1
Fair Work Act 2009
s.185—Enterprise agreement
Commonwealth of Australia, represented by the Australian National Audit
Office
(AG2024/706)
AUSTRALIAN NATIONAL AUDIT OFFICE ENTERPRISE
AGREEMENT 2024 – 2027
Commonwealth employment
DEPUTY PRESIDENT COLMAN MELBOURNE, 22 MARCH 2024
Application for approval of the Australian National Audit Office Enterprise Agreement 2024 –
2027
[1] The Commonwealth of Australia, as represented by the Australian National Audit
Office (ANAO), has applied under s 185 of the Fair Work Act 2009 (Act) for approval of an
enterprise agreement, the Australian National Audit Office Enterprise Agreement 2024 – 2027
(the Agreement).
[2] I am satisfied that the requirements of ss 186, 187 and 188 have been met. In particular,
I am satisfied that the Agreement passes the ‘better off overall test’ (BOOT). The Agreement
contains numerous terms that are more beneficial to employees than those in the relevant award,
including substantially higher salaries and employer superannuation contributions, and
enhanced entitlements to leave. These terms comfortably outweigh the few terms which, in
certain respects, are less beneficial than those in the award. In my view each award covered
employee and each reasonably foreseeable employee will be better off overall under the
Agreement. I reach this conclusion having undertaken the global assessment required by
s 193A(2), and having considered the views of the ANAO and the Community and Public
Sector Union (CPSU), which are that the Agreement passes the BOOT (see s 193A(3) and (4)).
[3] The CPSU has given notice under s 183 that it wants the Agreement to cover it. As
required by s 201(2), I note that the Agreement covers the CPSU. The Agreement was approved
on 22 March 2024 and will operate from 29 March 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE523924 PR772656
[2024] FWCA 1031
DECISION
FairWork
Commission
ISSION E SEAL OF THE
AUSTRALIA FairWork Commission
Australian National Audit Office
Enterprise Agreement
2024 - 2027
Australian National
Audit Office
Australian National Audit Office
2
Signatories
Signed for and on behalf of the Australian National Audit Office (ABN 33 020 645 631)
Rona Mellor PSM
Acting Auditor-General for Australia
38 Sydney Avenue, Forrest ACT 2603
Signed for and on behalf of the Community and Public Sector Union
Melissa Payne
Assistant National Secretary, National Secretariat
Community and Public Sector Union
54-58 Foveaux Street, Surry Hills NSW 2010
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Contents
Signatories ................................................................................................................... 2
Section 1: Technical matters ......................................................................................... 7
Title .............................................................................................................................................. 7
Parties to the agreement ............................................................................................................... 7
Operation of the agreement .......................................................................................................... 7
Delegations ................................................................................................................................... 7
National Employment Standards (NES) precedence ........................................................................ 8
Closed comprehensive agreement ................................................................................................. 8
Individual flexibility arrangements ................................................................................................. 8
Definitions .................................................................................................................................. 10
Usual location of work ................................................................................................................. 12
Section 2: Remuneration ............................................................................................ 13
Salary .......................................................................................................................................... 13
Payment of salary ........................................................................................................................ 13
Salary setting .............................................................................................................................. 13
Salary packaging .......................................................................................................................... 14
Incremental advancement ........................................................................................................... 14
Superannuation ........................................................................................................................... 15
Method for calculating superannuation salary ................................................................................. 16
Payment during unpaid parental leave ............................................................................................. 16
Overpayments ............................................................................................................................. 16
Section 3: Allowances and reimbursements ................................................................ 18
Higher duties allowance .............................................................................................................. 18
Allowances .................................................................................................................................. 18
Motor vehicle allowance ................................................................................................................... 18
Restriction allowance ........................................................................................................................ 19
Parking fees ....................................................................................................................................... 19
Workplace responsibility allowances ........................................................................................... 19
Community language allowance .................................................................................................. 20
Section 4: Classifications and broadbands ................................................................... 22
Graduates ................................................................................................................................... 22
Work Level Standards .................................................................................................................. 22
Broadbanded Classification Structure........................................................................................... 22
4
Section 5: Working hours and arrangements .............................................................. 23
Job security ................................................................................................................................. 23
Commitment to ongoing employment and rebuilding APS capacity ................................................ 23
Reporting ........................................................................................................................................... 23
Pathways to permanency .................................................................................................................. 23
Casual (irregular or intermittent) employment ............................................................................. 23
Non-ongoing employment ........................................................................................................... 24
Working hours............................................................................................................................. 24
Time recording ............................................................................................................................ 25
Flex for APS 1-6 classifications ..................................................................................................... 25
Excess flex debit ................................................................................................................................ 25
Local working patterns ...................................................................................................................... 26
Executive Level Time Off in Lieu (EL TOIL) ..................................................................................... 26
Overtime and restriction ............................................................................................................. 26
Rate of payment ................................................................................................................................ 27
Flexible working arrangements .................................................................................................... 27
Requesting formal flexible working arrangements ........................................................................... 28
Varying, pausing or terminating flexible working arrangements ..................................................... 30
Working from home .......................................................................................................................... 31
Ad-hoc arrangements........................................................................................................................ 32
Altering span of hours ....................................................................................................................... 32
Part-time work ............................................................................................................................ 32
Christmas closedown ................................................................................................................... 32
Public holidays ............................................................................................................................ 33
Section 6: Leave .......................................................................................................... 35
Annual leave ............................................................................................................................... 35
Accessing annual leave at half pay .................................................................................................... 35
Public holiday during annual leave ................................................................................................... 36
Excessive annual leave ...................................................................................................................... 36
Cash out of annual leave ................................................................................................................... 36
Purchased leave .......................................................................................................................... 36
Personal/carer’s leave ................................................................................................................. 37
Accrual ............................................................................................................................................... 37
Usage ................................................................................................................................................. 37
Carers ................................................................................................................................................ 38
Evidence ............................................................................................................................................ 38
Portability of leave ...................................................................................................................... 38
Leave without pay ....................................................................................................................... 39
Re-crediting of leave .................................................................................................................... 40
Long service leave ....................................................................................................................... 40
Miscellaneous leave .................................................................................................................... 41
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Cultural, ceremonial and NAIDOC leave ....................................................................................... 41
NAIDOC leave .................................................................................................................................... 41
First Nations ceremonial leave .......................................................................................................... 41
Cultural leave .................................................................................................................................... 42
Parental leave ............................................................................................................................. 42
Payment during parental leave ......................................................................................................... 42
Adoption and long-term foster care ................................................................................................. 44
Stillbirth ............................................................................................................................................. 44
Pregnancy loss leave ......................................................................................................................... 45
Premature birth leave ....................................................................................................................... 45
Transitional provisions ...................................................................................................................... 45
Compassionate leave ................................................................................................................... 45
Bereavement leave...................................................................................................................... 46
Emergency response leave ........................................................................................................... 46
Jury duty ..................................................................................................................................... 47
Defence reservist leave ................................................................................................................ 47
Defence service sick leave ............................................................................................................ 48
Leave to attend proceedings ........................................................................................................ 49
Absent from duty ........................................................................................................................ 49
Section 7: Employee support and workplace culture ................................................... 50
Blood donation ........................................................................................................................... 50
Vaccinations ................................................................................................................................ 50
Health assessment ...................................................................................................................... 50
Employee Assistance Program ..................................................................................................... 50
Respect at work........................................................................................................................... 50
Principles ........................................................................................................................................... 50
Consultation ...................................................................................................................................... 51
Family and domestic violence support ......................................................................................... 51
Integrity in the APS ...................................................................................................................... 53
First Nations cultural competency training ................................................................................... 53
Lactation and breastfeeding support ............................................................................................ 54
Disaster support .......................................................................................................................... 54
Loss or damage to clothing and personal effects ........................................................................... 55
Section 8: Performance and development .................................................................. 56
Performance management .......................................................................................................... 56
Workloads................................................................................................................................... 56
Study assistance .......................................................................................................................... 56
Professional qualifications ........................................................................................................... 56
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Section 9: Travel and location-based conditions ......................................................... 57
Travel .......................................................................................................................................... 57
Relocation assistance .................................................................................................................. 57
Section 10: Consultation, representation and dispute resolution ................................ 58
Consultation ................................................................................................................................ 58
Principles ........................................................................................................................................... 58
When consultation is required .......................................................................................................... 58
Provisions for consultation on major change and introduction of a change to regular roster or
ordinary hours of work of employees ...................................................................................... 59
Representation .................................................................................................................................. 59
Major change .................................................................................................................................... 60
Change to regular roster or ordinary hours of work ......................................................................... 61
Interaction with emergency management activities ........................................................................ 62
Agency consultative committee ................................................................................................... 62
APS consultative committee ........................................................................................................ 62
Dispute resolution ....................................................................................................................... 62
Leave of absence to attend proceedings .......................................................................................... 64
Delegates’ rights .......................................................................................................................... 64
Supporting the role of union delegates ............................................................................................ 64
Section 11: Separation and retention .......................................................................... 66
Resignation ................................................................................................................................. 66
Payment on death of an employee .............................................................................................. 66
Redeployment, retraining, redundancy ........................................................................................ 66
Coverage ........................................................................................................................................... 66
Definition of excess employee .......................................................................................................... 67
Consultation with potentially excess employees .............................................................................. 67
Declaring an employee excess .......................................................................................................... 68
Voluntary Retrenchment................................................................................................................... 68
Period of Notice ................................................................................................................................ 68
Severance Benefit ............................................................................................................................. 69
Rate of Payment ................................................................................................................................ 69
Accelerated Separation Option and Additional Payment ................................................................. 70
Retention Period ............................................................................................................................... 70
Redeployment ................................................................................................................................... 71
Involuntary Retrenchment ................................................................................................................ 71
Termination of Employment ........................................................................................................ 72
Attachment A – Base salaries ...................................................................................... 73
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Section 1: Technical matters
Title
1 This agreement will be known as the Australian National Audit Office Enterprise
Agreement 2024 – 2027.
Parties to the agreement
2 This agreement covers:
2.1 the Auditor-General, for and on behalf of the Commonwealth of Australia as the
employer;
2.2 all employees in the Australian National Audit Office employed under the Public
Service Act 1999 other than:
2.2.1 Senior Executive Service employees or equivalent;
2.2.2 Those persons whose salary is paid by another government agency or
employer.
