Proposal |
Comments |
Retention payment The Government proposes that a temporary transfer salary only be included when calculating the retention payment if the transfer salary has been paid for the entire qualifying period (i.e. the previous 12 months). |
The retention payment is based on one per cent of salary and certain allowances at 19 June of each year. Higher duties allowance is only included in the calculation of the retention payment if it is paid for the entire qualifying period (i.e. the previous 12 months). The proposal addresses an anomaly that the salary of an employee on a temporary transfer on 19 June is counted regardless of the duration of the transfer. |
Superannuation allowance The Government proposes to include a clause to enable an employee to elect to receive a superannuation allowance, instead of requiring an IFA. |
Since July 2017, employees have been able to enter into an IFA with the Minister to reduce the amount superannuation contributed by the Commonwealth from 15.4 per cent of ordinary time earnings (OTE) to the amount required under the Superannuation Guarantee (Administration) Act 1993 (currently 9.5 per cent) in return for a superannuation allowance. This arrangement would now be reflected directly in the EA to provide better visibility of the superannuation allowance and simpler administration than an IFA. |
Private-plated vehicle or allowance (PPVA) The Government proposes to amend the threshold for a private-plated vehicle and for pro rata private-plated vehicle allowance for part-time employees from 30 hours per week to 30:24 hours per week (i.e. four full-time days). |
This would address a drafting oversight in the current EA when weekly hours increased from 37:30 to 38 hours. The threshold for an eligible part-time employee to be paid pro rata PPVA will return to 30:24 hours per week. When working 30:24 hours per week or more the employee may choose to receive a private-plated vehicle or be paid the full rate of PPVA. |
Electorate staff allowance (ESA) The Government proposes to have ESA be allocated to an employee, not a position. Proposal
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Travelling allowance The Government proposes to enable the Minister to vary the 120 limit on claiming travelling allowance (TA) for overnight stays in Canberra or at the location of another Commonwealth-funded office where relevant employees have a different work base (e.g. they work from home). |
This change would provide flexibility to the Minister to ensure that employees that may be required to work from one location for a significant period of the financial year continue to be entitled to TA. |
Career transition payment The Government proposes to remove the requirement for an employee to seek the Department’s approval before incurring career transition expenses following the termination of their employment. |
This change would provide simpler access to the career transition payment and is consistent with the previous removal of prior approval requirements for studies assistance and ad hoc training. |
Transfers – temporary and permanent The Government proposes to clarify the three types of transfer arrangements available to an office and allow transfers between positions at the same or equivalent classification:
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This will provide an office with more flexibility to arrange staffing to adapt to changing circumstances as a more complete and consistent extension of current arrangements. |
National Employment Standards (NES) precedence The Government proposes to insert a new clause specifying that the EA must be read in conjunction with the NES and that where the NES provides a greater benefit than the EA, the NES applies to the extent of any inconsistency. |
This change is consistent with the FWC’s better practice for drafting enterprise agreements. The clause is informative in practice as the NES, being part of the FW Act, is a higher authority than an enterprise agreement. This will not alter the existing administration of terms and conditions. |
Casual employees The Government proposes to clarify the basis of casual employment under the MOP(S) Act, and align the definition of ‘work base’ for casual employees with the entire period covered by their employment agreement. |
The new EA would clarify that the engagement of a casual employee is to be on an occasional, non-systematic or irregular basis. In determining a casual employee’s work base, the entire period covered by their employment agreement would be considered, rather than each period of work as is currently the case. This would enable a casual employee to travel at the Commonwealth expense, and to be paid travel allowance where they are directed to travel on official business requiring an overnight stay away from their work base. Currently, each period of work under a casual employment agreement is a separate and distinct agreement, which for the purposes of determining a work base often precludes Commonwealth-funded travel and travel allowance for a parliamentary sitting. |