Departmental Circular 2012-35: Supporting Guidelines to ... · PDF fileagainst the Relief Staff Budget must be paid at the same salary and classification as the ... established position

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Commonwealth Members of Parliament Staff Enterprise Agreement Guidelines

Part-time work

Enterprise Agreement Guidelines – July 2012 1

1. Part-time employees (ongoing and non-ongoing) work a specified number of hours per week that are less than the ordinary weekly full-time hours specified in clause 37.1 of the Enterprise Agreement (37 hours 30 minutes), as agreed in writing by the employing Member and the employee.

2. A part-time employee receives payment for salary and allowances, including electorate staff allowance (ESA) and parliamentary staff allowance (PSA), on a pro rata basis for the number of hours they work per week when compared to full-time weekly hours, subject to paragraph 5.

3. A part-time employee receives access to leave on a pro rata basis for the number of ordinary hours they work per week when compared to full-time weekly hours.

4. Ongoing and non-ongoing part-time employees may be paid for additional ordinary hours, up to the limit of full-time hours (as specified in clause 37.1 of the Enterprise Agreement), against the employing Member’s Relief Staff Budget. Additional hours against the Relief Staff Budget must be paid at the same salary and classification as the employment against the established position.

5. Where a part-time employee works partly against an established position and partly against the Member’s Relief Staff Budget, ESA will only be payable for the hours worked against an established position in accordance with clause 40.14 of the Enterprise Agreement.

6. More than one person may be employed as a part-time employee in any or all of a Member’s established positions, provided that the total ordinary hours worked per week by the part-time employees sharing a single position do not exceed 37 hours and 30 minutes.

Ability to vary ordinary weekly hours of duty

7. By completing the Variation to an Existing Employment Agreement and providing the change can be accommodated within the Member’s staffing allocation (i.e. against an established position and/or available Relief Staff Budget), an employee and employing Member may at any time agree that the employee is to:

(a) change from full-time to part-time weekly hours;

(b) change from part-time to full-time weekly hours; or

(c) vary the number of part-time weekly hours worked.

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Ongoing, Non-ongoing and Casual Employment

Enterprise Agreement Guidelines – July 2012 – 1 –

TYPES OF EMPLOYMENT

1. The Enterprise Agreement provides for three types of employment for employees, including senior staff: ongoing (at clause 15), non-ongoing (at clause 16) and casual (at clause 17).

2. On commencement, the employing Member is required to identify the type of employment that applies to an employee and complete the appropriate employment agreement.

3. Employment agreements, and/or variations to employment agreements, are to be completed, and signed by both the Member and the employee, prior to, or on the date of, commencement. Where this is not possible, documentation is to be completed at the earliest opportunity. Employment documents are to be submitted to the Department without delay.

4. The conditions of employment that apply to ongoing, non-ongoing and casual employees are summarised in the table at the end of this Guideline.

Ongoing employment

5. Ongoing employment does not have a specified date of cessation. Ongoing employment continues until the employee resigns or their employment is terminated by the employing Member or by operation of the MOP(S) Act.

6. While an ongoing employee may not be employed solely against a temporary position, this does not prevent the temporary performance progression or temporary transfer of an ongoing employee to a temporary position.

Non-ongoing employment

7. Non-ongoing employment is for a fixed period. The fixed period may end on a specified date, at the completion of a task or on occurrence of a particular event. For example, non-ongoing employment may be used to fill a vacancy while an ongoing employee is on maternity leave or long service leave or pending the completion of a recruitment process to fill an established position on an ongoing basis.

8. A period of non-ongoing employment may not be longer than 12 months. The end date for a period of non-ongoing employment may be extended using a Variation to an Existing Employment Agreement, provided that the total period, including the extension, does not exceed 12 months. The Variation to an Existing Employment Agreement form is available on the Ministerial and Parliamentary Services intranet.

