Department of Social Services Enterprise Agreement 2024-2027

1

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

Commonwealth Of Australia As Represented By The Department Of Social 
Services
(AG2024/439)

DEPARTMENT OF SOCIAL SERVICES ENTERPRISE AGREEMENT 
2024-2027

Commonwealth employment

COMMISSIONER PLATT ADELAIDE, 12 MARCH 2024

Application for approval of the Department of Social Services Enterprise Agreement 2024-
2027

[1] An application has been made for approval of an enterprise agreement known as the 
Department of Social Services Enterprise Agreement 2024-2027 (the Agreement) pursuant to 
s.185 of the Fair Work Act 2009 (the Act) by Commonwealth Of Australia As Represented By 
The Department Of Social Services (the Applicant). The agreement is a single enterprise 
agreement.

[2] The matter was allocated to my Chambers on 1 March 2024.

[3] On 4 March 2024, I conducted a telephone conference with the parties to seek 
clarification about aspects of the Agreement and invited the Applicant to address these matters 
including through the provision of an undertaking.

[4] In respect of the Notice of Employee Representational Rights (NERR) deficiency, it 
appears the Agreement name on the NERR referred to the year 2023, rather than 2024-2027.  I 
am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error 
is minor and that the employees were not likely to have been disadvantaged, and accordingly, 
that there has been a genuine agreement.

[5] There is one National Employment Standard (NES) issue that requires comment:

 Clause 52 provides that on termination, the employer may deduct from the 
employee's final payment, any amount it is authorised by the employee to deduct, 
including any overpayment. This provision may operate to reduce an employee’s 
entitlement to payment of NES entitlements.

[2024] FWCA 900

DECISION
FairWork 

Commission 


AUSTRALIA FairWork Commission




 



[2024] FWCA 900

2

[6] Clause 6 of the Agreement acts as an effective NES precedence clause. As a result, the 
above clause will not apply to the extent it is inconsistent with the NES. 

[7] The Applicant has submitted an undertaking in the required form dated 8 March 2024, 
a copy of which is attached to the Agreement. The undertaking deals with the following topics:

 Part-time safeguards and minimum engagement have been inserted consistent with 
the Australian Public Service Enterprise Award 2015.

 For BOOT issues relating to Higher Duties (for APS 1 employees) and Saturday 
Overtime (for Shiftworkers), the Applicant has implemented a reconciliation process 
in line with Shop, Distributive and Allied Association v Beechworth Bakery Employee 
Co Pty Ltd T/A Beechworth Bakery.1 

[8] A copy of the undertaking has been provided to the bargaining representatives and I 
have sought their views in accordance with s.190(4) of the Act. The bargaining representatives 
did not express any view on the undertaking.

[9] The undertaking appears to meet the requirements of s.190(3) of the Act and I have 
accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[10] The Community and Public Sector Union, being a bargaining representative for the 
Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In 
accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[11] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are 
relevant to this application for approval have been met.

[12] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
7 days after the date of approval of the Agreement. The nominal expiry date is 28 February 
2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

AE523806  PR772284

1 [2017] FWCFB 1664.


OF THE FAIR YORK S THE NOISSINNA




 



[2024] FWCA 900

3








 

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Department of Social Services 

Enterprise Agreement 

2024-2027 
  






delo
undertaking



 

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Table of Contents 

Department of Social Services Enterprise Agreement 2024-2027 ................................................... 1 

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

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

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

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

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

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

Closed comprehensive Agreement ................................................................................................. 8 

Individual flexibility arrangements ................................................................................................. 9 

Definitions ..................................................................................................................................... 10 

Section 2: Remuneration .................................................................................................................. 12 

Salary ............................................................................................................................................. 12 

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

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

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

Salary advancement .................................................................................................................. 14 

Salary advancement – temporary assignment of duties to a higher classification .................. 14 

Other clauses ............................................................................................................................ 15 

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

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

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

Salary packaging ............................................................................................................................ 16 

Overpayments ............................................................................................................................... 16 

Supported wage system ................................................................................................................ 17 

Section 3: Allowances and reimbursements ..................................................................................... 18 

Higher duties allowance ................................................................................................................ 18 

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

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

Departmental liaison officer allowance ........................................................................................ 20 

Motor vehicle allowance ............................................................................................................... 21 

Extra family care costs .................................................................................................................. 21 








 

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Overtime meal allowance ............................................................................................................. 21 

Loss or damage to clothing or personal effects ............................................................................ 21 

Allowance rates - Adjustment ....................................................................................................... 22 

Section 4: Classifications and Broadbands ........................................................................................ 23 

Work Level Standards ................................................................................................................... 23 

Broadbands ................................................................................................................................... 23 

Section 5: Working hours and arrangements ................................................................................... 24 

Job security ................................................................................................................................... 24 

Commitment to ongoing employment and rebuilding APS capacity ........................................ 24 

Reporting................................................................................................................................... 24 

Pathways to permanency ......................................................................................................... 24 

Casual (irregular or intermittent) employment ............................................................................ 24 

Non-ongoing employment ............................................................................................................ 25 

Working hours ............................................................................................................................... 25 

Flex for APS 1-6 Classifications ...................................................................................................... 26 

Reversion to standard hours ..................................................................................................... 26 

Excess Flex Credits .................................................................................................................... 26 

Excess Flex Debit ....................................................................................................................... 26 

Flex Credit/Debit on cessation .................................................................................................. 26 

Executive Level Time Off in Lieu (EL TOIL) .................................................................................... 26 

EL Employees – overtime and related payments...................................................................... 27 

Overtime and restriction ............................................................................................................... 27 

Overtime ................................................................................................................................... 27 

Rest period ................................................................................................................................ 28 

Emergency duty ........................................................................................................................ 28 

Restriction duty ......................................................................................................................... 28 

Shiftwork ....................................................................................................................................... 29 

Flexible working arrangements ..................................................................................................... 30 

Requesting formal flexible working arrangements ................................................................... 30 

Varying, pausing or terminating flexible working arrangements ............................................. 32 

Working from home .................................................................................................................. 33 

Ad-hoc arrangements ............................................................................................................... 33 

Altering span of hours ............................................................................................................... 34 

Part-time work .............................................................................................................................. 34 








 

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Christmas and Easter closedown .................................................................................................. 34 

Public holidays .............................................................................................................................. 35 

Section 6: Leave ................................................................................................................................ 37 

Annual leave .................................................................................................................................. 37 

Excess annual leave ................................................................................................................... 37 

Voluntary Cash out of Annual Leave ......................................................................................... 37 

Purchased leave ............................................................................................................................ 38 

Extended purchased leave ........................................................................................................ 38 

Sabbatical leave ............................................................................................................................ 39 

Personal/carer’s leave................................................................................................................... 39 

Ongoing employees .................................................................................................................. 39 

Non-ongoing employees ........................................................................................................... 39 

Arrangements for personal/carer's leave ................................................................................. 40 

Portability of leave ........................................................................................................................ 41 

Re-crediting of leave ..................................................................................................................... 42 

Long service leave ......................................................................................................................... 43 

Miscellaneous leave ...................................................................................................................... 43 

Cultural, ceremonial and NAIDOC leave ....................................................................................... 43 

NAIDOC leave ............................................................................................................................ 43 

First Nations ceremonial leave.................................................................................................. 43 

Cultural leave ............................................................................................................................ 43 

Parental leave ............................................................................................................................... 44 

Payment during parental leave ................................................................................................. 44 

Adoption and long-term foster care ......................................................................................... 45 

Stillbirth ..................................................................................................................................... 46 

Pregnancy loss leave ................................................................................................................. 46 

Premature birth leave ............................................................................................................... 46 

Transitional provisions .............................................................................................................. 46 

Return to work .......................................................................................................................... 47 

Compassionate leave .................................................................................................................... 47 

Bereavement leave ....................................................................................................................... 47 

Emergency response leave ........................................................................................................... 48 

Jury duty ........................................................................................................................................ 48 

Community volunteering leave ..................................................................................................... 49 








 

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Defence reservist leave ................................................................................................................. 49 

Defence service sick leave............................................................................................................. 50 

Leave to attend proceedings ........................................................................................................ 50 

Section 7: Employee support and workplace culture ....................................................................... 52 

Blood donation .............................................................................................................................. 52 

Vaccinations .................................................................................................................................. 52 

Employee Assistance Program ...................................................................................................... 52 

Respect at work ............................................................................................................................ 52 

Principles ................................................................................................................................... 52 

Consultation .............................................................................................................................. 52 

Family and domestic violence support ......................................................................................... 53 

Integrity in the APS ....................................................................................................................... 54 

First Nations cultural competency training ................................................................................... 55 

Lactation and breastfeeding support ............................................................................................ 55 

Disaster support ............................................................................................................................ 55 

Section 8: Performance and development ....................................................................................... 57 

Performance management ........................................................................................................... 57 

Workloads ..................................................................................................................................... 58 

Study assistance ............................................................................................................................ 58 

Learning and development ........................................................................................................... 58 

Professional qualifications ............................................................................................................ 58 

Section 9: Travel and location-based conditions .............................................................................. 59 

Travel Allowance ........................................................................................................................... 59 

Payment of travel allowance .................................................................................................... 59 

Part day travel allowance .......................................................................................................... 59 

Adjustment of allowances ........................................................................................................ 59 

Excessive Costs .......................................................................................................................... 59 

Temporary relocation allowance .................................................................................................. 59 

Time off after business travel ....................................................................................................... 60 

Overseas travel ............................................................................................................................. 60 

Relocation assistance .................................................................................................................... 60 

Employee initiated relocation ....................................................................................................... 60 

Remote localities ........................................................................................................................... 61 








 

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Employees in Darwin and Townsville........................................................................................ 62 

Section 10: Consultation, representation and dispute resolution .................................................... 63 

Consultation .................................................................................................................................. 63 

Principles ................................................................................................................................... 63 

When consultation is required ................................................................................................. 63 

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

ordinary hours of work of employees ....................................................................................... 64 

Representation.......................................................................................................................... 64 

Major change ............................................................................................................................ 64 

Change to regular roster or ordinary hours of work ................................................................. 65 

Interaction with emergency management activities ................................................................ 66 

Workplace Consultative Forum .................................................................................................... 66 

APS consultative committee ......................................................................................................... 67 

Dispute resolution ......................................................................................................................... 67 

Leave of absence to attend proceedings .................................................................................. 68 

Delegates’ rights ........................................................................................................................... 69 

Supporting the role of union delegates .................................................................................... 69 

Employee representational rights ................................................................................................ 70 

Section 11: Separation and retention ............................................................................................... 71 

Resignation.................................................................................................................................... 71 

Payment on death of an employee ............................................................................................... 71 

Redeployment, retraining, redundancy ........................................................................................ 71 

Definition .................................................................................................................................. 71 

Notification and consultation ................................................................................................... 72 

Discussion period ...................................................................................................................... 72 

Voluntary redundancy .................................................................................................................. 72 

Redundancy benefit .................................................................................................................. 73 

Calculating service for redundancy pay purposes .................................................................... 73 

Service not to count as service for redundancy pay purposes ................................................. 74 

Period of notice – termination with a voluntary redundancy .................................................. 74 

Involuntary redundancy, retention, redeployment and reduction .............................................. 75 

Retention period ....................................................................................................................... 75 

Redeployment ........................................................................................................................... 75 

Reduction in classification ........................................................................................................ 76 

Period of notice – termination of the retention period............................................................ 76 








 

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Attachment A – Base salaries............................................................................................................ 77 

Entry level broadband ................................................................................................................... 79 

Entry pay points ........................................................................................................................ 80 

Payment to Cadet – Research Officers ..................................................................................... 80 

ICT Cadets ................................................................................................................................. 80 

Requirements ............................................................................................................................ 80 

Legal Pay Scale and Broadband .................................................................................................... 81 

Eligibility for entry to Legal Pay Scale and Broadband .............................................................. 82 

Advancement ............................................................................................................................ 82 

Eligibility for entry to Public Affairs Officer Pay Scale and Broadband ..................................... 84 

Advancement ............................................................................................................................ 84 

Attachment B – Supported Wage System ........................................................................................ 85 

Definitions ..................................................................................................................................... 85 

Eligibility criteria............................................................................................................................ 85 

Supported wage rates ................................................................................................................... 85 

Assessment of capacity ................................................................................................................. 86 

Lodgement of SWS wage assessment agreement ........................................................................ 86 

Review of assessment ................................................................................................................... 87 

Other terms and conditions of employment ................................................................................ 87 

Workplace adjustment .................................................................................................................. 87 

Trial period .................................................................................................................................... 87 

Attachment C – Recognition of allowances ...................................................................................... 88 

 

 

Purpose 

The broad objective of this Agreement is to establish appropriate terms and conditions of 

employment relating to the Department’s operating environment.  

 

  








 

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Section 1: Technical matters  

Title 

1. This Agreement will be known as the Department of Social Services Enterprise Agreement 

2024-2027.   

Parties to the Agreement  

2. This Agreement covers: 

2.1 the Secretary of the Department of Social Services (Secretary), for and on behalf of the 

Commonwealth of Australia as the employer; 

2.2 all employees in the Department of Social Services (Department) employed under the 

Public Service Act 1999 (Cth) (PS Act) other than: 

2.2.1 Senior Executive Service employees or equivalent; and  

2.3 subject to notice being given in accordance with section 183 of the Fair Work Act 2009 

(Cth) (FW Act), and the following employee organisation which was a bargaining 

representative for this Agreement: 

2.3.1 Community and Public Sector Union.   

Operation of the Agreement  

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

Commission. 

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

Delegations 

5. The Secretary may delegate to or authorise any person to perform any or all of the Secretary's 

powers or functions under this Agreement, including the power of delegation, and may do so 

subject to conditions. 

National Employment Standards (NES) precedence  

6. The terms of this Agreement are intended to apply in a manner that does not derogate from 

the NES. The NES will continue to apply to the extent that any term of this Agreement is 

detrimental to an employee of the Department in any respect when compared with the NES. 

Closed comprehensive Agreement  

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

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








 

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

time to time.  

9. Policies and guidelines are not incorporated into and do not form part of this Agreement. To 

the extent that there is any inconsistency between policies and guidelines and the terms of 

this Agreement, the terms of this Agreement will prevail. 

Individual flexibility arrangements  

10. The Department and an employee covered by this Agreement may agree to make an 

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

10.1 the arrangement deals with one or more of the following matters: 

10.1.1 arrangements about when work is performed; 

10.1.2 overtime rates; 

10.1.3 penalty rates; 

10.1.4 allowances; 

10.1.5 remuneration; and 

10.1.6 leave and leave loading; and 

10.2 the arrangement meets the genuine needs of the Department and employee in 

relation to one or more of the matters mentioned in clause 10.1; and 

10.3 the arrangement is genuinely agreed to by the Department and employee.  

11. The Department must ensure that the terms of the individual flexibility arrangement: 

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

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

11.3 result in the employee being better off overall than the employee would be if no 

arrangement was made. 

12. The Department must ensure that the individual flexibility arrangement: 

12.1 is in writing; 

12.2 includes the name of the Department and employee; 

12.3 is signed by the Department and employee and, if the employee is under 18 years of 

age, signed by a parent or guardian of the employee; and 

12.4 includes details of: 

12.4.1 the terms of the Agreement that will be varied by the arrangement; 

12.4.2 how the arrangement will vary the effect of the terms; 

12.4.3 how the employee will be better off overall in relation to the terms and 

conditions of their employment as a result of the arrangement; and 








 

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12.5 states the day on which the arrangement commences.  

13. The Department must give the employee a copy of the individual flexibility arrangement 

within 14 days after it is agreed to. 

14. The Department or employee may terminate the individual flexibility arrangement: 

14.1 by giving no more than 28 days written notice to the other party to the 

arrangement; or 

14.2 if the Department and employee agree in writing – at any time.  

15. The Department and employee are to review the individual flexibility arrangement at least 

every 12 months. 

Definitions  

16. The following definitions apply to this Agreement:  

APS agency means an agency whose employees are employed under the PS Act, including an 

agency as defined in section 7 of the PS Act whose employees are employed under that Act. 

APS consultative committee means the committee established by the APS Commissioner to 

consider matters pertaining to the (APS) employment relationship and of interest to the APS 

as a whole. 

Agreement means the Department of Social Services Enterprise Agreement 2024-2027.   

APS means the Australian Public Service. 

Australian Defence Force Cadets means the Australian Navy Cadets, Australian Army Cadets, 

or the Australian Air Force Cadets. 

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

Broadband refers to the allocation of more than one approved classification by the Secretary 

to a group of duties involving work value applying to more than one classification under 

sub-rule 9(4) of the Public Service Classification Rules 2000. A broadband encompasses the full 

range of work value of the classifications contained within it.  

Casual employee (irregular or intermittent employee) means an employee engaged under 

section 22(2)(c) of the PS Act who: 

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

b. works on an irregular or intermittent basis. 

Classification or classification level means the approved classifications as set out in rule 5 of 

the Public Service Classification Rules 2000. 

Child means a biological child, adopted child, foster child, stepchild, permanent care child or 

ward. 

De facto partner means a person who, regardless of gender, is living in a common 

household with the employee in a bona fide, domestic, interdependent partnership, 

although not legally married to the employee. 








 

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

Department means the Department of Social Services. 

Dependant means the employee’s partner, a child, parent or aged relative of the employee 

or the employee’s partner, who ordinarily lives with the employee and who is substantially 

dependent on the employee. Dependant also includes a child of the employee who does not 

ordinarily live with the employee but for whom the employee provides substantial financial 

support. 

Employee means an employee of the Commonwealth engaged under section 22(2) of the 

PS Act who is covered by this Agreement (whether full-time, part-time or casual, ongoing or 

non-ongoing). 

Employee representative means a person (whether an employee or not) elected or chosen 

by an employee, or elected or chosen by a group of employees in a workplace, to represent 

the individual and/or collective views of those employees in relation to a matter under this 

Agreement.  

Family means: 

a. a partner or former partner of the employee, irrespective of gender or sexuality; 

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

c. a child, parent, grandparent, grandchild or sibling of the employee's partner;  

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

e. a person with whom the employee has a relationship of traditional kinship where 

there is a relationship or obligation, under customs and traditions of the 

community or group to which the employee belongs.  

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

Full-time employee means an employee whose ordinary hours are an average of 37 hours 

and 30 minutes per week in accordance with this Agreement. 

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

Manager means an employee’s direct manager who is usually the person to whom an 

employee reports to on a day-to-day basis for work related matters, and may include a 

person referred to as a supervisor. 

ML Act means the Maternity Leave (Commonwealth Employees) Act 1973 as amended from 

time to time and any successor legislation.  

Non-ongoing employee means an employee engaged under section 22(2)(b) of the PS Act 

for a specified term or for the duration of a specified task, and consistent with the FW Act. 

Normal work location means the designated office location identified in an employee's 

letter of offer or other engagement document, or another location as determined by the 

Secretary in consultation with the employee. 

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

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








 

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Ordinary hours, duty or work means an employee’s usual hours worked in accordance with 

this Agreement and does not include additional hours. 

Parliamentary service means employment under the Parliamentary Service Act 1999. 

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

Part-time employee means an employee whose ordinary hours are less than an average of 

37 hours and 30 minutes per week over a 4 week period in accordance with this Agreement. 

Primary caregiver for the purposes of the parental leave clause means a pregnant employee 

with an entitlement under the ML Act, or an employee other than a casual employee who 

has primary care responsibility for a child who is born to them or who is adopted or in long-

term foster care as per the clauses on adoption and long-term foster care in this Agreement.  

