitlement, they may apply to the
head of service for approval to take personal leave, or other forms of paid leave such as annual
leave or long service leave.
E27 - Surrogacy Leave
Purpose
E27.1 Surrogacy leave is available to pregnant employees who have entered into a valid surrogacy
arrangement to enable them to be absent from duty to do both of the following:
E27.1.1 Support their own wellbeing.
E27.1.2 Support the employee’s right to continuity of service.
Eligibility
E27.2 An employee who is pregnant as part of a valid Australian surrogacy agreement is eligible to be
absent on surrogacy leave.
E27.3 An employee who is eligible for surrogacy leave is not entitled to birth leave under clause E14 -.
E27.4 An employee is eligible for surrogacy leave where one of the following applies:
E27.4.1 The employee gives birth to a newborn child as part of a valid surrogacy
agreement.
E27.4.2 The employee’s pregnancy as part of a valid surrogacy agreement ends at within
20 weeks of the estimated date of delivery other than by the birth of a living child
(including stillbirth).
Page 103 of 260
E27.5 Where an employee’s pregnancy ends more than 20 weeks before the estimated date of
delivery of the child any surrogacy leave which has been prospectively approved must be
cancelled. In this circumstance the employee may become eligible for compassionate leave in
accordance with clause E12 - and/or special birth leave in accordance with clause E15 -.
Eligibility – paid surrogacy leave
E27.6 An employee, other than a casual employee, who is eligible for surrogacy leave and who has
completed 12 months of continuous service, including recognised prior service, immediately
prior to commencing a period of surrogacy leave is eligible for paid surrogacy leave.
E27.7 An employee, other than a casual employee, who is eligible for surrogacy leave and who
completes 12 months of continuous service within the first 12 weeks of surrogacy leave is
eligible for paid surrogacy leave for the period between completing 12 months of service and
the end of the first 12 weeks of surrogacy leave.
E27.8 An employee who is eligible for paid surrogacy leave and who is on approved leave without pay
is eligible for paid surrogacy leave for the period between completing the approved period of
leave without pay and the end of the first 12 weeks of surrogacy leave.
Entitlement
E27.9 Subject to subclause E27.6, an employee who is eligible for paid surrogacy leave is entitled to
12 weeks of paid leave in relation to each birth.
E27.10 To avoid doubt, the entitlement under this clause does not increase in cases of multiple births.
E27.11 Surrogacy leave is non-cumulative.
E27.12 Subject to subclauses E27.13 and E27.14, a surrogate who is eligible for surrogacy leave must
absent themselves from duty for a period commencing 6 weeks prior to the estimated date of
delivery of the child and ending 6 weeks after the actual date of birth of the child.
E27.13 A surrogate who produces medical evidence from a registered medical practitioner stating they
are fit for duty until a date less than 6 weeks prior to the estimated date of delivery of the child
may continue to work up until a date recommended by the medical practitioner, subject to the
approval of the head of service.
E27.14 A surrogate who has given birth to a child and produces medical evidence from a registered
medical practitioner stating they are fit for duty from a date less than 6 weeks after the date of
birth of the child may resume duty on a date recommended by the medical practitioner,
subject to the approval of the head of service.
E27.15 A surrogate who has given birth to a child may resume duty following the end of the 6 week
period after the birth of the child, and earlier than the end of the approved period of surrogacy
leave subject to the approval of the head of service.
E27.16 An employee who has given birth to a child is entitled to return to work in accordance with the
provisions in the National Employment Standards of the FW Act.
Evidence and conditions
E27.17 An employee must give notice to their manager or supervisor as soon as practicable of their
intention to be absent on surrogacy leave.
E27.18 Surrogacy leave is deemed to be approved, however, an employee must submit an application
to the head of service for any period of surrogacy leave.
E27.19 Having considered the requirements of this clause the head of service must approve an
employee’s application to access surrogacy leave.
E27.20 Prior to commencing surrogacy leave an employee will provide the head of service with
documentary evidence of both the following:
Page 104 of 260
E27.20.1 The pregnancy and the estimated date of delivery from a registered medical
practitioner or registered health professional who is operating within their scope
of practice.
E27.20.2 Evidence of the valid surrogacy arrangement.
E27.21 If requested by the head of service, an employee must provide the head of service with
documentary evidence of the birth and the date of the birth of the child as soon as possible
after the birth of the child. Such documentary evidence may include a copy of the birth
certificate or documents provided by a registered medical practitioner or registered health
professional who is operating within their scope of practice.
Rate of payment
E27.22 The rate of payment to the employee during a paid period of surrogacy leave is the same rate
as would be paid if the employee was granted paid personal leave.
E27.23 Despite E27.22, where an employee varies their ordinary hours of work, either from part-time
to full-time, from part-time to different part-time, or from full-time to part-time, during the 12-
month period directly preceding surrogacy leave, the rate of payment for the paid component
of their surrogacy leave, which will be capped at full-time rates, will be calculated by using the
average of their ordinary hours of work, excluding any periods of leave without pay, for the 12-
month period immediately before the period of surrogacy leave commences.
E27.24 To avoid doubt, an employee’s status and all other entitlements remain unaltered by the
operation of subclause E27.23.
Effect on other entitlements
E27.25 Surrogacy leave with pay will count as service for all purposes.
E27.26 Any period of unpaid surrogacy leave taken by an employee during the period commencing 6
weeks prior to the estimated date of delivery of the child and ending 6 weeks after the actual
date of birth of the child will count as service for all purposes.
E27.27 Public holidays for which the employee would otherwise have been entitled to payment that
fall during periods of absence on surrogacy leave will not be paid as a normal public holiday.
Interaction with other leave entitlements
E27.28 An employee who is eligible for surrogacy leave is not entitled to birth leave under clause E14 -.
E28 - Gender Affirmation Leave
Purpose
E28.1 Gender affirmation leave is available to employees to enable them to be absent from duty for
the purposes of activities associated with affirming an employee’s gender.
Eligibility
E28.2 Gender affirmation leave is available to employees, other than casual employees, who are
affirming their gender.
Entitlement
E28.3 Gender affirmation leave is available to an employee during the course of their employment to
undertake necessary gender affirmation steps and procedures.
E28.4 An employee undergoing gender affirmation is entitled, subject to the provision of appropriate
evidence, to both the following:
E28.4.1 Up to 4 weeks (20 days) paid leave, or up to 8 weeks (40 days) at half pay.
E28.4.2 Up to 48 weeks unpaid leave.
Page 105 of 260
E28.5 Leave for gender affirmation purposes is in addition to other leave entitlements, and is to be
used for activities associated with affirming an employee’s gender, including, but not limited to
any of the following:
E28.5.1 To attend appropriate medical or psychological appointments.
E28.5.2 To attend counselling appointments.
E28.5.3 To obtain legal advice or attend documentation amendment appointments.
E28.5.4 To obtain hormonal treatments.
E28.5.5 To undergo gender affirmation surgery or to attend surgery-related appointments.
Note: it may be necessary under this provision for the employee to use additional time to the
duration of appointments in order to facilitate travel and recovery.
E28.6 Leave for gender affirmation purposes may be taken as consecutive or single days, or as part
days.
Evidence and conditions
E28.7 Employees wishing to access gender affirmation leave should discuss their intention to take
leave with their manager or supervisor, or an appropriate HR Manager, as soon as practical.
E28.8 An employee must make an application to the head of service to access gender affirmation
leave. As far as practicable an employee will provide at least 4 weeks’ written notice of their
intended commencement date together with supporting documentary evidence.
E28.9 Evidence may include any of the following:
E28.9.1 A medical certificate from a registered medical practitioner or registered
professional operating within their scope of practice.
E28.9.2 A written referral, issued by a registered medical practitioner, to a counsellor.
E28.9.3 A document issued by a counsellor.
E28.9.4 A legal or other document issued by a state, territory, or federal government
organisation.
E28.9.5 A statutory declaration.
E28.10 Having considered the requirements of this clause the head of service may approve an
employee’s application to access gender affirmation leave.
Rate of payment
E28.11 Gender affirmation leave will be granted with pay for the first 4 weeks, or 8 weeks at half pay.
E28.12 Paid gender affirmation leave may be taken with full or half pay, or a combination of full and
half pay, with credits to be deducted on the same basis. The maximum paid period is up to 8
weeks at half pay.
E28.13 The rate of payment to be paid to the employee during a paid period of gender affirmation
leave is the same rate as would be paid if the employee was granted paid personal leave.
Effect on other entitlements
E28.14 Leave with pay for gender affirmation purposes will count as service for all purposes. Leave
without pay for gender affirmation purposes will not count as service for any purpose, but will
not break an employee’s continuity of service.
E28.15 Public holidays for which the employee would otherwise have been entitled to payment that
fall during periods of absence on gender affirmation leave will be paid as a normal public
holiday.
Interaction with other leave entitlements
Page 106 of 260
E28.16 An application by an employee for long service leave or annual leave during a period that
would otherwise be an unpaid period of gender affirmation leave will be granted to the extent
of available entitlements.
E28.17 An application by an employee for personal leave during a period that would otherwise be an
unpaid period of gender affirmation leave will be granted subject to the employee providing a
certificate from a registered medical practitioner or registered health professional operating
within their scope of practice to the extent of available entitlements.
E29 - Assisted Reproductive Leave
Purpose
E29.1 Assisted reproductive leave is available to employees, other than casual employees, to enable
them to be absent from duty to undergo assisted reproductive treatments and attend medical
appointments in relation to assisted reproductive treatments.
Eligibility
E29.2 Paid assisted reproductive leave is available to an employee, other than a casual employee,
who is to undergo assisted reproductive treatments.
E29.3 An employee who has completed at least 12 months continuous service, including recognised
prior service, immediately prior to commencing assisted reproductive treatments is eligible for
assisted reproductive leave.
E29.4 Assisted reproductive leave is not available to the partner of the person undergoing assisted
reproductive treatments unless they are also undergoing assisted reproductive treatment.
E29.5 These provisions do not apply in respect of the birth of a child of the employee’s legal surrogate
or the adoption of a child or children by the employee.
Entitlement
E29.6 The employee is entitled to up to five days paid assisted reproductive leave per calendar year.
E29.7 Leave is non-cumulative and may be taken as single or consecutive days.
E29.8 Despite clause E2 -, assisted reproductive leave may be taken as part-days to facilitate the
attendance of related medical appointments.
Evidence and Conditions
E29.9 An employee should discuss with their manager or supervisor, as soon as practicable, their
intention to be absent on assisted reproductive leave.
E29.10 An employee must make an application to the head of service to access their assisted
reproductive leave.
E29.11 The head of service may request documentary evidence supporting the employees request to
access assisted reproductive leave. Documentary evidence may include a medical certificate
from a registered medical practitioner or registered health professional operating within their
scope of practice confirming reproductive leave treatments and associated appointments.
E29.12 Having considered the requirements of this clause, the head of service may approve an
employee’s application to access assisted reproductive leave.
Rate of Payment
E29.13 Assisted reproductive leave is granted with pay, and is paid at the employee’s base rate of pay,
including relevant allowances for the ordinary hours the employee would have worked during
the leave.
Effect on Other Entitlements
E29.14 Assisted reproductive leave will count as service for all purposes.
Page 107 of 260
E29.15 Public holidays for which the employee is entitled to payment that fall during periods of
absence on assisted reproductive leave will be paid as a normal public holiday and must not be
deducted from the employee’s annual leave balance.
Interaction with Other Leave Types
E29.16 Paid assisted reproductive leave must not be taken concurrently with any other forms of leave.
E29.17 Employees who are unfit to attend work due to illness related to their assisted reproductive
treatments must apply for personal leave and are not eligible for assisted reproductive leave.
E29.18 Despite clause E29.17, where an employee has exhausted their personal leave credits, the head
of service may consider approving an application for assisted reproductive leave where the
employee is unfit to attend work due to illness related to their assisted reproductive
treatments.
E30 - Other Leave
Purpose
E30.1 Other leave is available to employees to enable them to be absent from duty for a variety of
purposes as set out in Annex D.
E30.2 Other leave may be granted in the interests of any of the following:
E30.2.1 The ACTPS, a State, a Territory or the Commonwealth.
E30.2.2 The community in general.
E30.2.3 The employee.
Note: Separate provisions apply for community service leave which includes jury service,
voluntary emergency management and voluntary community service.
Eligibility
E30.3 An employee who meets the eligibility requirements specified in Annex D is eligible to apply
for that form of other leave.
Entitlement
E30.4 An employee may be granted other leave to the maximum period set out in Annex D.
Evidence and conditions
E30.5 An employee should discuss with their manager or supervisor, as soon as practicable, their
intention to be absent on a form of other leave, including the reasons for the absence and
the period, or expected period, of the absence.
E30.6 An employee must make an application to the head of service to access a form of other leave.
E30.7 Having considered the requirements of this clause the head of service may approve an
employee’s application to access a form of other leave. A decision not to approve the leave
must be made in accordance with subclause E3.1.
E30.8 The employee must, if requested by the head of service, provide sufficient documentary
evidence supporting the reason for the absence.
E30.9 When considering requests for other leave, the head of service must take into account all of
the following:
E30.9.1 The employee’s circumstances.
E30.9.2 Community norms and obligations.
E30.9.3 The operational requirements of the workplace.
E30.9.4 Other available leave options.
E30.9.5 Any conditions on the entitlement as defined in Annex D.
Page 108 of 260
Rate of payment
E30.10 Other leave may be granted with or without pay in accordance with Annex D.
Effect on other entitlements
E30.11 A period of other leave will, or will not, count as service in accordance with Annex D.
E30.12 Public holidays for which the employee is entitled to payment that fall during periods of
absence on other paid leave must be paid as a normal public holiday and will not reduce an
entitlement of the employee to other leave under Annex D.
Interaction with other leave types
E30.13 Leave must not be granted under this provision if another form of leave is more appropriate.
Unattachment
E30.14 Where the leave is without pay for a period of more than 12 months the head of service
may, with the employee’s written consent, declare the employee unattached.
Leave entitlements provided for elsewhere
E30.15 In addition to the leave entitlements available within section F, leave entitlements are
provided throughout this Agreement and the PSM Standards, including:
Annex D – Other Leave 1. Attend Aboriginal or Torres Strait
Islander Ceremonies
2. Attend Aboriginal and Torres Strait
Islander meetings
3. Attend NAIDOC week activities
4. Religious purposes
5. Defence Reserve
6. Operational Service Personal Leave
7. Returned soldiers for medical
purposes
8. Accompany a domestic partner on a
posting
9. Engage in employment in the
interests of defence or public safety
10. Attend as a witness
11. Attend proceedings at the Fair Work
Commission
12. Donate an organ
13. Donate Blood
14. Hold a full-time office in a staff
organisation
15. Local government purposes
16. Campaign for election
17. Attend sporting events as an
accredited competitor or official
18. Cope with a disaster
19. Engage in employment associated
with compensation
20. Engage in employment in the
interests of the ACTPS
21. Take leave where leave cannot be
granted under any other provision
F5 - Attendance at Industrial Relations Courses
and Seminars
Page 109 of 260
L11 - Leave and Expenses to Seek Employment
Public Sector Management Standards Study assistance
Page 110 of 260
Section F Communication and Consultation
F1 - Consultation
F1.1 There must be effective consultation with an employee(s) and their representatives,
including union representatives, on workplace matters. The ACTPS recognises that
consultation and employee participation in decisions that affect them is essential to the
successful management of change.
F1.2 If there are proposals by the ACTPS to introduce changes that would have a significant effect
on an employee or a group of employees, the head of service must consult with the affected
employees and the union(s). Consultation means a genuine opportunity to contribute to and
influence the decision making process prior to decisions being made.
F1.2.1 Significant effect includes, but is not limited to, effects of proposals that deal with
any of the following:
F1.2.1 (a) The termination of the employment of employees through
redundancy.
F1.2.1 (b) Changes to the composition, operation or size of the directorate
workforce or the skills required of employees.
F1.2.1 (c) The elimination or diminution of job opportunities (including
opportunities for promotion or tenure).
F1.2.1 (d) The alteration of hours of work.
F1.2.1 (e) The need to retrain employees.
F1.2.1 (f) The need to physically relocate employees.
F1.2.1 (g) The restructuring of job-roles, positions, structures or directorates.
F1.2.1 (h) Changes to employment policies.
F1.2.1 (i) Anything likely to materially affect workloads.
F1.2.1 (j) Any other matter deemed relevant by parties covered by this
Agreement.
F1.3 An employee(s) or their representative(s) may also initiate consultation on any matters or
proposals if such consultation hasn’t already been initiated under subclause F1.2.
F1.4 The head of service must provide relevant information to assist the employee(s) and the
union(s) to understand the reasons for the proposed changes and the likely impact of these
changes so that the employee(s) and union(s) are able to contribute to the decision making
process.
F1.5 In addition to the consultation outlined in subclause F1.1 to subclause F1.3 all the following
apply:
F1.5.1 Directorate Consultative Committees (DCCs) must be established, with
membership to be agreed by the head of service and the union(s) following
commencement of this Agreement and comprising representatives of both the
following:
F1.5.1 (a) The head of service.
F1.5.1 (b) The union(s).
F1.5.2 Adequate time must be provided to employees and the union(s) to consult with
the relevant directorate(s).
F1.5.3 A directorate may establish a DCC to cover one or more enterprise agreements
that cover its employees.
Page 111 of 260
F1.5.4 Additional levels of consultation, such as a Workplace Consultative Committee
(WCC), may be established with the agreement of the relevant DCC to operate at
the local level. Where established, these levels of consultation must deal with
workplace specific issues before such issues may be raised with the DCC and have
membership agreed by the DCC.
F1.6 The purpose of the DCC is to do all the following:
F1.6.1 Monitor the operation and implementation of this Agreement.
F1.6.2 Consider any proposed new or proposed significant changes to directorate policy
statements and guidelines that relate to the provisions of this Agreement.
F1.6.3 Consult on workplace matters significantly affecting employees.
F1.7 The DCC must meet within 2 months of the commencement of this Agreement. The purpose
of this meeting is to agree on the terms of reference, which must include the consultative
structure to operate during the term of this Agreement.
F1.7.1 The DCC must meet no less than once in any 12 month period thereafter, unless
a different period is agreed in the Terms of Reference.
F1.7.2 Additional meetings of the DCC may also be convened if requested by any
member of the DCC, or as determined by the Terms of Reference.
F1.8 The Chief Minister, Treasury and Economic Development Directorate must consult with the
union(s) and employees prior to the finalisation of any significant changes or any new
provisions in the PSM Act and the PSM Standards and any new service wide policy
statements or guidelines that relate to the provisions of this Agreement. This consultation
may occur through the Joint Council.
Consultation on changes to regular rosters or ordinary hours of work
F1.9 If the ACTPS proposes to introduce a change to the regular roster or ordinary hours of work
of employees, the head of service must do all the following:
F1.9.1 Notify the relevant employees of the proposed change.
F1.9.2 Recognise the affected employee’s union or other representative.
F1.9.3 As soon as practicable after proposing to introduce the change, all of the
following:
F1.9.3 (a) Discuss with the relevant employees the introduction of the change.
F1.9.3 (b) For the purposes of the discussion, provide to the relevant employees
all of thefollowing:
F1.9.3 (b) (i) All relevant information about the change,
including the nature of the change.
F1.9.3 (b) (ii) Information about what the head of service
reasonably believes will be the effects of the
change on the employees.
F1.9.3 (b) (iii) Information about any other matters that the
head of service reasonably believes are likely to
affect the employees.
F1.9.3 (c) Invite the relevant employees to give their views about the impact
of the change (including any impact in relation to their family or
caring responsibilities).
F1.10 The head of service is not required to disclose confidential or commercially sensitive
information to the relevant employees.
Page 112 of 260
F1.11 The head of service must give prompt and genuine consideration to matters raised about the
change by the relevant employees.
F1.12 These provisions are to be read in conjunction with other consultative obligations detailed in
the Agreement.
Note: In this term "relevant employees" means the employees who may be affected by a
change referred to in subclause F1.9.
F1.13 In addition, the employer undertakes that, for the purposes of subclause F1.2, the head of
service must recognise and consult with the affected employee(s), their union or other
representative.
F2 - Freedom of Association
F2.1 The ACTPS recognises that employees are free to choose whether or not to join a union.
Irrespective of that choice, employees must not be disadvantaged or discriminated against
in respect of the employees’ employment under this Agreement. The ACTPS recognises that
employees who choose to be members of a union have the right to choose to have their
industrial interests represented by the union.
F2.2 Employees in negotiations of any kind are entitled to negotiate collectively where they so
choose.
F2.3 Employees engaging in negotiations of any kind are entitled to be represented by a
representative of their choice. The ACT Government must deal with any such
representative in good faith.
F3 - Right of Existing and New Employees to Representation in the Workplace
F3.1 The ACTPS acknowledges the rights of its employees to be represented on any workplace
relations matter and to meet with their representatives in the workplace. The ACTPS
recognises the legitimate right of the union(s) to represent its employees who are members,
or eligible to become members of the union(s).
F3.2 The FW Act prescribes the purpose and manner under which the union(s) may exercise right of
entry in the workplace. The ACTPS must grant the union(s) access in accordance with the FW
Act.
F3.3 In addition, the ACTPS must do all of the following:
F3.3.1 Allow union officials and employees, who are permit holders, to enter ACTPS
workplaces for normal union business or to represent employees, to meet with
management or members and to distribute or post material, provided that work is
not disrupted.
F3.3.2 Allow the union(s) to meet with new ACTPS employees who are members, or
who are eligible to become members, of the union(s), at a time during normal
working hours which the union(s) and the head of service agree upon, and of
which the head of service must advise the employees.
F3.3.3 Provide all new ACTPS employees with some form of induction program,
including an induction package containing information about the union(s)
which the union(s) has given the ACTPS.
F3.3.4 Invite the union(s) to attend any face-to-face induction of new ACTPS
employees, the details of which the head of service must provide to the
union(s)’ contact officer or other nominated person with reasonable notice.
Such attendance must be included as an integral part of the induction process
and be for the purpose of delivering an information presentation including
recruitment information to new ACTPS employees.
Page 113 of 260
F3.3.5 Organise regular face to face meetings, which may be the face-to-face
inductions of new ACTPS employees as per subclause F3.3.4, between new
ACTPS employees and the relevant union(s), for the purpose of delivering an
information presentation including recruitment information to new ACTPS
employees. Such meetings must be held at regular intervals as agreed between
the relevant directorate(s) and the relevant unions.
F3.4 For the avoidance of doubt, nothing in subclause F3.3 should be taken as conferring a right
of entry that is contrary to, or for which there is otherwise, a right of entry under the FW
Act.
F4 - Co-operation and Facilities for Unions and Other Employee Representatives
F4.1 For the purpose of ensuring that union(s) and other employee representatives who are
employees of the ACTPS can effectively fulfil their employee representative role under this
Agreement, the following provisions apply.
F4.2 Reasonable access to ACTPS facilities, including the internal courier service, access to the ACT
Government communication systems, telephone, facsimile, photocopying, access to meeting
rooms and storage space, must be provided to union(s) and other employee representatives to
assist them to fulfil their representative obligations, duties and responsibilities having regard to
the ACTPS's statutory obligations, operational requirements and resources.
F4.3 In addition to the ACTPS facilities outlined in subclause F4.2, where available, a union or
employee representative who is an employee of the ACTPS must be able to establish
designated Microsoft Outlook public folders which will provide a collaborative electronic
workspace to improve the flow of information. The use of ACTPS facilities must be in
accordance with published whole-of-government policies and for matters other than for
industrial action.
F4.4 A union or other employee representative who is an employee of the ACTPS must be
provided with adequate paid time off from their usual working hours, to undertake duties to
represent other employees.
F4.5 While the representative duties would normally be expected to be performed within the
workplace, on occasions the union or employee representative may be required to conduct
these duties external to the workplace.
F4.6 The role of union workplace delegates and other recognised union representatives is to be
respected and facilitated. The ACTPS and union workplace delegates must deal with each
other in good faith.
F4.7 In addition to other provisions in this Agreement, in discharging their representative roles at
the workplace level, the rights of union workplace delegates include, but are not limited to, all
of the following:
F4.7.1 To be treated fairly and perform their role as workplace delegate without any
discrimination in their employment.
F4.7.2 To speak on behalf of their members in the workplace.
F4.7.3 To participate in collective bargaining on behalf of those who they represent, as
per the FW Act.
F4.7.4 To reasonable paid time off from their usual working hours to do any of the
following:
F4.7.4 (a) Provide information and seek feedback from employees in the
workplace on workplace relations matters in the ACTPS during
normal working hours.
F4.7.4 (b) Represent the interests of members to the employer and industrial
tribunals.
Page 114 of 260
F4.7.4 (c) Consult with other delegates and union officials in the
workplace, and receive advice and assistance from union staff
and officials in the workplace.
F4.7.5 To email employees in their workplace to provide information to and seek
feedback, subject to individual employees exercising a right to ‘opt out’.
F4.7.6 To consultation, and access to relevant information about the workplace and the
ACTPS, subject to privacy legislation and other relevant legislation.
F4.7.7 To undertake their role as union representatives on directorate workplace
relations consultative committee(s).
F4.7.8 To have reasonable access to ACTPS facilities (including internet and email
facilities, meeting rooms, lunch rooms, tea rooms and other areas where
employees meet) for the purpose of carrying out work as a delegate and
consulting with members and other interested employees and the union.
F4.7.9 To address new employees about union membership at the time they enter
employment in their workplace.
F4.7.10 To access appropriate training in workplace relations matters including training
provided by a union in accordance with clause F5 -.
F4.8 In exercising their rights under subclause F4.7, workplace delegates and unions must
adhere to ACTPS policies and guidelines and consider operational issues and the likely
effect on the efficient operation of the ACTPS and the provision of services.
F5 - Attendance at Industrial Relations Courses and Seminars
F5.1 For the purpose of assisting employees in gaining a better understanding of industrial relations
issues relating to this Agreement, the head of service must grant leave to employees to attend
recognised short training courses or seminars subject to all of the following conditions:
F5.1.1 Operating requirements permit the granting of leave.
F5.1.2 The scope, content and level of the short courses will contribute to the better
understanding of industrial relations issues.
F5.1.3 Leave granted under this clause is at full pay, not including shift and penalty
payments or overtime.
F5.1.4 Each employee will not be granted more than 15 days or shifts leave in any
calendar year.
F5.2 If the employee has applied for leave under subclause F5.1 and the head of service rejected
the application because of operational requirements, approval of any subsequent application
for leave by the employee under subclause F5.1 must not be withheld unreasonably,
provided that the employee gives the head of service at least 14 days or shifts notice in
writing.
F5.3 The ACTPS must accept any short course conducted or accredited by a relevant employee
organisation (for example union(s), the Australian Council of Trade Unions or the ACT Trades
and Labour Council) as a course to which subclause F5.1 applies.
F5.4 Leave granted for this purpose counts as service for all purposes.
F6 - Dispute Avoidance and Settlement Procedures
F6.1 The objective of these procedures is the prevention and resolution of disputes about both of
the following:
F6.1.1 Matters arising in the workplace, including disputes about the interpretation or
implementation of this Agreement.
Page 115 of 260
F6.1.2 The application of the NES.
F6.2 For the purposes of this clause, except where the contrary intention appears, the term ‘parties’
refers to ‘parties to the dispute’.
F6.3 All persons covered by this Agreement agree to take reasonable internal steps to prevent, and
explore all avenues to seek resolution of, disputes.
F6.4 An employee who is a party to the dispute may appoint a representative, which may be a
relevant union, for the purposes of the procedures of this clause.
F6.5 In the event there is a dispute, all the following processes apply.
F6.5.1 Where appropriate, the relevant employee or the employee’s representative must
discuss the matter with the employee’s supervisor. Should the dispute not be
resolved, it must proceed to the appropriate management level for resolution.
F6.6 In instances where the dispute remains unresolved, the next appropriate level of
management, the employee, the union or other employee representative must be notified
and a meeting be arranged at which a course of action for resolution of the dispute will be
discussed.
F6.7 If the dispute remains unresolved after this procedure, a party to the dispute may refer the
matter to the FWC.
F6.8 The FWC may deal with the dispute in the following 2 stages:
F6.8.1 The FWC must first attempt to resolve the dispute as it considers appropriate,
including by mediation, conciliation, expressing an opinion or making a
recommendation.
F6.8.2 If the FWC is unable to resolve the dispute at this first stage, the FWC may then do
both the following:
F6.8.2 (a) Arbitrate the dispute.
F6.8.2 (b) Make a determination that is binding on the parties.
F6.9 The FWC may exercise any powers it has under the FW Act as are necessary for the just
resolution or determination of the dispute.
F6.10 A person may be assisted and represented at any stage in the dispute process in the FWC
on the same basis as applies to representation before the FWC under section 596 of the FW
Act.
F6.11 All persons involved in the proceedings under subclause F6.8 must participate in good faith.
F6.12 Unless the parties agree to the contrary, the FWC must, in responding to the matter, have
regard to whether a party has applied the procedures under this term and acted in good
faith.
F6.13 The parties agree to be bound by a decision made by the FWC in accordance with this clause.
F6.14 Notwithstanding subclause F6.13, any party may appeal a decision made by the FWC in
accordance with the FW Act.
F6.15 Despite the above, the parties may agree to submit the dispute to a body or person other
than the FWC. Where the parties agree to submit the dispute to another body or person, all
the following apply:
F6.15.1 References to the FWC in the above provisions must be read as a reference to the
agreed body or person.
F6.15.2 All obligations and requirements on the parties and other relevant persons
under the provisions in this clause must be complied with unless the parties
agree otherwise.
Page 116 of 260
F6.15.3 The agreed body or person must deal with the dispute in a manner that is
consistent with section 740 of the FW Act.
F6.16 While the parties are trying to resolve the dispute using procedures in this clause the employee
must do all of the following:
F6.16.1 Continue to perform their work as they would normally unless they have a
reasonable concern about an imminent risk to their health or safety.
F6.16.2 Comply with a direction given by the head of service to perform other available
work at the same workplace, or at another workplace, unless any of the following
apply:
F6.16.2 (a) The work is not safe.
F6.16.2 (b) Applicable work health and safety legislation would not permit the
work to be performed.
F6.16.2 (c) The work is not appropriate for the employee to perform.
F6.16.2 (d) There are other reasonable grounds for the employee to refuse to
comply with the direction.
F6.17 Any dispute formally commenced in accordance with G6.7 under the ACT Public Sector
Technical and Other Professional Enterprise Agreement 2021-2022, but not concluded before
the commencement of this Agreement, shall continue to be dealt with in accordance with the
dispute settlement provisions in this Agreement. Any steps already taken in that process will be
recognised and accepted by parties and the FWC as steps taken for the purpose of this clause.
F7 - Privatisation
F7.1 In order to promote job security it is agreed that the privatisation of a government entity
may only occur if all of the following apply:
F7.1.1 The entity does not perform a role central to the functions of government.
F7.1.2 Disadvantaged groups would not be negatively affected by the privatisation.
F7.1.3 A social impact statement has been completed which indicates that there is a
demonstrated public benefit from the sale.
F7.2 In the event that privatisation of an ACTPS directorate or a service or services currently
supplied by an ACTPS directorate is under consideration, consultation must occur on the
implications for employees and the relevant directorate from these proposals.
F7.3 Where such privatisation is under consideration, the ACTPS must provide the necessary
reasonable resources to develop an in-house bid and this bid must be prepared either off
site or on site as determined by the head of service and subject to consideration on equal
terms to any other bid. An independent probity auditor must be appointed by the head of
service to oversee the assessment of the in-house bid.
Page 117 of 260
Section G Workplace Values and Behaviours
G1 - Introduction
G1.1 All employees have a common interest in ensuring that workplace behaviours are consistent
with, and apply the values and general principles set out in Division 2.1 of the PSM Act and
the ACT Public Service Code of Conduct and Signature Behaviours. This involves the
development of an ethical and safe workplace in which all employees act responsibly and are
accountable for their actions and decisions.
G1.2 Behaviours that are not consistent with public sector values, principles and conduct including
but not limited to bullying, harassment and discrimination of any kind will not be tolerated in
ACTPS workplaces. It is recognised that bullying, harassment and discrimination in the
workplace has both emotional and financial costs and that both systemic and individual
instances of bullying and harassment are not acceptable.
G1.3 The following provisions of Section G contain procedures for managing workplace behaviours
that do not meet expected standards and management of misconduct.
G1.4 These provisions for managing workplace behaviours and values promote the principles of
natural justice and procedural fairness.
G1.5 Any misconduct, underperformance, internal review or appeal process under the previous
enterprise agreement that is not completed as at the date of commencement of this enterprise
agreement will be completed under the previous enterprise agreement. Any right of appeal
from that process will also be set out in the previous enterprise agreement.
G1.6 Noting that the provisions of this Section G are in identical terms to provisions (however
described) of other ACTPS Enterprise Agreements: If an employee moves from one directorate
or Agreement to another either on a permanent or temporary basis while a misconduct process
is on foot, and irrespective of whether this Agreement or another ACTPS Enterprise Agreement
applied to the employee at the time the misconduct process commenced, the misconduct
process will continue and the employee is required to continue to participate in the process.
G1.6.1 Any disciplinary action and sanction which is determined to be applied under
clause G9 - will be applied to the employee in their new position, where the
head of service determines it is appropriate and necessary and having due
regard to the nature of the misconduct and the changes in employment
circumstances including any material bearing on the employee's duties and
responsibilities in their new position.
G1.7 If an employee’s employment has ended with the ACTPS while a misconduct process is on foot,
the public sector standards commissioner will do one of the following:
G1.7.1 Determine to complete the misconduct process under Section G of this
Agreement, including inviting the employee to participate in the process, such that
the outcome of the process can be taken into account with any application by the
employee to subsequently re-enter the ACTPS.
G1.7.2 Determine to stay the misconduct process under Section G of this agreement,
upon the employee's end of employment and communicate to the employee
that the misconduct process may recommence if the employee subsequently
re-enters, or seeks to re-enter, the service.
G1.7.3 Determine to discontinue the matter.
G1.8 Any disciplinary action and sanction which is determined as a consequence of a resumed
misconduct process may be imposed on the employee in their new position in accordance with
G1.6.1 or taken into account with any application by the employee to subsequently re-enter
the ACTPS.
