If you have a question that has not been addressed below, please check the fact sheets and Proposed EA before emailing eacomment@finance.gov.au.
Voting for the Proposed MOP(S) Act Enterprise Agreement
What do you need to do to be eligible to vote and receive the one-off payment?
To ensure eligibility to vote and to receive the one-off payment, paperwork for all MOP(S) Act employment agreements (including contact details) for work undertaken during the voting period (12 to 19 August 2024) must be submitted to MaPS no later than payroll cut-off date Thursday, 15 August 2024.
Where can I find the proposed Enterprise Agreement
A copy of the proposed Enterprise Agreement is available on the Related Resources tab on the EA information page.
What is changing from the current Enterprise Agreement?
A detailed explanation of the changes in the proposed Enterprise Agreement and some useful fact sheets are also available on the Related Resources tab on the EA information page.
What is the ‘access period’?
The access period will commence 2 August and end 11 August 2024. This is the period that provides employees with the opportunity to consider the proposed Enterprise Agreement. It is required under the Fair Work Act 2009 and must be at least seven clear days before a ballot can be held.
When is the ballot?
The ballot will open at 9.00am on Monday 12 August 2024.
How long is the ballot period?
The ballot will be open for over a week, and closes at 2.00pm on Monday 19 August 2024.
Who is eligible to vote?
Any person who is employed under the MOP(S) Act during the access period before the ballot or during the ballot is entitled to vote (including staff on leave). For casual employees, this means that they must have worked on at least one of the days during the access period or ballot period.
How will the ballot be conducted?
The ballot will be conducted by Orima an independent ballot provider. Employees will receive an email from Orima that provides a link to the ballot for online voting. Each employee will receive a unique PIN in their email that is required to vote. Each PIN can only be used to vote once. You will also need to enter your date of birth to authenticate your vote. This is to ensure voting is secure and confidential.
What happens if I lose my PIN before I vote?
Please contact Orima at ballot@orima.com including your name, and date of birth to allow Orima to confirm your details on the voter roll. Orima will resend your PIN and voter instruction email.
What happens if I don’t get an email inviting me to vote?
Contact the Staff Help Desk on 02 6215 3333 or mpshelp@finance.gov.au to make alternative arrangements.
What happens if I’m on leave for the whole ballot period?
Contact the Staff Help Desk on 02 6215 3333 or mpshelp@finance.gov.au to provide an alternative email address for the ballot. Your invitation to vote will be sent to the alternative email address.
Can I vote if I commence employment during the ballot?
Yes. Details of new employees will be provided to Orima during the ballot period to enable them to email voter instructions and a PIN.
What happens if I cease employment after the 5 August 2024 (the expiry of the current EA) but before the new EA commences?
Employees will have their cessation processed as per the conditions in place at the time of the date of cessation. Should a new EA be successfully voted up and approved by the Fair Work Commission after an employee has ceased, any employees eligible for an ‘adjustment’ to their final monies will have that processed as soon as practical.
What constitutes a ‘successful’ ballot?
If a majority of the employees who cast a valid vote (50% plus one) support the proposed Enterprise Agreement, the ballot is successful.
How long will it take before a result of the ballot is known?
It is expected that a result will be known shortly after the ballot closes. Staff will be notified of the result as soon as possible.
What happens after a successful ballot?
The Enterprise Agreement will be signed by the Special Minister of State and representatives of MOP(S) Act employees and submitted to the Fair Work Commission for approval. The Commission will assess the Enterprise Agreement for matters such as whether it passes the ‘better off overall’ test.
How long does the Fair Work Commission take to approve an enterprise agreement?
The Fair Work Commission takes approximately 10 to 45 working days to approve an enterprise agreement.
When will the new Enterprise Agreement commence?
The Enterprise Agreement will commence seven days after it is approved by the Fair Work Commission. Staff will be notified about commencement when the Enterprise Agreement is approved.
When will my pay increase?
The increases to your salary and allowances will be backdated with effective from 5 August 2024 and will be paid on the next available pay day from the commencement of the EA.
What happens to my pay and conditions when the current EA expires?
Existing conditions continue to apply until a new EA is successfully voted up and approved by the Fair Work Commission
What happens if I cease employment after the 5 August 2024 but before the new EA commences?
Employees will have their cessation processed as per the conditions in place at the time of the date of cessation. Should a new EA be successfully voted up and approved by the Fair Work Commission after an employee has ceased, any employees eligible for an ‘adjustment’ to their final monies will have that processed as soon as practical.
What happens if there is a “no” vote?
Negotiations will recommence for bargaining representatives to produce a revised EA. Employees will not be eligible to receive the one-off sign on bonus or receive ‘backpay’ to 5 August 2024.
What are the financial implications if the EA is voted down? Can the proposed salary increase of 11.2% be decreased?
