1
Fair Work Act 2009
s.218A - application to vary an agreement to correct or amend errors, defects or irregularities
Commonwealth of Australia as represented by the Department of
Parliamentary Services
(AG2024/1491)
Commonwealth employment
DEPUTY PRESIDENT MASSON MELBOURNE, 17 MAY 2024
Application for variation of the Department of Parliamentary Services Enterprise Agreement
2024.
[1] The Commonwealth of Australia as represented by the Department of Parliamentary
Services (the Applicant) has made an application pursuant to s 218A of the Fair Work Act 2009
(the Act) to vary the Department of Parliamentary Services Enterprise Agreement 20241 (the
Agreement) to correct or amend an error, defect or irregularity in the Agreement.
[2] The Agreement was approved by the Commission on 28 March 2024 and commenced
operation on 4 April 2024.2
[3] Subsequently, the Applicant made an application to validate the approval of the
Agreement pursuant to s.602A of the Act. The application was made in circumstances where a
draft Agreement was filed with the original Agreement approval application and not the
Agreement as made (the Agreement as Made). On 6 May 2024, I made a determination3 that
the approval of the Agreement was valid and effective and stated that the draft Agreement was
to be removed from the Commission’s website and replaced with a copy of the Agreement as
Made.
[4] In making the s.602A application the Applicant became aware that the Agreement as
Made contains errors. Consequently, the Applicant made a s.218A application and seeks that
the Agreement as Made be varied to correct these errors, which are set out and considered
below.
[5] Following receipt of the s.218A application correspondence was issued to the union and
employee bargaining representatives, advising that should any party oppose the application they
were required to file any submissions and other material on which they would seek to rely by
close of business Thursday, 2 May 2024. No materials were filed nor did any of the parties
advise my Chambers that they oppose the Application.
[2024] FWCA 1676
DECISION
AUSTRALIA FairWork Commission
[2024] FWCA 1676
2
Statutory Provisions
[6] Section 218A, which came into effect on 7 December 2022 as part of the reforms
contained within the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022,
provides for the variation of enterprise agreements to correct or amend an obvious error, defect
or irregularity and relevantly provides as follows;
“(1) The FWC may vary an enterprise agreement to correct or amend an obvious error,
defect or irregularity (whether in substance or form).
(2) The FWC may vary an enterprise agreement under subsection (1);
(a) on its own initiative; or
(b) on application by any of the following:
(i) one or more of the employers covered by the agreement;
(ii) an employee covered by the agreement;
(iii) an employee organisation covered by the agreement.
(3) If the FWC varies an enterprise agreement under subsection (1), the variation
operates from the day specified in the decision to vary the agreement.”
[7] The Explanatory Memorandum (EM) that supports the above-referred Bill relevantly
states as follows;
“772. This part would remove unnecessary complexity in the agreement-making
process by amending the FW Act to:
• simplify the process for correcting any obvious errors, defects or irregularities in
enterprise agreements; and
• provide a simple remedy to address the situation where the wrong version of an
enterprise agreement or variation has been inadvertently submitted to, and approved
by, the FWC.”
Consideration
[8] The variation sought by the Applicant seeks to amend errors in the Agreement as Made
at clause 20.3 and Appendix C – Definitions.
[9] The Applicant states that the Agreement as Made adopts the drafting of the template
clauses relating to casual employment per the APS’ Statement of Common Conditions (SoCC),
with the exception of the following inadvertent errors:
a. The use of the words “irregular and intermittent” instead of “irregular or intermittent”
in both clause 20.3 and Appendix C – Definitions; and
[2024] FWCA 1676
3
b. The use of the words “causal employee (irregular and intermittent employee)” as the
defined term in Appendix C – Definitions, instead of “casual (irregular or intermittent)
employee”.
[10] The Applicant submits that the definition of a casual employee in the Parliamentary
Services Act 1999 (PS Act) provides for the engagement of parliamentary services employees
“for duties that are irregular or intermittent”. In circumstances where Appendix C expressly
references s. 22(2)(c) of the PS Act, the Applicant contends that the use of the words “irregular
and intermittent” is an obvious error.
[11] The Applicant also refers to clause 20.1 of the Agreement, which states that “A casual
(irregular or intermittent) employee is defined in Appendix C”. As such, the Applicant submits
that the clear intention of clause 20.1 is that the definition in Appendix C defines the term
“Casual (irregular or intermittent) employee” not “Casual employee (irregular and intermittent
employee)”.
[12] In relation to clause 20.3, the Applicant argues that the reference to “irregular and
intermittent duties” is inconsistent with the heading of clause 20, the text of clause 20.1, the PS
Act and the SoCC, which all adopt the wording “irregular or intermittent”.
[13] The Applicant states that the variation sought will not result in disadvantage to
employees, rather it will provide clarity to employees regarding the definition of “irregular or
intermittent” causal employment.
[14] In these circumstances I am satisfied that it is appropriate for the Commission to vary
the Agreement to replace the incorrect wording in clause 20.3 and Appendix C- Definitions so
that it reflects the definition of “irregular or intermittent” causal employment intended by the
parties.
Conclusion
[15] For the reasons set out above, I am satisfied that the errors that occurred in drafting
clause 20.3 and Appendix C – Definitions are errors that fall within the meaning of s 218A(1)
of the Act. I am further satisfied that the application to vary the Agreement has been made by
the employer covered by the Agreement, thus satisfying the requirements of s.218A(2)(b)(i) of
the Act. The variation sought will operate from 17 May 2024. An order giving effect to this
decision will be separately issued.
DEPUTY PRESIDENT
OF THE FAIR WORK AUSTRALIA ISSION THE SE
[2024] FWCA 1676
4
Printed by authority of the Commonwealth Government Printer
AE523951 PR774571
1 AE523951.
2 [2024] FWCA 1062.
3 [2024] FWCA 1616.
https://www.fwc.gov.au/documents/agreements/approved/AE523951.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca1062.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwca1616.pdf
1
Fair Work Act 2009
s.602A - application to validate the approval of an agreement
Commonwealth of Australia as represented by the Department of
Parliamentary Services
(AG2024/1134)
Commonwealth employment
DEPUTY PRESIDENT MASSON MELBOURNE, 6 MAY 2024
Application for validation of approval of the Department of Parliamentary Services
Enterprise Agreement 2024.
[1] An application has been made to validate the approval of the Department of
Parliamentary Services Enterprise Agreement 20241 (the Agreement), which was approved on
28 March 2024. The application was made pursuant to s.602A of the Fair Work Act 2009 (the
Act) by the Commonwealth of Australia as represented by the Department of Parliamentary
Services (DPS). The application is made in circumstances where the DPS says it filed a draft
agreement (the Draft Agreement) and not the agreement as made (the Agreement as Made) with
its application for approval of the Agreement.
[2] Following allocation of the matter to my Chambers, a Mention was conducted on 17
April 2024 following which Directions were issued allowing for the filing of material in support
of the application by the DPS by the close of business Tuesday 23 April 2024. Unions covered
by the Agreement and employee bargaining representatives were afforded an opportunity to file
material in reply by close of business Monday 29 April 2024.
[3] The DPS filed material in accordance with the Directions, which included a witness
statement prepared by Ellen Patat-Tanevska (Acting Senior HR Advisor), an outline of
submissions and other documents on which it sought to rely. None of the employee
organisations covered by the Agreement or employee bargaining representatives filed any
material in reply to the Applicant. I consequently proceed on the basis that the application is
not opposed.
[4] The relevant factual background to the s 602A application was provided in Ms Patat-
Tanevska’s witness statement and may be summarised as follows;
1 [2024] FWCA 1062.
[2024] FWCA 1616
DECISION
AUSTRALIA FairWork Commission
[2024] FWCA 1616
2
a final version of the Agreement was circulated and available to be accessed by
employees during the access period between 13 February and 8.59 am on 26 February
2024;
the ballot period ran from 9.00am on 26 February to 9.00am on 4 March 2024;
a valid majority of employees approved the Agreement, with the Agreement made on
4 March 2024;
Ms Patat-Tanevska assisted in the preparation of the Form F16 and Form 17B for the
Agreement approval application;
the application for approval of the Agreement was filed with the Fair Work
Commission (Commission) on 15 March 2024;
the Agreement was approved by Deputy President Masson on 28 March 2024;
on 3 April 2024, Ms Tanevska realised that she had erroneously attached the Draft
Agreement with the application for approval;
the approved Agreement was not the version voted on by employees and was lodged in
error;
on becoming aware of the error, Ms Tanevska contacted my Chambers by email,
explained the administrative error made by DPS and set out the discrepancies between
the Agreement as Made and the Draft Agreement that was approved by the
Commission;
the DPS were encouraged by the Commission to consider filing a s 602A application
in the circumstances; and
the s 602A application was filed on 8 April 2024
[5] Included in the material filed by DPS in support of the s 602A application was a
document showing the tracked change differences between the Agreement as Made and the
Draft Agreement. Relevantly there are twelve affected clauses.
Statutory Provisions
[6] Section 602A of the Act was inserted into the Act by way of the Fair Work Legislation
Amendment (Secure Jobs Better Pay) Bill 2022 (the Secure Jobs Better Pay Bill 2022),
commenced operation on 6 December 2022 and states as follows;
“602A Validation of approval of enterprise agreement
(1) If:
(a) after an enterprise agreement was made:
[2024] FWCA 1616
3
(i) an application for the approval of a draft of the enterprise
agreement was erroneously made to the FWC; and
(ii) the FWC approved the draft of the agreement; and
(b) the FWC is satisfied that, assuming that the application had been an
application for the approval of the enterprise agreement that was made,
the FWC would have approved the enterprise agreement that was made;
the FWC may determine in writing that the approval is as valid and effective,
and is taken to have been as valid and effective, as it would have been if:
(c) the application had been an application for the approval of the enterprise
agreement that was made instead of an application for the approval of
the draft of the agreement; and
(d) the requirements set out in subsection 185(2) or section 185A
(whichever is applicable) had been met in relation to the application;
and
(e) the approval had been an approval of the enterprise agreement that was
made instead of an approval of the draft of the agreement.
(2) The FWC may make a determination under subsection (1):
(a) on its own initiative; or
(b) on application.
………………….”
[7] The Explanatory Memorandum supporting the Secure Jobs Better Pay Bill 2022 (the
EM) in dealing with ss 602A & B relevantly states as follows;
“Section 602A—Validation of approval of enterprise agreements
Section 602B—Validation of approval of variation of enterprise agreements
781. New sections 602A and 602B would address a problem that arises if a party
erroneously submits the wrong version of an agreement or variation to the FWC
for approval (ie a draft, not being the enterprise agreement or variation that was
made by the parties), and it is approved.
782. The provisions would confer a discretion on the FWC to validate the relevant
approval decision, as if the error had not occurred, and the decision had been made
by reference to the correct version (ie the agreed enterprise agreement or
variation). It would be for the FWC to determine whether an error had occurred.
[2024] FWCA 1616
4
783. The validation process could commence on the FWC’s own initiative or on
application (new subsections 602A(2) or 602B(2)).”
[8] The ‘problem’ referred to in paragraph 781 of the EM was highlighted in an appeal
decision in Yarra Valley Water Corporation v Australian Municipal, Administrative, Clerical
and Services Union2 (Yarra Valley Water) where, in dealing with an appeal of an agreement
approval decision and confronted by an analogous set of facts to those in the present matter, the
Full Bench said as follows;
“[2] The facts of the matter are not in dispute. The appellant engaged in bargaining
for an enterprise agreement with employees over 11 months during 2020-2021. The
Australian Municipal, Administrative, Clerical and Services Union (ASU) and the
Association of Professional Engineers, Scientists and Managers, Australia (APESMA)
were bargaining representatives for the agreement. The proposed agreement arising from
this bargaining was put to a vote of employees on 13-14 July 2021, and approved by a
large margin. On 28 July 2021, the appellant lodged an application for approval of an
enterprise agreement. However, the agreement which was approved by employees, and
made in accordance with s 182(1), was not attached to the application. Instead, an earlier
draft of the agreement was inadvertently attached to the application. The mistake was
not identified by the appellant, and thus not brought to the Deputy President’s attention,
prior to his decision. Consequently, it was the draft document the subject of the
application (the purported agreement), not the agreement upon which the employees
actually voted, which was ultimately approved by the Deputy President. The mistake
was only identified by the appellant on 19 August 2021, two days after the Deputy
President’s decision.”
[9] The Full Bench in Yarra Valley Water went on to find as follows;
“[5] It is clear, on the undisputed facts, that the purported agreement approved by the
Deputy President was never made in accordance with s 182(1) of the FW Act and was
accordingly incapable of approval under s 186. In the circumstances it is appropriate to
grant permission to appeal, and we uphold the appeal and quash the decision.”
[10] It is apparent from the text of the legislation supported by the EM that s 602A now
confers discretion to the Commission to validate the approval of an enterprise agreement in
circumstances where a draft version of an enterprise agreement, rather than the version
approved by a valid majority of employees, has been filed with an application for approval of
an enterprise agreement and has been subsequently approved by the Commission. That
discretion provides an alternative to the only path previously available to the Commission in
circumstances of an incorrect version of an enterprise agreement having been lodged and
approved, that of quashing an agreement approval decision.
[11] On application or on the Commission’s own initiative, the discretion conferred by s
602A may be exercised where the Commission is satisfied that an incorrect draft version of an
enterprise agreement was lodged and approved by the Commission and where the statutory
2 [2021] FWCFB 6006
[2024] FWCA 1616
5
approval requirements for an enterprise agreement would have been met if the correct version
of the enterprise agreement as made had been filed.
Consideration
[12] Returning to the present matter, I am satisfied based on the unchallenged evidence of
Ms Patat-Tanevska that the Draft Agreement filed and subsequently approved by the
Commission was not the agreement version that was voted on and approved by employees. The
Agreement as Made was provided to employees, was explained to employees, was voted on
and ultimately approved by a valid majority of employees. These circumstances clearly fall
within those contemplated by s 602A(1) of the Act.
[13] I am further satisfied on reviewing the terms of the Agreement as Made that had it been
filed; it would have been approved by the Commission. That is because each of the statutory
approval requirements would have been met including that it (the Agreement as Made) was
genuinely agreed (s 186(2)(a)), none of its terms contravene s 55 of the Act (s 186(2)(c)) and it
passes the better off overall test (the BOOT) (s 186(2)(d)). I am consequently satisfied that the
requirements of s 602A(1)(b) are met.
[14] It follows from the foregoing that the statutory pre-requisites necessary for the exercise
of the Commission’s discretion pursuant to s 602A are present. In circumstances where the
application is not opposed and where no matters that militate against the exercise of that
discretion have been either raised by the parties or identified by the Commission, I determine
as follows.
[15] Approval of the Agreement is as valid and effective, and is taken to have been as valid
and effective, as it would have been if:
(1) the application had been an application for the approval of the Agreement as Made
instead of an application for approval of the Draft Agreement; and
(2) the requirements set out in subsection 185(2) had been met in relation to the
application; and
(3) the approval had been an approval of the Agreement as Made instead of an approval
of the Draft Agreement.
[16] In conjunction with this Determination, the Commission will take steps to publish the
Agreement as Made as the approved Agreement on the Commission’s website as soon as
practicable.
DEPUTY PRESIDENT
OF THE FAIR WORK FA 0 USTRALIA ISSION THE SE
[2024] FWCA 1616
6
Printed by authority of the Commonwealth Government Printer
AE523951 PR774433
1
Fair Work
Act 2009
s.185 - Application for approval of a single-enterprise agreement
Commonwealth of Australia (Department of Parliamentary Services)
(AG2024/757)
DEPARTMENT OF PARLIAMENTARY SERVICES ENTERPRISE
AGREEMENT 2024
Commonwealth employment
DEPUTY PRESIDENT MASSON MELBOURNE, 28 MARCH 2024
Application for approval of the Department of Parliamentary Services Enterprise Agreement
2024
[1] An application has been made for approval of an enterprise agreement known as the
Department of Parliamentary Services Enterprise Agreement 2024 (the Agreement). The
application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made
by Commonwealth of Australia (Department of Parliamentary Services). The Agreement is a
single enterprise agreement.
[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth)
(Amending Act) made a number of changes to enterprise agreement approval processes in Part
2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for
the Agreement under s.173(2) was 26 September 2023 and the Agreement was made on 28
February 2024. Accordingly, both the genuine agreement and the better off overall test
requirements are those applying on and from 6 June 2023.
[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this
application for approval have been met.
[4] The CFMEU, AMWU, CPSU and CEPU, being bargaining representatives for the
Agreement, have given notice under s.183 of the Act that they want the Agreement to cover
them. In accordance with s.201(2) I note that the Agreement covers the organisations.
[2024] FWCA 1062 [Note: a validation decision has been issued to this
document]
DECISION
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024FWCA1616.pdf
[2024] FWCA 1062
2
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
4 April 2024. The nominal expiry date of the Agreement is 12 January 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE523951 PR772726
WORK AUSTRALIA NOISSINN THE SEAL OF THE F
PARLIAMENT OF AUSTRALIA DEPARTMENT OF PARLIAMENTARY SERVICES ENTERPRISE AGREEMENT 2024 AUSTRALIA®
DPS Enterprise Agreement 2024 | Page 2
Contents
Part 1 – General Matters .............................................................................................................. 5
1 Title ........................................................................................................................................ 5
2 Closed comprehensive Agreement ....................................................................................... 5
3 Coverage ................................................................................................................................ 5
4 Duration ................................................................................................................................. 5
5 Employment Subject to Other Laws ...................................................................................... 6
6 National Employment Standards (NES) Precedence ............................................................. 6
7 Delegations ............................................................................................................................ 6
8 Dispute Resolution ................................................................................................................ 7
9 Individual Flexibility Arrangements ....................................................................................... 8
10 Consultation .......................................................................................................................... 9
11 DPS Consultative Committee ............................................................................................... 13
12 Work Health and Safety (WHS) ........................................................................................... 13
13 Payment on Death ............................................................................................................... 14
14 Employee Representation ................................................................................................... 14
15 Delegates’ Rights ................................................................................................................. 14
Part 2 – Working Arrangements.................................................................................................. 16
16 Hours of Duty ....................................................................................................................... 16
17 Workloads ............................................................................................................................ 16
18 Part-Time Work ................................................................................................................... 16
19 Sessional Part-Time Employment ........................................................................................ 17
20 Casual (irregular or intermittent) employment ................................................................... 18
21 Non-ongoing employment .................................................................................................. 19
22 Meal Breaks ......................................................................................................................... 19
23 Flextime ............................................................................................................................... 19
24 Working Arrangements for Employees at Parliamentary Executive Levels (PEL1 and 2) ... 21
25 Shift Work ............................................................................................................................ 22
26 Overtime .............................................................................................................................. 23
27 Job Security .......................................................................................................................... 24
28 Flexible Working Arrangements .......................................................................................... 25
Part 3 – Leave ............................................................................................................................ 29
29 General Matters .................................................................................................................. 29
30 Portability of Accrued Leave Entitlements .......................................................................... 29
31 Recognition of Prior Service ................................................................................................ 30
32 Personal/Carer’s Leave ........................................................................................................ 30
33 Compassionate Leave .......................................................................................................... 32
34 Bereavement Leave ........................................................................................................... 32
35 Annual Leave ....................................................................................................................... 33
36 Purchased Leave .................................................................................................................. 34
37 Parental Leave ..................................................................................................................... 34
38 Miscellaneous Leave ............................................................................................................ 37
39 Long Service Leave ............................................................................................................... 37
40 Cultural, Ceremonial and NAIDOC Leave............................................................................. 38
41 Re-crediting of Leave ........................................................................................................... 38
42 Close-down and Additional Holiday .................................................................................... 39
43 Public Holidays ..................................................................................................................... 39
44 Defence Reservists Leave .................................................................................................... 41
45 Defence Service Sick Leave .................................................................................................. 42
46 Community Service Leave ................................................................................................... 42
47 Jury Duty .............................................................................................................................. 42
48 Emergency Response Leave ................................................................................................ 43
DPS Enterprise Agreement 2024 | Page 3
49 Leave to attend proceedings ............................................................................................... 43
50 Blood Donation .................................................................................................................... 44
51 Lactation and Breastfeeding Support .................................................................................. 44
52 Disaster Support .................................................................................................................. 45
Part 4 – Employee Support and Workplace Culture ..................................................................... 45
53 Respect at Work .................................................................................................................. 45
54 Family and domestic violence support ................................................................................ 46
55 Integrity in the Parliamentary Service ................................................................................. 47
Part 5 – Salary ............................................................................................................................ 48
56 Classification Structure ........................................................................................................ 48
57 Work Level Standards .......................................................................................................... 48
58 Salary Setting ....................................................................................................................... 48
59 Salary Maintenance ............................................................................................................. 49
60 Salary Advancement ............................................................................................................ 49
61 Incremental Advancement Principles .................................................................................. 49
62 Reduction in Salary .............................................................................................................. 50
63 Broadbanding ...................................................................................................................... 50
64 Adjustments to Rates of Pay ............................................................................................... 50
65 Payment of Salary ................................................................................................................ 50
66 Superannuation ................................................................................................................... 51
67 Overpayments ..................................................................................................................... 51
68 Salary Sacrifice ..................................................................................................................... 52
69 Cadet Rates of Pay ............................................................................................................... 52
70 Apprentices .......................................................................................................................... 53
71 Apprenticeships for Ongoing DPS Employees ..................................................................... 54
72 Supported Wage System ..................................................................................................... 54
Part 6 – Allowances .................................................................................................................... 54
73 Restriction Duty Allowance ................................................................................................. 54
74 Higher Duties Allowance ..................................................................................................... 55
75 Motor Vehicle Allowance .................................................................................................... 56
76 Travel and Travel Allowance ................................................................................................ 56
77 Workplace Responsibility Allowances ................................................................................. 57
78 Community Language Allowance ........................................................................................ 58
79 Other Payments ................................................................................................................... 59
80 Reimbursement of Costs ..................................................................................................... 59
81 Licence Allowances .............................................................................................................. 60
82 Loading Dock Screening Allowance ..................................................................................... 61
Part 7 – People and Performance ............................................................................................... 61
83 Studies Assistance ............................................................................................................... 61
84 Performance Management ................................................................................................. 62
85 Training and Development .................................................................................................. 62
86 First Nations Cultural Competency Training ........................................................................ 63
Part 8 – Resignation, Retention, Redeployment, and Redundancy ............................................... 63
87 Application ........................................................................................................................... 63
88 Resignation .......................................................................................................................... 63
89 Managing Excess Employees ............................................................................................... 63
90 Severance Benefit ................................................................................................................ 65
91 Retention Periods ................................................................................................................ 67
92 Involuntary Retirement ....................................................................................................... 68
Schedule 1 – Catering ................................................................................................................. 70
Schedule 2 – Electrical, Mechanical and Fabric Services ............................................................... 74
Schedule 3 – Evening Duty.......................................................................................................... 78
DPS Enterprise Agreement 2024 | Page 4
Schedule 4 – Landscape Services ................................................................................................ 80
Schedule 5 – Parliamentary Security Service ............................................................................... 82
Appendix A – Salary ................................................................................................................... 87
Appendix B – Broadband Arrangements ..................................................................................... 88
Appendix C – Definitions ............................................................................................................ 90
Appendix D – Trainees ............................................................................................................... 93
Appendix E – Supported wage system ........................................................................................ 95
Appendix F – Interaction with Salary .......................................................................................... 98
Image credit: Contributing photographers include: Lightbulb Studios, Pew Pew Studio and
AUSPIC, Department of Parliamentary Services.