Page 118 of 260
G2 - Preliminary Assessment
G2.1 The preliminary assessment is a means of determining if there is a workplace issue, and the
most appropriate way to resolve it. The preliminary assessment must be conducted
expeditiously. The outcome should be focused on the workplace issue and an appropriate
response that addresses the issue in context. The preferred approach whenever possible is to
resolve the issues through a local and low level approach, and in a non-disciplinary way.
G2.2 In cases where a workplace issue arises such as an allegation of inappropriate behaviour or
alleged misconduct, the appropriate manager must undertake an assessment to determine
whether the matter can be resolved locally or whether further action is required or not.
G2.3 When undertaking an assessment, the nature, circumstances and context of the issue should
be considered when forming the response.
G2.4 The preliminary assessment may result in the following outcomes (this is not an exhaustive
list):
G2.4.1 If the manager is satisfied that no further action is necessary, no further action
needs to be taken.
G2.4.2 If the manager is of the view that formal or informal counselling or other
alternative remedial or restorative action is appropriate, the manager will
implement that action.
G2.4.3 If the manager considers the issue related to performance issues, the manager
may commence an underperformance process in accordance with H2 -
(underperformance).
G2.4.4 If the manager determines that there are allegations of potential misconduct that
require investigation, the manager will recommend to the relevant referral
delegate that the matter should be referred in accordance with G2.8.
G2.5 The manager may seek the assistance of an appropriate Human Resources adviser from within
the Directorate or Professional Standards Unit, however the manager is responsible for
undertaking the assessment unless an actual or perceived conflict of interest exists.
G2.6 The assessment must be done in an expeditious manner and generally be limited to having
discussions (either verbal or written) about the issue, with relevant employees, and, if
requested, their representatives.
G2.7 Although the principles of procedural fairness apply, this assessment is not a formal
investigation (as this may occur after the assessment is undertaken) and is designed to
enable a manager to quickly determine whether other action or formal investigation is
needed or not to resolve the issues. The manager must communicate the outcomes to
relevant employees and their representatives if any.
G2.8 If the manager determines that the issue requires investigation the manager must recommend
to the head of service that the matter be investigated.
G2.9 The head of service may determine that no investigation is necessary where the employee
admits to the alleged misconduct and the employee agrees that there is no need for an
investigation. The employee must fully understand the misconduct they are admitting to and
make an admission statement taken by the public sector standards commissioner.
G2.10 Where an employee makes an admission in accordance with subclause G2.9 the public
sector standards commissioner will provide the admission statement to the head of service
who will determine the appropriate outcome. This may include disciplinary action or
sanction in accordance with clause G9 -. The head of service must ensure that they have
sufficient information concerning the nature and full circumstances of the misconduct, any
mitigating factors, and details of the employee’s prior service record and performance to
enable a fair and reasonable determination under clause G9 - to be made.
Page 119 of 260
G3 - Counselling
G3.1 Counselling may happen outside of the preliminary assessment and misconduct
processes. This is an opportunity for the employee and the manager to discuss possible
causes and remedies for identified workplace problems. All parties have an obligation to
participate in counselling in good faith.
G3.2 Counselling can be conducted either informally through coaching and feedback or
formally.
G3.3 Informal counselling is a non-disciplinary method utilised to resolve a workplace issue. It
should be used as a supportive, feedback type mechanism. Coaching and feedback should
encourage and support the employee in understanding the requirements and
expectations of a public servant in their role.
G3.4 Formal counselling is counselling that an employee is required to participate in and is
available as remedial action following the outcome of a preliminary process under clause
G2 -. An employee may be directed to participate in formal counselling.
G3.5 Where an employee refuses or fails to follow a direction to participate in formal
counselling, the head of service may refer the matter to the Public Sector Standards
Commissioner for investigation.
G3.6 Where the employee disagrees with a direction to participate in formal counselling, the
employee may provide a written request to the head of service seeking a formal
investigation of the alleged inappropriate behaviour or alleged misconduct that required
the formal counselling. Where a request is received, the head of service must refer the
matter to the Public Sector Standards Commissioner for review.
G3.7 In cases where counselling is considered to be appropriate, the employee will be informed
what the discussion will be about and be invited to have a support person, who may be the
employee’s union or other employee representative, present at the counselling and will
allow reasonable opportunity for this to be arranged. The employee must be advised
whether the counselling is considered a formal or informal process.
G3.8 In the cases where the counselling is considered to be formal, the manager or the head of
service must create a formal record of the counselling which must include details about the
ways in which the employee’s conduct needs to change or improve, the time frames within
which these changes or improvements must occur and may include a written direction about
future expectations, standards and behaviours.
G3.9 The record of formal counselling must be provided to the employee and the employee given
an opportunity to correct any inaccuracies and provide comments before signing the record.
The employee’s signature is taken as representing their full agreement that the record
accurately reflects the discussion. If the employee elects not to sign the record, then details
of the offer and any reasons given for refusal must be clearly noted.
G3.10 Where the manager or supervisor or the head of service considers that the employee’s
conduct has not improved following informal or formal counselling, a misconduct process
may be undertaken in relation to continued or subsequent behaviour, following a preliminary
assessment being undertaken in accordance with clause G2 -.
G4 - Misconduct and Discipline
Objectives and application
G4.1 This clause establishes procedures for managing misconduct or alleged misconduct by an
employee.
G4.2 This clause applies to all employees, except casual employees who are not eligible casual
employees. In applying these procedures to officers on probation, temporary employees or
eligible casual employees, the head of service may determine that procedures and practices
throughout clause G8 - and clause G9 - apply on a proportionate basis according to the
Page 120 of 260
circumstances of the case and in accordance with the principles of procedural fairness and
natural justice.
G4.2.1 If the process is to be applied on a proportionate basis in accordance with this
subclause the content of that process, along with any estimated timeframes,
must be communicated to the employee when the process commences.
G4.3 The objective of these procedures is to encourage the practical and expeditious resolution of
misconduct issues in the workplace.
G4.4 All parties have an obligation to participate in misconduct processes in good faith.
What is misconduct
G4.5 For the purposes of this section, misconduct includes any of the following:
G4.5.1 The employee fails to meet the obligations set out in section 9 of the PSM Act.
G4.5.2 The employee engages in conduct that the head of service or the public sector
standards commissioner is satisfied may bring, or has brought, the directorate
or the ACTPS into disrepute.
G4.5.3 A period of unauthorised absence and the employee does not offer a satisfactory
reason on return to work.
G4.5.4 The employee is found guilty of, or is convicted of a criminal offence or where
a court finds that an employee has committed an offence but a conviction is
not recorded, taking into account the circumstances and seriousness of the
offence, the duties of the employee and the interests of the ACTPS and the
directorate.
G4.5.5 The employee fails to notify the head of service of criminal charges in
accordance with clause G10 -.
G4.5.6 The employee makes a vexatious or knowingly false allegation against another
employee.
What is serious misconduct
G4.6 Serious misconduct means conduct that is so serious that it may be inconsistent with the
continuation of the employee’s employment with the Territory. Serious misconduct is defined
within the Fair Work Regulations.
G5 - Dealing with Allegations of Misconduct
G5.1 Upon becoming aware of a matter of alleged misconduct the head of service must determine
whether or not the matter needs to be investigated. Where the head of service determines
that investigation is required the head of service must refer the matter to the public sector
standards commissioner for investigation.
G5.2 At any stage of dealing with alleged misconduct the head of service may, in accordance with
clause G6 - do any of the following:
G5.2.1 Re-assign other duties to the employee.
G5.2.2 Transfer the employee to other duties.
G5.2.3 Suspend the employee with pay.
G5.2.4 Suspend the employee without pay where serious misconduct is alleged.
G5.3 In considering the appropriate action under G5.2, the employer should give preference to
retaining the employee in the workplace where possible.
G5.4 Upon receiving a referral in accordance with subclause G5.1 the public sector standards
commissioner must do one of the following:
Page 121 of 260
G5.4.1 Make arrangements for an appropriately trained or experienced person (the
investigating officer) to investigate the alleged misconduct in accordance with
clause G7 -.
G5.4.2 Decline to investigate the matter, or any part of the matter, if the public sector
standards commissioner decides that an investigation will not resolve the matter
and refer it back to the head of service for resolution or further consideration.
G5.5 The public sector standards commissioner may determine that no investigation is necessary
where the employee admits to the alleged misconduct and the employee agrees that there is
no need for an investigation. The employee must fully understand the misconduct they are
admitting to and have their admission statement taken by the public sector standards
commissioner.
G5.6 Where an employee makes an admission in accordance with subclause G5.5 the head of
service may determine the appropriate disciplinary action or sanction in accordance with
clause G9 -. The head of service must ensure that they have sufficient information
concerning the nature and full circumstances of the misconduct, any mitigating factors, and
details of the employee’s prior service record and performance to enable a fair and
reasonable determination under clause G9 - to be made.
G5.7 The public sector standards commissioner may at any time decide to instigate an
investigation of alleged misconduct, in the absence of a referral under subclause G5.1, if
satisfied that the matter warrants investigation.
G5.8 Notwithstanding the provisions of this section, the head of service may summarily
terminate the employment of an employee without notice for serious misconduct as
defined within the Fair Work Regulations.
G6 - Reassignment, Transfer or Suspension
G6.1 This clause applies to all employees.
G6.2 In accordance with subclause G5.2 the head of service may reassign, transfer or suspend an
employee with or without pay where the head of service is satisfied that the action taken is
reasonable and it is in the public interest, the interests of the ACTPS or the interests of the
directorate to do so while the alleged misconduct is being dealt with.
G6.3 Suspension with pay should only be considered where it is inappropriate for the employee
to remain in their current position and reassignment of duties or transfer is not
appropriate. Suspension without pay should only be considered where cases of serious
misconduct is alleged in accordance with G5.2.
G6.4 The requirements under subclauses G6.5, G6.6 and G6.11 also apply in circumstances where
an employee has been reassigned or transferred with pay to other duties following an
allegation of misconduct, to the extent that the employee is no better off financially than if
they had not been reassigned or transferred.
G6.5 The head of service must not reassign, transfer or suspend an employee without first
informing the employee of the reasons for the proposed reassignment, transfer or
suspension and giving the employee the opportunity to be heard. Despite this, the head of
service may suspend an employee first and then give the employee the reasons for the
suspension and an opportunity to be heard, where, in the head of service’s opinion, this is
appropriate in the circumstances.
G6.6 While suspended with pay an employee is paid in accordance with all of the following:
G6.6.1 The employee’s ordinary hourly rate of pay and any higher duties allowances that
would have been paid to the employee for the period they would otherwise have
been on duty.
Page 122 of 260
G6.6.2 Overtime (but not overtime meal allowance) and shift penalty payments where
there is a regular and consistent pattern of extra duty or shift work being
performed over the previous 6 months which would have been expected to
continue but for the suspension from duty.
G6.6.3 Any other allowance or payment (including under an Attraction and Retention
Incentive entered into in accordance with Annex B to this Agreement) of a
regular or on-going nature that is not conditional on performance of duties.
G6.7 Where a decision is made to suspend an employee with pay, no appeal or internal review
of that decision is available.
G6.8 Unless the employee is on authorised leave an employee who is suspended must be
available to attend work and participate in the disciplinary process within 48 hours of
receiving notice.
G6.9 Suspension without pay is usually only appropriate where serious misconduct is alleged or
where the employee is charged with a criminal offence that would in the opinion of the
head of service be incompatible with the continuation of the employee’s employment.
G6.10 A period of suspension with or without pay must not be more than 30 calendar days unless
exceptional circumstances apply.
G6.11 If the period of suspension with or without pay extends beyond 30 calendar days as per
subclause G6.10, the suspension should be reviewed every 30 calendar days unless the
head of service considers that, in the circumstances, a longer period is appropriate.
G6.12 While suspended without pay all of the following apply:
G6.12.1 The employee may apply to the head of service for permission to seek
alternate employment outside the ACTPS for the period of the suspension or
until the permission is revoked. Any such permission given to the employee is
granted on the condition that the employee remains available to attend work
and participate in the disciplinary process as per subclause G6.8.
G6.12.2 In cases of demonstrated hardship, the head of service may determine that the
employee may cash out accrued long service leave and annual leave.
G6.12.3 The employee may apply to the head of service for the suspension to be with
pay on the grounds of demonstrated hardship.
G6.13 An employee suspended without pay and who is later acquitted of the criminal offence
(which is the subject of the allegation(s) of misconduct which caused the employee to be
suspended), or is found not to have been guilty of the misconduct is entitled to both the
following:
G6.13.1 Repaid the amount by which the employee’s pay was reduced.
G6.13.2 Credited with any period of long service or annual leave that was cashed out in
accordance with paragraph G6.12.2.
G6.14 Where an employee is suspended and later found guilty of a criminal offence (whether or
not a conviction is recorded), or is found guilty of misconduct and whose employment is
terminated because of the offence or misconduct, a period of suspension under this clause
does not count as service for any purpose, unless the head of service determines otherwise.
G7 - Investigations
G7.1 The role of the investigating officer is to establish the facts of the allegations and to provide a
report of those facts to the public sector standards commissioner.
G7.2 The investigating officer must do all the following:
G7.2.1 Inform the employee in writing of the particulars of the alleged misconduct, and
details concerning the investigative process.
Page 123 of 260
G7.2.2 Give the employee a reasonable opportunity to respond to allegations, which
the employee may do in writing or at a scheduled interview or in a different
manner as agreed with the investigating officer, before making a finding of
fact.
G7.2.3 For written responses provide the timeframe for response which must be
reasonable under the circumstances.
G7.2.4 If the response includes an interview, provide the employee with at least 24
hours written notice prior to conducting an interview, and advise the
employee if the interview is to be recorded electronically.
G7.2.5 Advise the employee that the employee may have a second person present
during the interview, who may be the employee’s union representative or
other individual acting as support person and must allow reasonable
opportunity for this to be arranged; and provide a record of the interview to
the employee.
G7.2.6 Give the employee an opportunity to supplement the record of an interview with a
written submission, if the employee so chooses.
G7.2.7 As soon as practicable take any further steps considered necessary to establish the
facts of the allegations.
G7.2.8 Provide a written report to the public sector standards commissioner setting out
the investigating officer’s findings of fact.
G7.3 If the employee fails to, or chooses not to, respond to the allegations in accordance with
subclause G7.2 within a reasonable timeframe, the investigating officer must prepare the
report and set out the findings of fact on the information available.
G7.4 The investigating officer’s findings of fact must be made on the balance of probabilities.
G7.5 The head of service must provide access to relevant ACTPS information and communication
technology (ICT) records including email, computer, work phone records, or building access
logs in order for the public sector standards commissioner to establish the facts of the
allegations.
G8 - Findings of misconduct
G8.1 After considering the report from the investigating officer, the public sector standards
commissioner must make a proposed determination on the balance of probabilities as to
whether misconduct has occurred.
G8.2 If the public sector standards commissioner determines that the misconduct has not
occurred, the public sector standards commissioner must notify the employee of this
finding and advise that no sanctions will be imposed.
G8.3 If the public sector standards commissioner makes a proposed determination that
misconduct has occurred, in accordance with subclause G8.1 the public sector standards
commissioner must do all of the following:
G8.3.1 Advise the employee in writing of the proposed determination that misconduct
has been found to have occurred.
G8.3.2 Provide written reasons for arriving at this proposed determination.
G8.3.3 Provide a copy of the investigation report unless this would be inappropriate in the
circumstances.
G8.3.4 Advise the employee of the period during which the employee has to respond
to the proposed determination that misconduct has occurred. This period must
be no less than 14 calendar days.
Page 124 of 260
G8.4 After considering the employee’s response or, if the employee has not responded, at any time
after the period outlined in paragraph G8.3.4 has lapsed, the public sector standards
commissioner must make a final determination as to whether or not misconduct has occurred
and will do the following:
G8.4.1 Inform the employee in writing of the final determination of whether or not
misconduct has occurred; and if the determination is that misconduct has
occurred do both the following:
G8.4.1 (a) Refer the matter to the head of service for consideration of whether
or not disciplinary action is to be taken in accordance with clause G9 -.
G8.4.1 (b) Inform the employee that the matter has been referred to the head of
service in accordance with subparagraph G8.4.1 (a).
G9 - Disciplinary Action and Sanctions
G9.1 This clause applies to circumstances in which one of the following applies:
G9.1.1 The head of service receives a determination from the public sector standards
commissioner in accordance with paragraph G8.4.1.
G9.1.2 An admission is made by the employee under subclause G2.9 and G5.5.
G9.1.3 An employee has been convicted of a criminal offence and the conviction or
finding has adversely affected the interests of the Directorate or the ACTPS under
subclause G10.4.
G9.2 The head of service must consider whether or not disciplinary action is appropriate, and
whether or not one or more of the following sanctions may be taken in relation to the
employee:
G9.2.1 A written reprimand.
G9.2.2 A financial penalty in the form of one or more of the following:
G9.2.2 (a) Reduce the employee’s incremental level.
G9.2.2 (b) Defer the employee’s incremental advancement.
G9.2.2 (c) Impose a fine on the employee.
G9.2.2 (d) Require the employee to fully or partially reimburse the employer for
damage that the employee has wilfully incurred to property or
equipment.
G9.2.3 Transfer the employee temporarily or permanently to another position at level or
to a lower classification level.
G9.2.4 Remove any benefit derived through an existing Attraction and Retention
Incentive.
G9.2.5 Termination of employment.
G9.3 Nothing in this section limits the ability of the head of service to require an employee to
participate in formal remedial programs and sessions aimed at assisting the employee with
addressing the behaviour that was the subject of the misconduct process.
G9.4 In relation to paragraph G9.2.3, if an employee’s classification is reduced as a result of
disciplinary action, service before the demotion is not counted towards an increment for any
higher duties the employee performs after demotion.
G9.5 Sanctions imposed under these procedures must be proportionate to the degree of misconduct
concerned. In determining the appropriate sanction, all the following factors must be
considered:
G9.5.1 The nature and seriousness of the misconduct.
Page 125 of 260
G9.5.2 The degree of relevance to the employee's duties or to the reputation of the
directorate or the ACTPS.
G9.5.3 The circumstances of the misconduct.
G9.5.4 Any mitigating factors, including any full admission of guilt.
G9.5.5 The previous employment history and the general conduct of the employee.
G9.6 If the employee has moved to a new position (other than as a result of a decision in accordance
with clause G5 -) during the course of the misconduct process, the changes in employment
circumstances must be taken into account as appropriate in accordance with paragraph G1.6.1.
G9.7 Unless there are exceptional circumstances, the head of service must within 14 calendar days
of receiving the referral or admission statement from the public sector standards commissioner
under subparagraphs G8.4.1 (a) or G2.10 or G5.6 inform the employee in writing of the
proposed disciplinary action to be taken, if any, and provide the employee with 7 calendar days
to respond.
G9.8 The timeframes stipulated in G9.7 may be extended if the head of service and the public sector
standards commissioner agree that extenuating circumstances warrant the extension.
G9.9 After considering the employee’s response in accordance with subclause G9.7, or if the
employee does not respond, at any time after the 7 calendar days as set out in clause G9.7
have passed, the head of service must make their final decision and inform the employee in
writing of all the following:
G9.9.1 The final decision.
G9.9.2 The disciplinary action to be taken, if any.
G9.9.3 The date of effect and, if relevant, the cessation of any disciplinary action.
G9.9.4 The appeal mechanisms that are available under Section J of this Agreement.
G10 - Criminal Charges
G10.1 An employee must advise the head of service in writing within 48 hours where practicable, but
no longer than 7 calendar days, of any criminal charges laid against the employee in
circumstances where the interests of the directorate or of the ACTPS may be adversely
affected, taking into account all of the following:
G10.1.1 The circumstances and seriousness of the alleged criminal offence.
G10.1.2 The employee’s obligations under section 9 of the PSM Act.
G10.1.3 The effective management of the employee’s work area.
G10.1.4 The integrity and good reputation of the ACTPS and the directorate.
G10.1.5 The relevance of the offence to the employee’s duties.
G10.2 Where criminal charges are laid against an employee and the interests of the directorate or the
ACTPS may be adversely affected, the head of service may suspend the employee in
accordance with the suspension arrangements under clause G6 -.
G10.3 If an employee is found guilty of, or convicted of a criminal offence (including if a non-
conviction order is made) the employee must provide a written statement regarding the
circumstances of the offence to the head of service within 7 calendar days of the conviction or
the finding.
G10.4 Where an employee is convicted of a criminal offence and the conviction or finding has
adversely affected the interests of the directorate or the ACTPS, the head of service may
impose a sanction for misconduct against the employee in accordance with clause G9 -.
Page 126 of 260
G11 - Right of Appeal
G11.1 An employee has the right under Section J to appeal against any finding of misconduct under
clause G8 -, any decision to take disciplinary action or to apply a sanction under clause G9 -,
or against any decision taken under clause G6 - to suspend the employee without pay, or to
transfer the employee at reduced pay, except action to terminate the employee's
employment.
G11.2 An employee may have an entitlement to bring an action under the FW Act in respect of any
decision under this section to terminate the employee's employment. This is the sole right of
review of such a decision.
G11.3 The appeal procedures under Section J apply to the exclusion of the rights of appeal and review
under the PSM Act and the internal review procedures contained in Section I of this
Agreement.
Page 127 of 260
Section H Underperformance
H1 - Introduction
H1.1 All employees have an obligation to exercise the functions of an office in accordance with the
best practice principle. These responsibilities and standards are established in accordance with
Division 2.1 of the PSM Act and the ACT Public Service Code of Conduct and Signature
Behaviours.
H1.2 These provisions for managing cases of unsatisfactory work performance promote the
principles of natural justice and procedural fairness.
H1.3 Any underperformance under the previous enterprise agreement that is not completed as at
the date of commencement of this enterprise agreement will be completed under the previous
enterprise agreement. Any right of appeal from that process will also be set out in the previous
enterprise agreement.
H2 - Underperformance
H2.1 Under this clause, procedures are established for managing underperformance by an
employee.
H2.2 This clause applies to all employees, except casual employees who are not eligible casual
employees. In applying these procedures to officers on probation, temporary employees, or
eligible casual employees, the head of service may determine that procedures and practices
throughout this clause H2 - may be applied on a proportionate basis according to the
circumstances of the case, and in accordance with the principles of procedural fairness and
natural justice.
H2.2.1 If the process is to be applied on a proportionate basis in accordance with
this subclause the content of that process, along with any estimated
timeframes, must be communicated to the employee when the process
commences.
H2.3 The objectives of these procedures are to do both the following:
H2.3.1 Provide advice and support to an employee whose performance is below the
standard required.
H2.3.2 Provide a fair, prompt and transparent framework for action to be taken where
an employee continues to perform below expected standard.
Underperformance discussions
H2.4 Consistent with good management practice, concerns about underperformance should be
raised by the manager or supervisor with the employee at the time that the concerns arise or
are identified. The manager or supervisor should offer advice and support to the employee to
overcome these concerns. The manager or supervisor should inform the employee that the
underperformance procedures in subclause H2.7 to subclause H2.20 might be invoked if the
underperformance continues.
H2.5 In order to ensure that these procedures operate in a fair and transparent manner, the
manager or supervisor is responsible for documenting all relevant discussions. This includes
making a record of all relevant discussions under this clause, to be signed by both the
manager or supervisor and the employee. The employee must be given the opportunity to
comment on any records before signing them. In circumstances where the employee refuses
to sign such a record, the refusal must be noted on the relevant record.
H2.6 All parties have an obligation to participate in underperformance processes in good faith.
Underperformance process
Step One: Action Plan
Page 128 of 260
H2.7 Where a manager or supervisor assesses that an employee’s work performance is
demonstrated as being below expected standards after having previously discussed concerns
with the employee in line with subclause H2.4, the manager or supervisor must inform the
employee in writing of this assessment and the reasons for it. The employee must be invited
by the manager or supervisor to provide written comments on this assessment, including any
reasons that in the employee’s view may have contributed to their recent work performance.
H2.8 After taking into account the comments from the employee, the manager or supervisor must
prepare an action plan in consultation with the employee.
H2.9 The manager or supervisor must invite the employee to have a support person, who may
be the employee’s union or other employee representative, present at discussions to
develop the action plan and must allow reasonable opportunity for this to be arranged.
H2.10 The action plan must provide all of the following:
H2.10.1 Identify the expected standards of work required of the employee on an on-
going basis.
H2.10.2 Identify any learning and development strategies that the employee should
undertake.
H2.10.3 Outline the potential underperformance actions that may be taken if the
employee does not meet the expected standards.
H2.10.4 Specify the action plan period, which should not normally be less than one
month and should not exceed 6 months to allow the employee sufficient
opportunity to achieve the expected standard.
H2.10.5 Specify the assessment criteria to be measured within the action plan period.
H2.11 Any current performance agreement must be suspended during the period of the action
plan. Any incremental advancement action for the employee must be suspended during the
action plan period.
Step Two: Regular Assessment
H2.12 During the action plan period, the manager or supervisor must make regular written
assessments (desirably every fortnight) of the employee’s work performance under the action
plan. The employee must be given an opportunity to provide written comments on these
assessments.
H2.13 If the manager or supervisor considers that further assessment time is needed the manager
or supervisor may extend the action plan period. However, the extended assessment time
must not result in the action plan exceeding 6 months’ duration. The manager or supervisor
must inform the employee in writing of the decision to extend the assessment time and the
duration of the action plan.
Step Three: Final Assessment Report
H2.14 If at the end of the action plan period, the manager or supervisor assesses the work
performance of the employee as satisfactory, no further action can be taken under these
procedures at that time. The manager or supervisor must inform the employee in writing of
this decision.
H2.15 If at the end of the action plan period, the manager or supervisor assesses the work
performance of the employee as not satisfactory, the manager or supervisor must provide a
report including the assessment and reasons for the assessment to the head of service.
Step Four: Underperformance Action
H2.16 The head of service must advise the employee in writing of all the following:
H2.16.1 The assessment and reasons for the manager's or supervisor’s assessment.
Page 129 of 260
H2.16.2 The underperformance action(s) (subclause H2.17) proposed to be taken and
the reasons for proposing this action.
H2.16.3 The employee’s right to respond in writing to the proposed action within a
period of not more than 7 calendar days.
H2.17 At any time after 7 calendar days from the date the head of service advised the employee
under subclause H2.16, and after considering any response from the employee, the head of
service may decide to take one or more of the following underperformance actions:
H2.17.1 Transfer the employee to other duties (at or below current pay).
H2.17.2 Defer the employee’s incremental advancement.
H2.17.3 Reduce the employee’s incremental point.
H2.17.4 Temporarily or permanently reduce the employee’s classification and pay.
H2.17.5 Remove any benefit derived through an existing Attraction and Retention
Incentive.
H2.17.6 Terminate the employee’s employment.
H2.18 If an employee’s incremental point is reduced in accordance with paragraph H2.17.3, or the
employee’s classification is permanently reduced in accordance with paragraph H2.17.4 the
date the sanction takes effect will become the new anniversary date for the purpose of
future incremental advancement. Any higher duties worked prior to the date of sanction do
not count towards incremental advancement at a higher level.
H2.19 The head of service must inform the employee in writing of the decision made under subclause
H2.17, the reasons for the decision and the appeal mechanisms available under this
Agreement.
H2.20 At any time in these procedures, the employee may elect to be retired on the grounds of
inefficiency.
H3 - Appeal Rights
H3.1 The employee has the right under Section J to appeal any underperformance action taken
under subclause H2.17, except action to terminate the employee’s employment.
H3.2 The employee may have an entitlement to bring an action under the FW Act in respect of
any termination of employment under this Agreement. This is the sole right of review of
such an action.
Page 130 of 260
Section I Internal Review Procedures
I1 - Objectives and Application
I1.1 Under this section, procedures are established for employees to seek a review of management
actions that affect their employment with the ACTPS.
I1.2 The procedures in this section promote the values and general principles of the ACTPS and
account for the principles of natural justice and procedural fairness.
I1.3 These procedures apply to all employees covered by this Agreement.
I1.4 For the purposes of this section, an action includes a decision and a refusal or failure to make a
decision.
I2 - Decisions and Actions Excluded
I2.1 All the following decisions and actions are excluded from the rights of an employee to seek a
review under procedures set out in this section:
I2.1.1 Actions regarding the policy, strategy, nature, scope, resourcing or direction of the
ACTPS and agencies (see clause F1 - of this Agreement for consultation on these
actions).
I2.1.2 Actions arising under Commonwealth or ACT legislation that concern domestic or
international security matters.
I2.1.3 Actions regarding superannuation (see relevant superannuation legislation for
complaints and appeals on these actions, in particular the Superannuation Industry
(Supervision) Act 1993).
I2.1.4 Actions regarding workers' compensation (see the Safety, Rehabilitation and
Compensation Act 1988 for reviews and appeals on these actions).
I2.1.5 Decisions to terminate the appointment of an officer on probation.
I2.1.6 Decisions on classification of an office (see clause D3 - of this Agreement for
reviews on classifications).
I2.1.7 Any action to which the employee has an appeal or review right under J6.2 of this
Agreement.
I2.1.8 Any action to which the employee has an appeal right under subclause J1.3 of this
Agreement.
I2.1.9 Any action arising from the preliminary assessment process under clause G2 -.
I2.1.10 Actions arising from the misconduct procedures of this Agreement.
I2.1.11 Actions arising from the underperformance procedures of this Agreement.
I2.1.12 Any decisions under subclauses G5.1, G5.4 and G5.7 of this Agreement.
I2.1.13 Any decisions under subclause J2.2 of this Agreement.
I2.1.14 Actions regarding the setting of rates of pay or conditions of employment
under an award or agreement made under the FW Act, or under the PSM Act
or the PSM Standards (this includes an Attraction and Retention Incentive
(ARINs) or a pre FW Act Australian Workplace Agreement (AWA).
I2.1.15 Decisions to appoint or not appoint a person as an officer to a vacant position.
I2.1.16 Decisions that another officer perform the duties of a higher office or role for
periods up to and including 6 months.
Page 131 of 260
I2.1.17 Decisions to transfer another employee or promote another officer to an
advertised vacancy where the officer or employee seeking the review was not an
applicant.
I2.1.18 Actions arising from the internal review procedures or appeal panel
procedures of this Agreement, including the review and appeals procedures
under J6.2 of this Agreement.
I3 - Initiating a Review
I3.1 An employee should first discuss their concerns about an action or decision with the relevant
decision-maker with a view to resolving the matter within the workplace before initiating a
review under these procedures.
I3.2 An employee, or the employee’s union or other employee representative on the employee’s
behalf, has the right to apply for a review of any action or decision that directly affects the
employee’s employment, unless the action or decision is specifically excluded under this
section.
I3.3 An employee, or the employee’s union or other employee representative on the employee’s
behalf, may initiate a review under this Section by making an application to the head of service
in accordance with all of the following:
I3.3.1 It is in writing.
I3.3.2 It is made no more than 28 calendar days after the employee was advised of the
decision that is the subject of the application for review, unless the head of service
agrees that extenuating circumstances exist.
I3.3.3 It identifies the action or decision or both to which the employee seeks a review
of.
I3.3.4 It does not concern a decision or action that is excluded under subclause I2.1.
I3.3.5 It identifies the reasons the review is sought including, in the employee’s view, the
effect(s) that the action or decision has or is having on the employee’s
employment.
I3.3.6 It outlines the extenuating circumstances, if any, where the application is made
outside the timeframe specified in paragraph I3.3.2.
I3.3.7 It describes the outcome sought.
I3.4 If the review relates to a failure or refusal to make a decision in accordance with subclause I1.4,
the 28 day time period outlined in paragraph I3.3.2 is taken to commence on the day it was
apparent that there was a failure or refusal to make a decision.
I3.5 The head of service must, provided that the requirements under subclause I3.3 have been met,
refer the matter for review in accordance with clause I4 -.
I4 - Review Process
I4.1 Notwithstanding subclause I3.5, where appropriate, and agreed by the employee who made
the application under clause I3.3 (for the purposes of this Section I “the applicant”), or the
applicant’s union or other employee representative on the applicant’s behalf, the head of
service must consider mediation as an option before arranging for a review under subclause
I4.3. The mediator must be agreed between the applicant and the head of service.
I4.2 In the event that mediation does take place and that it resolves the issues raised in the
application, then no further action is required under these procedures. In that event a formal
written statement that the issue has been resolved must be signed by the applicant and the
head of service.
Page 132 of 260
I4.3 Subject to subclauses I3.5, I4.1 and I4.2, the head of service must arrange for an application
made under clause I3.3 to be reviewed by an independent person (the reviewer) who may be
one of the following:
I4.3.1 A suitably skilled person who was not involved in the original action.
I4.3.2 A person chosen from a panel of providers.
I4.4 The reviewer must be provided with all relevant information and evidence that was available
to the delegate in the making of the original decision or in taking the original action.
I4.5 The reviewer may recommend to the head of service that an application should not be
considered on any of the following grounds:
I4.5.1 The application concerns a decision or action that is excluded under subclause
I2.1.
I4.5.2 The applicant has made an application regarding the decision or action to a court
or tribunal, or where the reviewer believes it is more appropriate that such an
application be made.
I4.5.3 The reviewer believes on reasonable grounds that the application is any of the
following:
I4.5.3 (a) Frivolous or vexatious.
I4.5.3 (b) Misconceived or lacks substance.
I4.5.3 (c) Should not be heard for some other compelling reason.
I4.6 The head of service must either confirm a recommendation made by the reviewer under
subclause I4.5 that an application should not be considered or arrange for another reviewer
to consider the application.
I4.7 The head of service must inform the applicant in writing, within 14 calendar days of the date
of any decision under subclause I4.6, including, the reasons for any decision not to consider
the application.
I4.8 If the reviewer does not make a recommendation under subclause I4.5, then the reviewer must
conduct a procedural review on the papers to determine all of the following:
I4.8.1 Whether it was open to the head of service to take the action that they did.
I4.8.2 Whether the principles of procedural fairness and natural justice were complied
with in taking the original action.
l4.8.3 Whether the final decision of the head of service was fair and equitable in all of
the circumstances. If the reviewer has any doubt over the reliability or validity of
the information, evidence or processes used in making the original decision or
action, or that significant information or evidence was not considered in the
making of the original decision or action, the reviewer must inform the head of
service of that doubt and the reasons for it in the written report in accordance
with I4.9.
I4.9 After reviewing any action or decision the reviewer must, subject to subclause I4.13, make a
written report to the head of service recommending one of the following:
I4.9.1 The original decision or action be confirmed.
I4.9.2 The original decision or action be varied.
I4.9.3 Other action be taken.
