Enterprise Agreement
Explanatory Document
December 2016
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1.Introduction
The proposed IP Australia Enterprise Agreement 2016 (EA) is now available for staff to consider prior to an all staff vote.
A vote on the new EA will open at 9 am on Tuesday 13 December 2016 and close at 4 pm on Thursday 15 December. Staff will receive an email or letter providing further detail on the voting process.
The EA will cover all non-SES APS employees at IP Australia.
This explanatory document explains:
- IP Australia’s offer
- proposed remuneration and
- proposed changes in the EA.
Please find a summary of commonly asked questions below to explain the offer being made by IP Australia.
2.Frequently asked questions (FAQs)
As always you can submit any further questions you may have via MDB-EA-Team.
Remuneration
Q: What is the salary increase being proposed for IP Australia staff?A: The pay offer that has been approved for introduction to bargaining is6.0% over the life of the Agreement and includes an initial salary rise of 3.0% for the first year, a 2% salary rise for the second year and a 1% salary rise for the final 12 months of the agreement.
The proposed EA shows all salaries going forward over the life of the agreement.
Q: When will this pay offer take effect?
A: If the EA is approved by a majority of staff, a pay rise will come into effect seven days after approval from the Fair Work Commission.
Q: Will salary increases be backdated?
A: It is important to note that the bargaining policy does not allow for any back-pay or sign-on bonuses.
Q: What will happen to the rate at which allowances are paid?
A: Allowances will be adjusted in accordance with the salary increases in the EA or annual CPI increases.The draft EA identifies how particular allowances will be adjusted.
Q: What happens to my Individual Flexibility Arrangement (IFA) when the new Enterprise Agreement commences?
A: Under the Fair Work Act 2009, once the new Enterprise Agreement takes effect, all current IFAs will cease. Prior to a new EA coming into operation People Management will seek advice from General Managers as to whether IFAs will be renewed under the new EA. If an IFA is not going to be renewed this will be discussed with the employee concerned. IFA’s will remain an important option for IP Australia’s remuneration arrangements with staff.
Q: What are the productivity measures behind the Agreement? How is the pay rise being funded?
A: The APS Commissioner has approved a 6% salary increase for staff over the life of the EA.
The total funding for our EA is based on the removal of restrictive content from the existing EA, and restructuring of corporate support roles which will see a total reduction of 23 full time equivalent positions.
Q: What is happening to the bonus arrangement for EL2 level employees?
A: Employees at the EL2 level will receive an additional one off pay-rise of 3.7% in the first year. After that EL2s will access the standard IPA wide performance management framework. Bonuses for EL2s will be removed.
Proposed changes in our new agreement
Q: Why are we moving some employment arrangements which use to be contained with the EA to HR policy? If these are changing, where can I find the HR policies, procedures and guidelines that affect me?A: Our new agreement is supported by a range of policies, procedures and guidelines which outline the principles and administration aspects involved with each entitlement.
IP Australia has created a new draft EA that clearly states entitlements without duplication of legislation or policy detail. Streamlining is key component of the bargaining policy.
The EA team is taking the opportunity to update all of our policies, procedures and guides making improvements where we can and to ensure all information is current.
Draft policies are available on the EA Staff Bulletin Board.
If the EA is approved by staff there will be a round of consultation to finalise these documents.
Q: So in summary what is different and what remains the same in this proposed EA?
A: The following summarises what is in the current EA and whether changes have been made or not:
Duration of the EA – the EA will be a 3 year agreement.
Operation of the EA – as is the case in the current EA, the new EA will be supported by policies and procedures which may be amended through consultation. The EA stipulates that policy documents put to the WPC for amendment must be posted on the Intranet for at least two weeks (New provision)
Superannuation – condition maintained.
Overtime – condition maintained.
On call allowance – condition maintained will continue to be increased at the same rate as salaries over the life of the EA.
Emergency duty provisions – condition maintained.
Minimum payment provisions – condition maintained.
Extra duty provisions for EL staff – condition maintained.
Higher duties allowance – condition maintained. Words have been included to make it clear that payment for periods over two weeks will be made for the entire period (New provision).
Procedural content not relevant to the provision of the entitlement has been moved to policy.
Additional responsible allowance – condition maintained.
First Aid, Emergency Control, Equity and Diversity Contact Officer and Health and Safety Representatives Allowances – condition maintained and will increase by salary increases over the life of the EA. Procedural content concerning the selection and payment of allowances in certain conditions has been moved to policy.
Patent document translation allowance – condition maintained will increase by the rate of salary increases over the life of the EA.
Meal allowance – condition maintained will increase by CPI increases over the life of the EA.
Disability allowance – condition removed from new EA.
Relocation – condition maintained.
Loss, damage and indemnity - condition maintained.
Smoke free workplace – The Commonwealth Government has had a smoke free workplace policy since 1987. This provision is adequately covered by IP Australia’s obligations under Work Health and Safety legislation. Support for employees wishing to quit smoking is continued under the Health and Wellbeing provisions.
Health and wellbeing payment – Condition maintained and now incorporates support for Quit Smoking Programs.
Prior service and accrued leave – Condition maintained.
Separation from employment – Conditions maintained except payment on resignation at a higher level for separation while on HDA under 12 months has been deleted.