Casual employment

9. Casual employment is used where the employment is occasional, non-systematic or irregular and there is no expectation or guarantee of continuing employment. For example, casual employment may be used to fill a vacancy while an employee is on short term personal leave or to assist in the office during peak periods as required.

In general, a casual employee can be identified by the following features:

(a) the employment pattern is occasional, non-systematic or irregular;

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(b) the employment is conditional upon the availability of work;

(c) there is no reasonable mutual expectation of continuity of employment;

(d) the employee is not required to give notice to the employing Member prior to the employee being absent; and

(e) the employee is only paid for the hours worked.

COMMENCEMENT, TERMINATION AND TRANSFERS

Date of commencement and termination

10. Except in the case of continuous service under the MOP(S) Act, the date for the commencement or termination of a period of employment must not coincide with a public holiday unless the employee is required to work on that day. Where an employee is not required to work on a public holiday, the employment will be deemed to have terminated on the working day prior to the public holiday, and conversely a commencement will be deemed to take effect on the working day directly following a public holiday.

Effect of moving between the different types of employment

11. If an employee ceases one type of employment and commences another type of employment, a new employment agreement is required. The conditions of employment that relate to the employee’s new type of employment will apply from the commencement date as specified in the employment agreement.

Effect of moving between ongoing and non-ongoing employment

12. An ongoing employee is eligible for severance benefits, additional severance benefits and the career transition payment (in accordance with clauses 71, 72 and 73 of the Enterprise Agreement respectively), whereas a non-ongoing employee is not eligible for these entitlements.

13. If an employee ceases to be employed as a non-ongoing employee and is appointed as an ongoing employee, the employee becomes eligible for severance benefits, additional severance benefits and the career transition payment should the employment be terminated at a future date. Previous continuous service as a non-ongoing employee will count as service for the purpose of calculating severance benefits.

14. If an employee ceases to be employed as an ongoing employee and is engaged as a non-ongoing employee, the employee will not be eligible for severance pay, additional severance benefits or the career transition payment on the termination of the non-ongoing employment.

Effect of moving between casual employment and ongoing/non-ongoing employment

15. Moving to casual employment will break continuity of service for all purposes should the employee return to ongoing/non-ongoing employment at a later date. Casual employment does not count as service for any purpose except for long service leave.

16. An employee who moves from ongoing/non-ongoing employment to casual employment will have any accrued annual leave paid out to the employee at the

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salary rate received on the last day of employment as an ongoing/non-ongoing employee. The employee will no longer have access to any personal leave previously accrued; however, if they return to ongoing/non-ongoing employment recognition of prior service is available, subject to eligibility.

17. An employee who moves from ongoing employment to casual employment will not be eligible for severance benefits, additional severance benefits or the career transition payment in respect of the casual employment or any earlier periods of MOP(S) Act employment. If an employee moves from casual employment to ongoing employment they will become eligible for these entitlements. Previous continuous service as a casual employee or any earlier periods of MOP(S) Act employment will not count as service for the purpose of calculating severance benefits.

Temporary transfers for ongoing employees to another office

18. Where an ongoing employee is employed by a Member (the ‘first Member’) and, without ceasing employment with the first Member and without a break in MOP(S) Act employment, accepts a temporary transfer to the office of another Member (the ‘second Member’), with the written agreement of both Members then:

(a) the employee and the second Member must complete a non-ongoing employment agreement (noting that the maximum length of engagement is no more than 12 months) and the written agreement of the first Member must be attached;

(b) in accordance with clause 15.4 of the Enterprise Agreement, employment conditions for ongoing Employees continue to apply and the employee’s status as an ongoing employee will not be affected; and

(c) the employee returns to the office of the first Member upon completion of the temporary transfer unless:

(i) the employment is terminated by either the first Member or employee; or

(ii) a further period of temporary transfer occurs, in accordance with the above provisions.

19. Termination of the employment in the office of the second Member does not entitle the employee to severance benefits, additional severance benefits or the career transition payment as the employee will return to the office of the first Member without a break in MOP(S) Act employment.

