APVMA
ENTERPRISE AGREEMENT
2017–2020
Formal acceptance of the Agreement
By signing below, the parties to the Agreement signify their acceptance of its terms and conditions.
Signature:...... Date:......
Kareena Arthy
Chief Executive Officer
Australian Pesticides and Veterinary Medicines Authority (APVMA)
C/- PO Box 6182
Kingston ACT 2604
Signature:...... Date:......
TBA
Acting Deputy Secretary
Community & Public Sector Union (CPSU)
1/40 Brisbane Avenue, Barton ACT 2600
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CONTENTS
PART A: SCOPE OF THE ENTERPRISE AGREEMENT5
Title5
Coverage5
Duration5
Delegations5
Policies and Guidelines5
Other Legislation5
PART B: WORKING TOGETHER6
Consultation6
Staff Consultative Committee 7
Dispute Resolution7
Support for Carers8
PART C: PERFORMANCE AND CAPABILITY9
Performance Framework9
Study Encouragement9
Casual Employees9
Professional Memberships9
Employee Assistance Program9
PART D: FLEXIBLE WORK ARRANGEMENTS10
Hours of Work10
Flextime10
Executive Level Flexible Working Arrangements10
Part-time Employment and Job Sharing11
Flexible Working Arrangement for Parents11
Return to Work after Parental Leave12
PART E: LEAVE13
Portability of Leave13
Annual Leave13
Cancelled Leave13
Purchased Leave13
Christmas Closedown14
Public Holidays14
Long Service Leave14
Maternity Leave15
Adoption and Fostering Leave15
Leave for Supporting Parents15
Personal Leave15
Compassionate Leave16
Bereavement Leave16
Emergency Services Leave17
Jury Service Leave17
Defence Reservists Leave17
Miscellaneous Leave17
Unauthorised Absence17
Re-crediting Leave17
PART F: CLASSIFICATION AND REMUNERATION18
Rates of Pay18
Payment of Salary18
Salary on Engagement18
Salary on Promotion18
Salary on Movement18
Graduates18
Trainee APS Employees19
Flexible Remuneration Packaging19
Salary on Reduction19
Junior Rates19
Superannuation19
Band 3 Grandfathering20
Flexibility Clause20
PART G: PAYMENTS AND ALLOWANCES21
Higher Duties21
Travel Assistance21
Motor Vehicle Allowance21
First Aid Allowance21
On-call Allowance21
Overtime/Emergency Duty22
Meal Allowance23
Relocation Assistance23
Other Allowances23
PART H: SEPARATION24
Resignation24
Redundancy24
Attachment 1—Rates of Pay27
Attachment 2—Key Terms Defined29
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PART A
SCOPE OF THE ENTERPRISE AGREEMENT
1Title
1.1This Agreement is called the APVMA Enterprise Agreement 2017-2020.
2Coverage
2.1This Agreement is made in accordance with section 172 of the Fair Work Act 2009 (the FW Act).
2.2This Agreement covers the Chief Executive Officer (CEO) of the APVMA on behalf of the Commonwealth of Australia and non-SES employees employed by the APVMA under the Public Service Act 1999, (the PS Act).
3Duration
3.1This Agreement will commence operation seven days following notification of approval from the Fair Work Commission, and nominally expires three years after the date of commencement.
4Delegations
4.1The CEO may delegate to or authorise a person to perform any of the CEO’s powers or functions under this Agreement. Details are in the Human Resources Delegations document.
5Policies and Guidelines
5.1Policies, procedures and guidelines which support the operation of this Agreement may be varied from time to time. The APVMA will typically consult with employees for up to 14 days before any new policy, procedure or guideline, or variation to existing policies, procedures or guidelines, is implemented. Policies, procedures and guidelines apply in the form they are in at the time of any relevant action/decision. Any guidelines, policies and procedures referred to in this Agreement are not incorporated into, and do not form part of, this Agreement. A term of this Agreement prevails to the extent of any inconsistency with a guideline, policy or procedure.
6Other Legislation
6.1The parties to this Agreement acknowledge that employees covered by this Agreement are subject to the provisions of the following Acts (and regulations or instruments made under Acts) among others:
- Public Service Act 1999
- Fair Work Act 2009
- Fair Work (Transitional Provisions and Consequential Amendments Act) 2009
- Long Service Leave (Commonwealth Employees) Act 1976
- Maternity Leave (Commonwealth Employees) Act 1973
- Paid Parental Leave Act 2010 and its successor
- Superannuation Act 1976
- Superannuation Act 1990
- Superannuation Act 2005
- Superannuation Productivity Benefit Act 1988
- Safety Rehabilitation and Compensation Act 1988
- WorkHealth and Safety Act 2011
- Privacy Act 1988
- Public Governance, Performance and Accountability Act 2013.
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PART B
WORKING TOGETHER
7Consultation
7.1This term applies if the APVMA:
(a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours of work of employees.
Major Change
7.2For a major change referred to in paragraph7.1:
(a)the APVMA must notify the relevant employees of the decision to introduce the major change; and
(b)subclauses7.3 to 7.9 apply.