I4.10 A copy of the report under subclause I4.9 must be provided to the applicant and the
applicant must be given the opportunity to provide a response. The applicant may respond to
any aspects of the report. Such a response must be in writing and be provided to the head of
service within 14 calendar days of the applicant receiving the report.
Page 133 of 260
I4.11 The head of service, after considering the report from the reviewer and any response from the
applicant to the report of the reviewer, may do one of the following:
I4.11.1 Confirm the original action.
I4.11.2 Vary the original action.
I4.11.3 Take any other action the head of service believes is reasonable.
I4.12 The head of service must inform the applicant in writing, within 14 calendar days of the date
of any decision under subclause I4.11, including the reasons for the action.
Review of head of service decisions
I4.13 Where the subject of the application is an action or decision of the head of service or the
director-general (in person) as the delegate of the head of service, the written report of the
reviewer must be made to the public sector standards commissioner. A copy of this report
must be provided to the applicant.
I4.14 The public sector standards commissioner may, after considering the report from the reviewer,
recommend to the head of service one of the following:
I4.14.1 The original action be confirmed.
I4.14.2 The original action be varied.
I4.14.3 Other action be taken that the public sector standards commissioner believes is
reasonable.
I4.15 The head of service or the director-general (in person) as the delegate of the head of
service, after considering the report from the public sector standards commissioner, may
do one of the following:
I4.15.1 Accept any or all of the report’s recommendation(s) and take such action as
necessary to implement the recommendation(s).
I4.15.2 Not accept the report’s recommendation(s) and confirm the original action.
I4.16 If the head of service or the director-general (in person) as the delegate of the head of
service does not accept any one of the recommendation(s) of the public sector standards
commissioner under subclause I4.14, they must do both the following:
I4.16.1 Provide written reasons to the public sector standards commissioner for not
accepting the recommendation(s).
I4.16.2 Provide the applicant, within 14 calendar days, with written reasons for not
accepting the recommendation(s).
I4.17 If the head of service or the director-general (in person) as the delegate of the head of
service does not accept any one of the recommendation(s) of the public sector standards
commissioner under subclause I4.14, the public sector standards commissioner must
report on this outcome.
I5 - Right of External Review
I5.1 The applicant, or the applicant’s union or other employee representative on the employee’s
behalf, may seek a review of a decision or action under subclause I4.11 or subclause I4.15
by an external tribunal or body, including the FWC.
I5.2 The FWC is empowered to resolve the matter in accordance with the powers and functions set
out in clause F6 - of this Agreement. The decision of the FWC is binding, subject to any rights of
appeal against the decision to a Full Bench of the FWC in accordance with clause G6.14.
Page 134 of 260
Section J Appeal Mechanism for Misconduct, Underperformance and Other Matters
J1 - Objective and Application
J1.1 This section sets out an appeal mechanism for an employee where the employee (referred
to in this section as “the appellant”) is not satisfied with the outcome of decisions described
in the following clause.
J1.2 The head of service must nominate a person, or position, to be the Convenor of Appeals
(“the Convenor”).
J1.3 This appeal mechanism applies to all the following decisions:
J1.3.1 Decisions to suspend the employee without pay under clause G6 - of this
Agreement.
J1.3.2 Decisions relating to findings of misconduct under clause G8 -, provided that
such and appeal can only be made after a decision about disciplinary action
under clause G9 - has been made, except a decision to terminate the
employee’s employment.
J1.3.3 Decisions to take disciplinary action under subclause G9 - of this Agreement,
except a decision to terminate the employee’s employment.
J1.3.4 Decisions to take underperformance action under subclause H2.17 of this
Agreement, except a decision to terminate the employee’s employment.
J1.3.5 Decisions taken in relation to an employee’s eligibility for benefits under
clauses L6 - of this Agreement and the amount of such benefits, the amount
payable by way of income maintenance under clause L10 -, and the giving
of a notice of involuntary redundancy under clause L9 -.
J1.3.6 Any other decision that is subject to appeal under the PSM Act.
J1.4 In relation to appeals about misconduct findings and disciplinary action in accordance with
subclause J1.3.2 and subclause J1.3.3, only one application for appeal can be made in
relation to the same misconduct matter. The application must state which one of the
following the application relates to:
J1.4.1 The finding of misconduct under clause G8 -.
J1.4.2 The disciplinary action under clause G9 -.
J1.4.3 Both the finding of misconduct under clause G8 - and the disciplinary action
under clause G9 -.
J1.5 An employee may have an entitlement to bring an action under the FW Act in respect of
any termination of employment under this Agreement. This is the sole right of review of
such an action.
J2 - Initiating an Appeal
J2.1 The appellant, or the appellant’s union or other employee representative on the appellant’s
behalf, may initiate an appeal under these procedures by making an application to the
Convenor in accordance with all of the following:
J2.1.1 It is in writing.
J2.1.2 It describes the decision or action taken or to be taken, the reasons for the
application and the outcome sought.
J2.1.3 It is received by the Convenor within 14 calendar days of being notified, or the
appellant becoming aware, of the decision to take the action.
J2.1.4 It seeks to appeal an appellable decision as set out in subclause J1.3.
Page 135 of 260
J2.2 Notwithstanding any other provisions in this section, the Convenor has the authority to
dismiss an appeal if the appellant obstructs, unreasonably delays or fails to co-operate with
the process.
J3 - Independent Appeal Members
J3.1 The public sector standards commissioner must keep a list of approved independent appeal
members.
J3.2 Where an application is received by the Convenor in accordance with the requirements set
out in subclause J2.1 and subclause J2.2 the Convenor must select a person from the
approved list of independent appeal members to conduct a single member determinative
appeal.
J4 - Powers and Role of the Independent Appeal Member
J4.1 In considering an application, the independent appeal member must have due regard to the
principles of natural justice and procedural fairness. Proceedings of the appeal are to be
conducted as quickly as practicable and consistent with a fair and proper consideration of the
issues.
J4.2 The Convenor must invite the appellant to have a support person, who may be the
appellant’s union or other employee representative, present at any meetings held between
the independent appeal member and the appellant and must allow reasonable opportunity
for this to be arranged.
J4.3 The independent appeal member must be provided with all relevant information and
evidence that was available to the decision-maker in the making of the original decision or in
taking the original action.
J4.4 The independent appeal member has the discretion to decide not to conduct a review of the
appeal application, or, if it has commenced reviewing the application, to decide not to
proceed further if the independent appeal member believes any of the following apply:
J4.4.1 The application is frivolous or vexatious, or not made in good faith.
J4.4.2 The appellant making the appeal may apply to another person or authority
about the application who may more appropriately deal with the application.
J4.4.3 Further review of the application is not warranted.
Conducting an appeal
J4.5 Where the independent appeal member determines that an application for appeal should
proceed, the independent appeal member must conduct a procedural review on the papers
provided under subclause J4.3 to determine whether all of the following apply:
J4.5.1 It was open to the head of service to take the action they did.
J4.5.2 The principles of procedural fairness and natural justice were complied with in
taking the original action or decision.
J4.5.3 The final decision of the head of service, the Public Sector Standards
Commissioner or both was appropriate in all of the circumstances.
J4.6 Where the independent appeal member is satisfied that a fundamental piece of evidence was
not considered in the original process, the independent appeal member may request that the
Convenor refer the matter back to the head of service, Public Sector Standards Commissioner
or both for further investigation.
J4.7 The head of service or Public Sector Standards Commissioner, after considering the referral
from the Convenor under subclause J4.6, must do one of the following:
J4.7.1 As soon as possible, arrange for a further investigation to be conducted, in line
with the referral of the Convenor, and must provide any further information,
Page 136 of 260
evidence or outcomes of the further investigation to the independent appeal
member in order that they may complete their review.
J4.7.2 Provide written reasons to the independent appeal member, within 14 calendar
days, for not accepting their referral for further investigation.
J4.8 After reviewing any application under this section, the independent appeal member must,
subject to subclause J4.6, make a determination of the appeal and do one of the following:
J4.8.1 Confirm the original decision.
J4.8.2 Vary the original decision.
J4.8.3 Prescribe that other action be taken.
J4.9 The independent appeal member must provide a report to the Public Sector Standards
Commissioner and the head of service which must include the determination and the
reasons for the determination. A copy of the report must also be provided to the
appellant.
J5 - Costs
J5.1 The Territory are not liable for any costs associated with representing an appellant in these
procedures.
J6 - Right of External Review
J6.1 The employee, or the employee’s union or other employee representative on the employee’s
behalf, may seek a review by the FWC of a decision under subclause J4.8.
J6.2 The FWC is empowered to resolve the matter in accordance with the powers and functions set
out in clause F6 - of this Agreement. The decision of the FWC is binding, subject to any rights of
appeal against the decision to a Full Bench in accordance with subclause F6.14.
Page 137 of 260
Section K Appeal and Process Reviews of certain recruitment decisions
K1 - Application
K1.1 Under this section, procedures are established for officers to seek a review of recruitment
processes or appeal certain recruitment decisions.
K1.2 These procedures for appeals and reviews account for the principles of procedural
fairness and natural justice in this context.
K1.3 For the purposes of this section, an action includes a decision and a refusal or failure to
make a decision.
K1.4 Decisions made by Joint Selection Committees in accordance with clause B4 - cannot be
reviewed or appealed.
K2 - Appeals about Promotions and Temporary Transfer to Higher Office
K2.1 The head of service must nominate a person, or position, to be the Convenor of Appeals (“the
Convenor”), which may or may not be the same person, or position, nominated under
subclause J1.2.
K2.2 This appeal mechanism applies to both the following:
K2.2.1 Decisions about promotion or temporary transfer to a higher office or role (for
periods in excess of 6 months) affecting the officer where the officer was an
applicant for the position, except decisions made on the unanimous
recommendation of a joint selection committee (see PSM Act and PSM Standards).
K2.2.2 Decisions to promote an officer after acting for a period of 12 months or more in a
position at or below Administrative Services Officer Class 6 (or equivalent
classification).
K2.3 For the purposes of subclause K2.2, an appeal may only be made in relation to promotions or
temporary transfer to a higher office or role where the pay applicable is any classification with
a maximum pay that is less than the minimum pay of a classification equivalent to a Senior
Officer Grade C, or unless otherwise specified in the PSM Act. For positions above
Administrative Services Officer Class 6 (or equivalent classification) an application may be made
for a process review in accordance with clause K3 - of this Agreement.
K2.4 For the purposes of paragraph K2.2.2, any suitably qualified officer may appeal the decision.
K2.5 For appeals concerning promotion or transfer to a higher office or role under subclause K2.2,
the only ground on which the independent appeal member can review the decision is that
the officer making the appeal would be more efficient in performing the duties of the
position than the person promoted or selected for temporary transfer.
Initiating an appeal
K2.6 An officer (“the appellant” for the purposes of this section) or the appellant’s union or other
employee representative on the appellant’s behalf, may initiate an appeal under these
procedures by making an application to the Convenor in accordance with all of the following:
K2.6.1 It is in writing.
K2.6.2 It is received by the Convenor within 14 calendar days of the decision to take the
action being notified in the Gazette. For decisions relating to the temporary
transfer to a higher office or role for periods in excess of 6 months that are not
required to be notified in the gazette, it is received by the Convenor within 14
calendar days of the applicant being notified or becoming aware of the outcome
of the process.
K2.6.3 It seeks to appeal an appellable decision as set out in subclause K2.2.
Page 138 of 260
K2.7 Notwithstanding any other provisions in this section, the Convenor has the authority to
dismiss an appeal if the appellant obstructs, unreasonably delays or fails to co-operate with
the process.
Independent Appeal Members
K2.8 Where an application is received by the Convenor in accordance with the requirements set out
in subclause K2.6, subject to subclause K2.7 the Convenor must select a person from the
approved list of independent appeal members held by the Public Sector Standards
Commissioner to conduct a single member determinative appeal.
Independent Appeal Member Recommendations
K2.9 After reviewing an application about promotion or temporary transfer to a higher office or role
affecting the appellant, the independent appeal member must recommend to the head of
service to do one of the following with regard to the decision that is the subject of the
application:
K2.9.1 Confirm the original decision.
K2.9.2 Vary the original decision.
K2.9.3 Prescribe that other action be taken.
K2.10 The head of service must inform the appellant and affected parties in writing of their decision
and the reasons for the decision, within 28 calendar days.
K3 - Process Review
K3.1 An officer may seek a review of the process leading up to a decision about any of the following:
K3.1.1 Decisions that another officer perform the duties of a higher office or role (with
a pay less than that of a Senior Officer Grade C or equivalent classification) for
periods greater than 6 months if the vacancy was advertised.
K3.1.2 Decisions to promote or not promote an officer.
K3.1.3 Decisions to appoint or not appoint an employee, or to engage or not engage an
employee, on a temporary contract.
K3.1.4 Decisions to transfer, or not to transfer, an employee.
K3.1.5 Decisions under the PSM Standards to promote an officer after acting for a period
of 12 months or more in a position above Administrative Services Officer Class 6 or
equivalent classification.
K3.2 The findings of a review under this clause do not alter the outcome of the original decision, but
may be used to inform similar processes conducted in the future, or address any failings on the
part of employees involved in the process under review.
Initiating a review
K3.3 An officer (“the applicant” for the purposes of this section), or the applicant’s union or other
employee representative on the applicant’s behalf, may initiate a review under these
procedures by making an application to the head of service in accordance with all of the
following:
K3.3.1 It is in writing.
K3.3.2 It describes how the applicant believes the process was not conducted properly
and provides reasons for this.
K3.3.3 It is received by the head of service within 14 calendar days of the employee being
advised of the decision, or becoming aware of the decision.
K3.3.4 It seeks to review a reviewable process as set out in subclause K3.1.
Page 139 of 260
Conducting a process review
K3.4 Subject to subclause K3.3 the head of service must arrange for an application to be reviewed
by an independent person (the reviewer) who may be one of the following:
K3.4.1 A suitably skilled person who was not involved in the original action.
K3.4.2 A person chosen from a panel of providers.
K3.5 The independent reviewer must be provided with all relevant information and evidence that
was available to the decision-maker in the making of the original decision.
K3.6 The reviewer must make an assessment whether relevant processes contained in this
Agreement, the PSM Act and PSM Standards were followed, and to what extent.
K3.7 After reviewing the information and evidence provided under subclause K3.5, the independent
reviewer must provide a report to the head of service, which does one of the following:
K3.7.1 Confirms that the process was conducted in accordance with the provisions of this
Agreement, the PSM Act, and PSM Standards.
K3.7.2 Finds that there were deficiencies in the process. Such findings must be
supported by reasons and the report may include recommendations for how
similar processes may be conducted in future.
Page 140 of 260
Section L Redeployment and Redundancy
L1 - Definitions
L1.1 Excess officer means an officer who has been notified in writing by the head of service that
they are excess to an ACTPS directorate's requirements because one of the following
applies:
L1.1.1 The officer is included in a class of officers employed in an ACTPS directorate,
which class comprises a greater number of officers than is necessary for the
efficient and economical working of the directorate.
L1.1.2 The services of the officer cannot be effectively used because of technological or
other changes in the work methods of the relevant directorate or changes in the
nature, extent or organisation of the functions of the relevant directorate.
L1.2 Potentially excess officer means an officer who is formally notified they are likely to become an
excess officer in a foreseeable space of time.
L2 - Application
L2.1 The ACTPS recognises the need to make the most effective use of the skills, abilities and
qualifications of its officers in a changing environment. When positions become excess, the
relevant directorate must seek to redeploy permanent officers within the directorate or the
ACTPS in order to avoid or minimise an excess officer situation. Should redeployment not be
possible, voluntary redundancy, reduction in classification and involuntary redundancy must
be considered in that order. Throughout these procedures the relevant directorate must,
where practicable, take into consideration the personal and career aspirations and family
responsibilities of affected officers.
L3 - Consultation
L3.1 Where it appears to the head of service that a position is likely to be either potentially excess
or excess to an ACTPS directorate's requirements, and prior to any individual officer(s) being
identified, the head of service must, at the earliest practicable time, advise and discuss with the
union(s), the following issues (as appropriate in each case):
L3.1.1 The number and classification of officers in the part of the directorate affected.
L3.1.2 The reasons an officer is or officers are likely to be excess to requirements.
L3.1.3 The method of identifying officers as excess, having regard to the efficient and
economical working of the relevant directorate and the relative efficiency of
officers.
L3.1.4 The number, classification, location and details of the officers likely to be excess.
L3.1.5 The number and classification of officers expected to be required for the
performance of any continuing functions in the part of the directorate affected.
L3.1.6 Measures that could be taken to remove or reduce the incidence of officers
becoming excess.
L3.1.7 Redeployment prospects for the officers concerned.
L3.1.8 The appropriateness of using voluntary retirement.
L3.1.9 Whether it is appropriate for involuntary retirement to be used if necessary.
L3.2 The discussions under subclause L3.1 must take place over such time as is reasonable, taking
into account the complexity of the restructuring and need for potential excess officer situations
to be resolved quickly and must comply with the consultation requirements of F1 -. Any use of
involuntary redundancy must be agreed between the head of service and the union(s) at this
Page 141 of 260
stage and must not be used without the written agreement of the head of service and the
union(s).
L3.3 The head of service must comply with the notification and consultation requirements for
union(s) and Centrelink about terminations set out in the FW Act.
L3.4 The head of service must, at the first available opportunity, inform all officers likely to be
affected by an excess staffing situation of the terms and operation of this section.
L3.5 Where a redundancy situation affects a number of officers engaged in the same work at the
same level, elections to be made voluntarily redundant may be invited.
L3.6 Nothing in this Agreement prevents the head of service inviting officers who are not in a
redundancy situation to express interest in voluntary redundancy, where such redundancies
would permit the redeployment of potentially excess and excess officers who do not wish to
accept voluntary redundancy.
L4 - Notification
L4.1 Except where a lesser period is agreed between the head of service and the officer, the
officer must not, within one month after the union(s) has been advised under subclause L3.1
be invited to volunteer for retirement nor be advised in writing in accordance with subclause
L4.4 that the officer is excess to the relevant directorate's requirements.
Potentially excess officers
L4.2 At the point where individual employees can be identified, the head of service must advise
the officer(s) that a position(s) is likely to become excess and that the employee may be
affected. In that advice the officer(s) must also be advised that the officer may be
represented by a union or other employee representative at subsequent discussions. The
head of service must discuss with the officer(s) and, where chosen, the union or other
employee representative(s) the issues dealt with in paragraphs L3.1.1through L3.1.9 (as
appropriate in each case).
L4.3 Potentially excess officers who have not been invited to be voluntarily retired, or who have
declined to elect to be voluntarily retired, are subject to the redeployment provisions in
clause L4.6.
Excess officers
L4.4 Subject to subclause L4.1the notification of an officer’s excess status may only be given when
the consultation required under clause L3 - and the consultation required under subclause
L4.2 has taken place. Following such consultation, where the head of service is aware that an
officer is excess, the head of service must advise the officer in writing.
L4.5 An excess officer is subject to the redeployment provisions in subclause L4.6.
L4.6 An excess officer who is offered a voluntary redundancy, but who does not accept the offer, is
entitled to a 7 month retention period in accordance with paragraph L6.10.3.
L5 - Redeployment
L5.1 Redeployment of potentially excess and excess officers must be in accordance with the officer’s
experience, ability and, as far as possible, the officer’s career aspirations and wishes.
L5.2 Once an officer has been notified that they are potentially excess or excess in accordance with
subclause L4.2 and subclause L4.4 respectively, the officer must be registered by their
directorate on the redeployment register.
L5.3 The head of service must consider a potentially excess or excess officer from other ACT Public
Service agencies in isolation for vacancies at the officer’s substantive level.
L5.4 An excess officer (or potentially excess) has absolute preference for transfer to positions at
the officer’s substantive level and must be considered in isolation from other applicants for
Page 142 of 260
any vacancy, which is to be advertised for permanent filling or for a temporary period of 6
months or more, within the ACTPS. For the purposes of this clause substantive level means
the same classification or an alternative equivalent classification in another classification
stream where the maximum pay does not exceed the top increment of the officer’s current
classification by more than 10%. For clarity this does not allow for the transfer of an officer
within the same classification stream e.g a SOG B to transfer to a SOG A.
L5.5 Under this clause an excess officer must be given preference over a potentially excess officer.
L5.6 An excess officer need only be found suitable, or suitable within a reasonable time
(generally 3 to 6 months) to be transferred to a position in accordance with subclause L5.4.
L5.7 The head of service must make every effort to facilitate the placement of an excess officer,
within the service.
L5.8 The head of service must arrange reasonable training that would assist the excess officer’s
prospects for redeployment.
L5.9 The head of service must provide appropriate internal assistance and career counselling
and assist as necessary with the preparation of job applications.
L6 - Voluntary Redundancy
L6.1 Subject to subclause L4.1, at the completion of the discussions in accordance with clause L3 -,
the head of service may invite officers to elect to be made voluntarily redundant under this
clause.
L6.2 Where the head of service invites an officer to elect to be made voluntarily redundant, the
officer must be provided a consideration period of a maximum of one month from the date of
the offer in which to advise the head of service of the officer’s election, and the head of service
must not give notice of redundancy before the end of the one month consideration period.
L6.3 To allow an officer to make an informed decision on whether to submit an election to be made
voluntarily redundant, the head of service must provide the officer with advice on all of the
following:
L6.3.1 The sums of money the officer would receive by way of severance pay, pay
instead of notice, and paid up leave credits.
L6.3.2 The career transition and development opportunities within the ACTPS.
L6.4 The officer should seek independent advice on all of the following:
L6.4.1 The amount of accumulated superannuation contributions.
L6.4.2 The options open to the officer concerning superannuation.
L6.4.3 The taxation rules applicable to the various payments.
L6.5 The relevant directorate must supplement the costs of independent, accredited financial
counselling incurred by each officer who has been offered voluntary redundancy up to a
maximum of $1000. The head of service must authorise the accredited financial counsellors to
invoice the relevant directorate directly.
L6.6 Subject to subclause L6.7, where the head of service approves an election to be made
redundant and gives the notice of retirement in accordance with the PSM Act, the period of
notice is one month, or 5 weeks if the officer is over 45 years old and has completed at least 2
years continuous service.
L6.7 Where the head of service so directs, or the officer so requests, the officer will be retired at
any time within the period of notice under subclause L6.6, and the officer must be paid in
lieu of pay for the unexpired portion of the notice period.
Severance benefit
Page 143 of 260
L6.8 An officer who elects to be made redundant in accordance with this clause is entitled to be paid
the greater of the following amounts:
L6.8.1 An amount equal to 2 weeks of the officer’s pay for each completed year of
continuous service, plus a pro rata payment for completed months of continuous
service since the last year of continuous service. The maximum sum payable under
this paragraph is 48 weeks’ pay.
L6.8.2 An amount equal to 26 weeks of the officer’s pay.
L6.9 For the purpose of calculating any payment instead of notice or part payment, the pay an
officer would have received had they been on annual leave during the notice period, or the
unexpired portion of the notice period as appropriate, is used.
L6.10 For the purpose of calculating payment under subclause L6.8 all the following apply:
L6.10.1 If an officer has been acting in a higher position for a continuous period of at
least 12 months immediately preceding the date on which they receive a
notice of retirement, the pay level is the officer’s pay in the higher position at
that date.
L6.10.2 If an officer has, during 50% or more of pay periods in the 12 months
immediately preceding the date on which they receive a notice of retirement,
been paid a loading for shift-work or are paid a composite pay, the weekly
average amount of shift loading received during that 12 month period is counted
as part of "weeks pay".
L6.10.3 The inclusion of other allowances, being allowances in the nature of pay, will be
subject to the approval of the head of service.
L6.10.4 Redundancy pay will be calculated on a proportionate basis where the employee
has worked part-time hours during the period of service and the employee has less
than 24 years full-time service.
L7 - Retention Period for Excess Officers
L7.1 An excess officer who does not accept voluntary redundancy is entitled to a 7 month retention
period.
L7.2 The retention period will commence on one of the following days:
L7.2.1 On the day the officer is advised in writing by the head of service that the
officer is an excess officer.
L7.2.2 In the case of an officer who is invited by the head of service to submit an
election to be retired - one month after the day on which the election is
invited.
L7.3 At the end of the retention period, if the officer has not been redeployed, the officer must be
offered a choice of the following:
L7.3.1 A suitable vacant position at the officer’s substantive level, to be transferred to in
accordance with the PSM Act.
L7.3.2 Retirement from the ACTPS with a severance payment which is the equivalent to
what the officer would have received had the officer accepted the voluntary
redundancy, less the amount of salary that the officer received during the
retention period.
L7.4 To be transferred to a suitable position in accordance with paragraph L7.3.1 an excess officer
need only be found suitable, or suitable within a reasonable time (generally 3 to 6 months) to
be transferred to the position.
Page 144 of 260
L8 - Reduction in Classification
L8.1 Where efforts to redeploy at level have failed and where the officer has refused the offer of
voluntary redundancy, the head of service with the agreement of the officer may reduce the
officer in classification and place the officer in a specific position.
L8.2 Reduction in classification is to occur in accordance with the PSM Act.
L9 - Involuntary Retirement
L9.1 An excess officer may be made involuntarily redundant, subject to the agreement of the
union(s). This clause applies to excess officers who are not any of the following:
L9.1.1 Retired with consent.
L9.1.2 Redeployed to another position.
L9.1.3 Reduced in classification.
L9.2 An officer may be involuntarily retired subject to the agreement of the union(s). Such
agreement must not be withheld if, during or after 6 months from the date the officer was
declared excess, the officer does one of the following:
L9.2.1 Does not accept a transfer in accordance with the PSM Act.
L9.2.2 Refuses to apply for, or be considered for, a position for which the officer
could reasonably be expected to be qualified to perform, either immediately or
in a reasonable time.
L9.3 Where the head of service believes that there is insufficient productive work available for an
excess officer during the retention period, the head of service may make the officer
involuntarily redundant before the end of the retention period.
L9.4 An excess officer must not be involuntarily retired if they have not been invited to elect to be
voluntarily retired with benefits, or have made such an election and the head of service refuses
to approve it.
L9.5 Where the head of service involuntarily retires an excess officer, the officer must be given no
less than 4 weeks’ notice of the action proposed; or 5 weeks if the officer is over 45 years old
and has completed at least 2 years of continuous service. This notice period must, as far as
practicable, be concurrent with the 7 month retention period.
L10 - Income Maintenance Payment
L10.1 An officer who has been receiving a higher rate of pay for a continuous period of at least
12 months and who would have continued to receive that pay rate, except for the excess
officer declaration, must be considered to have the higher pay rate.
L10.2 This pay is known as the income maintenance pay. The income maintenance pay, where
applicable, is used for the calculation of all conditions and entitlements under this clause.
L10.3 The income maintenance pay exists for the retention period or the balance of the retention
period.
L10.4 If an officer is involuntarily retired, the entitlements, including paying out the balance of the
retention periods, where applicable, must be calculated on the income maintenance pay
rate. If an officer is involuntarily retired during the retention periods the officer’s date of
retirement is the date that the officer would have retired after the retention period ceased,
not the date of the involuntary retirement. All final entitlements must be calculated from
the latter date.
L10.5 If an officer is involuntarily reduced in classification during the retention period, the officer is
entitled to be paid at the income maintenance pay rate for the balance of the retention period.
Page 145 of 260
L10.6 All allowances in the nature of pay must be included in determining the income maintenance
pay rate.
L11 - Leave and Expenses to Seek Employment
L11.1 At any time after the officer has been advised under subclause L4.2 of being potentially
excess, the officer is entitled to paid leave to seek alternative employment. Leave granted
under this clause is for periods of time to examine the job and to attend interviews.
Reasonable travelling time must also be granted.
L11.2 The officer is entitled to any reasonable fares and other incidental expenses if these are not
met by the prospective employer.
L12 - Use of Personal Leave
L12.1 The use of personal leave must not extend the retention periods of an officer unless these
periods are supported by a medical certificate or are of such a nature as to make the seeking of
employment during certificated personal leave inappropriate.
L12.2 An officer who is receiving income maintenance must have those payments continued during
certified personal leave periods of up to a total of 6 months.
L13 - Appeals
L13.1 Without affecting the officer’s rights under the FW Act, an excess officer has the right under
Section J to appeal any decision taken in relation to the officer’s eligibility for benefits under
subclause L4.6, L9 - and, the amount of such benefits, or the amount payable by way of
income maintenance under clause L10 -.
L13.2 An excess officer who received a notice of involuntary redundancy under clause L9.5 has the
right under section J to appeal the decision.
L14 - Agreement Not to Prevent Other Action
L14.1 Nothing in this Agreement prevents the reduction in classification of an officer or the
retirement of an officer as a result of action relating to discipline, invalidity, inefficiency or
loss of essential qualifications.
L15 - Re-engagement of Previously Retrenched Officers
L15.1 Despite the PSM Act, officers who are involuntarily retired from the ACTPS can be engaged at
any time by the head of service.
L15.2 Officers who elect to be made voluntarily redundant under L6 - cannot be re-engaged in the
ACTPS until a period has expired, which is equivalent in weeks and days to the termination
payment received under subclause L6.8 or paragraph L7.3.2, except with the written consent
of the head of service.
Page 146 of 260
Section M Fire Related Activities
M1 - Application
M1.1 Section M applies to ‘fire trained employees’ from the ACT Parks and Conservation Service
(PCS) that have the potential to be called on as part of the operational fire-related activities of
the PCS or employees outside of the PCS who have been nominated, and approved by the
Director of PCS, to undertake fire management duties as directed.
M2 - Fire Trained Employees
M2.1 The head of service must, upon recommendation from the Director PCS, approve a list of
employees as ‘fire trained employees’. Employees who have been trained as ‘fire trained
employees’ are required to undertake fire management duties as directed. An employee’s
career opportunities must not be disadvantaged as a result of undertaking these fire-related
activities.
M2.2 A ‘fire trained employee’ must provide assurance to the head of service to undertake fire
management duties as directed.
M2.3 PCS must maintain a fire readiness roster based on a minimum of 140 ’fire trained employees’
to undertake fire-related activities. All nominated employees must be available to meet the
fitness and training requirements and meet the roster requirements.
M2.4 The head of service must authorise employees (as agreed by the Director PCS), to undertake
fire management duties and to undertake all requisite training and fitness assessments.
M2.5 The roster must take account of family responsibilities and other relevant factors brought to
the attention of PCS by the employee or the employee’s representative. Those factors must
be taken into account to the extent possible, provided the agreed standard of coverage, as
contained in the Memorandum of Understanding (MOU) between the director-general
(EPSDD) and the director-general (JaCS), is maintained at all times.
M3 - Training
M3.1 All nominated employees are required to complete minimum competency based fire training.
This includes an annual fire preparedness session to update employees’ knowledge of fire
behaviour and safety, as well as an annual fitness assessment and a current Working With
Vulnerable People (WWVP) registration.
M4 - Fitness Standards
M4.1 All ‘fire trained employees’ must demonstrate one of the following specified fitness standards
on an annual basis:
M4.1.1 Arduous: ability to complete a 4.8km hike with a 20kg pack in 45 minutes.
M4.1.2 Moderate: ability to complete a 3.2km hike with an 11kg pack in 30 minutes.
M4.2 ‘Fire trained employees’ who are required to undertake fire suppression tasks on an active fire
ground and who are unable to meet the specified fitness standard may be required to
participate in a fitness improvement program funded and approved by PCS.
M4.3 ‘Fire trained employees’ who do not meet the fitness standard must be given adequate
support and encouragement to meet the fitness standard but are not eligible to participate in
fire suppression tasks until they are able to meet the fitness standard. If possible, these
employees must be assigned non fire suppression tasks until they are able to demonstrate
the specified fitness standard. If non fire suppression tasks are not available they must be
excluded from the readiness roster.
Page 147 of 260
M5 - Rostering and Duty Allocation
M5.1 All ‘fire trained employees’ who are approved to undertake fire management tasks must be
included on a readiness roster during each bush fire season. The roster must be prepared to
take account of employees’ leave requirements to the extent possible, provided that all
positions on the roster are filled at all times during the bushfire season.
M5.2 ‘Fire trained employees’ on the readiness roster must undertake nominated duties during
regular work hours as directed by the rostered fire duty officer. In the event of a fire,
suppression tasks will take priority over the nominated duties.
M5.3 ‘Fire trained employees’ on the readiness roster must remain on duty (possibly beyond the end
of their regular shift) until the end of the standby period for each day.
M6 - Definition of Incident Levels, Commencement and Cessation
M6.1 An incident is defined as an unplanned fire (wildfire) requiring the attendance of an authorised
employee or appliance, where that employee or appliance has been directed to attend by a
suitably authorised ACT PCS member or the ACT Rural Fire Service (RFS).
M6.2 For the purposes of Incident Rate of Pay (IROP), the following 3 levels are defined:
M6.2.1 Level 1 Incident: A small and comparatively simple wildfire that is contained by
first response crews without the requirement for a second shift and the incident
controller is based in the field. There is no formal declaration of Level 1
Incidents.
M6.2.2 Level 2 Incident: A larger or more complex incident where sectors and an
incident management team have been established to effectively manage
resources, is attended by more than one agency, may involve more than one
shift and has been declared a Level 2 Incident by the Senior Manager, Fire PCS.
M6.2.3 Level 3 Incident: A large or complex incident where divisions, sectors and an
incident management team have been established to effectively manage
resources, is attended by more than one agency, involves more than one shift
and has been declared a Level 3 Incident by the Senior Manager, Fire PCS.
M7 - Definitions for Fire-related activities
M7.1 The following definitions apply to fire-related activities:
M7.1.1 Standby – means to be ready or available to act and be prepared for advice to
proceed.
M7.1.2 Stand down – means to end a period of standby, return to normal duty.
M7.1.3 Readiness roster – means a roster detailing employees available for standby.
M8 - Incident Rate of Pay (IROP)
M8.1 IROP is payable from when a ‘fire trained employee’ is deployed to an incident from their
depot or overnight accommodation by a suitably authorised ACT PCS member or the ACT
RFS, until they return to their depot or overnight accommodation. IROP is not payable in the
event that an employee is deployed to an incident but the deployment is cancelled before
they arrive at the incident.
M8.2 An incident can be physically located either within or outside the Australian Capital Territory
(ACT). IROP is not payable during the travel stage both from and back to the ACT.
M8.3 IROP is not payable during periods of standby, or for prescribed burning activities.
M8.4 IROP payments do not count as salary for any other purpose. Payment must be made as
higher duties allowance (HDA) at the top increment of the pay scale as provided for in this
clause.