Australian Public Service (APS) and other eligible employees engaged as MOP(S) Act employees

20. Where an ongoing APS employee, or other employee subject to clause 59.1 of the Enterprise Agreement, is granted leave without pay in order to take up employment under the MOP(S) Act:

(a) the employee and the employing Member must complete an employment agreement (noting that the maximum period of non-ongoing employment is 12 months);

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(b) the employee’s existing annual and personal leave credits will transfer to their MOP(S) Act employment and the employee will continue to accrue leave in accordance with the Enterprise Agreement; and

(c) if the employee’s employment is terminated by operation of the MOP(S) Act, the employee will return to their previous employer; will not be eligible for severance benefits, additional severance benefits or the career transition payment under the Enterprise Agreement; and their accrued leave entitlements will be transferred to the previous employer and will not be paid in lieu.

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Type of employment

Conditions of Employment Ongoing Non-ongoing Casual

20% loading No No Yes

Paid leave accrual/access Yes Yes No

Long service leave Yes Yes Yes

Payment for public holidays not worked Yes Yes No

Salary increments Yes –as per clauses 23.6 and 23.7 of the Enterprise Agreement

Yes –as per clauses 23.6 and 23.7 of the Enterprise Agreement No

Salary packaging Yes Yes – superannuation only, where employment agreement is for 3 months or longer.

No

Higher duties allowance Yes No No

Corporate responsibility allowance Yes Yes No

Relocation expenses Yes No No

Full-time ordinary weekly hours of work 37 hrs 30 mins 37 hrs 30 mins No ordinary hours of work

Electorate staff allowance (ESA) for electorate employees

Yes, for hours worked against established electorate position. Not

payable for any hours against the Relief Staff Budget other than under

clause 40.14. Employees may opt for time off in lieu

instead of ESA

Yes, for hours worked against established electorate position. Not payable for any hours against the Relief Staff Budget other than under clause 40.14. If employed wholly against the Relief Staff Budget, may work additional hours paid against the Relief Staff Budget. Employees may opt for time off in lieu instead of ESA

No – paid on an hourly basis

Parliamentary staff allowance (PSA) for personal employees

Yes – but excludes employees of former PMs no longer in the Parliament. Employees may opt for time off in lieu instead of PSA

Yes – but excludes employees of former PMs no longer in the Parliament. Employees may opt for time off in lieu instead of PSA

No – paid on an hourly basis

Time off in lieu (TOIL)

Yes – as negotiated with Member, where an employee elects not to receive ESA or PSA, or where the Member does not allocate ESA

Yes – as negotiated with Member, where an employee elects not to receive ESA or PSA, or where the Member does not allocate ESA

No

Maximum length of each employment agreement Not applicable

No more than 12 months – if to be employed for a further period, new employment agreement must be completed

4 weeks, although each day or part day worked is a separate engagement

Probation Yes – but may be waived by employing Member

Optional – as determined by employing Member No

Severance benefits Yes – other than as set out at clause 71.1 of the Enterprise Agreement No No

Payment in lieu of notice Notice, or payment in lieu, as per clause 70 of the Enterprise Agreement

Where terminated before end of employment agreement entitled to notice, or pay in lieu of notice, as per clause 70 of the Enterprise Agreement

No

Career transition payments

Yes – where additional severance benefits payable in accordance with clause 73 of the Enterprise Agreement

No No

Motor vehicle allowance Yes Yes Yes

Travelling allowance Yes Yes Yes

Studies assistance, including study leave Yes Yes No

Retention payment Yes – as per clause 26 of the Enterprise Agreement

Yes – as per clause 26 of the Enterprise Agreement No

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Salary Setting and Progression


ONGOING EMPLOYEES

Salary on appointment

1. The salary of an employee on appointment is as set out in clause 23 of the Enterprise Agreement.

Salary on promotion

2. The salary of an employee who is promoted may be set by the employing Member (as approved by the Prime Minister in the case of a Government senior staff employee) to any salary point within the respective classification.

3. The commencement date, new classification and salary for the promotion must be advised to the Department in writing. The Variation to an existing employment agreement (Form 102) should be used for this purpose – it is available on the Ministerial and Parliamentary Services intranet site at http://www.maps.finance.gov.au.

Salary on transfer

4. The salary of an employee who is transferred may be set by the employing Member (as approved by the Prime Minister in the case of a Government senior staff employee) to any salary point within the equivalent classification, subject to paragraph 5 below.

5. The salary on transfer to an equivalent or lower classification cannot be less than the salary point that the employee transferred from if the salary point is within the range of the equivalent or lower classification. An equivalent classification is the same classification or a classification with the same maximum salary, and a lower classification is a classification with a lower maximum salary.

6. The minimum salary on transfer to a lower classification of an ongoing electorate employee is shown in the table below.

Previous classification and salary point

Transfer to lower classification EO B EO A

EO C 2nd and above Top Top

1st salary point 4th salary point Top

EO B 2nd and above Top

1st salary point 7th salary point

7. The commencement date, new classification and salary for the transfer must be advised to the Department in writing. The Variation to an existing employment agreement (Form 102) should be used for this purpose - it is available on the Ministerial and Parliamentary Services intranet site at http://www.maps.finance.gov.au.

Salary on temporary performance progression (higher duties allowance)

8. The employing Member (or the Prime Minister in the case of Government senior staff) may specify a salary level that would be available if the employee was promoted to that higher classification. The salary level must be a salary point within the relevant classification and is used to calculate the higher duties allowance.

9. An employee may not be temporarily progressed within the same classification.

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10. Temporary progression must be for a minimum period of 2 weeks.

11. Continuous periods of temporary performance progression will count towards salary increments at that classification. The ‘current salary point’ for the purposes of clause 23.7(a) will be the salary point at the higher classification.

12. The higher duties allowance paid for temporary performance progression at a classification will be included as salary for severance benefits and payment in lieu of unused leave entitlements on the termination of employment where the allowance has been paid continuously for a period of 12 months at the time of termination.

13. A start and an end date, and classification and salary, for the temporary performance progression must be advised to the Department in writing. The Variation to an existing employment agreement (Form 102) should be used for this purpose - it is available on the Ministerial and Parliamentary Services intranet site at http://maps.finance.gov.au. Where there is a requirement for the temporary performance progression to continue beyond the specified end date, the Member must provide further written advice, using Form 102, to the Department specifying the new end date.

Advancement due to competency assessment (electorate employees)

14. Ongoing electorate employees may be moved to the next classification in the circumstances provided in clause 23.2 of the Enterprise Agreement. Further information concerning these circumstances and the appropriate procedure is set out below.

Office structure

15. Competency assessment may be applied in relation to one electorate employee per employing Member at any given time, and may not result in a classification structure higher than 1 x EO C, 2 x EO B and 1 x EO A, or 4 x EO B in a 4 position office (or 2 x EO C, 1 x EO B and 2 x EO A, or 5 x EO B in a 5 position office).

16. The competency assessment advancement applies to the individual employee not to the position and the advancement ceases on the departure of the employee.

17. An employee who is replacing an employee who has been advanced is paid at the classification of the position, not the classification of the employee who has been advanced.

Eligibility

18. Competency assessment advancement is available to ongoing EO A and EO B employees who have at least 12 months continuous eligible service at the top of the salary range for their classification or at an equal or higher salary point at a higher classification.

19. By default, eligible employees are advanced to the next highest salary point in the next classification, i.e. EO A to EO B or EO B to EO C unless the employing Member sets the employee to a higher salary point within the next classification. Subsequent salary increments will be in accordance with clause 23.6.

20. Earlier continuous service at an equal or higher salary point counts towards eligibility for competency assessment advancement.

