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Enterprise Agreement 2011-14 - Department of Climate Change

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<strong>Department</strong> <strong>of</strong> <strong>Climate</strong> <strong>Change</strong> and Energy Efficiency – <strong>Enterprise</strong> <strong>Agreement</strong> <strong>2011</strong>-<strong>14</strong><br />

o maternity/adoption/Permanent/Foster care/surrogate leave; or<br />

o as otherwise determined by the Secretary.<br />

56.12. An employee may seek review <strong>of</strong> his or her assessment. Where an employee has sought<br />

review <strong>of</strong> his or her assessment under the PDF and this is subsequently upheld, then salary<br />

advancement will occur from 1 September.<br />

57. Salary packaging<br />

57.1. Ongoing employees may access salary packaging through the <strong>Department</strong>’s service provider,<br />

and may package up to one hundred per cent <strong>of</strong> salary subject to any other payments that<br />

are required by legislation.<br />

57.2. Where employees take up the option <strong>of</strong> salary packaging, the employee’s salary for the<br />

purposes <strong>of</strong> superannuation, severance and termination payments, and any other purposes,<br />

will be determined as if the salary packaging arrangement had not occurred.<br />

57.3. Any fringe benefits tax incurred by individual employees as a result <strong>of</strong> his or her salary<br />

packaging arrangement will be met by the individual employee on a salary sacrifice basis.<br />

57.4. Non-ongoing employees may access salary packaging <strong>of</strong> superannuation only.<br />

58. Salary on reduction<br />

58.1. An employee’s classification may be reduced at the employee’s request or if the Secretary<br />

directs.<br />

58.2. Reduction by the Secretary may occur in the following circumstances:<br />

o as a sanction in the event <strong>of</strong> a breach <strong>of</strong> the APS Code <strong>of</strong> Conduct;<br />

o where the employee is excess to requirements at the higher classification;<br />

o where the employee lacks or has lost an essential qualification for performing duties<br />

at the higher classification;<br />

o on the ground <strong>of</strong> non-performance or unsatisfactory performance <strong>of</strong> duties at the<br />

higher classification; or<br />

o where the employee is unable to perform duties at the higher classification because<br />

<strong>of</strong> physical or mental incapacity.<br />

58.3. If an employee requests in writing or is directed to perform work at a lower classification<br />

level temporarily or permanently, the Secretary will determine the salary rate at the lower<br />

classification level. The determination will reflect the employee’s experience, qualifications<br />

and skills and the circumstances under which the reduction occurred.<br />

59. Superannuation<br />

59.1. The Agency will make compulsory employer contributions as required by the applicable<br />

legislation and fund requirements.<br />

37

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