Professional Association means an organisation seeking to further a particular profession, 

the interest of individuals in that profession, and the public interest. 

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

RAO means an employee engaged as a Research Administration Officer.  

Regular hours means a pattern of ordinary hours agreed between a manager and an 

employee to vary standard hours.  

Relevant employee means an affected employee. 

Secondary caregiver for the purposes of the parental leave clause means an employee, 

other than a pregnant employee or casual employee, who has secondary care responsibility 

for a child who is born to them, or for a child who is adopted or in long-term foster care as 

per the clauses on adoption and long-term foster care in this Agreement.  

Secretary means the Secretary of the Department of Social Services or the Secretary's 

delegate.  

Shiftworker means an employee rostered to perform their ordinary hours outside the 

bandwidth hours of 7.00am to 7.00pm, Monday to Friday, and/or on a Saturday, Sunday, 

public holiday or a closedown period for an ongoing or fixed period. 

Standard hours means, for employees other than shift workers, the hours of 8.30am to 

12.30pm and 1.30pm to 5.00pm.  

Term transfer means the transfer, notified in writing, of an employee from one locality to 

another for a fixed period (usually two to three years) to undertake specific duties. The 

written notification of such a transfer should specify both the date of effect and its 

anticipated duration. 

Section 2: Remuneration  

Salary 

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

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








 

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18.1 4.0 per cent from the first full pay period on or after 1 March 2024 (14 March 2024); 

18.2 3.8 per cent from the first full pay period on or after 1 March 2025 (13 March 2025); 

and 

18.3 3.4 per cent from the first full pay period on or after 1 March 2026 (12 March 2026).  

19. In recognition of a common alignment date of the first full pay period on or after 1 March 

each year, the base salary rates in Attachment A – Base salaries were calculated based on base 

salary rates as at 31 August 2023.  

20. Employees who, on commencement of the Agreement, are in receipt of a salary above the top 

of the range pay point for their classification following the salary increases at Attachment A – 

Base salaries will not be eligible for the relevant salary increases. These employees will remain 

on their current salary and subject to satisfactory or higher performance in the previous 

performance assessment period will be eligible for:  

20.1 on commencement of the Agreement, a one-off payment of 1% of their pre- 

Agreement salary;  

20.2 in year two, a one-off payment of 1.5% of their pre- Agreement salary; and  

20.3 in year three, a one-off payment of 0.5% of their pre- Agreement salary.  

The timing of these one-off payments will occur at the same time as the increase to salary 

rates outlined in clause 18. These payments will not count as salary for any purpose. 

21. Employees who, on commencement of the Agreement, were in receipt of a salary above the 

top of the range pay point for their classification following the salary increases at Attachment 

A – Base salaries will transition to the salary structure when their salary no longer exceeds the 

top of the range pay point for their classification. Where an employee on transition to the 

structure receives a salary increase less than the value of the one-off payment available at 

that time they will receive the one-off payment in addition to the salary adjustment. 

Payment of salary 

22. Employees will be paid fortnightly in arrears by electronic funds transfer into a financial 

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

formula:  

 

Note: This formula is designed to achieve a consistent fortnightly pay rate without significant 

variability year-to-year. It reflects that the calendar year is not neatly divisible into 

26 fortnightly periods. There are 313 fortnightly pay cycles within a 12-year period. 

Salary setting 

23. Where an employee is engaged, moves to or is promoted in the Department, the employee’s 

salary will be paid at the minimum of the salary range of the relevant classification, unless the 

Secretary determines a higher salary within the relevant salary range under these provisions.  

Fortnightly salary = 
𝐴𝑛𝑛𝑢𝑎𝑙 𝑠𝑎𝑙𝑎𝑟𝑦 𝑥 12

313
 








 

Page 14 of 88 
 

24. The Secretary may determine the payment of salary at a higher value within the relevant 

salary range of the relevant classification and the date of effect at any time. 

25. In determining a salary under these provisions, the Secretary will have regard to a range of 

factors (as relevant) including the employee’s experience, qualifications and skills. 

26. Where an employee commences ongoing employment in the Department immediately 

following a period of non-ongoing employment in the Department for a specified term or task, 

the Secretary will determine the employee’s salary within the relevant salary range of the 

relevant classification which recognises the employee’s prior service as a non-ongoing 

employee in the Department.  

27. Where an employee commences ongoing employment in the Department immediately 

following a period of casual employment in the Department, the Secretary will determine the 

employee’s salary within the relevant salary range of the relevant classification which 

recognises the employee’s prior service as a casual employee in the Department.   

28. Where an APS employee moves to the Department at level from another APS agency, and 

their salary is above the maximum of the salary range for their classification, the Secretary will 

maintain the employee’s salary at that level, until it is absorbed into the salary range for that 

classification.  

29. Where the Secretary determines that an employee’s salary has been incorrectly set, the 

Secretary may determine the correct salary and the date of effect. 

30. Where an employee is assigned duties to a lower classification on a temporary or ongoing 

basis, the Secretary may transfer the employee to any pay point within the salary range for 

the lower classification, including the top pay point in the lower classification. 

Incremental advancement 

Salary advancement  

31. An ongoing employee or non-ongoing employee who is not on the top pay point of the salary 

range for the employee’s substantive classification (including in a Broadbanded Local Title), 

will be eligible to have their salary at their substantive classification level increased by one pay 

point from 1 September each year, subject to meeting the following conditions:  

31.1 the employee has six months of aggregate eligible service at that classification level 

or higher in the Department during the most recent performance cycle; and 

31.2 the employee has an agreed Performance Agreement in place and has been assessed 

as having performed at a satisfactory or higher level during the employee’s most 

recent performance review. 

Salary advancement – temporary assignment of duties to a higher classification 

32. An ongoing employee or non-ongoing employee who is not on the top pay point of the salary 

range for the employee’s temporary classification (including in a Broadbanded Local Title),  

will be eligible to have their salary at their temporary higher classification increased by one 

pay point from 1 September each year, subject to having met the following conditions:  

32.1  the employee has six months of aggregate eligible service at the temporary higher 

classification level in the Department during the most recent performance cycle; and  








 

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32.2 the employee has an agreed Performance Agreement in place; and has been 

assessed as having performed at a satisfactory or higher level during the employee’s 

most recent performance review in the temporary higher classification. 

33. If the employee meets the requirements for salary advancement in clause 3232 whilst on 

temporary assignment of duties to a higher classification, the employee's salary at their 

substantive classification level will also be increased by one pay point. 

Other clauses  

34. Eligible service for the purpose of clauses 31 and 32 includes periods of duty and any periods 

of paid or unpaid parental leave, other paid leave and unpaid leave that counts as service.  

35. Notwithstanding clause 31.1 and 32.1, the Secretary may determine that an employee with 

less than six months' aggregate eligible service is entitled to a higher salary in accordance with 

clause 24 of this Agreement.  

36. An employee will only be eligible to advance to the next pay point within their classification on 

one occasion during a period of unpaid parental leave, irrespective of the length of that 

unpaid parental leave.   

Superannuation 

37. The Department will make compulsory employer contributions as required by the applicable 

legislation and fund requirements.  

38. Employer superannuation contributions will be paid on behalf of employees during periods of 

paid leave that count as service 

39. The Department will make employer superannuation contributions to any eligible 

superannuation fund, provided that it accepts payment by fortnightly electronic funds transfer 

(EFT) using a file generated by the Department's payroll system. 

Method for calculating superannuation salary  

40. The Department will provide an employer contribution of 15.4 per cent of the employee’s 

Fortnightly Contribution Salary (FCS) for employees in the Public Sector Superannuation 

Accumulation Plan (PSSap) and employees in other accumulation superannuation funds.  

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

42. Employer contributions will not be reduced by any other contributions made through salary 

sacrifice arrangements.  

Payment during unpaid parental leave 

43. Employer contributions will be paid on periods of unpaid parental leave in accordance with 

the requirements of the PSSap fund where the employee is a member of the PSSap, and up to 

a maximum of 52 weeks where the employee is a member of an accumulation fund other than 

PSSap.  








 

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Salary packaging 

44. All ongoing employees and non-ongoing employees with initial contracts of at least three 

months will have access to salary packaging. 

 

45. Where an employee takes up the option of salary packaging, the arrangements will not reduce 

the employee’s salary for superannuation purposes or any other purpose.  

 

46. The employee will meet the costs of any salary packaging arrangement, including any fringe 

benefits tax and administrative costs incurred by the Department.  

Overpayments 

47. An overpayment occurs if the Secretary (or the Department) provides an employee with an 

amount of money to which the employee was not entitled (including but not limited to salary, 

entitlements, allowances, travel payment and/or other amount payable under this 

Agreement). 

48. Where the Secretary considers that an overpayment has occurred, the Secretary will provide 

the employee with notice in writing. The notice will provide details of the overpayment. 

49. If an employee disagrees that there has been an overpayment including the amount of the 

overpayment, they will advise the Secretary in writing within 28 calendar days of receiving the 

notice. In this event, no further action will be taken until the employee’s response has been 

reviewed. 

50. If after considering the employee’s response (if any), the Secretary confirms that an 

overpayment has occurred, the overpayment will be treated as a debt to the Commonwealth 

that must be repaid to the Department in full by the employee.  

51. The Secretary and the employee will discuss a suitable recovery arrangement. A recovery 

arrangement will take into account the nature and amount of the debt, the employee’s 

circumstances and any potential hardship to the employee. The arrangement will be 

documented in writing.  

52. The Department and employee may agree to make a deduction from final monies where there 

is an outstanding payment upon cessation of employment.  

53. Interest will not be charged on overpayments. 

54. Nothing in clauses 47 to 53 prevents: 

54.1 the Department from pursuing recovery of the debt in accordance with an 

Accountable Authority Instruction issued under the Public Governance, Performance 

and Accountability Act 2013; 

54.2 the Department from pursuing recovery of the debt through other available legal 

avenues; or 

54.3 the employee or the Department from seeking approval to waive the debt under the 

Public Governance, Performance and Accountability Act 2013. 








 

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Supported wage system 

55. An employee can get a percentage of the relevant pay rate for their classification in line with 

their assessed capacity to do the work if they: 

55.1 have a disability;  

55.2 meet the criteria for a Disability Support Pension; and 

55.3 are unable to perform duties to the capacity required.  

56. Specific conditions relating to the supported wage system are detailed in Attachment B – 

Supported Wage System. 

  








 

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Section 3: Allowances and reimbursements 

Higher duties allowance 

57. Where a role needs to be filled for 2 or more working weeks, higher duties allowance will be 

paid to any employee temporarily occupying the role acting at a classification level higher than 

their substantive classification level.  

58. Higher duties allowance will be equal to the difference between the employee’s current salary 

and the salary that would be payable if they were promoted to the higher classification level, 

or a higher amount determined by the Secretary having regard to the employee’s:  

58.1 previous periods of higher duties allowance at or above the higher classification 

level;  

58.2 performance, including during previous periods of higher duties allowance; and  

58.3 relevant experience and/or skills. 

59. Where an employee is found to be eligible for salary advancement at their acting classification 

level they will receive an appropriate increase in the rate of higher duties allowance. The 

employee’s salary level will be retained for all future periods of acting regardless of elapsed 

time.  

60. Where an employee is assigned only part of the higher duties, the Secretary will determine 

the amount of allowance payable. 

61. Higher duties allowance will be payable while an employee is acting at a higher classification 

level as part of a job sharing arrangement where the duration of the arrangement is at least 2 

working weeks. 

62. The Secretary may shorten the qualifying period for higher duties allowance on a case-by-case 

basis. 

63. Where a role initially needs to be filled by a temporary occupant for 6 months or more, the 

Department may, where practicable, conduct an expression of interest process for employees 

interested in occupying the role. 

64. Unless exceptional circumstances apply, an employee will not be unreasonably required by 

the Department to temporarily occupy a role at a classification level higher than their 

substantive classification level. 

Workplace responsibility allowances  

65. An employee appointed by the Secretary (or elected by eligible peers in the case of a Health 

and Safety Representative) to undertake any of the following roles:   

65.1 First Aid Officer; 

65.2 Emergency Warden; 

65.3 Health and Safety Representative;  








 

Page 19 of 88 
 

65.4 Harassment Contact Officer; 

65.5 Mental Health First Aid Officer; and/or 

65.6 Family and Domestic Violence Contact Officer.  

will, subject to having undertaken the relevant training and/or possessing the required 

certification(s), be paid a workplace responsibility allowance at the following rate: 

 

Rate from commencement 
of the Agreement 

Rate from 13 March 2025 Rate from 12 March 2026 

$30.51 per fortnight $31.67 per fortnight $32.75 per fortnight 

66. The full rate of the allowance is payable regardless of flexible work and part-time 

arrangements.  

67. An employee undertaking more than one workplace responsibility role simultaneously will 

only receive a single allowance payment in respect of all roles undertaken, unless otherwise 

approved by the Secretary due to operational requirements.  

68. An employee’s physical availability to undertake the role will be considered by the Secretary 

when appointing and reappointing an employee to a workplace responsibility role. Not all 

workplace responsibility roles will necessarily require a physical presence in the workplace for 

the role to be successfully undertaken. 

69. A casual employee who is eligible to receive a workplace responsibility allowance will be paid 

the full rate of the allowance for a fortnight provided they engage in work during the pay cycle 

for that fortnight, irrespective of the frequency and duration of the work undertaken.   

Community language allowance 

70. A community language allowance will be paid where the Secretary determines that an 

employee is regularly required to use their ability to communicate in Braille or a language 

other than English (including First Nations languages and AUSLAN) in the course of their work, 

and the employee meets the required level of competency set by the Secretary. Further 

information is included in policy. 

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

Table 1: Community language allowance rates 

Rate Standard 

Rate from 
commencement 

of the 
Agreement 

Rate from 
13 March 2025 

Rate from 
12 March 2026 

1 

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

$1,435 
per annum 

$1,490  
per annum 

$1,541  
per annum 








 

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Rate Standard 

Rate from 
commencement 

of the 
Agreement 

Rate from 
13 March 2025 

Rate from 
12 March 2026 

2 

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

$2,870  
per annum 

$2,980  
per annum 

$3,082 
per annum 

72. The allowance is calculated annually and paid fortnightly.  

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

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

75. The allowance counts as salary for superannuation purposes and for calculating retirement 

and redundancy entitlements.  

76. An employee engaged as a RAO undertaking duties as part of the Longitudinal Study of 

Indigenous Children will, at a minimum, receive Rate 1 of the Community Language 

Allowance. 

Departmental liaison officer allowance 

77. An employee who performs the duties of Departmental Liaison Officer and attends for duty at 

the office of a Minister for the whole of their ordinary hours on a day will be paid, pro-rata on 

a fortnightly basis, an allowance in lieu of any overtime, flextime and/or Executive Level (EL) 

Time Off In Lieu (TOIL). The allowance is payable during periods of leave. The rate of the 

allowance is as follows:  

 

 

Rate from 

commencement 

of the 

Agreement 

Rate from 

13 March 2025 

Rate from 

12 March 2026 

Department liaison 

officer allowance  

$23,369 

per annum 

$24,258 

per annum 

$25,083 

per annum 








 

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78. Where an employee performs duties other than as a Departmental Liaison Officer at the office 

of a Minister for the whole of their ordinary hours on a day, the Secretary may determine that 

the employee is entitled to an allowance equivalent to that set out in clause 77 on a pro-rata 

basis for that day, in lieu of any overtime, flextime and/or EL TOIL.   

Motor vehicle allowance 

79. The Secretary may authorise an employee to use a private vehicle, owned or hired by the 

employee at the employee’s expense, for official purposes, where the Secretary considers that 

it will result in greater efficiency or involve less expense for the Department.  

80. An employee authorised by the Secretary to use a private vehicle in accordance with clause 79 

will receive a motor vehicle allowance based on the rates as set periodically by the Australian 

Taxation Office. This allowance does not count as salary for any purpose. 

Extra family care costs 

81. Where the Department requires employees to be away from home outside the bandwidth 

(including normal travel time) or to work outside their regular hours, the Secretary may 

approve reimbursement (net of government assistance) of the reasonable cost of additional 

family care arrangements on receipt of satisfactory evidence. 

Overtime meal allowance 

82. Subject to clause 84, the Secretary will approve the payment of an overtime meal allowance 

to an employee who works approved overtime to the completion of, or beyond, a meal period 

as set out below, where they do not have a break for a meal, or where they are not entitled to 

payment for that break: 

82.1 7.00am to 9.00am 

82.2 12 noon to 2.00pm 

82.3 6.00pm to 7.00pm 

82.4 midnight to 1.00am. 

83. Overtime meal allowance will be paid at, and varied in accordance with, the rates published 

by the approved subscription service. It is not an allowance in the nature of salary. 

84. An employee is not entitled to overtime meal allowance if the employee is in receipt of travel 

allowance or part day travel allowance which includes an allowance payable for the relevant 

meal.   

Loss or damage to clothing or personal effects 

85. The Secretary may approve the payment of an amount up to the Comcover excess (currently 

$250) to an employee per incident for loss or damage to clothing or personal effects in the 

following circumstances:  








 

Page 22 of 88 
 

85.1 the loss/damage was caused by a fault or defect in Commonwealth property; 

85.2 the loss/damage resulted from an act or omission by another Commonwealth 

employee; 

85.3 the loss/damage occurred while protecting or trying to protect Government 

property; 

85.4 the loss/damage is causally connected to the employee’s duties; or 

85.5 where there are other extenuating circumstances not otherwise contemplated by 

this clause. 

Allowance rates - Adjustment 

86. The Secretary may vary allowance rates from time to time where the rate of an allowance in 

this Agreement ceases to be updated by a provider.   

 

  








 

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Section 4: Classifications and Broadbands 

Work Level Standards 

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

classification levels in this Agreement, consistent with the Public Service Classification Rules 

2000, made in accordance with section 23 of the PS Act. 

Broadbands  

88. Arrangements for the following Broadbands are set out in Attachment A - Base salaries of this 

Agreement: 

88.1 Entry Level Broadband; 

88.2 Legal Pay Scale and Broadband; 

88.3 Public Affairs Officers Pay Scale and Broadband. 

 

  








 

Page 24 of 88 
 

Section 5: Working hours and arrangements 

Job security  

Commitment to ongoing employment and rebuilding APS capacity 

89. The APS is a career-based public service. In its engagement decisions, the Department 

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

Reporting 

90. The Department will report to the Workplace Consultative Forum on an annual basis, or more 

frequently if agreed, on the number, duration, classification and location of ongoing, non-

ongoing and casual employees engaged by the Department.   

Pathways to permanency 

91. The Department and the APS will comply with the casual conversion provision(s) of the 

FW Act. In addition, the Department recognises that a proactive approach, including regularly 

reviewing casual and non-ongoing arrangements, is both a fair and efficient approach to 

supporting ongoing employment as the usual form of employment. 

Casual (irregular or intermittent) employment  

92. A casual (irregular or intermittent) employee is defined in the definitions section at section 16.  

93. A decision to expand the use of casual employees is subject to Section 10: Consultation, 

representation and dispute resolution of this Agreement. 

94. The Department will regularly review the working arrangements of casual employees to assess 

if they are genuinely performing irregular or intermittent duties, and report de-identified 

outcomes to the Workplace Consultative Forum. 

95. Remuneration for casual employees is on an hourly basis. A casual employee will receive a 

25 per cent loading on the base hourly rate of their classification as set out in this Agreement. 

96. The casual loading is paid in lieu of payment for public holidays not worked, notice of 

termination of employment, redundancy benefits and all paid leave entitlements, other than 

leave required by legislation including long service leave in accordance with the Long Service 

Leave (Commonwealth Employees) Act 1976 and leave for family and domestic violence 

support. 

