AUSTRAC Enterprise Agreement 2016 19
AUSTRAC EnterpriseAgreement 2016–19Date of effect: 28 March 2016
AUSTRAC Enterprise Agreement 2016-19CONTENTSPART A.FRAMEWORK . 3TITLE . 3DEFINITIONS . 3PARTIES TO THIS AGREEMENT . 4DELEGATION OF POWERS . 4COVERAGE . 4PERIOD OF OPERATION . 4IMPLEMENTATION . 5INDIVIDUAL FLEXIBILITY ARRANGEMENTS . 5GUIDELINES AND POLICIES. 6PART B.CLASSIFICATION AND REMUNERATION . 7CLASSIFICATION . 7BROADBANDS . 7Administrative . 7Legal . 7Graduate . 7SALARY . 8Salary of an employee upon commencement of this Agreement . 8Salary on engagement . 8Salary on reduction . 8Salary on reclassification of a role . 9SUPPORTED SALARY RATES . 9SUPERANNUATION ARRANGEMENTS . 9SALARY SACRIFICE . 9SALARY INCREASE AS A RESULT OF PERFORMANCE . 9PART C.PERFORMANCE AND DEVELOPMENT . 11PERFORMANCE MANAGEMENT ARRANGEMENTS .11Purpose . 11Participation in performance management program . 11Managing for improved performance . 12STUDIES ASSISTANCE . 12PART D.ATTENDANCE AT WORK . 13WORKING HOURS . 13Hours of work, standard bandwidth and settlement period . 13Flex time management for APS Level 1 to 6 employees . 13Excess travel time . 14Time off in lieu - travel . 14Executive Level 1 and 2 access to time off . 15Flexible working arrangements . 15LEAVE AND PUBLIC HOLIDAYS . 15Portability of leave from other agencies . 15Annual leave. 16Annual leave half pay . 17Purchased leave arrangements . 17Personal/carer’s leave . 17Compassionate leave. 19Parental leave . 19Long service leave . 21Community service leave. 21Defence Reserve leave. 21Public holidays. 22Christmas Closedown . 23Page 1
AUSTRAC Enterprise Agreement 2016-19Leave for cultural, ceremonial or National Aborigines and Islanders Day Observance Committee(NAIDOC) related activities . 23Other leave with or without pay . 23Unauthorised absences . 23PART E.ALLOWANCES . 24TEMPORARY REASSIGNMENT OF DUTIES . 24Payment of allowance . 24Withdrawal of temporary reassignment of duties . 24Transitional arrangements . 24OVERTIME . 24RESTRICTION ALLOWANCE . 25DOMESTIC AND INTERNATIONAL TRAVEL . 26OTHER ALLOWANCES. 27Relocation expenses . 28Other work related expenses incurred by employees . 28PART F.OTHER EMPLOYMENT MATTERS . 29EMPLOYEE ASSISTANCE PROGRAM .29ONGOING EMPLOYMENT REQUIREMENTS . 29RESIGNATION . 29PART G.CONSULTATION . 30AUSTRAC CONSULTATIVE GROUP . 30CONSULTATION ABOUT MAJOR WORKPLACE CHANGE . 30Major change . 30Change to regular roster or ordinary hours of work . 31PART H. MANAGING EXCESS EMPLOYEES . 33PRINCIPLES . 33DISCUSSION PROCESS. 33FORMAL DECLARATION OF EXCESS STATUS AND OFFER OF VOLUNTARY REDUNDANCY . 33Consideration period . 34ACCEPTANCE OF VOLUNTARY REDUNDANCY . 34Period of notice . 34Redundancy Benefit. 34Defined APS service . 35RETENTION AND REDEPLOYMENT . 36Retention period . 36Redeployment . 36INVOLUNTARY TERMINATION . 37PART I.DISPUTE RESOLUTION . 38PART J.FORMAL ACCEPTANCE OF THIS AGREEMENT . 39ATTACHMENT A – SALARY RANGES AND SALARY POINTS . 40ADMINISTRATIVE . 40ATTACHMENT B – SALARY RANGES AND SALARY POINTS . 43LEGAL . 43ATTACHMENT C – SALARY RANGES AND SALARY POINTS . 45INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) . 45ATTACHMENT D – SALARY RANGES AND SALARY POINTS . 47AUSTRAC GRADUATE . 47ATTACHMENT E – SUPPORTED SALARY RATES . 48Page 2
AUSTRAC Enterprise Agreement 2016-19PART A. FRAMEWORKTITLE1.This Agreement will be known as the AUSTRAC Enterprise Agreement 2016-2019.DEFINITIONSTermDefinitionACGmeans the AUSTRAC Consultative Groupapproved subscriptionprovidermeans an approved subscription provider as determined by theCEO used for the purpose of determining various ratescasual employeemeans an employee engaged on a non-ongoing basis under thePS Act for duties that are irregular or intermittentcommencement datemeans the date of effect of this Agreement, i.e. seven days afterapproval by FWAELmeans Executive LevelFW Actmeans Fair Work Act 2009FWCmeans Fair Work Commissionimmediate familymembermeans: a spouse or former spouse of the employee, and a child or an adult child (including an adopted child, a fosterchild, a step child or an ex nuptial child), guardian or ward(by legal arrangement or traditional kinship) parent (including foster parent, step parent ) grandparent grandchild siblingof the employee or spouse of the employee, or traditional kinship where there is a relationship orobligation, under customs and traditions of the IndigenousAustralian community or group to which the employeebelongsleave yearmeans the period between one credit of personal carer’s leave andthe next.managermeans an employee who directs a range of human and physicalresources and their associated financial responsibilities to achievecorporate objectives. A manager is usually at the Director level orabove and may have supervisory responsibilities for immediatesubordinatesNESmeans National Employment Standardsoffice duty holdermeans an employee appointed to undertake the duties of first aidofficer, health and safety representative, emergency warden,workplace harassment contact officer and/or an employeerepresentative on the ACG.PS Actmeans the Public Service Act 1999Page 3
AUSTRAC Enterprise Agreement 2016-19TermDefinitionsalarymeans the employee’s rate of salary (as set out in Attachments Ato D)salary on costsmeans the cost of superannuation, leave (annual, personal/carer’s,long service leave), workers’ compensation and trainingsettlement periodmeans a recurring period of four weeks beginning at thecommencement of the first pay period after this Agreement comesinto operationSESmeans Senior Executive Service of the APSspousemeans a wife, husband, or a person who is living with theemployee as a spouse on a bona fide domestic basis and withoutdiscrimination as to sexual preference, but not legally married tothe employeestandard bandwidthmeans from 7am to 7pm, Monday to Fridaystandard working daymeans 7 hrs 25 minutessubstantiveclassificationmeans the employee’s permanent classification levelsupervisormeans a person who has direct supervisory responsibilities for oneor more APS employeesTAmeans Travelling AllowanceTOILmeans Time Off In Lieuwork value levelmeans an APS classification structure levelPARTIES TO THIS AGREEMENT2.The parties to this Agreement are: the CEO of AUSTRAC on behalf of the Commonwealth, andemployees of AUSTRAC engaged under the PS Act (other than substantive SESemployees).DELEGATION OF POWERS3.The CEO may delegate their powers under this Agreement to any AUSTRACemployee.COVERAGE4.In accordance with section 53 of the FW Act, this Agreement covers all AUSTRACemployees carrying out duties under the provisions of the PS Act other thansubstantive SES employees.PERIOD OF OPERATION5.This Agreement will commence to operate seven days after it is approved by FWC(i.e. the commencement date).6.This Agreement will nominally expire three years after the commencement date of thisAgreement.Page 4
AUSTRAC Enterprise Agreement 2016-19IMPLEMENTATION7.Upon the commencement date of this Agreement all employees will transfer, at nodisadvantage, to this Agreement at their existing work value level and salary in placeimmediately prior to the commencement date.8.Leave credits accrued or purchased by employees prior to the commencement of thisAgreement are not diminished by this Agreement.INDIVIDUAL FLEXIBILITY ARRANGEMENTS9.The CEO and an employee covered by this Agreement may agree to make anindividual flexibility arrangement (IFA) to vary the effect of terms of the Agreement if:a) the IFA deals with 1 or more of the following matters:i.ii.iii.iv.v.vi.arrangements about when work is performedovertime ratespenalty ratesallowancesremunerationleave, andb) the IFA meets the genuine needs of the CEO and employee in relation to 1or more of the matters mentioned in paragraph a), andc) the IFA is genuinely agreed to by the CEO and employee.10.The CEO must ensure that the terms of the IFA:a) are about permitted matters under section 172 of the FW Act,b) are not unlawful terms under section 194 of the FW Act, andc) result in the employee being better off overall than the employee would beif no IFA was made.11.The employer must ensure that the IFA:a) is in writing,b) includes the name of the employer and employee, andc) is signed by the CEO and employee and if the employee is under 18 yearof age, signed by a parent or guardian of the employee, andd) includes details of:i. the terms of the Agreement that will be varied by the IFA, andii. how the IFA will vary the effect of the terms, andiii. how the employee will be better off overall in relation to the terms andconditions of his or her employment as a result of the IFA, ande) states the day on which the IFA commences and, where applicable, whenthe arrangement ceases.12.The CEO must give the employee a copy of the IFA within 14 days after it is agreed to.13.The CEO or employee may terminate the IFA:a) by giving no more than 28 days written notice to the other party to the IFA,orb) if the CEO and employee agree in writing – at any time.Page 5
AUSTRAC Enterprise Agreement 2016-19GUIDELINES AND POLICIES14.Where AUSTRAC guidelines and/or policies (however described) provide more detailon the conditions of employment set out in this Agreement, these guidelines and/orpolicies are not incorporated into, and do not form part of this Agreement.15.If there is inconsistency between the guidelines/policies and the express terms of thisAgreement, this Agreement will prevail.16.AUSTRAC and its employees agree that such policies and guidelines will be availableto all employees and will be updated as necessary following reasonable consultation.Page 6
AUSTRAC Enterprise Agreement 2016-19PART B. CLASSIFICATION AND REMUNERATIONCLASSIFICATIONThe APS classifications applicable to this Agreement are:17. 18.APS Level 1, APS Level 2, APS Level 3, APS Level 4, APS Level 5, APS Level6, Executive Level 1, Executive Level 2.The APS Level 1 to Executive Level 2 classifications are grouped into a number oflocal designations, each with a salary range defined by a base salary and a salarycap. The local designations are groupings of APS classifications rather thanclassifications in themselves. They are:a) Administrative (Attachment A)b) Legal (Attachment B)c) Information and Communication Technology (Attachment C), andd) AUSTRAC Graduate (Attachment D).BROADBANDSAdministrative19.Broadbanding arrangements (as set out in Attachment A) will apply as follows:a) AUSTRAC Administrative Broadband 1 will comprise four work valuelevels: APS Levels 1 to 4, andb) AUSTRAC Administrative Broadband 2 will comprise two work valuelevels: APS Levels 5 and 6.Legal20.Broadbanding arrangements (as set out in Attachment B) will apply as follows:a) AUSTRAC Legal Broadband 1 will comprise two work value levels: APSLevels 4 and 5.Graduate21.Broadbanding arrangements (as set out in Attachment D) will apply as follows:a) AUSTRAC Graduate Broadband will comprise three work value levels:(APS Levels 3 to 5).22.Graduates will be appointed at the APS Level 3 level unless a case is approved by theCEO for appointment at the APS Levels 4 or 5 taking into account their particularqualifications, experience and skills.23.On successful completion of the AUSTRAC Graduate Program, the employee will beadvanced to APS Level 5 where:a) an employee’s performance is satisfactory, andb) there is sufficient work available at the higher classification level, andc) the employee has the necessary skills and proficiencies to perform thatwork.Page 7
AUSTRAC Enterprise Agreement 2016-19SALARY24.Salary means the employee’s rate of pay as set out in Attachments A to D or asotherwise determined by the CEO under this Agreement or in accordance with the PSAct. This will be the employee’s salary for all purposes.25.Employees will be paid fortnightly based on the following formula:Fortnightly pay Annual Salary2626.Salary for a part-time employee will be calculated on a pro-rata basis commensuratewith their approved hours of work as detailed in their part-time work arrangement.27.An employee who is engaged to work on an irregular or intermittent basis will beentitled to a salary loading of 20% in lieu of public holidays on which the employee isnot rostered to work and paid leave, other than long service leave.28.Where salary sacrifice arrangements (and purchased leave or other relevantarrangements) are in place, the employee’s salary for the purposes of superannuation,severance and termination payments will be determined as if the salary sacrifice (orother) arrangement had not been entered into.29.The salary ranges and salary points for each work value level are at Attachments A toD. An employee will be paid at a salary point within a work value level unlessotherwise determined under this Agreement or in accordance with the PS Act.30.Employees will have their fortnightly salary paid in arrears by electronic funds transferinto a financial institution account of their choice allowing for reasonabledisbursements or deductions at the request of the employee.Salary of an employee upon commencement of this Agreement31.An employee will receive the following productivity based salary increases:a) 3% salary increase effective from the commencement date of thisAgreement, andb) 2% salary increase effective 1 year from the commencement date of theAgreement, andc) 1% salary increase effective 2 years from the commencement date of theAgreement.Salary on engagement32.New ongoing employees will be engaged at the base point of their respective workvalue level salary range, unless a case is approved by the CEO for commencement ata higher salary.Salary on reduction33.Where an employee requests, or agrees in writing to temporarily perform work at alower classification level, the CEO will determine the salary payable within the salaryrange of the lower classification for the period specified.34.Where an employee’s classification level is permanently reduced to a lowerclassification level, by consent or at the direction of the CEO, the CEO will determinethe salary payable within the salary range of the lower classification level.Page 8
AUSTRAC Enterprise Agreement 2016-19Salary on reclassification of a role35.Where an employee’s substantive role is reclassified at a higher work value levelwithin a broadband, they may be moved to that higher work value level subject to:a) achieving a rating of fully effective or higher in the most recentperformance appraisal process, andb) there is sufficient work available at the higher classification level, andc) the employee has the necessary skills and proficiencies to perform thatwork.36.Where an employee’s substantive role is reclassified at a lower work value level withina broadband, income maintenance will apply until the role becomes vacant.SUPPORTED SALARY RATES37.Supported wage rates (Attachment E) apply to an employee with a disability who iseligible for consideration under the Supported Wage System.SUPERANNUATION ARRANGEMENTS38.AUSTRAC will make compulsory employer contributions as required by the applicablelegislation and fund requirements.39.Employer contributions to the PSSap will be 15.4% of the employee’s fortnightlycontribution salary. Employer contributions for employees in other accumulationschemes will be at the same rate as for employees in PSSap. Employercontributions will not be reduced by any other contributions made through salarysacrifice arrangements. This clause does not apply where a superannuation fundcannot accept employer superannuation contributions (e.g. unable to acceptcontributions for people aged over 75).40.Employer superannuation contributions will not be paid on behalf of employees duringperiods of unpaid leave that does not count as service, unless otherwise requiredunder legislation.41.The CEO may choose to limit superannuation choice to complying superannuationfunds that allow employee and/or employer contributions to be paid through fortnightlyelectronic funds transfer using a file generated by the Agency’s payroll system.SALARY SACRIFICE42.AUSTRAC will provide access to salary sacrifice arrangements to its employees.43.All costs associated with undertaking any salary sacrifice arrangements, including anyfringe benefits tax liability payable by AUSTRAC are the responsibility of theemployee.44.Should an employee undertaking salary sacrifice arrangements cease employmentwith AUSTRAC, the employee will be required to take over the ownership or title ofany commitment entered into by AUSTRAC on the employee’s behalf. Any costsincurred by AUSTRAC on the discontinuation of the salary sacrifice arrangement willbe met by the employee. Equally, any outstanding expenses yet to be fully reimbursedto AUSTRAC will be settled with AUSTRAC prior to separation.SALARY INCREASE AS A RESULT OF PERFORMANCE45.At the end of the annual performance management cycle, an employee who achievesa rating of fully effective or higher and, who has attended work at their substantivePage 9
AUSTRAC Enterprise Agreement 2016-19level or at a higher classification level for a period totalling at least six calendar monthsduring the performance management cycle i.e. 1 September to 31 August (regardlessof whether they work full or part-time hours) will be advanced to the next pay point attheir substantive salary level until such time as they reach the top of the salary range.46.For the purposes of clause 45, an employee on any type of leave (excluding studyleave approved under this Agreement) during the performance management cycle isnot considered to have attended work for that period of leave.47.An employee in receipt of a higher duties allowance at a higher classification for acontinuous period of 12 months will be eligible for assessment, and, where they haveachieved a rating of fully effective or higher, will be eligible for advancement to thenext pay point of that higher classification level until such time as they reach the top ofthe salary range. The employee is required to have a performance agreement in placefor the higher classification. Where an employee:a) achieves salary progression at a higher classification based on theirperformance assessment at that level, andb) reverts to their lower classification, andc) later performs at the higher level again,the employee will be paid a higher duties allowance at the last salary point they wereon at the higher classification, irrespective of t
individual flexibility arrangement (IFA) to vary the effect of terms of the Agreement if: a) the IFA deals with 1 or more of the following matters: i. arrangements about when work is performed ii. overtime rates iii. penalty rates iv. allowances v. remuneration vi. leave, and b) the IFA meets the genuine needs of the CEO and employee in .
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