All impacted employees will receive notification from the PWSS advising of their circumstances. Employees need to consider their options noting in some circumstances their employment will cease without an opportunity for future employment. MaPS requires that every employee whose employment is impacted by the election must complete Form 129: Notification of Employment Status (see related resources). Once this form is received MaPs will process final monies and new contracts accordingly.
The PWSS HR Advice team can assist with employment and HR related matters and be contacted via 1800 747 977 (Option 2) or hr@pwss.gov.au between 9am and 5pm, from Monday to Friday.
Casuals
Each shift a casual employee works is considered a separate engagement under the MOPS Enterprise Agreement. Further, casual employees do not enter a deferral period if their employing parliamentarian ceases to be a parliamentarian and cannot undertake work as a casual MOP(S) Act employee past this date. This means that casual employees must have their Record of Hours approved before their employing parliamentarian ceases.
For example, where a Member is not re-contesting an election, the last day on which their casual employees can work is the dissolution of the House of Representatives (i.e. the day the employing parliamentarian ceases to be a parliamentarian). Following the dissolution, the parliamentarian (or their authorised officer) will not have employer powers to sign off on the Record of Hours. Therefore, the Member (or their authorised officer) needs to approve the Record of Hours on the day the House of Representatives is dissolved.
In the situation where a Member does contest an election but is unsuccessful, they (or their authorised officer) must approve the Record of Hours on the day before polling day (i.e. the day the employing parliamentarian ceases to be a parliamentarian in this situation). As a parliamentarian will not know if they are unsuccessful until the declaration of polls for the division, all record of hours forms must be approved on the day before polling day.
Any casual hours worked following the automatic trigger of termination of employment will not be considered MOP(S) Act employment and cannot be processed or paid.
Employees on leave from the Australian Public Service (APS)
If you are on leave without pay from the APS and your employment is terminated as a result of the election you will return to the APS. You should advise your agency head in writing of your intention to return as soon as you are notified that your employment will be terminated. You must return to the APS on or before the business day immediately after your MOP(S) Act employment ceases.
If you are an APS employee on leave without pay to undertake MOP(S) Act employment, you are not eligible for severance pay, additional severance benefits or the career transition payment under the MOPS EA. Accrued leave entitlements will be transferred to your APS agency on your return and will not be paid out.
You must advise MaPS of your employment intentions, including the date you are returning to your department, to avoid any overpayment. This can be done by completing Form 129: Notification of Employment Status (see related resources).
If you have resigned, or intend to resign from your APS agency, the resignation must take effect before the termination date of your MOP(S) Act employment for severance benefits to be paid under the Enterprise Agreement. Severance benefits will be paid at your MOP(S) Act salary and allowance rates (as applicable).
MaPS requires a copy of your resignation from the APS before your termination payments will be paid. Severance benefits are only based on the length of your continuous MOP(S) Act service and any recognised MOP(S) Act equivalent employment with a state or territory parliamentarian that was immediately prior to employment under the MOP(S) Act.
Final entitlements
Final entitlements estimator
You can produce an estimate of your final entitlements payout with the help of the final entitlements estimator.
The Estimator should not be relied upon to produce an exact final entitlements figure, which will be calculated by the Department of Finance at the time of cessation. The Estimator is not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
Notice in lieu of termination
You do not receive notice in lieu of termination of employment if your employment ends as a result of the Federal election.
Severance benefits
You will be entitled to severance benefits if:
- you are an ongoing employee
- your employment ends as a result of a Federal election because your employing parliamentarian:
- retires or does not stand for re-election
- stands for re-election, but is unsuccessful
- ceases to be an office-holder (e.g. a Minister)
- you do not fall into one of the ineligible categories set out in clause 73.1 of the MOPS EA (see related resources).
Severance benefits are payable based on:
- an ongoing employee’s length of continuous MOP(S) Act service
- any recognised MOP(S) Act equivalent employment with a state or territory parliamentarian that was immediately prior to employment under the MOP(S) Act.
Further details are provided at clause 73.2 of the Enterprise Agreement and in the recognition of prior service guideline.