97. A casual employee will be engaged for a minimum of 3 hours per engagement or shall be paid 

for a minimum of 3 hours at the appropriate casual rate.  

98. A casual employee who is eligible for a workplace responsibility allowance will be paid the full 

amount. 








 

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Non-ongoing employment 

99. A non-ongoing employee is defined in the definitions section at clause 16.  

100. Non-ongoing employees will generally have the same terms and conditions of employment as 

ongoing employees under this Agreement’s terms, except: 

100.1 personal/carer’s leave accrual at clauses 224 to 226; and 

100.2 redundancy provisions at clauses 469 to 508, subject to clause 101.  

101. If the non-ongoing employee’s contract is not permitted by section 333E of the FW Act, then 

the redundancy provisions at clauses 469 to 508 will apply.  

102. If the redundancy provisions apply to an employee under clause 101, the Department must 

adhere to the consultation requirements at Section 10: Consultation, representation and 

dispute resolution at clauses 473 to 478. 

Working hours 

103. The ordinary hours for a full time employee are 7 hours and 30 minutes per day, a total of 37 

hours and 30 minutes per week and 150 hours per four week settlement period. 

104. The ordinary hours for a part-time employee are as set out in their part-time work agreement.   

105. The span of hours during which an employee (other than a shiftworker) can perform their 

ordinary hours is 7.00am to 7.00pm Monday to Friday (bandwidth).   

106. With the exception of shiftworkers, no employee can be compelled to work ordinary hours 

outside the Bandwidth. 

107. Standard hours for employees, other than shiftworkers, are 8.30am to 12.30pm and 1.30pm 

to 5.00pm.  

108. An employee and their manager may agree to a pattern of ordinary hours to vary standard 

hours (Regular hours).  

109. The Secretary can direct an employee to work standard hours if the employee fails to maintain 

a satisfactory pattern of attendance.  

110. All employees are required to take an unpaid break for at least 30 minutes after five hours of 

continuous work.  

111. All employees must record and retain an accurate record of their working hours. 

112. Unless there are exceptional circumstances, employees will not be expected to work more 

than 10 hours in any one day. 

113. An employee may refuse to work additional hours where such additional hours are considered 

to be unreasonable. 








 

Page 26 of 88 
 

Flex for APS 1-6 Classifications  

114. Employees up to and including APS 1 – 6 and equivalent classifications may access flextime. 

115. The maximum flex credit that an employee can carry from one settlement period to another is 

37 hours and 30 minutes unless otherwise agreed in writing. The maximum flex debit that an 

employee can be carry from one settlement period to another is 22.5 hours.  

116. Prior approval and reasonable notice are required for any flex leave of a day or more, or for 

part days where predetermined operational requirements would be affected.  

117. Employees may use up to five consecutive working days of flex leave. 

Reversion to standard hours 

118. The Secretary may revert an employee to standard hours where the employee fails to 

appropriately use flextime provisions. 

Excess Flex Credits 

119. Where an employee has a flex balance in excess of 37 hours and 30 minutes, the Secretary 

may, in exceptional circumstances, approve the cash out at the single hourly rate at the end of 

the settlement period of the flex credit in excess of 22.5 hours. 

Excess Flex Debit 

120. The Secretary may direct an employee who has a negative flex debit of more than 22.5 hours 

at the end of a settlement period to use approved annual leave or have salary payments 

reduced to offset the excess debit. 

Flex Credit/Debit on cessation 

121. Where an employee ceasing duty with the Department has a flex credit, the amount owing for 

these credits will be paid to the employee at the single hourly rate at the date of cessation, 

and any outstanding flex debits (also calculated at the single hourly rate at the date of 

cessation) will be recovered in accordance with clauses 47 to 54. 

Executive Level Time Off in Lieu (EL TOIL) 

122. Executive level (EL) employees are sometimes required to work reasonable additional hours. 

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

123. EL employees seeking to access time off in lieu (TOIL) are required to keep records of their 

working hours using a method determined by the Department.  

124. A manager is to grant TOIL in recognition of reasonable additional hours worked. TOIL granted 

to employees can be taken as whole or part days. 

125. The working arrangements for an EL employee should be agreed through discussion between 

the manager and the EL employee. The discussion should include consideration of the work 








 

Page 27 of 88 
 

requirements that will safely get the job done and reasonably allow the employee to balance 

their work and personal life.  

126. An EL employee’s working arrangements and actual hours worked should be discussed on at 

least a quarterly basis between the EL employee and their manager. 

127. The pattern of hours is to be flexible enough to accommodate short-term peaks and troughs 

in workload, and include expected reasonable additional hours. The agreed pattern of hours is 

to be recorded.  

128. Requests from EL employees to access flexible time off which are consistent with their agreed 

working arrangements are to be supported, subject to operational requirements. 

EL Employees – overtime and related payments 

129. Unless approved by the Secretary in exceptional circumstances, EL employees or equivalent 

are not eligible to receive overtime or other related payments, including emergency duty, 

restriction duty, and overtime meal allowance. 

Overtime and restriction  

Overtime 

130. Where necessitated by operational requirements, the Secretary may direct an employee to 

work approved overtime. 

131. A full-time employee (who is not a shiftworker) is entitled to overtime where the employee is 

directed to work: 

131.1 outside the Bandwidth; or 

131.2 during the Bandwidth, but in excess of their ordinary hours for a day. 

132. A part-time employee (who is not a shiftworker) is entitled to overtime where the employee is 

directed to work: 

132.1 in addition to their ordinary hours for a day; or 

132.2 in excess of their ordinary hours over a week;  

132.3 outside the hours set out in their part-time work agreement. 

133. A casual employee (who is not a shiftworker) is entitled to overtime where the employee is 

directed to work: 

133.1 outside the Bandwidth; or 

133.2 in excess of 37.5 hours in a week.   

134. A shiftworker is entitled to overtime where the employee is directed to work hours outside 

their rostered ordinary hours on a day.  








 

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135. An employee who is directed to perform overtime in accordance with clauses 131 to 134 

above will be entitled to be paid overtime at the following rates, or where agreed, accrue TOIL 

in lieu of overtime payments, at the following rates:  

135.1 overtime worked Monday to Saturday: time and a half for the first three hours each 

day and double time thereafter; 

135.2 overtime worked on Sunday: double time; and   

135.3 overtime worked on a public holiday: double time and a half, including the single 

time already paid for the public holiday. 

136. Where the Secretary agrees, employees who are eligible for an overtime payment for time 

worked (including overtime payments while on restriction duty), may elect to take TOIL in lieu 

of overtime payments at the applicable penalty rate.  

137. Where TOIL in lieu of payment has been agreed, but the employee has not been granted that 

TOIL within four weeks (or another agreed period due to operational requirements), the 

employee may elect to receive payment of the original overtime or time worked while on 

restriction duty.  

138. Salary rates for the purposes of calculating overtime include any allowance in the nature of 

salary.  The casual loading set out in clause 95 is not paid for overtime for casual employees.  

139. Unless otherwise specified in this Agreement, overtime payments will be made for time 

actually worked. Where overtime is not continuous with ordinary hours and the employee is 

required to return to their normal work location to perform overtime, the time for which 

overtime will be paid will include reasonable travelling time.  

Rest period 

140. Where the Secretary directs an employee to work outside their ordinary/regular hours, the 

employee will be entitled to an eight hour break plus reasonable travelling time before 

commencing work again, without any loss of pay. Where this is not possible due to 

operational requirements, the employee will be paid for subsequent periods of work at 

double the hourly rate for any hours worked, until the employee has taken an eight hour 

break. 

Emergency duty 

141. Where the Secretary directs that an employee is called for duty to meet an emergency outside 

their ordinary hours and the employee has received no notification prior to ceasing their 

ordinary hours of work/duty on the day, the employee will be paid the greater of: 

141.1 the rate of double time for the actual period of attendance at work, including time 

necessarily spent travelling to and from duty; or 

141.2 two hours of overtime at the applicable penalty rate. 

Restriction duty 

142. Where the Secretary directs an employee to be contactable and to be available to perform 

extra duty outside the Bandwidth, for a period(s) of no less than 12 hours per period (unless a 








 

Page 29 of 88 
 

reduced period is required and is approved by the Secretary), the employee will be paid a 

Restriction Allowance at a flat rate of $45 per weekday and $55 for Saturdays, Sundays, public 

holidays and closedown days.  If an employee is on restriction for less than one day, they will 

still receive the daily rate. 

143. Where an employee in receipt of a Restriction Allowance is recalled to duty at a Departmental 

place of work, a three hour minimum overtime payment will apply. Where the employee is 

required to perform duty, but is not recalled to a Departmental place of work, a one hour 

minimum overtime payment will apply. The rate of payment for any overtime worked will be 

in accordance with clause 135. 

144. Restriction Allowance will continue to be paid for periods of overtime worked while an 

employee remains on restriction duty.  

145. Restriction Allowance is not payable to an employee while they are on leave. 

Shiftwork  

146. The Secretary may approve shiftwork arrangements. 

147. A shiftworker is an employee who is rostered to perform their ordinary hours outside the 

period 7.00am to 7.00 pm Monday to Friday, and/or on a Saturday, Sunday or public holiday 

for an ongoing or fixed period. 

148. A shiftworker will be paid the following penalty rates for all ordinary hours worked by the shift 

worker during the following periods:  

 

Shift Penalty Rate 

Where any part of a shift falls between 7.00pm and 7.00am Monday 
to Friday 

15% 

Where the shifts falls wholly within 7.00pm and 7.00am Monday to 
Friday for at least 4 continuous weeks 

30% 

Where any part of a shift falls between midnight Friday and midnight 
Saturday 

50% 

Where any part of a shift falls between midnight Saturday and 
midnight Sunday 

100% 

Where any part of a shift falls on a Public Holiday  150% 

 

149. The Secretary may approve the payment of an annual shift allowance in lieu of penalty rates.  

The payment of an annual shift allowance will not result in an employee receiving less pay for 

shiftwork on an annual basis than if the employee had been in receipt of shift penalties.  

150. Shift penalties or shift allowance are payable during periods of annual leave and are not 

payable during other periods of leave, subject to long service leave legislation. Shift penalties 

or shift allowance may count as salary for some superannuation purposes subject to eligibility 

provisions in relevant superannuation legislation. 








 

Page 30 of 88 
 

151. Where a shiftworker works to a roster including weekend days, the employee will be entitled 

to an additional half day of annual leave for each Sunday of rostered duty worked up to a 

maximum of an additional 5 days annual leave for each year of service. 

152. Where a public holiday occurs on a day when an employee who is regularly rostered to 

perform shiftwork on at least six days of the week, is rostered off duty, the employee is 

entitled to:  

152.1 leave for a day instead of the public holiday; or  

152.2 an amount equal to salary for a day based on the single hourly rate on that day for 

the employee. 

Flexible working arrangements  

153. The Department, employees and their union recognise: 

153.1 the importance of an appropriate balance between employees’ personal and 

working lives, and the role flexible working arrangements can play in helping to 

achieve this balance; 

153.2 access to flexible work can support strategies to improve diversity in employment 

and leadership in the APS; 

153.3 access to flexible work supports APS capability, and can assist in attracting and 

retaining the employees needed to deliver for the Australian community, including 

employees located at a wider range of locations; 

153.4 that flexibility applies to all roles in the Department, and different types of flexible 

working arrangements may be suitable for different types of roles or circumstances; 

and 

153.5 requests for flexible working arrangements are to be considered on a case-by-case 

basis, with a bias towards approving requests.  

154. The Department is committed to engaging with employees and their union to build a culture 

that supports flexible working arrangements across the Department at all levels. This may 

include developing and implementing strategies through the Workplace Consultative Forum. 

155. Flexible working arrangements include, but are not limited to, changes in hours of work, 

changes in patterns of work, job sharing arrangements and changes in location of work.  

Requesting formal flexible working arrangements  

156. The following provisions do not diminish an employee’s entitlement under the NES. 

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

158. The request must: 

158.1 be in writing; 








 

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158.2 set out details of the change sought (including the type of arrangement sought and 

the proposed period the arrangement will operate for); and 

158.3 set out the reasons for the change, noting the reasons for the change may relate to 

the circumstances set out at section 65(1A) of the FW Act.  

159. The Secretary must provide a written response to a request within 21 days of receiving the 

request.  

160. The response must: 

160.1 state that the Secretary approves the request and provide the relevant detail in 

clause 161; or 

160.2 if following discussion between the Department and the employee, the Department 

and the employee agree to a change to the employee’s working arrangements that 

differs from that set out in the request – set out the agreed change; or 

160.3 state that the Secretary refuses the request and include the following matters: 

160.3.1 details of the reasons for the refusal; and 

160.3.2 set out the Department's particular business grounds for refusing the 

request, explain how those grounds apply to the request; and 

160.3.3 either: 

160.3.3.1 set out the changes (other than the requested change) in 

the employee’s working arrangements that would 

accommodate, to any extent, the employee’s 

circumstances outlined in the request and that the 

Department would be willing to make; or  

160.3.3.2 state that there are no such changes; and 

160.3.4 state that a decision to refuse the request, or failure to provide a 

written response within 21 days is subject to the dispute resolution 

procedures of the Agreement, and if the employee is an eligible 

employee under the FW Act, the dispute resolution procedures outlined 

in sections 65B and 65C of the FW Act.  

161. Where the Secretary approves the request this will form an arrangement between the 

Department and the employee. Each arrangement must be in writing and set out:  

161.1 any security and work health and safety requirements; 

161.2 a review date (subject to clause 165); and 

161.3 the cost of establishment (if any). 

162. The Secretary may refuse to approve the request only if: 

162.1 the Department has discussed the request with the employee; and 

162.2 the Department has genuinely tried to reach an agreement with the employee about 

making changes to the employee’s working arrangements to accommodate the 








 

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employee’s circumstances (subject to any reasonable business grounds for refusal); 

and 

162.3 the Department and the employee have not reached such an agreement; and 

162.4 the Department has had regard to the consequences of the refusal for the 

employee; and 

162.5 the refusal is on reasonable business grounds. 

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

163.1 the new working arrangements requested would be too costly for the Department; 

163.2 there is no capacity to change the working arrangements of other employees to 

accommodate the new working arrangements requested;  

163.3 it would be impractical to change the working arrangements of other employees, or 

to recruit new employees, to accommodate the new working arrangements 

requested; 

163.4 the new working arrangements requested would be likely to result in a significant 

loss in efficiency or productivity; 

163.5 the new working arrangements requested would be likely to have a significant 

negative impact on customer service; and 

163.6 it would not be possible to accommodate the working arrangements without 

significant changes to security requirements, or where work health and safety risks 

cannot be mitigated.  

164. For First Nations employees, the Department must consider connection to country and 

cultural obligations in responding to requests for altering the location of work.  

165. Approved flexible working arrangements will be reviewed by the Department and the 

employee after 12 months, or a shorter period, if agreed by the employee. This is to ensure 

the effectiveness of the arrangement. 

Varying, pausing or terminating flexible working arrangements  

166. An employee may request to vary an approved flexible working arrangement in accordance 

with clause 158. An employee may request to pause or terminate an approved flexible 

working arrangement.  

167. The Secretary may vary, pause or terminate an approved flexible working arrangement on 

reasonable business grounds, subject to clause 169.  

168. The Department must provide reasonable notice if varying, pausing or terminating a flexible 

working arrangement without the agreement of the employee, having regard to the 

circumstances of the employee. Exceptions to this requirement are urgent and critical 

operational circumstances or an employee’s demonstrated and repeated failure to comply 

with the agreed arrangements.  








 

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169. Prior to the Secretary varying, pausing or terminating the arrangement under clause 167, the 

Department must have: 

169.1 discussed with the employee their intention to vary, pause or terminate the 

arrangement with the employee;  

169.2 genuinely tried to reach an agreement with the employee about making changes to 

the employee’s working arrangements to accommodate the employee’s 

circumstances (subject to any reasonable business grounds for alteration); 

169.3 had regard to the consequences of the variation, pause or termination for the 

employee;  

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

169.5 informed the employee in writing of the variation, pause or termination to the 

approved flexible working arrangement, including details set out in clause 160.3. 

Working from home 

170. The Department will not impose caps on groups of employees on the time that may be 

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

171. The Department may provide equipment necessary for, or reimbursement, for all or part of 

the costs associated with establishing a working from home arrangement. 

172. An employee working from home is covered by the same employment conditions as an 

employee working at an office site under this Agreement. 

173. The Department will provide employees with guidance on working from home safely. 

174. Employees will not be required by the Department to work from home unless it is lawful and 

reasonable to do so. This may include where circumstances prevent attendance at an office 

during a pandemic or natural disaster. In these situations, the Department will consider the 

circumstances of the employees and options to achieve work outcomes safely. 

Ad-hoc arrangements 

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

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

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

as possible. 

177. Requests for ad-hoc arrangements are not subject to the request and approval processes 

detailed in clauses 156 to 165. 

178. The Department should consider ad-hoc requests on a case-by-case basis, with a bias to 

approving ad-hoc requests, having regard to the employee’s circumstances and reasonable 

business grounds. 








 

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179. Where a regular pattern of requests for ad-hoc arrangements from an employee emerges, the 

Department should consider whether it is appropriate to seek to formalise the arrangement 

with the employee. 

Altering span of hours  

180. An employee may request to work an alternative regular span of hours (bandwidth). If 

approved by the Secretary, hours worked on this basis will be treated as regular working hours 

and will not attract shift work conditions or overtime payments. The Department will not 

request or require that any employee alter their regular span of hours (bandwidth) under 

these provisions. 

Part-time work 

181. The Secretary may engage employees on a part-time basis and/or approve arrangements for 

an employee to work as a part-time employee.  

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

employment. 

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

employment. 

184. Where the Secretary agrees to a part-time working arrangement, an employee's agreed part-

time hours will be set out in a part-time work agreement that can only be varied by 

agreement between the Secretary and the employee. 

185. Subject to the terms of this Agreement, a part-time employee will receive salary and 

allowances (except expense related allowances) on a pro rata basis, having regard to the 

number of ordinary hours worked. 

186. Employees returning from parental leave or adoption and long term foster leave, as a primary 

caregiver, have a right to access part-time employment for a period of up to three years, 

subject to the agreement of the Secretary to the proposed pattern of hours. This clause does 

not limit an employee’s ability to make a request for flexible working arrangements. 

Christmas and Easter closedown 

187. The Department will close its normal operations from 12:30pm on the last working day before 

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

(closedown period).  

188. The Department will close its normal operations from 3.00pm on Easter Thursday, with 

business resuming on the first working day after Easter Monday (closedown period).  

189. There will be no deduction from leave credits for the closedown periods. 

190. Employees will be provided with time off for the working days covered by the closedown 

periods and will be paid in accordance with their ordinary hours during those periods.  








 

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191. Where an employee is absent on paid leave, on both sides or on one side of a closedown 

period, payment for the closedown period will be in accordance with the employee’s ordinary 

hours.  

192. Employees on leave without pay on either side of a closedown period will not be paid for the 

closedown period.  

193. Employees directed to attend for duty during a closedown period will be eligible for payment 

or TOIL in lieu on the same basis as for duty on a Sunday. 

Public holidays 

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

location in accordance with the FW Act: 

194.1 1 January (New Year’s Day); 

194.2 26 January (Australia Day); 

194.3 Good Friday and the following Monday; 

194.4 25 April (Anzac Day); 

194.5 the King’s birthday holiday (on the day on which it is celebrated in a State or 

Territory or a region of a State or Territory); 

194.6 25 December (Christmas Day); 

194.7 26 December (Boxing Day); and 

194.8 any other day, or part day, declared or prescribed by or under a law of a State or 

Territory to be observed generally within the State or Territory, or a region of the 

State or Territory, as a public holiday, other than a day or part day, or a kind of day 

or part day, that is excluded by the Fair Work Regulations 2009 from counting as a 

public holiday. 