Page 148 of 260
M8.5 The IROP Payments are (Incident Position, Rate of Pay (Paid at Top Increment)):
M8.5.1 Level 1 Incident
M8.5.1 (a) Crew Member, GSO 5
M8.5.1 (b) Crew Leader (light unit, tanker, RAFT), GSO 6
M8.5.1 (c) Sector Leader (Incident Controller for Level 1), GSO 8
M8.5.2 Level 2 Incident
M8.5.2 (a) Crew Member, GSO 6
M8.5.2 (b) Crew Leader (light unit, tanker, RAFT), GSO 7
M8.5.2 (c) Sector Leader, GSO 9
M8.5.2 (d) Divisional Commander, GSO 10
M8.5.2 (e) Incident Management Team (IMT) member, ASO 6
M8.5.2 (f) Operations Officer, Logistics Officer, Planning Officer (IMT), SOG C
M8.5.2 (g) Fire Behaviour Analyst, SOG C
M8.5.2 (h) Incident Controller, SOG B
M8.5.3 Level 3 Incident
M8.5.3 (a) Crew Member, GSO 7
M8.5.3 (b) Crew Leader (light unit, tanker, RAFT), GSO 9
M8.5.3 (c) Sector Leader, GSO 10
M8.5.3 (d) Divisional Commander, SOG C
M8.5.3 (e) Incident Management Team (IMT) member, SOG C
M8.5.3 (f) Task Force Leader, SOG C
M8.5.3 (g) Liaison Officer, SOG C
M8.5.3 (h) Fire Behaviour Analyst, SOG B
M8.5.3 (i) Operations Officer, Logistics Officer, Planning Officer (IMT), SOG B
M8.5.3 (j) Incident Controller, SOG A
M8.6 Where an employee’s ordinary hourly rate of pay exceeds the IROP payable, the employee will
be paid at their ordinary hourly rate of pay.
M9 - Other Payments and Benefits
M9.1 The travel allowance provided at Annex C of this Agreement is paid for travel between work
locations where an employee is directed to undertake fire standby duties at a location other
than their normal work location and is required to travel to the standby location in their own
motor vehicle.
M9.2 ‘Fire Fighters leave’ accrues (pro rata) at the rate of half a day for each Saturday or Sunday
worked in a fire season, to a total of 5 days leave. That is, for each Saturday or Sunday that an
employee works, an employee will accrue a half day of leave, so if they work a whole weekend
they will have accrued one full day of leave. If there are any changes to the Fire Danger and
Readiness levels, as set by the ACT PCS, this will trigger a review of the above agreed terms.
M9.3 The maximum total additional leave under subclause M9.2 and subclause E7.7 and subclasue
E7.8 is 5 days of paid annual leave per year.
M9.4 ‘Fire trained employees’ who undertake fire management duties, attend the fire
preparedness day, satisfy the fire competency at the arduous fitness standard and are
Page 149 of 260
registered under WWVP, must be paid a Training and Fitness payment of $200. Where a ‘fire
trained employee’ otherwise meets the above criteria but only satisfies the fire competency
at the moderate fitness standard, a payment of $100 must be made.
Page 150 of 260
Section N Chief Minister, Treasury and Economic Development Directorate Specific
Matters
N1 - APPLICATION
N1.1 Section N applies to employees employed in the Chief Minister, Treasury and Economic
Development Directorate.
N2 - WORKPLACE HEALTH AND SAFETY INITIATIVE
N2.1 The Directorate and its employees will continue to promote a safe and healthy workplace
through its Workplace Health and Safety Committee in accordance with the Work Health and
Safety Act 2011.
N2.2 The Directorate will:
N2.2.1 work with its employees to foster a healthy workplace by promoting safe work
practices and encouraging a strong safety culture to thrive; this will include, but
not be limited to, providing relevant Work Health and Safety accredited training
and refresher courses;
N2.2.2 in consultation with employees, and/or their representatives, monitor WHS issues
and develop, maintain and enforce policies and strategies;
N2.2.3 monitor WHS issues and make available funding within budget for activities which
address prevailing issues including but not limited to personal protective
equipment, ergonomic workplace assessments and preventative exercises to
minimise risk of musculoskeletal injuries arising from manual handling;
N2.2.4 make available annual influenza vaccinations to all employees; and
N2.2.5 provide access to EAP by employees and their families.
N3 - HOURS OF WORK – ACTAS PROFESSIONAL OFFICERS (ACTAS PO)
N3.1 The ordinary weekly hours of 36.75 for a full time ACTAS PO (pro rata for part time) must be
worked within the span of hours limit of 6:00 am to 8:00 pm Monday to Friday.
N3.2 By agreement between an ACTAS PO and their supervisor a different pattern of hours and/or
days may be worked. This can include the substitution of hours on a Saturday, Sunday and/or
public holiday for hours on any other days of the week as part of the ordinary hours without
additional claim. An employee should have at least 8 days off in any 4-week cycle.
N3.3 An ACTAS PO’s actual daily starting and finishing times will be as agreed between the
supervisor and the employee to suit different circumstances provided operational
requirements are the main consideration.
N3.4 Coaches are expected to work such hours as are reasonably necessary without additional claim.
Actual hours worked may be flexible according to the demands of the job.
ACT PROPERTY GROUP
N4 - APPLICATION
N4.1 Clauses N5 - to N9 - apply only to employees employed in ACT Property Group.
N5 - COMMENCE START AND FINISH WORK ON THE JOB
N5.1 For operational effectiveness, employees with approved home garaging arrangements will
commence and finish work on the job.
N6 - ACT PROPERTY GROUP COMPOSITE ALLOWANCES
N6.1 Composite allowances applicable to ACT Property Group as set out in Annex C will not include:
Page 151 of 260
N6.1.1 Industry (Outdoor) Allowance;
N6.1.2 Meal Allowance;
N6.1.3 Travel Allowance;
N6.1.4 Confined Space Allowance – only where ‘Confined Space Permits to Work’ are
issued; and
N6.1.5 Height Work Construction Repairs greater than 15 metres.
N7 - TIME OFF IN LIEU
N7.1 Despite subclause C9.15, Time off in Lieu (TOIL) for employees of ACT Property Group may be
accrued on an hour for hour basis at the request of the employee. An employee may access
their TOIL credit following agreement with their supervisor/manager.
N8 - LEAVE LOADING FOR SHIFT WORKERS
N8.1 Despite paragraph E8.7.2 a designated shift worker can advise in January by email to the
Payroll area that they:
N8.1.1 elect to have their loading of 17.5% paid in lieu of penalties while on annual leave;
and
N8.1.2 no claim for penalties will be made on timesheets during their annual leave
periods; and
N8.1.3 once a decision is made they cannot change their decision during that year.
INFORMATION AND COMMUNICATION TECHNOLOGY (ICT)
N9 - APPLICATION
N9.1 Clauses N10 - to N12 - apply only to employees in Digital Data and Technology Solutions
(DDTS).
N10 - ELIGIBILITY FOR PAYMENT OF OVERTIME – ICT SENIOR OFFICER EMPLOYEES
N10.1 An ICT Senior Officer may be requested or required to work overtime to provide ICT support
and/or services to or in relation to the ACTGOV network, subject to the payment for overtime in
accordance with the conditions set out in this clause.
N10.2 Overtime requested or required under this clause applies to the following situations:
N10.2.1 ongoing out of hours support for applications or systems operating on a twenty-
four hour/seven days a week basis e.g. within The Canberra Hospital Emergency
Department;
N10.2.2 ongoing support to applications and systems requiring out of hours support;
N10.2.3 technical maintenance, changes, upgrades and work required to be performed out
of hours to reduce the impact on government business operations e.g. transferring
data from one server to another, system backups, recovery and monitoring,
system and application upgrades, security upgrades, network maintenance; and
N10.2.4 technical support required out of hours to address unforeseen, exceptional or
emergency situations.
N10.3 Despite clause C9 -, and only with the approval of the head of service, an ICT employee who
occupies a position with a classification having an annual salary of a Senior Officer Grade C (or
equivalent) or higher is eligible to receive payment under this clause.
Page 152 of 260
N10.4 Overtime approved under subclause N10.3 for an ICT Senior Officer will be paid at an hourly rate in
accordance with the Senior Officer's current rate of pay (including HDA), but excluding an
Attraction and Retention Incentive (ARIn) allowance.
N11 - INFORMATION TECHNOLOGY OFFICER POST GRADUATE
N11.1 Upon successful completion of the ACTPS Graduate Administrative Assistant employment
program, and subject to the employee’s appointment being confirmed, the head of service may
promote an ACTPS Graduate Administrative Assistant, without an additional selection process,
to the Information Technology Officer Post Graduate (ITO PG) classification.
N11.2 The rate of pay for ITO Post Graduates is set out in Annex A of this Agreement.
N11.3 Progression through the ITO PG classification is subject to the normal incremental provisions
contained at clause C5 - (Pay Points and Increments) of this Agreement.
N11.4 Progression from the ITO PG classification to the classification of ITO 2 will be by merit selection
in accordance with the Public Sector Management Act 1994.
ACCESS CANBERRA REGULATORY OFFICERS
N12 - APPLICATION
N12.1 Clauses N13 to N16 apply to Access Canberra officers and employees employed in a regulatory
capacity.
N13 - COMMITMENT TO PROFESSIONALISM
N13.1 The directorate will encourage and assist Access Canberra regulatory employees to attain and
maintain specialist skills and qualifications that are essential to their day to day business in
Access Canberra.
N13.2 Access Canberra will continue to offer training commensurate with functions (such as Inspectors)
obtaining Diploma of Government (Workplace Inspection as varied) as well as relevant function
specific training.
N14 - ACCESS CANBERRA REGULATORY CLASSIFICATION
N14.1 Where applicable, technical and/or professional qualifications will be required for positions.
N15 - LEVEL ADVANCEMENT – INSPECTORS
N15.1 An officer at the Regulatory Inspector 5 level who is appointed as an inspector or authorised officer
under legislation administered by Regulatory Services may be substantively advanced and appointed
to the base salary point of the Regulatory Inspector 6 where the Delegate is satisfied the officer:
N15.1.1 possesses relevant tertiary qualifications equivalent to a Diploma or higher;
N15.1.2 is undertaking duties consistent with the Work Level Standard and is performing at
the fully competent level;
N15.1.3 has successfully completed or is in the process of completing on the job and/or
competency based training provided consistent with Regulatory Services learning
and development priorities.
N15.2 Advancement beyond the base salary point of Regulatory Inspector 6 will be in accordance with the
general provisions for advancement through salary increments set out in B30.6 of this Agreement.
N16 - INDIVIDUAL ASSESSMENT PROCESS
N16.1 Eligible officers may apply for level advancement. Applications for level advancement must be
made in response to and meet the timeframes set out in the annual invitation.
Page 153 of 260
N16.2 Applicants for level advancement will be required to submit a formal application against the
selection criteria in the same way as for competitive merit selection. Applicants will be required
to undergo an interview and to provide references and a supervisor’s assessment and will
undergo a selection process. Applicants will be selected for level advancement on the basis of
their application and the subsequent assessment process.
N16.3 Sucessful applicants may be appointed to the base salary point of the Regulatory Inspector 6
following the assessment process on the date the Delegate approves the appointment.
N16.4 The outcomes of the assessment process for level advancement are not appealable on merit
grounds.
Page 154 of 260
Section O Community Services Directorate Specific Matters
CHILD AND YOUTH PROTECTION PROFESSIONAL (CYPP) CLASSIFICATION STRUCTURE
O1 - PREAMBLE
O1.1 The CYPP classification structure will have application under the authority of this Enterprise
Agreement, in accordance with the terms and conditions set out in this Section.
O1.2 CYPP classifications can only be assigned to designated positions in the Community Services
Directorate. CYPP classifications cannot be assigned to positions in other Directorates.
O1.3 The CYPP classification structure was created to assist in enhancing the Community Services
Directorate's ability to recruit and retain professional staff with appropriate qualifications,
experience, and competencies, specifically to work in frontline child protection roles.
O1.4 Relevant tertiary qualifications for employment in CYPP classifications are Social Work,
Psychology, Social Welfare, Social Science or a related discipline approved by the
Director-General of the Community Services Directorate.
O1.5 The arrangements developed and agreed under the terms of subclause O2.1, may make a
person with appropriate and relevant Aboriginal and Torres Strait Islander or other cultural
heritage and experience eligible for employment at one or more CYPP classification levels on
the basis of that heritage and experience. Those arrangements may prescribe educational
qualification requirements in addition to relevant heritage, at one or more CYPP classification
levels.
O2 - DEVELOPMENT OF THE CYPP CLASSIFICATION STRUCTURE
O2.1 The head of service and the relevant unions may develop, agree and implement, through an
exchange of correspondence, arrangements pertaining to:
O2.1.1 The Work Level Standards to apply to CYPP classifications (including
Paraprofessional CYPPs, refer to subclause O2.1.5 below). The relevant Health
Professional Work Level Standards in effect at the time of establishment of the
CYPP classification structure will apply until alternate Standards are agreed.
O2.1.2 The criteria and procedures to apply for advancement from the CYPP Level 1 to
CYPP Level 2, and from the CYPP Level 2 to CYPP Level 3 classifications.
O2.1.3 The criteria and procedures to apply for advancement within the CYPP Level 3 pay
range from the CYPP3.3 pay point to the CYPP3.4 and 3.5 pay points. The Health
Professional HP3.3/HP3.4 salary point barrier provisions in effect at the time of
establishment of the CYPP classification structure will apply if alternate
arrangements are not agreed.
O2.1.4 The criteria and procedures to apply, separate from temporary transfer/higher
duties provisions, under which a CYPP Level 3 who is assessed as high performing,
can be approved to be paid at the lowest CYPP Level 4 pay point while still
performing CYPP Level 3 duties.
O2.1.5 The introduction and application of a Paraprofessional CYPP Stream will:
O2.1.5 (a) be aimed at employees who have partially completed a relevant
qualification;
O2.1.5 (b) recognise that the duties of a CYPP Paraprofessional will be a
combination of Administrative stream (ASO2-ASO4 level) and CYPP
work;
O2.1.5 (c) provide for a CYPP Paraprofessional to be advanced to the CYPP
Level 1 classification following attainment of a relevant qualification,
and
Page 155 of 260
O2.1.5 (d) May involve the establishment of specific CYPP Paraprofessional
classifications with salary rates based on the rates for the
Administrative Services Officer (ASO) Class 3 and 4 classifications
specified in the ACT Public Sector Administrative and Related
Classifications Enterprise Agreement 2023-2026, and arrangements
for movement ASO to CYPP Paraprofessional and the CYPP Level 1
classifications.
O2.1.5 (e) Notwithstanding the points above, the Paraprofessional CYPP Stream
may have application in an Aboriginal and Torres Strait Islander
Traineeship program as described in the specific terms applying to
that program.
in accordance with the terms developed and agreed.
O2.2 Arrangements agreed in accordance with subclause O2.1 will have effect in accordance with the
terms and conditions set in that written agreement and will apply notwithstanding any
inconsistency that might exist with provisions taken from, or contained in, the Public Sector
Management Act 1994 and/or the Public Sector Management Standards 2016.
O2.3 Standard ACT Public Sector and Health Professional terms and conditions in effect at the time of
establishment of the CYPP classification structure will continue to apply unless otherwise
agreed in accordance with subclause O2.1.
O2.4 With respect to subclause O2.1.2 above, any agreement reached will introduce provisions
allowing advancement from the CYPP Level 2 classification to the CYPP Level 3 classification
based on competency assessment, subject to the existence of a vacant CYPP Level 3 position.
O2.4.1 Those provisions will describe the relevant competency requirements, how
competencies will be assessed and by whom, and may vary advertising and
selection procedures that would otherwise apply under the terms of the Public
Sector Management Act 1994 and Public Sector Management Standards 2016, and
may specify that existing staff who have passed the relevant competency
requirements will have precedence in selection decisions.
O2.5 With regard to subclauses O2.1.3 and O2.1.4 above, any agreement reached will detail relevant
competency requirements, how competencies will be assessed and by whom.
O3 - VARIED APPLICATION OF OTHER CLAUSES FOR CYPP CLASSIFICATIONS
O3.1 For the purposes of subclause C9.4 (Overtime), the CYPP Level 4 classification is equivalent to
the Senior Officer Grade C classification. The head of service may approve the payment of
overtime to employees at or above the CYPP Level 4 level where exceptional circumstances
exist.
O3.1.1 At the request of the employee, hours worked outside normal working hours may
be taken as time in lieu on an hour for hour basis.
O3.2 Unless required otherwise under the terms of this Agreement approvals under provisions
contained in or referenced by clauses B19 -, Flexible Working Arrangements and B20 -, Making a
Request for a Flexible Working Arrangement will be subject to annual review in order to ensure
they continue to meet business operational and work health and safety requirements/priorities.
O3.3 Despite clause O3.2, and in recognition of the challenging nature of the work of CYPPs, the
Community Services Directorate commits to enhancing access to Flexible Working
Arrangements for CYPPs in accordance with clauses B19 - and
B20 -.
O4 - PROFESSIONAL DEVELOPMENT SUPPORT
O4.1 Staff employed in CYPP classifications will have the same entitlement to Professional
Development Support as Health Professionals employed in the Community Services Directorate.
Page 156 of 260
O5 - CYPP WORKLOAD REVIEW
O5.1 For the purposes of O5 -, ‘the Parties’ shall mean the following:
O5.1.1 The Community Services Directorate
O5.1.2 The Community and Public Sector Union (CPSU)
O5.2 The Parties recognise the important role Child and Youth Protection Professionals (CYPPs) play
in the ACT community and recognise the challenging nature of the work of CYPPs.
O5.3 The Parties will undertake a review of Child and Youth Protection Professional workloads and
caseloads within 12 months of the Agreement coming into effect to determine mechanisms for
management of workloads and caseloads.
O5.4 Upon completion, a report detailing the outcomes and recommendations of the review will be
provided to the Director-General Community Services Directorate for consideration.
Page 157 of 260
Section P Environment, Planning and Sustainable Development Directorate Specific
Matters
P1 - APPLICATION
P1.1 Section P applies to employees employed in the Environment, Planning and Sustainable
Development Directorate (EPSDD).
P2 - WORKPLACE HEALTH AND SAFETY INITIATIVE
P2.1 EPSDD and its workers will continue to promote a safe and healthy workplace through its
Workplace Health and Safety Committee in accordance with applicable legislative and policy
obligations.
P2.2 EPSDD will:
P2.2.1 work with its employees to foster a healthy workplace by promoting safe work
practices and encouraging a strong safety culture to thrive; this will include, but not
be limited to, providing relevant Work Health and Safety accredited training and
refresher courses;
P2.2.2 in consultation with employees, and/or their representatives, monitor WHS issues
and develop, maintain and enforce policies and strategies;
P2.2.3 monitor WHS issues and make available funding within budget for activities which
address prevailing issues including but not limited to personal protective
equipment, ergonomic workplace assessments and preventative exercises to
minimise risk of musculoskeletal injuries arising from manual handling; and
P2.2.4 make available annual influenza vaccinations to all employees.
PARKS AND CONSERVATION SERVICE DIVISION
P3 - APPLICATION
P3.1 Clauses P4 - to P6 - apply to employees in Parks and Conservation Service (PCS).
P4 - WORK IN EXTREME WEATHER CONDITIONS
P4.1 Essential work may be carried out during inclement weather conditions, subject to
occupational, health and safety requirements being met and provided appropriate protective
clothing and equipment of an agreed standard is issued. Decisions on working during inclement
weather will be by agreement between the parties consistent with sound Workplace Health
and Safety Guidelines.
P4.2 Where essential work cannot be carried out, management will provide training or other
functions.
P4.3 Essential work means functions such as garbage collection, safety responses (eg
storm/flood/fire damage), fire standby and/or issues involving public safety.
P4.4 Inclement weather means wet weather of abnormal climatic conditions such as hail, cold, high
winds, severe dust, extreme high temperatures, or any combination thereof.
P5 - AGENCY REPRESENTATIVE
P5.1 The Agency Representative is an employee designated by the Director–General to be the first-
port-of-call for a wide variety of enquiries that may be directed to the ACT Parks and
Conservation Service or to City Services, both during and outside ordinary working hours.
P5.2 The Agency Representative will generally be rostered on a weekly basis taking into account
operational needs and employees’ family responsibilities.
Page 158 of 260
P5.3 An allowance will be paid to employees for any time they are rostered to act as an Agency
Representative. The Agency Representative Allowance will be paid when worked, or on an
annual basis, and will not count as salary for any other purpose.
P5.4 The Agency Representative will be paid the allowance as identified in Annex C. The Agency
Representative Allowance will replace the provisions of clause C13 - (On Call Allowance), clause
C14 - (Close Call Allowance) and the Overtime Meal Allowance for duties performed by an
employee performing the work as an Agency Representative.
P5.5 While the employee is performing the duties of an Agency Representative, overtime will only
be paid for time worked beyond 3 hours for the second and subsequent call outs per calendar
month.
P6 - ARRANGEMENTS SPECIFIC TO FIELD STAFF
Movement of staff between Depots
P6.1 Subject to Workplace Health and Safety considerations, the morning tea break will not
necessitate employees returning to a depot. Morning tea will customarily be held on the job.
P6.2 A minimum period of five working days notice period (to the employee and their employee
representative) is required to permanently move an employee between depots.
P6.3 For the purposes of subclause P6.2, PACS will provide a daily or weekly Travel-Relocation
Allowance to an employee to whom subclause P6.2 applies. The Travel-Relocation Allowance is
found in Annex C. The Travel-Relocation Allowance will only be paid for up to two weeks.
P6.4 The employee may raise objections to the proposed movement between depots for legitimate
personal concerns or family commitments.
P6.5 Any question, dispute or difficulty arising under this clause is to be dealt with in accordance
with the Dispute Resolution Procedures within this agreement. While any question, dispute or
difficulty under this clause is negotiated, work will continue as normal.
P6.6 Temporary employees will be moved between depots prior to the movement of permanent
employees subject to skills required.
Page 159 of 260
Section Q Education Directorate Specific Matters
Q1 - APPLICATION
Q1.1 Section Q applies to employees employed in the Education Directorate.
Q2 - ORDINARY HOURS OF WORK
Q2.1 Ordinary hours of work for Information Technology Officers are in accordance with clause B17 -
(Hours of Work for non-shift workers).
Q3 - FLEXTIME FOR EMPLOYEES BASED IN SCHOOLS
Q3.1 In accordance with subclause B18.6 eligible employees based in schools may have a maximum
flextime credit equal to the employee’s normal fortnightly hours of duty in any settlement
period and may not have an accrual in excess of their normal weekly hours of flextime at the
conclusion of any settlement period.
Q3.2 Where immediately before the commencement of each school term (including professional
development days or school planning days), an employee has over and above their normal
weekly hours, those excess credits will be forfeited. Changes to this may be negotiated
between the employee and their manager. Any such changes must be documented and
available for audit inspection on request.
Q3.3 For employees based in schools, a settlement period comprises one school term plus the period
between school term dates immediately following it.
Q3.4 For the purposes of subclause B18.13 unless otherwise agreed with the manager, employees
based in schools will take flextime during the periods between school term dates.
Q4 - RECORDING OF ATTENDANCE
Q4.1 All employees are required to record their attendance.
Q4.2 The employee is responsible for ensuring their attendance record is accurate.
Q4.3 Attendance details must be recorded using the appropriate approved format and a hard copy
retained for a period of two years. Absences during normal hours of duty should be recorded in
the same manner.
Q4.4 Employees must record the time of their arrival and departure to and from the workplace each
day at the actual time they arrive or depart unless they temporarily leave the workplace during
normal working hours on official business.
Q4.5 Arrival and departure times should not be adjusted in any way.
Q4.6 A breach of this clause may constitute misconduct and may be dealt with under Section G
(Workplace Values and Behaviours).
Q5 - WORKPLACE HEALTH AND SAFETY
Q5.1 The Directorate will ensure that the risk of Occupational Violence to staff in Directorate
workplaces is eliminated so far as is reasonably practicable.
Q5.2 Occupational Violence of any kind will not be tolerated in Directorate workplaces. Where the
Head of Service is made aware of instances of Occupational Violence they will:
Q5.2.1 investigate concerns in a timely manner; and
Q5.2.2 ensure that resources, support and training are available, in accordance with the
Directorate’s Occupational Violence Policy and Plan to minimise the risk to
employees.
Page 160 of 260
Q6 - HEALTH AND SAFETY REPRESENTATIVES
Q6.1 In accordance with Division 2.1.2 of the Health and Safety Regulation 2011 the employer of a
work safety representative has a duty to allow the representative to take the time off work,
without loss of pay or other entitlements, that is reasonably necessary for the representative:
Q6.1.1 to exercise the functions of a health and safety representative; and
Q6.1.2 to undertake an approved training course, or an approved refresher training
course, within 3 months after the day the representative is elected.
Q6.2 Principals and Managers should ensure appropriate resources are allocated to support the
functions and training of their health and safety representative.
Q7 - PURCHASED LEAVE
Q7.1 Purchased leave arrangements are outlined in clause E9 - (Purchased Leave). However, unless
otherwise agreed with the manager, all purchased leave for employees based in schools should
be taken during the period between school term dates within a 12 month period from the date
the employee commences participation in the purchased leave scheme.
Q8 - MANAGING EMPLOYEE ABSENCES
Q8.1 The Directorate and the union(s) acknowledge the importance of effectively managing
employee absences and timely submission of leave forms.
Q8.2 All employees are required to submit an application for leave prior to any planned absence or,
for unplanned absences, within ten days of the initial absence unless there are exceptional
circumstances (e.g. hospitalisation).
Q8.3 Absences not covered by approved leave are unauthorised absences and will result in salary
action, and may be dealt with under section Section G (Workplace Values and Behaviours).
Q9 - TRAVELLING ENTITLEMENT – CERTAIN WORKPLACES
Q9.1 An employee appointed to, or contracted at Jervis Bay Primary School is entitled to receive a
Travelling Entitlement (listed in Annex C).
Q9.2 The Travelling Entitlement is payable for each complete trip when an employee attends duty to
a maximum of one per day.
Q9.3 An employee is entitled to be paid the full rate of the entitlement for each continuous period of
duty if they do not travel at the Directorate’s expense and:
Q9.3.1 Travel to an isolated establishment to attend for a period of normal duty, or
Q9.3.2 Have been directed to return to duty, with or without prior notice, to perform
extra duty.
Q9.4 An employee who meets the requirements above but travels at the Directorate’s expense on
the journey either to or from the isolated establishment, is entitled to be paid only at the
partial rate.
Q9.5 An employee who lives in a dwelling provided by the Directorate at the isolated establishment,
or lives within 10 kilometres from it, is not entitled to Travelling Entitlement unless they receive
a payment for the use of a private motor vehicle for official purposes.
Q9.6 Where an employee receives payments of an allowance provided under this clause and the
payment is less than the Travelling Entitlement, they are entitled to be paid the difference
between the payment received and the Travel Entitlement.
Q9.7 The designated isolated establishments and the relevant rates of pay will be reviewed during
the life of this Agreement and cease if the establishment no longer fulfils the criteria for the
payment of Isolated Establishment Allowance.
Page 161 of 260
Q10 - PERFORMANCE AND DEVELOPMENT
Q10.1 This section should be read in conjunction with subclauses A2.9 to A2.12 (Developing our
People) and the ACT Public Service Performance Framework.
Q10.2 One of the purposes of performance and development process is to empower the employee to
achieve personal goals aligned with section/school and Directorate priorities.
Q11 - PERFORMANCE AND DEVELOPMENT PLANS (PDP)
Q11.1 All officers (permanent staff) are required to have a PDP.
Q11.2 Temporary employees engaged on contracts for more than 12 weeks should have a PDP.
Where the contract extends beyond 12 months the employee is required to have a PDP.
Q11.3 The Directorate agrees to provide ongoing training for supervisors/managers to assist with the
implementation of PDP within their sections/schools.
Q11.4 The PDP must be linked to the business/action plans of the work area. PDP should include
career development arrangements which encourage quality learning and development. PDPs
are to be developed with employees during hours of work.
Q11.5 PDP should also be linked to any applicable competencies, capabilities, and/or completion of
qualifications. Competencies and/or capabilities where further development is required should
be identified and appropriate professional learning put in place.
Q11.6 Where an employee is required by the employer to attain or upgrade any qualification, the
school/section will pay costs associated with gaining the qualification.
Q11.7 Prior to initiating an under performance process in relation to an employee under Section G
(Workplace Values and Behaviours), there must be a PDP for the relevant employee.
Page 162 of 260
Section R ACT Health Directorate, Canberra Health Services and Calvary Health Care
ACT Ltd Specific Matters
R1 - APPLICATION
R1.1 Section R applies to employees employed in the ACT Health Directorate, Canberra Health
Services and Calvary Health Care ACT Ltd.
R2 - INFECTION CONTROL
R2.1 Where an employee has presented for work and is identified by a duly authorised Public
Health Officer or Infection Control Officer to be a potential infection control risk to patients,
or the staff member may be at risk in their normal work area, the head of service may
temporarily transfer the employee to another work area, or direct the employee to be absent
from duty until they are approved to return by the duly authorised Public Health Officer or
Infection Control Officer.
R2.2 Where an employee is transferred or absent consistent with these arrangements the
following will apply:
R2.2.1 the employee will be advised in writing; and
R2.2.2 will receive all entitlements that they would otherwise have received were they at
work; and
R2.2.3 there will be no deduction from accrued leave entitlements for an absence
under this clause.
R3 - HEALTH ASSESSMENT
R3.1 The relevant head of service must direct an officer to attend a health assessment if the
officer has been absent on account of illness, as a continuous period or in separate periods,
for a total of thirteen weeks in any 26-week period. The other provisions of subclause E4.46
will continue to apply.
R4 - BROADBANDING
R4.1 Where the Directorates and relevant employee representatives have agreed on broadbanding
arrangements, these may be implemented during the life of the Agreement.
R4.2 Any such arrangements will be agreed by an exchange of letters and will include a robust
competency framework.
R4.3 Where broadbanding arrangements are agreed under subclause R4.1, work level standards and
competency requirements for progression though soft barriers will be developed for inclusion
in the PSM Standards.
R5 - SAFE TRAVEL
R5.1 The Directorates are committed to providing all employees with a safe workplace. Therefore, in
extraordinary circumstances, including planned and unplanned overtime, which render the
employee’s normal transport unavailable or unsafe, the supervisor may arrange alternate
transport. This may include, but is not limited to, payment for, or reimbursement of, taxi fares.
R5.2 Where an employee is re-called for duty for the second and subsequent times in a 24 hour
period, they may elect to use a taxi to travel to and from work. Payment for, or reimbursement
of, this taxi fare will be provided by the Directorate.
R6 - PAID MEAL BREAKS
R6.1 The Directorates may roster an employee for a shift that incorporates a paid meal break in the
following circumstances:
Page 163 of 260
R6.1.1 Where work is permitted in isolated locations;
R6.1.2 A shift is worked by only one or two employees;
R6.1.3 For reasons of client and employee safety, it is not appropriate for employees
to leave the workplace to take a meal break.
R6.2 Despite subclause B15.18 a paid meal break will be paid at ordinary time rates (including any
applicable penalties) and will count as ordinary duty.
R6.3 The incorporation of a paid meal break into an existing shift pattern will not usually result in a
change to the starting and finishing times of a shift.
R6.4 The Directorates will consult with affected employees before paid meal break provisions are
implemented, and will consult with employees and their representatives about any subsequent
withdrawal or extension of the arrangement.
R6.5 A paid meal break will not count towards the accumulation of an ADO or any entitlement to
leave.
R6.6 When an employee is rostered on a shift of more than eight hours duration that includes a paid
meal break, the employee will be permitted to take a 30-minute break during the shift.
R6.7 Whenever an employee is on a break from work, the employee will be required to be ready to
return to duty as and when the need arises, and to resume his or her break at a later time.
R6.8 The employee and the employee's supervisor will agree on the usual pattern of breaks within a
shift, to best meet the employee's requirement for relief from work, and to best meet service
requirements.
R6.9 The employee must contact the supervisor (or equivalent) and either:
R6.9.1 make an arrangement for relief to be provided to permit the employee to take a
break; or
R6.9.2 obtain approval to work without the break.
R7 - OVERTIME ARRANGEMENTS FOR CASUAL EMPLOYEES
R7.1 Despite subclause B14.6 the minimum attendance before overtime is payable for a casual
employee is 8 hours, or the length of the shift, whichever is the greater.
R7.2 All overtime worked by casual employees in excess of the ordinary fortnightly hours of work for
full-time employees (i.e. 73.5 hours or 76 hours per fortnight dependent upon the ordinary
fortnightly hours identified by the Directorate for the position) will be paid at the rate described
in clause C9 -.
R7.3 For the purposes of this clause the ordinary shift length will be considered to be 8 hours, except
where the employee has agreed to work a shift of another length.
R8 - OVERTIME ARRANGEMENTS FOR PART-TIME EMPLOYEES
R8.1 Despite clause C9 - the minimum attendance before overtime is payable for a part-time
employee is 7:21 or 7:36, or the length of the shift, whichever is the greater.
R8.2 Despite clause C9 - a part-time employee will be paid the rate of 125% of the employee’s
ordinary rate of pay in respect of all hours worked:
R8.2.1 in excess of their rostered hours; and
R8.2.2 less than 7:21 or 7:36, as applicable, or the length of the shift, whichever is the greater;
and
R8.2.3 on any day/shift, as applicable.
R8.3 All overtime worked by a part time employee in excess of the ordinary fortnightly hours of
work for a full-time employee (i.e. 73.5 hours or 76 hours per fortnight dependent upon the
Page 164 of 260
ordinary fortnightly hours identified by the Directorate for the position) will be paid at the
rate described in clause C9 -.
R9 - TRANSLATION OF TECHNICAL OFFICERS TO ALLIED HEALTH ASSISTANT STRUCTURE
R9.1 An employee in a position classified as a Technical Officer who elects to translate to the
Allied Health Assistant (AHA) structure under the ACT Public Sector Support Services
Enterprise Agreement 2021-2022 (Support Services Agreement; or where this has been
superseded the relevant enterprise agreement in force at the time) at the equivalent of
their current substantive classification level (TO1 is equivalent to AHA 2, TO 2 is equivalent
to AHA 3) will translate at their existing salary level or, where that level does not exist in the
new structure, to the next highest pay point within the respective classification.