DPS Enterprise Agreement 2024 | Page 5
Part 1 – General Matters
1 Title
1.1 This Agreement will be known as the ‘Department of Parliamentary Services
Enterprise Agreement 2024’ (the Agreement).
2 Closed comprehensive Agreement
2.1 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.
2.2 This Agreement will be supported by policies and guidelines, as implemented and
varied from time to time.
2.3 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.
3 Coverage
3.1 This Agreement is an “Enterprise Agreement” pursuant to section 172 of the Fair
Work Act 2009.
3.2 This Agreement will cover:
(a) The Secretary of the Department of Parliamentary Services on behalf of the
Commonwealth; and
(b) Employees of the Department of Parliamentary Services, other than Senior
Executive Service Employees, as described in the Parliamentary Service Act
1999.
3.3 Subject to notice being given in accordance with section 183 of the FW Act, and the
following employee organisations which were bargaining representatives for this
agreement:
(a) Australian Manufacturing Workers Union;
(b) Community and Public Sector Union;
(c) Construction, Forestry, Maritime, Mining and Energy Union; and
(d) Electrical Trades Union.
4 Duration
4.1 This Agreement will commence operation seven days after the date on which it is
approved by the Fair Work Commission. The nominal expiry date of the Agreement is
12 January 2027.
DPS Enterprise Agreement 2024 | Page 6
5 Employment Subject to Other Laws
5.1 It is acknowledged that being an employee of DPS is subject to the provisions of
various Acts (including regulations, directions, rules or instruments made under
those Acts) as in force from time to time, including but not limited to:
(a) Administrative Decisions (Judicial Review) Act 1977;
(b) Age Discrimination Act 2004;
(c) Defence Reserve Service (Protection) Act 2001;
(d) Disability Discrimination Act 1992;
(e) Fair Work Act 2009;
(f) Freedom of Information Act 1982;
(g) Long Service Leave (Commonwealth Employees) Act 1976;
(h) Maternity Leave (Commonwealth Employees) Act 1973;
(i) Parliamentary Service Act 1999;
(j) Public Governance, Performance and Accountability Act 2013;
(k) Safety, Rehabilitation and Compensation Act 1988;
(l) Sex Discrimination Act 1984;
(m) Superannuation Act 1976;
(n) Superannuation Act 1990;
(o) Superannuation Act 2005;
(p) Superannuation (Consequential Amendments) Act 2005;
(q) Superannuation Benefits (Supervisory Mechanisms) Act 1990;
(r) Superannuation Guarantee (Administration) Act 1992;
(s) Superannuation Productivity Benefit Act 1988;
(t) Veteran’s Entitlements Act 1986; and
(u) Work Health Safety Act 2011.
Any reference to the Acts listed in this clause includes a reference to regulations or
instruments made under those Acts or their successor Acts.
5.2 Where there is a reference in this Agreement to a particular part of DPS, that
reference will continue to apply to any successor part of DPS resulting from any
reorganisation of the department.
6 National Employment Standards (NES) Precedence
6.1 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 terms
of this Agreement is detrimental to an employee of DPS in any respect when
compared with the NES.
7 Delegations
7.1 The Secretary may delegate to or authorise any person to perform any or all of the
Secretary's powers or functions under this Agreement, including the power of
delegation, and may do so subject to conditions.
DPS Enterprise Agreement 2024 | Page 7
8 Dispute Resolution
8.1 If a dispute relates to:
(a) a matter arising under this Enterprise Agreement; or
(b) the NES;
this term sets out procedures to settle the dispute.
8.2 An employee or union who is covered by this Agreement may initiate and/or be a
party to a dispute under this term.
8.3 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.
8.4 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.
8.5 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 8.4 have been taken, a
party to the dispute may refer the dispute to the Fair Work Commission.
8.6 The Fair Work Commission may deal with the dispute in 2 stages:
(a) the Fair Work Commission will first attempt to resolve the dispute as it
considers appropriate, including by mediation, conciliation, expressing an
opinion or making a recommendation; and
(b) if the Fair Work Commission is unable to resolve the dispute at the first stage,
the Fair Work Commission may then:
(i) arbitrate the dispute; and
(ii) make a determination that is binding on the parties.
Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers
that are available to it under the 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.
8.7 While the parties are attempting to resolve the dispute using the procedures in this
term:
(a) an employee must continue to perform their work as they would normally in
accordance with established custom and practice at DPS that existed
immediately prior to the dispute arising unless they have a reasonable
concern about an imminent risk to their health or safety; and
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(b) subject to 8.7(a), an employee must comply with a direction given by the
employer to perform other available work at the same workplace, or at
another workplace, unless:
(i) the work is not safe; or
(ii) applicable work health and safety legislation would not permit the
work to be performed; or
(iii) the work is not appropriate for the employee to perform; or
(iv) there are other reasonable grounds for the employee to refuse to
comply with the direction.
8.8 The parties to the dispute agree to be bound by a decision made by the Fair Work
Commission in accordance with this term.
8.9 Any disputes arising under the Department of Parliamentary Services Enterprise
Agreement 2017 or the NES that were formally notified under clause 7 of that
Agreement before the commencement of this Agreement, that remain unresolved at
the date of commencement of this Agreement, will be progressed under the dispute
resolution procedures in this Agreement.
Leave of absence to attend proceedings
8.10 Where the provisions of 8.1 to 8.6 have been complied with, and to assist in the
resolution of the matter, the employee, and/or union delegate or other employee
representative referred to in clause 8.2, 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 8.5.
9 Individual Flexibility Arrangements
9.1 DPS and an employee covered by this Agreement may agree to make an individual
flexibility arrangement to vary the effect of terms of the Agreement if:
(a) the Agreement deals with one or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) remuneration; and
(vi) leave and leave loading.
(b) the arrangement meets the genuine needs of DPS and employee in relation
to one or more of the mentioned in clause 9.1(a) and
(c) the arrangement is genuinely agreed to by DPS and employee.
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9.2 DPS must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the FW Act;
(b) are not unlawful terms under section 194 of the FW Act; and
(c) result in the employee being better off overall than the employee would be if
no arrangement was made.
9.3 DPS must ensure that the individual flexibility arrangement:
(a) is in writing;
(b) includes the name of DPS and employee;
(c) is signed by DPS and employee and if the employee is under 18 years of age,
signed by a parent or guardian of the employee; and
(d) includes details of:
(i) the terms of the Enterprise Agreement that will be varied by the
arrangement;
(ii) how the arrangement will vary the effect of the terms;
(iii) how the employee will be better off overall in relation to the terms
and conditions of their employment as a result of the arrangement;
and
(iv) states the day on which the arrangement commences.
9.4 DPS give the employee a copy of the individual flexibility arrangement within 14 days
after it is agreed to.
9.5 DPS or the employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the
arrangement; or
(b) if DPS and employee agree in writing – at any time.
9.6 DPS and the employee are to review the individual flexibility arrangement at least
every 12 months.
10 Consultation
Principles
10.1 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.
10.2 DPS recognises:
(a) the importance of inclusive and respective consultative arrangements;
(b) employees and the relevant union(s) should have genuine opportunity to
influence decisions;
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(c) the nature and extent of consultation will vary depending on the proposed
change and the likely impact on employees. Consultation on DPS policies may
occur over at least 2 weeks, whereas a major change is likely to require a
more extensive consultation process;
(d) consultation with employees and relevant union(s) on workplace matters
that significantly affect or materially impact them is sound management
practice; and
(e) the benefits of employee and union involvement and the right of employees
to be represented by their union.
10.3 Genuine and effective consultation involves:
(a) providing employees and the relevant union(s) with a genuine opportunity to
influence the decision prior to a decision being made;
(b) providing all relevant information to employees and the relevant union(s) in a
timely manner to support consideration of the issues;
(c) considering feedback from employees and the relevant union(s) in the
decision-making process; and
(d) advising employees and the relevant union(s) of the outcome of the process,
including how their feedback was considered in the decision-making process.
When consultation is required
10.4 Consultation is required in relation to:
(a) changes to work practices which materially alter how an employee carries
out their work;
(b) changes to or the introduction of policies or guidelines relevant to workplace
matters (unless the changes are minor or procedural);
(c) major change that is likely to have a significant effect on employees;
(d) implementation of decisions that significantly affect employees;
(e) changes to employees’ regular roster or ordinary hours of work (subject to
any other relevant provisions in this Agreement); and
(f) other workplace matters that are likely to significantly or materially impact
employees.
10.5 DPS, 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 DPS. 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
10.6 This clause applies if DPS:
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(a) proposes to introduce a major change to its production, program,
organisation, structure or technology in relation to its enterprise that it is
likely to have significant effect on the employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours of
work of employees.
Representation
10.7 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.
10.8 DPS must recognise the representative if:
(a) a relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative.
Major Change
10.9 In this clause, a major change is likely to have a significant effect on employees if it
results in, for example:
(a) the termination of the employment of employees; or
(b) major change to the composition, operation or size of the employer’s
workforce or to the skills required of employees; or
(c) the elimination or diminution of job opportunities (including opportunities
for promotion or tenure); or
(d) the alteration of hours of work; or
(e) the need to retrain employees; or
(f) the need to relocate employees to another workplace; or
(g) the restructuring of jobs.
10.10 The following additional consultation requirements in clause 10.11 to 10.17 apply to
a proposal to introduce a major change referred to in clause 10.4(c).
10.11 Consultation with employees and the relevant union(s) and/or recognised
representatives will occur prior to a decision being made, subject to clause 10.5.
10.12 Where practicable, a DPS 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.
10.13 DPS must notify employees and relevant union(s) and/or recognised representatives
of the proposal to introduce the major change as soon as practicable.
10.14 As soon as practicable after proposing the change, or notifying of the change in
circumstances described at clause 5, DPS must:
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(a) discuss with affected employees and relevant union(s) and/or other
recognised representatives:
(i) the proposed change;
i. the effect the proposed change is likely to have on the
employees; and
ii. proposed measures to avert or mitigate the adverse effect of
the proposed change on the employees; and
(ii) for the purposes of the discussion – provide, in writing, to employees
and the relevant union(s) and/or other recognised representatives:
i. all relevant information about the proposed change, including
the nature of the change proposed; and
ii. information about the expected effects of the proposed
change on the employees; and
iii. any other matters likely to affect the employees.
10.15 DPS 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.
10.16 However, DPS is not required to disclose confidential or commercially sensitive
information to employees and the relevant union(s) and/or other recognised
representatives.
10.17 If a term in this Agreement provides for a major change to production, program,
organisation, structure or technology in relation to the enterprise of DPS, the
requirements set out in clauses 10.11 to 10.15 are taken not to apply.
Changes to regular roster or ordinary hours of work
10.18 The following additional consultation requirements in clause 10.19 to 10.22 apply to
a proposal to introduce a change referred to in clause 10.4(e).
10.19 DPS must notify affected employees and the relevant union(s) and/or other
recognised representatives of the proposed change.
10.20 As soon as practicable after proposing to introduce the change, DPS must:
(a) discuss with employees and the relevant union(s) and/or other recognised
representatives the proposed introduction of the change; and
(b) for the purposes of the discussion – provide to the employees and relevant
union(s) and/or other recognised representatives:
(i) all relevant information about the proposed change, including the
nature of the proposed change; and
DPS Enterprise Agreement 2024 | Page 13
(ii) information about what the employer reasonably believes will be the
effects of the proposed change on the employees; and
(iii) information about any other matters that the employer reasonably
believes are likely to affect the employees; and
(c) invite employees and the relevant union(s) and/or other recognised
representatives to give their views about the impact of the change (including
any impact in relation to their family or caring responsibilities).
10.21 However, DPS is not required to disclose confidential or commercially sensitive
information to the relevant employees and the relevant union(s) and/or other
recognised representatives.
10.22 DPS 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
10.23 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.
11 DPS Consultative Committee
11.1 The Secretary may establish a DPS consultative committee to discuss relevant
workplace matters.
11.2 The DPS 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.
12 Work Health and Safety (WHS)
12.1 DPS is committed to providing its employees with a safe, healthy workplace and
working environment and a policy that enables effective cooperation with
employees on WHS matters. The WHS rights and responsibilities of the parties
covered by this Agreement are contained in the Work Health and Safety Act 2011
(Cth).
12.2 DPS will pay the actual cost of membership of the Parliament House Health and
Recreation Centre for each employee who wishes to join. Subject to guidelines
issued by the Secretary, DPS will provide funds for other measures including:
(a) employee-related health monitoring programs which, for example, may
include stress management programs or quit smoking programs;
(b) the provision of ergonomic assessments as requested and/or as required;
(c) eyesight tests every two years, and a maximum contribution of $175 for
eyewear; and
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(d) an annual vaccination program, open to all employees. This program will
include, but not be limited to, an influenza vaccine. Other “at risk”
vaccination programs may include hepatitis and tuberculosis. The “at risk"
vaccination program will be reviewed annually in consultation with
employees.
Employee Assistance Program
12.3 Employees, their partners, and their dependants/children will have access to a
confidential, professional counselling service to assist employees to manage personal
and work issues. This service will be provided at no cost to employees by DPS and
will be accessible on paid time.
13 Payment on Death
13.1 When an employee dies, or the Secretary has directed that an employee is presumed
to have died on a particular date, subject to any legal requirements, the Secretary
must authorise payments to the partner, dependants or legal representative of the
former employee, the amount to which the former employee would have been
entitled had they ceased employment through resignation or retirement, or where
legislation provides specifically for amounts calculated based on the death of the
employee, those amounts. If payment has not been made within a year of the
former employee’s death, it should be made to their legal representative.
14 Employee Representation
14.1 DPS respects the principles of freedom of association and recognises that it is every
employee’s right to freely decide whether or not to join and be represented by a
union in workplace matters.
14.2 DPS recognises that an employee may, in matters concerning their employment as
referenced throughout this Agreement, choose to have a representative of their
choice to support or represent them. DPS and the employee’s nominated
representative will deal with each other in good faith.
14.3 Employee representatives play an important role in maintaining a positive workplace
culture. DPS recognises that employees who represent other staff do so in addition
to their usual duties.
14.4 The role of employee representatives is to be respected and facilitated.
15 Delegates’ Rights
15.1 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 DPS.
15.2 The role of union delegates is to be respected and supported.
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15.3 DPS and union delegates will work together respectfully and collaboratively.
Supporting the role of union delegates
15.4 DPS respects the role of union delegates to:
(a) provide information, consult with and seek feedback from employees in the
workplace on workplace matters;
(b) consult with other delegates and union officials, and get advice and
assistance from union officials;
(c) represent the interests of members to the employer and industrial tribunals;
and
(d) represent members at relevant union forums, consultative committees or
bargaining.
15.5 DPS 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.
15.6 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.
15.7 To support the role of union delegates, DPS will, subject to legislative and
operational requirements, including privacy and security requirements:
(a) provide union delegates with reasonable access to DPS facilities and
resources, including for paid or unpaid meetings between employees and
their unions and to communicate with union officials;
(b) advise union delegates and other union officials of the DPS facilities and
resources available for their use, which may include telephone,
photocopying, internet, and email;
(c) allow reasonable official union communication appropriate to the DPS 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 DPS vetoing reasonable communications;
(d) provide access to new employees as part of induction; and
(e) provide reasonable access to union delegates to attend appropriate paid
time training in workplace relations matters, during normal working hours.
15.8 Where Parliamentary Service employees are elected as officials of a trade union or
professional association, they are not required to seek permission from DPS before
speaking publicly in that capacity, subject to the Parliamentary Service Code of
Conduct and legislative requirements.
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Part 2 – Working Arrangements
16 Hours of Duty
16.1 The ordinary hours of duty for a full time employee will be 37 hours 30 minutes per
week or an average of 7 hours 30 minutes per day to be worked within the hours of
6.00am to 6.00pm Monday to Friday unless otherwise agreed by the Secretary.
16.2 Subject to clause 23, hours of duty will generally be agreed between the employee
and their supervisor. Where agreement cannot be reached or where operational or
other arrangements exist the Secretary may require an employee or a group of
employees to work designated hours, within the timeframe stated in clause 16.1.
17 Workloads
17.1 DPS 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.
17.2 When determining workloads for an employee or group of employees, DPS will
consider the need for employees to strike a balance between their work and
personal life.
17.3 Where an employee or group of employees raise that they have experienced
significant workload pressures over a prolonged period of time, DPS and employee/s
together must review the employees’ workloads and priorities, and determine
appropriate strategies to manage the impact on the employee or group of
employees.
18 Part-Time Work
18.1 Employees engaged on a full-time basis will not be compelled to convert to part-time
employment.
18.2 Employees engaged on a part-time basis will not be compelled to convert to full-time
employment.
Regular part-time employment
18.3 Employees may be engaged on a regular part-time basis to work regular weekly
hours which are less than full-time hours.
18.4 Regular part-time employment may be initiated by either the Secretary
(management initiated) or by an employee (employee initiated). Employee initiated
part-time employment will only be implemented where it is consistent with the
operational arrangements of the workgroup, except for part-time employment in
accordance with clause 18.7.
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18.5 For full time employees converting to regular part-time employment, the period of
the arrangement will be specified in writing, with a maximum 12 month period. At
the end of this period, the employee will revert to full-time employment unless
otherwise agreed.
18.6 For employer and employee initiated regular part-time employment the Secretary
will agree in writing with the employee the number of hours to be worked and on
what days, with a minimum of three hours to be worked consecutively on any one
day. When directing a regular part-time employee to work additional hours, the
Secretary will be mindful of the reasons the employee is working part-time.