195. If a public holiday falls on a Saturday or Sunday, and if under a State or Territory law, a day or 

part day is substituted for one of the public holidays listed above, then the substituted day or 

part day is the public holiday. 

196. The Secretary and an employee may agree on the substitution of a day or part day that would 

otherwise be a public holiday, having regard to operational requirements. 

197. The Secretary and an employee may agree to substitute a cultural or religious day of 

significance to the employee for any day that is a prescribed holiday. If the employee cannot 

work on the prescribed holiday, the employee will be required to work make-up time at times 

to be agreed. This substitution does not impact or reduce an employee’s entitlement to First 

Nations ceremonial leave, NAIDOC leave or cultural leave.  

198. Where an employee substitutes a public holiday for another day, they will not be paid penalty 

rates for working their normal hours on the public holiday. 








 

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199. Where a public holiday falls during a period when an employee is absent on leave (other than 

annual leave, paid personal/carer’s leave or defence service sick leave) there is no entitlement 

to receive payment as a public holiday. Payment for that day will be in accordance with the 

entitlement for that form of leave (e.g. if on long service leave on half pay, payment is at half 

pay). 

200. If under a law of a State or Territory every Sunday is declared or prescribed by or under that 

law to be a public holiday, there is no entitlement to receive payment as a public holiday if the 

employee would have worked, or does perform work, on that day. In these circumstances, 

payment will only be made at the public holiday rate if the employee performs work on that 

day, and the Sunday would otherwise be a public holiday under clause 194.1 to 194.8.   

201. An employee, who is absent on a day or part day that is a public holiday in their normal work 

location, is entitled to be paid for the part or full day absence as if that day or part day was not 

a public holiday, except where that person would not normally have worked on that day.   

202. Where a full-time employee, including but not limited to employees on compressed hours, has 

a regular planned day off which would fall on a public holiday, the Secretary may allow the 

employee to change their planned day off so that it does not fall on a public holiday. If it is not 

possible to change their planned day off, the employee will be credited an equivalent amount 

of time to their regular hours for the day in flex credits or EL TOIL in recognition of their 

planned day off.  

203. Where a public holiday occurs on a day when an employee who is regularly rostered to 

perform shiftwork on at least six days of the week, is rostered off duty, the employee is 

entitled to: 

203.1 leave for a day instead of the public holiday; or 

 

203.2 an amount equal to salary for a day based on the single hourly rate on that day for 

the employee. 

  








 

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Section 6: Leave 

Annual leave  

204. A full-time employee is entitled to four weeks (20 days/150 hours) of paid annual leave for 

each year of service, accruing daily and credited monthly in arrears. Part-time employees are 

entitled to four weeks (20 days/150 hours) annual leave for each year of service, calculated on 

a pro-rata basis, accruing daily and credited monthly in arrears.  

205. The Secretary may approve annual leave at either full or half pay. If leave is taken at half pay, 

the deduction from the employee’s annual leave credits will be half the period of leave taken. 

206. Employees living in remote localities accrue additional annual leave credits as outlined in 

clause 410. 

207. An employee’s accrual of annual leave will be reduced where a period or periods of leave 

without pay that is not to count as service exceeds 30 days in a calendar year. Where leave 

without pay not to count as service covers an entire calendar year, no annual leave credit 

accrues for that year. 

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

APS.   

Excess annual leave 

209. Where an employee has accrued more than 40 days annual leave or a pro-rata amount for 

part-time employees (or in the case of employees in remote localities who are entitled to 

additional annual leave - more than 2 years' credit), the Secretary may direct the employee to 

take a period of annual leave that is not more than a quarter of the employee's total accrued 

annual leave balance. 

210. An employee may not be directed to take annual leave where the employee: 

210.1 has made an application for annual leave of a period greater than 10 days for full-

time employees, or a pro-rata amount for part-time employees, in the previous 6 

month period and the application was not approved; or 

210.2 is following a management strategy to reduce the employee’s amount of accrued 

leave, which has been agreed with their manager. 

Voluntary Cash out of Annual Leave 

211. The Department encourages employees to regularly take annual leave. The Department 

recognises that there is value in employees taking periods of annual leave. The Secretary may 

approve an application by an employee to cash out an amount of the employee’s accrued 

annual leave entitlement provided that:  

211.1 the employee’s remaining balance of annual leave credit does not fall below four 

weeks or an equivalent pro-rata amount for part-time employees; 








 

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211.2 each cashing out is agreed between the Secretary and the employee by a separate 

agreement in writing; and 

 

211.3 the employee is paid the full amount that would have been paid to the employee 

had the employee taken the leave that is cashed out. 

Purchased leave 

212. The Secretary may approve the purchase of up to eight weeks leave funded by salary 

deductions over a maximum period of 12 months to ongoing employees and non-ongoing 

employees with more than 12 months' service.  

213. Only one election can be made to purchase this leave in a calendar year. The Secretary may 

agree to vary an election in exceptional circumstances.  

214. The minimum period of purchased leave that can be taken at any one time will be one day. 

Purchased leave cannot be taken at half pay. Purchased leave cannot be used to substitute for 

part-time work arrangements, except if approved as part of a transition to retirement 

initiative for an employee 54 years or older. Purchased leave that is approved for the purpose 

of a transition to retirement initiative may be approved for a single period up to a maximum 

period of two years, and can only be accessed once by an employee during their employment 

with the Department. 

215. Purchased leave will count as service for all purposes including superannuation purposes. 

Public holidays and closedown periods occurring during a period of purchased leave will be 

treated in the same way as if they had occurred during a period of annual leave. 

216. Where, due to exceptional circumstances, an employee requests cancellation of purchased 

leave before the leave has been taken and the Secretary agrees to the request, a refund of the 

salary deductions made will be paid. 

217. Where an employee leaves employment with the Department, final payments will be adjusted 

to take account of deductions not yet made or for deductions made and leave not taken. 

Extended purchased leave  

218. The Secretary may grant an employee who has a period of three years of continuous 

employment with the Department access to extended purchased leave. 

219. An employee who elects to participate in the extended purchased leave scheme will:  

219.1 contribute an amount of salary each fortnight towards the extended purchased 

leave for a period of two continuous years after the election; 

 

219.2 be entitled to take a period of up to six months leave, two years after making the 

election to participate in the scheme; provided they have maintained continuous 

employment with the Department over this period; and 

 

219.3  be entitled to payment during the period of extended purchased leave based on the 

amount of money banked in the previous two years.  








 

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220. Extended purchased leave is to count as service for all purposes. 

Sabbatical leave 

221. The Secretary may grant an employee sabbatical leave. This is a flexible arrangement 

consisting of a four year work period followed by a one year sabbatical leave period, with base 

salary paid over four years at a rate of 80% per year. Payment for the fifth year "sabbatical 

leave period" will be based on the amount of money banked in the previous four years 

converted to an annual base salary.  

222. Sabbatical leave is to count as service for all purposes. 

Personal/carer’s leave 

Ongoing employees  

223. An ongoing employee will be entitled to 18 days (135 hours) of personal/carer's leave for each 

year of service (pro-rata for part-time employees) which will: 

223.1 be credited upon the employee’s commencement with the Department if they are 

new to the APS; and 

 

223.2 accrue daily and be credited at least monthly, unless: 

232.2.1 the employee has received a credit in accordance with paragraph 223.1, 

in which case the accrual of personal/carer's leave will not commence 

until the first anniversary of the employee's commencement with the 

Department; or 

232.2.2 in the 12 month period immediately prior to this Agreement 

commencing, the employee received an initial 10 day credit of 

personal/carer's leave in accordance with clause 6.20 of the 

Department of Social Services Enterprise Agreement 2018 – 2021, in 

which case, the employee will accrue personal/carer's leave at the rate 

of 8 days for their first year of service (rather than 18 days), until the 

first anniversary of the employee's commencement with the 

Department.   

Non-ongoing employees 

224. Subject to clause 225, non-ongoing employees will be credited with 18 days (135 hours) of 

personal/carer's leave upon commencement with the Department, pro-rated based on the 

employee's initial contract period if the contract period is less than 12 months and (if 

applicable) the employee's part-time hours.  

225. A non-ongoing employee will not be entitled to an initial credit of personal/carer's leave in 

accordance with clause 224 if the employee is entitled to have any unused accrued 

personal/carer's leave transferred or recognised by the Department in accordance with 








 

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clauses 236 to 242 (including where the employee does not have any unused accrued 

personal/carer's leave entitlements). 

226. Non-ongoing employees will be entitled to accrue 18 days personal/carer's leave for each year 

of service, which will accrue daily and be credited monthly, from:  

226.1 the earlier of the date after the initial contract period ends if the contract period is 

less than 12 months (and the employee remains in employment in the Department) 

and the first anniversary of the employee's commencement with the Department, if 

they received an initial credit in accordance with clause 224, or 

226.2 their commencement with the Department if they were entitled to have any unused 

accrued personal/carer's leave transferred or recognised by the Department in 

accordance with clauses 236 to 242 (including where the employee does not have 

any unused accrued personal/carer's leave entitlements). 

Arrangements for personal/carer's leave  

227. The Secretary may approve an employee taking personal/carer's leave at half pay.   

228. A casual employee may: 

228.1 be absent without pay when they are not fit for work due to personal illness or 

injury; and 

228.2 access 2 days' unpaid carer's leave per occasion, consistent with the NES. 

229. An employee may use personal/carer’s leave:  

229.1 due to personal illness or injury;  

229.2 to attend appointments with a registered health practitioner;  

229.3 to manage a chronic condition; and 

229.4 to provide care or support for a family or household member or a person they have 

caring responsibilities for, because:  

229.4.1 of a personal illness or injury affecting the other person; or  

229.4.2 of an unexpected emergency affecting the other person.  

230. For the purposes of clause 229.4, caring responsibilities may include an employee having 

responsibility to provide care to a person because they: 

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

230.2 have a mental illness; 

230.3 have a disability; 

230.4 are frail or aged;   

230.5 are a child, not limited to a child of the employee.  








 

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231. If an employee uses personal/carer's leave of more than:  

231.1 3 consecutive days; or  

231.2 8 days without evidence in a calendar year,  

the Secretary may request the employee to provide evidence to support that leave, including:  

231.3 a certificate from a registered health practitioner or registered health provider;  

231.4 a statutory declaration; or  

231.5 another form of evidence approved by the Secretary.  

232. A certificate from a registered health practitioner may be used as evidence of a chronic 

condition for up to 12 months for both personal and carer’s leave.  

233. If an employee has a personal illness, injury or chronic condition which requires ongoing 

treatment, and/or may result in the employee taking personal/carer’s leave for illness or 

injury on a regular or intermittent basis, and the Secretary has received a certificate from a 

registered health practitioner confirming the ongoing condition, the Secretary may approve 

future leave based on the initial certificate if that certificate supports the future absence. 

234. Where an employee has insufficient paid personal/carer's leave entitlements, the Secretary, in 

exceptional circumstances and subject to the provision of suitable evidence, may grant 

personal/carer’s leave with or without pay (to count or not to count as service). 

235. An employee’s accrual of personal/carer’s leave will be reduced where a period or periods of 

leave without pay that is not to count as service exceeds 30 days in a calendar year. Where 

leave without pay not to count as service covers an entire calendar year, no personal/carer’s 

leave credit accrues for that year. 

Portability of leave 

236. Where an employee moves into the Department from another APS agency where they were 

an ongoing employee, the employee’s unused accrued annual leave and personal/carer’s 

leave will be transferred, provided there is no break in continuity of service. 

237. Where an employee is engaged in the Department immediately following a period of ongoing 

employment in the Parliamentary Service or the ACT Government Service, the employee’s 

unused accrued annual leave and personal/carer’s leave will be recognised unless the 

employee received payment in lieu of those entitlements on cessation of employment. 

238. Where an employee is engaged as an ongoing employee in the Department and immediately 

prior to the engagement the person was employed as a non-ongoing APS employee (whether 

in the Department or another agency), at the employee’s request, any unused accrued annual 

leave (excluding accrued leave paid out on separation) and personal/carer’s leave will be 

recognised. 

239. Where an employee is engaged as a non-ongoing APS employee, and immediately prior to the 

engagement the person was employed as a non-ongoing APS employee (whether in the 

Department or another agency) at the employee’s request, any unused accrued annual leave 








 

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(excluding accrued leave paid out on termination of employment) and personal/carer’s leave 

(however described) will be recognised. 

240. Where an employee is engaged as an ongoing employee in the Department, and immediately 

prior to the engagement the person was employed by a Commonwealth employer (other than 

in the Parliamentary Services which are covered in clause 237), the Secretary will recognise 

any unused accrued personal/carer’s leave at the employee’s request. The Secretary will 

advise the employee of their ability to make this request.  

241. Where an employee is engaged as an ongoing employee in the Department and immediately 

prior to the engagement the person was employed by a State or Territory Government, the 

Secretary may recognise any unused accrued personal/carer’s leave, provided there is not a 

break in continuity of service.  

242. For the purposes of clauses 236 to 241, an employee with a break in service of less than 2 

months is considered to have continuity of service. 

Re-crediting of leave 

243. When an employee is on: 

243.1 annual leave;  

243.2 purchased leave;  

243.3 defence reservist leave;  

243.4 First Nations ceremonial leave; 

243.5 NAIDOC leave; 

243.6 cultural leave; or 

243.7 long service leave; and 

becomes eligible for, under legislation or this Agreement: 

243.8 personal/carer’s leave; 

243.9 compassionate or bereavement leave; 

243.10 jury duty; 

243.11 emergency services leave; 

243.12 leave to attend to family and domestic violence circumstances; or 

243.13 parental leave, premature birth leave, stillbirth leave or pregnancy loss leave;  

the affected period of leave will be re-credited. 

244. When an employee is on personal/carer’s leave and becomes eligible for parental leave, 

premature birth leave, stillbirth leave or pregnancy loss leave, the affected period of leave will 

be re-credited. 

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








 

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Long service leave 

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

(Commonwealth Employees) Act 1976.  

247. The minimum period for which long service leave will be granted is 7 calendar days (whether 

taken at full or half pay). Long service leave cannot be broken with other periods of leave, 

except as otherwise provided by legislation or provided for in the re-crediting of leave at 

clause 243 of this Agreement. 

Miscellaneous leave 

248. The Secretary may grant leave to an ongoing employee or non-ongoing employee, either with 

or without pay, to count as service or not to count as service; and subject to certain 

conditions, in circumstances not provided for elsewhere in this Agreement for a purpose that 

the Secretary considers to be in the interests of the Department and having regard to 

operational requirements.  

249. A casual employee may only be granted miscellaneous leave with pay for family and domestic 

violence leave in accordance with clause 348 or for a purpose set out in a Government 

directive.   

Cultural, ceremonial and NAIDOC leave 

NAIDOC leave 

250. Employees may access up to one day of paid leave per calendar year to participate in NAIDOC 

week activities.  

251. NAIDOC leave can be taken in part days. 

First Nations ceremonial leave 

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

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

obligations. 

253. The Secretary may approve additional leave for cultural or ceremonial purposes as 

miscellaneous leave, with or without pay.  

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

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

Cultural leave 

256. The Secretary may grant up to 3 days of paid leave per calendar year for the purpose of 

attending significant religious or cultural obligations associated with the employees’ particular 

faith or culture. 








 

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257. The Secretary may approve additional leave for cultural purposes as miscellaneous leave, with 

or without pay. 

258. Cultural leave can be taken as part days.  

259. For the avoidance of doubt, this leave does not cover cultural purposes or obligations which 

are eligible for paid leave under 252. 

Parental leave 

260. A primary caregiver, secondary caregiver and ML Act is defined in the definitions section in 

clause 16.  

261. An employee who is a primary caregiver or secondary caregiver is entitled to parental leave up 

until 24 months from the date of the child’s birth or placement (parental leave period). For the 

avoidance of doubt, this is inclusive of all legislated leave entitlements. The parental leave 

period does not extend non-ongoing employment where the employment period remaining is 

less than 24 months. An employee is only eligible for parental leave with pay as either a 

primary caregiver or a secondary caregiver for the particular parental leave period, and cannot 

switch roles for the purpose of accessing additional paid leave.  

262. For the pregnant employee, the parental leave period starts on commencement of maternity 

leave as per ML Act requirements, and ceases 24 months from the date of birth.  Medical 

certification requirements for the pregnant employee will be as required by the ML Act. 

263. Conditions in this Agreement will continue to apply in circumstances where successor 

legislation to the ML Act does not provide parental leave conditions included in this 

Agreement. 

Payment during parental leave 

264. An employee is entitled to parental leave with pay as per clauses 266 and 267 below within 

the parental leave period. Any further parental leave during the parental leave period is 

without pay. Unused paid parental leave remaining at the end of the employee’s parental 

leave period will lapse. An employee may choose to use their accrued paid leave entitlements 

in accordance with usage and eligibility requirements in this Agreement during the parental 

leave period that would otherwise be without pay. 

265. Employees newly engaged in the Department or who have moved to the Department from 

another APS agency are eligible for the paid parental leave in clauses 266 and 267 where such 

paid leave had not already been provided by another APS agency or Commonwealth employer 

in the 24 months since the child’s date of birth or placement. If the paid leave used by the 

employee with the previous Commonwealth employer or APS agency is less than the limits 

specified in clauses 266 and 267, the balance is available to the employee.  

266. An employee who is a primary caregiver is entitled to parental leave with pay during the 

parental leave period to a maximum of 18 weeks as provided in Table 1 below.  








 

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Table 1: Primary caregivers – circumstances for paid parental leave 

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

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

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

No ML Act eligibility or coverage 18 weeks 

267. An employee who is a secondary caregiver is entitled to parental leave with pay during the 

parental leave period as provided in Table 2 below.   

Table 2: Secondary caregivers – circumstances for paid parental leave 

Period which coincides with the parental 
leave period for the secondary caregiver 

Parental Leave with pay under this 
Agreement 

Date of commencement of this 
Agreement to 28 February 2025 

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

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

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

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

268. Flexibility: Parental leave with pay, whether provided as maternity leave under the ML Act or 

under this Agreement, can be accessed flexibly during the parental leave period and does not 

have to be taken in a single block. For the avoidance of doubt, parental leave can be used to 

replicate a part-time work arrangement, and can be taken concurrently with another parent in 

relation to the same child. 

269. Rate of payment during paid parental leave is the same as for an absence on personal/carer’s 

leave and based on the employee’s weekly hours at the time of the absence.  

270. Half-pay option: The payment of any paid parental leave may be spread over a maximum 

period of 36 weeks at the rate of, no less than, half the normal rate of salary. All paid parental 

leave counts as service for all purposes, where permitted by legislation. 

Adoption and long-term foster care 

271. An employee who is a primary caregiver or secondary caregiver is entitled to parental leave in 

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

child: 








 

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271.1 has not lived continuously with the employee for a period of six months or more as 

at the day (or expected day) of placement; and 

271.2 is not (otherwise than because of the adoption) a child of the employee or the 

employee’s spouse or de facto partner unless that child had not been in the custody 

and care of the employee or the employee’s partner for a three month period prior 

to the commencement of the adopted/foster/permanent care arrangement. 

272. Documentary evidence of approval for adoption or enduring parental responsibilities under 

formal fostering arrangements must be submitted when applying for parental leave for 

adoption or long-term foster carer purposes. 