Freedom of association - The wording has been changed in the new EA. It aligns with provisions in the Fair Work Act 2009.
Workplace representatives – This has been deleted from the new EA and moved to policy.
Major changes – Condition maintained.
Group level and Corporate level consultation – Provision for Group level consultative committees and the Work Place Committee has been maintained.
The EA stipulates that the Terms of Reference for the WPC can only be changed by agreement by the WPC (New provision).
The procedural clauses of the existing EA have been moved to policy and this policy can only be changed by agreement by the WPC.
Other decisions – The definition of what constitutes consultation has been moved to policy.
Dispute resolution – This clause has been changed to the model clause found in the Fair Work Act 2009.
Support for employees – This condition has been deleted from the new EA but included in policy.
Termination of employment – While the wording has been changed the condition is maintained.
Performance management – The provision of a performance management scheme has been maintained in the new EA.
Performance bonuses for EL2’s – This condition has been removed from the new EA and rolled into EL2 salaries as a one off payment.
Pay point advancement – Condition maintained.
Studybank – Condition maintained.
Flexibility overview – This section has been deleted as it covers entitlements in the Fair Work Act 2009 or is purely aspiration and moved to policy.
Individual flexibility arrangement – Condition maintained. The reporting requirement for the WPC has been removed to policy.
Standard hours – Condition maintained.
Bandwidth – Conditions maintained.
Working patterns – condition maintained and a new clause inserted to avoid any doubt as to what happens if an agreement on working patterns cannot be reached (New provision).
Attendance – Requirement to use the corporate electronic flexsheet “Timekeeper” has been extended to EL1 employees using TOIL (New provision).
Unauthorised absences – Condition unchanged.
Flextime scheme including flex balances, flex leave, EL1 TOIL arrangements and reversion to standard hours – Conditions unchanged.
EL2 and OPW flexible working arrangements – Condition maintained and procedure moved to policy.
Part time work – Condition maintained and strengthened through the requirement for management to meet a timeframe if the application is refused (New provision).
Telework – Condition that telework can be undertaken, travel and accommodation costs relocation expenses maintained. Procedural clauses have been moved to policy.
Annual leave – Conditions maintained.
Personal/Carer’s leave – Conditions maintained.
Purchased leave – Purchased leave may be used prior to it being ‘paid’ for (New provision). Half pay purchased leave has been deleted.
Compassionate leave – Condition has been maintained except provision for ‘close friend’ has been moved to Miscellaneous leave policy.
Documentary evidence requirements – Condition maintained and now allows for evidence that would satisfy a reasonable person (see definitions).
Personal/Carer’s leave substitution – Condition maintained.
Maternity Leave – Half pay, extra two weeks and car parking maintained. Provisions provided for in other legislation deleted.
Unpaid special maternity leave – Condition maintained.
Adoption/Foster’s Carer’s leave – Condition maintained.
Parental support leave – Condition maintained.
Unpaid parental leave – Condition maintained and provisions provided for in other legislation removed.
Return from Maternity, adoption/foster carer’s leave – Condition maintained.
Long service leave – Condition maintained.
Miscellaneous leave – Condition maintained. Procedural aspects moved to policy.
Cultural, ceremonial and NAIDOC leave – condition maintained.
Defence service leave – Condition maintained.
Community service leave – Condition maintained.
Community volunteer leave- As described in the current EA the provision for volunteering is incorporated into Miscellaneous leave policy.
Cancellation leave and recall – Condition maintained.
Public holidays and Christmas closedown – Conditions maintained.
Family assistance arrangements – Condition maintained and re-imbursement amount increased by salary increases over the life of the EA.
Carer’s room – Condition maintained.
Lactation breaks – Condition maintained.
Extra dependant care costs – Condition maintained.
Meeting times – Provision deleted from new EA and incorporated in policy.
Occupation health and safety – Words deleted from EA as IP Australia’s responsibilities are set out in the WHS Act in regards to providing a safe and healthy workplace.
Managing excess employee – Conditions maintained.
Attachment A – rates of pay updated to reflect pay increases.
Attachment B – Examiner provisions. Rates of pay updated to reflect pay increases. Movement to last pay point for all Examiners now based on 5 ratings and not 5 continuous years. Employees who take long leave are no longer disadvantaged (new provision).
Attachment C – Training classifications. Rates of pay updated to reflect pay increases.
Attachment D – Adjustment mechanisms for allowances – maintained.
Attachment F – Principles for workplace delegates – Removed from new EA and included in the Guide to Workplace Participation. The Guide can only be changed by agreement of the WPC.
Attachment G – Protocols and facilities for bargaining representatives. Removed from EA. Facilities arrangements for bargaining representatives will be negotiated at the time that the bargaining round commences.
What happens if staff say ‘no’ to the offer?
A: The current EA, and all of its provisions, will continue until it is replaced by a new agreement.
Staff will get to have their say on the acceptance or rejection of the proposed remuneration offer at the upcoming all staff vote. This process will be facilitated by an external provider who will manage an online vote.
Want to know more?
For more information please visit the 2016 Enterprise Agreement Bulletin Board, talk to your Director or General Manager, or email MDB-EA-Team.
This document is controlled. Its accuracy can only be guaranteed when viewed electronically.
Effective Date: Day Month YearPage 1 of 18