Enterprise Agreement 2012-2015

Remuneration

20  Payment of salary

20.1  Employees will be paid fortnightly in arrears, by electronic funds transfer (EFT) into an Australian financial institution account of the employee’s choice.

20.2  Annual salary and allowances are converted to fortnightly amounts by the following formula:

Fortnightly amount = annual amount x 12 ÷ 313

21  Salary increases

21.1  Employees will receive three salary increases over the life of this Agreement as shown at Attachments A, B and C of this Agreement:

  1. an increase in salary of 3 per cent on and from the commencement of this Agreement;
  2. an increase in salary of 3 per cent on and from one year following the commencement of this Agreement; and
  3. an increase in salary of 3 per cent on and from two years following the commencement of this Agreement.

22  Classification structures

22.1  The classification structure and salary ranges for:

  1. senior staff are as shown at Attachment A;
  2. personal employees, other than senior staff, are as shown at Attachment B; and
  3. electorate employees are as shown at Attachment C.

22.2  An employee may only be employed by a Member at a single classification and a single salary regardless of whether that employment is against a position or positions and/or the Relief Staff Budget.

23  Salary setting and progression

23.1  The employing Member may appoint electorate or personal employees, or engage new electorate or personal employees, other than senior staff, at any salary point within the classification to which the appointment or engagement is made based on the demonstrated and relevant skills and experience of the employee.

23.2  An ongoing electorate employee who reaches the top of the salary range for an Electorate Officer classification may:

  1. after 12 months at that salary point; and
  2. subject to competency assessment undertaken by the employing Member,

be moved to the next Electorate Officer classification.  However, at any time, only one employee of an employing Member can be at the next Electorate Officer classification as a result of the process undertaken under this clause 23.2.

23.3  A new electorate or personal 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.

23.4  The salary of an employee, other than a senior staff employee, who is promoted may be set by the employing Member to any salary point within the respective classification.

23.5  Unless otherwise agreed by the Prime Minister, the salary at a classification for a senior staff employee, within the relevant salary band in the tables at Attachment A, will be:

  1. for a Government senior staff employee: as approved by the Prime Minister; or
  2. for a non-Government senior staff employee: as set by the employing Office Holder.

23.6  Subject to clause 23.7, ongoing or non-ongoing employees who are not at the maximum salary point within the relevant salary band will advance to the next point in the relevant salary band as at 1 July of each year.

23.7  An employee will be eligible to advance to the next point in the relevant salary band under clause 23.6 where:

  1. the employee commenced at the current salary point prior to 1 March in that year;
  2. the employee has not been on unpaid leave for more than eight months of the previous 12 months; and
  3. the employee’s performance has not been reported in writing to the Department as being unsatisfactory by their employing Member prior to the salary advancement.

23.8  Further information can be found in the relevant Guideline ‘Salary setting and progression’.

24  Salary advancement

24.1  An employing Member may advance the salary of an employee to a higher salary point within the employee’s classification at any time, subject to satisfactory performance and any arrangements that the Prime Minister may have put in place from time to time in relation to such salary advancements.

25  Temporary performance progression (higher duties allowance)

25.1  An employing Member may temporarily progress an ongoing employee to a vacant position at a higher classification under this Agreement within the agreed structure of the office for a defined period.

25.2  For the purposes of clause 25.1, a position is vacant if:

  1. there is no employee who usually fills the position; or
  2. the employee who usually fills the position is on leave or is temporarily filling another position.

25.3  Except as provided at clause 25.4, temporary performance progression of an employee may only occur for a minimum period of two weeks.

25.4  To facilitate the return to work of an employee following a period of parental leave, and similar return to work circumstances, where that employee returns to work part-time, the Minister may approve the temporary performance progression of another employee against the balance of that position.

25.5  The higher duties allowance paid for temporary performance progression to a classification under this Agreement is the salary that would apply if the employee was promoted to the higher classification, less the employee’s existing salary.