273. An employee is eligible for up to two days of unpaid pre-adoption leave to attend any 

interviews or examinations required for the adoption of a child. This leave may be taken as 

annual leave, or purchased leave. 

Stillbirth  

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

secondary caregiver which is two weeks. 

275. A stillborn child is a child: 

275.1 who weighs at least 400 g at delivery or whose period of gestation was 20 weeks or 

more; and 

275.2 who has not breathed since delivery; and 

275.3 whose heart has not beaten since delivery. 

 

Pregnancy loss leave 

276. A pregnant employee who experiences, or an employee whose spouse or partner experiences, 

pregnancy loss is entitled to one weeks’ paid leave. Pregnancy loss is a miscarriage or other 

loss of pregnancy that occurs between 12 and 20 weeks’ gestation that is not a stillbirth. 

277. Pregnancy loss leave is in addition to entitlements to compassionate leave for miscarriage 

provided under the FW Act and this Agreement. 

Premature birth leave 

278. In circumstances of a live birth before 37 weeks’ gestation a pregnant employee, or an 

employee whose spouse or partner has given birth prematurely, is entitled to paid premature 

birth leave from the date of the child’s birth up to just before 37 weeks’ gestation. Parental 

leave with pay is then available from what would have been 37 weeks’ gestation in 

accordance with Parental leave in this Agreement, noting the parental leave period 

commences on the child’s date of birth. 

Transitional provisions 

279. Employees eligible for paid leave under the ML Act are required under legislation to use their 

paid maternity leave first. In this circumstance, the employee may postpone their paid 








 

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premature birth leave otherwise payable under clause 278 until after the legislated paid 

maternity leave is used. 

Return to work  

280. The return to work guarantee provided by section 84 of the FW Act 2009 applies in respect of 

employees ending parental leave.  

Compassionate leave 

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

281.1 a member of their family, (including a member of their household) or someone they 

have a close personal relationship with contracts, develops or sustains a life-

threatening illness or injury; or  

281.2 the employee or their partner has a miscarriage. 

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

leave.  

283. Compassionate leave for an occasion may be taken as 3 consecutive days or in separate 

periods totalling 3 days. This can include part days. 

284. For casual employees, compassionate leave is unpaid.  

285. Compassionate leave with pay will count as service for all purposes. 

Bereavement leave 

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

286.1 a member of their family (including a member of their household) or someone they 

had a close personal relationship with dies; or  

286.2 a child is stillborn, where the child was a member of their family (including a 

member of their household. 

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

leave. 

288. Bereavement leave for an occasion may be taken as 3 consecutive days or in separate periods 

totalling 3 days. This can include part days.  

289. For casual employees, bereavement leave is unpaid. 

290. Bereavement leave with pay will count as service for all purposes. 








 

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Emergency response leave 

291. In line with section 108 of the FW Act, an employee who engages in an eligible community 

service activity is entitled to emergency response leave to volunteer for emergency 

management duties for: 

291.1 the time engaged in the activity; 

291.2 reasonable travelling time; and 

291.3 reasonable recovery time.  

292. Full-time employees and part-time employees will be able to access paid emergency response 

leave at their full rate of pay. 

292.1 For the purposes of this clause, full rate of pay is to be as if the employee was at 

work. 

293. Paid leave may be refused where the employee’s role is essential to the Department's 

response to the emergency.  

294. An employee must provide evidence that the organisation requests their services. Employees 

can provide evidence before or as soon as practical after their emergency service activity.  

295. The Secretary may approve reasonable paid or unpaid leave for ceremonial duties and 

training.  

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

Jury duty 

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

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

298. Full-time employees and part-time employees will be released from duty on their full rate of 

pay. Payment for casuals will be as per the relevant state legislation. 

298.1 For the purposes of this clause, full rate of pay is to be as if the employee was at 

work. 

299. The employee is required to inform their manager before they are released from duty and 

provide evidence of the need to attend. 

300. If the employee receives a payment from the court for attendance (which are not expense 

related such as allowances and reimbursements), they must repay that amount to the 

Department for the period of absence. This will be administered in accordance with the 

overpayments clause. 








 

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Community volunteering leave 

301. The Secretary may grant up to two days miscellaneous leave with pay and a reasonable 

amount of leave without pay each calendar year to undertake community volunteering. 

Community Volunteering Leave can be taken in part days including in hours and minutes. 

Defence reservist leave 

302. The Secretary will give an employee leave with or without pay to undertake: 

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

302.2 Australian Defence Force Cadet obligations.  

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

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

and 

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

time employees). 

304. Leave can be built up and taken over 2 consecutive years. This includes the extra 2 weeks in 

the first year of service. 

305. An employee who is an Australian Defence Force Cadet officer or instructor can get paid leave 

up to 3 weeks in each financial year to perform their duties. Australian Defence Force Cadets 

means: 

305.1 Australian Navy Cadets; 

305.2 Australian Army Cadets; and 

305.3 Australian Air Force Cadets.  

306. In addition to the entitlement at clause 303, paid leave may be granted to an employee to 

attend an interview or medical examination in connection with the enlistment of the 

employee in a Reserve Force of the Defence Force. 

307. Paid defence reservist leave counts for service. 

308. Unpaid defence reservist leave for 6 months or less counts as service for all purposes. This 

includes periods of CFTS. 

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

310. An employee will not need to pay their tax free ADF Reserve salary to the Department for any 

reason.   

311. Eligible employees may also apply for annual leave, long service leave, leave without pay or 

top-up pay, or they may use flextime or make up time, for the purpose of fulfilling ADF, CFTS 

or Cadet Force obligations. 








 

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Defence service sick leave 

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

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

either: 

312.1 warlike service; or 

312.2 non-warlike service. 

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

313.1 an initial credit of 9 weeks (45 days) defence service sick leave will apply as of the 

later below option: 

313.1.1 they start employment with the APS; or 

313.1.2 DVA certifies the condition; and  

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

314. An employee can use their defence service sick leave when a recognised medical practitioner 

provides a certificate that says they were away due to their DVA certified medical condition. 

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

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

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

318. If the employee was eligible for defence service sick leave during a previous period of APS 

employment, on re-joining the APS any unused accrued annual credits can be brought 

forward, subject to the maximum annual credit. 

Leave to attend proceedings 

319. An employee giving evidence before a Court, Tribunal or Royal Commission on behalf of the 

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

duty. 

320. An employee who is not covered under clause 319, and is required to give evidence to, appear 

before or attend to instruct a representative at a Court, Tribunal or Royal Commission in 

relation to their duties will be released from duty without loss of pay. This includes in 

proceedings relating to a dispute between the employee and the Department.  

321. An employee may otherwise be granted paid or unpaid miscellaneous leave by the Secretary if 

required to give evidence to a Court, Tribunal or Royal Commission for any other reason. 

Where approval for unpaid leave is given, the employee may elect to use accrued annual 

leave, flex leave or TOIL. 








 

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322. The Secretary may refuse to release an employee from duty having regard to business 

requirements and whether the employee’s attendance is necessary for the Court, Tribunal or 

Royal Commission hearing.  

Notification of unscheduled absence 

323. Employees are required to notify their manager (or if unavailable, an agreed alternative 

person) of their intended absence as close as possible to the employee's normal 

commencement time. If the employee is unable to provide prior notification of their intended 

absence, the employee should contact the manager by phone (and not by email or text 

message) unless this is not practicable. 

Reimbursement of costs on cancellation of leave 

324. Where an employee has leave cancelled by the Department or is recalled to duty and will 

incur additional and/or unrecoverable costs as a direct result, the Secretary will reimburse 

reasonable costs on submission of proof of expenditure. An employee will not be entitled to 

reimbursement if the costs incurred are otherwise recoverable.  

School holiday / family care reimbursement  

325. Where an employee with a child at school has approved leave cancelled or is required to 

return from leave early because of the Department’s business requirements during school 

holidays, the Secretary may reimburse the amount paid by the employee for each school child 

attending approved or registered care for the approved period of leave. 

326. Where an employee has approved leave cancelled or is required to return from leave early 

because of the Department’s business requirements and where the employee can 

demonstrate that they would otherwise have taken personal responsibility for caring for other 

members of their family members, the Secretary may reimburse some or the entire amount 

paid by the employee for that family care.  

327. Casual employees will not normally be eligible for the reimbursement.  

328. Reimbursement will apply only for the days when the employee is at work, except in 

exceptional circumstances determined by the Secretary.  

329. Reimbursement will be net of any government subsidy provided to the employee. 

Unauthorised absence 

330. Where an employee is absent from duty for any period without approval, the absence will be 

unpaid and will not count as service for any purpose.  

331. Where an employee is absent from duty without approval, all pay and other benefits provided 

under this Agreement, e.g. flextime, will cease to be available until the employee resumes 

duty or is granted leave.    

  








 

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Section 7: Employee support and workplace culture 

Blood donation  

332. An employee can take reasonable time away from duty during their ordinary work hours to 

donate blood, plasma or platelets. It includes reasonable travel time and employers will 

consider employees on duty.  

333. The employee must inform their manager in advance of when they will be away from work 

before donating blood, plasma or platelets.  

Vaccinations 

334. The Department will offer annual influenza vaccinations to all employees at no cost.  

335. Where the Department requires an employee performing a role, for example a RAO or other 

employee travelling to a remote community, to be vaccinated for a particular condition, this 

vaccination will be offered at no expense to the employee.  

Employee Assistance Program  

336. Employees, their partners, and their dependants/children will have access to a confidential, 

professional counselling service to assist employees to manage personal and work issues. This 

service will be provided at no cost to employees by the Department and will be accessible on 

paid time. 

Respect at work 

Principles 

337. The Department values a safe, respectful and inclusive workplace free from physical and 

psychological harm, harassment, discrimination and bullying. The Department recognises that 

preventing sexual harassment, sex discrimination, sex-based harassment and victimisation in 

the workplace is a priority. 

338. The Department recognises that approaches to prevent sexual harassment, sex discrimination, 

sex-based harassment and victimisation in the workplace should be holistic and consistent 

with the Australian Human Rights Commission’s guidance, including the Good Practice 

Indicators Framework for Preventing and Responding to Workplace Sexual Harassment.  

Consultation 

339. The Department will consult with employees and their unions in developing, reviewing and 

evaluating approaches to prevent sexual harassment, sex discrimination, sex-based 

harassment and victimisation in the workplace.  








 

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Family and domestic violence support 

340. The Department will provide support for employees affected by family and domestic violence, 

depending on the employee’s circumstances.  

341. The Department recognises that a holistic approach should be taken to support the employee, 

appropriate for the employee’s individual circumstances. 

342. Family and domestic violence support, including paid leave, are available to all employees 

covered by this Agreement.  

343. An employee experiencing family and domestic violence support is able to access paid 

miscellaneous leave. Reasons an employee experiencing family and domestic violence may 

access this leave include, but are not limited to: 

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

343.2 providing care or support to a family member (including a household member) who 

is also experiencing family and domestic violence, and is ill or injured as a result of 

family and domestic violence;  

343.3 providing care or support to a family member (including a household member) who 

is also experiencing family and domestic violence, and is affected by an unexpected 

emergency as a result of family and domestic violence; 

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

343.5 accessing alternative accommodation; 

343.6 accessing police services; 

343.7 attending court hearings; 

343.8 attending counselling; and 

343.9 attending appointments with medical, financial or legal professionals. 

344. This entitlement exists in addition to an employee’s existing leave entitlements and may be 

taken as consecutive days, single days or part days and will count as service for all purposes.  

345. Given the emergency context in which leave may need to be accessed, employees can 

proceed to take the leave and seek approval at a later date, as soon as practicable. 

346. These family and domestic violence support clauses do not reduce an employee’s entitlement 

to family and domestic violence leave under the NES. 

347. Paid miscellaneous leave available under this clause is paid for ongoing and non-ongoing 

employees at their full rate as if they were at work. 

348. Paid leave for casual employees under this clause is paid at their full pay rate for the hours 

they were rostered to work in the period they took leave. 

349. Evidence may be requested to support the Department in approving leave. In most cases, this 

will not be required. Where it is required, this will be discussed with the employee and a 








 

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statutory declaration is the only form of evidence the Department will require, unless the 

employee chooses to provide another form of evidence. 

350. An employee may also choose to provide other forms of evidence, including a medical 

certificate, or document issued by the Police Service, a Court, a Doctor, district Nurse, a Family 

Violence Support Service or Lawyer. 

351. The Department will take all reasonable measures to treat information relating to family and 

domestic violence confidentially. The Department will adopt a ‘needs to know’ approach 

regarding communication of an employee’s experience of family and domestic violence, 

subject to steps the Department may need to take to ensure the safety of the employee, other 

employees or persons, or mandatory reporting requirements.  

352. Where the Department needs to disclose confidential information for purposes identified in 

clause 351, where it is possible the Department will seek the employee’s consent and take 

practical steps to minimise any associated safety risks for the employee and/or privacy 

breaches.  

353. The Department will not store or include information on the employee’s payslip in relation to 

the employee’s experience of family and domestic violence; any leave accessed for the 

purposes of family and domestic violence; or support(s) provided by the employer, unless 

otherwise required by legislation.  

354. Other available support may include, but is not limited to, flexible working arrangements, 

additional access to EAP, changes to their span of hours or pattern of hours and/or shift 

patterns and/or location of work where reasonably practicable. 

355. The Department will acknowledge and take into account an employee’s experience of family 

and domestic violence if an employee’s attendance or performance at work is affected. 

356. Further information about leave and other support available to employees affected by family 

and domestic violence may be found in policy.   

Integrity in the APS 

357. The Department understands that procedural fairness is essential in building and maintaining 

trust with APS employees, and that it requires fair and impartial processes for employees 

affected by APS-wide or Department decisions. 

358. Employees are to give advice that is frank, honest, timely and based on the best available 

evidence. This includes scientific and engineering advice based on evidence-based facts 

guided by the best available science and data. Employees will not be disadvantaged or 

discriminated against because they have given advice in accordance with their expertise or 

professional qualifications and in accordance with the APS Code of Conduct in the PS Act.  

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

359.1 access an APS-wide ethics advisory service or another similar service provided by a 

professional association such as a law society or in the Department; and 








 

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359.2 attend Department mandated training about integrity. 

First Nations cultural competency training  

360. The Secretary will take reasonable steps to ensure all substantive, ongoing EL2 employees 

employed at the commencement of this Agreement or any new substantive, ongoing EL2 

employees who commence within the first 6 months of this Agreement will complete relevant 

First Nations cultural competency training within 12 months of the commencement of the 

Agreement.  

361. Any new substantive, ongoing EL2 employee who commences after 6 months of the 

commencement of this Agreement will be required to complete a relevant First Nations 

cultural competency training course within 6 months of their engagement or promotion.  

Lactation and breastfeeding support 

362. Reasonable paid time during work hours will be provided for lactation breaks for 

breastfeeding, expressing milk and other associated activities. 

363. The Department will provide access to appropriate facilities for the purpose of breastfeeding 

or expressing milk, subject to clause 364. In considering whether a space is appropriate, the 

Department should consider whether: 

363.1 there is access to refrigeration; 

363.2 the space is lockable; and 

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

364. Where it is not practicable for a Department site to have a designated space, a flexible 

approach will be taken so that the employee can access the support required. 

365. The Department will facilitate discussion between individual employees and their managers 

about accommodating the employee’s lactation needs and practical arrangements to meet 

these needs.  

366. The manager and employee shall discuss any flexible working arrangements that may be 

needed to support lactation. This may include consideration of arrangements such as working 

from home and/or remote working or varying work hours on an ad-hoc or regular basis. 

Wherever possible, requests by an employee will be accommodated, noting these needs may 

be changed over time.  

367. Further information is available in policy. 

Disaster support 

368. Where an official disaster or emergency is declared and this prevents an employee from 

reasonably attending work, or where it impacts their household or home, the Secretary will 

consider flexible working arrangements to assist the employee to perform their work. 








 

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369. Where flexible working arrangements are not appropriate, the Secretary may grant paid 

miscellaneous leave to an employee with regard to the scale and nature of the emergency. 

This leave counts as service and may be approved retrospectively. 

370. In considering what period of leave is appropriate, the Secretary will take into account the 

safety of the employee, their family (including their household) and advice from local, State 

and Commonwealth authorities.  

  








 

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Section 8: Performance and development 

Performance management 

371. All employees and their managers will participate in the Department’s performance 

management framework. 

372. The purpose of the performance management process is to: 

372.1 develop a culture of high performance in the Department; 

372.2 align individual performance requirements with business requirements; 

372.3 ensure that employees have a clear understanding of their role, and the 

performance standards expected of them; and 

372.4 identify and plan for learning and development needs. 

373. The principles of the performance management process are: 

373.1 Joint responsibility – employees and managers will participate in all aspects of the 

performance management process, including initiating reviews, and seeking and 

providing feedback as required. 

373.2 No surprises – the performance process will ensure that employees are aware of 

their performance progress. Managers should identify and address performance 

concerns at the earliest opportunity. 

373.3 Natural justice – managers will ensure performance processes are consistent with 

procedural fairness and natural justice; that performance issues are raised directly 

with the employee as they arise, and employees are given assistance at the earliest 

opportunity to address performance gaps.  

373.4 Holistic – work outcomes and performance measures will be realistic, within the 

employee’s control and consistent with their work level.  

374. Subject to clause 375, the performance cycle for all employees will run from 1 August each 

year to 31 July in the following year.   

375. The 2023/2024 performance cycle for all employees will run from 1 July 2023 to 31 July 2024.   

376. An employee and their manager will develop a Performance Agreement within four weeks (or 

a longer period as agreed) of: 

376.1 the commencement of a new performance cycle; and/or 

376.2 the employee starting in a new position, either temporarily or permanently, at the 

same or a higher classification level, where duties in that position are expected to be 

undertaken for at least 3 months. 








 

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Workloads 

377. The Department recognises the importance of employees balancing their work and personal 

life. While it is acknowledged that at times it may be necessary for some extra hours being 

worked by some employees, this should be regarded as the exception rather than the rule. 

378. When determining workloads for an employee or group of employees, the Department will 

consider the need for employees to strike a balance between their work and personal life.  

379. Where an employee or group of employees raise that they have experienced significant 

workload pressures over a prolonged period of time, the Department and employee/s 

together must review the employees’ workloads and priorities, and determine appropriate 

strategies to manage the impact on the employee or group of employees.  

Study assistance  

380. The Secretary may provide assistance of up to 5 hours study leave per week (10 hours for 

employees with a disability or who are Aboriginal and Torres Strait Islander employees) during 

semester, 3 hours travel time per week during semester and $2,000 reimbursement of fees 

per semester to a maximum of $6,000 per annum (where study is across more than one 

semester) for employees undertaking a course of study that is considered to be of benefit to 

the Department.  

381. The amounts of study assistance which may be reimbursed in clause 380 will be indexed in 

years 2 and 3 of the agreement on 13 March 2025 and 12 March 2026, having regard to the 

annual percentage change in the all groups Consumer Price Index in the preceding December 

Quarter. 

Learning and development  

382. The Department will assist employees and managers to identify priority learning and 

development needs and opportunities and build employee capabilities identified in employee 

performance agreements.   

383. Where an employee is required to undertake regular work-related driving in remote or 

regional areas as part of their duties, the Secretary will provide appropriate driver training.  

384. The Secretary will make online cultural awareness training available to all staff. 

Professional qualifications 

385. The Secretary will approve reimbursement to an employee for the cost of annual membership 

fees of associations where membership of the association is essential to enable the employee 

to undertake their duties.  