Prior service with an Australian government department or authority or state government department or authority will not be included as recognised service for the purposes of a severance benefit calculation.
The severance benefits payable to an employee will be the gross benefit provided by clause 73.2 of the Enterprise Agreement and set out in the following table.
| Length of continuous service | Gross benefit |
| Less than 1 year | 4 weeks’ pay |
| 1 year or more but less than 2 years | 8 weeks’ pay |
| 2 years or more but less than 3 years | 10 weeks’ pay |
| 3 years or more but less than 4 years | 12 weeks’ pay |
| 4 years or more but less than 5 years | 13 weeks’ pay |
| 5 years or more but less than 7 years | 14 weeks’ pay |
| 7 years or more | 2 weeks’ pay plus 2 weeks’ pay for every completed year, up to a maximum of 48 weeks’ pay. |
Termination of employment as a result of a Federal Election is generally under section 14of the MOP(S) Act, as a result of the employing parliamentarian ceasing to hold office and therefore, under clause 74 of the MOP(S) EA, the severance benefit is increased by 30 per cent.
Severance benefits are classed by the Australian Tax Office as an Employment Termination Payment (ETP). ETPs must be paid directly to the employee. ETPs cannot be paid into a superannuation fund.
Long Service Leave – pro rata payment
Eligibility for payment of pro rata long service leave depends on factors such as the reason for the termination of employment, length of service and age. In general, an employee who has at least 12 months of service and whose employment is terminated as a result of the Federal Election will be entitled to a pro rata payment.
Payment of final entitlements
You must complete Form 129: Notification of Employment Status (see related resources) to be paid your final entitlements. We encourage staff to complete and submit this form as soon as practical – as early notification will assist with the processing of final entitlements. Your final monies cannot be processed if you have not completed and submitted this form.
Your final entitlements will be paid to the account used for your normal fortnightly pay.
If you wish your final entitlements to be paid into a different account (noting that severance benefits cannot be paid into a superannuation fund), please provide written advice, at least 2 weeks prior to cessation of employment, to MOPS Pay & Conditions. It is also important to advise us if you have closed your account prior to the payment of all of your final monies.
MaPS endeavours to pay your final entitlements as soon as possible following your cessation. This generally occurs within two full pay periods after your date of cessation (i.e. this could be up to five and a half weeks after your cessation date). Due to the high volume following a Federal Election, this period is likely to be extended. In these circumstances, it may be necessary, for example, to pay outstanding salary on one payday and other final entitlements within two pay periods of that payday.
To ensure that you are paid your final monies, please arrange to complete and forward any outstanding documentation (e.g., travel allowance acquittals) as soon as possible.
Leave
Subject to your employer’s approval, you may take leave during the election campaign period.
If you are an employee of a recontesting parliamentarian, you must have your leave approved by your employer or an authorised officer on the day before polling day. Where the requirements of the workplace do not allow for a period of leave to be approved, your employer may decline an application for annual leave.
If you are an electorate employee of a parliamentarian who retired at the dissolution of the House of Representatives, please contact the Parliamentary Workplace Support Service (PWSS) to discuss your proposed leave as your employing parliamentarian or any employees who were authorised officers are unable to approve leave.
Parental leave
If your employment ceases during your parental leave period under the MOP(S) EA, you may be entitled to your unused approved parental leave paid as a lump sum. For example, if you have commenced 18 weeks of parental leave at full pay and your employment is terminated due to the Federal election after six weeks, you will receive a lump sum payment of 12 weeks’ salary. This only applies to paid parental leave provided under the MOPS EA.
Further information on parental leave provisions can be found in clause 55 of the MOPS EA and the leave and public holidays guideline.
If you are an APS employee on leave without pay from the APS to take up MOP(S) Act employment, different provisions may apply.
Please contact the MaPS Help Desk if you need further information about your specific circumstances.
Private-plated vehicles
You should return your vehicle to your local state or territory manager prior to the end of your deferral period.
If you are in receipt of Private Plated Vehicle Allowance, this does not count as salary for the purposes of salary packaging, superannuation salary for the CSS and PSS, payment in lieu of accrued annual leave, cash out of annual leave, or severance benefits.