25.6  Employees who are temporarily progressed to the classifications of Principal Adviser, Chief of Staff and Senior Adviser will be paid an allowance in lieu of a private-plated vehicle as set out at clause 29.

25.7  Further information can be found in the relevant Guideline ‘Salary Setting and Progression’.

26  Retention payment

26.1  Eligible ongoing and non-ongoing employees will be paid a retention payment at the commencement of this Agreement and on each anniversary of the commencement of this Agreement.

26.2  An employee is eligible for a retention payment where they have been continuously employed under the MOP(S) Act for the 12 month period prior to the relevant payment date.

26.3  The retention payment will be one per cent of salary plus the following allowances, if payable to the employee at the relevant payment date:

  1. parliamentary staff allowance;
  2. electorate staff allowance;
  3. the allowance for drivers of a former Prime Minister no longer in the Parliament;
  4. corporate responsibility allowance; and
  5. higher duties allowance, where the employee has been paid higher duties allowance continuously for 12 months at the relevant payment date.

26.4  The retention payment will be calculated on a pro rata basis where an eligible employee has been employed part-time for any period within the 12 months prior to the relevant payment date, based on the employee’s weekly hours over that 12 month period, in accordance with clause 37.3.

26.5  The retention payment will not be payable where the employee has been on unpaid leave for more than eight months of the previous 12 months.  The payment in this circumstance is not pro rata.

27  Salary packaging

27.1  Under this Agreement, salary packaging is available to all ongoing employees and non-ongoing employees with an employment agreement for a minimum period of three months, upon receipt from the employee of a written election, which is separate to the employment agreement.  Salary packaging allows an employee to elect to receive benefits in lieu of salary.  It is offered to employees on the basis that it incurs no additional cost to the employing Member or the Department.

27.2  Ongoing employees may include in a salary package items that attract either no fringe benefits tax (FBT) or a concessional rate of FBT.  Non-ongoing employees may only include superannuation contributions in a salary package.

Note: Salary packaging these items may provide a benefit to the employee as a result of the difference between the rate of personal income tax and the (nil or concessional) rate of FBT.

27.3  Further information can be found in the relevant Guideline ‘Salary packaging’.

28  Superannuation

28.1  Employees are entitled to superannuation in accordance with the relevant Commonwealth legislation and where expressly provided by this Agreement.

28.2  Contributions to the Public Sector Superannuation accumulation plan (PSSap) will be calculated in accordance with the ordinary time earnings method for the purpose of Rule 2.2.3 of the Rules for the PSSap, as amended or replaced from time to time.

28.3  Where employer contributions are made to the PSSap or under the Superannuation Guarantee (Administration) Act 1992, the Commonwealth will provide contributions, calculated on the employee’s ordinary time earnings, of the higher of:

  1. 15.4 per cent, or
  2. the amount specified in the Deed to establish the PSSap.

28.4  The choice of superannuation funds is limited to those funds that allow employee and employer contributions to be paid fortnightly through electronic funds transfer.

28.5  An employee on unpaid parental leave, including unpaid maternity leave, will continue to receive employer superannuation contributions as though the leave is paid leave on full pay, subject to the applicable legislation and the rules of the scheme or fund.  If the employee is a member of the CSS or PSS, this may require the employee to make employee contributions to the scheme.

29  Private-plated vehicle or allowance

29.1  Senior staff with the classifications of Principal Adviser, Chief of Staff and Senior Adviser are entitled to be provided with a private-plated vehicle for private and business use or to receive a private-plated vehicle allowance (PPVA) of $22,279 per annum in lieu of the entitlement to a private-plated vehicle from the commencement of this Agreement.

29.2  Where senior staff are:

  1. employed for a period of three months or less;
  2. temporarily performance progressed to an eligible senior staff classification from an ineligible classification; or
  3. employed part-time with ordinary hours of duty of less than 30 hours per week;

the entitlement under clause 29.1 will be for PPVA only.