R9.2 Where an employee translates in accordance with the provisions of subclause R9.1, they
will be eligible to translate or advance to the top of the range for the respective
classification.
R10 - TRANSFER OF MEDICALLY UNFIT STAFF
R10.1 Despite clause B29 - of this Agreement, if an officer or employee meets the criteria set out in
clause B29 - and is a Sterilising Services Health Service Officer, they may be transferred to an
Administrative Service Officer Grade 2 position if the position falls within their current skill
and experience level.
R11 - TRANSFER OF POTENTIALLY EXCESS STAFF
R11.1 This clause should be read in conjunction with Section L of this Agreement. Where it is deemed
the two are inconsistent, Section L will apply.
R11.2 Despite the operation of subclause L5.4 if an employee meets the criteria set out in
subclause L5.4 and is a Sterilising Services Health Service Officer, they may be
transferred to an Administrative Service Officer Grade 2 position if the position falls
within their current skill and experience level.
R11.3 A potentially excess employee will not be transferred to a position with a lower rate of pay
unless the requirements of subclause L8.1 of this Agreement have been met. Consultation
between management and the employee will occur prior to a decision to transfer an employee
is made.
R12 - PAYMENT FOR SHIFTWORKERS EMPLOYED AS STERILISING SERVICES HEALTH SERVICE
OFFICERS AND STERILISING SERVICES TECHNICAL OFFICERS
R12.1 This clause applies only to Sterilising Services Health Service Officers and Sterilising Services
Technical Officers employed in the ACT Health Directorate and Canberra Health Services,
referred to in this clause as ‘the Directorate’.
R12.2 Despite subclause C8.1 an employee who is a shift worker employed as a Sterilising Services
Health Service Officer or as a Sterilising Services Technical Officer who is rostered to
perform and performs ordinary duty on a shift, any part of which falls between the hours of
7:00 pm and 7:00 am, will be paid an additional 25% of the employee’s ordinary hourly rate
of pay, for that shift.
R13 - STERILISING SERVICES – TRAINING AND ASSESSMENT
R13.1 This clause and classification arrangements apply to Sterilising Services Health Service
Officers and Sterilising Services Technical Officers employed in the ACT Health Directorate
and Canberra Health Services, referred to in this clause as ‘the Directorate’.
R13.2 All employees covered by this clause accept the levels of competencies identified in the
Sterilising Services Competencies Document.
Page 165 of 260
R13.3 The competency levels may be reviewed during the life of this Agreement.
R13.4 All employees will be required to participate in a performance management plan (PMP) in
relation to their own performance. Development of these plans will be a cooperative process,
where the employee, together with their supervisor, agrees on a set of competencies within
the scope of their current salary point.
R13.5 The method of assessment of performance against these competencies will also be
determined, agreed and documented at this time. Individual training and development needs,
and ways to address these matters are also to be identified in the plan.
R13.6 A performance cycle under a performance management plan must include a feedback session
between employee and their supervisor or manager to be held 6 monthly where possible and
then at 12 months from the establishment of their PMP. This will provide the employee with
the opportunity to discuss roles, responsibilities and remuneration applicable to the
employee’s performance outcomes.
R13.7 The employee will move through the salary points contained in the pay classification when
they:
R13.7.1 have met all the elements of their development plan; and
R13.7.2 have generally performed the competencies at that level for a period of 12 months.
R13.8 Advanced Standing (formally Recognition of Prior Learning) will be discussed with the employee
at their PMP session. Advanced standing will be determined through a formal process in line
with the recognised process followed by the Australian Quality Training Framework.
Training
R13.9 The Directorate acknowledges the changing pace of technology in the Health Technicians
Industry and the need for Directorates and employees to understand those changes and have
the necessary skill requirements to keep ACT Sterilising Services at the forefront of the
industry.
R13.10 The Directorate recognises that in order to increase the safety, efficiency, productivity and
competitiveness of the Business Unit a commitment to training and skill development is
required.
R13.11 The Directorate is committed to developing a more highly skilled and flexible workforce
providing employees with career opportunities through appropriate training to acquire the
additional skills as required by ACT Sterilising Services.
R13.12 It is agreed that a training program be developed consistent with:
R13.12.1 the current and future skill needs of ACT Sterilising Services along with the size,
structure and nature of the Business Unit;
R13.12.2 the need to develop vocational skills relevant to the Business Unit, the employee
and the Health Technicians Industry; and
R13.12.3 developing a more healthy and safe working environment.
R13.13 Where it is agreed that an employee is required to undertake additional training, that training
may be undertaken either on or off the job. Provided that if training is undertaken during
ordinary working hours the employee concerned will not suffer any loss of pay.
R13.14 Any costs associated with standard fees for prescribed courses and prescribed textbooks
(except those textbooks which are available from the Directorate) incurred in connection
with the undertaking of training will be reimbursed by the Directorate upon production of
evidence of such expenditure. Provided that reimbursement will also be subject to the
presentation of reports of satisfactory progress.
Page 166 of 260
R13.15 Travel costs incurred by an employee, undertaking training in accordance with this clause,
which exceed those normally incurred in travelling to and from work, will be reimbursed
by the Directorate.
R13.16 All cost associated with training including meals, accommodation and course fees will be
paid for by the Directorate.
R13.17 The health service shall provide the training for apprentices/trainees that suits the
requirements as approved by the head of service The costs associated with the required
training, will be reimbursed by the health service upon successful completion.
R13.18 For the purposes of this Agreement the Training should include endorsed and non-endorsed
components and an approved training plan for apprenticeship and traineeship programs
which must include satisfactory pass results of practical assessments within the workplace.
Sterilizing Technology Certificate
R13.19 Employees who hold a current, accredited sterilising technology certificate, will be paid the
Sterilisation Certificate Allowance specified at Annex C.
R13.20 If an employee does not possess a current certificate when they commence employment,
they must obtain it within two years of commencement.
Salary Advancement
R13.21 An employee who does not hold a Certificate III in Sterilisation Services will not advance
beyond the third salary point of HSO3.
R13.22 An employee who has successfully completed a Certificate III in Sterilisation Services and
completed two years practical experience within a sterilising services unit, and has met and
maintained the requirements of Performance Management Plans HSO3/4 level 2-3 will be
advanced to the first salary point in HSO4. Subsequently, incremental progression will be in
accordance with subclause R13 -.
R13.23 An employee who has successfully completed a Certificate III in Sterilisation Services and a
Certificate IV in Sterilisation Services (HLT47015) or Leadership and Management (BSB40520)
and has met and maintained the requirements of Performance Management Plans HSO3/4
level 2-7 will be advanced to the first salary point in HSO5. Subsequently, incremental
progression will be in accordance with subclause R13.7.
R14 - ACUTE SUPPORT, INPATIENT SERVICES, NUTRITION DEPARTMENT
R14.1 This clause only applies to Technical Officers employed by Acute Support, Inpatient Services,
Nutrition Department employed in the ACT Health Directorate and Canberra Health Services,
referred to in this clause as ‘the Directorate’ and does not apply to any other Technical Officers
employed by the Directorate.
R14.2 Despite subclause C8.1 Technical Officers commencing a rostered shift prior to 7:00am
Monday to Friday will be entitled to be paid a penalty rate of 15%.
ACT PATHOLOGY
R15 - APPLICATION
R15.1 Clauses R16 - and R17 - only apply to officers employed by ACT Pathology.
R16 - RELOCATION ALLOWANCE
R16.1 Where an ACT Pathology staff member employed in a Collection Centre is contacted at home
and required to commence their next duty either at a different time or location, they will be
paid a Relocation Allowance as set out in Annex C. Any payment under this clause will be
capped at a maximum of 5 days for each continuous relocation.
Page 167 of 260
R17 - SHIFT WORK
R17.1 Where a permanent night shift employee is directed to undertake day shift work for the
purposes of accreditation purposes in ACT Pathology, the four-week qualifying period
mentioned in subclause C8.2 will not apply.
R17.2 Despite C8.2, an employee who is a shift worker and who is required to work ordinary hours
continuously on a shift falling wholly within the hours of 6:00 pm and 8:00 am, will be paid an
additional 25% of the employee’s ordinary hourly rate of pay for such shifts for the first four
weeks and 30% of the ordinary hourly rate of pay for such shifts thereafter. Temporary shift
changes at the initiative of the Directorate will not break continuity for eligibility purposes for
the 30% penalty rate, if approved by the head of service.
SERVICE HOURS
R18 - ALTERATION OF SERVICE HOURS
R18.1 Where there is a ministerial decision that there is a public health need that requires a
significant alteration of service hours necessitating the introduction of a new rostering
arrangement, shift work or a new shift the head of service must first consult with employees
and their representatives, including relevant unions, and seek the agreement of a majority of
employees affected by the proposed change. To avoid doubt, this clause applies to
employees in the ACT Health Directorate, Canberra Health Services and Calvary Health Care
ACT Ltd.
R18.2 Consultation in accordance with subclause R18.1 will meet the requirements of Section F and
include consideration of the following:
R18.2.1 the resourcing required to effectively extend the service delivery hours including
identified back filling requirements;
R18.2.2 adequate staffing levels and the impact on workloads, including consideration of
work life balance, leave relief and workplace health and safety issues associated
with extended hours;
R18.2.3 current service requirements and staffing levels;
R18.2.4 the business need for the change;
R18.2.5 whether other options can as effectively, or more effectively, meet business
needs;
R18.2.6 whether the change can be managed through the voluntary participation of staff;
R18.2.7 any individual request by an employee to have their personal circumstances
considered including the right to refuse permanent night shifts.
R18.3 Where, following consultation and ballot(s), majority agreement of affected employees has not
been obtained, further consultation will be undertaken to determine whether changes can be
made to the proposal that would secure majority agreement.
R18.4 If, after following the requirements of subclauses R18.1 to R18.3, majority agreement cannot
be reached, the head of service may only introduce the change if:
R18.4.1 The change can be adequately resourced, taking into consideration:
R18.4.1 (a) workloads;
R18.4.1 (b) the health, safety and wellbeing of affected employees;
R18.4.1 (c) any individual requests from employees to have their personal
circumstances considered;
R18.4.2 the head of service has:
R18.4.2 (a) outlined the business need for the change;
Page 168 of 260
R18.4.2 (b) demonstrated that alternative options have been canvassed, but
cannot as effectively meet business needs;
R18.4.3 affected employees have been provided a minimum 6 months' notice. Such
notice will be provided to employees in writing, stating the date the change
will come into effect.
R18.4.3 (a) If there is a sufficient number of employees that agree to
participate on a voluntary basis to allow for a full or partial
introduction of the new arrangement taking into account
backfilling requirements, or the head of service recruits additional
resources that would meet the requirement for partial or full
introduction of the new arrangement, the partial or full new
arrangement can be introduced with less than 6 months' notice as
agreed with those employees, provided that the requirements
under subclause R18.4.1 can be met.
R18.5 The purpose of the process in this clause is to as far as possible seek majority agreement and to
avoid the need for the introduction of the change through subclause R18.4. There is no limit on
the number of ballots that can be conducted to seek majority agreement.
R18.6 The notice period in accordance with subclause R18.4.3 will not commence before the
requirements of subclauses R18.4.1 and R18.4.2 have been met
CALVARY HEALTH CARE ACT Ltd
R19 - APPLICATION
R19.1 Clauses R20 - to R27 - apply only to those employees employed by the Calvary Health Care ACT
Ltd (referred to in the following clauses as “Calvary”).
R20 - 12 HOUR SHIFT ROSTER PATTERN – WARD SERVICES, CALVARY HOSPITAL
Application
R20.1 This clause will apply only to persons who are employed as Wards Support Officers at Calvary
Health Care ACT Ltd and who are working on the Ward Roster. Except as varied by this clause,
the provisions of this Agreement will apply to all persons employed as Wards Support Officers
at Calvary Health Care ACT Ltd.
R20.2 For the purposes of this clause only the following definitions apply:
R20.2.1 ‘Twelve Hour Shift Work’ – means a shift roster system consisting of two twelve-
hour shifts in twenty-four hours in a roster that is worked over any seven days of
the week.
R20.2.2 ‘Night shift’ – means any shift finishing after midnight and at/or before 7:00 am.
R20.2.3 ‘Day shift’ - means any shift worked exclusively between 7:00 am and 7:00 pm.
R20.2.4 ‘Day’ – means a 12-hour period, for the purpose of calculation of leave
entitlements and granting of leave.
Hours – Continuous Work Shifts
R20.3 Ordinary hours will not exceed:
R20.3.1 13 hours in any one shift;
R20.3.2 80 hours in 14 consecutive days; or
R20.3.3 152 hours in 28 consecutive days.
Rosters and Variations
R20.4 Roster variation provisions are contained in subclause B15.9 of this Agreement.
Page 169 of 260
R20.5 Rostered shifts should not normally occur where there is less than a twelve-hour break
between the conclusion of one shift and the commencement of the next.
Meal Breaks
R20.6 Despite provisions that may be contained elsewhere in this Agreement, for persons working in
accordance with this clause there will be two separate meal breaks of thirty minutes on each
shift without deduction from pay. Timing of meal breaks will be fixed following consultation
between the employee and employer. An employee will not be required to work more than five
hours without a meal break, unless a common starting time requires the staggering of meal
breaks.
Leave Conditions
R20.7 In addition to clause E7 - (Annual Leave) and clause E4 - (Personal Leave), deduction of annual
and personal leave will be by the hour.
R20.8 In addition to clause E12 - (Compassionate Leave), compassionate leave will generally be taken
by the day. A ‘day’ for this purpose is 12 hours. Part day absences will be deducted in hours of
leave actually taken.
R20.9 In addition to clause E10 - (Public Holidays), an employee rostered off duty on a Public Holiday will
be granted a day off in lieu. For the purpose of this clause a ‘day’ is 12 hours.
Penalty Rates
R20.10 There will be no penalty rates on the weekday day shifts. In all other cases the rates specified in
the table below will apply.
Penalties:
Night [WHOLLY OR PART WITHIN 7PM – 7AM]
Saturday
Sunday
Public Holiday
Rostered off on Public Holiday
25%
50%
100%
150%
100%
Overtime
R20.11 Overtime duty should normally not be performed where it will fall within a period of twelve
hours on either side of a rostered shift.
R20.12 In all but highly exceptional circumstances, the maximum length of time an employee should have
to remain on overtime duty continuous with a rostered shift is two hours.
R21 - LEGAL SUPPORT
R21.1 Where an employee is directed or legally obliged to take part in legal proceedings arising
directly from the lawful discharge of their duties, Calvary Hospital will provide support,
assistance and representation, as necessary, at no cost to the employee.
R21.2 Under this section, legal proceedings are those occurring in relation to:
R21.2.1 Coronial inquests.
R21.2.2 Medical/professional malpractice or medical/professional negligence allegations.
R21.2.3 Formal industrial and employment matter proceedings other than those instituted by
the employee or against the employee by the Government.
R21.3 However, the unions and other employee representatives agree that where an employee is
involved in legal proceedings as a result of their initiating action against the employer or the
government for any reason, the employer taking action arising from misconduct by the employee or
Page 170 of 260
as a result of criminal charges being laid against them, the Hospital does not have a responsibility to
provide support or assistance to the employee.
R22 - AMENITIES
R22.1 The employer will provide for the use of employees:
R22.1.1 separate facilities for male and female employees;
R22.1.2 a suitable change room and adequate washing and toilet facilities; and
R22.1.3 a full length locker fitted with lock and key or other suitable place the safe keeping
of clothing and personal effects of each employee.
R23 - APPEAL MECHANISM FOR MISCONDUCT AND OTHER MATTERS
R23.1 The appeal mechanism set out in Section J of this Agreement does not apply to matters that
arise in Calvary.
R23.2 Matters that would otherwise be subject to the appeal provisions in Section J of this Agreement
should in the first instance be referred to Calvary as an employer and if left unresolved should
be referred to the Fair Work Commission in accordance with the Dispute Avoidance/Settlement
Procedures in clause G6 - of this Agreement.
R24 - CONVENOR OF APPEALS
R24.1 The reference to the Head of Service in subclause K2.1 is to be read as a reference to Calvary
R25 - TRANSITION OF FORMER CALVARY EMPLOYEES
R25.1 This clause applies to Former Calvary Employees only.
R25.2 For the purpose of this clause, ‘Former Calvary Employee’ means a person who was employed
by Calvary, or a related corporation of Calvary, at Calvary Public Hospital Bruce or Clare Holland
House, immediately before the Acquisition Day and accepted, or subsequently accepted, an
offer to transition their employment to the ACT Public Service under the Health Infrastructure
Enabling Act 2023 and Health Infrastructure Enabling Regulation 2023.
R25.3 For the purpose of this clause, ‘Acquisition Day’ means 3 July 2023.
R25.4 For the purpose of this clause, ‘Ordinary Place of Work’ means:
R25.4.1 for Former Calvary Employees who worked at, or from, Calvary Public Hospital
Bruce, the North Canberra Hospital.
R25.4.2 for Former Calvary Employees who worked at, or from, Clare Holland House
Barton, Clare Holland House.
R25.5 For the purpose of this clause, ‘Service’ means a service or function delivered at, or from, the
North Canberra Hospital or Clare Holland House immediately before Acquisition day, and the
roles/positions which deliver that Service.
Ordinary Place of Work
R25.6 Former Calvary Employees will remain working at their Ordinary Place of Work unless they
have volunteered to work at another site through standard operational mechanisms.
R25.7 For clarity, Former Calvary Employees will only be required to participate on rosters (including
on-call/recall or close-call) at their Ordinary Place of Work, unless the Former Calvary Employee
was participating on other rosters immediately before the Acquisition Day.
R25.8 In circumstances where the head of service proposes to move a Service from the North
Canberra Hospital, Bruce Campus or from Clare Holland House to a different site, and the
moving of that Service would affect a Former Calvary Employee because their
role/position/roster moves with the Service, the head of service must:
Page 171 of 260
R25.8.1 write to the Former Calvary Employee setting out in detail the proposed changes.
R25.8.2 state that there is no requirement for the Former Calvary Employee to agree to
move to a different site.
R25.8.3 state that the Former Calvary Employee may seek independent advice.
R25.9 The Former Calvary Employee must provide their response to the proposed changes in writing.
R25.10 If the Former Calvary Employee does not agree to move to a different site, they will remain
working at their Ordinary Place of Work and may be transferred to an alternate position at
their Ordinary Place of Work. For clarity, nothing in this clause prevents or restricts the
operation of the Redeployment and Redundancy provisions under section L where the Former
Calvary Employee declines a proposal to move.
R25.11 If the Former Calvary Employee agrees to move to a different site, this clause will cease to
apply to the Former Calvary Employee in respect of any future head of service requests to
move to a different site.
R25.12 For clarity, this clause does not prevent the head of service from moving a Service from the
North Canberra Hospital or Clare Holland House to a different site. The consultation process
established in clause F1 - applies.
R25.13 For clarity, this clause does not apply to a Former Calvary Employee who is directed to
undertake working arrangements in response to an event or series of events, or activities
declared to be a significant emergency event, in writing, by the head of service.
R25.14 Any employment related disputes arising out of the application of this clause or sections 5(3) or
5(4) of the Health Infrastructure Enabling Regulation 2023 (as amended from time to time) may
be addressed through the Dispute Avoidance/Settlement Procedures outlined at subclause F6 -.
R26 - CANBERRA HOSPITAL EMPLOYEES
R26.1 For the purpose of this clause, ‘Canberra Hospital employees’ means ACTPS employees of
Canberra Health Services whose normal place of work is The Canberra Hospital campus and
does not include Former Calvary Employees as defined at R25.2.
R26.2 For the purposes of this clause, ‘Transition Period’ means 3 July 2023 to 2 July 2024.
R26.3 Canberra Hospital employees will not be required to provide ad-hoc shift cover or participate
on rosters (including on-call/recall or close-call) at North Canberra Hospital or Clare Holland
House during the Transition Period unless they have volunteered to do so through standard
operational mechanisms.
R26.4 Notwithstanding R26.3, if the head of service has operational requirements to ensure safe
coverage of a service at the North Canberra Hospital or Clare Holland House and volunteer
capacity has been exhausted, the head of service can require a Canberra Hospital employee to
provide ad-hoc shift cover during the Transition Period.
R26.4.1 Any affected employee under R26.4 will be consulted and provided a genuine
opportunity to discuss their participation in the operational requirement prior to
decisions being made.
R26.5 In circumstances where the head of service proposes to move a service from Canberra Hospital
to North Canberra Hospital or Clare Holland House, and the moving of the service would affect
a Canberra Hospital employee because their role/position/roster moves with the service, the
consultation process established in clause F1 applies.
R27 - Superannuation for Former Calvary Employees
R27.1 This clause only applies to Former Calvary Employees as defined at R25.2 who were members
of the Public Sector Superannuation Accumulation Plan (PSSap) immediately before Acquisition
Day.
Page 172 of 260
R27.2 The head of service must provide employer contributions to the PSSap equivalent to the PSSap
employer contribution rate specified by legislation immediately before Acquisition Day (15.4%).
Note: this clause will cease to apply when the employer contributions at clause D7 - equals or
exceeds 15.4%.
R27.3 For clarity, employer contributions at D7.5 do not apply whilst this clause applies.
Page 173 of 260
Section S Justice and Community Safety Directorate Specific Matters
S1 - APPLICATION
S1.1 Section S applies to employees employed in the Justice and Community Safety Directorate.
S2 - REIMBURSEMENT OF TRADE AND TECHNICAL LICENCES AND PROFESSIONAL FEES
S2.1 The head of service may approve the reimbursement of fees incurred by officers, and fixed long
term employees employed in the Justice and Community Safety Directorate, other than those
employed in the Office of the Director of Public Prosecutions for the maintenance of trade and
technical licences and professional affiliations that the head of service deems necessary and/or
relevant for the employee to hold in order to undertake their duties.
S2.2 The employee will require prior approval from the head of service before incurring any
expenses in relation to trade and technical licences or professional fees for which
reimbursement will subsequently be sought.
S2.3 Nothing in this clause prohibits the fees and licences payable under this clause being paid
directly to the issuing body rather than on a reimbursement basis.
Page 174 of 260
Section T Transport Canberra and City Services Directorate Specific Matters
T1 - APPLICATION
T1.1 Section T applies to employees employed in the Transport Canberra and City Services (TCCS)
Directorate.
T2 - WORKPLACE HEALTH AND SAFETY
T2.1 TCCS and its workers will continue to promote a safe and healthy workplace through its
Workplace Health and Safety Committee in accordance with the Work Health and Safety Act
2011. Accordingly, TCCS will work with its employees to foster a healthy workplace by
promoting safe work practices and encouraging a strong safety culture to thrive. This will
include, but not be limited to, providing relevant Work Health and Safety accredited training
and refresher courses.
T3 - TIME OFF IN LIEU
T3.1 Despite subclause C9.15, Time off in Lieu (TOIL) may be accrued on an hour for hour basis at
the request of the employee. An employee may access their TOIL credit following agreement
with their supervisor/manager.
T4 - LEAVE LOADING FOR SHIFT WORKERS
T4.1 Despite subclause E8.7.2 a designated shift worker can advise in January by email to the Payroll
area that they:
T4.1.1 elect to have their loading of 17.5% paid in lieu of penalties while on annual leave;
and
T4.1.2 no claim for penalties will be made on timesheets during their annual leave
periods; and
T4.1.3 once a decision is made they cannot change their decision during that year.
CITY SERVICES
T5 - APPLICATION
T5.1 Clause T6 - applies to employees in the City Services (CS) business unit.
T6 - ARRANGEMENTS SPECIFIC TO FIELD STAFF
Movement of staff between Depots
T6.1 Subject to Workplace Health and Safety considerations, the morning tea break will not
necessitate employees returning to a depot. Morning tea will customarily be held on the job.
T6.2 A minimum period of five working days notice period (to the employee and their employee
representative) is required to permanently move an employee between depots.
T6.3 For the purposes of subclause T6.2, CS will provide a daily or weekly Travel Allowance to an
employee to whom subclause T6.2 applies. The Travel Allowance is found in Annex C. The Travel
Allowance will only be paid for up to two weeks.
T6.4 The employee may raise objections to the proposed movement between depots for legitimate
personal concerns or family commitments.
T6.5 Any question, dispute or difficulty arising under this clause is to be dealt with in accordance
with the Dispute Resolution Procedures within this agreement. While any question, dispute or
difficulty under this clause is negotiated, work will continue as normal.
T6.6 Non-permanent employees will be moved between depots prior to the movement of
permanent employees subject to skills required.
Page 175 of 260
CANBERRA CEMETERIES
T7 - APPLICATION
T7.1 Clause T8 - applies to employees in Canberra Cemeteries business unit.
T8 - WORK AT ANY LOCATION
T8.1 All employees will assist in the management and operation of all cemeteries. Employees may
be directed to work permanently or temporarily at any cemetery, including starting work and
finishing work at the relevant cemetery. Allowances will not be paid in respect of any work
relocation.
Page 176 of 260
Section U Office of the Work, Health and Safety Commissioner
U1 - APPLICATION
U1.1 Section U applies to all employees employed by the Office of the Work Health and Safety
Commissioner.
U2 - COMMITMENT TO ONGOING DEVELOPMENT
U2.1 The Agency is committed to the ongoing learning and development of its employees and will
encourage and assist all employees to attain and maintain appropriate skills.
U3 - WORK HEALTH AND SAFETY INITIATIVE
U3.1 The Agency and its workers will continue to promote a physically and psychologically safe and
healthy workplace in accordance with the Work Health and Safety Act 2011.
U3.2 The Agency will:
U3.2.1 work with its employees to foster a healthy workplace by promoting safe work
practices and encouraging a strong safety culture to thrive; this may include, but
not be limited to, providing relevant accredited training and refresher courses
where required;
U3.2.2 in consultation with employees, and/or their representatives, monitor WHS issues
and develop, maintain and enforce policies and strategies;
U3.2.3 make available funding within budget for activities and resources where
appropriate to address prevailing WHS issues; this may include, but not be limited
to, personal protective equipment, ergonomic workplace assessments and
preventative exercises to minimise risk of musculoskeletal injuries arising from
manual handling;
U3.2.4 make available annual influenza vaccinations to all employees; and
U3.2.5 provide employees and their immediate families access to EAP services.
REGULATORY OFFICERS
U4 - APPLICATION
U4.1 Clauses U5 - to U9 - apply to all employees employed by the Office of the Work Health and
Safety Commissioner who perform the functions of an authorised officer under the Regulatory
Inspector (Work Cover Officer) classification stream.
U5 - COMMITMENT TO PROFESSIONALISM
U5.1 The Agency will encourage and assist Regulatory Inspectors to attain and maintain skills and
qualifications (where relevant) that are essential to their operations as authorised officers.
U5.2 The Agency will continue to offer relevant function specific training where appropriate. The
Office of the Work Health and Safety Commissioner will continue to offer training
commensurate with functions, such as Inspectors obtaining relevant formal qualifications as
well as relevant function specific training.
U6 - REGULATORY CLASSIFICATION
U6.1 Where applicable, technical and /or professional qualifications will be required for positions.
U7 - LEVEL ADVANCEMENT - INSPECTORS
U7.1 An officer at the Regulatory Inspector 5 level who is appointed as an authorised officer under
legislation administered by the Office of the Work Health and Safety Commissioner may be
Page 177 of 260
substantively advanced to the base salary point of the Regulatory Inspector 6 where the
Delegate is satisfied the officer:
U7.1.1 possesses relevant tertiary qualifications equivalent to a Diploma or higher;
U7.1.2 is undertaking duties consistent with the prescribed Work Level Standard and is
performing at the fully competent level;
U7.1.3 has successfully completed or is in the process of completing on the job and/or
competency based training provided consistent with the Office of the Work Health
and Safety Commissioner’s capability development priorities.
U7.2 Advancement beyond the base salary point of Regulatory Inspector 6 will be in accordance with
the general provisions for advancement through salary increments set out in Section C of this
Agreement.
U8 - INDIVIDUAL ASSESSMENT PROCESS
U8.1 Eligible officers may apply for level advancement. Applications for level advancement must be
made in writing to the relevant delegate.
U8.2 Applicants for level advancement will be required to submit a formal application against the
selection criteria in the same way as for competitive merit selection. Applicants will be required
to undergo an assessment and selection process. Applicants will be selected for level
advancement on the basis of their application and the subsequent assessment process.
U8.3 Successful applicants may be substantively advanced to the base salary point of the Regulatory
Inspector 6 following the assessment process on the date the delegate approves the
advancement.
U8.4 The outcomes of the assessment process for level advancement are not appellable on merit
grounds.
U9 - INSPECTORATE SERVICE DELIVERY REQUIREMENTS
General Intent
U9.1 To ensure the ongoing delivery of services to the ACT community, it is important that relevant
areas of the Office of the Work Health and Safety Commissioner can allocate the hours of its
workforce to uphold community safety and trust and meet customer expectations and
operational requirements whilst accommodating employees’ work/life balance and health and
safety.
U9.2 These provisions have been developed to ensure clear understanding and clarity regarding the
operational requirements of the Inspectorate and to ensure consistency across the Agency.
U9.3 For the purposes of this Section, “relevant areas” refers to areas within the inspectorate which
perform the functions of authorised officers under the Regulatory Inspector (Work Cover
Officer) classification stream.
Hours of Work
U9.4 Due to the service delivery requirements of the Office of the Work Health and Safety
Commissioner, there is a need for a minimum of 1 (one) suitably skilled employee to cover the
AM phone roster and a minimum of 1 (one) suitably skilled employee to cover the PM phone
roster to respond to enquiries received via the Access Canberra contact centre. The standard
hours of work for the phone roster, with the exception of Public Holidays and Christmas
shutdown, fall between:
U9.4.1 Monday to Friday: 08:30 to 16:51
U9.5 Should there exist a requirement to alter the phone roster hours outside of the hours of work
outlined in subclauses U9.4 of this Schedule, then clause B17 - of the Agreement will apply.
Page 178 of 260
U9.6 Further requirement for relevant employees to be in a state of readiness to be recalled to duty
and respond to incidents outside of the hours outlined in subclause U9.4.1 as pre-arranged
with their supervisor will be in accordance with relevant on-call provisions as per clause C13 -
of the Agreement.
U9.7 Balanced with the ACT Government’s need to provide services to the community is the health
and safety of staff, it is expected that hours of work are arranged consistently with workplace
health and safety requirements. Rest relief shall be arranged in such a manner that there are
adequate resources available to accommodate for rest relief absences in accordance with
clause C15 - of the Agreement.
Page 179 of 260
Section V Additional Agreed Technical and Other Professional Matters
V1 - ENGINEERING SERVICES AND OTHER TECHNICAL PROFESSIONALS CLASSIFICATION
REVIEW
V1.1 A review of the classification structure of engineers, architects and other technical
professionals related to capital works and infrastructure engaged by the ACTPS, will be
undertaken by an Engineering Services Review Committee (ESRC) during the life of this
Agreement.
V1.2 The purpose of the review is to ensure that the classification structure of engineers, architects
and other technical professionals sufficiently supports the Chief Engineer’s workforce plan, the
implementation of engineering registration and the ACTPS objective to remain a supportive,
competitive employer of professional engineers, architects and other technical professionals.
V1.3 The ESRC shall meet shortly following the commencement of this Agreement. At the first ESRC
meeting the terms of reference, schedule of meetings and project plan will be established. The
terms of reference may further define the composition of the committee.
V1.4 The ESRC will be co-chaired by a Union and Government representative and shall comprise of
the following members:
V1.4.1 One representative nominated by Professionals Australia, who shall be the Union
co-chair of the ESRC.
V1.4.2 The ACT Chief Engineer, who will be the Government co-chair of the ESRC.
V1.4.3 One directorate representative from Major Projects Canberra (MPC).
V1.4.4 One directorate representative from Transport Canberra City Services (TCCS).
V1.4.5 One directorate representative from Environment, Planning and Sustainable
Development Directorate (EPSDD).
V1.4.6 One representative from the Office of Industrial Relations and Workforce Strategy
(OIRWS).
V1.5 In undertaking the review, the ESRC will consider the following matters:
V1.5.1 Conduct a review of the IM/IS/IO classification.
V1.5.2 The relevant training and development required for engineers, architects and
other technical professionals are to be included in Learning and Development
Plans established under annual performance agreements under the ACTPS
Performance Management framework.
V1.5.3 Benchmark employment conditions and salary for professional engineering roles
across the ACTPS against private sector, the Commonwealth, and other State and
Territory Governments.
V1.5.4 Consider the impact of and make recommendations on the implementation of
registration under the Professional Engineers Act 2022.
V1.5.5 Consider the work undertaken by the Engineering Workforce Plan and the changes
to classification structures that may best support the development of the ACTPS’
engineering and technical professional capability.
V1.6 The ESRC shall be provided a secretariat function by the ACT Chief Engineer.
V1.7 The ESRC will produce a set of recommendations for consideration by the Government.
Page 180 of 260
Section W ‘Low Wage’ Salary Floor Increases and Classification Review
W1 - ‘Low Wage’ Salary Floor Increases
W1.1 Clause W1 -applies to employees engaged in the following classifications:
W1.1.1 Cadet – practical training,
W1.1.2 Cadet professional officer – practical training,
W1.1.3 Information communications technology trainee,
W1.1.4 Sterilising services health service officer level 3/4,
W1.1.5 Trainee.
W1.2 From the commencement of this Agreement employees will receive applicable pay rates
available in Annex A and subject to increases set out in subclause C2.2 .
W1.3 From 5 December 2024 the minimum full-time salary of classifications listed in subclause W1.1
will be $62,860.
W1.4 For the purposes of subclause W1.3, any classifications that are listed as a percentage of a
classification receiving a full time salary will be adjusted accordingly in line with this
percentage.
W2 - ‘Low Wage’ Classification Review
W2.1 A classification review known as the ‘Low Wage’ Classification Review is to be undertaken and
give effect to the Government’s commitment in response to the Community and Public Sector
Union (CPSU)’s ‘Fair Go for Women’ claim.
W2.2 This review is to commence no later than December 2024 and be conducted over the life of this
Agreement.
W2.3 Clause W2 -applies to employees engaged in the following classifications:
W2.3.1 Cadet – practical training,
W2.3.2 Cadet professional officer – practical training,
W2.3.3 Sterilising services health service officer level 3/4,
W2.3.4 Other classification as agreed by Government and the parties.
W2.4 The parties of this Agreement and the Office of Industrial Relations and Workforce Strategy
(OIRWS) will meet to determine the terms of reference and operational arrangements for this
review prior to commencement.