Procedure

21. Competency assessment advancement may only occur where:

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(a) the employing Member undertakes a formal assessment of the employee against the competencies required at the higher classification;

(b) the employee has demonstrated the required competency for the higher classification; and

(c) there is sufficient work available at the higher classification to become the predominant part of the employee’s work.

22. The employing Member must forward the relevant completed competency assessment form to the Department. Forms 68 and 69 are available on the Ministerial and Parliamentary Services intranet site at http://www.maps.finance.gov.au. Where the employing Member wishes to advance the salary of the employee to a salary point that is higher than the default position, the Variation to an existing employment agreement (Form 102) should be completed and provided to the Department in addition to the competency assessment form.

23. Competency assessment advancement will only apply prospectively (that is, from the date the relevant competency assessment form is signed by the employing Member).

ONGOING AND NON-ONGOING EMPLOYEES

Common salary increment date

24. To be eligible for a salary increment, the employee must remain at the current salary point, or a higher salary point, from before 1 March until 1 July. Eligibility for a salary increment is broken by any service at a salary point below the current salary point, any casual employment or any break in MOP(S) Act employment. For example, and Electorate Officer A who is temporarily performance progressed to an Electorate Officer B position for three weeks during April will remain eligible for a salary increment at the Electorate Officer A classification on the following 1 July.

25. Where an employee’s performance is reported in writing to the Department as being unsatisfactory by their employing Member prior to 1 July, a salary increment will not be paid. If the employee’s performance is subsequently found to be satisfactory, the employing Member may advance the employee’s salary to the next salary point (see ‘salary advancement’ below).

26. Combined approved leave without pay and unauthorised absences of more than eight months of the previous 12 months as at 1 July each year will result in an employee being ineligible for a salary increment.

Salary advancement

27. The commencement date and new salary must be advised to the Department in writing. The Variation to an existing employment agreement (Form 102) should be used for this purpose – it is available on the Ministerial and Parliamentary Services intranet site at http://www.maps.finance.gov.au.

28. Advancement under this provision will be from the date specified by the employing Member or authorised person on the relevant Form 102.

29. Salary increments apply to employees whose salary is advanced, in accordance with the salary increment provisions of the Enterprise Agreement.

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NON-ONGOING EMPLOYEES 30. The salary of a new employee on engagement is as set out in clause 23 of the Enterprise

Agreement. A new employee, in relation to engagement, is an employee who was not employed at that classification on the business day immediately preceding the commencement date of the engagement.

31. The salary of an employee who is engaged on a non-ongoing employment agreement, and who was employed under the MOP(S) Act on the business day immediately preceding the commencement day of the engagement, may be set as follows:

(a) if the engagement is at the same classification, the salary cannot be less than the salary point of the employee on the business day immediately preceding the commencement day of the engagement.

(b) if the engagement is at a different classification, the salary point will be set in accordance with clause 23 of the Enterprise Agreement.

CASUAL EMPLOYEES

Salary on engagement

32. Electorate employees:

(a) for casual employment against an established position, the salary on engagement used to calculate a casual employee’s hourly rate will be subject to the salary setting provisions in clause 23 of the Enterprise Agreement. Where an employee also works hours against the Relief Staff Budget, these hours will be paid at the same salary as those against the established position; and

(b) for casual employment wholly against the Relief Staff Budget, the employing Member must select the relevant classification applicable to the employment and the salary on engagement will be subject to the salary setting provisions for that classification in clause 23 of the Enterprise Agreement, subject to available funds in the Relief Staff Budget.

33. Casual personal employees may be engaged at any salary point within the classification.

34. Casual employees do not have an entitlement to salary increments. Service as a casual employee does not count as service for salary increment purposes if the casual employee is subsequently appointed as an ongoing or non-ongoing employee.

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Documents

Departmental Circular 2012-35: Supporting Guidelines to ... · PDF fileagainst the Relief Staff Budget must be paid at the same salary and classification as the ... established position