2.3 subject to notice being given in accordance with section 183 of the Fair Work Act
2009, and the following employee organisation/s which were a bargaining
representative for this agreement:
2.3.1 Community and Public Sector Union (CPSU)
Operation of the agreement
3 This agreement will commence operation seven days after approval by the Fair Work
Commission.
4 This agreement will nominally expire on 28 February 2027.
Delegations
5 The Auditor-General may delegate to or authorise any person to perform any or all of the
Auditor-General’s powers or functions under this agreement, including the power of
delegation, and may do so subject to conditions.
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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 Australian National Audit Office in any
respect when compared with the NES.
Closed comprehensive agreement
7 This agreement states the terms and conditions of employment of employees covered by
this agreement, other than terms and conditions applying under relevant Commonwealth
laws.
8 This agreement will be supported by policies and guidelines, as implemented and varied
from time to time.
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 Australian National Audit Office 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 agreement 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.
10.2 the arrangement meets the genuine needs of the Australian National Audit Office
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 Australian National Audit Office
and the employee.
9
11 The agency 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 Australian National Audit Office must ensure that the individual flexibility
arrangement:
12.1 is in writing;
12.2 includes the name of the Australian National Audit Office and the employee;
12.3 is signed by the Auditor-General 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 enterprise 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
12.4.4 states the day on which the arrangement commences.
13 The Australian National Audit Office must give the employee a copy of the individual
flexibility arrangement within 14 days after it is agreed to.
14 The Australian National Audit Office 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 Australian National Audit Office and employee agree in writing – at any
time.
15 The Australian National Audit Office and the employee are to review the individual
flexibility arrangement at least every 12 months.
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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.
Agency Head means the Auditor-General for Australia and accountable authority for the
Australian National Audit Office, or the Auditor-General's delegate.
Agreement means the Australian National Audit Office 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
Auditor-General 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, 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. This includes a former de facto partner.
Delegate means someone to whom a power or function has been delegated.
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Dependant means the employee’s spouse or de facto partner, a child, parent or aged
relative of the employee or the employee’s spouse or de facto partner, who ordinarily
lives with the employee and who is substantially dependent on the employee. Dependant
also includes a child of the employee who does not ordinarily live with the employee but
for whom the employee provides substantial financial support.
Employee means an employee of the Commonwealth engaged under section 22(2) of the
PS Act who is covered by this agreement (whether full time, part-time or casual, ongoing
or non-ongoing).
Employee representative means a person (whether an employee or not) elected or
chosen by an employee or elected or chosen by a group of employees in a workplace, to
represent the individual and/or collective views of those employees in relation to a
matter under this agreement.
Family means:
a. a spouse, former spouse, de facto partner or former de facto partner of the
employee;
b. a child, parent, grandparent, grandchild, or sibling of the employee;
c. a child, parent, grandparent, grandchild, or sibling of a spouse, former spouse,
de facto partner or former de facto partner of the employee;
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 FW Act.
Full-time employee means an employee employed to work 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.
NES means the National Employment Standards at Part 2-2 of the FW Act.
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Ongoing employee means an employee engaged under section 22(2)(a) of the PS Act.
Ordinary hours, duty or work means an employee’s usual hours worked in accordance
with this agreement and does not include additional hours.
Parliamentary service means employment under the Parliamentary Service Act 1999.
Partner means a spouse or de facto partner, or former spouse or former partner.
Part-time employee means an employee whose ordinary hours are less than 37 hours
and 30 minutes per week 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.
PS Act means the Public Service Act 1999 as amended from time to time.
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.
Usual location of work
17 The Australian National Audit Office is a Canberra based organisation and the primary
place of work for the Australian National Audit Office is 38 Sydney Avenue, Forrest.
18 The Auditor-General and employee may agree to an alternate location of work on a
temporary or permanent basis.
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Section 2: Remuneration
Salary
19 Salary rates will be as set out in Attachment A – Base salaries of this agreement.
20 The base salary rates in Attachment A – Base Salaries include the following increases:
20.1 4.0 per cent from the first full pay period on or after 1 March 2024 (the 14 March
2024);
20.2 3.8 per cent from the first full pay period on or after 1 March 2025 (13 March
2025); and
20.3 3.4 per cent from the first full pay period on or after 1 March 2026 (the 12 March
2026).
21 In recognition of a common alignment date of the first full pay period on or after 1 March
each year, the payments in Attachment A – Base salaries were calculated based on base
salary rates as at 31 August 2023.
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:
Fortnightly salary =
𝐴𝑛𝑛𝑢𝑎𝑙 𝑠𝑎𝑙𝑎𝑟𝑦 𝑥 12
313
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 Australian National Audit
Office, the employee’s salary will be paid at the minimum of the salary range of the
relevant classification, unless the Auditor-General determines a higher salary within the
relevant salary range under these salary setting clauses.
24 The Auditor-General 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.
14
25 In determining a salary under these provisions, the Auditor-General 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 Australian National Audit
Office immediately following a period of non-ongoing employment in the Australian
National Audit Office for a specified term or task, the Auditor-General 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 Australian
National Audit Office.
27 Where an employee commences ongoing employment in the agency immediately
following a period of casual employment in the Australian National Audit Office, the
Auditor-General will determine the payment of salary within the relevant salary range of
the relevant classification which recognises the employee’s prior service as a casual
employee in the Australian National Audit Office.
28 Where an APS employee moves to the Australian National Audit Office at level from
another APS agency, and their salary is above the maximum of the salary range for their
classification, the Auditor-General will maintain the employee’s salary at that level, until it
is absorbed into the salary range for that classification.
29 Where the Auditor-General determines that an employee’s salary has been incorrectly
set, the Auditor-General may determine the correct salary and the date of effect.
Salary packaging
30 Employees have the option to access benefits on a salary sacrifice basis, where there is no
additional cost to the Australian National Audit Office.
31 Where employees take up the option of salary packaging on a ‘salary sacrifice’ basis, the
employee’s salary for purposes of superannuation, severance and termination payments
and any other purposes, will be determined as if the salary sacrifice arrangement had not
been entered into.
Incremental advancement
32 In order to be eligible for salary advancement an employee must:
32.1 be employed by the ANAO at the end of the performance and career
development cycle.
15
32.2 have completed 6 months of aggregate service at or above level in the Australian
National Audit Office at the end of the performance and career development
cycle (31 October).
32.2.1 Eligible service for salary progression will include:
32.2.1.1 periods of paid leave and unpaid parental leave;
32.2.1.2 periods of unpaid leave that count as service; and
32.2.1.3 service while employed on a non-ongoing basis.
32.3 have a performance agreement in place.
32.4 have received a performance rating during the performance and career
development cycle which is indicative that the employee is meeting expectations.
33 During a period of unpaid parental leave employees will be eligible to advance a
maximum of one increment, regardless of the length of unpaid parental leave.
34 Employees who are acting at a higher classification and satisfy the eligibility criteria set
out in section 32, will be eligible for salary progression at both their substantive and
acting classifications.
35 Salary progression while acting at a higher classification, will be retained for future acting
periods at, or promotion to, that classification regardless of elapsed time.
36 Casual employees will not be eligible for incremental advancement.
37 For executive level employees above the 5th pay point (EL 2) or 3rd pay point (EL 1),
movement to a higher pay point (in to the “remuneration zone”) is subject to the
approval of the Auditor-General.
Superannuation
38 The Australian National Audit Office will make compulsory employer contributions as
required by the applicable legislation and fund requirements.
39 Employer superannuation contributions will be paid on behalf of employees during
periods of paid leave that count as service.
40 The Australian National Audit Office 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 Australian National Audit
Office’s payroll system.
16
Method for calculating superannuation salary
41 The Australian National Audit Office 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.
42 Employer contributions will be made for all employees covered by this agreement.
43 Employer contributions will not be reduced by any other contributions made through
salary sacrifice arrangements.
Payment during unpaid parental leave
44 Employer contributions will be paid on periods of unpaid parental leave in accordance
with the requirements of the PSSap fund where the employee is a member of the PSSap,
and up to a maximum of 52 weeks where the employee is a member of an accumulation
fund other than PSSap.
Overpayments
45 An overpayment occurs if the Auditor-General (or the Australian National Audit Office)
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).
46 Where the Auditor-General considers that an overpayment has occurred, the Auditor-
General will provide the employee with notice in writing. The notice will provide details of
the overpayment.
47 If an employee disagrees that there has been an overpayment including the amount of
the overpayment, they will advise the Auditor-General 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.
48 If after considering the employee’s response (if any), the Agency Head confirms that an
overpayment has occurred, the overpayment will be treated as a debt to the
Commonwealth that must be repaid to the agency in full by the employee.
49 The Auditor-General 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.
17
50 The Australian National Audit Office and employee may agree to make a deduction from
final monies where there is an outstanding payment upon cessation of employment.
51 Interest will not be charged on overpayments.
52 Nothing in clauses 45 to 51 prevents:
52.1 the Australian National Audit Office from pursuing recovery of the debt in
accordance with an Accountable Authority Instruction issued under the Public
Governance, Performance and Accountability Act 2013;
52.2 the Australian National Audit Office from pursuing recovery of the debt through
other available legal avenues; or
52.3 the employee or the Australian National Audit Office from seeking approval to
waive the debt under the Public Governance, Performance and Accountability Act
2013.
18
Section 3: Allowances and reimbursements
Higher duties allowance
53 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.
54 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 Auditor-General.
55 Where an employee is found to be eligible for salary progression at their acting
classification level they will receive an appropriate increase in the rate of higher duties
allowance. The employee’s salary level will be retained for all future periods of acting
regardless of elapsed time.
56 Where an employee is assigned only part of the higher duties, the Auditor-General will
determine the amount of allowance payable.
57 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.
58 The Auditor-General may shorten the qualifying period for higher duties allowance on a
case-by-case basis.
Allowances
59 During the course of this agreement, the Auditor-General may review the allowances
and/or provide guidance to employees and supervisors.
Motor vehicle allowance
60 The Auditor-General may authorise, where the employee is agreeable, an employee to
use a private vehicle, owned, hired or novated by the employee at their expense, for
official purposes, where the Auditor-General considers that it will result in greater
efficiency or involve less expense for the Australian National Audit Office. The allowance
payable will not exceed the amount that would have been payable to transport the
employee by the most efficient means. Such authorised employees will receive a Motor
Vehicle Allowance in accordance with the rates set by the current determination issued
19
by the Commissioner of Taxation under subsection 28.25(4) of the Income Tax
Assessment Act 1997.