Page 181 of 260
Section X Transitional Arrangements for Professional Officer 1.1 and 1.2
X1.1 Upon commencement of this agreement employees will transition from classification
increments Professional Officer 1.1 and 1.2 to the classification increment Professional Officer
1.3.
X1.2 The following table identifies how employees will transition between increments. The
transition between Professional Officer 1.1 and 1.2 to the classification increment Professional
Officer 1.3 will occur on a point-to-point basis from the increments identified in Column A to
the corresponding increment identified in Column B.
Column A
Classification increments as of 9 June
2022
Column B
Effective from agreement
commencement
Professional Officer Professional Officer
1.1
1.3 1.2
1.3
1.4 1.4
1.5 1.5
1.6 1.6
1.7 1.7
Page 182 of 260
Section Y Transitional Arrangements for Technical Officer 1.1 and 1.2
Y1.1 Upon commencement Upon commencement of this agreement employees will transition from
classification increments Technical Officer 1.1 and 1.2 to the classification increment Technical
Officer 1.3.
Y1.2 The following table identifies how employees will transition between increments. The
transition between Technical Officer 1.1 and 1.2 to the classification increment Technical
Officer 1.3 will occur on a point-to-point basis from the increments identified in Column A to
the corresponding increment identified in Column B.
Column A
Classification increments as of 9 June
2022
Column B
Effective from agreement
commencement
Technical Officer Technical Officer
1.1
1.3 1.2
1.3
1.4 1.4
Page 183 of 260
ANNEX A – CLASSIFICATIONS AND RATES OF PAY
CLASSIFICATION
Pay Rates
as at
9.6.22
$1,750
from
05/01/2023
1% from
08/06/2023
$1,750
from
07/12/2023
1.50% from
06/06/2024
1% + $1,500
from
05/12/2024
1% from
05/06/2025
1% + $1,000
from
04/12/2025
CADET
Cadet - practical training $53,868 $55,618 $56,174 $57,924 $58,793 $62,860* $63,489 $65,124
$55,585 $57,335 $57,908 $59,658 $60,553 $62,860* $63,489 $65,124
$57,027 $58,777 $59,365 $61,115 $62,031 $64,152 $64,793 $66,441
$59,258 $61,008 $61,618 $63,368 $64,319 $66,462 $67,126 $68,798
Cadet - full-time study
$30,704 $31,702 $32,019 $33,017 $33,512 $35,830* $36,189 $37,121
(57% of practical training) $31,683 $32,681 $33,008 $34,005 $34,515 $35,830* $36,189 $37,121
CADET PROFESSIONAL OFFICER
Cadet Professional Officer - practical training $53,868 $55,618 $56,174 $57,924 $58,793 $62,860* $63,489 $65,124
$55,585 $57,335 $57,908 $59,658 $60,553 $62,860* $63,489 $65,124
$57,027 $58,777 $59,365 $61,115 $62,031 $64,152 $64,793 $66,441
$59,258 $61,008 $61,618 $63,368 $64,319 $66,462 $67,126 $68,798
Cadet Professional Officer - full-time study $30,704 $31,702 $32,019 $33,017 $33,512 $35,830* $36,189 $37,121
(57% of practical training rate) $31,683 $32,681 $33,008 $34,005 $34,515 $35,830* $36,189 $37,121
$32,502 $33,503 $33,838 $34,835 $35,358 $36,567 $36,932 $37,872
$33,777 $34,775 $35,122 $36,120 $36,662 $37,883 $38,262 $39,215
*In addition to the salary increase applied on 5 December 2024, the minimum full time equivalent salary for classifications in Annex A is moved to $62,860
Page 184 of 260
CLASSIFICATION
Pay Rates
as at
9.6.22
$1,750
from
05/01/2023
1% from
08/06/2023
$1,750
from
07/12/2023
1.50% from
06/06/2024
1% + $1,500
from
05/12/2024
1% from
05/06/2025
1% + $1,000
from
04/12/2025
CHILD AND YOUTH PROTECTION PROFESSIONAL
Child and Youth Protection Professional Level 1 $73,505 $75,255 $76,008 $77,758 $78,924 $81,213 $82,025 $83,846
$78,014 $79,764 $80,562 $82,312 $83,546 $85,882 $86,741 $88,608
$82,674 $84,424 $85,268 $87,018 $88,324 $90,707 $91,614 $93,530
$92,131 $93,881 $94,820 $96,570 $98,018 $100,499 $101,504 $103,519
Child and Youth Protection Professional Level 2 $78,014 $79,764 $80,562 $82,312 $83,546 $85,882 $86,741 $88,608
$82,674 $84,424 $85,268 $87,018 $88,324 $90,707 $91,614 $93,530
$92,131 $93,881 $94,820 $96,570 $98,018 $100,499 $101,504 $103,519
$97,143 $98,893 $99,882 $101,632 $103,156 $105,688 $106,745 $108,812
$99,542 $101,292 $102,305 $104,055 $105,616 $108,172 $109,254 $111,346
$105,024 $106,774 $107,842 $109,592 $111,236 $113,848 $114,986 $117,136
Child and Youth Protection Professional Level 3 $107,887 $109,637 $110,733 $112,483 $114,171 $116,812 $117,980 $120,160
$110,333 $112,083 $113,204 $114,954 $116,678 $119,345 $120,538 $122,744
$113,381 $115,131 $116,282 $118,032 $119,803 $122,501 $123,726 $125,963
Salary barrier $116,671 $118,421 $119,605 $121,355 $123,176 $125,907 $127,166 $129,438
$118,728 $120,478 $121,683 $123,433 $125,284 $128,037 $129,317 $131,611
Child and Youth Protection Professional Level 4 $123,373 $125,123 $126,374 $128,124 $130,046 $132,847 $134,175 $136,517
$132,376 $134,126 $135,467 $137,217 $139,276 $142,168 $143,590 $146,026
Child and Youth Protection Professional Level 5 $142,095 $143,845 $145,283 $147,033 $149,239 $152,231 $153,754 $156,291
$149,267 $151,017 $152,527 $154,277 $156,591 $159,657 $161,254 $163,866
$159,543 $161,293 $162,906 $164,656 $167,126 $170,297 $172,000 $174,720
Child and Youth Protection Professional Level 6 $164,490 $166,240 $167,902 $169,652 $172,197 $175,419 $177,173 $179,945
Page 185 of 260
CLASSIFICATION
Pay Rates
as at
9.6.22
$1,750
from
05/01/2023
1% from
08/06/2023
$1,750
from
07/12/2023
1.50% from
06/06/2024
1% + $1,500
from
05/12/2024
1% from
05/06/2025
1% + $1,000
from
04/12/2025
FACILITIES TECHNICAL OFFICER
Facilities Technical Officer Level 1 $62,599 $64,349 $64,992 $66,742 $67,744 $69,921 $70,620 $72,326
$64,109 $65,859 $66,518 $68,268 $69,292 $71,485 $72,199 $73,921
$65,631 $67,381 $68,055 $69,805 $70,852 $73,060 $73,791 $75,529
Facilities Technical Officer Level 2 $67,760 $69,510 $70,205 $71,955 $73,034 $75,265 $76,017 $77,778
$72,671 $74,421 $75,165 $76,915 $78,069 $80,350 $81,153 $82,965
$77,593 $79,343 $80,136 $81,886 $83,115 $85,446 $86,300 $88,163
Facilities Technical Officer Level 3 $79,105 $80,855 $81,664 $83,414 $84,665 $87,011 $87,882 $89,760
$84,248 $85,998 $86,858 $88,608 $89,937 $92,336 $93,260 $95,192
$89,398 $91,148 $92,059 $93,809 $95,217 $97,669 $98,645 $100,632
HOSPITAL TECHNICAL OFFICER
Calvary Hospital Technical Services Officer $91,315 $93,065 $93,996 $95,746 $97,182 $99,654 $100,650 $102,657
$93,530 $95,280 $96,233 $97,983 $99,453 $101,947 $102,967 $104,996
$96,016 $97,766 $98,744 $100,494 $102,001 $104,521 $105,566 $107,622
$100,714 $102,464 $103,489 $105,239 $106,817 $109,385 $110,479 $112,584
$104,509 $106,259 $107,322 $109,072 $110,708 $113,315 $114,448 $116,592
Salary barrier $114,928 $116,678 $117,845 $119,595 $121,389 $124,103 $125,344 $127,597
$123,710 $125,460 $126,715 $128,465 $130,392 $133,195 $134,527 $136,873
Page 186 of 260
CLASSIFICATION
Pay Rates
as at
9.6.22
$1,750
from
05/01/2023
1% from
08/06/2023
$1,750
from
07/12/2023
1.50% from
06/06/2024
1% + $1,500
from
05/12/2024
1% from
05/06/2025
1% + $1,000
from
04/12/2025
INFORMATION TECHNOLOGY OFFICER
Information Communications Technology Trainee $53,868 $55,618 $56,174 $57,924 $58,793 $62,860* $63,489 $65,124
$55,585 $57,335 $57,908 $59,658 $60,553 $62,860* $63,489 $65,124
$60,620 $62,370 $62,994 $64,744 $65,715 $67,872 $68,551 $70,236
Information Technology Officer Class 1 $73,920 $75,670 $76,427 $78,177 $79,349 $81,643 $82,459 $84,284
$76,255 $78,005 $78,785 $80,535 $81,743 $84,061 $84,901 $86,750
$78,591 $80,341 $81,144 $82,894 $84,138 $86,479 $87,344 $89,217
$80,566 $82,316 $83,139 $84,889 $86,162 $88,524 $89,409 $91,303
$82,566 $84,316 $85,159 $86,909 $88,213 $90,595 $91,501 $93,416
$84,144 $85,894 $86,753 $88,503 $89,830 $92,229 $93,151 $95,083
Information Technology Officer Post Graduate $84,749 $86,499 $87,364 $89,114 $90,451 $92,855 $93,784 $95,722
$87,315 $89,065 $89,956 $91,706 $93,081 $95,512 $96,467 $98,432
$89,705 $91,455 $92,370 $94,120 $95,531 $97,987 $98,967 $100,956
Information Technology Officer Class 2 $91,315 $93,065 $93,996 $95,746 $97,182 $99,654 $100,650 $102,657
$93,530 $95,280 $96,233 $97,983 $99,453 $101,947 $102,967 $104,996
$96,016 $97,766 $98,744 $100,494 $102,001 $104,521 $105,566 $107,622
$100,714 $102,464 $103,489 $105,239 $106,817 $109,385 $110,479 $112,584
$104,509 $106,259 $107,322 $109,072 $110,708 $113,315 $114,448 $116,592
*In addition to the salary increase applied on 5 December 2024, the minimum full time equivalent salary for classifications in Annex A is moved to $62,860
Page 187 of 260
Senior Information Technology Officer Grade C $114,928 $116,678 $117,845 $119,595 $121,389 $124,103 $125,344 $127,597
$123,710 $125,460 $126,715 $128,465 $130,392 $133,195 $134,527 $136,873
Senior Information Technology Officer Grade B $135,355 $137,105 $138,476 $140,226 $142,329 $145,253 $146,705 $149,172
$142,352 $144,102 $145,543 $147,293 $149,502 $152,497 $154,022 $156,563
$152,377 $154,127 $155,668 $157,418 $159,780 $162,877 $164,506 $167,151
Senior Information Technology Officer Grade A $157,201 $158,951 $160,541 $162,291 $164,725 $167,872 $169,551 $172,246
Page 188 of 260
CLASSIFICATION
Pay Rates
as at
9.6.22
$1,750
from
05/01/2023
1% from
08/06/2023
$1,750
from
07/12/2023
1.50% from
06/06/2024
1% + $1,500
from
05/12/2024
1% from
05/06/2025
1% + $1,000
from
04/12/2025
INFRASTRUCTURE OFFICER
Infrastructure Officer 1 $75,792 $77,542 $78,317 $80,067 $81,268 $83,581 $84,417 $86,261
$80,418 $82,168 $82,990 $84,740 $86,011 $88,371 $89,255 $91,147
$85,797 $87,547 $88,422 $90,172 $91,525 $93,940 $94,880 $96,829
$89,551 $91,301 $92,214 $93,964 $95,373 $97,827 $98,805 $100,794
Infrastructure Officer 2 $91,428 $93,178 $94,110 $95,860 $97,298 $99,771 $100,768 $102,776
$94,007 $95,757 $96,715 $98,465 $99,942 $102,441 $103,465 $105,500
$96,569 $98,319 $99,302 $101,052 $102,568 $105,094 $106,145 $108,206
$100,809 $102,559 $103,585 $105,335 $106,915 $109,484 $110,579 $112,684
$105,186 $106,936 $108,005 $109,755 $111,402 $114,016 $115,156 $117,307
Infrastructure Officer 3 $115,193 $116,943 $118,112 $119,862 $121,660 $124,377 $125,621 $127,877
$123,824 $125,574 $126,830 $128,580 $130,508 $133,314 $134,647 $136,993
$126,450 $128,200 $129,482 $131,232 $133,200 $136,032 $137,393 $139,767
Infrastructure Officer 4 $136,524 $138,274 $139,657 $141,407 $143,528 $146,463 $147,928 $150,407
$146,727 $148,477 $149,962 $151,712 $153,987 $157,027 $158,598 $161,184
$155,109 $156,859 $158,428 $160,178 $162,580 $165,706 $167,363 $170,037
Infrastructure Officer 5 $163,315 $165,065 $166,716 $168,466 $170,993 $174,203 $175,945 $178,704
Page 189 of 260
INFRASTRUCTURE MANAGER/ SPECIALIST
Infrastructure Manager/Specialist 1 $175,124 $176,874 $178,643 $180,393 $183,099 $186,430 $188,294 $191,177
Infrastructure Manager/Specialist 2 $187,632 $189,382 $191,276 $193,026 $195,921 $199,380 $201,374 $204,388
Infrastructure Manager/Specialist 3 $200,140 $201,890 $203,909 $205,659 $208,744 $212,331 $214,455 $217,599
Page 190 of 260
CLASSIFICATION
Pay Rates
as at
9.6.22
$1,750
from
05/01/2023
1% from
08/06/2023
$1,750
from
07/12/2023
1.50% from
06/06/2024
1% + $1,500
from
05/12/2024
1% from
05/06/2025
1% + $1,000
from
04/12/2025
PARK RANGER
Park Ranger 1 $68,685 $70,435 $71,139 $72,889 $73,983 $76,223 $76,985 $78,755
$70,403 $72,153 $72,875 $74,625 $75,744 $78,001 $78,781 $80,569
$72,115 $73,865 $74,604 $76,354 $77,499 $79,774 $80,572 $82,377
$73,920 $75,670 $76,427 $78,177 $79,349 $81,643 $82,459 $84,284
Park Ranger 2 $76,255 $78,005 $78,785 $80,535 $81,743 $84,061 $84,901 $86,750
$78,591 $80,341 $81,144 $82,894 $84,138 $86,479 $87,344 $89,217
$80,566 $82,316 $83,139 $84,889 $86,162 $88,524 $89,409 $91,303
$82,566 $84,316 $85,159 $86,909 $88,213 $90,595 $91,501 $93,416
Senior Park Ranger 3 $84,749 $86,499 $87,364 $89,114 $90,451 $92,855 $93,784 $95,722
$87,315 $89,065 $89,956 $91,706 $93,081 $95,512 $96,467 $98,432
$89,705 $91,455 $92,370 $94,120 $95,531 $97,987 $98,967 $100,956
Page 191 of 260
CLASSIFICATION
Pay Rates
as at
9.6.22
$1,750
from
05/01/2023
1% from
08/06/2023
$1,750
from
07/12/2023
1.50% from
06/06/2024
1% + $1,500
from
05/12/2024
1% from
05/06/2025
1% + $1,000
from
04/12/2025
PROFESSIONAL OFFICER
Professional Officer Class 1 $64,473* $66,223* $66,885* $68,635*
$66,938* $68,688* $69,375* $71,125*
$70,680 $72,430 $73,154 $74,904 $76,028 $78,288 $79,071 $80,862
$75,224 $76,974 $77,744 $79,494 $80,686 $82,993 $83,823 $85,661
$80,303 $82,053 $82,874 $84,624 $85,893 $88,252 $89,134 $91,026
$85,285 $87,035 $87,905 $89,655 $91,000 $93,410 $94,344 $96,288
$89,398 $91,148 $92,059 $93,809 $95,217 $97,669 $98,645 $100,632
Professional Officer Class 2 $91,315 $93,065 $93,996 $95,746 $97,182 $99,654 $100,650 $102,657
$94,007 $95,757 $96,715 $98,465 $99,942 $102,441 $103,465 $105,500
$96,569 $98,319 $99,302 $101,052 $102,568 $105,094 $106,145 $108,206
$100,714 $102,464 $103,489 $105,239 $106,817 $109,385 $110,479 $112,584
$104,509 $106,259 $107,322 $109,072 $110,708 $113,315 $114,448 $116,592
Senior Professional Officer Grade C $114,928 $116,678 $117,845 $119,595 $121,389 $124,103 $125,344 $127,597
$123,710 $125,460 $126,715 $128,465 $130,392 $133,195 $134,527 $136,873
Senior Professional Officer Grade B $135,355 $137,105 $138,476 $140,226 $142,329 $145,253 $146,705 $149,172
$142,352 $144,102 $145,543 $147,293 $149,502 $152,497 $154,022 $156,563
$152,377 $154,127 $155,668 $157,418 $159,780 $162,877 $164,506 $167,151
*Employees employed in Professional Officer increments 1.1 and 1.2 will move to increment 1.3 upon the effective date of this enterprise agreement in accordance with clause X.
Page 192 of 260
Senior Professional Officer Grade A $157,201 $158,951 $160,541 $162,291 $164,725 $167,872 $169,551 $172,246
Senior Professional Officer $159,748 $161,498 $163,113 $164,863 $167,336 $170,509 $172,214 $174,937
(Engineering and Related A)
Page 193 of 260
CLASSIFICATION
Pay Rates
as at
9.6.22
$1,750
from
05/01/2023
1% from
08/06/2023
$1,750
from
07/12/2023
1.50% from
06/06/2024
1% + $1,500
from
05/12/2024
1% from
05/06/2025
1% + $1,000
from
04/12/2025
PUBLIC AFFAIRS OFFICER
Public Affairs Officer 1 $78,591 $80,341 $81,144 $82,894 $84,138 $86,479 $87,344 $89,217
(Public Relations Adviser Class 1) $82,284 $84,034 $84,874 $86,624 $87,924 $90,303 $91,206 $93,118
$85,977 $87,727 $88,604 $90,354 $91,710 $94,127 $95,068 $97,019
$89,705 $91,455 $92,370 $94,120 $95,531 $97,987 $98,967 $100,956
Public Affairs Officer 2 $95,010 $96,760 $97,728 $99,478 $100,970 $103,479 $104,514 $106,559
(Public Relations Adviser Class 2) $100,145 $101,895 $102,914 $104,664 $106,234 $108,796 $109,884 $111,983
$107,608 $109,358 $110,452 $112,202 $113,885 $116,523 $117,689 $119,866
Public Affairs Officer 3 $120,639 $122,389 $123,613 $125,363 $127,243 $130,016 $131,316 $133,629
(Public Relations Manager Class 1) $136,057 $137,807 $139,185 $140,935 $143,049 $145,980 $147,439 $149,914
$142,352 $144,102 $145,543 $147,293 $149,502 $152,497 $154,022 $156,563
Senior Public Affairs Officer 1 $152,377 $154,127 $155,668 $157,418 $159,780 $162,877 $164,506 $167,151
(Public Relations Manager Class 2)
Senior Public Affairs Officer 2 $159,748 $161,498 $163,113 $164,863 $167,336 $170,509 $172,214 $174,937
Page 194 of 260
CLASSIFICATION
Pay
Rates as
at 9.6.22
$1,750
from
05/01/2023
1% from
08/06/2023
$1,750
from
07/12/2023
1.50% from
06/06/2024
1% + $1,500
from
05/12/2024
1% from
05/06/2025
1% + $1,000
from
04/12/2025
REGULATORY INSPECTOR
Regulatory Inspector 5 $84,749 $86,499 $87,364 $89,114 $90,451 $92,855 $93,784 $95,722
(WorkCover Officer 5) $87,315 $89,065 $89,956 $91,706 $93,081 $95,512 $96,467 $98,432
$89,705 $91,455 $92,370 $94,120 $95,531 $97,987 $98,967 $100,956
Regulatory Inspector 6 $91,315 $93,065 $93,996 $95,746 $97,182 $99,654 $100,650 $102,657
(WorkCover Officer 6) $93,530 $95,280 $96,233 $97,983 $99,453 $101,947 $102,967 $104,996
$96,016 $97,766 $98,744 $100,494 $102,001 $104,521 $105,566 $107,622
$100,714 $102,464 $103,489 $105,239 $106,817 $109,385 $110,479 $112,584
$104,509 $106,259 $107,322 $109,072 $110,708 $113,315 $114,448 $116,592
Regulatory Manager C $114,928 $116,678 $117,845 $119,595 $121,389 $124,103 $125,344 $127,597
(Senior Officer C) $123,710 $125,460 $126,715 $128,465 $130,392 $133,195 $134,527 $136,873
Page 195 of 260
CLASSIFICATION
Pay Rates
as at
9.6.22
$1,750
from
05/01/2023
1% from
08/06/2023
$1,750
from
07/12/2023
1.50% from
06/06/2024
1% + $1,500
from
05/12/2024
1% from
05/06/2025
1% + $1,000
from
04/12/2025
STERILISING SERVICES
Sterilising Services Health Service Officer 3.1 $55,350 $57,100 $57,671 $59,421 $60,312 $62,860* $63,489 $65,124
Level 3/4 (HSO 3/4 Broadband) 3.2 $55,956 $57,706 $58,283 $60,033 $60,934 $63,043 $63,673 $65,310
3.3 $56,550 $58,300 $58,883 $60,633 $61,542 $63,658 $64,294 $65,937
Qualification barrier 4.1 $57,149 $58,899 $59,488 $61,238 $62,157 $64,278 $64,921 $66,570
4.2 $57,866 $59,616 $60,212 $61,962 $62,892 $65,021 $65,671 $67,327
4.3 $58,579 $60,329 $60,932 $62,682 $63,623 $65,759 $66,416 $68,081
4.4 $59,336 $61,086 $61,697 $63,447 $64,399 $66,543 $67,208 $68,880
Qualification barrier 5.1 $60,182 $61,932 $62,551 $64,301 $65,266 $67,418 $68,093 $69,774
5.2 $61,196 $62,946 $63,575 $65,325 $66,305 $68,468 $69,153 $70,845
5.3 $62,211 $63,961 $64,601 $66,351 $67,346 $69,519 $70,215 $71,917
5.4 $63,169 $64,919 $65,568 $67,318 $68,328 $70,511 $71,216 $72,929
Sterilising Services Technical Officer Level 1 $62,599 $64,349 $64,992 $66,742 $67,744 $69,921 $70,620 $72,326
$63,678 $65,428 $66,082 $67,832 $68,850 $71,038 $71,749 $73,466
$64,647 $66,397 $67,061 $68,811 $69,843 $72,042 $72,762 $74,490
$65,631 $67,381 $68,055 $69,805 $70,852 $73,060 $73,791 $75,529
Sterilising Services Technical Officer Level 2 $67,760 $69,510 $70,205 $71,955 $73,034 $75,265 $76,017 $77,778
$69,863 $71,613 $72,329 $74,079 $75,190 $77,442 $78,217 $79,999
$71,554 $73,304 $74,037 $75,787 $76,924 $79,193 $79,985 $81,785
$73,429 $75,179 $75,931 $77,681 $78,846 $81,134 $81,946 $83,765
$75,224 $76,974 $77,744 $79,494 $80,686 $82,993 $83,823 $85,661
$77,593 $79,343 $80,136 $81,886 $83,115 $85,446 $86,300 $88,163
*In addition to the salary increase applied on 5 December 2024, the minimum full time equivalent salary for classifications in Annex A is moved to $62,860
Page 196 of 260
CLASSIFICATION
Pay Rates
as at
9.6.22
$1,750
from
05/01/2023
1% from
08/06/2023
$1,750
from
07/12/2023
1.50% from
06/06/2024
1% + $1,500
from
05/12/2024
1% from
05/06/2025
1% + $1,000
from
04/12/2025
TECHNICAL OFFICER
Trainee Technical Officer $57,960 $59,710 $60,307 $62,057 $62,988 $65,118 $65,769 $67,427
$61,238 $62,988 $63,618 $65,368 $66,348 $68,512 $69,197 $70,889
$63,965 $65,715 $66,372 $68,122 $69,144 $71,335 $72,049 $73,769
Technical Officer Level 1 $62,599* $64,349* $64,992* $66,742*
$63,678* $65,428* $66,082* $67,832*
$64,647 $66,397 $67,061 $68,811 $69,843 $72,042 $72,762 $74,490
$65,631 $67,381 $68,055 $69,805 $70,852 $73,060 $73,791 $75,529
Technical Officer Level 2 $67,760 $69,510 $70,205 $71,955 $73,034 $75,265 $76,017 $77,778
$69,863 $71,613 $72,329 $74,079 $75,190 $77,442 $78,217 $79,999
$71,554 $73,304 $74,037 $75,787 $76,924 $79,193 $79,985 $81,785
$73,429 $75,179 $75,931 $77,681 $78,846 $81,134 $81,946 $83,765
$75,224 $76,974 $77,744 $79,494 $80,686 $82,993 $83,823 $85,661
$77,593 $79,343 $80,136 $81,886 $83,115 $85,446 $86,300 $88,163
Technical Officer Level 3 $79,105 $80,855 $81,664 $83,414 $84,665 $87,011 $87,882 $89,760
$80,896 $82,646 $83,472 $85,222 $86,501 $88,866 $89,754 $91,652
$83,102 $84,852 $85,701 $87,451 $88,762 $91,150 $92,061 $93,982
$85,285 $87,035 $87,905 $89,655 $91,000 $93,410 $94,344 $96,288
$87,494 $89,244 $90,136 $91,886 $93,265 $95,697 $96,654 $98,621
$89,398 $91,148 $92,059 $93,809 $95,217 $97,669 $98,645 $100,632
*Employees employed in Technical Officer increments 1.1 and 1.2 will move to increment 1.3 upon the effective date of this enterprise agreement in accordance with clause Y.
Page 197 of 260
Technical Officer Level 4 $91,315 $93,065 $93,996 $95,746 $97,182 $99,654 $100,650 $102,657
$94,007 $95,757 $96,715 $98,465 $99,942 $102,441 $103,465 $105,500
$96,569 $98,319 $99,302 $101,052 $102,568 $105,094 $106,145 $108,206
$100,714 $102,464 $103,489 $105,239 $106,817 $109,385 $110,479 $112,584
$104,509 $106,259 $107,322 $109,072 $110,708 $113,315 $114,448 $116,592
Senior Officer (Technical) Grade C $114,928 $116,678 $117,845 $119,595 $121,389 $124,103 $125,344 $127,597
$123,710 $125,460 $126,715 $128,465 $130,392 $133,195 $134,527 $136,873
Senior Officer (Technical) Grade B $135,355 $137,105 $138,476 $140,226 $142,329 $145,253 $146,705 $149,172
$142,352 $144,102 $145,543 $147,293 $149,502 $152,497 $154,022 $156,563
$152,377 $154,127 $155,668 $157,418 $159,780 $162,877 $164,506 $167,151
Page 198 of 260
CLASSIFICATION
Pay Rates
as at
9.6.22
$1,750
from
05/01/2023
1% from
08/06/2023
$1,750
from
07/12/2023
1.50% from
06/06/2024
1% + $1,500
from
05/12/2024
1% from
05/06/2025
1% + $1,000
from
04/12/2025
VETERINARY OFFICER
Veterinary Officer Level 1 $72,836 $74,586 $75,332 $77,082 $78,238 $80,520 $81,326 $83,139
$76,570 $78,320 $79,103 $80,853 $82,066 $84,387 $85,231 $87,083
$80,279 $82,029 $82,849 $84,599 $85,868 $88,227 $89,109 $91,000
$83,983 $85,733 $86,590 $88,340 $89,665 $92,062 $92,983 $94,913
$87,643 $89,393 $90,287 $92,037 $93,417 $95,852 $96,810 $98,778
$91,315 $93,065 $93,996 $95,746 $97,182 $99,654 $100,650 $102,657
Veterinary Officer Level 2 $96,569 $98,319 $99,302 $101,052 $102,568 $105,094 $106,145 $108,206
$98,812 $100,562 $101,568 $103,318 $104,867 $107,416 $108,490 $110,575
$101,748 $103,498 $104,533 $106,283 $107,877 $110,456 $111,561 $113,676
$105,539 $107,289 $108,362 $110,112 $111,764 $114,381 $115,525 $117,680
$109,129 $110,879 $111,988 $113,738 $115,444 $118,098 $119,279 $121,472
$114,784 $116,534 $117,699 $119,449 $121,241 $123,953 $125,193 $127,445
$119,141 $120,891 $122,100 $123,850 $125,708 $128,465 $129,749 $132,047
$123,249 $124,999 $126,249 $127,999 $129,919 $132,718 $134,045 $136,386
$129,156 $130,906 $132,215 $133,965 $135,975 $138,834 $140,223 $142,625
Veterinary Officer Level 3 $145,263 $147,013 $148,483 $150,233 $152,487 $155,511 $157,067 $159,637
$149,069 $150,819 $152,327 $154,077 $156,388 $159,452 $161,047 $163,657
Veterinary Officer Level 4 $154,917 $156,667 $158,234 $159,984 $162,383 $165,507 $167,162 $169,834
$159,487 $161,237 $162,849 $164,599 $167,068 $170,239 $171,941 $174,661
Veterinary Officer 5 $165,588 $167,338 $169,011 $170,761 $173,323 $176,556 $178,322 $181,105
Page 199 of 260
CLASSIFICATION
Pay Rates
as at
9.6.22
$1,750
from
05/01/2023
1% from
08/06/2023
$1,750
from
07/12/2023
1.50% from
06/06/2024
1% + $1,500
from
05/12/2024
1% from
05/06/2025
1% + $1,000
from
04/12/2025
TRAINEESHIP RATES OF PAY
Trainee $53,868 $55,618 $56,174 $57,924 $58,793 $62,860* $63,489 $65,124
$55,585 $57,335 $57,908 $59,658 $60,553 $62,860* $63,489 $65,124
$57,027 $58,777 $59,365 $61,115 $62,031 $64,152 $64,793 $66,441
$59,258 $61,008 $61,618 $63,368 $64,319 $66,462 $67,126 $68,798
*In addition to the salary increase applied on 5 December 2024, the minimum full time equivalent salary for classifications in Annex A is moved to $62,860
Page 200 of 260
ANNEX B – ATTRACTION AND RETENTION INCENTIVES
1. Introduction
1.1. This Section (‘the Framework’) sets out the provisions that apply to Attraction and Retention Incentives
(ARIns).
1.2. An ARIn may only be agreed and approved in accordance with this Framework.
1.3. ARIns apply to all employee types employed in classifications covered by this Agreement.
1.4. Subject to the terms of this Framework, it is a matter for the director-general’s sole discretion (in consultation
with the head of service) as to whether an ARIn will be offered or continued.
1.5. In assessing whether an ARIn should be offered or continued to an employee, the director-general will
consider the consequences the provision of the ARIn may have on the Territory’s ability to recruit and/or
retain employees to Executive positions.
1.6. In this Framework, unless the contrary intention appears:
1.6.1. ‘Attraction and Retention Incentives’ (ARIns) means additional pay and/or conditions of employment,
provided in recognition of the additional requirements of a position that are set out in paragraph 2.3
and recorded through a written agreement between the director-general and the employee
occupying the position to which the ARIn is to apply.
1.6.2. ‘Base rate of pay’ in relation to an employee is the rate of pay payable under Annex A of this
Agreement for the employee’s classification on the date the ARIn commences, or for a review, on the
date that the ARIn is approved, or renewed, following a review.
1.6.3. ‘Director-general’ means the person occupying the position of director-general of the relevant
directorate, or their nominated delegate.
1.6.4. ‘Group ARIn’ means an ARIn approved by the Director-General, after consideration by the head of
service, for a number of related positions with the same classification performing an identical
function in a directorate, which is applied to the employees in those positions.
1.6.5. ‘Head of service’ means the person occupying the position and exercising the powers of the head of
service.
1.6.6. A reference to ‘position, employee, occupant or union’ includes ‘positions, employees, occupants or
unions’.
1.6.7. ‘Relevant market data’ may include but is not limited to job sizing assessments, recruitment
experience, market surveys and job advertisements.
1.6.8. The ‘rates of pay component’ of an ARIn refers to enhanced pay rates as per subparagraph 2.4.1 only
and does not include any additional lump sum or periodic component of an ARIN or any additional
provision approved per subparagraph 2.4.2 or subparagraph 2.4.3.
2. ARIn Requirements
2.1. The terms and conditions of employment of this Agreement will continue to form the basis for employees
covered by this Agreement. Accordingly, where an ARIn applies to an employee, the terms and conditions of
the employee is a combination of both of the following:
2.1.1. the terms and conditions contained in this Agreement; and
2.1.2. the terms and conditions contained in the ARIn.
2.2. The terms and conditions of employment contained in an ARIn prevail over the terms and conditions of
employment contained in this Agreement to the extent of any inconsistency.
2.3. In determining whether to offer or continue an ARIn to an employee, the director-general will have regard to
all the following relevant matters:
2.3.1. whether the position is critical to the operation of the Directorate or to a business unit in the
Directorate;
Page 201 of 260
2.3.2. whether an employee who occupies the position requires specialised qualifications, skill set and/or
experience to perform the requirements of the position;
2.3.3. whether the role and skills required by the employee who occupies the position are in high demand;
2.3.4. the level at which comparable individuals with skills and qualifications for the role are remunerated
in the marketplace;
2.3.5. the difficulty and cost associated with recruiting to the position;
2.3.6. any other matter considered relevant to determining whether or not an ARIn would be appropriate
in the circumstances.
2.4. An ARIn may contain:
2.4.1. enhanced pay rates;
2.4.2. enhanced superannuation contribution rates;
2.4.3. other terms and conditions of employment where the Director-General considers there is a clear,
unambiguous, and exceptional need.