386. The Secretary may approve reimbursement to an employee for the cost of annual 

membership of other professional associations relevant to the work of the Department of up 

to $50 a year.    








 

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Section 9: Travel and location-based conditions  

Travel Allowance 

387. An employee who is undertaking approved travel and required to be absent on official 

business overnight from their usual place of work for periods up to 21 days will be entitled to 

an allowance in respect of meals and incidentals. Employees may elect to stay in commercial 

or non-commercial accommodation. In the event of an emergency situation an employee will 

be reimbursed reasonable accommodation costs as determined by the Secretary.  

388. Allowances payable for meals and incidentals are those published by the approved 

subscription service and provide a guide to delegates approving expenditure.  

389. Where an employee elects to stay in non-commercial accommodation, an allowance of $50 

per night will be payable through the payroll system in addition to any allowances payable for 

meals and incidentals.  

Payment of travel allowance  

390. The Department will, where practicable, pay any applicable travel allowance under clause 387 

to an employee at least two days prior to travel.  

Part day travel allowance 

391. Where an employee is undertaking approved travel and is required to be absent from their 

usual place of work on official business for a period of ten hours or more but no overnight stay 

is required, the employee is entitled to receive a part-day travel allowance in respect of meals 

and incidentals of $65.  

Adjustment of allowances 

392. Where official travel arrangements are varied, the amount of allowance payable will reflect 

the revised itinerary. Employees will be required to repay, and the Department will recover, 

any resulting overpayment of travel allowance in accordance with clauses 47 to 54 of this 

Agreement.  

393. Where meals and/or accommodation are otherwise provided at the Department’s expense or 

another organisation/entity’s expense, the allowances payable under clauses 387 to 299391 

will be reduced accordingly.  

Excessive Costs 

394. The Secretary may vary the amount of travel allowance payable if they consider it insufficient 

to meet the reasonable expenses of the employee.  

Temporary relocation allowance 

395. Where an employee travelling on Departmental business will reside or has resided in the one 

locality for a period greater than 21 days, the Secretary will negotiate payment of reasonable 

costs for the temporary relocation.  








 

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Time off after business travel 

396. Where an employee is required to travel outside regular hours of duty (including hours 

outside the bandwidth), flextime and TOIL provisions apply. 

Overseas travel 

397. The Secretary will approve reasonable accommodation costs and an allowance in respect of 

meals and incidental expenses calculated in accordance with the rates published by the 

approved subscription service for employees travelling overseas on Departmental business. 

Relocation assistance  

398. Where an existing employee is required to relocate at the request of the Department (such as 

a promotion, term transfer or compulsory transfer), the employee will be provided with 

financial relocation assistance. Employees who relocate on a temporary basis to take up 

higher duties are entitled to removal expenses if they relocate for a period of 13 weeks or 

more. 

399. Where an employee is required to relocate on engagement with the Department, the 

employee will be provided with financial relocation assistance. 

400. Reasonable expenses associated with the relocation include: 

400.1 the cost of transport of the employee, their dependents and partner by the most 

economical means; 

400.2 removal expenses, namely the reimbursement of reasonable incurred costs of the 

removal of furniture and household effects of the employee, dependants and 

partner; 

400.3 the reimbursement of the cost of the insurance premium based on a reasonable 

replacement value; and 

400.4 the reasonably incurred expenses in kennelling and transport of pets, up to the 

amount specified in the APS Award.  

401. Additional relocation assistance may be considered by Secretary discretion. The Secretary may 

reimburse an employee on term transfer an amount equal to six reunion visits by economy 

class return travel by air in any one year from the date that the term transfer commences. 

Employee initiated relocation 

402. The Secretary may reimburse an eligible employee, or pay third party provider(s) directly with 

respect to costs incurred by an eligible employee, up to $10,000 for reasonable expenses 

associated with relocation. This may be increased to $20,000 where the Secretary is satisfied 

the amount is reasonable and the relocation of the employee is critical. 

403. The employee will be an eligible employee when they relocate at their own initiative (and not 

at the request of the Department).  








 

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404. Employees requesting a transfer to a new locality are generally not deemed to be eligible 

employees.  

Remote localities 

405. Employees will be entitled to remote localities assistance in accordance with clauses 406 to 

411. The level of remote locality assistance provided to an employee varies according to the 

‘grading’ of each individual remote locality.  The grading methodology used by the 

Department is consistent with that set out in the Australian Public Service Enterprise Award 

2015, except that employees stationed in Darwin and Townsville are not entitled to remote 

localities assistance unless clause 412 (and if applicable, clause 414) applies to them. 

406. Remote Locality Assistance Allowance is payable to an employee living in a designated remote 

locality. The annual rate of remote locality assistance allowance payable for each grade of 

remote locality is listed in clause 411.  

407. An employee and their eligible dependants stationed at a designated remote locality are 

entitled to fares assistance based on ‘lowest practical fare’ for return airfares to travel from 

the locality to the nearest capital city for a leave of absence. 

408. The accrual rate of the fares assistance for employees stationed permanently for each grade 

of remote locality is indicated in clause 410. 

409. The Secretary may also approve fares reimbursement for employees and their dependants 

living in a designated remote locality in the following circumstances:  

409.1 for medical, emergency dental or specialist medical treatment for the employee and 

any dependants or a partner residing with them; or  

409.2 where a family member of the employee or the employee’s partner dies or becomes 

dangerously or critically ill; or 

409.3 for the cost of up to two student travel concession fares per 12 month period 

reasonably incurred for return travel by each child from the place where they attend 

school to the employee’s locality. 

410. Employees living in designated remote localities will accrue additional annual leave as 

indicated for each grade of remote locality listed in clause 411: 








 

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411. The below table sets out remote locality assistance for each grade of remote locality:  

Table 1: Remote locality assistance  

Grade Remote 

Locality 

Assistance 

Allowance  

With 

dependants 

Remote Locality 

Assistance 

Allowance  

Without 

dependants 

Fares assistance Additional 

leave 

entitlement 

1 $4,004 $3,030 1 every two years 2 days 

2 $7,575 $6,492 1 every two years 3 days 

3 $11,687 $7,900 1 each year 5 days 

4 $15,474 $10,605 1 each year 7 days 

Employees in Darwin and Townsville 

412. Departmental employees who are stationed in Darwin or Townsville who were in receipt of 

remote locality assistance in these localities on 1 May 2012 or in receipt of remote locality 

assistance in these localities in another agency and who were transferred to the Department 

in 2013, 2014 or 2015 following the Administrative Arrangement(s) Order will receive remote 

locality assistance allowance, fares assistance and additional leave accrual in accordance with 

Table 2 below.   

413. All other employees stationed in Darwin and Townsville are not entitled to remote locality 

assistance.  

414. Eligibility for the retained remote locality assistance for Darwin and Townsville will be 

continued if the employee temporarily moves within the Department from one remote 

locality to another remote locality. However, entitlements will cease if the employee 

permanently moves to another locality.  

Table 2: Preserved Remote locality assistance for employees in Darwin and Townsville  

Locality Remote 

localities 

assistance 

allowance 

With 

Dependants 

Remote 

localities 

assistance 

allowance 

Without 

Dependants 

Fares 

assistance 

Additional leave  

entitlement 

Darwin, NT $6,747 $4,595 Yearly 5 days 

Townsville QLD $3,979 $3,011 2 yearly 2 days 








 

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Section 10: Consultation, representation and dispute 

resolution 

Consultation  

Principles 

415. Genuine and effective consultation with employees and the relevant union(s), taking into 

account the diverse needs of employees, fosters a positive and inclusive workplace, enabling 

the views of employees to be considered.  

416. The Department recognises: 

416.1 the importance of inclusive and respectful consultative arrangements; 

416.2 employees and the relevant union(s) should have a genuine opportunity to influence 

decisions; 

416.3 the nature and extent of consultation will vary depending on the proposed change 

and the likely impact on employees. Consultation on Departmental policies may 

occur over at least 2 weeks, whereas a major change is likely to require a more 

extensive consultation process; 

416.4 consultation with employees and relevant unions(s) on workplace matters that 

significantly affect or materially impact them is sound management practice; and 

416.5 the benefits of employee and union involvement and the right of employees to be 

represented by their union.  

417. Genuine and effective consultation involves: 

417.1 providing employees and the relevant union(s) with a genuine opportunity to 

influence the decision prior to a decision being made; 

417.2 providing all relevant information to employees and the relevant union(s) in a timely 

manner to support consideration of the issues;  

417.3 considering feedback from employees and the relevant union(s) in the decision-

making process; and 

417.4 advising employees and the relevant union(s) of the outcome of the process, 

including how their feedback was considered in the decision-making process.  

When consultation is required 

418. Consultation is required in relation to: 

418.1 changes to work practices which materially alter how an employee carries out their 

work; 

418.2 changes to or the introduction of policies or guidelines relevant to workplace 

matters (unless the changes are minor or procedural);  








 

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418.3 major change that is likely to have a significant effect on employees; 

418.4 implementation of decisions that significantly affect employees; 

418.5 changes to employees’ regular roster or ordinary hours of work (subject to any other 

relevant provisions in this Agreement); and 

418.6 other workplace matters that are likely to significantly or materially impact 

employees.  

419. The Department, employees and the relevant union(s) recognise that consultation prior to a 

decision may not be practicable where a decision is made by Government or is required due 

to matters beyond the reasonable control of the Department. In these circumstances, 

consultation regarding the implementation of the decision will occur as early as is reasonably 

practicable.  

Provisions for consultation on major change and introduction of a change to regular roster 
or ordinary hours of work of employees 

420. This clause applies if the Department: 

420.1 proposes to introduce a major change to production, program, organisation, 

structure or technology in relation to its enterprise that is likely to have a significant 

effect on the employees; or 

420.2 proposes to introduce a change to the regular roster or ordinary hours of work of 

employees. 

Representation 

421. Employees may appoint a representative for the purposes of the procedures in this clause. A 

representative for the purpose of this clause may be a union representative.  

422. The Department must recognise the representative if: 

422.1 a relevant employee appoints, or relevant employees appoint, a representative for 

the purposes of consultation; and 

422.2 the employee or employees advise the employer of the identity of the 

representative. 

Major change 

423. In this clause, a major change is likely to have a significant effect on employees if it results in, 

for example: 

423.1 the termination of the employment of employees; or 

423.2 major change to the composition, operation or size of the employer’s workforce or 

to the skills required of employees; or 

423.3 the elimination or diminution of job opportunities (including opportunities for 

promotion or tenure); or 

423.4 the alteration of hours of work; or 








 

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423.5 the need to retrain employees; or 

423.6 the need to relocate employees to another workplace; or 

423.7 the restructuring of jobs. 

424. The following additional consultation requirements in clause 425 to 431 apply to a proposal to 

introduce a major change referred to in clause 418.3.   

425. Consultation with employees and the relevant union(s) and/or recognised representatives will 

occur prior to a decision being made, subject to clause 419. 

426. Where practicable, a Departmental change manager or a primary point of contact will be 

appointed and their details provided to employees and the relevant union(s) and/or their 

recognised representatives.   

427. The Department must notify employees and relevant union(s) and/or recognised 

representatives of the proposal to introduce the major change as soon as practicable.  

428. As soon as practicable after proposing the change, or notifying of the change in circumstances 

described at clause 419, the Department must: 

428.1 discuss with affected employees and relevant union(s) and/or other recognised 

representatives: 

428.1.1 the proposed change: 

428.1.2 the effect the proposed change is likely to have on the employees; and 

428.1.3 proposed measures to avert or mitigate the adverse effect of the proposed 

change on the employees; and 

428.2 for the purposes of the discussion – provide, in writing, to employees and the 

relevant union(s) and/or other recognised representatives: 

428.2.1 all relevant information about the proposed change, including the nature of 

the change proposed; and 

428.2.2 information about the expected effects of the proposed change on the 

employees; and 

428.2.3 any other matters likely to affect the employees. 

429. The Department must give prompt and genuine consideration to matters raised about the 

major change by employees and the relevant union(s) and/or other recognised 

representatives. 

430. However, the Department is not required to disclose confidential or commercially sensitive 

information to employees and the relevant union(s) and/or other recognised representatives. 

431. If a term in this Agreement provides for a major change to production, program, organisation, 

structure or technology in relation to the enterprise of the Department, the requirements set 

out in clauses 425 to 429 are taken not to apply. 

Change to regular roster or ordinary hours of work 








 

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432. The following additional consultation requirements in clause 433 to 436 apply to a proposal to 

introduce a change referred to in clause 418.5.   

433. The Department must notify affected employees and the relevant union(s) and/or other 

recognised representatives of the proposed change. 

434. As soon as practicable after proposing to introduce the change, the Department must: 

434.1 discuss with employees and the relevant union(s) and/or other recognised 

representatives: 

434.1.1 the proposed introduction of the change; and 

434.2 for the purposes of the discussion – provide to the employees and relevant union(s) 

and/or other recognised representatives: 

434.2.1 all relevant information about the proposed change, including the nature of 

the proposed change; and 

434.2.2 information about what the employer reasonably believes will be the effects 

of the proposed change on the employees; and 

434.2.3 information about any other matters that the employer reasonably believes 

are likely to affect the employees; and 

434.3 invite employees and the relevant union(s) and/or other recognised representatives 

to give their views about the impact of the change (including any impact in relation 

to their family or caring responsibilities). However, the Department is not required 

to disclose confidential or commercially sensitive information to the relevant 

employees and the relevant union(s) and/or other recognised representatives. 

435. The Department must give prompt and genuine consideration to matters raised about the 

proposed change by the employees and the relevant union(s) and/or other recognised 

representatives. 

Interaction with emergency management activities  

436. Nothing in this term restricts or limits the ability of a designated emergency management 

body to undertake activities provided at section 195A(1) of the FW Act. 

Workplace Consultative Forum 

437. The Secretary has established an agency consultative committee (referred to as the 

Workplace Consultative Forum) to discuss relevant workplace matters.  

438. The Workplace Consultative Forum will consist of: 

438.1 a chairperson and management representatives appointed by the Secretary; 

438.2 a minimum of eight employee representatives; and 

438.3 a representative from each of the Department's staffing committees. 








 

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439. The Workplace Consultative Forum will meet four times a year, and will deal with changes 

within the Department, and implementation of Government decisions as they apply to the 

Department.  

440. The Department will consult with employees, through the Workplace Consultative Forum, 

about proposed changes to workplace policies before a final decision is made.   

441. The Workplace Consultative Forum may establish sub-committees on an as needs basis to deal 

with issues that require specific attention.  

442. The Workplace Consultative Forum will operate subject to an agreed terms of reference and 

structure for the term of the agreement. Representation on the committee will be in 

accordance with the terms of reference. 

APS consultative committee  

443. The Secretary will support the operation of the APS consultative committee to the extent 

possible. This includes providing information requested by the Australian Public Service 

Commission to support the operation of the APS consultative committee, subject to legislative 

requirements. 

Dispute resolution 

444. If a dispute relates to:  

444.1 a matter arising under the Agreement; or  

444.2 the National Employment Standards;  

this term sets out procedures to settle the dispute.  

445. An employee or union who is covered by this Agreement may initiate and/or be a party to a 

dispute under this term.  

446. An employee who is a party to the dispute may appoint a representative for the purposes of 

the procedures in this term. Representatives will be recognised and dealt with in good faith.  

447. Parties to the dispute must attempt to resolve the dispute at the workplace level, by 

discussion between the employee or employees and relevant managers. Parties to the dispute 

will notify higher level managers to assist in the resolution of the dispute. Parties will give 

genuine consideration to proposals to resolve the dispute.   

448. If a dispute about a matter arising under this Agreement is unable to be resolved at the 

workplace level, and all appropriate steps under clause 447 have been taken, a party to the 

dispute may refer the dispute to the Fair Work Commission.  

449. The Fair Work Commission may deal with the dispute in 2 stages:  

449.1 the Fair Work Commission will first attempt to resolve the dispute as it considers 

appropriate, including by mediation, conciliation, expressing an opinion or making a 

recommendation; and  








 

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449.2 if the Fair Work Commission is unable to resolve the dispute at the first stage, the 

Fair Work Commission may then:  

449.2.1 arbitrate the dispute; and  

449.2.2 make a determination that is binding on the parties.  

Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers that are 

available to it under the Act. A decision that the Fair Work Commission makes when arbitrating a 

dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be 

made against the decision. 

450. While the parties are attempting to resolve the dispute using the procedures in this term:  

450.1 an employee must continue to perform their work as they would normally in 

accordance with established custom and practice at the Department that existed 

immediately prior to the dispute arising unless they have a reasonable concern 

about an imminent risk to their health or safety; and  

450.2 subject to 450.1, an employee must comply with a direction given by the employer 

to perform other available work at the same workplace, or at another workplace, 

unless: 

450.2.1 the work is not safe; or  

450.2.2 applicable work health and safety legislation would not permit the work to 

be performed; or  

450.2.3 the work is not appropriate for the employee to perform; or  

450.2.4 there are other reasonable grounds for the employee to refuse to comply 

with the direction.  

451. The parties to the dispute agree to be bound by a decision made by the Fair Work Commission 

in accordance with this term.  

452. Any disputes arising under the Department of Social Services Enterprise Agreement 2018 to 

2021 or the National Employment Standards that were formally notified under Part 11 of the 

Department of Social Services Enterprise Agreement 2018 to 2021 before the commencement 

of this Agreement, that remain unresolved at the date of commencement of this Agreement, 

will be progressed under the dispute resolution procedures in this Agreement.  

Leave of absence to attend proceedings 

453. Where the provisions of clauses 444 to 448 have been complied with, and to assist in the 

resolution of the matter, the employee, and/or the union delegate or other employee 

representative referred to in clause 446, or employee required to provide evidence, will be 

granted paid time to attend dispute resolution processes and proceedings in the Fair Work 

Commission arising from referral of the matter in clause 448. 








 

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Delegates’ rights 

454. Union delegates play an important and legitimate role in the workplace. This includes 

representing their members and supporting employee access to union officials, and providing 

employee views to the Department.  

455. The role of union delegates is to be respected and supported. 

456. The Department and union delegates will work together respectfully and collaboratively.  

Supporting the role of union delegates  

457. The Department respects the role of union delegates to:  

457.1 provide information, consult with and seek feedback from employees in the 

workplace on workplace matters; 

457.2 consult with other delegates and union officials, and get advice and assistance from 

union officials; 

457.3 represent the interests of members to the employer and industrial tribunals; and  

457.4 represent members at relevant union forums, consultative committees or 

bargaining. 

458. The Department and union delegates recognise that undertaking the role of a union delegate 

is not the primary purpose of an employee’s engagement, and must work with and not 

unreasonably impact their regular duties. Honorary officials may request additional time and 

facilities from time to time.  

459. Union delegates will be provided with reasonable paid time during their normal working hours 

to perform their union delegate role. The paid time provided should not result in disruption to 

critical services or operational requirements.  

460. To support the role of union delegates, the Department will, subject to legislative and 

operational requirements, including privacy and security requirements: 

460.1 provide union delegates with reasonable access to Departmental facilities and 

resources, including for paid or unpaid meetings between employees and their 

unions and to communicate with union officials; 

460.2 advise union delegates and other union officials of the Departmental facilities and 

resources available for their use, which may include telephone, photocopying, 

internet, and email; 

460.3 allow reasonable official union communication appropriate to the Department from 

union delegates with employees, including through email, intranet pages and notice 

boards. This may include providing a link to a union website for employees to access 

union information. Any assistance in facilitating email communications does not 

include the Department vetoing reasonable communications;  

460.4 provide access to new employees as part of induction; and  








 

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460.5 provide reasonable access to union delegates to attend appropriate paid time 

training in workplace relations matters, during normal working hours.  