7.3The relevant employees may appoint a representative for the purposes of the procedures in this term.
7.4If a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; andthe employee or employees advise the APVMA of the identity of the representative the APVMA must recognise the representative.
7.5 As soon as practicable after making its decision, the APVMA must:
(a)discuss with the relevant employees:
(i)the introduction of the change; and
(ii)the effect the change is likely to have on the employees; and
(iii)measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and
(b)for the purposes of the discussion—provide, in writing, to the relevant employees:
(i)all relevant information about the change including the nature of the change proposed; and
(ii)information about the expected effects of the change on the employees; and
(iii)any other matters likely to affect the employees.
7.6However, the APVMA is not required to disclose confidential or commercially sensitive information to the relevant employees.
7.7The APVMA must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
7.8If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the APVMA, the requirements set out in paragraph 7.2 (a) and subclauses7.3 and 7.5 are taken not to apply.
7.9In this term, a major change is likely to have a significant effect on employees if it results in:
(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.
Change to regular roster or ordinary hours of work
7.10 For a change referred to in paragraph7.1(b) the APVMA must notify the relevant employees of the proposed change andsubclauses(7.11) to (7.15) apply.
7.11The relevant employees may appoint a representative for the purposes of the procedures in this term.
7.12If a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; andthe employee or employees advise the APVMA of the identity of the representative the APVMA must recognise the representative.
7.13As soon as practicable after proposing to introduce the change, the APVMA must:
(a)discuss with the relevant employees the introduction of the change; and
(b)for the purposes of the discussion—provide to the relevant employees:
(i)all relevant information about the change, including the nature of the change; and
(ii)information about what the APVMA reasonably believes will be the effects of the 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 the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).
7.14 However, the APVMA is not required to disclose confidential or commercially sensitive information to the relevant employees.
7.15The APVMA must give prompt and genuine consideration to matters raised about the change by the relevant employees.
7.16In this section relevant employees means the employees who may be affected by a change referred to in subclause 7.1.
8 Staff Consultative Committee
8.1Consultation on general employment and workplace relations matters (including on policies and procedures) will occur through the Staff Consultative Committee. The consultation period will typically be for a period of two weeks. The Staff Consultative Committee is not a decision making body.
9Dispute Resolution
9.1If a dispute relates toa matter arising under the agreement or the National Employment Standards this section sets out procedures to settle the dispute.
9.2An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term.
9.3In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management.
9.4If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission.
9.5The 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.
9.6While the parties are trying to resolve the dispute using the procedures in this term:
(a)an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and
(b)an employee must comply with a direction given by the APVMA to perform other available work at the same workplace, or at another workplace, unless:
(i)the work is not safe; or
(ii)applicable occupational 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.
9.7The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.
10Support for Carers
10.1APVMA will maintain a parenting and carers’ room. Use of these facilities is subject to the Family Room Guidelines.
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PART C
PERFORMANCE AND CAPABILITY
11Performance Framework
11.1All employees are required to actively participate in the APVMA Performance Management process.
11.2Upon meeting agreed expectations, employees will be eligible for performance progression if they have:
- not breached the APS Values and Code of Conduct
- achieved an end-cycle performance rating of ‘meets expectations’ or higher, and
- completed the mandatory training requirements set out either in the APVMA Learning and Development strategy or contained within their Performance Plan.
11.3The following progression will be available in accordance with the relevant performance rating:
- Exceeds Expectations—one increment plus 1% of salary, or 2% if salary has already reached the top increment
- Meets Expectations—one increment, or 1% if salary has already reached the top increment
- Requires Development—no increment and mandatory participation in the Performance Improvement Process (PIP-PEP)—(exclusion of new staff).
- A mandated flooring provision of the percentage payment is $600. All percentage payments are a one off lump sum payment only.
11.4Performance progression payments (increments and/or percentage payments) will be made on completion of
12 months service.
12Study Encouragement
12.1Eligible employees may apply for Study Encouragement. Further information is in the APVMA’s Study Encouragement Policy.
13Casual Employees
13.1Casual employees are entitled to a salary loading of 20% in lieu of access to paid leave on public holidays and all leave entitlements except long service leave, parental leave (if the employee is an eligible casual employee as defined by the Fair Work Act), two days unpaid carers leave per occasion, and three days unpaid compassionate and bereavement leave per each permissible occasion.
14Professional Memberships
14.1Where it is considered essential for the performance of duties the delegate will approve the funding of employee professional membership expenses.
15Employee Assistance Programme
15.1A confidential, professional counselling service is available to help employees resolve personal or work related problems. Details of how to access the Employee Assistance Programme are on the intranet.
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PART D
FLEXIBLE WORK ARRANGEMENTS
16Hours of Work
16.1Ordinary hours of work for full-time employees are 7 hours and 21 minutes per day. This equates to a standard week of 36 hours and 45 minutes or 147 hours per four-week settlement period.
16.2The span of hours during which an employee may work his or her ordinary hours is 7am to 7pm Monday to Friday.