In summary, a "no" vote would mean that employees would forfeit the one-off sign on bonus and any backpay to August 5, 2024. If this occurs, bargaining will recommence to develop a revised Enterprise Agreement.
One-off sign on bonus
Who is eligible for the one-off sign on bonus?
All employees who were employed during the voting period are eligible for the payment, including casual employees. Employees on leave without pay (excluding parental leave without pay) during the voting period are not eligible to receive the payment.
Is the one-off flat rate payment pro-rated for part-time hours or casual employees?
No, all employees will receive the same payment regardless of their employment type.
How much is the one-off sign-on bonus and how will it be calculated?
At the request of bargaining representatives, this will be calculated at .92% of annual base salary and averaged out for all employees to receive a flat rate. The amount will be calculated after the voting period has finished.
How will the sign on bonus be calculated for casuals?
A casual employee who worked on at least one day during the voting period (12 to 19 August), will be eligible to receive the ‘one-off payment’ in the event the MOPS EA receives a ‘yes vote’.
All eligible MOP(S) Act employees (including casual employees) will receive the same payment.
MaPS will inform employees of the amount of the flat-rate payment once it is known.
Will employees on LWOP receive the one-off payment?
An employee who is in LWOP (except for unpaid parental leave) for the duration of the voting period will not receive the payment.
An employee who worked a minimum of one day during the voting period and was on LWOP for the remainder of the voting period will receive the payment.
Employees on unpaid parental leave during the voting period, regardless of the duration of the leave, will receive the payment.
Will I be eligible to receive the one-off payment if I cease employment during the voting period?
Yes - All employees who were employed for at least one day during the voting period are eligible to receive the payment.
Nominated Traveller Allowance (NTA)
Does the 'nominated traveller allowance' have to be applied to the person who is currently defined as the nominated traveller?
The Nominated Traveller Allowance can only be given to the Nominated Traveller who has been nominated by their Parliamentarian in accordance with a determination under the MOP(S) Act. The employing Parliamentarian may only re-allocate the NTA where there is a change to the nominated traveller.
Is the maximum points of ESA a Nominated Traveller can receive 12 points?
Nominated travellers will receive a Nominated Traveller Allowance (NTA) of 12 points of ESA and can also receive ESA points up to their individual ‘cap’ (unless they elect not to). For most employees, this ‘top up’ can be up to the cap of 16 points. For some employees in Large or Extra Large electorates, their cap will be 18.
Can the 12 ESA points for the Nominated Traveller Allowance be dispersed to other employees instead of going to the Nominated Traveller?
The rate of NTA (12 points of ESA) cannot be re-allocated to any other employee unless they become the new Nominated Traveller. A Nominated Traveller can elect to receive TOIL instead of receiving NTA and ESA.
Will this allowance be in place automatically if a “Yes vote” goes through?
At the commencement of the EA, Nominated Travellers will automatically receive their NTA. Unless their parliamentarian reallocates ESA, they will also automatically receive any difference between the amount of ESA points they were receiving before the new EA, and their 12 points of NTA.
- E.g. if a Nominated Traveller was in receipt of 14 points of ESA before the EA, they will automatically receive NTA (12 points) + 2 points of ESA = 14 points of ESA,
- E.g. If a nominated Traveller is currently on 9 ESA Points, will they receive an additional 3 ESA points on commencement of the new EA as the Nominated Traveller Allowance, bringing their total to 12 ESA Points.
Electorate Staff Allowance (ESA)
When will the additional points of ESA be available to be reallocated?
The additional ESA points will be available to allocate from the commencement of the new EA, which will be 7 days from the date the EA is approved by the FWC.
Can you confirm the definition of rural and remote (what electorates will qualify) in relation to an increase of an individual’s ‘cap’ of ESA, and what does 'certain employees' mean? What is the rationale for this?
Eligibility for qualifying electorates aligns with Determination 2023/09 – Employment of Electorate Employees which provides that
- Parliamentarians who are provided with a second electorate office at Commonwealth Expense are considered to be a ‘large electorate’ and are able to allocate up to 18 points of ESA to any one individual employee – “large electorate”
- Parliamentarians who are provided with a third office at Commonwealth Expense are considered to be an ‘extra-large electorate’ and are able to allocate up to 18 points of ESA to any two employees - “extra-large electorate”.
The employee who can receive up to 18 points of ESA (inclusive of the NTA) can be the Nominated Traveller or any employee.
What is the rationale for only parliamentarians with a large or extra-large electorate being able to allocate up to 18 points of ESA to certain employees?
Electorate employees who work for a parliamentarian with more than one electorate office are likely to be required to undertake additional travel between, and within, the electorate.
Are the additional 16 points in addition to the NTA or inclusive of the 12 points in the NTA?
The additional 16 points of ESA added to the total ‘pool’ is inclusive of the 12 points of ESA for the Nominated Traveller Allowance.