2.5. The terms of the ARIn instrument must contain provisions setting out
2.5.1. the expiry date of the ARIn;
2.5.2. the level of the employee’s base rate of pay;
2.5.3. the pay component, any other terms and conditions of employment that are to apply under the ARIn,
and the total dollar value of the ARIn;
2.5.4. the requirement that the terms and conditions of the employee will revert to the applicable rates of
pay and terms and conditions of employment under this Agreement in the event the ARIn ceases to
operate or is terminated; and
2.5.5. the terms of this Framework are included by reference.
3. No Overall Reduction in Terms and Conditions
3.1. An ARIn must not be agreed where it would result, when assessed as a whole, in a reduction in the overall
terms and conditions of employment provided for the employee under this Agreement.
3.2. An ARIn cannot provide terms and conditions that are less favourable than the National Employment
Standards or the rates of pay set out in this Agreement for the same work at the same classification level.
3.3. Where it is proposed that an ARIn will replace or reduce a condition of employment contained in this
Agreement, the director-general will consult with the relevant union with coverage of the position through the
Office of Industrial Relations and Workplace Strategy (‘OIRWS’) about the proposed change prior to the
provision of a written submission to the head of service for consideration.
3.4. In consulting with the OIRWS and union in accordance with paragraph 3.3, the director-general will:
3.4.1. provide the OIRWS and union with relevant information about the position and the proposed
change;
3.4.2. give the union a reasonable opportunity to consider this information and, if the union wishes,
provide written views to the director-general within fourteen days; and
3.4.3. consider any views offered by the union before deciding to enter into the ARIn.
3.5. Information that the director-general provides to the union under this section will not include information that
might directly or indirectly disclose the identity of the particular employee unless the employee consents to its
release.
4. ARIn Requirements During a Recruitment Process
Advertising with an ARIn
4.1. Where a proposed ARIn is not within the scope of a Group ARIn, a recruitment selection process may
incorporate an ARIn by advertising the position at a higher package value, comprising the relevant Agreement
rate of pay plus an identified ARIn amount.
Page 202 of 260
4.2. In these circumstances pre-approval of the ARIn through a Comprehensive Submission is required prior to
advertising. When the ARIn is implemented (after the employee commences), a second Comprehensive
Submission to the head of service is not required.
Offering an ARIn as part of a job offer
4.3. Where a proposed ARIn is not within the scope of a Group ARIn, a recruitment selection process at the offer
stage may incorporate an ARIn as part of the offer of employment.
4.4. In such circumstances the recruitment material and advertisement must state the position rate of pay set out
in this Agreement, and state that an ARIn may be available to the successful applicant.
4.4.1. This approach is not recommended as a better field of applicants may be attracted when a position is
advertised with a higher package identified up front.
4.5. In these circumstances pre-approval of the ARIn through a Comprehensive Submission is not required prior to
advertising, but if an ARIn is ultimately proposed to be offered to the successful applicant, approval is required
through a Comprehensive Submission prior to the offer being made. Time for the review process to occur must
be anticipated in the recruitment process.
Advertising Group ARIns
4.6. When a position to be advertised is covered by a current Group ARIn, there is no need for a further
Comprehensive Submission (as it has already been completed as part of the Group ARIn approval process). As
such, while the position remains covered by the scope of a Group ARIn, it will automatically apply and should
be included in the advertisement.
ARIn Requirements
4.7. Where an ARIn is used as part of a recruitment process:
4.7.1. the total package (excluding superannuation) should be disclosed and disaggregated to show:
4.7.1.1. the relevant Agreement rate; and
4.7.1.2. the content of the ARIn, which is reviewable under the terms of this Agreement.
4.8. The nature of the information disclosed at the point of advertising will depend on the type of ARIn used, but
applicants should be made aware the ARIn:
4.8.1. is reviewable in accordance with the ARIn Framework;
4.8.2. may be terminated, or have its value adjusted (either up or down); and
4.8.3. must continue to meet the eligibility criteria, including consideration of relevant market rates and/or
changes to the operational requirements of the business unit.
5. Deeming
5.1. An ARIn that is applied to a position, and to the employee occupying the position to which the ARIn applies,
which is covered by this Agreement on the day before the Agreement commenced operation will continue in
accordance with the provisions of this Framework.
6. Types of ARIns
6.1. The director-general may approve an ARIn as follows.
Project ARIns
6.2. A Project ARIn requires:
6.2.1. the additional remuneration meets the criteria in paragraph 2.1 of this Framework;
6.2.2. a term no longer than 36 months; and
6.2.3. the employee’s work to which the ARIn is attached is associated with the employee’s role in a
specified project with a finite term.
6.3. A Project ARIn cannot be renewed and will cease to operate on the date specified in the ARIn for cessation of
the position’s involvement in the project, or the date of completion of the project, whichever date is the
earlier.
Page 203 of 260
6.4. A Comprehensive Submission is required to establish a Project ARIn, but no further reviews are required.
6.5. Where required, a subsequent new Project ARIn may be offered once only. Where this occurs, a
Comprehensive Submission is required.
Fixed Term ARIns
6.6. A Fixed Term ARIn requires:
6.6.1. that the additional remuneration meets the criteria in paragraph 2.3 of this Framework;
6.6.2. a term no longer than 12 months.
6.7. A Comprehensive Submission is required to establish a Fixed Term ARIn, but no further reviews are required.
6.8. A Fixed Term ARIn cannot be varied or renewed and will automatically cease on its specified expiry date.
Renewable ARIns
6.9. A Renewable ARIn requires:
6.9.1. the additional remuneration to meet the criteria in paragraph 2.3 of this Framework;
6.9.2. a term no longer than 36 months.
6.10. A Renewable Term ARIn will cease to operate on the date specified in the ARIn.
6.11. A Renewable ARIn will cease to operate where the ARIn is reviewed in accordance with section 7 of this
Framework and the director-general determines following the review that the ARIn should no longer apply.
The date of effect of the ARIn cessation is the date that is at least ninety days after the date notice is provided
to the employee of cessation of the ARIn, or on an earlier date if agreed by the employee.
6.12. A Comprehensive Submission is required to establish a Renewable ARIn.
6.13. A Renewable ARIn requires a Renewal Submission no more than 18 months from commencement or from the
last Renewal or Comprehensive Submission.
6.13.1. The purpose of the Renewal Submission is to determine whether the director-general continues to
consider that it is appropriate to provide an employee occupying the position to which the ARIn
applies with the terms and conditions of employment provided by the ARIn.
Group ARIns
6.14. Where it is proposed that identical ARIns are to apply to a group of positions performing identical functions at
the same classification level within a Directorate, this may be done as a single ‘block’ approval giving rise to a
Group ARIn.
6.15. A Group ARIn requires:
6.15.1. the additional remuneration to meet the criteria in paragraph 2.3 of this Framework; and
6.15.2. a term no longer than three years; and
6.15.3. a group of positions and employees performing identical functions at the same classification level,
approved in a block in accordance with paragraph 6.14 for a period of up to three years.
6.16. A Comprehensive Submission is required to:
6.16.1. establish a Group ARIn;
6.16.2. at the midpoint of this Agreement term; and
6.16.3. prior to the nominal expiry date of this Agreement.
6.17. Following a review and consultation with the head of service, the director-general will determine whether:
6.17.1. the ARIn should be renewed (in the same or different terms);
6.17.2. ceased in accordance with paragraph 6.21 or
6.17.3. in the case of a review conducted in accordance with paragraph 6.17, the additional pay component
of the ARIn should be incorporated into base rates of pay in any subsequent Agreement.
Page 204 of 260
6.18. To establish a Group ARIn only one Comprehensive Submission needs to be made in accordance with section 7
of this Framework in relation to the group of positions as identified in the submission to the head of service.
6.19. If following a review under section 7 the director-general determines that the ARIn should be renewed (on the
same or different terms) the revised ARIn will apply to all employees in the specified positions or class of
positions.
6.20. Employees may be offered a Group ARIn during the term the Group ARIn is in effect. Each employee in a
position covered by the Group ARIn will be provided with an individual ARIn providing the same benefits and
expiration date.
6.21. A Group ARIn will cease to operate where the ARIn is reviewed in accordance with section 7 of this Framework
and the director-general determines following the review that the ARIn should no longer apply. The date of
effect of the ARIn cessation is the date that is at least ninety days after the date notice is provided to the
employee of cessation of the ARIn, or on an earlier date if agreed by the employee.
7. Review
Comprehensive Submission
7.1. In reviewing an ARIn, the director-general must have regard to the matters to be considered at paragraph 2.3.
The director-general must also take into consideration relevant market data.
7.2. To commence, cease or change any ARIn, a Comprehensive Submission to the head of service is required.
Specifically, a Comprehensive Submission is required to be submitted where:
7.2.1. a preliminary view is formed by the director-general that the position ceases to be critical to the
operation of the Directorate or business unit in the Directorate;
7.2.2. a preliminary view is formed by the director-general that the employee ceases to hold the required
specialist qualifications or specialist attributes;
7.2.3. a new ARIn (Project ARIn, Fixed Term ARIn, Renewable ARIn or Group ARIn) is being proposed for an
existing employee or group of employees;
7.2.4. in relation to a Renewable ARIn, three years have elapsed since the last Comprehensive Submission;
7.2.5. in relation to a Group ARIn, to establish a Group ARIn and no more than three years from either
commencement or from the last Comprehensive Submission and prior to the date of expiry of this
Agreement;
7.2.6. a position is to be advertised with a rate of pay which includes the proposed ARIn amount; or
7.2.7. a variation is being proposed to an existing Renewable ARIn or Group ARIn.
7.3. A Comprehensive Submission must:
7.3.1. address the matters to be considered at paragraph 2.3 of this Framework; and
7.3.2. address whether the substantive position is correctly classified; and
7.3.3. address whether the position’s job description and/or organisation structure of the business unit can
be adjusted to mitigate the need for an ARIn; and
7.3.4. where the director-general considers that there is a compelling reason for the Directorate to pay
enhanced rates of pay in excess of 50% of the base rate of pay for the position’s classification, the
director-general will provide the OIRWS details of that compelling reason, including appropriate
evidence and supporting remuneration data.
7.4. When a recruitment selection process is proposed to include a pre-approved ARIn, the Comprehensive
Submission must:
7.4.1. address the circumstances of the recruitment selection process (i.e., why an ARIn is necessary to be
included in the advertised rate);
7.4.2. demonstrate the position (or a similar position) has recently been advertised without an ARIn and did
not attract a suitable field or provide evidence that advertising at the Agreement rate will not attract
a suitable field; and
Page 205 of 260
7.4.3. set out the reasons in support of the ARIn itself (i.e., why the position meets the ARIn eligibility
criteria).
Renewal Submission
7.5. Where, following head of service consideration of a Comprehensive Submission and a Renewable ARIn is
approved by the director-general, it must be reassessed no more than 18 months later through a Renewal
Submission.
7.6. A Renewal Submission is required to be completed where:
7.6.1. it is proposed that a Renewable ARIn should be renewed on the same terms;
7.6.2. an employee who is party to a Fixed Term, Renewable or Project ARIn temporarily vacates the
position to which the ARIn relates, and it is being proposed that the ARIn be provided to the
employee who is acting in the vacated position; or
7.6.3. an employee who is party to a Fixed Term, Renewable or Project ARIn temporarily vacates the
position to which the ARIn relates for a period of ninety days or more, and it is being proposed that
the ARIn apply to the employee upon the employee’s return to the position.
Overdue Submissions
7.7. A Comprehensive or Renewal Submission due under this Agreement must be completed before the due date.
7.8. Where a Comprehensive or Renewal Submission is not completed before the due date, the responsible
Directorate will within one week of the due date passing:
7.8.1. notify the employee(s) covered by the ARIn of the delay;
7.8.2. provide reasons for the delay to the head of service; and
7.8.3. develop and implement a plan to ensure the review is completed within three months.
7.9. If the review is not completed within the three-month period, the head of service will arrange for the review
to be completed expeditiously.
7.10. The ARIn will continue until the review is completed in accordance with either subparagraph 7.8.3 or
paragraph 7.9.
8. Consultation Requirements
8.1. Nothing in this section is intended to reduce overall terms and conditions.
8.2. The employee may invite a union or other employee representative to assist or represent their interests during
consultation.
Establishment
8.3. The director-general must consult on the proposed terms of an ARIn with the employee to whom the ARIn is
to apply, prior to the ARIn being approved; except where the ARIn is to be included as part of a recruitment
process and there is no retrospective employee recruited at that stage.
Renewal or Cessation
8.4. If the position to which the ARIn applies is occupied when undertaking a review of the ARIn, the director-
general will consult with the employee occupying the position to which the ARIn applies.
8.5. Where the employee occupying the position for which the ARIn is being reviewed is on long-term leave or is
not responsive, reasonable attempts must be made to consult with the employee, or the employee’s
representative. If such reasonable attempts to consult with the employee are unsuccessful, then the director-
general may proceed with the review without the input of the employee.
8.6. Upon completion of the review the director-general will notify the affected employee(s) in writing, and where
relevant their representative(s), of the preliminary outcomes and reasons for the decision. The director-
general will provide the employee(s) and their representative(s) 14 days in which to provide a written
response for consideration by the director-general before making a final decision.
No Overall Reduction in Terms and Conditions
Page 206 of 260
8.7. Where the terms of paragraph 3.3 are met, the director-general must consult with the relevant union in
accordance with paragraph 3.3.
9. Approval Requirements
9.1. The director-general may only approve an ARIn when the following has occurred:
9.1.1. Taking into account the matters to be considered under paragraph 2.1 of this Framework, the
director-general in his or her sole discretion considers that it is appropriate to provide an employee
with terms and conditions of employment that are in excess of those which are ordinarily provided
for under this Agreement.
9.1.2. The consultation requirements in section 8 of this Framework have been met.
9.1.3. The review requirements in section 7 of this Framework have been met.
9.2. Before approving an ARIn the director-general must consider the views of the head of service.
10. Operation
10.1. The rates of pay component of an ARIn will count as pay for all purposes including superannuation and for the
purposes of calculating the rate of pay for annual leave, long service leave, paid personal leave, paid maternity
leave, redundancy payments and other paid leave granted under this Agreement. If leave is on reduced pay or
without pay, the pay component of the ARIn must be reduced proportionately.
10.2. Normal incremental advancement (where available) and pay and superannuation increases contained in B30.6
of this Agreement will continue to apply in relation to the substantive classification of the employee in receipt
of an ARIn. Pay increase percentages will not apply to the pay component of an ARIn unless specified in the
ARIn.
10.3. Any payments made pursuant to paragraph 10.2 of this Framework are paid in addition to the ARIn i.e. this
means the ARIn payment does not absorb increases paid pursuant to paragraph 10.2.
10.4. The rates of pay component of an ARIn is payable by fortnightly instalment or lump sum.
10.5. The additional pay component provided under an ARIn may be used for the purposes of salary sacrifice
arrangements in accordance with the Salary Sacrifice Arrangement provisions of this Agreement. Where an
employee salary sacrifices any part of the terms of an ARIn and, in accordance with this Framework, the ARIn
ceases to apply, the employee must notify the salary sacrifice arrangement provider that the terms of the ARIn
can no longer be packaged.
10.5.1. The pay component of an ARIn cannot be directly linked to performance pay.
10.6. An ARIn will be paid proportionately on a pro-rata basis where the employee is part time. Where the
scheduled part time hours worked by an employee to which the ARIn applies are amended the ARIn reduces
(or increases) proportionately.
10.7. ARIn’s are generally not paid retrospectively, but with the approval of the head of service may be for up to 3
months.
10.8. The ARIn will commence from whichever is the latter (unless an earlier date has been agreed by the head of
service in accordance with paragraph 10.7):
10.8.1. the date specified in the ARIn; or
10.8.2. the date of final approval by the director-general after the requirements of section 6 are met.
10.9. An ARIn will cease to apply to an employee on the date that employee vacates the position to which the ARIn
applies, including when the employee becomes unattached or is temporarily transferred to another position.
10.9.1. A Renewal Submission is required to be completed where an ARIn is to apply to another employee
who occupies the vacated position, unless the position and the other employee are covered by the
same Group ARIn. A renewal submission will be required in these circumstances.
10.9.2. The ARIn will automatically apply to the employee upon their return to the vacated position. A
renewal submission will not be required in these circumstances.
Page 207 of 260
10.10. An ARIn will cease to apply to an employee in relation to a sanction arising from a misconduct or
underperformance matter, on the date the sanction is to apply where the delegate determines that the
sanction to be applied to the employee is termination of the application of the ARIn.
10.11. An ARIn will cease to apply to an employee on the date an employee loses the qualification, or registration
which allows them to perform the duties of the position to which the ARIn relates.
Page 208 of 260
ANNEX C – EXPENSE, DISABILITY AND SKILL RELATED ALLOWANCES
Advanced First Aid
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Any
Employee Type Any
Description An employee is eligible for an allowance
relevant to their qualification for any day
or part-day they are on duty in the
workplace to perform the duties of a first
aid officer if all the following apply:
1. They are designated as the primary
contact for first aid to perform the
duties of a first aid officer.
2. They hold one of the following
qualifications required for that role.
a. Advanced level qualification
which provides competencies
required to apply advanced first
aid procedures and advanced
first aid response in a workplace
environment.
b. Occupational or specialist level
qualification which provides the
employee with the ability to
completely render first aid in the
workplace in the context of work
health and safety legislation.
Conditions All the following conditions apply:
1. Where the qualification of an
employee who is in receipt of the
allowance is no longer current, the
head of service may allow the
continued payment of the allowance
Page 209 of 260
for a short period to allow for re-
qualification.
2. The head of service may reimburse
fees for renewal of qualifications and
relevant courses incurred by an
employee who is eligible to be paid a
first aid allowance.
3. Where an employee holds more than
one first aid qualification, the
employee will be paid an allowance
only for the qualification which
attracts the higher payment.
4. The allowance must not be included in
salary for overtime or penalty
payments.
Where an employee who normally
undertakes first aid functions is absent
and another employee who is qualified in
first aid undertakes all the duties for
which the allowance is paid, the relieving
employee is entitled to be paid the
allowance appropriate to that employee’s
qualifications.
Per day (1) Advanced level: $3.58 $3.64 $3.68 $3.74 $3.80 $3.89 $3.93 $4.01
Per day (2) Occupational or specialist: $4.24 $4.32 $4.36 $4.43 $4.50 $4.61 $4.66 $4.75
Payment on
Leave
Not paid during any type of unpaid leave
Exclusions The allowance is not payable to either of
the following:
1. An employee who, as part of their
normal duties, is required to maintain
a first aid qualification.
2. An employee who receives Corporate
Citizens allowance for their role as a
First Aid Officer or Fire Warden.
Page 210 of 260
Definitions Workplace means a work location at
which the employee, and one or more
work colleagues, performs duty.
Note: It does not include the home
location when working from home.
Allowance
Type
Qualification
Page 211 of 260
Agency Representative
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Any
Employee Type Any
Description The allowance will be paid to an
employee who is designated and
rostered to be the Agency
Representative. The Agency
Representative is tasked with first
port-of-call duties to a wide variety of
enquiries that may be directed to the
ACT Parks and Conservation Service or
to City Services, both during and
outside ordinary working hours.
Rate/Frequency Per day $122.92 $125.12 $126.37 $128.57 $130.50 $133.68 $135.02 $137.63
Payment on
Leave
Not paid during any type of paid or
unpaid leave.
Note Agency Representative duties are
guided by training and a resource kit
which is made available to the
employee at all times.
Exclusions This allowance replaces all
entitlements to the payment of Fire
Duty Co-ordinator, On-Call, Close-Call
and Overtime Meal Allowance in
relation to the duties of Agency
Representative.
Allowance Type Functional
Page 212 of 260
Asbestos Handling
Pay rate
at 9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Technical Officers
Employee Type Technical Officers
Description Employees required to handle
materials containing asbestos or to
work in close proximity to employees
using such materials, where the
wearing of protective equipment (i.e.
combination overalls and breathing
equipment or similar apparatus) is
required will be paid an allowance.
Rate/Frequency Per day $8.61 $8.76 $8.85 $9.01 $9.14 $9.36 $9.46 $9.64
An employee who is paid this
allowance is not eligible for Health
Facilities or Facilities Management
Composite allowances.
Payment on
Leave
Not paid during any type of paid or
unpaid leave.
Allowance Type Disability
I I I I I I I
Page 213 of 260
Books and Equipment (Cadet)
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Cadet
Employee Type Cadet
Description An employee who occupies an office of
Cadet Auditor, Cadet Information
Technology Officer, Cadet (Economics),
Cadet (Statistics) or Cadet Professional
Officer will be entitled to be
reimbursed an amount for the
purchase of books and equipment
associated with their course of study,
up to the specified annual cap. The
reimbursement may either be paid to
the Cadet upon presentation of the
relevant receipts, or direct to the
supplier on presentation of the
relevant invoices.
Rate/Frequency Annual cap $574.00 $584.27 $590.12 $600.39 $609.39 $624.26 $630.50 $642.67
Allowance Type Expense
Page 214 of 260
Camping
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Any
Employee Type An employee of any classification who
is required to camp out.
Description Camping allowance is payable to
employees who are required to camp
out in unserviced facilities. The
allowance is payable for each night
under camping conditions subject to
various qualifying conditions for
different levels of allowances detailed
below.
Rate/Frequency Per day (1) catering provided: $41.09 $41.83 $42.24 $42.98 $43.62 $44.69 $45.13 $46.01
Per day (2) catering not provided: $68.70 $69.93 $70.63 $71.86 $72.94 $74.72 $75.46 $76.92
Payment on
Leave
Not paid during any type of paid or
unpaid leave.
Definitions “Unserviced facilities” means facilities
which do not provide access to
running water, electricity, catering,
bathroom, and heating or cooling.
Notes Where a member of a camping party
travels to and from home each day
and does not claim Camping
allowance, reimbursement for the
travel under Part 7.1 of the repealed
Public Sector Management Standards
(PSMS) 2006, the fare for their travel
may be refunded provided that both
of the following apply:
a) a) The cost is not greater than the
amount payable for Camping
allowance or reimbursement for
Page 215 of 260
reasonable and legitimate travel
expenses incurred in the course of
travelling for official purposes under
Part 7.1 of the repealed PSMS 2006.
b) b) The approval of the officer directly
responsible for the camping party is
first obtained.
Exclusions 1. 1. The allowance does not apply to an
employee who has been authorised by
the head of service to reside in
lodgings.
2. 2. No allowance for travelling time or
waiting time is payable under this
provision.
Allowance Type Disability
Page 216 of 260
Camping Outlay
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Description Where an employee who is entitled to
be paid a Camping allowance is required
to camp out in unserviced facilities in
excess of 7 days, they will be entitled to
an additional allowance for the period
in accordance with the following
periods of camping out:
Rate/Frequency Per day (3) more than 7 days
but less than 14 days:
$82.50 $83.98 $84.82 $86.29 $87.59 $89.72 $90.62 $92.37
Per day (4) not less than 14 days but
less than 21 days:
$165.00 $167.95 $169.63 $172.58 $175.17 $179.45 $181.24 $184.74
per night (5) any other case more
than 21 days:
$247.53 $251.96 $254.48 $258.91 $262.79 $269.20 $271.90 $277.14
Where an employee is not supplied with
camping equipment by the directorate
and they hire it, in addition to the
allowance under this provision they are
entitled to be paid an allowance equal
to the cost of hiring the equipment.
Where an officer who is required to
camp out in unserviced facilities is
required to move from camp to camp
and where they are not staying in a
base camp, a caravan or a hut, then an
additional allowance is to be paid in
accordance with the following periods
of camping out:
Per night (6) more than 1 night but
not
more than 5 consecutive
nights
$13.10 $13.33 $13.47 $13.70 $13.91 $14.25 $14.39 $14.67
Per night (7) not less than 6
consecutive
$26.25 $26.72 $26.99 $27.46 $27.87 $28.55 $28.83 $29.39
Page 217 of 260
nights
Definitions “Unserviced facilities” means facilities
that do not provide access to running
water, electricity, catering, bathroom,
and heating or cooling.
Allowance Type Disability
I I I I I I I
Page 218 of 260
Cemetery Composite
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Any
Employee Type Canberra Cemeteries employees
Description This composite allowance is paid in lieu
of the allowances listed under
exclusions, and attendance at the first
exhumation conducted in any calendar
year. Any additional exhumations
(attended per year) are paid at a flat
rate of $1,000 per exhumation.
Rate/Frequency Per fortnight $268.92 $273.73 $276.47 $281.28 $285.50 $292.47 $295.39 $301.09
Payment on
Leave
Paid during LSL, annual leave, paid
personal leave, paid birth leave and
other paid leave.
Exclusions This allowance replaces all entitlements
to the payment of Industry (Outdoor),
Plant Operator, Advanced First Aid,
Corporate Citizens, Cemetery, Offensive
and Dirty Material, and Grave Digging
allowances.
Note Attendance at exhumations is
voluntary.
Allowance Type Disability
Page 219 of 260
CLS Leading Hand (Supervisor)
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Any
Employee Type Capital Linen employees
Description An employee who is requested by
their supervisor to take responsibility
for directing or supervising the work of
other employees at The Canberra
Hospital will be paid an allowance in
recognition of the supervisory
responsibility.
Rate/Frequency Per day $16.55 $16.85 $17.01 $17.31 $17.57 $18.00 $18.18 $18.53
Payment on
Leave
Not paid during any type of paid or
unpaid leave.
Allowance Type Functional
CLS Production Incentive
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Any
Employee Type Capital Linen employees
Description Paid to an employee who works a
minimum of four and a half hours on a
public holiday.
Rate/Frequency Per occasion $28.02 $28.52 $28.81 $29.31 $29.75 $30.47 $30.78 $31.37
Payment on
Leave
Not paid during any type of paid or
unpaid leave.
Allowance Type Disability
I I I I I I I
I I I I I I I
Page 220 of 260
Community Language
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Any
Employee Type Any
Description Employees whose duties involve
communication on a regular basis in
languages other than English, including
deaf oral language, deaf sign language
and Aboriginal languages, will be paid
an allowance if their language
competence meets the required
National Accreditation Authority for
Translators and Interpreters (NAATI)
level, as follows:
Rate/Frequency Per annum (paid in equal fortnightly
instalments)
(1) Community Language Aide (NAATI
Level 1):
$1,288 $1,311.06 $1,324.17 $1,347.21 $1,367.41 $1,400.78 $1,414.79 $1,442.09
Per annum (paid in equal fortnightly
instalments)
(2) Certified Provisional Interpreter
(NAATI Level 2):
$2,573 $2,619.06 $2,645.25 $2,691.27 $2,731.64 $2,798.30 $2,826.28 $2,880.83
Payment on
Leave
The allowance is payable during paid
personal leave, annual leave and long
service leave, pro-rata where
appropriate, but not during any other
period of leave.
Notes 1. Eligible part-time employees are
entitled to receive the allowance on
a pro-rata basis.
2. Where assessment in a language is
not offered by NAATI, the head of
service may approve assessment by
Page 221 of 260
another individual or body that has
the necessary expertise to assess the
language skills and has sufficient
knowledge of NAATI levels and
competencies required to determine
the appropriate rate of allowance.
3. The head of service should arrange
accreditation testing, and pay any
associated fees.
4. Until such time as recognition by
NAATI, or an alternative provider, is
available, the head of service may
approve the payment at Community
Language Aide (NAATI Level 1) to an
employee on the certification of the
employee’s supervisor.
5. The allowance may be paid from the
date of an employee’s application for
payment, or from the date at which
the head of service determines the
need for the language has been
demonstrated.
6. Payment of the allowance should be
reviewed annually, or whenever the
employment status of a recipient
changes (e.g. upon the recipient’s
promotion or temporary transfer).
Such reviews should address
whether there is a continuing need
for communication in a language
other than English.
Allowance Type Qualification
Page 222 of 260
Corporate Citizens
On
agreement
effective
date
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Any
Employee Type Any
Description An employee is eligible for an allowance
for any day or part-day they are
designated and available to perform the
duties of one of the following roles:
1. First Aid Officer. The employee
must be designated as the primary
contact for first aid and perform the
duties of a first aid officer in a
workplace or work group. They
must hold a base level or higher
first aid qualification that is a
nationally recognised statement of
attainment in providing first aid
issued by a registered training
organisation that is accredited to
deliver first aid training and to issue
qualifications for nationally
endorsed first aid unit(s) of
competency. This would normally
provide competencies required to
recognise and respond to common
life-threatening injuries or illnesses
including: life-support using
cardiopulmonary resuscitation
(CPR), and management of the
casualty and incident until the
arrival of medical or other
assistance, as well as treatment of
minor illnesses and injuries.
Page 223 of 260
If the qualification of an employee
who is in receipt of the allowance is
no longer current, the head of
service may allow the continued
payment of the allowance for a
short period to allow for re-
qualification.
The head of service may reimburse
fees for renewal of an employee’s
first aid qualification.
2. Fire Warden. The employee must
be a designated fire warden in a
workplace or work group who has
completed the appropriate training.
All Fire Warden training will be
provided at no cost to the
employee.
3. Elected and Trained Health and
Safety Representative (HSR). The
employee must be a member of a
work group, elected by that work
group as an HSR in accordance with
Part 5 of the Work Health and
Safety Act 2011 and must have
successfully completed a
recognised HSR training program
approved by WorkSafe ACT. An
employee elected as a Deputy HSR
is not eligible for the allowance
unless they are performing the
duties of the HSR in the HSR’s
absence.
Conditions All the following conditions apply:
1. The allowance must not be included
in salary for overtime or penalty
payments.
Page 224 of 260
2. If an employee who normally
undertakes a role is absent and
another employee who is qualified
to perform all the duties for which
the allowance is paid takes over
those duties, the relieving
employee is entitled to be paid the
allowance.
3. An employee who holds a
combination of First Aid Officer,
Fire Warden or HSR roles is eligible
for one payment of the allowance
only.
Rate/Frequency Per day $2.98 $3.01 $3.06 $3.11 $3.18 $3.22 $3.28
Payment on
Leave
Not paid during any type of unpaid
leave.
Exclusions The allowance is not payable to any of
the following:
1. An employee who is not an HSR and
is paid Advanced First Aid allowance.
2. An employee who is not an HSR or
Fire Warden and is required to
maintain a first aid qualification as
part of their normal duties.
Definition “Workplace” means a work location at
which the employee, and one or more
work colleagues, performs duty.
Note: It does not include the home
location when working from home.
Allowance Type Functional
I I I I I I
Page 225 of 260
Fire Duty Coordinator
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Any
Employee Type Any
Description An employee who is designated and
rostered to perform the role of Fire
Duty Coordinator. The allowance will
be paid only to employees with the
necessary identified high level incident
management training and extensive
fire experience who are assessed as
suitable for performing the duties.
Rate/Frequency Per day $122.92 $125.12 $126.37 $128.57 $130.50 $133.68 $135.02 $137.63
Payment on
Leave
Not paid during any type of paid or
unpaid leave.
Note The Fire Duty Co-ordinator roster will
be implemented as fire dangers and
fire activity in and around the ACT
dictate, but is generally concentrated
around the declared fire season.
Exclusions This allowance replaces all
entitlements to the payment of
Agency Representative, On Call, Close
Call and Overtime Meal allowances in
relation to the duties of Fire Duty
Coordinator.
Allowance Type Functional
I I I I I I I
Page 226 of 260
High Pressure Cleaning
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Park Rangers,
Technical Officers
Employee Type Park Rangers,
Technical Officers
Description An employee required to use a high
pressure water spray for the purpose of
cleaning including, BBQs, public seats,
plaques or similar will be paid this
allowance.
Rate/Frequency Per day $7.48 $7.61 $7.69 $7.82 $7.94 $8.13 $8.22 $8.37
Payment on
Leave
Not paid during any type of paid or
unpaid leave.
Exclusions An employee who is paid this allowance
is not eligible for Health Facilities or
Facilities Management Composite
allowances.
Allowance Type Disability
Page 227 of 260
Horse and Dog
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Park Rangers
Employee Type Parks and Conservation Services (PCS)
employees
Description An employee who is required to
maintain a horse, or a dog, or a pack of
dogs, for use in the course of the
employee’s employment shall be paid
an allowance. The use for which horses
may be required includes activities such
as carrying loads into difficult or remote
locations. The use for which dogs may
be required includes activities such as
locating wild dogs, pests or weeds.
Rate/Frequency Per fortnight $53.01 $53.96 $54.50 $55.45 $56.28 $57.65 $58.23 $59.35
Payment on
Leave
Not paid during any type of paid or
unpaid leave.
Note Only one allowance is payable,
irrespective of how many horses and
dogs are maintained.
Allowance Type Expense
Page 228 of 260
Industry (Outdoor)
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Park Rangers, Technical Officers
Employee Type Employees of any classification who
are required to work the majority of
time outdoors, with the exception of
building services employees.
Description Employees engaged to work the
majority of time outdoors and who are
subjected to the disabilities of all kinds
of climatic conditions, dust blowing in
the wind, wet and muddy conditions
and the lack of usual amenities will be
paid an allowance.
Rate/Frequency Per annum (paid in equal fortnightly
instalments)
$2,077 $2,114.18 $2,135.32 $2,172.47 $2,205.06 $2,258.87 $2,281.45 $2,325.49
Payment on
Leave
Paid during LSL, annual leave, paid
personal leave, paid birth leave and
other paid leave.
Definition For the purpose of this allowance,
“majority of time” means at least 75%
of work time.
Exclusion 1. This allowance is not payable to an
employee who is provided with a work
station or who is working indoors the
majority of time.
2. While an employee is paid Industry
(Outdoor) allowance, the employee
will not be eligible for the payment of
an allowance for Dirty Work, Height,
Rain, Horticultural Maintenance and
Cleaning, Insanitary Conditions, Health
Facilities, or Building Service Officer
Composite.
Allowance Type Disability
Page 229 of 260
Insanitary Conditions/Sewerage Sludge
Pay rate
at
9/6/22
Additional
Increase
from
05/01/2023
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Park Rangers, Technical Officers
in Parks and Conservation
Services.
Employee Type Park Rangers, Parks and
Conservation Services
employees.
Description An employee called upon to
carry out any of the following
will be paid an allowance:
a. Work in insanitary conditions.
b. Unload sewerage sludge.
c. Inspect, remove or dispose of
stock or wildlife carcasses.
Rate/Frequency Per day $2.43 $2.88 $2.93 $2.96 $3.01 $3.06 $3.13 $3.16 $3.22
Payment on
Leave
Not paid during any type of paid
or unpaid leave.