461. Where APS employees are elected as officials of a trade union or professional association, 

they are not required to seek permission from the workplace or the Department before 

speaking publicly in that capacity, subject to the APS Code of Conduct and legislative 

requirements.  

Employee representational rights 

462. The Department respects the principles of freedom of association and recognises that it is 

every employee’s right to freely decide whether or not to join and be represented by a union 

in workplace matters. 

463. The Department recognises that an employee may, in matters concerning their employment, 

choose to have a representative of their choice to support or represent them. 

A representative requested by an employee to act in this capacity may include a union 

workplace delegate, an elected representative, or a work colleague. The Department and the 

employee’s nominated representative will deal with each other in good faith. 

464. The role of employee representatives, including union delegates and other non-union 

employee representatives, is to be respected and facilitated. Further information is available 

in the Department’s support for employee representatives policy. 

  








 

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Section 11: Separation and retention  

Resignation 

465. An employee may resign from their employment by giving the Secretary at least 14 calendar 

days’ notice.  

466. At the instigation of the Secretary, the resignation may take effect at an earlier date within the 

notice period. In such cases, the employee will receive paid compensation in lieu of the notice 

period which is not worked. 

467. The Secretary has the discretion to agree to a shorter period of notice or waive the 

requirement to give notice.  

Payment on death of an employee  

468. When an employee dies, or the Secretary has directed that an employee is presumed to have 

died on a particular date, subject to any legal requirements, the Secretary must authorise 

payments to the partner, dependants or legal representative of the former employee, the 

amount to which the former employee would have been entitled had they ceased 

employment through resignation or retirement, or where legislation provides specifically for 

amounts calculated based on the death of the employee, those amounts. If payment has not 

been made within a year of the former employee’s death, it should be made to their legal 

representative. 

Redeployment, retraining, redundancy  

469. The redeployment, redundancy and reduction provisions only apply to ongoing employees 

who are not on probation. 

470. The Department will take all reasonably practicable steps to avoid the use of compulsory 

redundancy or redeployment.  

471. The Department will assist employees to maximise their redeployment opportunities within 

the Department and the wider APS and will fund relevant career and financial counselling in 

accordance with clause 484.  

Definition 

472. An employee will be considered excess where:  

472.1 the employee is part of a class of employees that is larger in size than is necessary 

for the efficient and economical working of the Department; or 

472.2 the services of the employee can no longer be used effectively because of 

technological or other changes in the Department or changes in the nature, extent 

or organisation of the functions of the Department; or  








 

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472.3 the duties usually performed by the employee are to be performed at a different 

locality, the employee is not willing to perform duties at the new locality and no 

suitable alternative duties can be identified at the current locality. 

Notification and consultation 

473. The Secretary will notify employees who are likely to become excess as early as possible and, 

where they choose to have a representative, their representatives will also be notified. 

474. The initial notification will usually occur verbally to maximise the time employees have to 

consider their options.   

475. When the Department becomes aware that a significant excess staffing situation may develop, 

the Secretary will advise relevant employees, managers and employee representatives.  

Discussion period 

476. Following the initial notification the Secretary will write to the potentially excess employee(s) 

formally notifying them of the situation and advising them of the assistance available. At this 

stage potentially excess employees will be able to discuss their situation and options with 

management, with this period not exceeding one month ("discussion period"). 

477. During the discussion period, the Secretary may invite employees who are not potentially 

excess to express interest in voluntary redundancy where this would facilitate the 

redeployment of an employee who is potentially excess. An employee will not be made 

redundant voluntarily without Secretary approval.  

478. The discussion period may be shortened by agreement with the employee.  

Voluntary redundancy 

479. By the end of the one month discussion period, the Secretary may formally offer a voluntary 

redundancy to the employee. 

480. Excess employees will only be offered a voluntary redundancy once during the redundancy 

process.  

481. Where a formal offer of voluntary redundancy is made, employees will have one month to 

both consider the offer and advise the Department that they are either accepting or rejecting 

it ("consideration period"). Employees who fail to advise the Department of their decision by 

the end of the consideration period will be assumed to have rejected the offer of voluntary 

redundancy.  

482. An employee’s employment will not be terminated on the basis that the employee is an 

excess employee within this consideration period unless the employee has requested this to 

occur.  

483. Prior to or during the consideration period, the employee will be provided with an estimate of 

their redundancy benefit and pay in lieu of notice and leave entitlements, relevant taxation 

rules and the availability of career and financial counselling in addition to being advised about 

obtaining further information relating to superannuation and relevant taxation rules.  








 

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484. The Department will reimburse (on production of receipt/s) an employee considering 

voluntary redundancy up to $600 (including GST) for career and/or accredited financial 

counselling.  

485. Employees not accepting an offer of voluntary redundancy will be covered by clauses 496 to 

508 below.  

Redundancy benefit  

486. An employee who accepts an offer of voluntary redundancy with a redundancy benefit and 

whose employment is terminated by the Secretary under section 29 of the PS Act on the 

grounds that they are excess to requirements, is entitled to payment of a redundancy benefit 

of an amount equal of two weeks’ salary for each completed year of continuous service, plus a 

pro rata payment for completed months of service since the last completed year of service, 

subject to any minimum amount the employee is entitled to under the NES. The minimum 

payment will be four weeks’ salary and the maximum will be 48 weeks’ salary.  

487. The redundancy benefit will be calculated on a pro rata basis for any period where an 

employee has worked part-time hours during their period of service and the employee has 

less than 24 years full-time service, subject to any minimum amount the employee is entitled 

to under the NES.  

488. For the purposes of calculating any payment, salary will include:  

488.1 The employee's salary at their ongoing substantive classification;  

488.2 higher duties allowance, where the employee has been receiving higher duties 

allowance continuously for a period of at least 12 months immediately preceding the 

employee’s notification of termination date; and 

488.3 an allowance that has been paid during periods of annual leave and on a regular 

basis and is not a reimbursement for expenses incurred or a payment for disabilities 

associated with the performance of a duty. 

Calculating service for redundancy pay purposes 

489. For the purpose of calculating an employee's redundancy benefit, service means:  

489.1 service in the Department; 

489.2 Government service as defined in section 10 of the Long Service Leave 

(Commonwealth Employees) Act 1976; 

489.3 service with the Commonwealth (other than service with a joint Commonwealth-

State body or a body corporate in which the Commonwealth does not have a 

controlling interest) which is recognised for long service leave purposes; 

489.4 service with the Australian Defence Forces; 

489.5 APS service immediately preceding deemed resignation under the repealed section 

49 of the Public Service Act 1922 if the service has not previously been recognised for 

redundancy pay purposes; and 

489.6 service in another organisation where: 








 

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489.6.1 an employee was transferred from the APS to that organisation to give effect 

to an administrative re-arrangement; or 

489.6.2 within a function is appointed as a result of the transfer of that function to 

the APS, and such service is recognised for long service leave purposes. 

490. For earlier periods of service as defined above to count there must be no breaks between the 

periods except where:  

490.1 the break in service is less than one month and occurs where an offer of 

employment with the new employer was made and accepted by the employee 

before ceasing employment with the preceding employer; or 

490.2 the earlier period of service was with the APS and ceased because the employee was 

deemed to have resigned from the APS on marriage under the repealed section 49 of 

the Public Service Act 1922. 

Service not to count as service for redundancy pay purposes 

491. Absences from duty which do not count as service for long service leave purposes will not 

count as service for redundancy pay purposes. 

492. Periods of service that will not count as service for redundancy pay purposes are periods of 

service that ceased by way of: 

492.1 termination under section 29 of the PS Act; or 

492.2 prior to the commencement of the PS Act, by way of redundancy; forfeiture of 

office, retirement on the grounds of invalidity, inefficiency or loss of qualifications; 

dismissal or termination of probationary appointment for reasons of unsatisfactory 

service; or 

492.3 voluntary retirement at or above the minimum retiring age applicable to the 

employee; or 

492.4 payment of a redundancy benefit or a similar payment or an employer-financed 

retirement benefit. 

Period of notice – termination with a voluntary redundancy 

493. Employees over 45 years of age with at least two years of continuous service will be given five 

weeks’ notice. All other employees will be given four weeks’ notice.  

494. If an employee requests, and the Secretary agrees, that their employment be terminated 

within this notice period, they will be paid compensation for the unexpired portion of the 

notice period equal to the hours they would have worked during the notice period had their 

employment not been terminated.  

495. The Secretary will approve reasonable time off with full pay for the employee to attend 

necessary employment interviews from the start of the notice period. Where expenses to 

attend interviews are not met by the prospective employer, the Secretary will reimburse 

agreed reasonable travel and incidental expenses.  








 

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Involuntary redundancy, retention, redeployment and reduction  

Retention period 

496. An excess employee who does not agree to an offer of voluntary redundancy with the 

payment of a redundancy benefit will be entitled to the following period of retention, 

commencing from the date one month after the employee received their offer of voluntary 

redundancy:  

496.1 13 months where the employee has 20 or more years of service or is over 45 years of 

age; or 

496.2 7 months for all other employees. 

497. If an employee is entitled to a redundancy payment under the NES, the retention period at 

clause 496 will be reduced by the number of weeks redundancy pay that the employee will be 

entitled to under the NES on termination, as at the expiration of the retention period (as 

adjusted by this clause).  

498. The retention period will not be extended by periods of leave taken by the excess employee 

unless, after considering the circumstances of the individual case, the Secretary deems an 

extension as a result of a period of leave taken to be reasonable.  

499. Where the Secretary is satisfied that there is insufficient productive work available for the 

employee during the remainder of the retention period and that there are no reasonable 

redeployment prospects in the APS:  

499.1 the Secretary can terminate the employee’s employment under section 29 of the    

PS Act; and 

499.2 upon termination, the employee will be paid a lump sum comprising: 

499.1.1 the balance of the retention period (as shortened for the NES under clause 

497) and this payment will be taken to include the payment in lieu of notice 

of termination of employment, plus 

499.1.2 the employee’s NES entitlement to redundancy pay.  

Redeployment 

500. Employees on a retention period will be considered in isolation from and not in competition 

with other applicants when seeking assignment to another position within the Department.  

501. During the retention period, the Secretary:  

501.1 will take all reasonable steps to find alternative employment for the excess 

employee; and/or 

501.2 may reduce the excess employee's classification with the appropriate notice in order 

to secure them alternative employment, subject to the conditions set out in clauses 

504 and 505 below. 

502. During the retention period the employee will:  








 

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502.1 take reasonable steps to find alternative employment; and 

502.2 actively participate in learning and development activities, trial placements or other 

agreed arrangements to assist in obtaining a permanent placement. 

503. Excess employees are entitled to necessary leave with pay and assistance in meeting 

reasonable travel and incidental expenses when seeking alternative employment, where these 

are not met by the prospective employer.  

Reduction in classification 

504. Where the Secretary proposes to reduce an excess employee’s classification as a means of 

securing alternative employment, the employee will be given four weeks’ notice or, if over 45 

years of age with at least five years’ continuous service, will be given five weeks’ notice.  

505. If reduction occurs before the end of the retention period, the employee will receive 

payments to maintain the employee’s salary level for the balance of the retention period.  

Period of notice – termination of the retention period 

506. An excess employee’s employment will be terminated under section 29 of the PS Act at the 

end of their retention period.  

507. Where an excess employee’s employment is to be terminated they will be given four weeks’ 

notice. Employees over 45 years of age with at least two years’ continuous service will be 

given five weeks’ notice. This notice period will, as far as practicable, be concurrent with the 

employee’s retention period.  

508. If an employee’s employment is terminated within this notice period, they will be paid 

compensation for the unexpired portion of the notice period equal to the hours they would 

have worked during the notice period had their employment not been terminated.  

 

  








 

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Attachment A – Base salaries  

1. The following annual salary rates will apply to employees who are not in a Broadband.  

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 

Classification Salary levels 
As at  

31 August 
2023 

From the later of 
commencement of the 

Agreement or  
14 March 2024 

From  
13 March 2025 

From  
12 March 2026 

APS Level 1 APS1-1 $50,159 $52,165 $54,516   
APS Level 1 APS1-2 $51,266 $53,317 $55,343 $57,497 

APS Level 1 APS1-3 $53,023 $55,144 $57,239 $59,185 

APS Level 1 APS1-4 $55,409 $57,625 $59,815 $61,849 

  

APS Level 2 APS2-1 $57,870 $60,185 $62,472 $64,596 

APS Level 2 APS2-2 $59,607 $61,991 $64,347 $66,535 

APS Level 2 APS2-3 $63,611 $66,155 $68,669 $71,004 

APS Level 2 APS2-4 $64,396 $66,972 $69,517 $71,881 

  

APS Level 3 APS3-1 $66,878 $69,553 $72,196 $74,651 

APS Level 3 APS3-2 $68,769 $71,520 $74,238 $76,762 

APS Level 3 APS3-3 $71,727 $74,596 $77,431 $80,064 

APS Level 3 APS3-4 $72,565 $75,468 $78,336 $80,999 

  

APS Level 4 APS4-1 $75,770 $78,801 $81,795 $84,576 

APS Level 4 APS4-2 $77,853 $80,967 $84,044 $86,901 

APS Level 4 APS4-3 $80,249 $83,459 $86,630 $89,575 

APS Level 4 APS4-4 $81,442 $84,700 $87,919 $90,908 

  

APS Level 5 APS5-1 $83,213 $86,542 $89,831 $92,885 

APS Level 5 APS5-2 $84,741 $88,131 $91,480 $94,590 

APS Level 5 APS5-3 $87,863 $91,378 $94,850 $98,075 

APS Level 5 APS5-4 $88,865 $92,420 $95,932 $99,194 

  

APS Level 6 APS6-1 $91,145 $94,791 $98,393 $101,738 

APS Level 6 APS6-2 $95,323 $99,136 $102,903 $106,402 

APS Level 6 APS6-3 $100,764 $104,795 $108,777 $112,475 

APS Level 6 APS6-4 $102,448 $106,546 $110,595 $114,355 

  

Executive 
Level 1 

EL1-1 
$113,563 $118,106 $122,594 $126,762 

Executive 
Level 1 

EL1-2 
$119,683 $124,470 $129,200 $133,593 

Executive 
Level 1 

EL1-3 
$124,292 $129,264 $134,176 $138,738 

Executive 
Level 1 

EL1-4 
$128,907 $134,063 $139,157 $143,888 

  

Executive 
Level 2 

EL2-1 
$133,851 $139,205 $144,495 $149,408 

Executive 
Level 2 

EL2-2 
$145,382 $151,197 $156,942 $162,278 

Executive 
Level 2 

EL2-3 
$151,963 $158,042 $164,048 $169,626 








 

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Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 
Executive 

Level 2 
EL2-4 

$157,811 $164,123 $170,360 $176,152 

 

  








 

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Entry level broadband 

2. The following local titles are included in the Entry Level Broadband:  

2.1  Trainees (T); 

2.2 Indigenous Apprenticeship Program (A);  

2.3 Graduates (G); 

2.4 Cadet - Research Officer (R); and 

2.5 ICT Cadets (IT).  

3. During the life of this Agreement the Secretary may include other entry level local titles to this 

broadband. 

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 

Classification Salary levels Local title 
As at  

31 August 2023 

From the later of 
commencement of 
the Agreement or  
14 March 2024 

From  
13 March 2025 

From  
12 March 2026 

APS Level 1 APS1-1 Entry Level (T, 
A,G, R, or IT) 

$50,159 $52,165 $54,516   
APS Level 1 APS1-2 Entry Level (T,  

A,G, R, or IT) 
$51,266 $53,317 $55,343 $57,497 

APS Level 1 APS1-3 Entry Level (T, 
A,G, R, or IT) 

$53,023 $55,144 $57,239 $59,185 

APS Level 1 APS1-4 Entry Level (T, 
A,G, R, or IT) 

$55,409 $57,625 $59,815 $61,849 

Soft Barrier 

APS Level 2 APS2-1 Entry Level (T, 
A,G, R, or IT) 

$57,870 $60,185 $62,472 $64,596 

APS Level 2 APS2-2 Entry Level (T, 
A,G, R, or IT) 

$59,607 $61,991 $64,347 $66,535 

APS Level 2 APS2-3 Entry Level (T, 
A,G, R, or IT) 

$63,611 $66,155 $68,669 $71,004 

APS Level 2 APS2-4 Entry Level (T, 
A,G, R, or IT) 

$64,396 $66,972 $69,517 $71,881 

Soft Barrier 

APS Level 3 APS3-1 Entry Level (T, 
A,G, R, or IT) 

$66,878 $69,553 $72,196 $74,651 

APS Level 3 APS3-2 Entry Level (T, 
A,G, R, or IT) 

$68,769 $71,520 $74,238 $76,762 

APS Level 3 APS3-3 Entry Level (T, 
A,G, R, or IT) 

$71,727 $74,596 $77,431 $80,064 

APS Level 3 APS3-4 Entry Level (T, 
A,G, R, or IT) 

$72,565 $75,468 $78,336 $80,999 

Soft Barrier 

APS Level 4 APS4-1 Entry Level (T, 
A,G, R, or IT) 

$75,770 $78,801 $81,795 $84,576 

APS Level 4 APS4-2 Entry Level (T, 
A,G, R, or IT) 

$77,820 $80,967 $84,044 $86,901 

APS Level 4 APS4-3 Entry Level (T,  
A,G, R, or IT) 

$80,249 $83,459 $86,630 $89,575 

APS Level 4 APS4-4 Entry Level (T,  
A,G, R, or IT) 

$81,442 $84,700 $87,919 $90,908 

Soft Barrier 

APS Level 5 APS5-1 Entry Level (T,  
A,G, R, or IT) 

$83,213 $86,542 $89,831 $92,885 








 

Page 80 of 88 
 

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 

APS Level 5 APS5-2 Entry Level (T,  
A,G, R, or IT) 

$84,741 $88,131 $91,480 $94,590 

APS Level 5 APS5-3 Entry Level (T, 
A,G, R, or IT) 

$87,863 $91,378 $94,850 $98,075 

APS Level 5 APS5-4 Entry Level (T, 
A,G, R, or IT) 

$88,865 $92,420 $95,932 $99,194 

 

Entry pay points 

4. Entry pay points will be assessed in accordance with clauses 23 to 29 of this Agreement having 

specific regard to the participant’s qualifications, work experience, skills and abilities and the 

program the employee is undertaking. 

Payment to Cadet – Research Officers 

5. Cadet – Research Officers will be paid 57% of their salary for the time during the year they 

study while on the cadetship.  

ICT Cadets 

6. ICT Cadets will be employed on a part-time basis at a minimum of two full days per week 

during the University Semester with the option of full-time employment during University 

holidays for the approved period of study.  

7. The Secretary will approve payment of an Academic Allowance to ICT Cadets of $800 per 

successfully completed unit, capped at 4 units per semester. The allowance is taxable and will 

be paid through the payroll system. In the event that a Cadet withdraws, or due to a breach of 

the conditions of the ICT Cadetship is removed from the Cadetship Program, the ICT Cadet 

may be required to repay the full amount of Academic Allowance payments received within 

30 days of withdrawal or removal from the Program.  

Requirements 

8. Entry Level employees are required to undertake a program/course of training determined by 

the Secretary.  

Advancement 

9. Entry Level employees will be entitled to advance through the soft barriers within the Entry 

Level broadband as set out in their Letter of Offer. 