18.7 DPS is mindful of family friendly employment policies and in accordance with the FW
Act an employee returning to work from parental leave will have access to regular
part-time employment subject to clause 18.5.
18.8 Remuneration and other entitlements for regular part-time employees will be
calculated as a pro rata of full-time employment, based on hours worked. A regular
part-time employee will receive the same amount as a full-time employee for
allowances of a reimbursement nature.
18.9 If a regular part-time employee requests to work hours in addition to their agreed
hours on a given day, or additional days in a week, and their supervisor agrees, the
employee will be paid either single time or accrue flex credits for the additional
hours worked. If, due to these additional hours or days, the employee becomes
entitled to overtime, the provisions in clause 26 will apply.
18.10 Where a regular part-time employee is directed by their supervisor to perform duty
in excess of the employee’s agreed hours the additional duty will be paid as overtime
in accordance with clause 26.
18.11 For the purposes of clauses 18.9 and 18.10 “agreed hours” means the pattern of
daily working hours agreed under clause 18.6.
18.12 Annual and personal leave entitlements will accrue at a rate calculated as a pro rata
of the entitlement in this Agreement, based on the average over the week of the
ordinary hours agreed with the employee.
19 Sessional Part-Time Employment
19.1 Employees may be engaged on a sessional part-time basis to work a specified
number of days and weeks which is less than the number of days and weeks a full-
time employee would work in a year. Sessional part-time employment may be
initiated by either the Secretary (management initiated) or by an employee
(employee initiated).
19.2 For employee initiated sessional part-time employment the Secretary will agree with
the employee in writing the hours and specified days the employee will work. Unless
determined otherwise in consultation with the employee, 7 hours and 30 minutes
will be the ordinary hours of duty for each specified day, or an average 7 hours and
DPS Enterprise Agreement 2024 | Page 18
30 minutes where the employee is working flexible hours. When asking a sessional
part-time employee to work additional hours or days, the Secretary will be mindful
of the reason the employee is working as a sessional part-time employee.
19.3 For management initiated sessional part-time employment the number of specified
days will be determined by the Secretary in consultation with employees. The
ordinary hours of duty on the specified days will be the same as set out in clause
19.2.
19.4 Subject to mutual Agreement, a sessional part-time employee may perform their
duties on a day other than their agreed days. If a change of this nature is made to the
days of work for a sessional part-time employee, the employee will be paid at their
ordinary rate for the day or hours worked.
19.5 Where a sessional part-time employee requests, and with the agreement of the
Secretary, performs duties in excess of their agreed hours on any day or during any
week they will be paid single time or accrue flextime credits in accordance with
clause 23.
19.6 Where a sessional part-time employee is directed by their supervisor to perform
duty in excess of the employee’s agreed hours on a day the additional duty will be
paid as overtime in accordance with clause 26.
19.7 For the purposes of clauses 19.5 and 19.6 “agreed hours” means the pattern of daily
working hours, and days of work, agreed under clauses 19.2 and 19.3.
19.8 Annual and personal leave entitlements for sessional part-time employees will
accrue at a rate calculated as a pro rata of the entitlement in this Agreement, and
will be based on the number of ordinary hours worked in each fortnight.
19.9 Sessional part-time employees will be paid at single time for any public holiday not
worked that falls within a weekly period of specified days or other days worked
under clause 19.4. A period of specified days or other days worked includes either
the day (or days) worked before or after a public holiday.
20 Casual (irregular or intermittent) employment
20.1 A casual (irregular or intermittent) employee is defined in Appendix C.
20.2 A decision to expand the use of casual employees is subject to clause 10 of this
Agreement.
20.3 DPS will regularly review the working arrangements of casuals to assess if they are
genuinely performing irregular and intermittent duties, and report de-identified
outcomes to the consultative committee, where one is in place.
20.4 Remuneration for casual employees will be 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.
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20.5 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.
20.6 A casual employee will be engaged for a minimum of 3 hours per engagement or will
be paid for a minimum of 3 hours at the appropriate casual rate.
20.7 A casual employee who is eligible for the workplace responsibility allowance will be
paid the full amount.
21 Non-ongoing employment
21.1 A non-ongoing employee is defined in Appendix C.
21.2 Non-ongoing employees will generally have the same terms and conditions of
employment as ongoing employees under this Agreement’s terms, except:
(a) personal/carer’s leave accrual at clause 32; and
(b) redundancy provisions at Part 8, subject to clause 21.3.
21.3 If the non-ongoing employee’s contract is not permitted by section 333E of the FW
Act, then the redundancy provisions at Part 8 will apply.
21.4 If the redundancy provisions apply to an employee under clause 21.3, DPS must
adhere to the consultation requirements at clause 10.
22 Meal Breaks
22.1 Employees will take a meal break of at least 30 minutes within or at five hours of
continuous duty. A supervisor may agree to a request by an employee to take their
meal break at a later time, where they are operationally able to do so.
22.2 If, due to operational requirements, an employee is directed or, in the case of an
employee supporting interstate parliamentary committees, is required to continue
work immediately after five hours continuous duty, overtime at the relevant rate will
be paid from that time until at least a 30 minute meal break is taken.
23 Flextime
23.1 Flextime is a system of flexible working arrangements which enables employees and
their supervisors to vary working hours and patterns.
23.2 The flextime provisions prescribed in clauses 23.1 to 23.10 apply to all employees
who are classified at or below Parliamentary Service Level 6 (PSL 6), except shift
workers and casual employees.
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23.3 These flextime arrangements are based on the following principles:
(a) flextime is a cooperative arrangement between management and employees,
which provides for flexible working hours for employees to balance their
work and personal lives and optimal organisational flexibility to meet
operational requirements and deliver client services;
(b) supervisors accept their responsibility for the effective and fair administration
of flextime arrangements;
(c) supervisors and employees recognise and accept their mutual responsibility
to integrate the management of working hours and leave planning, including
flextime and flex leave, into their overall approach to work planning; and
(d) participation in flextime is conditional on employees accurately recording
times of attendance.
23.4 The Secretary may direct that flextime does not apply to an employee for a specified
period:
(a) where there is insufficient work outside the employees ordinary hours;
(b) due to operational requirements;
(c) where an employee does not adhere to the flextime requirements; or
(d) where the employee’s supervisor reasonably considers the employee’s
attendance is unsatisfactory.
23.5 Where access to flextime is withdrawn the employee will work a standard day of 7
hours 30 minutes between the hours of 8.30am and 12.30pm and 1.30pm and
5.00pm unless otherwise agreed by the Secretary.
Accrual of flextime credits and debits
23.6 An employee entitled to accrue flextime may accumulate flex credits on an hour for
hour basis.
23.7 There will be a settlement period of four weeks. Employees may accrue a maximum
flex credit of 75 hours in the four week settlement period. The maximum flex credit
that can be carried forward at the end of a settlement period is 75 hours. Employees
may take up to 75 hours flex leave in any settlement period. This restriction on
taking flextime leave does not apply when an employee formally advises their
intention to cease employment with DPS. Where an employee is unable to reduce
their flex credit below 75 hours within two settlement periods, the employee may
request in writing that the balance in excess of 75 hours be paid out. This payment
will be made at the employee’s ordinary rate of pay.
23.8 Employees will use their flextime credits before leaving DPS and supervisors will not
prevent this from happening.
23.9 On cessation the employee’s flex credit will be paid out as part of their final
entitlement on an hour-for-hour basis where they have not been able to reduce their
balance prior to ceasing employment.
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23.10 Where an employee exceeds the maximum flex debit of 10 hours at the end of two
consecutive four-week settlement periods, an employee may request to use annual
leave or their accrued TOIL credits to reduce the hours in excess of the 10 hour debit.
Should the employee have insufficient annual leave or TOIL credits to reduce the
debit to 10 hours, the amount exceeding 10 hours will be treated as leave without
pay and a deduction made from the employee’s salary to restore the employee’s flex
debit to 10 hours. On cessation, an employee’s outstanding flex debit will be
deducted from any final payment.
24 Working Arrangements for Employees at Parliamentary Executive
Levels (PEL1 and 2)
24.1 It is acknowledged that, to meet operational requirements, PEL employees may be
required to work additional hours from time to time. It is also acknowledged that
PEL employees may be directed to work additional hours on a parliamentary sitting
night.
24.2 It is therefore important that PEL employees be assured that working agreed
additional hours, as stated in clause 24.1, will be recognised through a “time off in
lieu” (PELTOIL) arrangement.
24.3 The specific details of when the employee will work and how PELTOIL arrangements
will work in practice will be agreed between the employee and their supervisor but it
should be noted that, other than the additional working hours described in clause
24.4, an “hour for hour” accrual of PELTOIL is not envisaged.
24.4 For PEL1 employees, a PELTOIL scheme will operate in respect to those hours worked
in excess of 40 hours a week for a full-time employee and pro-rata hours for a part-
time employee. Under this scheme, those hours worked in excess of 40 hours a
week will accrue as PELTOIL on an “hour for hour” basis.
24.5 The operation of these arrangements requires PEL1 employees to maintain a record
of their working hours. PEL1 employees will be able to accrue up to 37 hours 30
minutes of PELTOIL.
24.6 It is considered good management practice to grant any time off under these
arrangements as soon as practicable after PELTOIL has accrued. An employee who
has accrued the maximum PELTOIL allowed for under clause 24.5 will be granted an
agreed amount of time off within three months of reaching the PELTOIL maximum.
24.7 PEL1 employees cannot cash out any accrued PELTOIL on ceasing employment with
DPS or go into debit under this scheme.
24.8 Where excessively long hours are worked consistently, PEL employees and their
supervisors should discuss this with a view to identifying the underlying issues and
finding acceptable solutions to address the cause such as re-allocation of workload.
24.9 The Secretary will direct employees not to work excessively long hours, or hours in
excess of the standard day for an extended number of days.
DPS Enterprise Agreement 2024 | Page 22
24.10 The Secretary may approve payment of an allowance of four per cent of annual
salary, on a case-by-case basis, to PEL employees who are required to perform extra
duties on a regular and continuing basis in support of the Parliament outside of
ordinary hours. This allowance will count as salary for superannuation purposes.
25 Shift Work
25.1 The Secretary may require employees to work their ordinary hours of duty outside
the hours of 6.00am to 6.00pm Monday to Friday. Where this is the case the
supervisor will provide employees with shift rosters that specify the days on which
the employee is required to work and the commencing and finishing times for each
day. Clause 25 does not apply to employees who work designated hours.
25.2 The application of the provisions of this clause will operate in accordance with the
following principles, except as provided in the workgroup-specific Schedules of this
Agreement:
(a) roster arrangements will meet operational requirements, and where
practicable, efforts will be made to accommodate employee preferences in
order to facilitate a healthy work-life balance;
(b) roster arrangements may be varied to meet the needs of a particular work
area;
(c) variations to roster arrangements may also be implemented on an individual
basis subject to mutual agreement between the employee and their
supervisor;
(d) a full time employee will work an average of 37 hours 30 minutes per week to
be reconciled over the roster cycle;
(e) a period of ordinary duty will not exceed 7 hours 30 minutes within a 24 hour
period;
(f) unless an employee agrees, there will be no requirement to work more than
seven consecutive 7 hour 30 minute night shifts, and night shifts will be
worked as a block of no less than three consecutive night shifts;
(g) the start and finish times of rosters will not be varied for the sole purpose of
reducing shift penalty payments;
(h) employees will not be required to work more than sixteen consecutive hours
inclusive of overtime;
(i) DPS will ensure that employees have access to the minimum break provisions
of the Agreement. Rosters will not be varied for the sole purpose of ensuring
that an employee undertakes a full shift following the application of the
minimum break provision;
(j) where practicable, DPS will provide employees with 28 days’ notice of any
change to an established roster pattern;
(k) shift rosters will be provided at least seven days before the commencement
of the shift. Should that notice not be given, the employee will be paid at the
appropriate overtime rates until seven days notice has been provided. The
notice period will not apply to changes to shift rosters arising out of the
unscheduled absence of another employee.
DPS Enterprise Agreement 2024 | Page 23
(l) where an employee is required to work in excess of an average of 37 hours 30
minutes per week, DPS and employees will ensure that the additional hours
are not excessive having regard to:
(i) any additional overtime hours or overtime shifts already worked over
the four weeks ending immediately before the request to work the
additional hours; and
(ii) any additional risk to the employee’s health and safety that either the
employee makes known to DPS, or any other work related factor of
which DPS is aware.
25.3 An employee, who performs ordinary duty any part of which falls between the hours
of 6:00pm and 6:00am, Monday to Friday, will be entitled to payment of the
following shift penalties:
(a) 15 per cent for each shift in which any part of duty is performed between the
hours of 6:00pm and 12:00am.
(b) 34 per cent for each shift in which any part of duty is performed between the
hours of 12:00am and 6:00am.
25.4 An employee who performs ordinary duty on a Saturday will be entitled to a 50 per
cent shift penalty for all rostered hours worked.
25.5 An employee who performs ordinary duty on a Sunday, will be entitled to a 100 per
cent shift penalty for all rostered hours worked.
25.6 An employee rostered off duty on a public holiday will be entitled to a 100 per cent
shift penalty for all hours the employee would have worked had the day not been a
public holiday.
25.7 An employee who performs ordinary duty on a public holiday will be entitled to a
150 per cent shift penalty for all rostered hours worked.
25.8 Where an employee works their ordinary hours of duty between the hours of
6:00pm and 8:00am Monday to Friday for a continuous period exceeding four weeks,
a 30 per cent penalty will apply.
26 Overtime
26.1 Overtime will be paid to all employees who are classified at or below Parliamentary
Service Level 6 and who are directed by their supervisor to work:
(a) in excess of 7 hours 30 minutes on any day Monday to Friday, or
(b) when directed by their supervisor to work on weekends and public holidays
when the employee would not normally be rostered for ordinary duty.
For overtime which is not contiguous with ordinary hours, a minimum of four hours
overtime will be paid.
DPS Enterprise Agreement 2024 | Page 24
26.2 Where an employee works overtime, the following rates of payment will apply:
(a) time and a half for the first three hours worked on Monday to Saturday;
(b) double time for overtime worked in excess of three hours on Monday to
Saturday and for overtime worked on Sundays;
(c) double time and a half for overtime worked on a public holiday outside the
employee’s normal hours of duty and time and a half within their normal
hours as employees have already been paid for the public holiday in base
salary.
26.3 In calculating the employee’s hourly rate of pay, the divisor will be 37.5.
26.4 Employees, other than casual employees, may opt to accrue time off in lieu of
overtime payments (TOIL). The TOIL to be accrued will be calculated by multiplying
the number of hours overtime worked by the relevant factor specified in clause 26.2.
26.5 An employee who works overtime between two periods of ordinary duty will have a
minimum break of ten hours before returning to duty. Where the employee is
directed to return to duty without having a ten hour break, the employee will be
paid at double time rates until such time as the employee has had a ten hour break.
26.6 If an employee has an existing period of duty which commences at a time prior to
the end of the minimum break contained in clause 26.5, the employee will not be
required to attend duty until they have had the minimum break. The employee will
not suffer a loss of pay, leave credits, flextime hours or TOIL, due to the operation of
this clause.
27 Job Security
Commitment to ongoing employment regarding rebuilding Parliamentary Service capacity
27.1 The Parliamentary Service is a career-based parliamentary service. In its engagement
decisions, DPS recognises that the usual basis for engagement is an ongoing
Parliamentary Service employee.
Reporting
27.2 Where a consultative committee is in place, DPS will report to the DPS 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 DPS.
Pathways to permanency
27.3 DPS will comply with the casual conversion provision of the FW Act. In addition, DPS
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.
DPS Enterprise Agreement 2024 | Page 25
28 Flexible Working Arrangements
28.1 DPS, employees and their unions recognise:
(a) the importance of an appropriate balance between employees’ personal and
working lives, and the role flexible working arrangements can play in helping
to achieve this balance;
(b) access to flexible work can support strategies to improve diversity in
employment and leadership in the Parliamentary Service;
(c) access to flexible work supports Parliamentary Service capability, and can
assist in attracting and retaining the employees needed to deliver for the
Australian community, including employees located at a wider range of
locations;
(d) that flexibility applies to all roles in DPS, and different types of flexible
working arrangements may be suitable for different types of roles or
circumstances; and
(e) requests for flexible working arrangements are to be considered on a case-
by-case basis, with a bias towards approving requests.
28.2 DPS is committed to engaging with employees and their union to build a culture that
supports flexible working arrangements across DPS at all levels. This may include
developing and implementing strategies through a DPS consultative committee.
28.3 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
28.4 The following provisions do not diminish an employee’s entitlement under the NES.
28.5 An employee may make a request for a formal flexible working arrangement.
28.6 The request must:
(a) be in writing;
(b) set out details of the change sought (including the type of arrangement
sought and the proposed period the arrangement will operate for); and
(c) set out the reasons for the change, noting the reasons for the change may
relate to the circumstances set out at section 65(1A) of the FW Act
28.7 The Secretary must provide a written response to a request within 21 days of
receiving the request.
28.8 The response must:
(a) state that the Secretary approves the request and provide the relevant detail
in clause 28.9; or
(b) if following discussion between DPS and the employee, DPS 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
DPS Enterprise Agreement 2024 | Page 26
(c) state that the Secretary refuses the request and include the following
matters:
(i) details of the reasons for the refusal; and
(ii) set out DPS’ particular business grounds for refusing the request,
explain how those grounds apply to the request; and
(iii) either:
i. set out the changes (other than the requested change) in the
employee’s working arrangements that would accommodate,
to any extent, the employee’s circumstances outlined in the
request and that DPS would be willing to make; or
ii. state that there are no such changes; and
(iv) state that a decision to refuse the request, or failure to provide a
written response within 21 days is subject to the dispute resolution
procedures of the Enterprise Agreement, and if the employee is an
eligible employee under the FW Act the dispute resolution procedures
outlined in section 65B and 65C of the FW Act.
28.9 Where the Secretary approves the request this will form an arrangement between
DPS and the employee. Each arrangement must be in writing and set out:
(a) any security and work health and safety requirements;
(b) a review date (subject to clause 28.13); and
(c) the cost of establishment (if any).
28.10 The Secretary may refuse to approve the request only if:
(a) DPS has discussed the request with the employee; and
(b) DPS has genuinely tried to reach an agreement with the employee about
making changes to the employee’s working arrangements to accommodate
the employee’s circumstances (subject to any reasonable business grounds
for refusal); and
(c) DPS and the employee have not reached such an agreement; and
(d) DPS has had regard to the consequences of the refusal for the employee; and
(e) the refusal is on reasonable business grounds.
28.11 Reasonable business grounds include, but are not limited to:
(a) the new working arrangements requested would be too costly for DPS;
(b) there is no capacity to change the working arrangements of other employees
to accommodate the new working arrangements requested;
(c) it would be impractical to change the working arrangements of other
employees, or to recruit new employees, to accommodate the new working
arrangements requested;
(d) the new working arrangements requested would be likely to result in a
significant loss in efficiency or productivity;
(e) the new working arrangements requested would be likely to have a
significant negative impact on customer service;
DPS Enterprise Agreement 2024 | Page 27
(f) it would not be possible to accommodate the working arrangements without
significant changes to security requirements, or where work health and
safety risks cannot be mitigated.
28.12 For First Nations employees, DPS must consider connection to country and cultural
obligation in responding to requests for altering the location of work.
28.13 Approved flexible working arrangements will be reviewed by DPS 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
28.14 An employee may request to vary an approved flexible working arrangement in
accordance with clause 28.6. An employee may request to pause or terminate an
approved flexible working arrangement.
28.15 The Secretary may vary, pause or terminate an approved flexible working
arrangement on reasonable business grounds, subject to clause 27.17.
28.16 DPS must provide reasonable notice if varying, pausing or terminating a flexible
working arrangement without the agreement of the employee, having regard to the
circumstances of the employee. Exceptions to this requirement are urgent and
critical operational circumstances or an employee’s demonstrated and repeated
failure to comply with the agreed arrangements.
28.17 Prior to the Secretary varying, pausing or terminating the arrangement under clause
28.15, DPS must have:
(a) discussed with the employee their intention to vary, pause or terminate the
arrangement with the employee;
(b) genuinely tried to reach an agreement with the employee about making
changes to the employee’s working arrangements to accommodate the
employee’s circumstances (subject to any reasonable business grounds for
alteration);
(c) had regard to the consequences of the variation, pause or termination for
the employee;
(d) ensured the variation, pause or termination is on reasonable business
grounds; and
(e) informed the employee in writing of the variation, pause or termination to
the approved flexible working arrangement, including details set out in clause
28.8(c).