29.3  Where the ordinary hours of duty of a part-time employee are 30 hours per week or more and the employee has chosen to receive PPVA, PPVA will be paid at the full-time rate in lieu of the entitlement to a private-plated vehicle.  Where the ordinary hours of duty of a part‑time employee are less than 30 hours per week, PPVA will be paid pro rata.

29.4  Private-plated vehicles must be selected from a list of Australian manufacturers’ vehicles issued by the Department, under a vehicle package subject to a vehicle price cap.

29.5  PPVA will increase:

  1. from one year after the commencement of this Agreement to an amount of $22,947 per annum; and
  2. from two years after the commencement of this Agreement to an amount of $23,635 per annum.

29.6  PPVA does not count as salary for the purposes of salary packaging, superannuation, payment in lieu of accrued annual leave, cash out of annual leave, or severance benefits.

29.7  Further information can be found in the relevant Guideline ‘Private‑plated vehicles’.

30  Corporate responsibility allowance

30.1  An employee, other than a casual employee, will be entitled to receive a corporate responsibility allowance of $20 per fortnight for each of the following roles undertaken by the employee in relation to their employment:

  1. Work Health and Safety Site Officer;
  2. First Aid Officer;
  3. Fire Warden; and
  4. Work Health and Safety Committee member.

30.2  Corporate responsibility allowance does not count as salary for the purposes of payment in lieu of accrued annual leave, cash out of annual leave, or severance benefits.

30.3  Further information can be found in the relevant Guideline ‘Corporate responsibility allowance’.

31  Relocation expenses

31.1  The reasonable costs of removal and temporary accommodation expenses may be met where an ongoing employee is required to relocate within Australia including on appointment, promotion or transfer.  Further information on the costs of removal and temporary accommodation expenses that may be met by the Department can be found in the relevant Guideline ‘Relocation expenses’.

32  Reimbursement for loss or damage to clothing or personal effects

32.1  Employees may be entitled to be reimbursed up to a maximum of $1,000 per item for loss or damage to clothing or personal effects arising out of or in the course of their employment.  Further information can be found in the relevant Guideline ‘Loss or damage to clothing or personal effects’.

33  Discretionary payments

33.1  In certain circumstances, the Minister has the discretion to allow additional payments, as necessary, in any case where an employee would be otherwise financially disadvantaged in the performance of his or her work.

34  Supported Wage System

34.1  This clause provides for the employment of people with a disability under the Supported Wage System.  Further information on the employment arrangements that would apply can be found in the relevant Guideline ‘Supported Wage System’.

35  Recovery of debts

35.1  A debt owed by an employee to the Commonwealth in relation to the employee’s employment, including because the employee has received an overpayment of salary, allowances or other remuneration (including a severance benefit), or incurred an expense outside of entitlement, may be recovered, by way of set-off from:

  1. the employee’s pay or salary at a rate of 20 per cent of the gross amount of pay or salary per fortnight, unless a different arrangement is agreed between the Department and the employee, while the employee continues in employment under the MOP(S) Act;
  2. future payments of travelling allowance or motor vehicle allowance in relation to debts incurred in the course of travel; or
  3. the employee’s pay or salary, leave entitlements or other monies (except superannuation funds) payable upon termination of the employee’s employment under the MOP(S) Act,

and the Department is authorised to implement any such set-off it considers appropriate.

35.2  The Department will attempt to contact the employee prior to commencing recovery and will consider any claims of hardship raised by the employee in any decision on the rate of recovery.

36  Payment on death

36.1  Where an employee dies, or the Minister has determined that an employee is presumed to have died on a particular date, payment will be made of the amount to which the former employee would have been entitled had he or she ceased employment through resignation otherwise than by death.  Payment in lieu of long service leave may be made in accordance with the Long Service Leave Act (Commonwealth Employees) 1976.  Payment should be made to the former employee’s executor or legal personal representative.  If the former employee does not have an executor or legal personal representative or one cannot be found, payment should be made in accordance with paragraph 30 of the Financial Management and Accountability Regulations 1997.

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© Commonwealth of Australia 2010 | ABN 61970 632 495
Last Modified: 12 November, 2012