Restriction allowance
61 Where an employee is required by the Auditor-General to be contactable and available to
respond to office security and maintenance matters outside the hours of work in section
95, the employee, other than Executive Level employees or equivalent, will be eligible for
payment of a restriction allowance of $108.07 per fortnight.
62 If required to attend Australian National Audit Office premises as a result of this
restriction provision, employees are eligible for payment of an allowance at the rate of
two hours at double time, inclusive of travelling time, as per section 124, with a maximum
payment of 5 hours double time in any 24-hour period.
Parking fees
63 Reimbursement of parking fees will be available to employees where they are required to
attend audited entities’ premises on official Australian National Audit Office business in
accordance with the Australian National Audit Office Financial Management Procedures.
Workplace responsibility allowances
64 A workplace responsibility allowance will be paid where an employee is appointed by the
Auditor-General; or elected by eligible peers to one of the following roles:
64.1 First Aid Officer;
64.2 Health and Safety Representative;
64.3 Fire Warden;
64.4 Harassment Contact Officer (previously known as Diversity Contact Officer); and
64.5 Mental Health First Aid Officer
65 An employee will not receive more than one workplace responsibility allowance unless
approved by the Auditor-General due to operational requirements.
66 The rate for these roles will be:
Table 1: Workplace responsibility allowance rates
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
20
67 As a salary-related allowance, this value will continue to be increased in line with base
salary increases. These increases are incorporated in the rates in the table above.
68 The full allowance is payable regardless of flexible work and part-time arrangements.
69 An employee’s physical availability to undertake the role will be considered by the
Auditor-General when appointing and reappointing employees to these roles. This is
noting that not all workplace responsibility roles will necessarily require a physical
presence in the workplace for the role to be successfully undertaken, such as Harassment
Contact Officers, Mental First Aid Officers and Health and Safety Representatives
depending on work group arrangements.
70 Casual employees who are eligible to receive a workplace responsibility allowance will be
paid the full amount (noting the minimum rate), as varied from time to time provided
they engage in work during any given pay cycle, irrespective of the frequency and
duration of the work undertaken.
Community language allowance
71 A community language allowance will be paid where the Auditor-General 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
Auditor-General. Further information is included in policy.
72 The allowance is paid in accordance with the employee’s level of competency:
Table 2: 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
Auditor-General, for simple
communication.
$1,435
per annum
$1,490
per annum
$1,541
per annum
21
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 Auditor-General.
$2,870
per annum
$2,979
per annum
$3,080
per annum
73 The allowance is calculated annually and paid fortnightly.
74 The full allowance is payable regardless of flexible work and part-time arrangements.
75 The allowance is payable during periods of paid leave.
76 The allowance counts as salary for superannuation purposes and for calculating
retirement and redundancy entitlements.
22
Section 4: Classifications and broadbands
Graduates
77 The following pay arrangements will apply to employees engaged in the Australian
National Audit Office Graduate program:
77.1 commencing salaries for new graduates will be set at the minimum of the APS 3
operational classification pay point (unless otherwise agreed by the Auditor-
General); and
77.2 on successful completion of the graduate program the employee will be
advanced through the graduate broadband to the APS 4 classification in the
Australian National Audit Office classification structure, subject to meeting any
advancement requirements set by the Auditor-General.
Work Level Standards
78 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.
Broadbanded Classification Structure
79 The Australian National Audit Office broadbanded classification structure is at
Attachment A – Base Salaries. The Australian National Audit Office broadband
arrangements, including progression criteria, are set out in policy.
80 The Australian National Audit Office broadbanded classification structure has three
broadbands, the graduate broadband for APS 3 to APS 4 classifications, Broadband 1 for
APS 1 to APS 3 classifications and Broadband 2 for APS 4 to APS 5 classifications.
23
Section 5: Working hours and arrangements
Job security
Commitment to ongoing employment and rebuilding APS capacity
81 The APS is a career-based public service. In its engagement decisions, the Australian
National Audit Office recognises that the usual basis for engagement is as an ongoing APS
employee.
Reporting
82 Where a consultative committee is in place, the Australian National Audit Office will
report to the Australian National Audit Office consultative committee on an annual basis,
or more frequently if agreed, on the number, duration, classification and location of
ongoing, non-ongoing and casual employees engaged by the Australian National Audit
Office.
Pathways to permanency
83 The Australian National Audit Office and the APS will comply with the casual conversion
provision(s) of the FW Act. In addition, the Australian National Audit Office 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
84 A casual (irregular or intermittent) employee is defined in the definitions section.
85 A decision to expand the use of casual employees is subject to sections 340 to 361 of this
agreement.
86 The Australian National Audit Office will regularly review the working arrangements of
casual employees to assess if they are genuinely performing irregular or intermittent
duties, and report de-identified outcomes to the consultative committee, where one is in
place.
87 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.
24
88 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.
89 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.
90 A casual employee who is eligible for a Workplace Responsibility Allowance will be paid
the full amount.
Non-ongoing employment
91 A non-ongoing employee is defined in the definitions section.
92 Non-ongoing employees will generally have the same terms and conditions of
employment as ongoing employees under this agreement’s terms, except:
92.1 personal/carer’s leave accrual at clause 190; and
92.2 redundancy provisions at clauses 389 to 420, subject to clause 93.
93 If the non-ongoing employee’s contract is not permitted by section 333E of the FW Act,
then the redundancy provisions at sections 389 to 420 will apply.
94 If the redundancy provisions apply to an employee under clause 93, the agency must
adhere to the consultation requirements in sections 340 to 361 and sections 390 to 393.
Working hours
95 The ordinary hours of work for full-time employees are 7.5 hours per day or 37.5 hours
per week.
96 For the purposes of recording leave absences and attendance, 7.5 hours is the standard
day applying to full-time employees from the date of commencement of this agreement.
97 For part-time employees, hours of work are those as agreed in their part-time work
arrangements agreement.
98 Unless otherwise agreed under section 152, the standard span of hours during which an
employee may work ordinary hours are 7:30am to 7:30pm, Monday to Friday.
99 The pattern by which employees will perform the hours of work specified in section 95 is
a matter for agreement between the Auditor-General and the employee, taking into
25
account operational requirements of the Australian National Audit Office. However, an
employee will not be required to work more than:
99.1 ten hours ordinary time on any one day; or
99.2 more than five consecutive hours without a meal break of at least 30 minutes.
Time recording
100 All Australian National Audit Office employees will record the hours worked and details of
the work they have undertaken on individual tasks on the designated Australian National
Audit Office time recording system.
Flex for APS 1-6 classifications
101 Flextime is a formal system of flexible working hours arrangements which enables
employees and the Auditor-General to vary working hours, patterns and arrangements.
102 The accumulation of hours and the taking of these hours as flex leave under the flextime
scheme, is only available to employees at the APS 1 to APS 6 classification.
103 Employees may accumulate a maximum of 37.5 hours flex credit at the end of their
settlement period. This limitation does not apply during periods of peak workload, subject
to Auditor-General approval.
104 For the flextime arrangements to work effectively, the Auditor-General has a
responsibility to manage the hours of work of their employees. This is to ensure that
employees are productively employed and are not accumulating excessive flex credits
without the opportunity to reasonably access flex leave.
Excess flex debit
105 Eligible employees may carry over a maximum of 10 hours flex debit accumulated in any
settlement period into the next settlement period.
106 In circumstances where the maximum debit is exceeded at the end of a settlement
period, the employee will endeavour to reduce the debit to the maximum allowable over
the next settlement period.
107 Should this not occur, the excess amount shall be treated as leave without pay and an
appropriate deduction made from the employee’s salary or annual leave may be
substituted.
26
Local working patterns
108 Other issues that the Auditor-General and employees may reach agreement on include:
108.1 the maximum period of flex leave which may be taken in a settlement period;
108.2 the period of core time, if any, that is to apply to the employee; and
108.3 any other relevant issues for the employee, including flextime carryover credits.
Executive Level Time Off in Lieu (EL TOIL)
109 Executive level (EL) employees are sometimes required to work reasonable additional
hours. Consistent with the NES, employees may refuse to work unreasonable additional
hours.
110 EL employees seeking to access time off in lieu (TOIL) are required to keep records of
their working hours using the method determined by the Australian National Audit Office.
111 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.
112 The working arrangements for an EL employee should be agreed through discussion
between the manager and the EL employee. The discussion should include consideration
of the work requirements that will safely get the job done and reasonably allow the
employee to balance their work and personal life.
113 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.
114 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.
115 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.
Overtime and restriction
116 Payment of overtime is to compensate those eligible employees who are requested to
undertake additional work for the organisation over and above their ordinary daily hours
(7.5 hours). Where necessitated by operation requirements, an employee may be
required to work on weekends or public holidays.
117 Employees at or below the APS 6 classification are eligible for payment of overtime.
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118 Overtime shall only be worked with the prior approval of the Auditor-General. If
circumstances do not permit prior approval, approval must be sought as soon as possible
after the completion of the overtime.
119 Overtime allowance, subject to approval, is payable for work performed on a:
119.1 Monday to Friday beyond the daily hours of ordinary duty, normally 7.5 hours, or
longer if agreed via a flexible working arrangement; and
119.2 Saturday, Sunday or Public Holiday.
120 Meal allowances are not payable during periods of overtime.
121 Payment for overtime will be calculated on the employee’s actual salary, and to the
nearest quarter hour with a minimum payment of 3 hours for all occasions.
122 Employees should not work more than 5 consecutive hours without at least a 30 minute
rest break.
Rate of payment
123 Payment of overtime will be at time and a half for work performed Monday to Friday and
Public Holidays in accordance with section 115 of the FW Act, and double time for work
performed on a Saturday or Sunday.
124 The formula for payment of overtime for full-time employees is:
124.1 Time and a half rate
𝐴𝑛𝑛𝑢𝑎𝑙 𝑠𝑎𝑙𝑎𝑟𝑦
313
×
6
37.5 𝑤𝑒𝑒𝑘𝑙𝑦 ℎ𝑜𝑢𝑟𝑠
×
3
2
124.2 Double time rate
𝐴𝑛𝑛𝑢𝑎𝑙 𝑠𝑎𝑙𝑎𝑟𝑦
313
×
6
37.5 𝑤𝑒𝑒𝑘𝑙𝑦 ℎ𝑜𝑢𝑟𝑠
×
2
1
Flexible working arrangements
125 The Australian National Audit Office, employees and their union recognise:
125.1 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;
125.2 access to flexible work can support strategies to improve diversity in employment
and leadership in the APS;
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125.3 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;
125.4 that flexibility applies to all roles in the Australian National Audit Office and
different types of flexible working arrangements may be suitable for different
types of roles or circumstances; and
125.5 requests for flexible working arrangements are to be considered on a case-by-
case basis, with a bias towards approving requests.