Working from home
28.18 DPS 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.
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28.19 DPS may provide equipment necessary for, or reimbursement, for all or part of the
costs associated with establishing a working at home arrangement.
28.20 An employee working at home is covered by the same employment conditions as an
employee working at an office site under this Agreement.
28.21 DPS will provide employees with guidance on working from home safely.
28.22 Employees will not be required by DPS 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, DPS will consider
the circumstances of the employees and options to achieve work outcomes safely.
Ad-hoc arrangements
28.23 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.
28.24 Employees should, where practicable, make the request in writing and provide as
much notice as possible.
28.25 Requests for ad-hoc arrangements are not subject to the request and approval
processes detailed in clauses 28.4 to 28.13.
28.26 DPS 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.
28.27 Where a regular pattern of requests for ad-hoc arrangements from an employee
emerges, DPS should consider whether it is appropriate to seek to formalise the
arrangement with the employee.
Altering span of hours
28.28 An employee may request to work an alternative regular span of hours (bandwidth
hours). If approved by the Secretary, hours worked on this basis will be treated as
regular working hours and will not attract overtime payments. DPS will not request
or require that any employee alter their regular span of hours (bandwidth hours)
under these provisions.
DPS Enterprise Agreement 2024 | Page 29
Part 3 – Leave
29 General Matters
29.1 Subject to:
(a) available credits;
(b) leave, other than long service leave and paid maternity leave, not being
deducted from credits for a public holiday(s) when the total leave period
includes a public holiday(s); and
(c) any other conditions specified in the Agreement,
the Secretary may approve applications for leave in accordance with this Part.
29.2 Where an employee who is absent on approved leave is recalled to duty the
Secretary will authorise reimbursement to the employee of reasonable travel,
accommodation and incidental expenses not otherwise recoverable under any
insurance or from any other source.
29.3 Where an employee takes a part of a day as approved leave, the sum of the leave
taken and the hours worked on that day must not exceed the employee’s agreed
hours for that day.
30 Portability of Accrued Leave Entitlements
30.1 If an employee moves (including on promotion or for an agreed period) to DPS from
another Parliamentary Service Department or APS agency, and was an ongoing
employee at the time of the move, the employee’s unused accrued annual and
personal/carer’s leave (however described) will be recognised, provided there is no
break in the continuity of service.
30.2 Where an employee is engaged in DPS immediately following a period of ongoing
employment in the ACT Government Service, a non-APS Commonwealth agency or
the High Court, the employee’s unused personal/carer’s leave will be recognised
unless the employee received payment in lieu of those entitlements on cessation of
employment.
30.3 Where an employee is engaged as an ongoing employee in DPS, 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.
30.4 Where an employee is engaged as a non-ongoing DPS 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.
DPS Enterprise Agreement 2024 | Page 30
30.5 Where an employee is engaged as an ongoing employee in DPS, and immediately
prior to the engagement the person was employed by a Commonwealth
Government entity, the Secretary will recognise any unused accrued personal/carer’s
leave at the employee’s request. The Secretary will advise the employee of their
ability to make this request.
30.6 Where an employee is engaged as an ongoing employee in DPS, and immediately
prior to the engagement the person was employed by a State or Territory
Government, the Secretary may recognise any unused accrued personal/carer’s
leave, provided there is not a break in continuity of service.
30.7 Employees commencing from any other organisation may negotiate the recognition
of annual and/or personal leave credits up to the time of their commencement of
employment in DPS.
31 Recognition of Prior Service
31.1 Where an employee was previously employed in the Parliamentary Service; the ACT
Government Service; a non-APS Commonwealth agency; the High Court or under the
Public Service Act 1999, and there has been a break in service of not more than two
calendar months, prior service for personal leave purposes may be recognised.
Where the engaged employee has received a redundancy payment, prior service for
personal leave purposes will not be recognised.
32 Personal/Carer’s Leave
Entitlement
32.1 An employee, except a casual employee, is entitled to accrue personal/carer’s leave
at the rate of 19 days per annum.
32.2 The credit accrued by employees will be reduced on a pro rata basis for any leave
without pay not counting as service totalling more than 30 calendar days in a
calendar year.
32.3 Personal/carer’s leave, both paid and unpaid will count as service for all purposes.
Usage
32.4 Personal/carer’s leave is to be used:
(a) due to personal illness or injury of an employee;
(b) to attend appointments with a registered health practitioner;
(c) to manage a chronic condition;
(d) other significant personal circumstances requiring the employee’s absence
from duty; and/or
(e) to provide care or support for a family or household member or a person
they have caring responsibilities for, because:
DPS Enterprise Agreement 2024 | Page 31
(i) of a personal illness or injury affecting the other person
(ii) of an unexpected emergency affecting the other person.
32.5 An employee absent from the workplace on personal leave will inform their
supervisor as soon as is practicable.
Carers
32.6 A person that an employee has caring responsibilities for may include a person who
needs care because they:
(a) have a medical condition, including when they are in hospital;
(b) have a mental illness;
(c) have a disability;
(d) are frail or aged; and/or
(e) are a child, not limited to a child of the employee.
Evidence
32.7 Evidence may be requested after:
(a) more than 3 consecutive days; and
(b) more than 8 days without evidence in a calendar year.
32.8 Acceptable evidence includes:
(a) a certificate from a registered health practitioner;
(b) a statutory declaration; and
(c) another form of evidence approved by the Secretary.
32.9 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.
Accrual
32.10 For an ongoing employee, 19 days personal/carer’s leave will be credited upon the
employee’s commencement with DPS. In subsequent years, the employee’s leave
will accrue and be credited daily.
32.11 For a non-ongoing employee, the personal/carer’s leave will be credited upon the
employee’s commencement with DPS. This will be 19 days leave pro-rated based on
the employee’s initial contract period, and is capped at 19 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 and be credited
daily.
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32.12 A casual employee may be absent without pay when not fit for work due to personal
illness or injury. A casual employee may access 2 days unpaid carer’s leave per
occasion, consistent with the NES.
32.13 Leave at half pay may be approved by the Secretary.
32.14 Personal leave credits cannot be paid out on separation from DPS. An employee will
not, without the employee's consent, be retired on invalidity grounds before the
employee's full-pay personal leave credit has expired.
33 Compassionate Leave
33.1 Employees will be eligible for 3 days paid compassionate leave on each occasion
when:
(a) a member of their family, household or someone they have a close
personal relationship with contracts, develops or sustains a life-
threatening illness or injury; or
(b) the employee or their partner has a miscarriage.
33.2 Compassionate leave for an occasion may be taken as 3 consecutive days or in
separate periods totalling 3 days. This can include part days.
33.3 For casual employees, compassionate leave is unpaid.
33.4 An employee may be asked to provide evidence to support their absences on
compassionate leave.
34 Bereavement Leave
34.1 Employees will be eligible for 3 days paid bereavement leave on each occasion when:
(a) a member of their family, household or someone they had a close personal
relationship with dies; or
(b) a child is stillborn, where the child was a member of their family (including a
member of their household).
34.2 An employee may be asked to provide evidence to support their absences on
bereavement leave.
34.3 Bereavement leave for an occasion may be taken as 3 consecutive days or in
separate periods totalling 3 days. This can include part days.
34.4 For casual employees, bereavement leave is unpaid.
DPS Enterprise Agreement 2024 | Page 33
35 Annual Leave
35.1 The purpose of annual leave is to provide employees with the opportunity for a
reasonable break from work. All employees are therefore encouraged to take their
annual leave in the year of accrual.
Entitlement
35.2 An employee, except a casual employee, will accrue an annual leave credit of four
weeks at full pay per year of service. Annual leave will be credited daily. Annual
leave accruals are cumulative, subject to clause 35.8.
35.3 Shift workers required to perform ordinary duty on Sundays will be granted an
additional half-day annual leave for each Sunday worked, up to a maximum of five
days in any calendar year.
35.4 The provisions of clause 35.3 do not apply where:
(a) an employee’s salary has a component added to compensate for regular shift
work on Sundays.
35.5 The credit accrued by employees will be reduced on a pro rata basis for any leave
without pay not counting as service totalling more than 30 calendar days in a
calendar year.
34.6 Accrued annual leave credits will be paid in lieu to an employee on resignation,
retirement or termination of employment, or to their dependant(s) or legal
representative on the employee’s death.
35.7 Miscellaneous leave without pay, or any extended leave, will not be artificially split
with annual leave or long service leave, including as a means to maximise use of
public holidays or to maintain eligibility for superannuation contributions, unless
otherwise provided for by legislation.
Accumulation of annual leave
35.8 Where an employee has an extensive accumulation of annual leave (greater than
eight weeks for a full-time employee, pro rata for a part-time employee or greater
than ten weeks for a shift worker) the employee may be directed by the Secretary to
take annual leave during a particular period, subject to:
(a) an employee being provided with a minimum of four weeks notice to take
annual leave; and
(b) the maximum amount of leave an employee can be directed to take is 1/4 of
the employee’s accrued leave at the date of the notice; and
(c) there is no prior agreement between the employee and their supervisor to
accumulate an excess of annual leave for use at an agreed time.
DPS Enterprise Agreement 2024 | Page 34
Annual leave on half pay
35.9 Annual leave may be taken on half pay where this is requested by the employee and
approval will be subject to operational requirements. Where an employee takes
annual leave at half pay, annual leave credits will be deducted at half the duration of
the leave.
Cashing out of Annual Leave
35.10 The Secretary may approve a written application by an employee to cash-out an
amount of annual leave of up to four weeks per calendar year.
35.11 Where such approval is given, the employee will be paid a lump sum payment
equivalent to the amount that would have been payable to the employee had they
taken the amount of leave considered in the written application noted in 35.10.
35.12 Approval of an application to cash out annual leave is subject to:
(a) the employee having taken at least ten days of annual leave in the 12 month
period before the application to cash out annual leave; and
(b) the employee having, after the cashing out, an accrued entitlement to paid
annual leave of at least four weeks.
36 Purchased Leave
36.1 Subject to approval by the Secretary, employees may elect to purchase up to an
additional six weeks leave each year. Leave is to be purchased in one week blocks,
with the minimum amount that may be purchased being one week.
36.2 Once an election has been made, an employee’s salary payments will be averaged
over a period no greater than 12 months to ensure a standard payment is received
each fortnight.
36.3 Purchased leave counts as service for all purposes. The employee’s salary for
superannuation purposes is their salary as if they had not purchased leave.
37 Parental Leave
37.1 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
secondary caregiver for the particular parental leave period, and cannot switch roles
for the purpose of accessing additional paid leave.
37.2 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
DPS Enterprise Agreement 2024 | Page 35
birth. Medical certification requirements for the pregnant employee will be as
required by the ML Act.
37.3 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.
37.4 A primary caregiver, secondary caregiver and ML Act is defined in Appendix C.
Payment during parental leave
37.5 An employee is entitled to parental leave with pay as per clauses 37.7 and 37.8
below within the parental leave period. Any further parental leave during the
parental leave period is without pay. Unused paid parental leave remaining at the
end of the employee’s parental leave period will lapse. An employee may choose to
use their accrued paid leave entitlements in accordance with usage and eligibility
requirements in this Agreement during the parental leave period that would
otherwise be without pay.
37.6 Employees newly engaged or who have moved to DPS from an APS agency are
eligible for the paid parental leave clause in clauses 37.7 and 37.8 where such paid
leave had not already been provided by another APS 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 or APS employer is less than the
limits specified in clauses 37.7 and 37.8 the balance is available to the employee.
37.7 An employee who is a primary caregiver is entitled to parental leave with pay during
the parental leave period to a maximum of 18 weeks as provided in Table 1 [Primary
caregivers – circumstances for paid parental leave] below:
Table 1: Primary caregivers – circumstances for paid parental leave
Paid leave entitlements 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
37.8 An employee who is a secondary caregiver is entitled to parental leave with pay
during the parental leave period as provided in Table 2 [Secondary caregivers –
circumstances for paid parental leave] below.
DPS Enterprise Agreement 2024 | Page 36
Table 2: Secondary caregivers – circumstances for paid parental leave
Period which coincides with the
parental leave period for the
secondary caregiver
Parental Leave with pay under this
Agreement
From the commencement of the
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 11 January 2027 14 weeks, or top up to 14 weeks where a
lesser period of parental leave has
already been provided
On and from 12 January 2027 18 weeks, or top up to 18 weeks where a
lesser period of parental leave has
already been provided
37.9 Flexibility: Parental Leave with pay, whether provided as maternity leave under the
ML Act or under this Agreement, can be accessed flexibly during the parental leave
period and does not have to be taken in a single block. For the avoidance of doubt,
parental leave can be used to replicate a part time work arrangement, and can be
taken concurrently with another parent in relation to the same child.
37.10 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.
37.11 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
37.12 An employee who is a primary caregiver or secondary caregiver is entitled to
parental leave in accordance with this Agreement for adoption or long-term foster
care, provided that the child:
(a) is under 16 as at the day (or expected day) of placement;
(b) has not lived continuously with the employee for a period of six months or
more as at the day (or expected day) of placement; and
(c) is not (otherwise than because of the adoption) a child of the employee or
the employee’s spouse or de facto partner.
37.13 Documentary evidence of approval for adoption or enduring parental responsibilities
under formal fostering arrangements must be submitted when applying for parental
leave for adoption or long-term foster carer purposes.
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Stillbirth
37.14 Parents of a stillborn child remain eligible for parental leave, except for paid leave for
the secondary caregiver which is two weeks.
37.15 A stillborn child is a child:
(a) who weighs at least 400 g at delivery or whose period of gestation was 20
weeks or more; and
(b) who has not breathed since delivery; and
(c) whose heart has not beaten since delivery.
Pregnancy loss leave
37.16 A pregnant employee who experiences, or an employee whose 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.
37.17 Pregnancy loss leave is in addition to entitlements to compassionate leave for
miscarriage provided under the FW Act and this Agreement.
Premature birth leave
37.18 In circumstances of a live birth before 37 weeks’ gestation a pregnant employee, or
an employee whose 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
37.19 Employees eligible for paid leave under the ML Act are required under legislation to
use their paid maternity leave first. In this circumstance, the employee may
postpone their paid premature birth leave otherwise payable under clause 37.18
until after the legislated paid maternity leave is used.
38 Miscellaneous Leave
38.1 The Secretary may grant an employee miscellaneous leave with or without pay for
purposes not covered by other leave types. The Secretary will determine if such
leave will count as service and if so for what purposes.
39 Long Service Leave
39.1 An employee is eligible for long service leave in accordance with the Long Service
Leave (Commonwealth Employees) Act 1976.
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39.2 The minimum period for which long service leave will be granted is 7 calendar days
(whether taken at full or half pay). Long service leave cannot be broken with other
periods of leave, except as otherwise provided by legislation or provided for in the
re-crediting of leave clause at 41 of this Agreement.
40 Cultural, Ceremonial and NAIDOC Leave
NAIDOC Leave
40.1 First Nations employees may access up to one day of paid leave per calendar year to
participate in NAIDOC week activities.
40.2 NAIDOC leave can be taken in part days.
First Nationals Ceremonial Leave
40.3 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.
40.4 The Secretary may approve additional leave for cultural or ceremonial purposes as
miscellaneous leave, with or without pay.
40.5 First Nations ceremonial Leave can be taken as part days.
40.6 First Nations ceremonial leave is in addition to compassionate and bereavement
leave.
Cultural Leave
40.7 The Secretary may grant up to 3 days of paid leave per calendar year for the purpose
of attending significant religious or cultural obligations associated with the
employees’ particular faith or culture.
40.8 The Secretary may approve additional leave for cultural purposes as miscellaneous
leave, with or without pay.
40.9 Cultural leave can be taken as part days.
40.10 For the avoidance of doubt, this leave does not cover cultural purposes or
obligations which are eligible for paid leave under clause 40.3.
41 Re-crediting of Leave
41.1 When an employee is on:
(a) annual leave;
(b) purchased leave;
(c) defence reservist leave;
(d) First Nations ceremonial leave;
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(e) NAIDOC leave;
(f) cultural leave; or
(g) long service leave; and
becomes eligible for, under legislation or this Agreement:
(a) personal/carer’s leave;
(b) compassionate or bereavement leave;
(c) jury duty;
(d) emergency services leave;
(e) leave to attend to family and domestic violence circumstances; or
(f) parental leave, premature birth leave, stillbirth leave or pregnancy loss leave;
the affected period of leave will be re-credited.
41.2 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.
41.3 Re-crediting is subject to appropriate evidence of eligibility for the substituted leave.
42 Close-down and Additional Holiday
42.1 Employees, except casual employees, will be granted the two working days between
Christmas and New Year as close-down with pay.
42.2 Employees directed to work on a close-down day will be granted a day in lieu.
42.3 Shift workers rostered off on a close-down day will be granted a day in lieu.
42.4 Employees will be granted an additional holiday between Christmas and New Year.
The additional holiday is to be observed on the next normal business day after the
Boxing Day holiday. Overtime and penalty payments for this day will be as for public
holidays.
43 Public Holidays
43.1 Employees are entitled to the following holidays each year as observed at their
normal work location in accordance with the FW Act:
(a) 1 January (New Year’s Day);
(b) 26 January (Australia Day);
(c) Good Friday and the following Monday;
(d) 25 April (ANZAC Day);
(e) the King’s birthday holiday (on the day on which it is celebrated in a State or
Territory or a region of a State or Territory);
(f) 25 December (Christmas Day);
(g) 26 December (Boxing Day);
(h) any other day, or part day, declared or prescribed by or under a law of a State
or Territory to be observed generally within the State or Territory, or a region
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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.
43.2 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.
43.3 The Secretary and an employee may agree on the substitution of a day or part day
that would otherwise be a public holiday, having regard to operational requirements.
43.4 The Secretary and an employee may agree to substitute a cultural or religious day of
significance to the employee for any day that is a prescribed holiday. If the employee
cannot work on the prescribed holiday, the employee will be required to work make-
up time at times to be agreed. This substitution does not impact or reduce an
employee’s entitlement to First Nations ceremonial leave, NAIDOC leave or cultural
leave.
43.5 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.
43.6 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.)
43.7 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 43.1(a) to 43.1(h).
43.8 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.
43.9 Where a full-time employee, including but not limited to employees on compressed
hours, has a regular planned day off which would fall on a public holiday, the
Secretary may allow the employee to change their planned day off so that it does not
fall on a public holiday. If it is not possible to change their planned day off, the
employee will be credited an equivalent amount of time to their regular hours for
the day in flex credits or PEL TOIL in recognition of the planned day off.
43.10 Where a shift worker is rostered off on a public holiday, the employee may elect to
be granted an additional days leave in lieu of payment under clause 25.6.
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43.11 The Secretary may require all or part of DPS to be kept open on a public holiday in
the interests of service to the Parliament or the public. If so, the relevant overtime
and/or shift penalty provisions of Part 2 of the Agreement apply.
44 Defence Reservists Leave
44.1 The Secretary will give an employee leave with or without pay to undertake:
(a) Australian Defence Force (ADF) Reserve continuous full-time service (CFTS);
and
(b) Australian Defence Force Cadet obligations.
44.2 An employee who is a Defence Reservist can take leave with pay for:
(a) up to 4 weeks (20 days) in each financial year (pro-rata for part-time
employees); and
(b) an extra 2 weeks (10 days) in the first year of ADF Reserve service (pro-rata
for part-time employees).
44.3 Leave can be built up and taken over 2 consecutive years. This includes the extra 2
weeks in the first year of service.
44.4 An employee who is an Australian Defence Force Cadet officer or instructor can get
paid leave up to 3 weeks in each financial year to perform their duties. Australian
Defence Force Cadets means:
(a) Australian Navy Cadets;
(b) Australian Army Cadets; and
(c) Australian Air Force Cadets.
44.5 In addition to the entitlement at clause 44.2, 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.
44.6 Employees are to notify their supervisor at the earliest opportunity once the dates
are known and/or changed.
44.7 Paid defence reservist leave counts for service.
44.8 Unpaid defence reservist leave for 6 months or less counts as service for all
purposes. This includes periods of CFTS.
44.9 Unpaid leave taken over 6 months counts as service, except for annual leave.
44.10 An employee will not need to pay their tax free ADF Reserve salary to their agency
for any reason.