Exclusion While an employee is paid
Insanitary Conditions /
Sewerage Sludge allowance, the
employee will not be eligible for
the payment of an allowance
for Dirty Work, Industry
(Outdoor), or Health Facilities,
or Building Service Officer
Composite.
Allowance Type Disability
Page 230 of 260
Isolated Establishment
Pay
Rates as
at
Additional
Increase
from
05/01/2023
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93%
from
04/12/202
5
Classification Any
Employee
Type
Any
Description Employees who must travel, in
their own time, to a place of work
located more than 5kms beyond
the Canberra-Queanbeyan urban
boundary, or the boundary of
such other urban area or locality
which is closer to the isolated
establishment will be paid an
allowance. Where the employee
is transported to the isolated
establishment at the expense of
the employer, the allowance will
be paid at half the rate. The
allowance is paid in recognition of
additional travel and the lack of
amenities in respect of any day
the employee is required to
perform duty at an isolated
establishment and is limited to
one payment per day.
Rate/Frequenc
y Per day Namadgi - half rate
$1.72 $2.35 $2.39 $2.42 $2.46 $2.49 $2.56 $2.58 $2.63
Per day Namadgi - full rate $3.43 $4.69 $4.77 $4.82 $4.91 $4.98 $5.10 $5.15 $5.25
Per day Cotter – half rate $2.05 $2.80 $2.85 $2.88 $2.93 $2.97 $3.05 $3.08 $3.13
Per day Cotter – full rate $4.10 $5.61 $5.71 $5.77 $5.87 $5.96 $6.10 $6.16 $6.28
Per day Tidbinbilla – half rate $8.15 $11.15 $11.35 $11.46 $11.66 $11.84 $12.13 $12.25 $12.48
Per day Tidbinbilla – full rate $16.31 $22.31 $22.71 $22.94 $23.34 $23.69 $24.26 $24.51 $24.98
Payment on
Leave
Not paid during any type of paid
or unpaid leave.
Page 231 of 260
Exclusions 1. Isolated Establishment
allowance will not be paid
where the employee claims
Travel Fire Standby or
Travelling Entitlement
allowances.
2. The amount of the allowance
is to be reduced by the
amount of any Motor Vehicle
(or equivalent) allowance that
is payable. If the amount of
any Motor Vehicle (or
equivalent) allowance payable
exceeds the amount of
Isolated Establishment
allowance that would
otherwise be payable, then no
Isolated Establishment
allowance may be authorised.
Allowance
Type
Expense
Page 232 of 260
Motor Vehicle
Classification Any
Employee Type Any
Description The head of service may authorise an
employee to use a motor vehicle they
own or hire in any of the following
situations:
1. For official purposes, where the
head of service is satisfied this use
would do any of the following:
(a) Result in greater efficiency.
(b) Involve the ACT Government in
less expense than if public
transport or a vehicle owned
by the ACT Government were
used.
2. For specified journeys, where the
head of service is satisfied that any
of the following apply:
(a) The use will not result in the
employee taking more time on
the journey than they would
otherwise take.
(b) It would not be contrary to the
interest of the ACT
Government.
3. Travel between normal
headquarters and a temporary
work station, or between the
employee’s home and a temporary
work station, where the head of
service is satisfied that any of the
following apply:
Page 233 of 260
a) There is no public transport
available for travel to the
temporary station.
b) Although public transport is
available, the work program
makes its use impossible.
Rate/Frequency Per km (1) Small car - 1600cc non-
rotary,
800cc rotary:
$0.78
Per km (2) Medium - 1601-2600cc non-
rotary
801-1300cc
rotary:
$0.90
Per km (3) Large – over 2600cc non-
rotary
over 1300cc rotary:
$0.91
Payment on
Leave
Not paid during any type of paid or
unpaid leave.
Notes For electric, hybrid and liquified
petroleum gas (LPG) vehicles and any
type of motorcycle, the rates payable
per kilometre are the rates determined
by the Australian Tax Office as in force
from time to time.
Notes 1. The amount of the allowance is to
be reduced by the amount of any
Isolated Establishments (or
equivalent) allowance that is
payable. If the amount of any
Isolated Establishments (or
equivalent) allowance payable
exceeds the amount of motor
vehicle allowance that would
otherwise be payable, then no
Page 234 of 260
motor vehicle allowance may be
authorised.
2. If an employee satisfies the head of
service that the allowance is
insufficient to meet the amount of
the expenses reasonably incurred
and paid by the employee in using a
motor vehicle for official purposes,
the head of service may grant an
additional allowance equal to the
amount by which those expenses
exceed the amount of the
allowance or allowances.
3. If, as a consequence of using a
motor vehicle an employee is
required to pay a higher insurance
premium than would otherwise be
the case, they are entitled to be
reimbursed the additional cost.
4. Employees who use a private motor
vehicle under the motor vehicle
allowance conditions may be
reimbursed parking fees, bridge and
car-ferry tolls incurred while on
duty, but not fines.
Allowance Type Expense
Page 235 of 260
Overtime Meal
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification All classifications
Employee Type Any
Description An employee who works overtime is
entitled to payment of an allowance, in
addition to any overtime payment, in
any of the following circumstances:
1. Immediately after the completion
of, the employee’s ordinary hours of
duty for the day, a period of at least
1.5 hours overtime is worked prior
to an unpaid meal break being
taken, which is followed by a further
period of overtime of at least 0.5
hours.
2. Before the commencement of the
employee’s ordinary hours of duty
for the day, a period of at least 1.5
hours overtime is worked prior to an
unpaid meal break being taken,
which is followed by a further
period of overtime of at least 0.5
hours.
3. On a Saturday, Sunday or public
holiday, a period of at least 5 hours
overtime is worked, in addition to
the employee’s normal weekly
hours of duty, prior to an unpaid
meal break being taken, which is
followed by a further period of
overtime of at least 0.5 hours.
Rate/Frequency Per occasion $31.60 $32.17 $32.49 $33.05 $33.55 $34.37 $34.71 $35.38
Page 236 of 260
Payment on
Leave
Not paid during any type of paid or
unpaid leave.
Exclusions The allowance is not payable in any of
the following circumstances:
1. Where an appropriate meal is
obtainable by the employee at a
canteen, cafeteria or dining room
conducted, controlled, or assisted
by the directorate, the amount of
meal allowance is the maximum
amount for which an appropriate
meal is obtainable at the canteen,
cafeteria or dining room. This rate is
in substitution for the rate above.
Allowance Type Disability
Page 237 of 260
Pest Control Unit
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Technical Officers
Employee Type Horticultural maintenance and
cleaning employees engaged on a
permanent basis as members of the
Pest Control Unit.
Description Employees engaged on a permanent
basis as members of the Pest Control
Unit will be paid an allowance for all
purposes, having regard to particular
and specific conditions and
requirements of their work.
Rate/Frequency Per week $14.81 $15.08 $15.23 $15.49 $15.72 $16.11 $16.27 $16.58
Payment on
Leave
Paid during LSL, annual leave, paid
personal leave, paid birth leave and
other paid leave.
Allowance Type Functional
I I I I I I I
Page 238 of 260
Poisons Handling
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Park Rangers, Technical Officers
Employee Type Horticultural maintenance and cleaning
employees, Park Rangers
Description Employees who hold a Chemical
Handling or other relevant certificate
and have been trained in poisons
handling, who are required to use
poisons (including sprays and baiting)
for the destruction of weeds or vermin
will be paid an allowance whilst so
occupied.
Rate/Frequency Per day (1) Spray or other destruction
of weeds or vermin:
$5.61 $5.71 $5.77 $5.87 $5.96 $6.10 $6.16 $6.28
Per day (2) High pressure sprays for
the destruction of weeds or vermin:
$7.21 $7.34 $7.41 $7.54 $7.65 $7.84 $7.92 $8.07
Payment on
Leave
Not paid during any type of paid or
unpaid leave.
Exclusions An employee who is paid this allowance
is not eligible for Health Facilities or
Facilities Management Composite
allowances.
Allowance Type Disability
Page 239 of 260
Rain
Pay
Rates as
at at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Park Rangers, Technical Officers
Employee Type Any
Description Employees directed to work in rain,
including where suitable protective
clothing is provided, will be paid an
allowance.
Rate/Frequency Per day or part thereof $11.20 $11.40 $11.51 $11.71 $11.89 $12.18 $12.30 $12.54
Payment on
Leave
Not paid during any type of paid or
unpaid leave.
Exclusions 1. An employee who is paid Health
Facilities or Facilities
Management Composite
allowances is not eligible for
Rain allowance.
Allowance Type Disability
Page 240 of 260
Relocation
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Technical Officers
Employee Type Health employee working in ACT
Pathology
Description Where an employee who works at a
pathology collection centre is notified
that they are required to commence
their next duty at a different time or a
different location
they will be paid an allowance for the
duration of the relocation.
Rate/Frequency First day $34.17 $34.78 $35.13 $35.74 $36.28 $37.16 $37.53 $38.26
Subsequent days $17.08 $17.39 $17.56 $17.87 $18.13 $18.58 $18.76 $19.12
Payment on
Leave
Not paid during any type of paid or
unpaid leave.
Special
Conditions
Payment of the allowance will
be capped at a maximum of 5 days for
each continuous relocation.
Exclusions While an employee is paid Relocation
allowance, the employee will not be
eligible for the payment of an allowance
for Motor Vehicle, or Excess Fares.
Allowance Type Expense
Page 241 of 260
Sterilising Technology Certificate
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Sterilising Services Health Service
Officers,
Technical Officers.
Employee Type Health employees
Description An employee employed at Sterilising
Services who holds a current accredited
sterilising technology certificate and
who is performing sterilizing work will
be paid the certificate allowance.
Rate/Frequency Per annum (paid in equal fortnightly
instalments)
$520 $529.31 $534.60 $543.90 $552.06 $565.53 $571.19 $582.21
Payment on
Leave
Paid during long service leave, annual
leave, paid personal leave, paid birth
leave and other paid leave.
Allowance Type Qualification
Page 242 of 260
Travel – Fire Standby
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Any
Employee Type Any
Description An employee who is an approved ‘fire
trained employee’ as set out at clause
M2 -, who is directed to undertake fire
standby duties at a location other than
their normal work location, and is
required to travel to the standby
location in their own motor vehicle, will
be paid an allowance:
Rate/Frequency Per day $11.97 $12.18 $12.31 $12.52 $12.71 $13.02 $13.15 $13.40
Payment on
Leave
Not paid during any type of paid or
unpaid leave.
Allowance Type Expense
I
Page 243 of 260
Travelling Entitlement
Pay rate
at
9/6/22
1.79% from
05/01/2023
1% from
08/06/2023
1.74% from
07/12/2023
1.5% from
06/06/2024
2.44% from
05/12/2024
1% from
05/06/2025
1.93% from
04/12/2025
Classification Any
Employee Type Education support employee
Description An employee appointed to, or on
contract at, Birrigai at Tidbinbilla or
Jervis Bay Primary School will be paid
the following allowance for each
complete trip when the employee
attends duty to a maximum of one per
day. An employee is entitled to be paid
the full rate of the entitlement for
each continuous period of duty if they
travel at their own expense for any of
the following reasons:
(a) They must travel to an isolated
establishment to attend for a
period of normal duty.
(b) They have been directed to return
to duty, with or without prior
notice, to perform extra duty.
Where an employee travels at the
Directorate’s expense on the journey
either to or from the isolated
establishment, they are entitled to be
paid the partial rate.
Rate/Frequency Per day (a) travel at the
Directorate’s
expense, to or from
$9.75 $9.92 $10.02 $10.20 $10.35 $10.60 $10.71 $10.92
Per day (b) travel at the employee’s
expense
$4.87 $4.96 $5.01 $5.09 $5.17 $5.30 $5.35 $5.45
Payment on
Leave
Not paid during any type of paid or
unpaid leave.
Exclusions An employee who lives in a dwelling
provided by the Directorate at the
Page 244 of 260
isolated establishment, or lives within
10 kms of it, is not entitled to
Travelling Entitlement unless they
receive a payment for the use of a
private motor vehicle for official
purposes.
An employee who is paid Travelling
Entitlement is not eligible for Isolated
Establishment allowance.
Special
Conditions
Where an employee receives
payments of an allowance provided
under this provision and the payment
is less than the travelling entitlement,
they are entitled to be paid the
difference between the payment
received and the travelling
entitlement.
Allowance Type Expense
Page 245 of 260
DEFINITIONS:
Cadet means an employee who is undertaking a cadetship.
Canberra Cemeteries employee means an employee who performs duties at Canberra Cemeteries.
Capital Linen Service employee means an employee who performs duties at Capital Linen Service.
Education support employee means an employee who performs duties and/or services related to education support in
schools
Health employee means an employee employed by the ACT Health Directorate and Canberra Health Services
or Calvary Health Care ACT Ltd..
Horticultural maintenance and cleaning employee means an employee who undertakes all or any duties which include horticultural
maintenance, cleaning and litter collection, inspection and reporting of playground and
irrigation assets, collection of shopping trolleys, pest control and other similar duties.
Park Ranger means an employee engaged on duties which include the patrolling, inspection and
protection of parks and reserves and the formulation and implementation of associated
management and development plans. The duties also include the performance of
interpretation activities; the operation and routine maintenance of associated facilities and
equipment; the conduct of, or assistance, with field surveys and investigations; and the co-
ordination of search and rescue operations. It also includes the field supervision and training
of staff engaged in these activities.
Page 246 of 260
ANNEX D – OTHER LEAVE
Leave to:
1. Attend Aboriginal or Torres Strait Islander Ceremonies
Purpose The head of service may approve an employee’s application to access leave to attend a ceremony associated with the death of
an immediate or extended family member or for other ceremonial obligations under Aboriginal and Torres Strait Islander law.
Eligibility An employee who is of Aboriginal or Torres Strait Islander descent.
Entitlement A maximum period of 10 days in any 2-year period, in addition to bereavement leave.
Conditions -
Rate of payment Full pay.
Effect on other
entitlements
Will count as service for all purposes.
Leave to:
2. Attend Aboriginal and Torres Strait Islander meetings
Purpose The head of service may approve an employee’s application to access leave to attend representative meetings in the capacity of
an elected representative of the Aboriginal and Torres Strait Islander peak body.
Eligibility An employee who is an elected representative of the ACT Aboriginal and Torres Strait Islander peak body.
Entitlement Paid time to attend recognised meetings.
Conditions If an employee accepts any fee for attendance at the meeting, leave is granted without pay.
An employee may accept reimbursement for out-of-pocket expenses.
Rate of payment Full pay.
Effect on other
entitlements
Will count as service for all purposes.
Page 247 of 260
Leave to:
3. Attend NAIDOC week activities
Purpose The head of service may approve an employee’s application to access leave to enable an employee to attend and participate in
NAIDOC Week activities.
Eligibility An employee other than a casual employee.
Entitlement This leave may be granted for one complete day or for varying periods over the week’s activities, totalling the equivalent of
one complete day.
Conditions Subject to operational requirements.
Rate of payment Full pay.
Effect on other
entitlements
Will count as service for all purposes.
Leave to:
4. Religious purposes
Purpose The head of service may approve an employee’s application to access leave to enable an employee to attend a ceremony
integral to the practice of the employee’s religious faith.
Eligibility An employee who is an adherent to the particular religious faith and who is a practising member of that religious faith.
Entitlement A maximum period of 10 days in any 2 year period.
Conditions Religious leave is only available for ceremonies that are of significant importance to the particular faith that are generally
observed by the entire faith. Leave is not available for ceremonies that are only of significance to the individual member of the
particular religious faith.
Rate of payment Without pay.
Effect on other
entitlements
Will not count as service for any purpose.
Page 248 of 260
Leave to:
5. Defence Reserve
Purpose The head of service may approve an employee’s application to access leave to enable an employee to undertake specified
defence service and, also, enlistment, training or deployment with the Australian Defence Force Reserve (ADFR).
Eligibility Available to employees other than casual employees.
Entitlement The entitlement to leave for Reserve Service is prescribed under the Defence Reserve Service (Protection) Act 2001.
An employee may be granted leave (with or without pay) to enable the employee to fulfil Australian Defence Force (ADF)
Reserve and Continuous Full Time Service (CFTS) or Cadet Force obligations.
An employee is entitled to ADF Reserve Leave with pay, for up to 4 weeks during each financial year for the purpose of
fulfilling service in the ADF Reserve. These purposes include training and operational duty as required.
During an employee’s first year of ADF Reserve service, a further 2 weeks paid leave may be granted by the head of service to
facilitate participation in additional ADF Reserve training, including induction requirements.
With the exception of the additional 2 weeks in the first year of service, leave can be accumulated and taken over a period of 2
years, to enable the employee to undertake training as a member of the ADF Reserves.
Employees are not required to pay their tax-free ADF Reserve salary to the ACTPS in any circumstances.
An employee who is an officer or instructor of cadets in a Cadet Force may be granted paid leave of up to 3 weeks each
financial year to perform duties as an officer or instructor of Cadets. For these purposes ‘Cadet Force’ means the Australian
Navy Cadets, Australian Army Cadets, or the Australian Air Force Cadets.
Defence Reserve Leave counts as service for all purposes, except for unpaid leave to undertake CFTS. Unpaid leave for the
purpose of CFTS counts for all purposes except Annual Leave.
An eligible employee may also apply for Annual Leave, Long Service Leave, leave without pay, or they may use ADOs or
flextime (where available) to make up time for the purpose of fulfilling ADF Reserve, CFTS or Cadet Force obligations.
Conditions An eligible employee must give notice to the head of service as soon as practicable of their absence or intention to be absent for
Defence Reserve Leave, including documentary evidence.
Rate of payment With pay or without pay.
Effect on other
entitlements
As per entitlement.
Page 249 of 260
Leave to:
6. Operational Service Personal Leave
Purpose The head of service may approve an employee’s application to access leave to enable officers and employees who have
rendered operational service to be absent from duty when they are unfit for work because of war-caused injuries or diseases.
Eligibility An officer or employee (other than a casual employee) who has rendered operational service.
Entitlement Operational service personal leave is cumulative and is additional to personal leave entitlements contained in clause E4.
Officers:
On appointment, an eligible officer is entitled to 9 weeks operational service personal leave.
An eligible officer is entitled to receive an additional credit of 3 weeks operational service personal leave at all of the
following times:
12 months after the date of appointment.
24 months after the date of appointment.
36 months after the date of appointment.
The maximum operational service personal leave balance that an eligible officer may have is 18 weeks.
Employees (other than Officers):
On engagement, an eligible employee is entitled to 9 days operational service personal leave.
An eligible employee is entitled to receive an additional credit of 3 days operational service personal leave at all of the
following times:
12 months after the date of engagement.
24 months after the date of engagement.
36 months after the date of engagement.
The maximum operational service personal leave balance that an eligible employee may have is 18 days.
Where operational service personal leave credits have been exhausted, the head of service may grant an employee personal
leave or a period of unpaid operational service personal leave.
Evidence and Conditions An eligible officer or employee should discuss with their manager or supervisor, as soon as practicable, of their absence or
intention to be absent on operational service personal leave.
Page 250 of 260
An eligible officer or employee must make an application to the head of service to access their operational service personal
leave entitlement.
Having considered the requirements of this clause the head of service may approve an eligible officer or employee’s
application to access operational service personal leave. A decision not to approve the leave will be taken in accordance with
subclause E3.1.
Leave to: 6. Operational Service Personal Leave (cont.)
Operational service personal leave may be granted by the head of service for any of the following:
(a) To cover absences resulting from war-caused injury or diseases.
Following a written request from an eligible officer or employee, which must include documentary evidence that the absence
is due to the war-caused injury or disease, including evidence that the injury or disease is a war-caused injury or disease in
accordance with the requirements of the Veterans’ Entitlement Act 1986 (Commonwealth).
Rate of payment With pay. The rate of payment to be paid to the employee during a period of operational service personal leave is the same
rate as would be paid if the employee was granted personal leave, except where it is granted without pay.
Effect on other entitlements Operational service personal leave with pay will count as service for all purposes.
Operational service personal leave without pay will not count as service.
Interpretation Operational service has the same meaning as in the Veterans’ Entitlement Act 1986 (Commonwealth).
War-caused injuries or diseases has the same meaning as in the Veterans’ Entitlement Act 1986 (Commonwealth).
Page 251 of 260
Leave to:
7. Returned soldiers for medical purposes
Purpose The head of service may approve an employee’s application to access leave to enable an employee to attend an appointment
for treatment or review as a returned soldier under the Veterans’ Entitlement Act 1986 (Commonwealth).
Eligibility An employee who is a returned soldier.
Entitlement A maximum period of 2 weeks in any 12 month period.
Conditions -
Rate of payment Full pay.
Effect on other entitlements Will count as service for all purposes.
Leave to:
8. Accompany a domestic partner on a posting
Purpose The head of service may approve an employee’s application to access leave to enable an employee to accompany the
employee’s domestic partner for the period, or part of the period, of an interstate or overseas posting.
Eligibility An employee whose domestic partner is posted to interstate or overseas employment by their employer, and the employer is
one of the following:
• the ACTPS,
• the APS,
• Calvary Hospital Incorporated,
• A statutory authority established under a Federal, state or territory law.
or the domestic partner is employed in a capacity that is directly relevant to representing Australia’s national interest.
For the purpose of this leave, ‘post’ means any office or other establishment of the employers above, where an employee’s
domestic partner is required by the employer to serve interstate or overseas, for any purpose. This includes a mission,
appointment, station or place in a country overseas.
Page 252 of 260
Entitlement The maximum period is the period during which the domestic partner of the employee is required to perform duties overseas,
or interstate.
Conditions -
Rate of payment Without pay.
Effect on other entitlements Will not count as service for any purpose.
Leave for:
9. Engage in employment in the interests of defence or public safety
Purpose The head of service may approve an employee’s application to access leave to enable the employee to engage in work or
employment that the head of service considers is in the interests of the defence or public safety of the Commonwealth or the
Territories.
Eligibility An employee.
Entitlement A maximum period of 2 years.
Conditions -
Rate of payment Without pay.
Effect on other entitlements The first 12 months will count as service for all purposes.
Subsequent leave will count as service for all purposes except annual leave.
If an employee does not return to duty with the ACTPS the leave will not count as service for any purpose.
Page 253 of 260
Leave to: 10. Attend as a witness
Purpose The head of service may approve an employee’s application to access leave to enable an employee to give evidence before a
body or person before whom evidence may be taken on oath.
Eligibility An employee.
Entitlement Refer to rate of payment.
Conditions If an employee is required to travel to give evidence, they may be reimbursed for reasonable travel expenses as if the
employee had travelled in the course of the employee’s duties, less any amount received as witnesses’ expenses.
Rate of payment With pay where the employee is to give evidence for any of the following:
(a) On behalf of a Territory, a State or the Commonwealth.
(b) On behalf of an authority established by or under a law of a Territory, State or the Commonwealth.
(c) In a judicial review or administrative review proceeding where the matter being reviewed relates to the work of the
employee; or
(d) Before a Royal Commission appointed under a law of the Commonwealth.
(e) Before a person conducting an inquiry under a law of a Territory, a State or the Commonwealth.
(f) Before a person or authority exercising arbitral functions under a law of a Territory, a State or the Commonwealth.
Without pay where the leave to give evidence is for any other purpose.
Effect on other entitlements Will count as service for all purposes.
Leave to:
11. Attend proceedings at the Fair Work Commission
Purpose The head of service may approve an employee’s application to access leave to enable the employee to give evidence on
behalf of a staff organisation in proceedings at the Fair Work Commission. An employee may be granted a period of leave as
required in the circumstances and may be with or without pay depending on the circumstances.
Page 254 of 260
Eligibility An employee who is a representative of a staff organisation.
Entitlement The time necessary to present a case or to give evidence or to attend inspections conducted by the Fair Work Commission,
plus reasonable travel time.
Conditions Leave with pay cannot be granted to more than 2 representatives for the same period.
Rate of payment With pay or without pay.
Effect on other entitlements With pay does count as service for all purposes.
Without pay does not count as service for any purpose, but does not break continuity of service for long service leave
purposes.
Leave to:
12. Donate an organ
Purpose The head of service may approve an employee’s application to access leave to enable an employee to donate an organ.
Eligibility An employee who volunteers as an organ donor.
Entitlement A maximum period of 3 months in any 12 month period.
Conditions -
Rate of payment Full pay.
Effect on other entitlements Will count as service for all purposes.
Leave to:
13. Donate blood
Purpose The head of service may approve an employee’s application to access leave to enable an employee to donate blood.
Eligibility An employee, who volunteers as a blood donor.
Entitlement The time necessary to attend to give blood, including travel and reasonable recovery time.
Page 255 of 260
Conditions -
Rate of payment Full pay.
Effect on other entitlements Will count as service for all purposes.
Leave to:
14. Hold a full-time office in a staff organisation
Purpose The head of service may approve an employee’s application to access leave to enable an employee to hold a full-time office
in a staff organisation; council of staff organisations, or credit union, co-operative society, building co-operative or similar
body.
Eligibility An employee
Entitlement The maximum period of leave that may be granted is the period for which the employee is elected to office, or in the case of a
non-elected office, 3 years.
Conditions To be eligible for leave to hold a non-elected office the employee must have been employed in the ACTPS or in the
Australian Public Service for at least 4 years, at the date at which the leave is proposed to begin. Leave may only be granted
for this purpose where the relevant body is incorporated and is conducted by, or on behalf of, a staff organisation for the
benefit of the members of the staff organisation or all persons employed in the ACTPS.
Rate of payment Without pay.
Effect on other entitlements Will count as service for accruing personal leave and calculating the period of service for long service, except where the
leave is to enable the employee to take up an honorary office. Where leave is granted to enable the employee to take up an
honorary office, the first 2 months leave in each calendar year will count as service for all purposes. Leave in excess of 2
months in a calendar year will not count as service for any purpose other than ongoing eligibility to access birth leave as
provided by subclause E14.7.
Leave to: 15. Local government purposes
Purpose The head of service may approve an employee’s application to access leave to enable the employee to attend formal
meetings, in the capacity of an elected office holder, of a local government council.
Eligibility An employee who is a duly elected office holder of a local government council.
Page 256 of 260
Entitlement A maximum period of one of the following:
(a) In the case of an employee who is mayor or president of the council, 5 days in any 12 month period.
(b) In any other case 3 days in any 12 month period
Conditions -
Rate of payment Full pay.
Effect on other entitlements Will count as service for all purposes.
Leave for:
16. Campaign for election
Purpose The head of service may approve an employee’s application to access leave to enable the employee to campaign for election.
Eligibility An employee who is standing for election to the ACT Legislative Assembly, Commonwealth or State House of Parliament,
or other approved legislative or advisory body approved by the head of service.
Entitlement A maximum period of 3 months.
Conditions -
Rate of payment Without pay.
Effect on other entitlements Will not count as service for any purpose.
Page 257 of 260
Leave for: 17. Attend sporting events as an accredited competitor or official
Purpose The head of service may approve an employee’s application to access leave to enable an employee to attend sporting events
as an accredited competitor or official.
Eligibility An employee who is selected by an official sporting body to participate as an accredited official or competitor with national
or international sporting status.
Entitlement To attend training for, or to attend, a major national or international sporting or other recognised event in the capacity of an
accredited official or competitor.
Conditions Leave is with pay unless otherwise agreed by the employee.
Rate of payment With pay or without pay.
Effect on other entitlements With pay does count as service for all purposes.
Without pay does not count as service for any purpose.
Leave for: 18. Cope with a disaster
Purpose The head of service may approve an employee’s application to access leave when an employee is affected by a disaster which
has destroyed or significantly damaged the employee’s usual place of residence or its contents.
Eligibility An employee whose home is wholly or partly uninhabitable associated with health or safety reasons.
Entitlement A maximum period of 3 days in each consecutive period 12 months.
Conditions -
Rate of payment Full pay.
Effect on other entitlements Will count as service for all purposes.
Leave for: 19. Engage in employment associated with compensation
Purpose The head of service may approve an employee’s application to access leave to enable an employee to engage in employment
outside the ACTPS as part of a rehabilitation process under the Safety, Rehabilitation and Compensation Act 1988.
Page 258 of 260
Eligibility An employee who is, or was, entitled to compensation leave under the Safety, Rehabilitation and Compensation Act 1988 and
the employment is part of a rehabilitation process under that Act.
Entitlement A maximum period of 3 years.
Conditions -
Rate of payment Without pay.
Effect on other entitlements Will count as service for all purposes.
Leave for: 20. Engage in employment in the interests of the ACTPS
Purpose The head of service may approve an employee’s application to access leave to enable an employee to engage in work or
employment outside the ACTPS where the head of service is satisfied that the employment is in the interests of the ACTPS.
Eligibility An employee, (other than an employee) who meets one of the following:
(a) They are a probationary employee.
(b) They have 6 months or less continuous employment.
Entitlement A maximum period of 5 years.
Conditions -
Rate of payment Without pay.
Effect on other entitlements Will count as service for all purposes except for annual leave.
If an employee does not return to duty with the ACTPS the leave will not count as service for any purpose.
Leave to: 21. Take leave where leave cannot be granted under any other provision
Purpose The head of service may approve an employee’s application to access leave to enable an employee to be absent from duty
where the leave cannot be provided for elsewhere.
Page 259 of 260
Eligibility An employee.
Entitlement A maximum period of 12 months.
Conditions -
Rate of payment Without pay, except where the head of service determines there are special circumstances, having regard to:
(a) the purpose for which the leave is being taken; and
(b) the length of service of the employee; and
(c) the length of the period for which the leave is being taken.
In special circumstances the head of service determines whether leave is at full pay or half pay.
Effect on other entitlements Leave without pay will not count as service for any purpose. However where the head of service determines there are special
circumstances and that the period of leave granted is to be with pay then the paid leave will count as service for all purposes.
Page 260 of 260
Construction, Forestry, Mining Energy Union
Community and Public Sector Union
Signatory Page
ACT Public Sect or Technical and Other Professional Enterprise Agreement 2023-2026
REPRESENTATIVE OF EMPLOYER
SIGNATURE: ~
NAME Kathy Leigh
ADDRESS 220 London Circuit, Canberra City ACT 2601
AUTHORITY TO SIGN THE Signatory holds the Office of Head of Service, ACT
AGREEMENT Public Sector
REPRESENTATIVE OF EMPLOYEES
SIGNATURE: hk/~
NAME Michael Hiscox
ADDRESS 7-10/8 Cape Street, Dickson, ACT 2602
AUTHORITY TO SIGN THE Assistant Secretary, CFMEU, C&G, ACT Divisional
AGREEMENT Branch
REPRESENTATIVE OF EMPLOYEES
SIGNATURE: IIJ·!V---.
NAME Madeline Northam
ADDRESS Level 4, 224 Bunda St Canberra 2601
AUTHORITY TO SIGN THE CPSU ACT Regional Secretary
AGREEMENT
REPRESENTATIVE OF EMPLOYEES SIGNATURE: Michael Hiscox NAME Michael Hiscox ADDRESS 7-10/8 Cape Street, Dickson, ACT 2602 AUTHORITY TO SIGN THE Assistant Secretary, CFMEU, C&G, ACT Divisional AGREEMENT Branch
Signatory Page ACT Public Sector Technical and Other Professional Enterprise Agreement 2023-2026 REPRESENTATIVE OF EMPLOYER SIGNATURE: NAME Kathy Leigh ADDRESS 220 London Circuit, Canberra City ACT 2601 AUTHORITY TO SIGN THE Signatory holds the Office of Head of Service, ACT AGREEMENT Public Sector
REPRESENTATIVE OF EMPLOYEES SIGNATURE: M.Na NAME Madeline Northam ADDRESS Level 4, 224 Bunda St Canberra 2601 AUTHORITY TO SIGN THE CPSU ACT Regional Secretary AGREEMENT
CEPU Plumbing Division
REPRESENTATIVE OF EMPLOYEES
SIGNATURE: ~ ;a - "' -
NAME Theo Samartzopoulos
ADDRESS Shop 1/111 McEvoy St Alexandria 2015
AUTHORITY TO SIGN THE State Secretary of the CEPU Plumbing Division NSW
AGREEMENT Branch
REPRESENTATIVE OF EMPLOYEES SIGNATURE: NAME Theo Samartzopoulos ADDRESS Shop 1/111 McEvoy St Alexandria 2015 AUTHORITY TO SIGN THE State Secretary of the CEPU Plumbing Division NSW AGREEMENT Branch
SIGNATORY PAGE
ACT Public Sector Technical and Other Professional Enterprise Agreement 2023-2026
REPRESENTATIVE OF EMPLOYEES
SIGNATURE:
NAME Kathleen Studdert
ADDRESS 4/7 Napier Cl Deakin ACT 2600
AUTHORITY TO SIGN THE
AGREEMENT
ACT Director
--Z7- -
UNION SIGNATURE PAGE
I am authorised to sign this Agreement as a nominated bargaining representative on
behalf of the Health Services Union, NSW/ACT/QLD Branch:
DATE
PRINT NAME
GENERAL SECRETARY, HSU NSW/ACT/QLD BRANCH
PRINT TITLE OR AUTHORITY
LEVEL 2, 109 PITT ST, SYDNEY, NSW 2000
ADDRESS
UNION SIGNATURE PAGE I am authorised to sign this Agreement as a nominated bargaining representative on behalf of the Health Services Union, NSW/ACT/QLD Branch: 14/12/23 SIGNATURE DATE Gerard Hagas PRINT NAME GENERAL SECRETARY, HSU NSW/ACT/QLD BRANCH PRINT TITLE OR AUTHORITY LEVEL 2, 109 PITT ST, SYDNEY, NSW 2000 ADDRESS
THE FAIR WORK COMMISSION
FWC Matter No.:
AG2023/5155
Applicant:
ACT Public Sector
Section 185 – Application for approval of a single enterprise agreement
Undertaking – Section 190
I, Geoffrey Rutledge, Deputy Director-General have the authority given to me by the ACT
Government to give the following undertakings with respect to the ACT Public Sector Technical and
Other Professional Enterprise Agreement 2023-2026 ("the Agreement"):
1. I undertake on behalf of the ACT Government to apply the minimum amount payable in
respect of the supported wage provision at clause D4.1 of the Agreement that the minimum
amount payable is not to be less than 10% of the second point of the ASO1 pay range, as set
out in the ACTPS Administrative and Related Classifications Enterprise Agreement 2023-
2026.
This undertaking is provided on the basis of issues raised by the Fair Work Commission in the
application before the Fair Work Commission.
Signature ___________________________
Date 4 January 2024