126 The Australian National Audit Office is committed to engaging with employees and their
union to build a culture that supports flexible working arrangements across the Australian
National Audit Office at all levels. This may include developing and implementing
strategies through an Australian National Audit Office consultative committee.
127 Flexible working arrangements include, but are not limited to, changes in hours of work,
changes in patterns of work and changes in location of work.
Requesting formal flexible working arrangements
128 The following provisions do not diminish an employee’s entitlement under the NES.
129 An employee may make a request for a formal flexible working arrangement.
130 The request must:
130.1 be in writing;
130.2 set out details of the change sought (including the type of arrangement sought
and the proposed period the arrangement will operate for); and
130.3 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.
131 The Auditor-General must provide a written response to a request within 21 days of
receiving the request.
132 The response must:
132.1 state that the Auditor-General approves the request and provide the relevant
detail in clause 133; or
132.2 if following discussion between the Australian National Audit Office and the
employee, the agency 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
29
132.3 state that the Auditor-General refuses the request and include the following
matters:
132.3.1 details of the reasons for the refusal; and
132.3.2 set out the Australian National Audit Office particular business grounds
for refusing the request, explain how those grounds apply to the request;
and
132.3.3 either:
132.3.3.1 set out the changes (other than the requested change) the
employee’s working arrangements that would
accommodate, to any extent, the employee’s
circumstances outlined in the request and that the agency
would be willing to make; or
132.3.3.2 state that there are no such changes; and
132.3.4 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 enterprise 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.
133 Where the Auditor-General approves the request, this will form an arrangement between
the agency and the employee. Each arrangement must be in writing and set out:
133.1 any security and work health and safety requirements;
133.2 a review date (subject to clause 137); and
133.3 the cost of establishment (if any).
134 The Auditor-General may refuse to approve the request only if:
134.1 the Australian National Audit Office has discussed the request with the employee;
and
134.2 the Australian National Audit Office has genuinely tried to reach an agreement
with the employee about making changes to the employee’s working
arrangements to accommodate the employee’s circumstances (subject to any
reasonable business grounds for refusal); and
134.3 the Australian National Audit Office and the employee have not reached such an
agreement; and
30
134.4 the Australian National Audit Office has had regard to the consequences of the
refusal for the employee; and
134.5 the refusal is on reasonable business grounds.
135 Reasonable business grounds include, but are not limited to:
135.1 the new working arrangements requested would be too costly for the Australian
National Audit Office;
135.2 there is no capacity to change the working arrangements of other employees to
accommodate the new working arrangements requested;
135.3 it would be impractical to change the working arrangements of other employees,
or to recruit new employees, to accommodate the new working arrangements
requested;
135.4 the new working arrangements requested would be likely to result in a significant
loss in efficiency or productivity;
135.5 the new working arrangements requested would be likely to have a significant
negative impact on customer service; and
135.6 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.
136 For First Nations employees, the Australian National Audit Office must consider
connection to country and cultural obligations in responding to requests for altering the
location of work.
137 Approved flexible working arrangements will be reviewed by the Australian National
Audit Office 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
138 An employee may request to vary an approved flexible working arrangement in
accordance with clause 130. An employee may request to pause or terminate an
approved flexible working arrangement.
139 The Auditor-General may vary, pause or terminate an approved flexible working
arrangement on reasonable business grounds, subject to clause 142.
140 The agency 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
31
operational circumstances or an employee’s demonstrated and repeated failure to
comply with the agreed arrangements.
141 Prior to the Auditor-General varying, pausing or terminating the arrangement under
clause 140, the Australian National Audit Office must have:
141.1 discussed with the employee their intention to vary, pause or terminate the
arrangement with the employee;
141.2 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);
141.3 had regard to the consequences of the variation, pause or termination for the
employee;
141.4 ensured the variation, pause or termination is on reasonable business grounds;
and
141.5 informed the employee in writing of the variation, pause or termination to the
approved flexible working arrangement, including details set out in clause 132.3.
Working from home
142 The Australian National Audit Office 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.
143 The Australian National Audit Office may provide equipment for, or reimbursement for all
or part of the costs associated with, establishing a working from home arrangement.
144 An employee working from home is covered by the same employment conditions as an
employee working at an office site under this agreement.
145 The Australian National Audit Office will provide employees with guidance on working
from home safely.
146 Employees will not be required by the Australian National Audit Office 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 Australian National Audit Office will consider the circumstances of the employees and
options to achieve work outcomes safely.
32
Ad-hoc arrangements
147 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.
148 Employees should, where practicable, make the request in writing and provide as much
notice as possible.
149 Requests for ad-hoc arrangements are not subject to the request and approval processes
detailed in clauses 128 to 137.
150 The Australian National Audit Office 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.
151 Where a regular pattern of requests for ad-hoc arrangements from an employee
emerges, the Australian National Audit Office should consider whether it is appropriate to
seek to formalise the arrangement with the employee.
Altering span of hours
152 An employee may request to work an alternative regular span of hours (bandwidth
hours). If approved by the Auditor-General, hours worked on this basis will be treated as
regular working hours and will not attract overtime payments. The Australian National
Audit Office will not request or require that any employee alter their regular span of
hours (bandwidth hours) under these provisions.
Part-time work
153 Employees engaged on a full-time basis will not be compelled to convert to part-time
employment.
154 Employees engaged on a part-time basis will not be compelled to convert to full-time
employment.
Christmas closedown
155 The Australian National Audit Office will be closed for normal business purposes from 25
December until the first working day following 1 January each year. Employees will be
stood down on pay without deduction from leave credits.
33
156 An employee who is required to work during the Christmas close-down period will be
permitted to take 3 days as paid leave at another time as agreed between the employee
and the Auditor-General.
Public holidays
157 Employees are entitled to the following holidays each year as observed at their normal
work location in accordance with the FW Act:
157.1 1 January (New Year’s Day);
157.2 26 January (Australia Day);
157.3 Good Friday and the following Monday;
157.4 25 April (Anzac Day);
157.5 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);
157.6 25 December (Christmas Day);
157.7 26 December (Boxing Day); and
157.8 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.
158 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.
159 The Auditor-General 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.
160 The Auditor-General 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.
161 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.
34
162 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.)
163 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 157.1 to 157.8.
164 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.
165 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 Auditor-
General 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.
35
Section 6: Leave
Annual leave
166 All employees (other than casual employees) are entitled to 4 weeks (20 days) paid
annual leave per year of service, with part-time employees eligible on a pro-rata basis.
167 Annual leave will accrue daily, according to the employee’s ordinary hours of work. Leave
is credited on a fortnightly basis. Subject to organisational requirements and approval by
the Auditor-General, leave is available for use as it accrues.
168 Annual leave may be taken for:
168.1 recreation or private purposes; and
168.2 personal / caring purposes, where an employee has exhausted all their personal /
carer’s leave credits.
169 Employees will receive payment in lieu of any untaken annual leave upon separation from
the APS.
170 Employees who have insufficient leave credits may, subject to approval by the Auditor-
General, anticipate one week of leave to cover emergency situations and when
employees have exhausted their personal leave.
171 Employees on worker’s compensation leave for more than 45 weeks per claim will have
their annual leave credits reduced in accordance with section 211. Employees on an
approved graduated return to work program will accrue annual leave hours on the basis
of hours actually worked.
172 Where annual leave is cancelled by the Auditor-General or the employee is recalled to
duty, the employee will be reimbursed travel costs not recoverable from insurance or
other sources. Evidence of costs may be required.
Accessing annual leave at half pay
173 Annual leave may be taken at half pay, with a minimum debit of one-half day credit at any
one time, giving an absence of one day on half pay.
174 Approval to take half pay annual leave is subject to the proposal meeting operational
requirements.
175 Unless approved by the Auditor-General, annual leave may not be taken at half pay
where an employee has an excessive leave balance.
36
176 Combinations of full and half pay absences are allowable.
177 Leave taken on half pay will count for service for all purposes.
Public holiday during annual leave
178 Where a public holiday as defined in section 158 occurs during any period of annual leave,
the period of the public holiday will not be deducted from the employee’s annual leave
credit.
Excessive annual leave
179 An employee, whether full or part-time, can be directed to take leave from 1 February
each year for a maximum period of fifteen days in circumstances where they have
accumulated more than two years annual leave in order to reduce their annual leave
credit to the amount accrued in the previous two-year period.
180 The Auditor-General may, in exceptional circumstances and with the employee’s consent,
defer or substitute another date for the direction to be on annual leave or the amount of
annual leave that may be accumulated beyond the two years entitlement.
Cash out of annual leave
181 Employees may make a written request to cash-out up to three weeks annual leave credit
each calendar year, with a minimum cash-out of one week’s leave. Each agreement to
cash out a particular amount of paid annual leave must be in writing. This is subject to the
cash-out not resulting in the remaining accrued leave entitlement being less than four
weeks. The payment in lieu will be based on the employee’s periodic rate of pay at the
time the request is made.
Purchased leave
182 An ongoing employee may, with the approval of the Auditor-General, purchase up to an
additional 5 weeks of leave. Salary payments will be averaged over the whole year to
ensure that a standard rate is received each fortnight.
183 Purchased leave will count as service for all purposes.
184 When an employee ceases employment with the Australian National Audit Office, the
purchased leave credits and unused payments will be reconciled and payments recovered
or refunded as appropriate.
185 Unused purchased leave credits are not transferrable between agencies.
37
Personal/carer’s leave
186 All employees (other than casual employees) are entitled to 18 days paid personal/carer’s
leave per year of service, with part-time employees eligible on a pro-rata basis.
187 Leave at half pay may be approved by the Auditor-General.
188 An employee will not, without their consent, be retired on invalidity grounds before their
personal leave and/or annual leave credits are exhausted, unless provided by legislation.
Accrual
189 For an ongoing employee, the employee’s full annual entitlement of personal/carer’s
leave will be credited upon the employee’s commencement with the APS. After 12
months, the employee’s leave will accrue daily, credited on a fortnightly basis.
190 For a non-ongoing employee, the personal/carer’s leave will be credited upon the
employee’s commencement with the Australian National Audit Office. This will be 18 days
leave pro-rated based on the employee’s initial contract period or part-time working
arrangement and is capped at 18 days. After the initial contract period or 12 months,
whichever is shorter, or where the employee has an existing entitlement to
personal/carer’s leave, leave will accrue daily, credited on a fortnightly basis.
191 A casual employee may be absent without pay when not fit for work due to personal
illness or injury. A casual employee may access 2 days unpaid carer’s leave per occasion,
consistent with the National Employment Standards.
192 An employee in receipt of worker’s compensation payment for accumulated periods
exceeding 45 weeks per claim will accrue personal/carer’s leave on the basis of hours
actually worked.
193 The Auditor-General may allow an employee who has worked in the APS for at least 3
years, to anticipate up to 10 days full pay personal leave where all other paid leave credits
(excluding long service leave) are exhausted.
Usage
194 Personal/carer’s leave may be used:
194.1 due to a personal illness or injury;
194.2 to attend appointments with a registered health practitioner;
194.3 to manage a chronic condition; and/or
38
194.4 to provide care or support for a family member (including a household member)
or a person they have caring responsibilities; because of:
194.4.1 a personal illness or injury affecting the person; or
194.4.2 an unexpected emergency affecting the other person.
Carers
195 A person that an employee has caring responsibilities for may include a person who needs
care because they:
195.1 have a medical condition, including when they are in hospital;
195.2 have a mental illness;
195.3 have a disability;
195.4 are frail or aged; and/or
195.5 are a child, not limited to a child of the employee.
Evidence
196 Evidence to support personal/carer’s leave may be requested after:
196.1 more than 4 consecutive days; and/or
196.2 more than 8 days without evidence in a calendar year.
197 Acceptable evidence includes:
197.1 a certificate from a registered health practitioner;
197.2 a statutory declaration; and/or
197.3 another form of evidence approved by the Auditor-General.
198 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.
Portability of leave
199 Where an employee moves into the Australian National Audit Office 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.
200 Where an employee is engaged in the Australian National Audit Office immediately
following a period of ongoing employment in the Parliamentary Service or the ACT
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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.
201 Where an employee is engaged as an ongoing employee in the Australian National Audit
Office and immediately prior to the engagement the person was employed as a non-
ongoing APS employee (whether in the agency or another), at the employee’s request,
any unused accrued annual leave (excluding accrued leave paid out on separation) and
personal/carer’s leave will be recognised.
202 Where an employee is engaged as a non-ongoing APS employee, and immediately prior to
the engagement the person was employed as a non-ongoing APS employee (whether in
the agency or another) at the employee’s request, any unused accrued annual leave
(excluding accrued leave paid out on termination of employment) and personal/carer’s
leave will be recognised.
203 Where an employee is engaged as an ongoing employee in the Australian National Audit
Office, 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 200), the Auditor-General will recognise any unused accrued personal/carer’s leave
at the employee’s request. The Auditor-General will advise the employee of their ability
to make this request.
204 Where an employee is engaged as an ongoing employee in the Australian National Audit
Office, and immediately prior to the engagement the person was employed by a State or
Territory Government, the Auditor-General may recognise any unused accrued
personal/carer’s leave, provided there is not a break in continuity of service.
205 For the purposes of clauses 199 to 204, an employee with a break in service of less than 2
months is considered to have continuity of service.
Leave without pay
206 Leave without pay may be granted by the Auditor-General for a purpose that is
considered to be in the interests of the Australian National Audit Office and/or the
Commonwealth.
207 Leave may be granted for the period requested or for another period and may be subject
to conditions.
208 Where leave is refused, the employee will be advised in writing of the reason for the
decision.
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209 Any continuous period of leave without pay greater than 30 calendar days will not count
as service for annual leave and personal/carer’s leave accrual purposes.
Re-crediting of leave
210 When an employee is on:
210.1 annual leave;
210.2 purchased leave;
210.3 defence reservist leave;
210.4 First Nations ceremonial leave;
210.5 NAIDOC leave;
210.6 cultural leave; or
210.7 long service leave; and
becomes eligible for, under legislation or this agreement:
210.8 personal/carer’s leave;
210.9 compassionate or bereavement leave;
210.10 jury duty;
210.11 emergency services leave;
210.12 leave to attend to family and domestic violence circumstances; or
210.13 parental leave, premature birth leave, stillbirth leave or pregnancy loss leave;
the affected period of leave will be re-credited.
211 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.
212 Re-crediting is subject to appropriate evidence of eligibility for the substituted leave.
Long service leave
213 An employee is eligible for long service leave in accordance with the Long Service Leave
(Commonwealth Employees) Act 1976.
214 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
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periods of leave, except as otherwise provided by legislation or provided for in the re-
crediting of leave clause at 210 of this agreement.
Miscellaneous leave
215 Miscellaneous leave with pay may be granted by the Auditor-General for a purpose that is
considered to be in the interests of the Australian National Audit Office and/or the
Commonwealth.
216 Leave may be granted for the period requested or for another period and may be subject
to conditions.
217 Where leave is refused, the employee will be advised in writing of the reason for the
decision.
218 Miscellaneous leave may be granted to casual employees for the purpose of family and
domestic violence leave and to accommodate other Government directives.
Cultural, ceremonial and NAIDOC leave
NAIDOC leave
219 First Nations employees may access up to one day of paid leave per calendar year, to
participate in NAIDOC week activities.
220 NAIDOC leave can be taken in part days.
First Nations ceremonial leave
221 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.
222 The Auditor-General may approve additional leave for cultural or ceremonial purposes as
miscellaneous leave, with or without pay.
223 First Nations ceremonial Leave can be taken as part days.
224 First Nations ceremonial leave is in addition to compassionate and bereavement leave.
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Cultural leave
225 The Auditor-General 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.
226 The Auditor-General may approve additional leave for cultural purposes as miscellaneous
leave, with or without pay.
227 Cultural leave can be taken as part days.
228 For the avoidance of doubt, this leave does not cover cultural purposes or obligations
which are eligible for paid leave under clause 221.
Parental leave
229 A primary caregiver, secondary caregiver and ML Act is defined in the definitions section.
230 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.
231 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.
232 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
233 An employee is entitled to parental leave with pay as per clauses 235 and 236 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
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entitlements in accordance with usage and eligibility requirements in this agreement
during the parental leave period that would otherwise be without pay.
234 Employees newly engaged in the agency or who have moved to Australian National Audit
Office from another APS agency are eligible for the paid parental leave in clauses 235 and
236 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 235 and 236, the balance is available to
the employee.
235 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 3 below.
Table 3: 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
236 An employee who is a secondary caregiver is entitled to parental leave with pay during
the parental leave period as provided in Table 4 below.
Table 4: 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
237 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
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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.
238 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.
239 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
240 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:
240.1 is under 16 as at the day (or expected day) of placement;
240.2 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
240.3 is not (otherwise than because of the adoption) a child of the employee or the
employee’s spouse or de facto partner.
241 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.
Stillbirth
242 Parents of a stillborn child remain eligible for parental leave, except for paid leave for the
secondary caregiver which is two weeks.
243 A stillborn child is a child:
243.1 who weighs at least 400 grams at delivery or whose period of gestation was 20
weeks or more; and
243.2 who has not breathed since delivery; and
243.3 whose heart has not beaten since delivery.
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Pregnancy loss leave
244 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.
245 Pregnancy loss leave is in addition to entitlements to compassionate leave for miscarriage
provided under the FW Act and this agreement.
Premature birth leave
246 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
247 Employees eligible for paid leave under the ML Act are required under legislation to use
their paid maternity leave first. In this circumstance, the employee may postpone their
paid premature birth leave otherwise payable under section 246 until after the legislated
paid maternity leave is used.
Compassionate leave
248 Employees will be eligible for 3 days paid compassionate leave on each occasion when:
248.1 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
248.2 the employee or their partner has a miscarriage.
249 An employee may be asked to provide evidence to support their absences on
compassionate leave.
250 Compassionate leave for an occasion may be taken as 3 consecutive days or in separate
periods totalling 3 days. This can include part days.
251 For casual employees, compassionate leave is unpaid.
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Bereavement leave
252 Employees will be eligible for 3 days paid bereavement leave on each occasion when:
252.1 a member of their family (including a member of their household) or someone
they had a close personal relationship with dies; or
252.2 a child is stillborn, where the child was a member of their family (including a
member of their household).
253 An employee may be asked to provide evidence to support their absences on
bereavement leave.
254 Bereavement leave for an occasion may be taken as 3 consecutive days or in separate
periods totalling 3 days. This can include part days.
255 For casual employees, bereavement leave is unpaid.
Emergency response leave
256 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:
256.1 the time engaged in the activity;
256.2 reasonable travelling time; and
256.3 reasonable recovery time.
257 Full-time and part-time employees will be able to access 20 working days of paid
emergency response leave at their full rate of pay per year if required. The Auditor-
General may provide additional emergency response leave with pay.
257.1 For the purposes of this clause, full pay rate of pay is to be as if the employee was
at work.
258 Paid leave may be refused where the employee’s role is essential to the Australian
National Audit Office’s response to the emergency.
259 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.
260 The Auditor-General may approve reasonable paid or unpaid leave for ceremonial duties
and training.
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261 Emergency response leave, with or without pay, will count as service.
Jury duty
262 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.
263 Full and part-time employees will be released from duty on their full rate of pay. Payment
for casuals will be as per the relevant state legislation.
263.1 For the purposes of this clause, full rate of pay is to be as if the employee was at
work.
264 The employee is required to inform their manager before they are released from duty and
provide evidence of the need to attend.
265 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 Australian National Audit Office for the period of absence. This will be
administered in accordance with the overpayments clause.
Defence reservist leave
266 The Auditor-General will give an employee leave with or without pay to undertake:
266.1 Australian Defence Force (ADF) Reserve and continuous full-time service (CFTS);
and
266.2 Australian Defence Force Cadet obligations.
267 An employee who is a Defence Reservist can take leave with pay for:
267.1 up to 4 weeks (20 days) in each financial year (pro-rata for part-time employees);
and
267.2 an extra 2 weeks (10 days) in the first year of ADF Reserve service (pro-rata for
part-time employees).
268 Leave can be built up and taken over 2 consecutive years. This includes the extra 2 weeks
in the first year of service.
269 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:
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269.1 Australian Navy Cadets;
269.2 Australian Army Cadets; and
269.3 Australian Air Force Cadets.
270 In addition to the entitlement at clause 267, 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.
271 Paid defence reservist leave counts for service.
272 Unpaid defence reservist leave for 6 months or less counts as service for all purposes. This
includes periods of CFTS.
273 Unpaid leave taken over 6 months counts as service, except for annual leave.
274 An employee will not need to pay their tax free ADF Reserve salary to their agency for any
reason.
Defence service sick leave
275 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:
275.1 warlike service; or
275.2 non-warlike service.
276 An eligible employee can get 2 types of credits:
276.1 an initial credit of 9 weeks (45 days) defence service sick leave will apply as of the
later below option:
276.1.1 they start employment with the APS; or
276.1.2 DVA certifies the condition; and
276.2 an annual credit of 3 weeks (15 days) defence service sick leave.
277 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.
278 Unused annual credits can be built up to 9 weeks.
279 An employee cannot use annual credits until the initial credit is exhausted.
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280 Defence service sick leave is paid and counts as service for all purposes.
Leave to attend proceedings
281 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.
282 An employee who is not covered under clause 281, 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 Australian
National Audit Office.
283 An employee may otherwise be granted paid or unpaid miscellaneous leave by the
Auditor-General if required to give evidence to a Court, Tribunal or Royal Commission for
any other reason. Where approval for unpaid leave is given, the employee may elect to
use accrued annual leave, flex leave or time off in lieu.
284 The Auditor-General 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.
Absent from duty
285 Where an employee is absent from duty without proper approval, all pay and other
benefits under this agreement will cease to be available until they resume duty or
approved leave is granted.
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Section 7: Employee support and workplace
culture
Blood donation
286 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.
287 The employee must inform their manager in advance of when they will be away from
work before donating blood, plasma or platelets.
Vaccinations
288 The Australian National Audit Office will offer annual influenza vaccinations at no cost to
all employees.
289 Where the Australian National Audit Office requires an employee performing a role to be
vaccinated for a particular condition, this vaccination will be offered at no expense to the
employee.
Health assessment
290 The Australian National Audit Office will provide access to a voluntary annual health
assessment at no expense to employees.
Employee Assistance Program
291 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 expense to employees by the Australian
National Audit Office and will be accessible on paid time.
Respect at work
Principles
292 The Australian National Audit Office values a safe, respectful and inclusive workplace free
from physical and psychological harm, harassment, discrimination and bullying. The
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Australian National Audit Office recognises that preventing sexual harassment, sex
discrimination, sex-based harassment and victimisation in the workplace is a priority.
293 The Australian National Audit Office 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
294 The agency will consult with employees and their unions in developing, reviewing and
evaluating approaches to prevent sexual harassment, sex discrimination, sex-based
harassment and victimisation in the workplace.
Family and domestic violence support
295 The Australian National Audit Office will provide support for employees affected by family
and domestic violence, depending on the employee’s circumstances.
296 The Australian National Audit Office recognises that a holistic approach should be taken
to support the employee, appropriate for the employee’s individual circumstances.
297 Family and domestic violence support, including paid leave, are available to all employees
covered by this agreement.
298 An employee experiencing family and domestic violence is able to access paid
miscellaneous leave. Reasons an employee experiencing family and domestic violence
may access this leave include, but are not limited to:
298.1 illness or injury affecting the employee resulting from family and domestic
violence;
298.2 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;
298.3 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;
298.4 making arrangements for the employee’s safety, or the safety of a close relative;
298.5 accessing alternative accommodation;
298.6 accessing police services;
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298.7 attending court hearings;
298.8 attending counselling; and
298.9 attending appointments with medical, financial or legal professionals.
299 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.
300 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.
301 These family and domestic violence support clauses do not reduce an employee’s
entitlement to family and domestic violence leave under the NES.
302 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.
303 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.
304 Evidence may be requested to support the Australian National Audit Office in approving
leave. In most cases, this will not be required. Where it is required, this will be discussed
with the employee and a statutory declaration is the only form of evidence the Australian
National Audit Office will require, unless the employee chooses to provide another form
of evidence.
305 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, a district nurse, a
family violence support service, or a lawyer.
306 The Australian National Audit Office will take all reasonable measures to treat
information relating to family and domestic violence confidentially. The Australian
National Audit Office will adopt a ‘needs to know’ approach regarding communication of
an employee’s experience of family and domestic violence, subject to steps the Australian
National Audit Office may need to take to ensure the safety of the employee, other
employees or persons, or mandatory reporting requirements.
307 Where the Australian National Audit Office needs to disclose confidential information for
purposes identified in clause 306, where it is possible the Australian National Audit Office
will seek the employee’s consent and take practical steps to minimise any associated
safety risks for the employee and/or privacy breaches.
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308 The Australian National Audit Office 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.
309 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.
310 The Australian National Audit Office 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.
311 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
312 The Australian National Audit Office 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 Australian National Audit Office
decisions.
313 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.
314 Employees can, during their ordinary work hours, take time to:
314.1 access an APS-wide ethics advisory service or another similar service provided by
a professional association such as a law society or in the agency; and
314.2 attend Australian National Audit Office mandated training about integrity.
First Nations cultural competency training
315 The Auditor-General 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
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complete relevant First Nations cultural competency training within 12 months of the
commencement of the agreement.
316 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
317 Reasonable paid time during work hours will be provided for lactation breaks for
breastfeeding, expressing milk and other associated activities.
318 The Australian National Audit Office will provide access to appropriate facilities for the
purpose of breastfeeding or expressing milk, subject to clause 319. In considering
whether a space is appropriate, an agency should consider whether:
318.1 there is access to refrigeration;
318.2 the space is lockable; and
318.3 there are facilities needed for expressing, such as appropriate seating.
319 Where it is not practicable for an Australian National Audit Office site to have a
designated space, a flexible approach will be taken so that the employee can access the
support required.
320 The Australian National Audit Office will facilitate discussion between individual
employees and their managers about accommodating the employee’s lactation needs and
practical arrangements to meet these needs.
321 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.
322 Further information is available in policy.
Disaster support
323 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 Auditor-
General will consider flexible working arrangements to assist the employee to perform
their work.
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324 Where flexible working arrangements are not appropriate, the Auditor-General 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.
325 In considering what period of leave is appropriate, the Auditor-General will take into
account the safety of the employee, their family (including their household) and advice
from local, State and Commonwealth authorities.
Loss or damage to clothing and personal effects
326 The Auditor-General may authorise reasonable reimbursement to employees who, in the
normal course of their work, sustain specific loss or damage to clothing or personal
effects.
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Section 8: Performance and development
Performance management
327 All Australian National Audit Office employees, other than graduate recruits and casual
employees, who are employed in accordance with the agreement, are required to
participate in the Performance and Career Development Program.
Workloads
328 The Australian National Audit Office 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.
329 When determining workloads for an employee or group of employees, the Australian
National Audit Office will consider the need for employees to strike a balance between
their work and personal life.
330 Where an employee or group of employees raise that they have experienced significant
workload pressures over a prolonged period of time, the Australian National Audit Office
and employee/s must together review the employees’ workloads and priorities and
determine appropriate strategies to manage the impact on the employee or group of
employees.
Study assistance
331 Employees undertaking approved study may be reimbursed expenses.
Professional qualifications
332 Employees are eligible for an annual payment or reimbursement of professional fees.
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Section 9: Travel and location-based conditions
Travel
333 Employees undertaking work away from the office involving an overnight absence are
entitled to be compensated for any reasonable expenses fairly incurred while on official
travel. Employees undertaking international travel will use their Australian National Audit
Office issued corporate credit card to pay for all expenses fairly incurred during the travel
period.
334 Where an employee is required to travel interstate for official purposes which do not
involve an overnight absence, a part-day travel allowance is also payable in accordance
with the Australian National Audit Office Financial Management Procedures.
335 The employment conditions for an employee deployed overseas on an aid program
funded by the relevant agency (currently the Department of Foreign Affairs and Trade),
will be consistent with the prevailing whole of government overseas travel conditions.
Relocation assistance
336 Where an APS employee is required to relocate at the request of the Australian National
Audit Office (such as a promotion), 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.
337 Where an employee is required to relocate on engagement with the Australian National
Audit Office, the employee will be provided with financial relocation assistance.
338 Reasonable expenses associated with the relocation include:
338.1 the cost of transport of the employee, their dependents and partner by the most
economical means;
338.2 removal expenses, namely the reimbursement of reasonable incurred costs of the
removal of furniture and household effects of the employee, dependants and
partner;
338.3 the reimbursement of the cost of the insurance premium based on a reasonable
replacement value; and
338.4 the reasonably incurred expenses in kennelling and transport of pets, up to the
amount specified in the APS Award.
339 Additional relocation assistance may be considered by Auditor-General discretion.
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Section 10: Consultation, representation and
dispute resolution
Consultation
Principles
340 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.
341 The Australian National Audit Office recognises:
341.1 the importance of inclusive and respectful consultative arrangements;
341.2 employees and the relevant union(s) should have a genuine opportunity to
influence decisions;
341.3 the nature and extent of consultation will vary depending on the proposed
change and the likely impact on employees. Consultation on agency policies may
occur over at least 2 weeks, whereas a major change is likely to require a more
extensive consultation process;
341.4 consultation with employees and relevant unions(s) on workplace matters that
significantly affect or materially impact them is sound management practice; and
341.5 the benefits of employee and union involvement and the right of employees to
be represented by their union.
342 Genuine and effective consultation involves:
342.1 providing employees and the relevant union(s) with a genuine opportunity to
influence the decision prior to a decision being made;
342.2 providing all relevant information to employees and the relevant union(s) in a
timely manner to support consideration of the issues;
342.3 considering feedback from employees and the relevant union(s) in the decision-
making process; and
342.4 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
343 Consultation is required in relation to:
59
343.1 changes to work practices which materially alter how an employee carries out
their work;
343.2 changes to or the introduction of policies or guidelines relevant to workplace
matters (unless the changes are minor or procedural);
343.3 major change that is likely to have a significant effect on employees;
343.4 implementation of decisions that significantly affect employees;
343.5 changes to employees’ regular roster or ordinary hours of work (subject to any
other relevant provisions in this agreement); and
343.6 other workplace matters that are likely to significantly or materially impact
employees.
344 The Australian National Audit Office, 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 agency.
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
345 This clause applies if the Australian National Audit Office:
345.1 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
345.2 proposes to introduce a change to the regular roster or ordinary hours of work of
employees.
Representation
346 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.
347 The Australian National Audit Office must recognise the representative if:
347.1 a relevant employee appoints, or relevant employees appoint, a representative
for the purposes of consultation; and
347.2 the employee or employees advise the employer of the identity of the
representative.