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45 Defence Service Sick Leave
45.1 An employee is eligible for defence service sick leave credits when the Department
of Veterans Affairs (DVA) has certified that an employee’s medical condition is as a
result of either:
(a) warlike service; or
(b) non-warlike service.
45.2 An eligible employee can get 2 types of credits:
(a) an initial credit of 9 weeks (45 days) defence service sick leave (pro-rata for
part-time employees) will apply as at the following dates, whichever is later:
(i) they start employment with DPS; or
(ii) DVA certifies the condition.
(b) an annual credit of 3 weeks (15 days) defence service sick leave (pro-rata for
part-time employees).
45.3 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.
45.4 Unused annual credits can be built up to 9 weeks.
45.5 An employee cannot use annual credits until the initial credit is exhausted.
45.6 Defence service sick leave is paid and counts as service for all purposes.
46 Community Service Leave
46.1 Community service leave with or without pay is available to enable employees to
undertake eligible community service activity. Consistent with sections 108 to 112 of
the FW Act, such activity includes:
(a) Jury service (including attendance for jury selection) required by a law of the
Commonwealth, State or Territory; and
(b) a voluntary emergency management activity.
47 Jury Duty
47.1 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.
47.2 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.
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(a) For the purposes of this clause, full rate of pay is to be as if the employee was
at work.
47.3 The employee is required to inform their manager before they are released from
duty and provide evidence of the need to attend.
47.4 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 DPS for the period of absence. This will be administered in accordance
with the overpayments clause.
48 Emergency Response Leave
48.1 In line with section 108 of the FW Act, an employee who engages in an eligible
community service activity can get emergency response leave to volunteer for
emergency management duties for:
(a) the time engaged in the activity;
(b) reasonable travelling time; and
(c) reasonable recovery time.
48.2 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 Secretary
may provide additional emergency response leave with pay.
(a) For the purposes of this clause, full rate of pay is to be as if the employee was
at work.
48.3 Paid leave may be refused where the employee’s role is essential to DPS’ response to
the emergency.
48.4 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.
48.5 The Secretary may approve reasonable paid or unpaid leave for ceremonial duties
and training.
48.6 Emergency response leave, with or without pay, will count as service.
49 Leave to attend proceedings
49.1 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.
49.2 An employee who is not covered under clause 49.1, and is required to give evidence
to, appear before or attend to instruct a representative at a Court, Tribunal or Royal
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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 DPSs.
49.3 An employee may otherwise be granted paid or unpaid miscellaneous leave by the
Secretary if required to give evidence to a Court, Tribunal or Royal Commission for
any other reason. Where approval for unpaid leave is given, the employee may elect
to use accrued annual leave, flex leave or time off in lieu.
49.4 The Secretary may refuse to release an employee from duty having regard to
business requirements and whether the employee’s attendance is necessary for the
Court, Tribunal or Royal Commission hearing.
50 Blood Donation
50.1 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.
50.2 The employee must inform their manager in advance of when they will be away from
work before donating blood, plasma or platelets.
51 Lactation and Breastfeeding Support
51.1 Reasonable paid time during work hours will be provided for lactation breaks for
breastfeeding, expressing milk and other associated activities.
51.2 DPS will provide access to appropriate facilities for the purpose of breastfeeding or
expressing milk, subject to clause 51.3. In considering whether a space is
appropriate, DPS will consider whether:
(a) there is access to refrigeration;
(b) the space is lockable; and
(c) there are facilities needed for expressing such as appropriate seating.
51.3 Where it is not practicable for the DPS site to have a designated space, a flexible
approach will be taken so that the employee can access the support required.
51.4 DPS will facilitate discussion between individual employees and their managers
about accommodating the employee’s lactation needs and practical arrangements to
meet these needs.
51.5 The manager and employee will 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 change over time.
51.6 Further information is available in policy.
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52 Disaster Support
52.1 Where an official disaster or emergency is declared and this prevents an employee
from reasonably attending work, or where it impacts their household or home, the
Secretary will consider flexible working arrangements to assist the employee to
perform their work.
52.2 Where flexible working arrangements are not appropriate, the Secretary may grant
paid miscellaneous leave to an employee with regard to the scale and nature of the
emergency. This leave counts as service and may be approved retrospectively.
52.3 In considering what period of leave is appropriate, the Secretary will take into
account the safety of the employee, their family and household and advice from
local, State and Commonwealth authorities.
Part 4 – Employee Support and Workplace Culture
53 Respect at Work
Principles
53.1 DPS values a safe, respectful and inclusive workplace free from physical and
psychological harm, harassment, discrimination and bullying. DPS recognises that
preventing sexual harassment, sex discrimination, sex-based harassment and
victimisation in the workplace is a priority.
53.2 DPS 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
53.3 DPS 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.
Diversity
53.4 DPS recognises the value of a diverse workforce in helping DPS fulfil its mission, and
will strive to reflect the diversity of the Australian community in its workforce.
53.5 DPS will adopt measures to improve the diversity of parliamentary workplaces,
particularly Aboriginal and Torres Strait Islander employees, employees with
disability, employees from culturally or linguistically diverse backgrounds, women,
members of the LGBTQIA+ community and mature age workers.
53.6 This may include recruitment and retention strategies, employment targets, use of
identified and affirmative measures positions, and cultural awareness training.
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Employees with lived experience will have the opportunity to contribute to the
efforts to improve diversity in employment and leadership.
53.7 Employee Networks will be facilitated within DPS to promote a diverse, safe, and
inclusive workplace for all employees.
54 Family and domestic violence support
54.1 DPS will provide support for employees affected by family and domestic violence,
depending on the employee’s circumstances.
54.2 DPS recognises that a holistic approach should be taken to support the employee,
appropriate for the employee’s individual circumstances.
54.3 Family and domestic violence support provisions, including paid leave, are available
to all employees covered by this Agreement.
54.4 An employee experiencing family and domestic violence is able to access paid
miscellaneous leave. Reasons an employee experiencing family and domestic
violence may access this leave include, but are not limited to:
(a) illness or injury affecting the employee resulting from family and domestic
violence;
(b) providing care or support to a family or household member who is also
experiencing family and domestic violence, and is ill or injured as a result of
family and domestic violence;
(c) providing care or support to a family member (including a household
member) who is also experiencing family and domestic violence, and is
affected by an unexpected emergency as a result of family and domestic
violence;
(d) making arrangements for the employee’s safety, or the safety of a close
relative;
(e) accessing alternative accommodation;
(f) accessing police services;
(g) attending court hearings;
(h) attending counselling; and
(i) attending appointments with medical, financial or legal professionals.
54.5 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.
54.6 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.
54.7 These provisions do not reduce an employee’s entitlement to family and domestic
violence leave under the NES.
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54.8 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.
54.9 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.
54.10 Evidence may be requested to support DPS 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 DPS will require, unless the
employee chooses to provide another form of evidence.
54.11 An employee may also choose to provide other forms of evidence, including a
medical certificate, or document issued by the Police Service, a Court, a Doctor,
district Nurse, a Family Violence Support Service or Lawyer.
54.12 DPS will take all reasonable measures to treat information relating to family and
domestic violence confidentially. DPS will adopt a ‘need to know’ approach regarding
communication of an employee’s experience of family and domestic violence,
subject to steps DPS may need to take to ensure the safety of the employee, other
employees or persons, or mandatory reporting requirements.
54.13 Where DPS needs to disclose confidential information for purposes identified in
clause 54.12, where it is possible DPS will seek the employee’s consent and take
practical steps to minimise any associated safety risks for the employee and/or
privacy breaches.
54.14 DPS 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.
54.15 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.
54.16 DPS 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.
54.17 Further information about leave and other support available to employees affected
by family and domestic violence may be found in policy.
55 Integrity in the Parliamentary Service
55.1 DPS understands that procedural fairness is essential in building and maintaining
trust with Parliamentary Service employees, and that it requires fair and impartial
processes for employees affected by Parliamentary Service or DPS’ decisions.
55.2 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
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not be disadvantaged or discriminated against because they have given advice in
accordance with their expertise or professional qualifications and in accordance with
the Parliamentary Service Code of Conduct in the PS Act.
55.3 Employees can, during their ordinary work hours, take time to:
(a) access to services provided by a professional association such as a law society
or in DPS;
(b) attend DPS mandated training about integrity.
Part 5 – Salary
56 Classification Structure
56.1 The DPS classification structure is set out in Appendix A to this Agreement.
57 Work Level Standards
57.1 The APS Work Level Standards continue to operate and describe the work at each of
the classification levels in this Agreement, consistent with the Parliamentary Service
Classification Rules 2010, made in accordance with section 23 of the PS Act.
58 Salary Setting
58.1 Where an employee is engaged, moves to or is promoted in DPS, the employee’s
salary will be paid at the minimum of the salary range of the relevant classification,
unless the Secretary determines a higher salary within the relevant salary range
under these salary setting clauses.
58.2 The Secretary may determine the payment of salary at a higher value within the
relevant salary range of the relevant classification and the date of effect at any time.
58.3 In determining a salary under these salary setting clauses, the Secretary will have
regard to relevant factors including the employee’s experience, qualifications and
skills.
58.4 Where an employee commences ongoing employment in DPS immediately following
a period of non-ongoing employment in DPS for a specified term or task, the
Secretary will determine the payment of the employee’s salary within the relevant
salary range of the relevant classification which recognises the employee’s prior
service as a non-ongoing employee in DPS.
58.5 Where an employee commences ongoing employment in DPS immediately following
a period of casual employment in DPS, the Secretary 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 DPS.
58.6 Where the Secretary determines that an employee’s salary has been incorrectly set,
the Secretary may determine the correct salary and the date of effect.
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59 Salary Maintenance
59.1 A person transferring at level to DPS from another Parliamentary Service, APS or
other Commonwealth agency, and whose salary prior to the transfer is greater than
the maximum salary for the applicable DPS classification, will be paid the higher
salary until the DPS salary rate for that classification, as varied from time to time
under this Agreement, is equal to or exceeds the salary the person was receiving on
the date of transfer.
59.2 Where a person moves to DPS from another Parliamentary Service, APS or other
Commonwealth agency at the equivalent Parliamentary Service classification and his
or her substantive salary before the transfer is not aligned with the DPS salary range
and is below the top pay point of the DPS salary range in place at the time, his or her
salary will be increased to the next highest pay point in the DPS salary range on
commencement unless otherwise determined by the Secretary.
60 Salary Advancement
Within a classification
60.1 Subject to the Performance Management Scheme arrangements set out in Part 7 of
this Agreement, if an employee’s performance is rated “effective” or better the
employee’s salary will advance to the next higher pay point for the employees
classification. Parliamentary Executive Level 2 employees will only progress beyond
pay point PEL2.5 where they are rated “highly effective” or better as a result of the
Performance Management Scheme set out in Part 7 of this Agreement.
Within a broadband
60.2 If an employee’s performance is rated “effective” or better as a result of the
Performance Management Scheme set out in by Part 7 of this Agreement and meets
any requirements set out in a Schedule to this Agreement the employee’s salary will
advance to the next higher pay point contained in Appendix B of this Agreement.
61 Incremental Advancement Principles
61.1 Subject to the eligibility requirements under clause 60 of this Agreement, an
employee will be eligible for salary advancement under clause 60 of this Agreement
if an employee has:
(a) a satisfactory performance rating of “effective” or better during the
employee’s most recent performance review as a result of the Performance
Management Scheme set out in by Part 7 of this Agreement; and
(b) 6 months of aggregate eligible service in DPS at or above the relevant
classification level during the most recent annual performance management
cycle. If an employee has less than 6 months of aggregate eligible service, the
Secretary may exercise their discretion to determine a higher salary.
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61.2 Eligible service for salary advancement will include:
(a) periods of paid leave and unpaid parental leave;
(b) periods of unpaid leave that count as service; and
(c) service while employed on a non-ongoing basis.
61.3 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.
61.4 Employees who are acting at a higher classification, and satisfy other eligibility
criteria, will be eligible for salary advancement at both their substantive and acting
classifications.
62 Reduction in Salary
62.1 A reduction in salary will only occur under sub-section 23(4) of the PS Act, under the
Determinations or as a result of the processes set out in Part 7 of this Agreement.
63 Broadbanding
63.1 The Secretary may approve a broadband of all or part of the DPS classification
structure to suit operational arrangements. Broadbanded classifications existing at
the commencement of this Agreement will continue to operate.
63.2 The provisions of clause 63.1 are subject to any classification rules made by the
Presiding Officers pursuant to section 23 of the PS Act.
64 Adjustments to Rates of Pay
64.1 Salary rates will be as set out in Appendix A and Appendix B of this Agreement.
Adjustments to salary rates and allowances from 12 January 2024 will only apply to
employees who are currently engaged at the commencement of this Agreement or
are engaged after the commencement of this Agreement.
64.2 Employees who are covered by clause 64.1 and who commenced employment on or
after 12 January 2024 will have their salary increased from their date of
commencement with DPS.
64.3 The base salary rates in Appendix A and Appendix B include the following increases:
(a) 4.0 per cent from the first full pay period on or after 12 January 2024;
(b) 3.8 per cent from the first full pay period on or after 12 January 2025; and
(c) 3.4 per cent from the first full pay period on or after 12 January 2026.
65 Payment of Salary
65.1 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:
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Fortnightly salary = 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝑠𝑠𝐴𝐴𝐴𝐴𝐴𝐴𝑠𝑠𝑠𝑠 𝑥𝑥 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.
66 Superannuation
66.1 DPS will make compulsory employer contributions as required by the applicable
legislation and fund requirements.
66.2 Employer superannuation contributions will be paid on behalf of employees during
periods of paid leave that count as service.
66.3 DPS 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 Departments payroll system.
66.4 Employees who are aged 75 or over who meet legislative requirements, including the
work test, are eligible to become members of the PSSap and DPS will make
contributions in accordance with clause 66.1.
Method for calculating superannuation salary
66.5 DPS will provide an employer contribution of 15.4 per cent of the employee’s
Ordinary Time Earnings (OTE) for employees in the Public Sector Superannuation
Accumulation Plan (PSSap) and employees in other accumulation funds.
66.6 Employer contributions will be made for all employees covered by this Agreement.
66.7 Employer contributions will not be reduced by any other contributions made through
salary sacrifice arrangements.
Payment during unpaid parental leave
66.8 Employer contributions will be paid on periods of unpaid parental leave at the
employee’s nominal base salary for periods of leave up to a maximum of 52 weeks.
66.9 DPS will make employer superannuation contributions to any eligible
superannuation fund, provided that it accepts payment by fortnightly EFT using a file
generated by the Departments payroll system.
67 Overpayments
67.1 An overpayment occurs if the Secretary (or DPS) 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).
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67.2 Where the Secretary considers that an overpayment has occurred, the Secretary will
provide the employee with notice in writing. The notice will provide details of the
overpayment.
67.3 If an employee disagrees that there has been an overpayment including the amount
of the overpayment, they will advise the Secretary in writing within 28 calendar days
of receiving the notice. In this event, no further action will be taken until the
employee’s response has been reviewed.
67.4 If after considering the employee’s response (if any), the Secretary confirms that an
overpayment has occurred, the overpayment will be treated as a debt to the
Commonwealth that must be repaid to DPS in full by the employee.
67.5 The Secretary and the employee will discuss a suitable recovery arrangement. A
recovery arrangement will take into account the nature and amount of the debt, the
employee’s circumstances and any potential hardship to the employee. The
arrangement will be documented in writing.
67.6 DPS and employee may agree to make deduction from final monies where there is
an outstanding payment upon cessation of employment.
67.7 Interest will not be charged on overpayments.
67.8 Nothing in clause 67.1 to 67.7 prevents:
(a) DPS from pursuing recovery of the debt in accordance with an Accountable
Authority Instruction issued under the Public Governance, Performance and
Accountability Act 2013;
(b) DPS from pursuing recovery of the debt through other available legal
avenues; or
(c) the employee or DPS from seeking approval to waive the debt under the
Public Governance, Performance and Accountability Act 2013.
68 Salary Sacrifice
68.1 The Secretary may approve proposals from individual employees to salary sacrifice
superannuation and other agreed items provided the proposal is consistent with
Australian Taxation Office guidelines and DPS policy. Salary sacrifice should be cost
neutral to DPS.
68.2 If an arrangement for salary sacrifice is approved, salary for superannuation,
severance and termination purposes will be calculated as if the arrangement had not
been entered into.
69 Cadet Rates of Pay
69.1 Cadet rates of pay as a percentage of the PSL 1-equivalent adult rate of pay will apply
as follows:
(a) Practical training @ 100 per cent
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(b) Full-time study @ 57 per cent
70 Apprentices
70.1 Where an employee is apprenticed in accordance with the provisions the FW Act; the
salary payable in the respective years of the apprenticeship will be the following
percentages of the minimum salary range of the APPSL2 broadband contained at
Appendix B of this Agreement.
70.2 Where the Secretary certifies that an apprentice has performed at a superior level in
the theory and practice of a trade covered by this Agreement, then the salary
payable to the apprentice in the following year will be 2.5 per cent higher than the
appropriate rates calculated in accordance with clause 64.3.
70.3 At the end of an apprenticeship if:
(a) a vacancy occurs;
(b) the apprentice has been determined as having satisfactory performance; and
(c) the apprentice meets the selection criteria for the vacancy,
the Secretary may engage the apprentice to the vacancy without further action.
70.4 In such circumstances the apprentice will be engaged at the applicable classification
and applicable rate of pay relevant to the engagement (as adjusted in accordance
with clause 64.3).
70.5 If an apprentice gains a trade certificate before the end of the normal completion
period, and a vacancy does not exist or occur, DPS will continue the employment of
that apprentice until the end of the normal completion period.
70.6 In such circumstances, payment to the apprentice on gaining a trade certificate will
be at the applicable classification and applicable rate of pay relevant to the
engagement (as adjusted in accordance with clause 64.3).
70.7 An apprentice who is 21 years of age or over, or an apprentice who has a spouse,
partner or dependant(s), will be paid the minimum salary range of the APPSL2
broadband (as adjusted in accordance with clause 64.3). Clause 70.1 of this
Agreement will not apply but employees will have access to the provisions of clause
70.2.
First six months 45.0 per cent
Second six months 48.7 per cent
Second Year 63.4 per cent
Third Year 77.0 per cent
Fourth Year 91.3 per cent
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71 Apprenticeships for Ongoing DPS Employees
71.1 Clauses 71.2 and 71.3 apply only to apprentices who were ongoing DPS employees
before commencing their apprenticeship.
71.2 An apprentice covered by this clause will be paid the minimum salary range of the
APPSL2 broadband at Appendix B of this Agreement and clause 70.1 of this
Agreement will not apply. The Secretary can determine a higher rate of pay having
regard to the circumstances of the apprenticeship.
71.3 An apprentice covered by this clause will, on the completion of the apprenticeship,
be paid at least at the rate that the apprentice was being paid (as adjusted in
accordance with clause 64.3) before commencing the apprenticeship.
72 Supported Wage System
72.1 An employee may be paid a percentage of the relevant pay rate for their
classification in line with their assessed capacity to do the work if they:
(a) have a disability;
(b) meet the criteria for a Disability Support Pension; and
(c) are unable to perform duties to the capacity required.
72.2 Specific conditions relating to the supported wage system are detailed at Appendix
E.
Part 6 – Allowances
Information about payments and allowances and their recognition as salary for particular
purposes is set out in Attachment F.
73 Restriction Duty Allowance
73.1 The Secretary may require an employee to be contactable and available to perform
extra duty outside the employee’s ordinary hours of duty. The provisions of clauses
73.2 to 73.6 do not apply where an employee’s salary has been adjusted to include a
component to compensate for restriction.
73.2 An employee classified at or below a PSL 6 who is required to be contactable and
available to perform extra duty in accordance with clause 73.1 will be paid an
allowance as shown in Table 3 [restriction duty allowance for PSL1-6] below:
Table 3 – restriction duty allowance for PSL1-6
Rate Rate from the
commencement
of the
Agreement
Rate from 12
January 2025
Rate from
12 January
2026
Daily rate $60.61 $62.92 $65.05
Weekly rate $424.29 $440.41 $455.38
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73.3 An additional $60 is payable if an employee is required to be contactable and
available to perform extra duty in accordance with clause 73.1 on a day that is a
public holiday as prescribed in clause 43.1.
73.4 The Secretary may approve payment of restriction duty allowance, on a case-by-case
basis, to Parliamentary Executive Level employees who are directed to participate in
a restricted duties arrangement. Payment will be at the same rate as prescribed in
clause 73.2 for PSL1-6 employees.