The span of hours may be varied in special circumstances by agreement between an employee and their Manager.
16.3The standard hours of work are from 8.30am to 12.30pm, and 1.30pm to 4.51pm, Monday to Friday.
16.4The core hours when an employee is required to be on duty are 9:30am to 12:00 noon and 2:00pm to 4:00pm. However, the core hours may be varied with the mutual agreement of the employee and their Manager.
16.5No employee should work more than 10 hours per day, with the exception of approved overtime or approved work related travel. Employees should not work more than five consecutive hours without taking a break of at least 30 minutes.
17Flextime
17.1Employees at or below the APS 6 classification including part-time employees must use the flex scheme system to record their attendances and absences. Further information is available in the APVMA Flextime Policy.
17.2A flextime settlement period is a period of four weeks. A maximum flextime credit of 22.5 hours can be accumulated and carried over from one flextime settlement period to the next.
17.3The employee’s Manager in recognition of the employee’s contribution to meeting the APVMA’s operational demands may approve a carry-over limit in excess of 22.5 hours for a full-time employee (or part-time equivalent) for one settlement period.
17.4A maximum of 10 hours debit can be accumulated and carried over from one flextime settlement period to the next. Where an employee has accumulated a debit in excess of the allowable 10 hours (pro rata for a part-time employee) at the end of a settlement period, the excess hours will be treated as an unauthorised absence without pay.
17.5An employee may, with prior approval from their Manager, take no more than three days off per settlement period utilising flextime credits.
17.6An employee may be directed by their Manager to revert to specific hours of work for a specified time if their Manager assesses that operational requirements does not support flex accrual, work performance is unsatisfactory, or they have failed to comply with the flextime provisions.
17.7If an employee has a flex debit upon leaving APVMA the debit will be treated as leave without pay. Flex credits will be paid out upon leaving APVMA up to the maximum credits as outlined in subclause 17.2.
17.8An APS classification employee who is required to work over and above 7hrs 21 mins may be entitled to overtime where it has been pre-approved by the relevant delegate. The rates are set out in clause 59 of this Agreement.
18Executive Level Flexible Working Arrangements
18.1Employees at the Executive Level 1 and 2 classifications are covered by the APVMA’s Executive Level Flexible Working Arrangements Policy.
18.2Executive level employees play a significant role in the achievement of the APVMA’s corporate objectives, and often have extra, irregular and non-ongoing demands placed upon them, including working beyond standard hours.
18.3In recognition of this, remuneration for Executive Level employees includes consideration for unspecified ordinary and additional hours, and the increased expectations and contributions required.
18.4Executive Level employees and their Managers are able to agree to flexible working arrangements subject to operational requirements, to enable them to manage their work and other commitments/interests while ensuring they meet the Executive Level expectations of their role.
18.5Subject to prior discussion and agreement by their Manager, an Executive Level employee may be granted Time Off in Lieu (TOIL) where they have contributed additional productive effort, over and above the Executive level expectations of their role.
18.6Managers and employees have a joint responsibility for managing workloads and working hours, to ensure operational requirements are met whilst having regard to the employee’s personal circumstances.
19Part-time Employment and Job Sharing
19.1A part-time employee is one whose ordinary hours of work are less than 147 over a four week period. Employees who job share will be classed as part-time.
19.2Remuneration and other employment conditions are calculated on a pro-rata basis. For expense related allowances and allowances of a reimbursement nature part-time employees receive the same amount as full-time employees.
19.3Either the employee or the APVMA can initiate proposals for part-time work. An employee will only move to part-time employment with the agreement of the CEO or delegate. The CEO or delegate will consider applications in light of personal requirements of the employee and the APVMA operational requirements. Further information regarding eligibility for part-time employment (as a form of flexible working arrangements) can be found in clause 20.1 of this Agreement.
19.4Applications for part-time work will usually only be considered for an agreed fixed period. The pattern of working hours and any variations to the arrangements will be agreed in writing.
19.5A part-time employee will revert to full-time employment at the end of the agreed period, unless a renewal is approved. A renewal application for part-time work must be received by the APVMA as soon as practicable before the conclusion of the part-time agreement. A part-time employee may revert to full-time at any time if the CEO or delegate agrees.
19.6Where a full-time employee is permitted to work part-time for an agreed period, the employee will have a right to revert to full-time employment at the same level, at the conclusion of the agreed period.
19.7Subclauses 19.3 to 19.6 only apply to full-time positions where employees request to work part-time and do not apply to ongoing part-time positions.
19.8Employees working part-time will be entitled to single rate of pay for work undertaken for the difference between their standard day and 7 hours and 21 minutes, and thereafter, the overtime rate applicable to employees working full-time.
20Flexible Working Arrangements
20.1Employees can request flexible working arrangements if they are the parent (or responsible for) a child who is school aged or younger, are a carer, have a disability, are 55 years or older, are experiencing family or domestic violence, or provide care or support to a member of their household or immediate family who requires care and support because of family or domestic violence.