60
Major change
348 In this clause, a major change is likely to have a significant effect on employees if it results
in, for example:
348.1 the termination of the employment of employees; or
348.2 major change to the composition, operation or size of the employer’s workforce
or to the skills required of employees; or
348.3 the elimination or diminution of job opportunities (including opportunities for
promotion or tenure); or
348.4 the alteration of hours of work; or
348.5 the need to retrain employees; or
348.6 the need to relocate employees to another workplace; or
348.7 the restructuring of jobs.
349 The following additional consultation requirements in clause 350 to 356 apply to a
proposal to introduce a major change referred to in clause 343.3.
350 Consultation with employees and the relevant union(s) and/or recognised representatives
will occur prior to a decision being made, subject to clause 344.
351 Where practicable, an Australian National Audit Office 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.
352 The Australian National Audit Office must notify employees and relevant union(s) and/or
recognised representatives of the proposal to introduce the major change as soon as
practicable.
353 As soon as practicable after proposing the change, or notifying of the change in
circumstances described at clause 344, the Australian National Audit Office must:
353.1 discuss with affected employees and relevant union(s) and/or other recognised
representatives:
353.1.1 the proposed change:
353.1.1.1 the effect the proposed change is likely to have on the
employees; and
353.1.1.2 proposed measures to avert or mitigate the adverse effect
of the proposed change on the employees; and
61
353.1.2 for the purposes of the discussion – provide, in writing, to employees and
the relevant union(s) and/or other recognised representatives:
353.1.2.1 all relevant information about the proposed change,
including the nature of the change proposed; and
353.1.2.2 information about the expected effects of the proposed
change on the employees; and
353.1.2.3 any other matters likely to affect the employees.
354 The Australian National Audit Office 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.
355 However, the Australian National Audit Office is not required to disclose confidential or
commercially sensitive information to employees and the relevant union(s) and/or other
recognised representatives.
356 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 Australian
National Audit Office, the requirements set out in clauses 350 to 354 are taken not to
apply.
Change to regular roster or ordinary hours of work
357 The following additional consultation requirements in clause 358 to 360 apply to a
proposal to introduce a change referred to in clause 343.5.
358 The Australian National Audit Office must notify affected employees and the relevant
union(s) and/or other recognised representatives of the proposed change.
359 As soon as practicable after proposing to introduce the change, the Australian National
Audit Office must:
359.1 discuss with employees and the relevant union(s) and/or other recognised
representatives:
359.2 the proposed introduction of the change; and
359.3 for the purposes of the discussion – provide to the employees and relevant
union(s) and/or other recognised representatives:
359.3.1 all relevant information about the proposed change, including the nature
of the proposed change; and
62
359.3.2 information about what the employer reasonably believes will be the
effects of the proposed change on the employees; and
359.3.3 information about any other matters that the employer reasonably
believes are likely to affect the employees; and
359.4 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
Australian National Audit Office is not required to disclose confidential or
commercially sensitive information to the relevant employees and the relevant
union(s) and/or other recognised representatives.
360 The Auditor-General 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
361 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.
Agency consultative committee
362 The Auditor-General may establish an agency consultative committee to discuss relevant
workplace matters.
363 Australian National Audit Office consultative committees 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
364 The Auditor-General 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
365 If a dispute relates to:
365.1 a matter arising under the agreement; or
63
365.2 the National Employment Standards;
this term sets out procedures to settle the dispute.
366 An employee or union who is covered by this agreement may initiate and/or be a party to
a dispute under this term.
367 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.
368 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.
369 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 368 have been taken, a party to
the dispute may refer the dispute to the Fair Work Commission.
370 The Fair Work Commission may deal with the dispute in 2 stages:
370.1 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
370.2 if the Fair Work Commission is unable to resolve the dispute at the first stage, the
Fair Work Commission may then:
370.2.1 arbitrate the dispute; and
370.2.2 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.
371 While the parties are attempting to resolve the dispute using the procedures in this term:
371.1 an employee must continue to perform their work as they would normally in
accordance with established custom and practice at the Australian National Audit
Office that existed immediately prior to the dispute arising unless they have a
reasonable concern about an imminent risk to their health or safety; and
64
371.2 subject to 371.1, 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:
371.2.1 the work is not safe; or
371.2.2 applicable work health and safety legislation would not permit the work
to be performed; or
371.2.3 the work is not appropriate for the employee to perform; or
371.2.4 there are other reasonable grounds for the employee to refuse to comply
with the direction.
372 The parties to the dispute agree to be bound by a decision made by the Fair Work
Commission in accordance with this term.
373 Any disputes arising under the Australian National Audit Office Enterprise Agreement
2016 - 2019 or the National Employment Standards that were formally notified under
clause 8 of that agreement before the commencement of this agreement, which 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
374 Where the provisions of clauses 365 to 370 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 366, 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 369.
Delegates’ rights
375 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 agency.
376 The role of union delegates is to be respected and supported.
377 The Australian National Audit Office and union delegates will work together respectfully
and collaboratively.
Supporting the role of union delegates
378 The Australian National Audit Office respects the role of union delegates to:
65
378.1 provide information, consult with and seek feedback from employees in the
workplace on workplace matters;
378.2 consult with other delegates and union officials, and get advice and assistance
from union officials;
378.3 represent the interests of members to the employer and industrial tribunals; and
378.4 represent members at relevant union forums, consultative committees or
bargaining.
379 The Australian National Audit Office 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.
380 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.
381 To support the role of union delegates, the Australian National Audit Office will, subject
to legislative and operational requirements, including privacy and security requirements:
381.1 provide union delegates with reasonable access to agency facilities and resources,
including for paid or unpaid meetings between employees and their unions and
to communicate with union officials;
381.2 advise union delegates and other union officials of the agency facilities and
resources available for their use, which may include telephone, photocopying,
internet, and email;
381.3 allow reasonable official union communication appropriate to the agency 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 an agency vetoing reasonable communications;
381.4 provide access to new employees as part of induction; and
381.5 provide reasonable access to union delegates to attend appropriate paid time
training in workplace relations matters, during normal working hours.
382 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 Australian National Audit
Office before speaking publicly in that capacity, subject to the APS Code of Conduct and
legislative requirements.
66
Section 11: Separation and retention
Resignation
383 An employee may resign from their employment by giving the Auditor-General at least 14
calendar days’ notice.
384 At the instigation of the Auditor-General, 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.
385 The Auditor-General has the discretion to agree to a shorter period of notice or waive the
requirement to give notice.
Payment on death of an employee
386 When an employee dies, or the Auditor-General has directed that an employee is
presumed to have died on a particular date, subject to any legal requirements, the
Auditor-General 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
387 Where it has been determined that there are more employees than necessary to perform
the work required, those employees who are excess to organisational requirements are
entitled to the benefits set out in this Agreement.
Coverage
388 The following provisions will apply to all Australian National Audit Office employees, with
the exception of:
388.1 ongoing employees on probation, and
388.2 non-ongoing employees.
67
Definition of excess employee
389 An employee is an excess employee if:
389.1 they are included in a class of employees employed in the Australian National
Audit Office, which comprises a greater number of employees than is necessary
for the efficient and economical working of the Australian National Audit Office;
or
389.2 the services of the employee cannot be effectively used because of technological
or other changes in the methods, or changes in the nature, extent or organisation
of the functions of the Australian National Audit Office; or
389.3 the duties usually performed by the employee are to be performed at a different
locality, and the employee is not willing to perform duties at the locality and the
Auditor-General or delegate has determined that these provisions will apply to
that employee.
Consultation with potentially excess employees
390 When the Auditor-General is aware that an employee is likely to become excess, the
Auditor-General will advise the employee.
391 Assistance or guidance for staff member - where the employee nominates a
representative for assistance or guidance, the Auditor-General or delegate will hold
discussions with the representative.
392 The Auditor-General or delegate will hold discussions with the employee to advise them
of the reasons they may become excess and to consider:
392.1 measures that could be taken to resolve the situation including redeployment
opportunities for the employee at or below level including through any APS-wide
deployment mechanism which might exist at the time;
392.2 referral to a service provider approved by the Auditor-General to provide career
planning and other appropriate assistance; and
392.3 whether Voluntary Retrenchment might be appropriate.
393 The Auditor-General may, prior to the conclusion of these discussions, invite an employee
who is not a potentially excess employee to express interest in Voluntary Retrenchment,
where the retrenchment of that employee would permit the redeployment of an
employee who is potentially excess.
68
Declaring an employee excess
394 At least four weeks after advising the employee in accordance with section 390 that they
are likely to become excess, the Auditor-General may advise the employee in writing that
they are an excess employee. The employee and the Auditor-General may agree to a
shorter period.
Voluntary Retrenchment
395 Where an employee is advised that they are an excess employee in accordance with
section 394, the Auditor-General may invite the excess employee to accept Voluntary
Retrenchment.
396 Where the Auditor-General invites an excess employee to accept voluntary retrenchment,
the employee will have 4 weeks in which to accept the offer. Where the offer is accepted,
the Auditor-General will not give notice of termination under section 29 of the Public
Service Act 1999 on the grounds that the employee is excess to the requirements of the
Australian National Audit Office, before the end of that period without consulting the
employee.
397 A staff member invited to accept voluntary retrenchment will, within the one month
period as per section 396, be given information on the:
397.1 amount of severance pay, pay in lieu of notice and paid leave credits;
397.2 superannuation benefits and entitlements;
397.3 taxation rules applying to the various payments; and
397.4 availability of assistance up to a maximum amount of $900, for financial advice
and career planning.
398 Only one offer of voluntary retrenchment will be made to an excess employee.
Period of Notice
399 Where an excess employee accepts voluntary retrenchment, the Auditor-General may
retrench the employee by giving the required notice of termination under section 29 (3)
(a) of the Public Service Act. The period of notice will be 4 weeks (or 5 weeks in the case
of an employee over 45 years of age and with at least 5 years continuous service).
400 Where an employee is terminated at the beginning of, or within, the notice period, the
employee will receive payment in lieu of notice as set out in the FWA for the unexpired
portion of the notice period.
69
Severance Benefit
401 An employee whose employment is terminated under section 29 (3) (a) of the Public
Service Act following their agreement to be voluntarily retrenched is entitled to be paid a
severance benefit of an amount equal to 2 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 National Employment Standards (NES).