10. Advancement through the soft barriers within the Entry Level broadband as set out in their 

Letter of Offer is subject to:  

10.1 satisfactory completion of the program/course of training determined in accordance 

with clause 8; 

10.2 sufficient work being available at the higher classification level;  

10.3 the employee having gained the necessary skill and proficiencies to perform the 

more complex work; and  

10.4 the employee's performance being assessed as satisfactory.  








 

Page 81 of 88 
 

Legal Pay Scale and Broadband  

11. The following annual salary rates will apply to employees who meet the eligibility 

requirements and who are employed in the Legal local titles. 

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 

Classification Salary levels Local title 
As at  

31 August 
2023 

From the later of 
commencement of the 

Agreement or  
14 March 2024 

From  
13 March 2025 

From  
12 March 2026 

APS Level 3 LO1.1 Lawyer  $74,596 $77,431 $80,064 
APS Level 3 LO1.2 Lawyer  $75,468 $78,336 $80,999 

Soft Barrier – Work Value/Availability Barrier 

APS Level 4 LO2.1 Lawyer $80,249 $83,459 $86,630 $89,575 

APS Level 4 LO2.2 Lawyer $81,442 $84,700 $87,919 $90,908 

Soft Barrier – Work Value/Availability Barrier 

APS Level 5 LO3.1 Lawyer $87,863 $91,378 $94,850 $98,075 

APS Level 5 LO3.2 Lawyer $88,865 $92,420 $95,932 $99,194 

Soft Barrier – Work Value/Availability Barrier 

APS Level 6 LO4.1 Lawyer $91,145 $94,791 $98,393 $101,738 

APS Level 6 LO4.2 Lawyer $95,323 $99,136 $102,903 $106,402 

APS Level 6 LO4.3 Lawyer $102,448 $106,546 $110,595 $114,355 

APS Level 6 LO4.4 Lawyer $103,832 $107,985 $112,088 $115,899 

Hard Barrier – Advancement subject to a merit process 

Executive 
Level 1 

SLO1.1 
Senior 
Lawyer $119,683 $124,470 $129,200 $133,593 

Executive 
Level 1 

SLO1.2 
Senior 
Lawyer $127,272 $132,363 $137,393 $142,064 

Executive 
Level 1 

SLO1.3 
Senior 
Lawyer $128,907 $134,063 $139,157 $143,888 

Executive 
Level 1 

SLO1.4 
Senior 
Lawyer $138,251 $143,781 $149,245 $154,319 

Hard Barrier – Advancement subject to a merit process 

Executive 
Level 2 

PLO1.1 
Principal 
Lawyer $145,382 $151,197 $156,942 $162,278 

Executive 
Level 2 

PLO1.2 
Principal 
Lawyer $151,197 $157,245 $163,220 $168,769 

Executive 
Level 2 

PLO1.3 
Principal 
Lawyer $157,748 $164,058 $170,292 $176,082 

Executive 
Level 2 

PLO1.4 
Principal 
Lawyer $164,125 $170,690 $177,176 $183,200 

Work Value/Availability Barrier 

Executive 
Level 2 

PLO1.5 
Special 

Counsel* $164,572 $171,155 $177,659 $183,699 

 

*Access to the Special Counsel designation can only be achieved where the Secretary is satisfied that there is a 

need to undertake high level managerial responsibilities and/or high level technical legal skills in the 

Department’s Legal Practice and the employee has the skills and experience to warrant movement to that local 

title. 

  








 

Page 82 of 88 
 

Eligibility for entry to Legal Pay Scale and Broadband 

12. An employee is eligible for entry to the Legal Pay Scale and Broadband if: 

12.1 they are required to perform legal work; and  

12.2 at least one of the below applies: 

12.2.1 the employee possesses a degree from an Australian tertiary institution or a 

comparable qualification and has been admitted, or is eligible for admission, as 

a legal practitioner of the High Court or the Supreme Court of an Australian 

State or Territory; and/or  

12.2.2 the Secretary determines that the employee's skills, qualifications and 

experience in relation to legal work are appropriate for entry. 

Advancement 

13. Legal Pay Scale and Broadband employees will be entitled to advance through the soft barriers 

within the Legal Pay Scale and Broadband subject to: 

13.1 sufficient work being available at the higher classification level;  

13.2 the employee having gained the necessary skill and proficiencies to perform the 

more complex work; and  

13.3 the employee's performance being assessed as satisfactory. 

 








 

Page 83 of 88 
 

Public Affairs Officers Pay Scale and Broadband 

14. The following annual salary rates will apply to employees who are employed in the Public 

Affairs Officer local titles. 

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 

Classification 
Salary 

levels 
Local title 

As at  

31 August 

2023 

From the later of 

commencement of 

the Agreement or  

14 March 2024 

From  

13 March 2025 

From  

12 March 2026 

APS Level 4 PAO1.1 PAO1 $75,770 $78,801 $81,795 $84,576 

APS Level 4 PAO1.2 PAO1 $77,853 $80,967 $84,044 $86,901 

APS Level 4 PAO1.3 PAO1 $80,249 $83,459 $86,630 $89,575 

APS Level 4 PAO1.4 PAO1 $81,442 $84,700 $87,919 $90,908 

Soft Barrier - Work Value/Availability Barrier 

APS Level 5 PAO1.5 PAO1 $83,213 $86,542 $89,831 $92,885 

APS Level 5 PAO1.6 PAO1 $84,741 $88,131 $91,480 $94,590 

APS Level 5 PAO1.7 PAO1 $87,863 $91,378 $94,850 $98,075 

APS Level 5 PAO1.8 PAO1 $88,865 $92,420 $95,932 $99,194 

Hard Barrier – Advancement subject to a merit process 

APS Level 6 PAO2.1 PAO2 $91,145 $94,791 $98,393 $101,738 

APS Level 6 PAO2.2 PAO2 $95,323 $99,136 $102,903 $106,402 

APS Level 6 PAO2.3 PAO2 $100,764 $104,795 $108,777 $112,475 

APS Level 6 PAO2.4 PAO2 $103,832 $107,985 $112,088 $115,899 

Hard Barrier – Advancement subject to a merit process 

Executive 

Level 1 
PAO3.1 PAO3 

$113,563 $118,106 $122,594 $126,762 

Executive 

Level 1 
PAO3.2 PAO3 

$119,683 $124,470 $129,200 $133,593 

Executive 

Level 1 
PAO3.3 PAO3 

$124,292 $129,264 $134,176 $138,738 

Executive 

Level 1 
PAO3.4 PAO3 

$128,907 $134,063 $139,157 $143,888 

Executive 

Level 1 
PAO3.5 PAO3 

$136,976 $142,455 $147,868 $152,896 

Hard Barrier – Advancement subject to a merit process 

Executive 

Level 2 
SPAO1.1 SPAO 

$141,179 $146,826 $152,405 $157,587 

Executive 

Level 2 
SPAO1.2 SPAO 

$145,382 $151,197 $156,942 $162,278 

Executive 

Level 2 
SPAO1.3 SPAO 

$151,963 $158,042 $164,048 $169,626 

Executive 

Level 2 
SPAO1.4 SPAO 

$157,811 $164,123 $170,360 $176,152 

 

 








 

Page 84 of 88 
 

Eligibility for entry to Public Affairs Officer Pay Scale and Broadband 

15. An employee is eligible for entry to the above Public Affairs Officer Pay Scale and Broadband if 

they: 

15.1 they are required to perform public affairs work; and 

15.2 at least one of the below applies: 

15.2.1 the employee possesses a degree in journalism, communications, marketing 

and/or public relations from an Australian tertiary institution or 

qualifications; and/or 

15.2.2 the Secretary determines that the employee's work experience is 

comparable to the qualifications in clause 15.2.1.  

Advancement 

16. Public Affairs Officers will be entitled to advance through the soft barriers within the Public 

Affairs Officer Pay Scale and Broadband subject to:  

16.1 sufficient work being available at the higher classification level;  

16.2 the employee having gained the necessary skill and proficiencies to perform the 

more complex work; and  

16.3 the employee's performance being assessed as satisfactory. 

 








 

Page 85 of 88 
 

Attachment B – Supported Wage System 

1. This schedule defines the condition which will apply to employees because of the effects of a 

disability and who are eligible for a supported wage under the terms of this Agreement.  

Definitions 

2. In this schedule: 

Approved assessor means a person accredited by the management unit established by the 

Commonwealth under the supported wage system to perform assessments of an individual’s 

productive capacity within the supported wage system. 

Assessment instrument means the tool provided for under the supported wage system that 

records the assessment of the productive capacity of the person to be employed under the 

supported wage system. 

Disability Support Pension means the Commonwealth Government pension scheme to 

provide income security for persons with a disability as provided under the Social Security Act 

1991 (Cth), as amended from time to time, or any successor to that scheme. 

Relevant minimum wage means the minimum wage prescribed in this Agreement for the 

class of work for which an employee is engaged. 

Supported Wage System (SWS) means the Commonwealth Government system to promote 

employment for people who cannot work at full Agreement wages because of a disability, as 

documented in the Supported Wage System Handbook and Guidelines. The Handbook is 

available from the JobAccess website (www.jobaccess.gov.au). 

SWS wage assessment agreement means the document in the form required by the 

Department of Social Services that records the employee’s productive capacity and agreed 

wage rate. 

Eligibility criteria 

3. Employees covered by this schedule will be those who are unable to perform the range of 

duties to the competence level required within the class for which the employee is engaged 

under this Agreement, because of the effects of a disability on their productive capacity and 

who meet the impairment criteria for receipt of a disability support pension. 

4. The schedule does not apply to any existing employee who has a claim against the employer 

which is subject to the provisions of workers compensation legislation or any provision of this 

Agreement relating to the rehabilitation of employees who are injured in the course of their 

employment. 

Supported wage rates 

5. Employees to whom this clause applies shall be paid the applicable percentage of the relevant 

minimum wage according to the following schedule: 






http://jobaccess/


 

Page 86 of 88 
 

 

Table 2 Applicable percentage of relevant minimum wage paid to applicable employees  

Assessed capacity  Percentage of Agreement rate 

10 per cent 10 per cent 

20 per cent 20 per cent 

30 per cent 30 per cent 

40 per cent 40 per cent 

50 per cent 50 per cent 

60 per cent 60 per cent 

70 per cent 70 per cent 

80 per cent 80 per cent 

90 per cent 90 per cent 

6. Provided that the minimum amount payable to an employees to whom the SWS applies is not 

less than the amount prescribed in the National Minimum Wage Order. Note: The minimum 

amount payable is reviewed every year in July. 

7. Where an employee’s assessed capacity is 10 per cent, they must receive a high degree of 

assistance and support. 

Assessment of capacity 

8. For the purposes of establishing the percentage of the relevant minimum wage, the 

productive capacity of the employee will be assessed in accordance with the Supported Wage 

System by an approved assessor, having consulted the employer and the employee, and if the 

employee so desires, a union which the employee is eligible to join. 

9. Assessment made under this schedule must be documented in a SWS wage assessment 

agreement, and retained by the employer as a time and wages record in accordance with the 

FW Act. 

Lodgement of SWS wage assessment agreement 

10. All SWS wage assessment agreements under the conditions of this schedule, including the 

appropriate percentage of the relevant minimum wage to be paid to the employee, must be 

lodged by the employer with the Fair Work Commission. 

11. All SWS wage assessment agreements must be agreed and signed by the employee and 

employer parties to the assessment. Where a union which has an interest in the agreement is 

not a party to the assessment, the assessment will be referred by the Fair Work Commission 

to the union by certified mail and the agreement will take effect unless an objection is notified 

to the Fair Work Commission within 10 working days. 








 

Page 87 of 88 
 

Review of assessment 

12. The assessment of the applicable percentage should be subject to annual review or more 

frequent review on the basis of a reasonable request for such a review. The process of review 

must be in accordance with the procedures for assessing capacity under the supported wage 

system. 

Other terms and conditions of employment 

13. Where an assessment has been made, the applicable percentage will apply to the relevant 

wage rate only. Employees covered by the provisions of the schedule will be entitled to the 

same terms and conditions of employment as all other workers covered by this Agreement 

paid on a pro-rata basis. 

Workplace adjustment 

14. An employer wishing to employ a person under the provisions of this schedule must take 

reasonable steps to make changes in the workplace to enhance the employee’s capacity to do 

the job. Changes may involve redesign of job duties, working time arrangements and work 

organisation in consultation with other workers in the area. 

Trial period  

15. In order for an adequate assessment of the employee’s capacity to be made, an employer may 

employ a person under the provisions of this schedule for a Trial Period not exceeding 12 

weeks, except that in some cases additional work adjustment time (not exceeding four weeks) 

may be needed. 

16. During that Trial Period the assessment of capacity will be undertaken and the percentage of 

the relevant minimum wage for a continuing employment relationship will be determined. 

17. The minimum amount payable to the employee during the Trial Period must be no less than 

the current weekly rate, as determined by the Fair Work Commission. 

18. Work trials should include induction or training as appropriate to the job being trialled. 

19. Where the employer and employee wish to establish a continuing employment relationship 

following the completion of the Trial Period, a further contract of employment will be entered 

into based on the outcome of assessment under clause 8 and 9.   

  








 

Page 88 of 88 
 

Attachment C – Recognition of allowances  

 

 

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Higher duties 
Allowance Yes4 Yes Yes1 Yes1 Yes1 Yes Yes1 Yes2 Yes2 Yes1 Yes1 

Shift Allowance Yes4 No No Yes No Yes No No Yes1 Yes1 Yes1 

Restriction 
Allowance Yes4 No No No No No No No Yes1 No No 

Workplace 
Contact Officer4 Yes4 No Yes3 Yes3 Yes3 Yes Yes3 Yes3 Yes1 Yes3 Yes3 

Community 
Language 
Allowance 

Yes4 No Yes Yes Yes No Yes1 Yes1 Yes1 Yes1 Yes1 

Departmental 
Liaison Officer 
Allowance 

Yes4 No Yes Yes Yes Yes Yes1 Yes1 Yes1 Yes1 Yes1 

Remote Locality 
Assistance 
Allowance 

No No Yes1 Yes1 Yes No Yes1 No Yes1 Yes1 Yes1 

 

1 Subject to relevant legislation and/or clauses in this Agreement. 

2 If in receipt of allowance on last day of service. 

3 Allowance is only payable during periods of leave up to 20 days. Allowance will cease for periods in 

excess of 20 days. The payment for the allowance will only resume upon the employee’s return to 

the workplace and if the employee remains appointed to the relevant role.  

4 Subject to relevant superannuation rules. 








SIGNATORIES 

Employer 

Signed for, and on behalf of, the Commonwealth of Australia as represented by the 
Department of Social Services 

Ray Griggs 
Secretary 
Department of Social Services 
71 Athllon Drive, Greenway ACT 2900 

Bargaining representative: Community and Public Sector Union 

Signed for, and on behalf of, the Community and Public Sector Union 

~f ¾,//~ 
~ ······ ~ 

Belh--Vtncent-Piets c h 
Deputy Secretary 
Community and Public Sector Union 
4/224 Bunda Street, Canberra ACT 2601 


SIGNATORIES Employer Signed for, and on behalf of, the Commonwealth of Australia as represented by the Department of Social Services Ray Griggs Secretary Department of Social Services 71 Athllon Drive, Greenway ACT 2900 Bargaining representative: Community and Public Sector Union Signed for, and on behalf of, the Community and Public Sector Union 720 Beth Vincent-Pietsch Deputy Secretary Community and Public Sector Union 4/224 Bunda Street, Canberra ACT 2601




 



IN THE FAIR WORK COMMISSION 

FWC Matter No: AG2024/439 

Section 185 - Application for approval of a single enterprise agreement 

Applicant: Commonwealth of Australia as represented by the Department of Social Services 

I, Richard Baumgart, Group Manager Corporate, on behalf of the Commonwealth of Australia as 
represented by the Department of Social Services (Department) give the following undertaking 
pursuant section 190 of the Fair Work Act 2009 (Cth} with respect to the Department of Social 
Services Enterprise Agreement 2024 - 2027 (Agreement): 

1. For the purposes of clauses 104 and 184 of the Agreement, the part-time work agreement setting 
out an employee's agreed part time hours will be issued before the part-time arrangement 
commences and will include: 

a. the ordinary hours the employee will work each week; and 

b. the pattern of hours to be worked, including starting and finishing times for employees 
other than shiftworkers, on each or any day of the week, within the bandwidth. The 
pattern of hours will provide for no less than three hours per day, or an alternative period 
agreed. 

2. If, during a four week settlement period, a shiftworker is directed to work overtime on a Saturday, 
the Department will: 

a. at the end of that settlement period, conduct a reconciliation between the amount the 
employee would have been entitled to be paid under the Australian Public Service 
Enterprise Award 2015 (APS Award} and the amount they are entitled to under the 
Agreement for that period; and 

b. if there is any shortfall between the amount that the employee is entitled to be paid under 
the Agreement and the amount that would have been paid to the employee under the 
APS Award, pay the employee the amount of that shortfall plus $5.00 in the next pay 
period . 

3. If, during a four week settlement period, an APS1 employee works after 6.00pm on a weekday, or 
temporarily occupies a role acting at a higher classification level for which they are not entitled to 
receive higher duties allowance, the Department will: 

a. at the end of that settlement period, conduct a reconciliation between the amount the 
employee would have been entitled to be paid under the APS Award and the amount they 
are entitled to under the Agreement for that period; and 

b. if there is any shortfall between the amount that the employee is entitled to be paid under 
the Agreement and the amount that would have been paid to the employee under the 
APS Award, pay the employee the amount of that shortfall plus $5.00 in the next pay 
period. 

R")~ 
Richard Baumgart 
Group Manager Corporate 

8 March 2023 


IN THE FAIR WORK COMMISSION FWC Matter No: AG2024/439 Section 185 - Application for approval of a single enterprise agreement Applicant: Commonwealth of Australia as represented by the Department of Social Services I, Richard Baumgart, Group Manager Corporate, on behalf of the Commonwealth of Australia as represented by the Department of Social Services (Department) give the following undertaking pursuant section 190 of the Fair Work Act 2009 (Cth) with respect to the Department of Social Services Enterprise Agreement 2024 - 2027 (Agreement): 1. For the purposes of clauses 104 and 184 of the Agreement, the part-time work agreement setting out an employee's agreed part time hours will be issued before the part-time arrangement commences and will include: a. the ordinary hours the employee will work each week; and b. the pattern of hours to be worked, including starting and finishing times for employees other than shiftworkers, on each or any day of the week, within the bandwidth. The pattern of hours will provide for no less than three hours per day, or an alternative period agreed. 2. If, during a four week settlement period, a shiftworker is directed to work overtime on a Saturday, the Department will: a. at the end of that settlement period, conduct a reconciliation between the amount the employee would have been entitled to be paid under the Australian Public Service Enterprise Award 2015 (APS Award) and the amount they are entitled to under the Agreement for that period; and b. if there is any shortfall between the amount that the employee is entitled to be paid under the Agreement and the amount that would have been paid to the employee under the APS Award, pay the employee the amount of that shortfall plus $5.00 in the next pay period. 3. If, during a four week settlement period, an APS1 employee works after 6.00pm on a weekday, or temporarily occupies a role acting at a higher classification level for which they are not entitled to receive higher duties allowance, the Department will: a. at the end of that settlement period, conduct a reconciliation between the amount the employee would have been entitled to be paid under the APS Award and the amount they are entitled to under the Agreement for that period; and b. if there is any shortfall between the amount that the employee is entitled to be paid under the Agreement and the amount that would have been paid to the employee under the APS Award, pay the employee the amount of that shortfall plus $5.00 in the next pay period. Richard Baumgart Group Manager Corporate 8 March 2023

Cases cited by this decision: