SEGMENT /
audience /
FORMAT /
DATE
ATO (General Employees) Agreement 2009
An agreement between the Australian Taxation Office (ATO) and the Australian Municipal, Administrative, Clerical and Services Union (ASU).
Effective from:
8 July 2009 /
Contact point:
People Helpline (0)13 15 50
108
ATO (GENERAL EMPLOYEES) AGREEMENT 2009
TABLE OF CONTENTS
Section A - About This Agreement 6
1. Aims of the Agreement 6
Section B - Employee Involvement 7
2. Employee Consultation 7
3. Corporate Consultation 7
4. Employee Representation 9
5. ATO Policies and Guidelines 9
6. Notice-Boards 9
Section C - Pay and Allowances 10
Pay Increases 10
7. Productivity Pay for 2009-2011 10
8. Measuring Corporate Outcomes 11
9. Salary for Superannuation Purposes 11
Pay 12
10. Base Rates of Pay 12
11. Annual Salary Advancement 12
12. Junior Rates of Pay 13
13. Trainee Rates of Pay 13
14. Cadets 13
15. Supported Wage Scheme 13
16. Fortnightly Payments 13
17. Salary on Engagement 14
18. Salary on Movement at Level from another APS Agency or from an ATO AWA 14
19. Salary on Promotion 14
20. Salary on Reduction 14
Salary Related Allowances 16
21. Performance of higher duties 16
22. Departmental Liaison Officer Allowance 17
23. Intermittent Motor Driving Duties Allowance 17
24. First Aid Allowance 17
25. Community Language Allowance 17
26. Health and Safety Representative Allowance 17
27. Emergency Warden Allowance 18
28. Harassment Contact Officer Allowance 18
29. Wellbeing Site Representative Allowance 18
29A. Indigenous Liaison Officer Allowance 18
30. Other Allowances 18
Non-Salary Allowances 19
31. Loss or Damage to Clothing or Personal Effects 19
32. Maintenance of Personal Equipment 19
33. Additional Conditions for Field Work 19
34. Motor Vehicle Allowance 20
35. Use of Mobile Phones 21
Transfer and Locality Allowances 22
36. Eligibility for Relocation Costs 22
37. Removal Expenses 22
38. Expenses for Sale or Purchase of Home 23
39. Disturbance Payment 24
40. Temporary Accommodation Allowance 24
41. Education Costs 25
42. Remote Localities Leave Fares 25
43. Emergency or Compassionate Travel 25
44. District Allowance 26
45. Additional leave credits for remote localities 26
46. Cost of Transport for Medical or Dental Treatment 26
Overtime and Penalty Rates 27
47. Overtime 27
48. Emergency duty 29
49. Restriction duty 29
Specific Types of Employees 32
50. Trainees 32
51. Cadets 32
52. Supported Wage Employees 33
53. Regular part time employment 33
54. Job Sharing 36
55. Non-Ongoing Employees – general terms and conditions 36
55A. Non-Ongoing Employees whose current period of employment with the ATO commenced prior to the date this Agreement commenced – additional terms and conditions 38
55B. Non-Ongoing Employees whose current period of employment with the ATO commenced on or after the date that this Agreement commenced – Additional terms and conditions 40
56. Shiftwork 43
57. Employees - Irregular or Intermittent Duties 44
58. Compliance surveillance employees – hours of duty and associated provisions 46
Travel 51
59. Travelling Allowance 51
60. Assistance with Holiday Care Program Costs 52
61. Additional Care Costs 52
62. Camping Allowance 52
63. Excess Travel 52
64. Class of Air Travel 53
65. Reimbursement of fares to visit sick employee 53
Pay Options 54
66. Salary Packaging 54
67. Superannuation 54
67A. Recovery of Debts to the ATO 54
Section D - Balancing Work & Personal Life 56
68. Work/Family/Lifestyle Balance 56
69. Employee Assistance Scheme 56
70. Personal Wellbeing Program 56
70A. Health and Wellbeing Allowance 57
Attendance and Working Patterns 57
71. Timekeeping 57
72. Flexible Working Patterns 57
73. Flextime 59
74. Client Service Window - Meeting Obligations for 8 am to 6 pm Service to Clients 61
75. Unauthorised Absences 63
Working at Home 64
76. Working at Home 64
Holidays 65
77. Public Holidays 66
78. Christmas Closedown 66
Leave 68
79. General Leave Provisions 68
80. Annual Leave 68
81. Purchased Leave Scheme 69
82. Long Service Leave 70
82A Sabbatical Leave 70
83. Expenses on cancellation of leave 70
84. Personal Leave 70
85. Compassionate Leave 74
86. Bereavement Leave 75
87. War Service Sick Leave 75
88. Ceremonial Leave 75
89. Maternity and Maternal Leave 75
90. Parental Leave 76
91. Adoption Leave 76
92. Jury Service 76
93. Witness Leave 76
94. Workplace Relations Training Leave 76
95. Blood Donor and Vaccination Leave 77
96. Miscellaneous Leave 77
Section E - Employment 78
Workforce Planning and Adjustment 78
97. Permanent Relocation of Employees between Offices 78
98. Assignment of duties 79
99. Workforce Plan and Flexibility 79
100. Benefit Periods 80
101. Employees whose services cannot be effectively used 80
102. Excess Employees 81
103. Preventing excess employee situations 81
104. Redundancy Provisions 83
105. Termination of Employment 87
106. Resignation 88
Under Performance 88
107. Performance Counselling 88
108. Unsatisfactory Performance Procedures 89
Monitoring 92
109. Automated Employee Monitoring 92
Performance Improvement and Market Testing 92
110. ATO Approach 92
Classification and Remuneration System 93
111. Consultation with Employees – Classification and Remuneration Matters 93
112. ATO Classification Arrangement 93
113. Recruitment and Selection 93
Workplace Environment 93
114. Code of Conduct 93
115. Anti-Discrimination 94
116. Workplace Diversity 94
117. Occupational Health and Safety (OH&S) 94
118. Accommodation 94
119. Disruption due to Building Activity 95
120. Procedures for Air-Conditioned Workplaces 95
Section F - Skilling & Development 96
121. Performance system 96
122. Capability Development 97
123. How to identify individual learning and development needs 98
124. How learning and development needs will be met. 99
125. Advancement Development Programs 100
126. Continuing Professional Development 101
127. Career Development 102
Section G - Technical & General 105
128. Name of the Agreement 105
129. Who Does the Agreement Cover? 105
130. When Does the Agreement Start and End? 105
131. Definitions 105
132. Relationship to Other Agreements and Awards 107
133. Safety Net Clause 107
134. Closed Agreement 107
135. Authority of the Commissioner 107
Section H - Disputes 109
136. Disputes Avoidance and Settlement Procedures 109
ATTACHMENTS 112
ATTACHMENT A 112
Schedule 1 – ATO General Employees Pay Rates 2009 – 2011 112
Schedule 1 – ATO General Employees Pay Rates 2009 – 2011 cont. 113
Schedule 2 – ATO Junior rates percentages 114
Schedule 3 – ATO Trainee rates percentages 114
Schedule 4 – Executive Level 1 Pay Structure 114
AVO Salary Rates 116
ATTACHMENT B 117
ATO Agreements 2009 Corporate Outcome Measures 117
ATO Agreements 2009 Service standards 118
ATTACHMENT C 119
Conditions Relating to Service for Redundancy Benefit Purposes 119
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108
ATO (GENERAL EMPLOYEES) AGREEMENT 2009
Section A - About This Agreement
1. Aims of the Agreement
1.1 / The aims of this agreement are to facilitate:a) The ATO’s role as a quality service provider responsive to the needs of Government and the Australian community – to deliver business outcomes and maintain community confidence so that it remains Government’s agency of choice.
b) The ATO remaining a quality and attractive employer – so it can:
- be competitive in recruiting and retaining employees;
- appropriately reward and recognise the work ATO employees do for Government; and
- be as flexible as it can, taking into account employees’ preferences and personal circumstances.
c) The maintenance and development of strong co-operative relationships between the ATO and its employees that are typified by:
- openness, transparency and a willingness to consult;
- a shared understanding of mutual expectations and obligations; and
- genuine two-way communication between managers and employees
d) Continued investment in the ATO workforce, through an enhanced ability to assess and develop the capability of ATO employees.
e) Progress toward a strong values-based performance culture, focused on team productivity and individual performance.
Section B - Employee Involvement
2. Employee Consultation
Principles2.1 / Consultation and communication within the ATO takes place on the basis of the following principles:
· The Commissioner and the ATO Executive have the responsibility of making business decisions that affect the ATO’s outcomes and future.
· Team leaders, at all levels, are also accountable for delivering business outcomes and have the authority to make relevant decisions.
· Employees should be consulted about matters that significantly affect them.
· Employees have a right to have their views represented through their chosen representative, including union representatives.
Definition
2.2 / “Consultation” means the sharing of information and providing a genuine opportunity for employees and their representatives to put their views to the appropriate decision maker and for those views to be considered before a final decision is made.
Prospective decisions
2.3 / In line with the above principles, the ATO will undertake consultation with employees and their representatives, where practicable, in relation to prospective business decisions. This will normally include the context and/or reasons for the prospective decision and the potential impacts.
Implementation of decisions
2.4 / The ATO will also consult with employees and, where they choose, their representatives in relation to the implementation of decisions that significantly affect them. This will normally include the context and/or reasons for the decision and the potential impacts.
3. Corporate Consultation
3.1 / Consistent with the principles stated in clause 2 the ATO undertakes to consult with employees, and their representatives, regarding matters relating to organisational or operational change that may affect employees. Consultation is to occur at the national, sub plan or local level as appropriate for the nature of the change.3.2 / In addition, the ATO will consult with employees and their representatives as and where required under the provisions of specific clauses in this Agreement.
3.3 / The parties agree to establish a National Consultative Forum (NCF). The NCF is a forum for consultation, on a regular basis, on:
(a) issues surrounding implementation of this Agreement, as well as associated people management policies and guidelines as varied from time to time;
(b) matters impacting on employees that have an ATO wide focus or significance; and
(c) other standing agenda items; e.g. environment and accommodation.
In addition, as part of this forum, employees and their representatives will be offered the opportunity to be briefed by ATO management twice a year on overall corporate directions and initiatives including budget updates.
3.4 / The NCF will comprise: the Commissioner (or FAC ATO People as proxy), as Chair, the chair of each of the Sub Plan Consultative Forums established under sub clause 3.7, and employees and their representatives. The ASU will have three representatives. In addition, the Commissioner will determine the number of employees, and where they choose, their representatives who will be invited to be members of the Forum. In addition, there will be employee representation as provided for under the ATO (Executive Level 2) Agreement 2009.
3.5 / The NCF will develop and operate in accordance with Terms of Reference that are endorsed by the NCF, which will be developed at its first meeting. The terms of reference will include, but not be limited to, an agreement of the members of the NCF to:
a) discuss workplace matters in a spirit of cooperation and trust; and
b) ensure that employees and their nominated representatives not only receive information on workplace issues that affect them, but also have an opportunity to contribute to the discussions on those issues and have their views considered on those matters.
3.6 / The forum will meet at least three times a year. These meetings will generally be in person. Additional meetings will be held as necessary. Its members are to seek to reach agreement through a process of consultation and discussion. Where agreement cannot be reached on matters before the NCF, the Commissioner of Taxation (or his delegate) will make a final decision.
Sub Plan Consultative Forums
3.7 / There will be Sub Plan Consultative Forums which will be established under the terms of Reference as determined by each consultative forum. Where agreement cannot be reached on matters before the Sub Plan Consultative Forum, the Commissioner of Taxation (or his delegate) will make a final decision.
Support for Corporate and Sub Plan Consultative Processes
3.8 / Where employees are involved in consultative or business forums, they will be provided with a suitable facilities package to give them the necessary support.
Workplace Consultation
3.9 / At the workplace level consultative arrangements with employees should be based on the following principles:a) workplace issues should be discussed in a spirit of cooperation and trust;
b) employees should receive information on issues that significantly affect them;
c) Team leaders are accountable for their area but, wherever practicable, employees should have an opportunity to contribute their views before team leaders implements decisions that will significantly affect them; and
d) there should be a direct relationship between team leaders and team members.
3.10 / Team leaders will also consult with employees and, where they choose, their representatives as and where required under the provisions of specific clauses in this Agreement.
Freedom of Association
3.11 / The ATO recognises that employees are free to choose to join or not join a union.
3.12 / Irrespective of that choice employees will not be disadvantaged or discriminated against in respect of their employment under this agreement. Employees who choose to be members of a union have the right to participate in lawful union activities and have their industrial interests represented by that union.
4. Employee Representation
4.1 / In any individual employee workplace matter arising under this agreement, an employee may have an employee representative, which may be a union representative, assist or represent them. To avoid doubt, this assistance includes acting as an advocate. All participants will treat each other with respect and courtesy and all participants will deal with the employee’s representative in good faith.4.2 / For ATO employees, time spent on being a union or other representative under this clause is time on duty. Release from duty will be subject to operational requirements and prior approval from the representative’s team leader.
4.3. / The period of release will extend to the time of discussions, meetings or interviews with management plus a reasonable time to assist the other employee before and after the discussion, meetings or interview. Nothing in this clause should be read as providing or enhancing any right of entry for the employee representative to enter ATO.
5. ATO Policies and Guidelines
5.1 Where it is proposed to develop any new policy or guideline that relates to the provisions of this Agreement, the ATO will consult with employees and their representatives prior to finalisation.