73.5 Where an employee on restriction is required to work from home, or over the
phone, the employee will be paid at the appropriate overtime rate for any actual
duty performed.
73.6 Where an employee is on restriction and they are recalled to the work place,
payment for that duty will be in accordance with the provisions prescribed in clause
26 subject to payment of:
(a) a minimum period of four hours at the overtime rate which includes travel
time if the employee uses Cabcharge; or
(b) a minimum payment of four hours at the overtime rate plus one hour travel
time at the overtime rate if the employee uses their own means of transport.
74 Higher Duties Allowance
74.1 The Secretary may temporarily re-assign an employee to duties at a higher
classification level.
74.2 An employee who performs all the duties of a higher classification for a period of
two weeks or more will be paid an allowance, equal to the difference between the
employee’s own salary and the salary the employee would receive if promoted to
the higher classification, from the date of commencement of the higher duties.
74.3 Where non-SES employees are required to temporarily perform work in an SES job
for a period of two weeks or more, they will be remunerated at a rate determined by
the Secretary.
74.4 Where an employee performs part of the duties of a higher classification for a period
of two weeks or more, the Secretary may determine the amount of higher duties
allowance payable and the conditions under which it is paid.
74.5 The provisions of clauses 74.1 to 74.4 will not be manipulated to avoid payment of
higher duties allowance over longer periods.
74.6 An allowance granted under clause 74.1 to 74.4 will be regarded as salary for all
purposes, except where that is inconsistent with other provisions of this Agreement,
or instruments read in conjunction with this Agreement.
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74.7 An employee who is performing higher duties, and who is granted paid leave or
observes a public holiday, will continue to receive higher duties allowance during
that absence as if the employee would have continued to act but for the absence.
74.8 Where an employee performs all the duties of a position in a higher classification,
but the position requires a formal qualification that the employee does not have, the
allowance payable under clauses 74.1 to 74.4 may still be paid.
74.9 The requirement to work at the higher level for a period of two weeks as prescribed
in clauses 74.1 to 74.4 can be waived, in full or in part, by the Secretary.
74.10 Higher duties allowance will be payable while an employee is acting at a higher
classification as part of a job sharing arrangement where the duration of the
arrangement is at least 2 working weeks.
75 Motor Vehicle Allowance
75.1 As a general principle, employees required to travel for official purposes will use
public transport, a departmental vehicle or a taxi. The following provisions apply
only when this is not possible. It is expected such situations would be infrequent and
usually occur at short notice. It is not expected that these provisions would be used
on a regular basis.
75.2 If an employee is required to use his or her private car for official purposes the
employee will be paid an allowance per kilometre travelled at the rate specified from
time to time by the Australian Taxation Office for reimbursement of car expenses.
76 Travel and Travel Allowance
76.1 Where an employee is required to be absent from Canberra on official duties, DPS
will meet reasonable meal and incidental costs as determined by the Secretary.
76.2 Information regarding the booking of travel is set out in the DPS Finance Procedures.
76.3 The rate of travel allowance, either charged to the DPS credit card, or paid to the
employee, will not be more than those set out as the lower of the “Reasonable
amounts for domestic travel allowance” within the applicable ATO Ruling. In the
event that the Australian Taxation Office does not continue to provide these rates,
the rates of the allowance will be determined by the Secretary.
76.4 If the Secretary believes that these rates are not sufficient to cover reasonable
expenses, they may authorise the additional cost or payment of additional money to
the employee.
76.5 Where accommodation or meals are provided as part of the official business and
have been paid for by DPS, the allowance payable will be reduced by the relevant
component.
76.6 An employee who is traveling interstate on business and becomes ill and is unable to
return home due to this illness will be paid travel allowance in accordance with
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clause 76.3. If the employee is seriously ill and unable to return home due to this
illness, the Secretary may, on compassionate grounds, reimburse the cost of a return
air fare for one close relative to visit the ill employee or to assist the employee to
return home.
76.7 The Secretary will determine conditions that will apply to employees travelling
overseas.
76.8 The Secretary may approve membership costs for airline corporate lounges for
employees who are required to travel interstate on a regular and frequent basis.
76.9 Travel on departmental business should, wherever possible, be undertaken during
the hours of 6am to 6pm. Travel is to be treated as duty and to be paid in accordance
with the provisions of Part 2.
77 Workplace Responsibility Allowances
77.1 A workplace responsibility allowance will be paid where an employee who is
appointed by DPS or elected by eligible peers to one of the following roles:
(a) First Aid Officer;
(b) Health and Safety Representative;
(c) Emergency Warden;
(d) Harassment Contact Officer; and
(e) Mental Health First Aid Officer.
77.2 An employee is not to receive more than one workplace responsibility allowance
unless approved by the Secretary due to operational requirements.
77.3 The minimum rate of payment for this allowance is outlined in Table 4 [Workplace
Responsibility Allowances] below.
Table 4 – workplace responsibility allowances
Rate from the
commencement of the
agreement
Rate from 12 January
2025
Rate from 12 January
2026
$30.51 per fortnight $31.67 per fortnight $32.75 per fortnight
77.4 As a salary-related allowance, this value will continue to be increased in line with
headline wage increases. These increases are incorporated in the minimum rates in
the table above.
77.5 The full allowance is payable regardless of flexible work and part-time arrangements.
77.6 An employee’s physical availability to undertake the role will be considered by
agencies when appointing and reappointing employees to these roles. This is noting
that not all workplace responsibility roles will necessarily require a physical presence
in the workplace for the role to be successfully undertaken, such as Harassment
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Contact Officers, Mental First Aid Officers and Health and Safety Representatives
depending on work group arrangements.
77.7 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.
78 Community Language Allowance
78.1 A community language allowance will be paid where the Secretary determines that
an employee is regularly required to use their ability to communicate in Braille or a
language other than English (including First Nations languages and AUSLAN) in the
course of their work, and the employee meets the required level of competency set
by the Secretary. Further information is included in policy.
78.2 The allowance is paid in accordance with the employee’s level of competency and in
line with Table 5 [community language allowance] below.
Table 5 – community language allowance
Rate Standard
Rate from the
commencement
of the
agreement
Rate from
12 January
2025
Rate from
12 January 2026
1
An employee who has
adequate language
skills, as determined
by an individual or
body approved by the
Secretary, for simple
communication.
$1,435
per annum
$1,490
per annum
$1,541
per annum
2
An employee who is
certified by the
National
Accreditation
Authority for
Translators and
Interpreters (NAATI)
as a Translator or
Interpreter at any
level; or is assessed to
be at the equivalent
level by an individual
or body approved by
the Secretary.
$2,870
per annum
$2,979
per annum
$3,080
per annum
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78.3 The allowance is calculated annually and paid fortnightly.
78.4 The full allowance is payable regardless of flexible work and part-time arrangements.
78.5 The allowance is payable during periods of paid leave.
78.6 The allowance counts as salary for superannuation purposes and for calculating
retirement and redundancy entitlements.
79 Other Payments
79.1 The Secretary may, in exceptional circumstances, determine other payments and
conditions for employees above the provisions of this Agreement. An employee
must not be disadvantaged by a determination made under this clause. Where the
Secretary makes a determination under this clause, the matter will be referred to the
DPS Consultative Committee for information, however this advice will not involve
the provision of information that identifies an individual employee.
80 Reimbursement of Costs
Relocation assistance
80.1 Where an existing employee is required to relocate at the request of the DPS (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.
80.2 Where an employee is required to relocate on engagement with DPS, the employee
will be provided with financial relocation assistance.
80.3 Reasonable expenses associated with the relocation include:
(a) the cost of transport of the employee, dependants and partner by the most
economical means;
(b) removal expenses, namely the reimbursement of reasonable incurred costs
of the removal of furniture and household effects of the employee,
dependants and partner;
(c) the reimbursement of the cost of the insurance premium based on a
reasonable replacement value; and
(d) the reasonably incurred expenses in kennelling and transport of pets, up to
the amount specified in the PDSE Award.
80.4 Additional relocation assistance may be considered by Secretary discretion.
Loss or damage to clothing and personal effects
80.5 The Secretary may approve reimbursement to an employee for loss or damage to
clothing or personal effects that occurred in the course of the employee’s work
where the employee does not receive reimbursement or compensation from any
other source and provided that:
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(a) the loss or damage was caused through a fault with Commonwealth property
or goods; or
(b) the loss or damage was caused through an act or omission of another
Commonwealth employee; or
(c) the loss or damage occurred while protecting Commonwealth goods or
property; or
(d) the Secretary considers the loss or damage may reasonably be attributable to
the performance of the employee’s duties.
Protective clothing and uniforms
80.6 Employees will be provided with protective clothing, uniforms and footwear. Further
information is available in DPS policy, as amended from time to time in consultation
with employees.
80.7 The Secretary may determine that employees, or work groups are paid a Footwear
Allowance of $304 per annum to purchase shoes as part of their uniform. This will be
paid on the first pay day after 1 March each year.
Additional work-related costs
80.8 The Secretary may authorise reimbursement of reasonable additional expenses
incurred by an employee arising out of an unscheduled or unanticipated requirement
to work ordinary or extra duty. This may include where:
(a) the employee is required to travel away from their normal workplace at short
notice; or
(b) the employee is directed to work additional hours, outside the employee's
regular hours of work at short notice; or
(c) the employee’s scheduled working hours are changed without being provided
seven days notice.
81 Licence Allowances
81.1 Employees who are required to hold a current plumbing, electrical, refrigeration,
advanced gasfitter or Alimak licence issued by the appropriate Licensing Authority
will have the amounts outlined in Table 6 [Licence Allowances] below added to their
relevant annual salary:
Table 6 – licence allowances
Licence Rate from the
commencement of
the agreement
Rate from
12 January 2025
Rate from
12 January 2026
Plumbing $1,560 $1,620 $1,675
Electrical $1,560 $1,620 $1,675
Refrigeration $1,560 $1,620 $1,675
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Licence Rate from the
commencement of
the agreement
Rate from
12 January 2025
Rate from
12 January 2026
Advanced Gasfitters $1,560 $1,620 $1,675
Alimak $1,248 $1,296 $1,340
82 Loading Dock Screening Allowance
82.1 Employees will be entitled to payment of an hourly loading dock allowance where
they:
(a) are on one of the permanent Loading Dock roster lines, or backfilling; and
(b) have successfully completed the additional training prescribed for Loading
Dock officers in order to assess the mail and other items received in the
Loading Dock.
82.2 The allowance for the purpose of clause 82.1 will be paid as outlined in Table 7
[Loading Dock Screening Allowance] below.
Table 7 – loading dock screening allowance
Rate from 12 January
2024
Rate from 12 January
2025
Rate from
12 January 2026
$0.97 per hour $1.01 per hour $1.04 per hour
82.3 This allowance is to be paid fortnightly and will count as salary for superannuation
and all other purposes.
Part 7 – People and Performance
83 Studies Assistance
83.1 DPS recognises that employees are the most valuable asset to the organisation and is
committed to their continuous learning and development.
83.2 Employees undertaking studies that are relevant to the employee’s duties, career
development, or offer a benefit to the Department, will be eligible for study leave,
study assistance or both. Training and development activities should be identified
through the DPS Performance Management Scheme and documented through the
employees IWP.
83.3 Where an employee is eligible for study leave, the current and planned workloads
will be adjusted taking into account any expected absence due to study
commitments.
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84 Performance Management
84.1 All ongoing and non-ongoing employees are required to participate in DPS’
performance management scheme.
84.2 DPS will develop a performance management policy that sets out a performance
appraisal process that focuses on both the achievement of business outcomes and
the individual learning and development needs of employees. For the duration of
this Agreement the Consultative Committee will be consulted on any proposed
changes to the existing policy before a revised is finalised.
84.3 Managers and supervisors will agree an IWP by 1 August or within four weeks of an
employee commencing in a new role, whichever is the earlier. Subject to mutual
Agreement the IWP can be varied through the performance cycle when work
requirements change.
84.4 The performance management cycle will commence on 1 July and conclude on 30
June each year.
84.5 Performance-based salary advancement will occur where an overall rating of
effective or higher is achieved and the employee has not already reached the top of
their salary range.
84.6 IWPs should identify skill development opportunities to support employees to meet
their performance goals.
Underperformance
84.7 If at any time the performance and/or behaviours of an employee are not meeting
expected standards, the supervisor and the employee are to work together through
regular communication and feedback, ensuring that expectations are clear,
measurable, and achievable.
84.8 Where performance continues to fall below the standard expected, a performance
assessment process will commence.
84.9 Further information is available in the policy. For the duration of this agreement the
Consultative Committee will be consulted on any proposed changes to the existing
policy before a revised policy is finalised.
84.10 The underperformance process prescribed under the policy does not apply to an
employee during a period of probation or to a non-ongoing employee.
85 Training and Development
85.1 DPS recognises that its employees are a valuable resource and is committed to the
continuous learning and development of its employees.
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86 First Nations Cultural Competency Training
86.1 The Secretary will take reasonable steps to ensure all substantive, ongoing PEL2
employees employed at the commencement of this Agreement or any new
substantive, ongoing PEL2 employees who commence within the first 6 months of
this Agreement will complete relevant First Nations cultural competency training
within 12 months of the commencement of the Agreement.
86.2 Any new substantive, ongoing PEL2 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.
Part 8 – Resignation, Retention, Redeployment, and
Redundancy
87 Application
87.1 The provisions in this part do not apply to non-ongoing employees or employees on
probation.
88 Resignation
88.1 An employee may resign from their employment by giving the Secretary at least 14
calendar days’ notice.
88.2 At the instigation of the Secretary, the resignation may take effect at an earlier date
within the notice period. In such cases, the employee will receive paid compensation
in lieu of the notice period which is not worked.
88.3 The Secretary has the discretion to agree to a shorter period of notice or waive the
requirement to give notice.
89 Managing Excess Employees
Application
89.1 An employee is an excess employee if:
(a) the employee is unable to contribute to the efficient and cost-effective
operations of the department due to changes in the technology used in the
department or the work practices in the department; or
(b) the role performed by the employee is no longer required.
Consultation process
89.2 When the Secretary is aware that an employee is likely to become excess, the
Secretary will advise the employee of the situation.
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89.3 The Secretary will hold discussions with the employee and/or at the employee’s
discretion their nominated representative, to consider:
(a) the reasons for identifying the employee as excess;
(b) measures that could be taken to resolve the situation, including
redeployment opportunities for the employee at or below their existing
classification;
(c) referral to a redeployment services provider nominated by DPS or an
appropriate redeployment services provider;
(d) whether voluntary retrenchment might be appropriate; and
(e) the timing for any possible termination.
89.4 Where 15 or more employees are likely to become excess the Secretary will as soon
as practicable but before terminating any employees, advise Centrelink (or its
equivalent), and each union that represents the industrial interests of the employees
and of which an employee is a member, of the following:
(a) the reasons for identifying the employees as excess;
(b) the numbers and categories of employees likely to be affected; and
(c) the time when, or the period over which, any possible terminations might be
likely to occur.
89.5 Each employee representative and union notified pursuant to clauses 89.3 and 89.4
will be given the opportunity to consult with DPS on measures that may avert or
minimise the terminations, and measures that might mitigate the adverse effects of
the terminations.
89.6 The Secretary may, prior to the conclusion of these discussions, invite employees
who are not excess employees to express interest in voluntary retrenchment, where
the retrenchment of those employees would permit the redeployment of employees
who would otherwise remain excess.
89.7 Discussions pursuant to clause 89.3 or 89.5 will progress for no longer than one
month. The Secretary will identify any employee who is excess to DPS requirements
after these discussions and may immediately advise that employee in writing that
they are excess.
89.8 The Secretary will then establish, through consultation with the identified
employees, which employees want to be offered voluntary retrenchment
immediately and which employees seek redeployment. Employees seeking
redeployment will be advised in writing that they are excess (if this has not already
occurred) and be referred to a redeployment services provider nominated by DPS.
89.9 The Secretary will take all reasonable steps, consistent with the interests of efficient
administration, to transfer an excess employee to a suitable vacancy at the same
level within DPS.
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Voluntary retrenchment
89.10 Where the Secretary invites a potentially excess employee to accept voluntary
retrenchment, the employee will have one month in which to accept the offer in
writing. Where the offer is accepted the Secretary will not give notice of termination
under section 29 of the PS Act before the end of that period without the agreement
of the employee.
89.11 As soon as possible within that month, an employee invited to accept voluntary
retrenchment will be given information on:
(a) the amount of severance pay, pay in lieu of notice and paid-up leave credits;
(b) the amount of accumulated superannuation contributions; and
(c) the taxation rules applying to the various payments.
89.12 The Secretary may extend the period for an employee to accept the offer if the
circumstances warrant.
89.13 Assistance up to a maximum of $1,000 will be paid to each employee for financial
advice.
Period of notice
89.14 Where the excess employee agrees to be voluntarily retrenched, the Secretary may
retrench the employee by giving the required notice of termination under section 29
of the PS Act. The period of notice will be four weeks (or five weeks for an employee
aged over 45). The Secretary and the employee can agree to waive this notice.
Where there is agreement to waive notice, the employee will receive payment in lieu
for the unexpired portion of the notice period.
90 Severance Benefit
90.1 The severance benefit will be calculated on a pro rata basis for any period where an
employee has worked part-time hours during their period of service and the
employee has less than 24 years full-time service.
90.2 For the purpose of calculating the severance benefit, weekly hours for periods of
part-time service will be calculated by averaging the weekly hours of either:
(a) the last 12 months of part-time service; or
(b) all periods of part-time service,
whichever is the greater.
90.3 If part-time service is less than 12 months, the average weekly hours will be based on
their actual period of part-time service.
90.4 Service for severance pay purposes means:
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(a) government service as defined in section 10 of the Long Service Leave
(Commonwealth Employees) Act 1976 (Cth); or
(b) service with the Commonwealth (other than service with a joint
Commonwealth-State body corporate in which the Commonwealth has a
controlling interest) that is recognised for long service leave purposes; or
(c) service with the Australian Defence Force.
90.5 For earlier periods of service to count there must be no breaks between the periods
of service, except where the break in service was less than one month and occurred
where an offer of employment with the new employer was made and accepted by
the employee before ceasing employment with the preceding employer.
90.6 Any period of service which ceased by way of:
(a) retirement on grounds of invalidity;
(b) inefficiency or loss of qualifications;
(c) forfeiture of office;
(d) dismissal;
(e) termination of probationary appointment for reasons of unsatisfactory
service; or
(f) voluntary retirement at or above the minimum retiring age applicable to the
employee, or with the payment of an employer-financed retirement benefit,
will not count as service for severance pay calculated under clause 90.8.
90.7 Absences from work which do not count as service for long service leave purposes
will not count as service for severance pay purposes.
90.8 An employee who elects voluntary retrenchment whose employment is terminated
under section 29 of the PS Act on the grounds that they are excess to requirements
is entitled to be paid a sum equal to two weeks salary for each completed year of
continuous service, plus a pro-rata payment for completed months of service since
the last completed year of service. The minimum sum payable under this clause will
be four weeks salary and the maximum will be 48 weeks salary, subject to any
minimum amount the employee is entitled to under the NES.
Calculation of salary for severance benefit and retention payment
90.9 For the purpose of calculating any payment under clause 90.8, or any retention
payment under clause 91.5 or 91.7 salary will include:
(a) either:
(i) the employee’s salary at their substantive work value level; or
(ii) the salary of the higher work value level, where the employee has been
working at the higher level for a continuous period of at least 12
months immediately preceding the date on which the employee is given
notice of retirement; and
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(b) other allowances in the nature of salary that are paid during periods of
annual leave and on a regular basis, excluding allowances which are a
reimbursement for expenses incurred, or a payment for disabilities associated
with the performance of duty.
91 Retention Periods
91.1 Unless the employee agrees, an excess employee will not be involuntarily terminated
under section 29 of the PS Act until the following retention periods, which include
the minimum amount the employee is entitled to under the NES, have elapsed:
(a) 13 months where an employee has 20 or more years of service or is over 45
years of age; or
(b) seven months for other employees.
91.2 The retention period will commence on the earlier of the following:
(a) the day the employee is advised in writing by the Secretary that they are an
excess employee under clause 89.7; or
(b) one month after the day on which the Secretary invites the employee to
accept voluntary retrenchment under clause 89.10.
91.3 The retention period will be extended by any periods of personal leave covered by a
medical certificate of two weeks or over, up to a maximum period of six months
during the retention period.
