Enterprise Agreement 2011

BACKGROUND

• APS Bargaining Framework was released on 31 January 2011

• Notice of Employee Representational Rights (NERRS) issued on 7 April 2011

• 11 meetings have been held (28 April 2011 to 2 September 2011)

ENTERPRISE BARGAINING GROUP (EBG)

• Management representatives (John Bridge, Evelyn Walkden, Libby Jenkins and Sophie Dening)

• CPSU delegate and representatives (John Ridgeway, Paul Ryan, Pieter Wildekamp, Steve Hall)

• Individual/group staff representatives (Heidi Prislan, Michelle Wilson, David Power, Josh Van Limbeek, Rebecca Williams, Malcolm Southwell).

WHAT HAS CHANGED?

• Streamlined easy to read document

• Includes terms and conditions previously contained in Employee Administrative Arrangements, Remuneration, Remote Localities, Leave and Classifications Policies

• Home Based Work, Performance and Development Scheme, Recruitment & Selection, Relocation, Salary Packaging, Studies Assistance and Travel Policies to be retained

THE OFFER

• 3% Average Annualised Wage Increase (AAWI) i.e. 9% over life of the agreement

• A “one off” productivity improvement payment of $750 to be paid to all eligible staff employed on the commencement of Agreement. 

• Nominal expiry date 30 June 2014

• Improvements to terms and conditions

WHY NOT BACKDATE?

• APS Bargaining Framework states that remuneration increases are to apply prospectively, other than in exceptional circumstances

WHY NOT INCREASE THE PAY INCREASE TO MAKE UP THE DIFFERENCE SINCE 1 JULY 2011?

• AAWI is calculated from the NED of the previous agreement to the NED of the new agreement. These dates are fixed, and hence unaffected by a later commencement date.

• Any later date of effect of an increase does not provide scope to provide a greater percentage increase and remain within a 3 per cent AAWI. 

ENHANCED TERMS AND CONDITIONS

PERSONAL LEAVE

• Increase to personal leave to 18 days per year (all staff will receive an additional 3 days or pro-rata amount on commencement of agreement)

• Leave to attend a funeral now included as personal leave

• All approved personal leave will be deducted from an employee’s available credit. Single absences of less than one day can be taken as either personal leave, or leave under flexible working arrangements i.e. flextime or time off in lieu (TOIL).

ENHANCED TERMS AND CONDITIONS

PARENTAL LEAVE

• Adoption and foster care provisions that mirror maternity and parental leave provisions

• Parental leave available at half pay and can be taken by supporting partners within 3 months of birth of the child

ENHANCED TERMS AND CONDITIONS

CONCESSIONAL LEAVE

• Three days compassionate / bereavement leave per occasion

• Cultural Leave (without pay)

• NAIDOC Leave

• War Service Sick Leave

• Community Service Leave

ENHANCED TERMS AND CONDITIONS

Other Provisions

• Clarification regarding time off for executive level employees

• Increase in maximum carry over of flex time credits to 37.50 hours

• Payment of flex credit on separation from AFMA in some circumstances

• Minimum period for long service leave reduced to 7 calendar days

ENHANCED TERMS AND CONDITIONS

Shift Workers

• Annual leave loading for shift workers

• Retention of shift penalty rate for overtime performed directly after shift

• Minimum hours payment for on-call, emergency and restriction payments

ENHANCED TERMS AND CONDITIONS

OVERTIME

• Removal of different rate for part time staff

• Overtime now available for periods where the employee is required to work in excess of eight and a half hours in a day or on day s not usually worked

ENHANCED TERMS AND CONDITIONS

Allowances

• Increases to most allowances by 3% per annum

• Increase to district allowance for TI staff by 3.6%

• Increase to observer at sea allowance to include overtime and adverse conditions

• Increase to private accommodation allowance to $50 (travel policy)

WHAT ELSE HAS CHANGED? - Continued

CLASSIFICATIONS

• Removal of Cullen Egan Dell classification system

• Classification assessments will involve consultation

• Classification review for Fisheries Observers within 24 months after commencement of agreement

WHAT ELSE HAS CHANGED? - Continued

• Clarification of public holidays / agency holidays i.e. Easter Saturday and first day of Xmas close down

• Clearer explanation of moving house leave provisions (i.e. per occasion)

• Inclusion of provision for agency head to approve concessional leave when moving from one AFMA office to another

WHAT ELSE HAS CHANGED? - Continued

• Associated policies subject to dispute resolution clause outlined in agreement

• More info regarding possible circumstances for LWOP applications

• Workplace Bargaining Team replaced by Workplace Consultative Committee

WHAT ELSE HAS CHANGED? - Continued

• Removal of junior rates

• Matching salary for transfer at level from other APS agencies

• Inclusion of overpayment clause

• Broadbanding for graduates on successful completion of program

WHAT ELSE HAS CHANGED? - Continued

• Change to portability of leave i.e. types of leave accepted from other agencies on commencement with AFMA

• Excess leave – removal of deeming provision

WHERE TO NOWBrief agency minister regarding outcome of negotiations

and draft agreement

Submit proposed agreement for assessment against the Bargaining Framework and approval before putting

to staff for a vote

If the draft EA differs AT ALL from any of the terms, conditions and approaches for the approved bargaining

position, the APSC will brief the SMoS and seek approval on the agency’s behalf (indicative timeframe – additional 14

working days)

If the draft EA adopts ALL terms, conditions and approaches without exceptions from those of the

approved bargaining position approval can be given directly by the APS Commissioner (indicative timeframe –

10 working days)

Give a copy of the proposed agreement and any other material incorporated by reference in the agreement to relevant employees and commence the consideration / access period, at least 7 days for the employees to “consider” the proposes

agreement

Commence the voting period for employees noting that the employee vote cannot be conducted until at least 21 days after the NERRs have been issued

Lodge agreement with Fair Work Australia

Majority of staff vote YES Majority of staff vote NO

Agreement commences 7 days following approval from FWA

Negotiations recommence

ABOUT VOTING

• Minimum of 7 days to consider proposed enterprise agreement

• Vote conducted by Corpvote

• Internet or telephone voting

• Instruction sheet including personal password to be emailed to each employee

• Confidentiality guaranteed

HAVE YOUR SAY

Any Questions?

www.afma.gov.au