Variation to an Existing Employment Agreement

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Casual – this form cannot completed by a casual employee. Fill out the Employing a casual employee form
 

This form (Variation to an Existing Employment Agreement) cannot be used to extend or renew non-ongoing employment.

To renew a non-ongoing employment agreement, complete Form 106: Employing a Non-Ongoing Employee. Renewals to non-ongoing agreements must be discussed with PWSS HR Advice before an offer is made and the form is completed.

Employee Variation Agreement
The date of the existing Employment Agreement

This variation of the existing Employment Agreement is in relation to (choose the relevant options)
Advance the salary of an Employee to a higher salary point within the Employee’s current classification
Promote or transfer an ongoing Employee within the Employer’s office
Vary the ordinary hours of duty of an Employee. This may include a permanent change to work-pattern (e.g. full-time to part-time) or a temporary reduction/increase to hours.
Notify that extra hours are to be worked against the Electorate Support Budget
Vary the funding arrangements for the Employee – that is, set or change the proportion of payments against an established position or the Employer’s Electorate Support Budget
Temporarily progress an ongoing Employee to a higher classification
Total period must be a maximum of 12 months after the Commencement Date in the existing Employment Agreement; e.g. commence 7 January, cannot extend beyond 6 January of the following year

Salary advancement

Temporary progression/Higher Duties Allowance (minimum period 2 weeks)

Promotion/transfer of an ongoing employee
Salary on promotion/transfer

Changing ordinary hours of duty 

Working extra hours against the Electorate Support Budget 

Changing funding arrangements between an established position and the Electorate Support Budget

Electorate Support Budget:

Payment for periods of engagement advised through an Employment Variation Agreement may be paid in whole or in part from funds available in the Electorate Support Budget. If so, where the Electorate Support Budget has insufficient funds to cover payment for parts or the entire period of engagement, the period of engagement that is not against a position will be valid only to the extent of the funds available in the Electorate Support Budget. In such cases, the Commonwealth will make payments only to the extent of the valid period of engagement, and payment for additional time worked will be a matter between the Employee and the Employer (not the Commonwealth).

Working pattern/hours

In accordance with clause 37.1 of the Commonwealth Members of Parliament Staff Enterprise Agreement 2024-27, the ordinary hours of duty for a full-time employee are 38 hours per week (7 hours and 36 minutes per day). 

For example, an employee working a full day per the MOPS EA could have the work hours of 9:00am to 5:06pm, with a 30 minute meal break (totalling 7.6 hours, or 7 hours and 36 minutes, per day).

Week day Start time Finish time Meal break starts Meal break ends Total hours Using Electorate Support Budget?
Monday
Tuesday
Wednesday
Thursday
Friday
Week day Start time Finish time Meal break starts Meal break ends Total hours Using Electorate Support Budget?
Monday
Tuesday
Wednesday
Thursday
Friday

Extension of the period of non-ongoing employment 

Requests for non-ongoing contracts (including renewals or consecutive contracts) must be discussed with PWSS HR Advice before an offer is made and this form is completed.

Limitations on non-ongoing employment under the Fair Work Act 2009

Changes to the Fair Work Act 2009 restrict the use of non-ongoing contracts beyond certain limits, and therefore all parliamentarians (and authorised officers) must be conscious of their use.

Specifically, changes to Section 333E of the Fair Work Act 2009 state that non-ongoing contracts cannot be extended or renewed:

  • beyond a maximum contracted period of 2 years; or
  • more than once (even if the total contracted period is less than 2 years).

Contract extensions must not be entered into with non-ongoing employees where they contravene these new provisions of the Fair Work Act 2009.

Some exceptions apply, which include:

  • If the engagement is to undertake work during the temporary absence of another employee, for example to backfill a period of;
    • parental leave
    • long service leave
    • long term personal leave
  • If the employee’s guaranteed earnings are over the high-income threshold in the year the contract is entered into.

If an exception applies to your non-ongoing agreement, your employer is required to provide details in writing to the Parliamentary Workplace Support Service (PWSS) via HR@pwss.gov.au before an offer or extension is made.

For further information on the changes to non-ongoing employment per the Fair Work Act 2009, refer to Non-ongoing Employment Agreements or contact the Parliamentary Workplace Support Service (PWSS) HR Advice team on 1800 747 977 (option 2), or hr@pwss.gov.au.

Acknowledgement of Fair Work Act 2009 limitations on non-ongoing employment

By proceeding, I confirm that
Reason for exception
An email will be sent to the employee for their records

Terms and Conditions

  1. The Employer and Employee agree to vary the existing Employment Agreement as set out in the field titled ‘Variation’ of Form 102, but confirm that except as provided in the Variation, the Employee’s agreed employment arrangements are those set out in the existing Employment Agreement (as varied from time to time by written agreement of the parties, provided that where there is any earlier variation of the same subject matter in respect to any variation contained in this Employment Variation Agreement, the variation in this Employment Variation Agreement prevails).
  2. To the extent that anything in this Employment Variation Agreement is inconsistent with the employment framework it is of no effect. ‘Employment framework’ means the arrangements approved, conditions determined, and determinations made from time to time by the Prime Minister, or the Special Minister of State, under the MOP(S) Act and the Enterprise Agreement.
By submitting this form

 

Privacy Collection Notice: The Department of Finance (the Department) uses and discloses personal information collected in this form to facilitate the administration of the parliamentary business resources framework, and for employment purposes including to facilitate the management of your employment and for workforce planning purposes. The Department handles your personal information in accordance with the Privacy Act 1988. Personal and sensitive information may be disclosed to your employing Parliamentarian or other third party entities relevant to your employment, for workforce planning purpose or for improving culture in Commonwealth Parliamentary workplaces, including, but not limited to, the Independent Parliamentary Expenses Authority (IPEA), the Department of Parliamentary Services, the Parliamentary Workplace Support Service (PWSS), or will be disclosed as otherwise authorised or required by law. Details of the related expenditure may be tabled in Parliament, published on the Department’s website, or provided to the Special Minister of State, IPEA, or publicly, as authorised by law. More information is available at https://maps.finance.gov.au/maps-privacy-statement.