91.4 The retention period may be suspended for an agreed period where the Secretary
considers it appropriate (eg where the excess employee is on maternity leave).
91.5 During the retention period, the Secretary:
(a) will continue to take reasonable steps to find alternative employment for the
excess employee; and
(b) may, with four weeks’ notice, transfer the excess employee to a job with a
lower classification. Where this occurs before the end of an employee’s
retention period, the employee will receive income maintenance to maintain
their salary at the previous higher level for the balance of the retention
period.
91.6 Where the Secretary believes there is insufficient productive work available for an
excess employee during the retention period, the Secretary may, with the agreement
of the employee, terminate their employment under section 29 of the PS Act.
91.7 Upon termination, the employee will be paid a lump sum comprising:
(a) the balance of the retention period (less the number of weeks redundancy
pay that the employee will be entitled to under the NES on termination,
calculated as at the expiration of the retention period) and this payment will
be taken to include the payment in lieu of notice of termination of
employment; and
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(b) the employee’s NES entitlement to redundancy pay.
92 Involuntary Retirement
92.1 Subject to clause 89.9, the Secretary may terminate, involuntarily, an excess
employee under section 29 of the PS Act at the end of the retention period. An
excess employee will not be terminated involuntarily under section 29 of the PS Act
if the employee has not been invited to accept an offer of voluntary retrenchment,
or has elected to be retrenched but the Secretary has refused to approve the
retrenchment.
92.2 An excess employee will not be retired involuntarily without being given four weeks’
notice (or five weeks’ notice for an employee over 45) of retirement, or payment in
lieu of notice.
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CATERING
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Schedule 1 – Catering
This Schedule contains the terms and conditions for PSL1-6 employees working in the
catering workgroups as determined by the Secretary. Where there is a conflict between a
provision in this Schedule and the rest of the Agreement, this Schedule will prevail unless
otherwise stated.
1 Rostering
1.1 The Secretary will determine rostering arrangements to support the operation of
DPS. Employees and their representatives will be consulted in this process.
1.2 The determination of rostering arrangements will operate in accordance with the
following principles:
(a) Rostering arrangements will meet operational requirements, and where
practicable, efforts will be made to accommodate employee preferences in
order to facilitate a healthy work-life balance.
(b) The Secretary may require employees to work their ordinary hours of duty
outside the hours of 6:00am and 6:00pm Monday to Friday.
(c) A full-time employee will work 37 hours 30 minutes ordinary hours in a
week, with the number of ordinary hours of duty not to exceed ten hours in
a 24 hour period. Only 1 split shift can be rostered in a 24 hour period.
(d) An employee will have a minimum break of ten hours between any two
periods of duty, including overtime. Where an employee is directed to
return to duty and does not receive a ten hour break in accordance with this
clause, the employee will be paid at double time rates until such time as the
employee has had a ten hour break. This clause does not apply where the
employee’s ordinary hours are not continuous.
(e) An employee will not be required to work more than four consecutive night
shifts, unless an employee agrees to do so. Night shifts will be worked as a
block of no less than two consecutive night shifts.
(f) Employees will be able to exchange shifts or rostered days off, provided that
they have the consent of the Secretary, that the exchange of shifts is cost
neutral to DPS and that the exchange would not result in a breach of a
provision of this Agreement.
(g) Where an employee is required to work in excess of an average of 37 hours
30 minutes per week, DPS and employees will ensure that the additional
hours are not excessive having regard to:
(i) any additional overtime hours or overtime shifts already worked
over the four weeks ending immediately before the request to work
the additional hours; and
(ii) any additional risk to the employee’s health and safety that either
the employee makes known to DPS, or any other work related factor
of which DPS is aware.
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1.3 Shift rosters will be provided at least seven days before the commencement of the
shift. Should that notice not be given, the employee will be paid at the appropriate
overtime rates until seven days notice has been provided. The notice period will not
apply to changes to shift rosters arising out of the unscheduled absence of another
employee or where an event booking is made within the 7 day notice period.
1.4 Where the majority of affected employees agree, DPS may implement a shift length
of 12 hours.
2 Penalty Rates
2.1 An employee, who performs ordinary duty between the hours of 6:00pm and
6:00am, Monday to Friday, will be entitled to payment of the following shift
penalties:
(a) 15 per cent for each shift in which any part of duty is performed between the
hours of 6:00pm and 12:00am.
(b) 34 per cent for each shift in which any part of duty is performed between the
hours of 12:00am and 6:00am.
2.2 An employee who performs ordinary duty on a Saturday will be entitled to a 50 per
cent shift penalty for all rostered hours worked.
2.3 An employee who performs ordinary duty on a Sunday, will be entitled to a 100 per
cent shift penalty for all rostered hours worked.
2.4 An employee rostered off duty on a public holiday will be entitled to a 100 per cent
shift penalty for all hours the employee would have worked had the day not been a
public holiday.
2.5 An employee who performs ordinary duty on a public holiday will be entitled to a
150 per cent shift penalty for all rostered hours worked.
3 Overtime
3.1 An employee will be entitled to be paid overtime in accordance with clause 26,
where the employee works in excess of their ordinary hours of duty on any day.
4 Allowances
Footwear allowance
4.1 Employees will be paid a Footwear Allowance of $304 per annum to purchase shoes
as part of their uniform. This will be paid on the first pay day after 1 March each
year. When purchasing shoes as part of a uniform, employees will have regard to any
WHS and style guidelines issued by DPS.
4.2 DPS reserves the right to provide shoes rather than make the payment provided for
under clause 4.1 of this Schedule.
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Protective clothing, uniforms and dry cleaning
4.3 DPS will provide and maintain protective clothing and uniforms for all relevant
Schedule 1 employees.
4.4 DPS will provide and manage a dry cleaning service for all uniforms.
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ect
ELECTRICAL MECHANICAL AND FABRIC SERVICES DANGER 11.000 VOLTS
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Schedule 2 – Electrical, Mechanical and Fabric Services
This Schedule contains the terms and conditions for employees working in Electrical,
Mechanical and Fabric Services work groups. Where there is a conflict between a
provision in this Schedule and the rest of the Agreement, this Schedule will prevail unless
otherwise stated.
1 Broadbanding
1.1 The PLS2 and 3 classifications have been broadbanded for employees in the
Electrical, Mechanical and Fabric Services work groups. The salary ranges are shown
in Appendix B.
1.2 Advancement within the ranges of a PSL 2/3 employee beyond broadband PSL2.2 is
subject to the occupant having had 100 hours training provided by DPS or a previous
employer or approved post-trade studies.
1.3 Advancement of a PSL 2/3 employee beyond broadband PSL3.1 will be subject to the
occupant having two years relevant experience and either holding a relevant post-
trade certificate or having undertaken such training as agreed between the
employee and DPS.
2 Flexibility Payment
2.1 Clause 2 of this Schedule will apply to employees employed in the Apprentice, PSL 1,
PSL 2/3 and PSL 4 classifications in the Electrical, Mechanical and Fabric Services
including Maintenance Operation Help Desk employees and Building Maintenance
Services but cannot be applied to those employees employed in the Electrical,
Mechanical and Fabric Administrative Support Units.
2.2 From the date of operation of this Agreement, and subject to clause 64.3, employees
who work pursuant to the provisions in clauses 2.4 to 2.7 of this Schedule will be
paid at 1.17 times the rate paid to an employee not covered by these arrangements.
2.3 The payments made in accordance with clause 2.2 of this Schedule:
(a) count for superannuation purposes;
(b) count when making an overtime payment;
(c) are paid when employees are on leave;
(d) count for a severance benefit payment; and
(e) will be included in any statement of earnings provided by DPS.
Hours of work
2.4 An employee will work designated hours.
2.5 The agreed span of hours is 6.00am to 6.00pm, Monday to Friday.
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2.6 An employee’s designated hours of duty will be 37 hours and 30 minutes per week
and 7 hours 30 minutes per day, worked as five consecutive shifts in seven days.
2.7 In order to be flexible and assist the workgroup meet short term capacity problems,
employees agree that one of the two days off at the end of the five consecutive
shifts can be either saved or added to their flextime credit and taken at an
alternative time convenient to both the employee and the operational arrangements
of the workgroup.
2.8 Taking into account health and safety requirements, an employee’s designated hours
will be determined by the Secretary in consultation with the employees of the
workgroup, so as to best meet the operational arrangements of the workgroup,
ensure fairness and equity, and the needs of its clients and employees, subject to the
following:
(a) a maximum of 30 per cent of the total designated working hours per year
may be required to be worked outside the agreed span of hours;
(b) on days when Parliament sits, designated hours of work outside the hours
6.00am to 6.00pm will include a paid meal break;
(c) a maximum of nine Saturdays or Sundays may be required to be worked each
financial year;
(d) designated hours of duty will be determined at least fortnightly in advance,
with employees receiving five days notice of the times they will be working;
and
(e) in emergency situations (no more than twice per financial year), employees
agree to changed designated hours of duty without five days notice. If five
days notice is not given, and the situation is not an emergency, employees
will be paid an additional $35.00 for each working day where the required
notice has not been given.
3 Overtime
3.1 Overtime will be paid in accordance with clause 26 of this Agreement.
3.2 An employee is entitled to be paid overtime:
(a) when directed to perform duty not continuous with their designated hours in
accordance with clauses 2.6 and 2.7 of this Schedule; or
(b) for the additional hours when directed to work more than 10 hours on any
one day or shift; or
(c) when an employee is directed to work and has a flexible hours credit of 75
hours (this will not apply where an employee has saved credits to take time
off within the next month—supervisors must make every effort to allow an
employee with a maximum credit to take time off to reduce that credit); or
(d) when otherwise approved by the Secretary in exceptional circumstances.
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4 Apprentices
4.1 DPS recognises the importance of training and development of staff, including
through the engagement and support of apprentices. DPS is committed to
engagement of apprentices, noting the decision to engage an apprentice needs to
take into account the ability of the work area to fund and support the initiative.
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EVENING DUTY A
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Schedule 3 – Evening Duty
1 Evening Duty Rate
1.1 The following provisions will apply in work areas which, as a matter of course, work
after 7.30pm in support of the Parliament and its committees. An employee to
whom this Schedule applies is not a shift worker.
1.2 Employees whose duties include performing ordinary duty after 7.30pm will be paid
at 1.04 times the rate paid to an employee not covered by these arrangements. This
rate will count as salary for superannuation purposes and will be paid on leave.
Those employees will become eligible for payment of this rate upon their
commencement in the relevant section and the rate will continue to be paid as a
component of salary for the duration of the employee's engagement in that section,
subject to their continued availability for evening duty.
1.3 The Secretary, in consultation with employees, will establish designated hours for an
employee or a work group, that extends as far into the future as practicable.
1.4 Employees will commit themselves to be available to work their designated hours.
1.5 Supervisors will commit themselves to give as much notice as possible of any
changes to designated hours, noting that changes may be caused by circumstances
beyond the control of DPS.
1.6 Where there is short notice of changes to an employee’s designated hours, both
employees and supervisors will explore if there are any arrangements which would
minimise disruption.
1.7 Where an employee takes a part of a day as approved leave, the sum of the leave
taken and the hours worked on that day must not exceed the employees agreed
hours for that day.
1.8 Nothing in this clause will limit the application of the overtime provisions in clause 26
or the flextime provisions in clause 23.
1.9 If an employee is covered by clause 1.1 of this Schedule and their designated hours
are changed and that change:
(a) is notified less than one working day before it takes effect; and
(b) is a variation of more than two hours to either the starting or finishing time,
the employee will be paid the appropriate overtime rate for work outside the
previously designated hours.
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LANDSCAPE SERVICES
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Schedule 4 – Landscape Services
1 Broadbanding
1.1 The Landscape Services workgroup has broadbanded the PSL 1, PSL 2 and PSL 3
classifications. The salary rates are shown in Appendix B. These broadband
arrangements recognise increased skills from training and experience, and the ability
of those staff to undertake a broader range of activities.
1.2 The Landscape Services workgroup has broadbanded the PSL 4 and PSL 5
classifications. The salary rates are shown in Appendix B. These broadband
arrangements recognise increased skills from training and experience, and the ability
of those staff to undertake a broader range of activities.
1.3 Advancement through these broadbands will be subject to the holding of recognised
trade qualifications and years of relevant experience. For further information please
refer to the Broadbanding policy.
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PARLIAMENTARY SECURITY SERVICE 11
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Schedule 5 – Parliamentary Security Service
This Schedule contains the terms and conditions for employees working in the
Parliamentary Security Service (PSS). The provisions of the Agreement supplement these
specific terms and conditions where applicable. Where there is a conflict between a
provision in this Schedule and the rest of the Agreement, this Schedule will prevail unless
otherwise stated.
1 Rostering Principles
1.1 The Secretary will determine rostering arrangements to support the operation of
DPS. Employees and their representatives will be consulted in this process in
accordance with clause 10.
1.2 The determination of rostering arrangements will operate in accordance with the
following principles:
(a) Rostering arrangements will meet operational requirements, and where
practicable, efforts will be made to accommodate employee preferences in
order to facilitate a safe working environment and a healthy work-life
balance.
(b) The Secretary may require employees to work their ordinary hours of duty
outside the hours of 6:30am and 6:00pm Monday to Friday. An employee
who works a roster where any part of their ordinary hours is outside these
hours and/or on a Saturday, Sunday or public holiday for an ongoing or fixed
period will be a shift worker for the purposes of the Agreement, and entitled
to the provisions for shift workers in the Agreement and this Schedule.
(c) A full-time employee may work shifts of up to 12 hours, with minimum hours
per shift being 8 hours. Where shifts of up to 12 hours are introduced, an
employee will not work more than an average of 37 hours 30 minutes
ordinary hours per week, averaged over an employee’s rostered cycle.
Ordinary hours of duty will not exceed 11 hours in a 24 hour period, except at
the changeover of shifts.
(d) Where practicable, an employee will be provided time to undertake
administrative duties during their shift.
(e) Unless mutually agreed, an employee will not be required to work more than
16 consecutive hours of duty. Employees share a mutual responsibility with
management to work within the notional 16 hour limit.
(f) An employee who works overtime between two periods of ordinary duty will
have a minimum break of ten hours before returning to duty. Where an
employee is directed to return to duty and does not receive a ten hour break
in accordance with this clause, the employee will be paid at double time rates
until such time as the employee has had a ten hour break.
(g) An employee will not suffer a loss of pay, leave credits, or TOIL, due to the
operation of the ten hour break minimum break provision.
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(h) An employee will not be required to work more than four consecutive night
shifts, unless an employee agrees to do so. Night shifts will be worked as a
block of no less than two consecutive night shifts.
(i) Employees will be able to exchange shifts or rostered days off, provided that
they have the consent of the Secretary, that the exchange of shifts is cost
neutral to DPS and that the exchange would not result in a breach of a
provision of this Agreement.
(j) The start and finish times of rosters will not be varied for the sole purpose of
reducing shift penalty payments.
(k) Where practicable, DPS will provide employees with 28 days notice of any
change to an established roster pattern.
1.3 Shift rosters will be provided at least seven days before the commencement of the
shift. In normal circumstances, seven days notice is required for an individual shift
change. However a change may be made by mutual consent between the employee
and their supervisor.
1.4 Subject to clause 1.5 of this Schedule, in the absence of consent or seven day’s
notice, employees will be paid the appropriate overtime rate for work outside the
previously rostered hours of duty. This will continue until the employee has received
seven day’s notice of change to shift.
1.5 Clause 1.3 of this Schedule will not apply in cases where it is not possible to give
seven day’s notice because of:
(a) the sickness or unscheduled absence of another employee for any reason;
(b) for an unscheduled public hearing or function; or
(c) extra sitting days are scheduled by either Chamber.
1.6 DPS may redeploy an employee from any rostered shift to other duties within the
same rostered hours of duty. Any such redeployment will apply but not be limited
to:
(a) the need for a specific skills requirement;
(b) where the employee is surplus to requirements; or
(c) the need to avoid any other contingency.
1.7 An employee who is surplus to requirements on any shift may be redeployed by the
Secretary to a shift outside the original rostered hours of duty with 24 hours’ notice.
2 Penalty Rates
2.1 An employee, who performs ordinary duty between the hours of 6:00pm and
6:30am, Monday to Friday, will be entitled to payment of the following shift
penalties:
(a) 15 per cent for each shift in which any part of duty is performed between the
hours of 6:00pm and 12:00am
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(b) 34 per cent for each shift in which any part of duty is performed between the
hours of 12:00am and 6:30am.
2.2 An employee who performs ordinary duty on a Saturday will be entitled to a 50 per
cent shift penalty for all rostered hours worked.
2.3 An employee who performs ordinary duty on a Sunday, will be entitled to a 100 per
cent shift penalty for all rostered hours worked.
2.4 An employee rostered off duty on a public holiday will be entitled to a 100 per cent
shift penalty for all hours.
2.5 An employee who performs ordinary duty on a public holiday will be entitled to a
150 per cent shift penalty for all rostered hours worked.
2.6 While on annual leave, employees who work a roster will be paid 50 per cent of all
penalties that they otherwise would have received had they remained on duty.
3 Allowances
Higher Duties Allowance
3.1 Higher Duties Allowance will be paid to an employee who performs all of the duties
of a higher classification for a period of one shift or more, or for periods of less than
one shift where it is essential the higher duties are performed.
Footwear Allowance
3.2 Employees will be paid a Footwear Allowance of $304 per annum to purchase shoes
as part of their uniform. This will be paid on the first pay day after 1 March each
year. When purchasing shoes as part of a uniform, employees will have regard to any
WHS and style guidelines issued by DPS.
3.3 DPS reserves the right to provide shoes rather than make the payment provided for
under clause 3.2 of this Schedule.
Protective clothing, uniforms and dry cleaning
3.4 DPS will provide and maintain protective clothing and uniforms for all PSS
employees.
3.5 DPS will provide and manage a dry cleaning service for uniforms, excluding shirts
which will remain the responsibility of employees.
4 Overtime
4.1 The rate of payment for overtime will be in accordance with clause 26.2.
4.2 Where the overtime is 30 minutes or more, payment will be made for the full period
of the overtime worked subject to the following:
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(a) Payment will be made for time actually worked where the overtime is
continuous with the employee’s normal rostered duty.
(b) A minimum of four hours overtime will be paid where the overtime is not
continuous with the employee’s normal rostered duty.
(c) Short notice overtime will be paid at double time. A minimum of four hours
overtime will be paid where the overtime is short notice and will include
reasonable travel time to and from duty.
4.3 In this Schedule, “short notice overtime” means an occasion where an employee is:
(a) called to duty to meet an emergency; or
(b) given no notice of call prior to ceasing duty; or
(c) given less than eight hours notice.
4.4 Where overtime is performed immediately before and after ordinary duty, the rate
of overtime will be calculated as if the entire amount of overtime performed was in a
single block.
4.5 Where an employee is required to work in excess of 37 hours 30 minutes per week,
DPS and employees will ensure that the additional hours are not excessive having
regard to:
(a) any additional overtime hours or overtime shifts already worked over the four
weeks ending immediately before the request to work the additional hours; and
(b) any additional risk to the employee’s health and safety that either the employee
makes known to DPS, or any other work related factor of which DPS is aware.
4.6 Employees, except casual employees, can elect to take time off in lieu (TOIL) of
payments for overtime subject to:
(a) TOIL is to be taken at a time agreed by the supervisor and employee;
(b) the period of time off will be calculated at the appropriate overtime rate;
(c) the maximum TOIL that can be accrued by an employee is 75 hours; and
(d) if an employee has an unused TOIL balance on 31 January each calendar year,
this amount will be paid out at the appropriate hourly rate.
5 Meal Breaks
5.1 An employee will be entitled to an unpaid meal break of at least 39 minutes for each
period of ordinary duty. An employee’s meal break will be taken within or at 5 hours
of continuous duty. If an employee’s ordinary hours exceed 10 hours (excluding meal
breaks), an employee will be entitled to a second unpaid meal break of 30 minutes,
in addition to their first unpaid meal break, which is to be taken within or at 5 hours
of continuous duty following their first meal break. If, due to operational
requirements, an employee is required to continue work after five hours of
continuous duty, the employee will be paid at the relevant overtime rate from that
time until a meal break is taken.
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5.2 When an employee works ordinary hours under 10 hours, they will receive a 39
minute meal break.
5.3 When an employee works a qualifying shift of ordinary hours exceeding 10 hours or
more, an employee will receive two 30 minute meal breaks.