Can a parliamentarian reallocate ESA for all their employees at the commencement of the EA?
Yes. The commencement of the EA is an ESA allocation trigger – meaning a parliamentarian may allocate the level of ESA for each employee when the EA commences, or can allocate unused ESA at any time.
Will the additional points of ESA be backdated with effect from 5 August 2024?
Under the bargaining policy remuneration increases (which includes base salaries and allowances), are able to be backdated to 5 August 2024 only if the access period for a proposed (and successful) EA is opened before the nominal expiry date of the current EA (which is 5 August 2024).
The new non-salary-based entitlements (such as additional points of ESA) provided for under the proposed EA cannot commence until the new EA commences.
If, for example, the new EA commences on 1 September 2024, remuneration for the extra ESA points a staff member may receive from that date would only apply from that date. Staff would not be ‘back-paid’ based on their new allocation from 5 August 2024.
New allowances
What are the competency requirements PWSS prescribes to qualify for the Community Language Allowance? Will there be an application process for CLA?
The PWSS will determine competency requirements for eligibility to this allowance. These arrangements have not yet been finalised
Parental leave
Can the father in a male/female relationship be the primary caregiver under current EA or is the father always secondary carer?
Yes. There are circumstances where the male/father in a male/female relationship would be the “primary caregiver”. The definitions of primary and secondary caregiver are not restricted to gender, and provide that a primary caregiver may be a pregnant employee or an employee who has primary care responsibility for a child who is born to them.
What evidence would be needed to prove the is the primary caregiver?
A primary carer is an individual who provides the majority of the child's daily physical care and needs. Evidence requirements will be determined by the parliamentarian as the authorised delegate.
How much does parental leave for secondary caregivers increase by each year over the life of the EA?
Paid parental leave entitlements for secondary caregivers over the life of the agreement are:
- Date of commencement of this agreement to 28 February 2025 – 8 weeks
- 1 March 2025 to 28 February 2026 – 11 weeks
- 1 March 2026 to 27 February 2027 – 14 weeks
- On and from 28 February 2027 – 18 weeks
Same day travel allowance
When will the rate of same day travel allowance be determined?
Arrangements relating to the same-day travel allowance have not yet been determined. This allowance will be introduced during the life of the Agreement through a guideline that will be developed in consultation with the Employee Consultative Group (ECG).
Will electorate support budgets increase to reflect new payment?
Arrangements relating to the same-day travel allowance have not yet been determined. This allowance will be introduced during the life of the Agreement through a guideline that will be developed in consultation with the Employee Consultative Group (ECG).
Casual employment arrangements
Will electorate support budgets be increased to reflect increase in loading and minimum shift hours?
The methodology for calculating a parliamentarian’s Electorate Support Budget is set by a determination and is not a matter for bargaining. Casual Loading is not deducted from a parliamentarian’s Electorate Support Budget.
Travel
Employees with work bases in the electorate of Indi are currently eligible to claim Excess (Canberra) Travel Leave but are not listed at Appendix A. Does this mean they will not be eligible under the proposed EA?
The list of electorates in Appendix A is not exhaustive. The proposed EA maintains the existing provision that states the Minister may approve other electorates in addition to the list at Appendix A (refer clause 61.3 and clause 1.2 in Appendix A). Work bases in the electorate of Indi are currently eligible to claim Excess (Canberra) Travel Leave.
Staff of retiring Ministers and / or impacted by Ministerial reshuffle
On Thursday 25 July 2024 the Prime Minister announced the retirement of two Ministers and indicated that announcements would be made on Sunday 28 July 2024 with regards to a Ministerial reshuffle. For any staff affected by these events the PWSS is the main contact for both HR advice and support. The Department of Finance is working closely with PWSS. We will be able to provide advice on individual circumstances, and how that intersects with bargaining processes.
Delegates’ Rights
Where can I find information on Delegates’ Rights?
General information on delegates’ rights has been published by the Fair Work Ombudsman and Fair Work Commission and is accessible via the following links:
- Workplace delegates’ rights - Fair Work Ombudsman Fact Sheet
- Delegates’ rights terms in enterprise Agreements – Fair Work Commission
- FWC Statement: Variation of modern awards to include a delegates’ rights term
The Department of Finance will develop further guidance via a policy for delegates rights, which will be consulted on through the Employee Consultative Group (ECG).
Can a workplace delegate access an Electorate Office?
Where a workplace delegate has requested access to an electorate office, the Parliamentarian or employee should refer the request to MPSHelp@finance.gov.au.
Any request for or access to facilities will be arranged by the Department of Finance, to ensure the obligations of the Commonwealth in relation to workplace delegates’ rights are met.
As part of its facilitation role, the Department of Finance would typically consult with any relevant parities including the employing parliamentarian and the workplace delegate.