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

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A5 DELEGATION A5.1 The Secretary may, in writing, delegate or authorise any person to perform any of the Secretary’s powers or functions under this Agreement. A5.2 Delegation and authorisation instruments will be published on the department’s intranet pages as soon as practicable after being signed by the Secretary. A6 INDIVIDUAL FLEXIBILITY ARRANGEMENT A6.1 The Secretary and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if: (a) the arrangement deals with one or more of the following matters: (i) (ii) (iii) (iv) arrangements about when work is performed, overtime rates and/or penalty rates; allowances; remuneration; and/or leave; (b) (c) the arrangement meets the genuine needs of the Secretary and employee in relation to one or more of the matters mentioned in paragraph (a); and the arrangement is genuinely agreed to by the Secretary and the employee. A6.2 The Secretary must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; (b) (c) are not unlawful terms under section 194 of the Fair Work Act 2009; and result in the employee being better off overall than the employee would be if no arrangement was made. A6.3 The Secretary must ensure that the individual flexibility arrangement: (a) (b) (c) (d) is in writing; includes the name of the Secretary and the employee; is signed by the Secretary and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and includes details of: (i) (ii) (iii) (iv) the terms of the enterprise agreement that will be varied by the arrangement; how the arrangement will vary the effect of the terms; how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and states the day on which the arrangement commences, and where relevant, the day on which the arrangement ceases. Department of Human Services Agreement 2011 – 2014 2
A6.4 The Secretary must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. A6.5 The Secretary or employee may terminate the individual flexibility arrangement: (a) (b) by giving no more than 28 days written notice to the other party to the arrangement; or if the employer and employee agree in writing, at any time. A6.6 The department will report on the use of individual flexibility arrangements to the National Consultative Committee quarterly. This report will include information on: (a) (b) (c) the number of arrangements per classification; the reason(s) or purpose(s) for arrangements; and the conditions of this Agreement that are varied in the arrangements. A6.7 The information reported under subclause A6.6 will be presented in a way that does not identify individual employees. A7 CONSULTATION A7.1 The department respects the principles of freedom of association and recognises that it is every employee’s right to freely decide whether or not to join and be represented by a union in workplace matters. A7.2 Consultation means providing employees and their representatives with a bona fide opportunity to influence a decision-maker prior to a decision being made (where possible), and prior to the implementation of changes. A7.3 The Secretary will consult with potentially affected employees and their representatives in accordance with this clause A7: (a) (b) on the introduction of major changes (or proposed major changes) referred to in subclauses A7.4 and A7.5; and on other workplace changes that will have an effect on employees referred to in subclause A7.6. Major Change A7.4 Where a decision is made to introduce major changes in program, organisation, structure or technology that are likely to have a significant effect on employees, the Secretary must notify the employees who are likely to be affected by the proposed changes, and their representatives. A7.5 Significant effects include (but are not limited to): (a) (b) (c) termination of employment; major changes in composition, operation or size of the department’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; Department of Human Services Agreement 2011 – 2014 3
Page 1 and 2: humanservices.gov.au Department of
Page 3 and 4: F8 Rosters ........................
Page 5: PART A SCOPE OF AGREEMENT A1 TITLE
Page 9 and 10: A7.14 The Secretary will advise emp
Page 11 and 12: (a) under the Fair Work Act 2009 (a
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
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G10.3 An employee may elect to have
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G15 GENERAL PARENTAL LEAVE G15.1 An
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(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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