5.4 Where an employee is required to work overtime, and the overtime period exceeds
three hours (excluding meal breaks) the employee will receive a paid meal break of
39 minutes, in addition to their existing unpaid meal break.
5.5 An additional paid meal break will be paid after each subsequent period of five hours
overtime duty.
6 Essential Qualifications
6.1 All PSS employees will be required to achieve and maintain competence in all areas
relating to their employment. PSS employees will be provided with formal and on-
the-job training to achieve initial competence.
6.2 DPS will provide periodic refresher training to assist PSS employees in maintaining
employment competencies. This will include:
(a) first aid training, and
(b) operational safety training.
7 Absence for Part of a Shift
7.1 Where an employee is absent for part of a shift, the period of leave deducted from
the employee’s leave balance will be for the actual amount of the absence.
8 Sessional Part-Time
8.1 PSS employees engaged as sessional part-time employees are required to work an
agreed number of days per year. The minimum number of days required will be
actual sitting days.
8.2 Hours worked on sitting days will be in accordance with the roster with the minimum
shift of four hours per shift to be applied.
8.3 Payment for these days will be:
(a) single time for the first 7 hours 30 minutes per day, thereafter at the
overtime rate;
(b) single time for the first 37 hours 30 minutes per week, thereafter at the
overtime rate.
8.4 Sessional part-time employees who are requested to work days other than their
agreed days, and are given less than eight hours notice for working on those days,
will be paid at the overtime rate as provided by clause 4.2(c) of this Schedule
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Appendix A – Salary
Classification Salary levels From 12 January 2024 From 12 January 2025 From 12 January 2026
PSL1
PSL1.1* $51,366 $53,318 $55,131
PSL1.2* $53,162 $55,182 $57,058
PSL1.3* $55,023 $57,114 $59,056
PSL1.4 $56,928 $59,091 $61,100
PSL1.5 $57,886 $60,086 $62,129
PSL1.6 $59,912 $62,189 $64,303
PSL1.7 $62,010 $64,366 $66,554
PSL1.8 $64,179 $66,618 $68,883
PSL1.9 $65,136 $67,611 $69,910
*This classification only applies to employees working in the Catering Work Group.
PSL2
PSL2.1 $66,440 $68,965 $71,310
PSL2.2 $68,766 $71,379 $73,806
PSL2.3 $71,327 $74,037 $76,554
PSL3
PSL3.1 $72,914 $75,685 $78,258
PSL3.2 $76,196 $79,091 $81,780
PSL4
PSL4.1 $77,719 $80,672 $83,415
PSL4.2 $80,439 $83,496 $86,335
PSL4.3 $83,254 $86,418 $89,356
PSL4.4 $84,450 $87,659 $90,639
PSL5
PSL5.1 $86,137 $89,410 $92,450
PSL5.2 $89,153 $92,541 $95,687
PSL5.3 $92,412 $95,924 $99,185
PSL6
PSL6.1 $94,259 $97,841 $101,168
PSL6.2 $97,558 $101,265 $104,708
PSL6.3 $100,973 $104,810 $108,374
PSL6.4 $104,506 $108,477 $112,165
PSL6.5 $105,941 $109,967 $113,706
PEL1
PEL1.1 $114,707 $119,066 $123,114
PEL1.2 $118,722 $123,233 $127,423
PEL1.3 $122,877 $127,546 $131,883
PEL1.4 $127,178 $132,011 $136,499
PEL1.5 $130,968 $135,945 $140,567
PEL2
PEL2.1 $133,585 $138,661 $143,375
PEL2.2 $138,260 $143,514 $148,393
PEL2.3 $143,100 $148,538 $153,588
PEL2.4 $148,107 $153,735 $158,962
PEL2.5 $153,291 $159,116 $164,526
PEL2.6* $158,398 $164,417 $170,007
*Advancement to PEL2.6 is only available to employees rated “highly effective” or better as a result of the
Performance Management Scheme set out in Part 7 of this Agreement.
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Appendix B – Broadband Arrangements
Classification Salary levels From 12 January 2024 From 12 January 2025 From 12 January 2026
Landscape Services (PSL1/2/3)
PSL1 1 $61,403 $63,736 $65,903
2 $63,551 $65,966 $68,209
3 $64,335 $66,780 $69,051
PSL2 1 $66,506 $69,033 $71,380
2 $68,833 $71,449 $73,878
3 $71,327 $74,037 $76,554
PSL3 1 $72,914 $75,685 $78,258
2 $76,196 $79,091 $81,780
Landscape Services (PSL4/5)
PSL4 1 $77,719 $80,672 $83,415
2 $80,439 $83,496 $86,335
3 $83,254 $86,418 $89,356
4 $84,450 $87,659 $90,639
PSL5 1 $86,137 $89,410 $92,450
2 $89,153 $92,541 $95,687
3 $92,412 $95,924 $99,185
Parliamentary Security Services (PSL1/2)
PSL1 1 $61,403 $63,736 $65,903
2 $63,551 $65,966 $68,209
3 $64,335 $66,780 $69,051
PSL2 1 $66,506 $69,033 $71,380
2 $68,833 $71,449 $73,878
3 $71,327 $74,037 $76,554
Electrical, Mechanical and Fabric Services (PSL2/3)
PSL2 1 $66,506 $69,033 $71,380
2 $68,255 $70,849 $73,258
PSL3 1 $73,751 $76,554 $79,157
2 $76,196 $79,091 $81,780
Research Branch (PSL4/5)
PSL4 1 $77,719 $80,672 $83,415
2 $80,439 $83,496 $86,335
3 $83,254 $86,418 $89,356
4 $84,450 $87,659 $90,639
PSL5 1 $86,137 $89,410 $92,450
2 $89,153 $92,541 $95,687
3 $92,412 $95,924 $99,185
Library Collections and Database (PSL4/5)
PSL4 1 $77,719 $80,672 $83,415
2 $80,439 $83,496 $86,335
3 $83,254 $86,418 $89,356
4 $84,450 $87,659 $90,639
PSL5 1 $86,137 $89,410 $92,450
2 $89,153 $92,541 $95,687
3 $92,412 $95,924 $99,185
DPS Enterprise Agreement 2024 | Page 89
Classification Salary levels From 12 January 2024 From 12 January 2025 From 12 January 2026
ParlAV (PSL4/5)
PSL4 1 $77,719 $80,672 $83,415
2 $80,439 $83,496 $86,335
3 $83,254 $86,418 $89,356
4 $84,450 $87,659 $90,639
PSL5 1 $86,137 $89,410 $92,450
2 $89,153 $92,541 $95,687
3 $92,412 $95,924 $99,185
Hansard Editors (PSL5/6)
PSL5 1 $86,137 $89,410 $92,450
2 $89,153 $92,541 $95,687
3 $92,412 $95,924 $99,185
PSL6 1 $94,259 $97,841 $101,168
2 $97,558 $101,265 $104,708
3 $100,973 $104,810 $108,374
4 $104,506 $108,477 $112,165
5 $105,941 $109,967 $113,706
Health and Recreation (PSL1/2)
PSL1 1 $55,928 $58,053 $60,027
2 $57,886 $60,086 $62,129
3 $59,912 $62,189 $64,303
4 $62,010 $64,366 $66,554
5 $64,179 $66,618 $68,883
6 $65,136 $67,611 $69,910
PSL2 1 $66,409 $68,933 $71,277
2 $68,766 $71,379 $73,806
3 $71,327 $74,037 $76,554
Graduates (PSL3/4/5)
PSL3 1 $72,914 $75,685 $78,258
2 $76,196 $79,091 $81,780
PSL4 1 $77,719 $80,672 $83,415
2 $80,439 $83,496 $86,335
3 $83,254 $86,418 $89,356
4 $84,450 $87,659 $90,639
PSL5 1 $86,137 $89,410 $92,450
2 $89,153 $92,541 $95,687
3 $92,412 $95,924 $99,185
Apprentices (APPSL2)
APPSL2 1 $66,440 $68,965 $71,310
2 $68,104 $70,692 $73,096
3 $69,808 $72,461 $74,925
4 $71,327 $74,037 $76,554
DPS Enterprise Agreement 2024 | Page 90
Appendix C – Definitions
The following definitions apply to this Agreement:
Agreement means the Department of Parliamentary Services Enterprise Agreement 2024.
APS means the Australian Public Service.
Australian Parliamentary Service means the Australian Parliamentary Services established
by section 9(1) of the PS Act.
Australian Defence Force Cadets means the Australian Navy Cadets, Australian Army
Cadets, or the Australian Air Force Cadets.
Bandwidth means the span of hours during which an employee can perform ordinary hours.
Broadband refers to the allocation of more than one approved classification by the
Secretary to a group of duties involving work value applying to more than one classification
under sub-rule 9(4) of the Parliamentary Service Classification Rules 2010. A broadband
encompasses the full range of work value of the classifications contained within it.
Casual employee (irregular and 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 and intermittent basis.
Classification means the approved classifications as defined by the Parliamentary Service
Classification Rules 2010.
Child means a biological child, adopted child, foster child, step child, or ward.
De facto partner means a person who, regardless of gender, is living in a common
household with the employee in a bona fide, domestic, interdependent partnership,
although not legally married to the employee.
Delegate means someone to whom a power or authority has been delegated.
Dependant means the employee’s spouse or de facto partner, a child, parent or aged
relative of the employee or the employee’s spouse or de facto partner, who ordinarily lives
with the employee and who is substantially dependent on the employee. Dependant also
includes a child of the employee who does not ordinarily live with the employee but for
whom the employee provides substantial financial support.
Designated hours means the hours of work for an employee determined by the
requirements of the employee’s duty statement or assigned duties to meet operational
requirements. Designated hours do not apply to a shift worker.
DPS means Department of Parliamentary Services.
DPS Enterprise Agreement 2024 | Page 91
DPS Consultative Committee means a consultative committee established by the Secretary
under clause 11 of this Agreement.
Emergency means an unforeseen occurrence; a sudden and urgent occasion for action; or a
juncture that arises or “turns up”, especially a state of things unexpectedly arising and
urgently demanding immediate action.
Employee means an employee of the Department of Parliamentary Services 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. This includes a “representative” appointed or chosen by an employee(s).
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 the FW Act.
Full time employee means an employee employed to work an average of 37 hours and 30
minutes 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 is 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.
Ongoing employee means an employee engaged under section 22(2)(a) of the PS Act.
DPS Enterprise Agreement 2024 | Page 92
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 PS Act.
Parliamentary sitting period means a period, generally Monday to Thursday during which
the Senate and/or House of Representatives sits.
Partner means a spouse or de facto partner.
Part-time employee means an employee employed to work less than an average of 37
hours and 30 minutes per week in accordance with this Agreement.
PDSE Award means the Parliamentary Departments Staff Enterprise Award 2016, as
amended, varied or replaced from time to time.
Presiding Officers means the President of the Senate and the Speaker of the House of
Representatives.
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 Parliamentary Service Act 1999 as amended from time to time.
Relevant employee means an affected employee.
Roster means a schedule of shifts specifying the days and hours hat a shift worker is
required to perform duty.
Secondary caregiver for the purposes of the parental leave clause means an employee,
other than a pregnant employee or casual employee, who has secondary care responsibility
for a child who is born to them, or for a child who is adopted or in long-term foster care as
per the clauses on adoption and long-term foster care in this Agreement.
Secretary means the Secretary of the Department of Parliamentary Services or the
Secretary’s delegate.
SES means the Senior Executive Service within the meaning of the PS Act.
Shift worker means an employee who works a roster where any part of their ordinary hours
is outside of the span of hours Monday to Friday and/or on a Saturday, Sunday or public
holiday for an ongoing or fixed period.
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Appendix D – Trainees
1 General
1.1 The principle objective of a DPS Traineeship (the traineeship) is to provide additional
employment and training opportunities for young people to enhance their skill levels
and future employment prospects.
1.2 Trainees should not displace existing employees from employment.
2 Training Conditions
2.1 A DPS trainee will attend approved on and off the job training courses or programs
prescribed in the relevant training agreement (the training agreement).
2.2 DPS will ensure that the trainee is permitted to attend the prescribed off the job
training course and is provided with on the job training as outlined in their training
agreement.
2.3 DPS will provide a level of supervision in accordance with the relevant industry
codes.
2.4 The parties covered by this Agreement agree that the traineeship will be monitored
by DPS and an appropriate authority.
3 Employment Conditions
3.1 A DPS trainee may be engaged for a period of 12 months as a full-time non-ongoing
employee subject to satisfactory completion of a probationary period of up to one
month.
3.2 The DPS trainee is permitted to be absent from work without loss of continuity of
employment to attend off the job training in accordance with the training
agreement.
3.3 Where a DPS trainee is re-engaged by DPS after the completion of his or her
traineeship, the period of the traineeship will count as service for the purpose of this
training agreement and long service leave entitlements.
3.4 DPS does not envisage that trainees will be required to work overtime or as shift
workers. However, if DPS requires trainees to work overtime and shift work the
relevant penalties and allowances of this training agreement, based on the trainee
wage, will apply.
4 Calculation of Salary Rate
4.1 The annual wage rate for a DPS trainee will be based on the salary range for the
relevant classification as shown in Appendix A of this Agreement. The rate from
Appendix A will have the appropriate percentage applied to it from the table below.
DPS Enterprise Agreement 2024 | Page 94
Education level completed Per cent of minimum salary of relevant
classification
Year 10 85 per cent
Year 11 90 per cent
Year 12 95 per cent
The calculations in this clause are based on 39 weeks (including leave) on the job
training and 13 weeks of ‘off the job training’.
DPS Enterprise Agreement 2024 | Page 95
Appendix E – Supported wage system
1 Supported Wage System
1.1 This Appendix defines the conditions which will apply to employees who because of
the effects of a disability are eligible for a supported wage under the terms of this
Agreement.
Definitions
1.2 In this Appendix:
Approved assessor means a person accredited by the management unit established
by the Commonwealth under the supported wage system to perform assessments of
an individual’s productive capacity within the supported wage system.
Assessment instrument means the tool provided for under the supported wage
system that records the assessment of the productive capacity of the person to be
employed under the supported wage system.
Disability Support Pension means the Commonwealth Government pension scheme
to provide income security for persons with a disability as provided under the Social
Security Act 1991 (Cth), as amended from time to time, or any successor to that
scheme.
Relevant minimum wage means the minimum wage prescribed in this Agreement
for the class of work for which an employee is engaged.
Supported Wage System (SWS) means the Commonwealth Government system to
promote employment for people who cannot work at full agreement wages because
of a disability, as documented in the Supported Wage System Handbook. The
Handbook is available from the JobAccess website (www.jobaccess.gov.au).
SWS wage assessment agreement means the document in the form required by the
Department of Social Services that records the employee’s productive capacity and
agreed wage rate.
2 Eligibility Criteria
2.1 Employees covered by this Appendix will be those who are unable to perform the
range of duties to the competence level required within the class of work for which
the employee is engaged under this Agreement, because of the effects of a disability
on their productive capacity and who meet the impairment criteria for receipt of a
disability support pension.
2.2 This Appendix does not apply to any existing employee who has a claim against DPS
which is subject to the provisions of workers compensation legislation or any
provision of this Agreement relating to the rehabilitation of employees who are
injured in the course of their employment.
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3 Supported Wage Rates
3.1 Employees to whom this Appendix applies will be paid the applicable percentage of
the relevant minimum wage according to Table 6 [Applicable percentage of relevant
minimum wage paid to applicable employees] below.
Table 6: Applicable percentage of relevant minimum wage paid to applicable
employees
Assessed capacity Percentage of agreement rate
10 per cent 10 per cent
20 per cent 20 per cent
30 per cent 30 per cent
40 per cent 40 per cent
50 per cent 50 per cent
60 per cent 60 per cent
70 per cent 70 per cent
80 per cent 80 per cent
90 per cent 90 per cent
3.2 Provided that the minimum amount payable to an employees to whom the SWS
applies is not less than the amount prescribed in the National Minimum Wage Order.
Note: The minimum amount payable is reviewed every year in July.
3.3 Where an employee’s assessed capacity is 10 per cent, they must receive a high
degree of assistance and support.
4 Assessment of Capacity
4.1 For the purpose of establishing the percentage of the relevant minimum wage, the
productive capacity of the employee will be assessed in accordance with the
Supported Wage System, by an approved assessor, having consulted the employer
and the employer, and if the employee so desires, a union which the employee is
eligible to join.
4.2 Assessment made under this Appendix must be documented in an SWS wage
assessment agreement, and retained by the employer as a time and wages record in
accordance with the FW Act.
5 Lodgement of SWS wage assessment agreement
5.1 All SWS wage assessment agreements under the conditions of this Appendix,
including the appropriate percentage of the relevant minimum wage to be paid to
the employee, must be lodged by the employer with the Fair Work Commission.
5.2 All SWS wage assessment agreements must be agreed and signed by the employee
and employer parties to the assessment. Where a union which has an interest in the
Agreement is not a party to the assessment, the assessment will be referred by the
Fair Work Commission to the union by certified mail and the agreement will take
DPS Enterprise Agreement 2024 | Page 97
effect unless an objection is notified to the Fair Work Commission within 10 working
days.
6 Review of Assessment
6.1 The assessment of the applicable percentage should be subject to annual or more
frequent review on the basis of a reasonable request for such a review. The process
of review must be in accordance with the procedures for assessing capacity under
the supported wage system.
7 Other Terms and Conditions of Employment
7.1 Where an assessment has been made, the applicable percentage will apply to the
relevant wage rate only. Employees covered by the provisions of this Appendix will
be entitled to the same terms and conditions of employment as other workers
covered by this Agreement on a pro rata basis.
8 Workplace Adjustment
8.1 An employer wishing to employ a person under the provisions of this Appendix must
take reasonable steps to make changes in the workplace to enhance the employee’s
capacity to do the job. Changes may involve re-design of job duties, working time
arrangements and work organisation in consultation with other workers in the area.
9 Trial Period
9.1 In order for an adequate assessment of the employee’s capacity to be made, DPS
may employ a person under the provisions of this Appendix for a trial period not
exceeding 12 weeks, except that in some cases additional work adjustment time (not
exceeding four weeks) may be needed.
9.2 During that trial period the assessment of capacity will be undertaken and the
percentage of the relevant minimum wage for a continuing employment relationship
will be determined.
9.3 The minimum amount payable to the employee during the trial period must be no
less than the current weekly rate, as determined by the Fair Work Commission.
9.4 Work trials should include induction or training as appropriate to the job being
trialled.
9.5 Where the employer and the employee wish to establish a continuing employment
relationship following the completion of the trial period, a further contract of
employment will be entered into based on the outcome of assessment under
clause 4 of this Appendix.
Appendix F – Interaction with Salary
recognised as salary for the following purposes paid on termination of employment
Entitlement
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17 per cent flexibility payment ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Evening duty payment ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Shift penalties half X X X X X ✓ ✓ half X X
Restriction duty allowance X X X X X X X* X X X X
Higher duties allowance ✓ ✓ ✓ ✓ ✓ ✓* ✓* ✓* ✓* ✓* ✓*
Workplace responsibility allowance ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Licence allowance ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Loading dock screening allowance ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Salary specified in an individual flexibility
agreement (IFA) ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Community language allowance ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
*certain eligibility requirements and qualifying timeframes may apply
DPS Enterprise Agreement 2024 | Page 98
DPS Enterprise Agreement 2024 | Page 99
Signatories
Rob Stefanic
Secretary
Department of Parliamentary Services
Signed for and on behalf of the Commonwealth
of Australia
Parliament House, PO Box 6000, Canberra ACT
2600
Melissa Donnelly
National Secretary
Community and Public Sector Union
Signed for and on behalf of the Community and
Public Sector Union
54-58 Foveaux Street, Surry Hills NSW 2010
Robyn Fortescue
Assistant State Secretary
Australian Manufacturing Workers Union
Signed for and on behalf of the Australian
Manufacturing Workers Union
133 Parramatta Road, Granville NSW 2142
Electrical Trades Union
Signed for and on behalf of the Electrical Trades
Union
Level 5, 370 Pitt Street, Sydney NSW 2000
Michael Hiscox
ACT Assistant Secretary
Construction, Forestry, Maritime, Mining and
Energy Union
Signed for and on behalf of the Construction,
Forestry, Maritime, Mining and Energy Union
7-10/8 Cape Street, Dickson ACT 2602
Kev Geary
ESS Technician
Employee Bargaining Representative
Parliament House, PO Box 6000, Canberra ACT
2600
Robyn Falesie
Channelling Melissa Donnelly