402 The minimum sum payable will be 4 weeks salary and the maximum will be 48 weeks
salary. The severance benefit will be calculated on a pro rata basis for any period where
an employee has worked part-time hours during his or her period of service and the
employee has less than 24 years of full-time service, subject to any minimum amount the
employee is entitled to under the NES.
403 Service for severance pay purposes means:
403.1 service in the Australian National Audit Office;
403.2 Government service as defined in Section 10 of the Long Service Leave
(Commonwealth Employees) Act 1976;
403.3 service with a Commonwealth body (other than service with a Joint
Commonwealth-State body corporate) in which the Commonwealth has a
controlling interest which is recognised for long service leave purposes;
403.4 service with the Australian Defence Forces;
403.5 APS service immediately preceding deemed resignation under the repealed
section 49 of the Public Service Act if the service has not previously been
recognised for severance pay purposes; and
403.6 service in another organisation where a staff member was transferred from the
APS to that organisation with a transfer of function; or a staff member engaged
by that organisation on work 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.
Rate of Payment
404 Salary for making any payment under section 400 will include:
404.1 the employee’s salary at their substantive work value level; or
404.2 a higher salary, where the employee has been in receipt of the higher salary for a
continuous period of at least 12 months immediately prior to the date on which
the employee is given notice of termination; and
70
404.3 other allowances in the nature of salary which are paid on a regular basis,
excluding allowances which are a reimbursement for expenses incurred, or a
payment for disabilities associated with the performance of duty.
Accelerated Separation Option and Additional Payment
405 Where the Auditor-General invites an excess employee to accept a Voluntary
Retrenchment, the Auditor-General may also invite the excess employee to accept an
accelerated separation option. This option provides, in addition to the severance benefit,
a payment of a maximum of four weeks’ salary in lieu of the consideration period referred
to in section 406, where the excess employee agrees to termination of employment and
the employment is so terminated within 14 days of receiving an offer of Voluntary
Retrenchment. Any payment to which the employee is entitled will be equal to the
balance of the four week period referred to in section 406.
Retention Period
406 An excess employee will be entitled to the following retention period:
406.1 13 months where the employee has 20 or more years of service or is over 45
years of age; or
406.2 7 months for other employees.
407 If an employee is entitled to a redundancy payment in accordance with the NES, the
relevant period in section 406 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).
408 The retention period will commence on the day the employee is advised in writing by the
Auditor-General, in accordance with section 406, that they are an excess employee.
409 The retention period will be extended by any periods of certified personal leave, taken for
the purposes of personal illness or injury during the retention period.
410 The Auditor-General may, in consultation with the employee, terminate the employment
of the employee under section 29 of the Public Service Act where:
410.1 an excess employee has been receiving redeployment assistance from a service
provider for two months; and
410.2 the service provider advises that there is no reasonable prospect of
redeployment in the APS; and
71
410.3 the Auditor-General is satisfied that there is insufficient productive work available
for the employee within the Australian National Audit Office during the
remainder of their retention period.
411 Upon termination, the employee will be paid a lump sum comprising the balance of the
retention period (as shortened for the NES under section 408) and this payment will be
taken to include the payment in lieu of notice of termination of employment, plus the
employee’s NES entitlement to redundancy pay.
Redeployment
412 Where an excess employee does not accept an offer of Voluntary Retrenchment or the
accelerated separation option within four weeks of the offer being made, the
redeployment arrangements of this Agreement will apply.
413 An excess employee will have access to the APS-wide redeployment mechanisms.
414 An excess employee will be entitled to a period of retention in which they will have access
to the services of a provider approved by the Auditor-General in order to assist them to
be redeployed. The employee is also entitled to funding for financial advice to the value
of $900 less any amount already paid in accordance with section 398.4.
415 During the retention period, the Auditor-General will continue to take reasonable steps to
find alternative suitable employment for the excess staff member and/or may, with 4
weeks’ notice, reduce the excess employee’s classification or salary level as a means of
securing alternative employment for the excess employee.
416 An employee reduced in classification or salary level before the end of their retention
period will be entitled to income maintenance to maintain their salary at their preceding
level for the balance of the retention period.
417 An excess staff member may request assistance in meeting reasonable travel and
incidental expenses incurred in seeking alternative employment, where costs are not met
by the prospective employer.
418 If, as a result of transfer or reduction in classification or salary level, an excess staff
member is required to move to a different Australian National Audit Office locality, the
staff member will be entitled to reasonable relocation expenses.
Involuntary Retrenchment
419 The Auditor-General may terminate on an involuntary basis an excess employee under
section 29 of the Public Service Act.
72
420 The excess employee will not be terminated involuntarily if they have not been invited to
accept an offer of voluntary redundancy or they have elected to be retrenched but the
Auditor-General has refused to approve it.
Termination of Employment
421 Where procedures outlined in this agreement lead to termination of employment on any
of the allowable grounds under section 29 of the Public Service Act 1999, those
procedures must be followed before an ongoing employee’s employment is terminated.
Non-ongoing employees may be terminated at any time on the grounds set out in their
contract of engagement.
422 The sole and exhaustive rights and remedies of an employee in relation to termination of
employment are those available to the employee under:
422.1 Part 3 of the FW Act;
422.2 other Commonwealth laws (including the Constitution); and
422.3 at common law.
423 Termination of employment, or a decision to terminate, cannot be reviewed under the
dispute prevention and settlement procedures set out in clauses 365 to 373 of this
Agreement.
424 Nothing in this agreement prevents the Auditor-General from terminating the
employment of an employee for serious misconduct, subject to compliance with the
procedures established by the Auditor-General for determining whether an employee has
breached the Code of Conduct under section 15 of the Public Service Act 1999.
73
Attachment A – Base salaries
Table 5: Executive level salaries
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
Classification Salary levels
As at 31 August
2023
From the later of
commencement
of the
agreement or
14 March 2024
From 13 March
2025
From 12 March
2026
EL2
2.7 $165,222 $171,831 $178,361 $184,425
2.6 $159,749 $166,139 $172,452 $178,315
2.5 $154,276 $160,447 $166,544 $172,206
2.4 $148,804 $154,756 $160,637 $166,099
2.3 $143,332 $149,065 $154,729 $159,990
2.2 $137,858 $143,372 $148,820 $153,880
2.1 $132,387 $137,682 $142,914 $147,773
EL1
1.4 $129,915 $135,112 $140,246 $145,014
1.3 $125,038 $130,040 $134,982 $139,571
1.2 $120,161 $124,967 $129,716 $134,126
1.1 $115,286 $119,897 $124,453 $128,684
74
Table 6: APS level salaries
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
Classification Salary levels
As at 31
August 2023
From the later of
commencement
of the agreement
or
14 March 2024
From 13 March
2025
From 12 March
2026
APS 6
6.4 $107,965 $112,284 $116,551 $120,514
6.3 $103,197 $107,325 $111,403 $115,191
6.2 $98,566 $102,509 $106,404 $110,022
6.1 $93,935 $97,692 $101,404 $104,852
B
ro
ad
ba
nd
2
APS 5
5.4 $92,392 $96,088 $99,739 $103,130
5.3 $89,808 $93,400 $96,949 $100,245
5.2 $87,297 $90,789 $94,239 $97,443
5.1 $84,788 $88,180 $91,531 $94,643
APS 4
4.3 $81,131 $84,376 $87,582 $90,560
4.2 $77,477 $80,576 $83,638 $86,482
4.1 $73,819 $76,772 $79,689 $82,398
B
ro
ad
ba
nd
1
B
ro
ad
ba
nd
1
APS 3
3.3 $73,437 $76,374 $79,276 $81,971
3.2 $70,672 $73,499 $76,292 $78,886
3.1 $67,905 $70,621 $73,305 $75,797
APS 2
2.5 $67,904 $70,620 $73,304 $75,796
2.4 $66,524 $69,185 $71,814 $74,256
75
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
B
ro
ad
ba
nd
1
B
ro
ad
ba
nd
1
APS 2
2.3 $65,141 $67,747 $70,321 $72,712
2.2 $63,758 $66,308 $68,828 $71,168
2.1 $62,376 $64,871 $67,336 $69,625
APS 1
1.5 $62,375 $64,870 $67,335 $69,624
1.4 $59,608 $61,992 $64,348 $66,536
1.3 $56,844 $59,118 $61,364 $63,450
1.2 $54,076 $56,239 $58,376 $60,361
1.1 $51,312 $53,364 $55,392 $57,497
76
Table 7: Graduate 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
G
ra
du
at
e
B
ro
ad
ba
nd
APS 4
4.3 $81,131 $84,376 $87,582 $90,560
4.2 $77,477 $80,576 $83,638 $86,482
4.1 $73,819 $76,772 $79,689 $82,398
APS 3
3.3 $73,437 $76,374 $79,276 $81,971
3.2 $70,672 $73,499 $76,292 $78,886
3.1 $67,905 $70,621 $73,305 $75,797
1
Fair Work Act 2009
s.218A - application to vary an agreement to correct or amend errors, defects or irregularities
Commonwealth of Australia, represented by the Australian National Audit
Office
(AG2024/858)
AUSTRALIAN NATIONAL AUDIT OFFICE ENTERPRISE
AGREEMENT 2024 – 2027
Commonwealth employment
DEPUTY PRESIDENT COLMAN MELBOURNE, 22 MARCH 2024
Australian National Audit Office Enterprise Agreement 2024 – 2027
[1] An application has been made under s 218A of the Fair Work Act 2009 (Act) by the
Commonwealth of Australia, as represented by the Australian National Audit Office (ANAO),
to vary the Australian National Audit Office Enterprise Agreement 2024 – 2027 (Agreement)
in order to correct obvious error. The union that is covered by the Agreement, the Community
and Public Sector Union (CPSU), supports the application. The proposed variations would
address what are said to be several typographical errors as well as formatting irregularity in the
Agreement by effectuating the following changes: the title of section 1 would be replaced with
the words ‘Technical matters’; clause 92.1 would be amended to replace ‘clause 191’ with
‘clause 190’; clause 99 would be amended to remove the words ‘However, and employee’ and
replace them with the words ‘However, an employee’; and the formatting and layout of the
Agreement would be adjusted to properly reflect the applicable style guide, in accordance with
a revised document submitted to the Commission by the ANAO.
[2] I am satisfied that the Agreement contains the obvious errors described above and that
it is appropriate to correct them. The Agreement is varied in the manner proposed by the
applicant. The variations will operate from the date on which the Agreement will commence
operation, which is 29 March 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE523924 PR772659
[2024] FWCA 1033
DECISION FairWork
Commission
