Department of Human Services Agreement 2011–2014 [pdf, 1.05mb]

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Note: If Fair Work Australia arbitrates a dispute, it may also use the powers available to it under the Fair Work Act 2009. A decision that Fair Work Australia makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Fair Work Act 2009. Therefore, an appeal may be made against the decision. A8.7 The Secretary or an employee or employees who are a party to the dispute may appoint another person, organisation or association to accompany and/or represent them for the purpose of this clause A8. A8.8 Resolution of disputes is to occur in good faith by following the same principles as the good faith bargaining requirements at section 228 of the Fair Work Act 2009. A8.9 Where a dispute relates to a decision that was made in accordance with relevant policy or guidelines, the dispute will be resolved on the basis of the policy or guidelines that applied at the time the original decision was made. A8.10 While the parties are attempting to resolve the dispute using the procedures in this clause A8: (a) (b) an employee must continue to perform his or her work as he or she would normally, unless he or she has a reasonable concern about an imminent risk to his or her health or safety; an employee must comply with a direction given by the Secretary to perform other available work at the same workplace, or at another workplace, unless: (i) (ii) (iii) (iv) the work is not safe; applicable occupational health and safety legislation would not permit the work to be performed; the work is not appropriate for the employee to perform; or there are other reasonable grounds for the employee to refuse to comply with the direction; (c) (d) where a dispute relates to a matter where consultation has not occurred, the employee will perform his or her work in accordance with custom and practice; and where a dispute, relating to a large number of employees, remains on foot in relation to a matter where consultation has occurred and there are far reaching impacts, employees will perform their work in accordance with custom and practice. A8.11 The parties to the dispute agree to be bound by a decision made by Fair Work Australia in accordance with this clause A8, subject to any appeal. A8.12 Where: (a) (b) prior to the commencement of this Agreement, an employee has notified a dispute in accordance with the dispute resolution clause of a collective agreement that applied to the employee immediately before the commencement of this Agreement; and the dispute has not been finalised at the date of commencement of this Agreement, the parties agree to observe the processes outlined in the relevant dispute resolution clause of the previous collective agreement in respect of the dispute until the dispute is finalised. A8.13 The dispute resolution processes outlined in this clause A8 cannot be used in respect of the termination of a person’s employment. The sole rights and remedies in respect of termination of employment are those outlined: Department of Human Services Agreement 2011 – 2014 6
(a) under the Fair Work Act 2009 (as amended or replaced from time to time); (b) (c) under other Commonwealth laws (including the Constitution); and at common law. A9 DELEGATES’ RIGHTS A9.1 Schedule 6 of this Agreement sets out the rights and responsibilities of union workplace delegates in the workplace. A9.2 Delegates of the Media, Entertainment and Arts Alliance shall be able to access the Delegates Facilities provided at Schedule 6 of this Agreement. Department of Human Services Agreement 2011 – 2014 7
Page 1 and 2: humanservices.gov.au Department of
Page 3 and 4: F8 Rosters ........................
Page 5 and 6: PART A SCOPE OF AGREEMENT A1 TITLE
Page 7 and 8: A6.4 The Secretary must give the em
Page 9: A7.14 The Secretary will advise emp
Page 13 and 14: (b) less any amount accepted by the
Page 15 and 16: B5.8 Subject to subclause B6.2(b),
Page 17 and 18: B8 SUPPORTED SALARY B8.1 The suppor
Page 19 and 20: B9.11 Where an employee’s salary
Page 21 and 22: (e) APS 5 to the APS 6 in the Profe
Page 23 and 24: (c) Where an employee commences a S
Page 25 and 26: PART D ALLOWANCES AND REIMBURSEMENT
Page 27 and 28: D9 OFFICE DISTURBANCE ALLOWANCE D9.
Page 29 and 30: General D13.7 Schedule 5 (Remote lo
Page 31 and 32: PART E TRAVEL AND RELOCATION E1 TRA
Page 33 and 34: (d) (e) (f) a reunion fare at the c
Page 35 and 36: (c) where an employee is promoted o
Page 37 and 38: F5.5 The Secretary may approve a re
Page 39 and 40: (b) (c) commencement 15 minutes bef
Page 41 and 42: scheduled activities should not red
Page 43 and 44: F11.5 A full-time employee may carr
Page 45 and 46: Overtime period is not continuous w
Page 47 and 48: (c) Public Holidays: 15% of hourly
Page 49 and 50: F18.3 Employees who prior to the co
Page 51 and 52: F20.3 Arrangements made under this
Page 53 and 54: G3.3 The Secretary may approve a re
Page 55 and 56: PERSONAL / CARER'S LEAVE G7 ACCRUAL
Page 57 and 58: G10.3 An employee may elect to have
Page 59 and 60: G15 GENERAL PARENTAL LEAVE G15.1 An
Page 61 and 62:
(iii) where no alternative arrangem
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Unpaid leave Length Pay Longer term
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G24.4 An employee, who is absent on
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PART H GENERAL EMPLOYMENT CONDITION
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H10.4 Any amount that remains outst
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H16 LEARNING AND DEVELOPMENT H16.1
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Employee’s length of service on t
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(a) (b) the commencement of a new p
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I5.7 Where, at the end of eight wee
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PART J RETENTION, REDEPLOYMENT AND
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24 years full time service (refer t
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J10.2 An excess employee’s employ
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SCHEDULE 1 - DEFINITIONS The follow
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SCHEDULE 2 - BASE SALARIES Table A
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EL2 Min. $102,200 $105,266 $108,424
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Program Salary points including fir
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Program Stage one (on commencement)
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Table H - Fortnightly allowance in
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SCHEDULE 3 - SALARY TRANSLATION FOL
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Previous Instrument Employee’s ci
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SCHEDULE 4 - TRANSITIONAL ARRANGEME
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4.2. For affected employees who hav
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Previous CA Program Advancement wit
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15. Implementation of this Agreemen
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(c) reimbursement of fares of child
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Location Additional annual leave Di
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4.0 WORKPLACE DELEGATE 4.1 A workpl
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7.5.3 Where prior approval has been
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SCHEDULE 7 - ALLOWANCE RECOGNITION
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INDEX A Aboriginal and Torres Strai
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Schedule 4 (pg 98) defence-related
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see also working hours hours of ser
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Schedule 5 (pg 106-107) Notice boar
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overtime meal allowance, D10.6 prof
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G3.2(b), G26.5(a) hours of, F9.1-5
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Department of Human Services Agreement 2011–2014 [pdf, 1.05mb]

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