Re-employment under the MOP(S) Act
Severance benefits
If you are re-employed under the MOP(S) Act as an ongoing, non-ongoing or casual employee within the severance pay period after a break in MOP(S) Act employment, you have the option of:
- making a repayment equal to the overlap of the new employment with the severance pay period. For example, if you received a severance benefit of 10 weeks’ pay on termination of employment and you are re-employed under the MOP(S) Act after a period of six weeks, you are required to repay four weeks of the severance benefit
- retaining the full severance benefit in exchange for waiving your right to have any prior service recognised for the purposes of your annual leave entitlement or a future severance benefit (see further information below).
The repayment of any severance benefit, or part thereof, is based on the classification, salary and allowances (if applicable) of the employee when their employment ceased (i.e., not the classification, salary and allowances of the subsequent employment). A break in service may impact other provisions in the MOPS EA.
Further information regarding the severance benefit and the impacts of retaining a severance benefit on entitlements is available via Severance Pay Period.
Recognition of prior service
You can choose to repay your severance benefits, additional severance benefits and/or payment in lieu of annual leave, within 60 days of commencement of new employment under the MOP(S) Act, provided there is no more than a six-month gap between periods of employment.
Depending on the types of payments repaid, the two periods of employment will be regarded as continuous for certain purposes (although the break in service will not count as service for any purpose). An amount paid in lieu of long service leave is not able to be repaid in order to re-establish a long service leave credit.
If you have waived this right to retain an earlier severance benefit, you are not able to repay an amount to have the prior service recognised, i.e. your service will restart for future severance and annual leave purposes.
Further information regarding repayment provisions can be found in the MOPS EA.
Salary packaging
You will need to contact SMART on 1300 476 278 to discuss your salary packaging arrangements. We recommend that you make contact with SMART prior to the cessation of employment.
Standing as a candidate
The Australian Electoral Commission (AEC) provides guidance to candidates on nominations. Further information is available at aec.gov.au.
Campaigning for your own election during normal working hours
MOP(S) Act employees are unable to campaign for their own election during normal working hours, or use any office facilities towards their own election.
Reinstatement under the MOP(S) Act
You will not automatically be reinstated under the MOP(S) Act if you are unsuccessful as a candidate. It is a matter for the individual parliamentarian to decide if he or she will re-engage a former employee who resigned in such circumstances.
Continuity of employment
Clause 58.2 of the MOP(S) EA provides that if you:
- are subsequently appointed or engaged within six months of resigning to contest an election (Federal, State or Territory)
- repay within 60 calendar days of the new appointment/engagement an amount equal to the amount that was paid to you in lieu of accumulated leave,
the immediately preceding period of employment under the MOP(S) Act (and any previous period in relation to which continuity of employment provisions have applied) will be recognised as service for all purposes in relation to your current period of employment.
The break in service will not count as service for any purpose, but is not considered to break continuity of service, except for parental leave purposes.
An amount paid in lieu of long service leave is not able to be repaid in order to re- establish a long service leave credit.
Superannuation
You may be entitled to a superannuation benefit depending on your current superannuation arrangements if your employment is terminated as a result of the Federal election.
If you are a members of the CSS, PSS or PSSap, you should contact the Commonwealth Superannuation Corporation (CSC) for more information about your benefit.
Fund contact details
- CSS members 1300 000 277
- PSS members 1300 000 377
- PSSap members 1300 725 171
Please make CSC aware that you are a MOP(S) Act employee.
On cessation of employment, you will be provided with a benefit claim form. This should be completed as soon as possible and returned to MaPS to complete the 'departmental report' section of the form. MaPS will then forward the form to CSC for processing.
CSC does not consider termination from MOP(S) Act employment to be a redundancy and, as such, you will not be eligible to claim a redundancy benefit from the CSS or PSS schemes – it will be the same form of benefit as available on resignation (or, if 55 years old or over, an age retirement benefit).
If you are a member of another fund, you should contact your fund to discuss your options.
Key contacts
MaPS Help Desk 02 6215 3333 or mpshelp@finance.gov.au.