2011–2014 Enterprise Agreement - Careers at ASIC - Australian ...

Enterprise 

Agreement 

2011–2014 

Australian Securities and 

Investments Commission

Contents 

Australian Securities and Investments Commission Enterprise Agreement 2011–2014 PAGE 2

CONTENTS 

DEFINITIONS ......................................................... 4 

SECTION A 

ABOUT THIS AGREEMENT ......................................... 7 

1. Title ...................................................................... 8 

2. Purpose ................................................................ 8 

3. Objectives ............................................................. 8 

4. Coverage ............................................................. 9 

5. Duration .............................................................. 9 

6. Operation ............................................................. 9 

7. No extra claims ................................................... 10 

SECTION B 

TERMS AND CONDITIONS APPLYING TO ALL STAFF ........ 11 

8. Categories of Employment .................................. 12 

9. Recognition of professional standing ................... 12 

10. Classification Structure ........................................ 12 

11. Recreation Leave ................................................. 12 

Recreation Leave at Half Pay ................................ 13 

Cashing in of Recreation Leave ............................ 13 

Purchased Leave ................................................. 13 

12. Personal Leave .................................................... 14 

13. Portability of accrued Recreation Leave 

and Sick Leave entitlements ................................. 15 

14. Compassionate Leave .......................................... 15 

15. Maternity Leave, Supporting Partner’s Leave 

and Leave for Adoptive and Fostering Parents ...... 15 

Return to work after parental leave ...................... 16 

16. Other Leave ........................................................ 17 

17. Public Holidays .................................................... 18 

18. Christmas Closedown ......................................... 18 

19. Part-time Employment ........................................ 19 

20. Business Related Travel ........................................ 19 

21. Motor Vehicle Allowance .................................... 20 

22. First Aid .............................................................. 20 

23. Remote Localities Assistance ............................... 20 

24. Relocation Expenses ............................................ 20 

25. Working away from the office ............................. 20 

26. Employer’s Contribution of Superannuation ......... 21 

27. Salary Sacrifice Arrangements ............................. 21 

28. Learning and Development Opportunities 

and the Study Assistance Scheme ........................ 21 

29. Performance Management .................................. 22 

30. Managing Underperformance ............................. 23 

31. Workforce Adjustment ........................................ 24 

Excess Staff ......................................................... 24 

Consultation Arrangements ................................ 24 

Redeployment .................................................... 24 

Information for Staff ........................................... 25 

Accelerated Separation ....................................... 25 

Staff Declared Excess........................................... 25 

Voluntary Redundancy ........................................ 25 

Severance Benefit ............................................... 26 

Involuntary Redundancy ...................................... 27 

Support Period .................................................... 27 

Period of Notice .................................................. 27 

Salary ................................................................. 27 

32. Managing alleged breaches of the Code 

of Conduct ......................................................... 27 

33. Misconduct ........................................................ 28 

34. Review of decisions including to terminate 

employment ....................................................... 28 

35. Individual flexibility arrangements ........................ 28 

36. Consultation ....................................................... 29 

37. National Consultative Committee ........................ 30 

38. Staff Support and Representation ........................ 30 

39. Resolution of Agreement Disputes ....................... 31 

SECTION C 

TERMS AND CONDITIONS FOR ASIC1-4 STAFF ..............33 

40. Remuneration ..................................................... 34 

41. Salary ................................................................. 34 

Salary on commencement ................................... 34 

Salary Advancement ........................................... 34 

2% Supplementation Payment ............................ 34 

Salary on Reduction ............................................ 34 

Salary on Promotion ............................................ 35 

Junior rates ......................................................... 35 

Temporary work at a higher level 

(higher duties) .................................................... 35 

42. Bonuses for ASIC 4 staff ...................................... 35 

43. Rewards other than pay....................................... 36 

44. Hours of Work .................................................... 36 

45. Bandwidth .......................................................... 36 

46. Flextime .............................................................. 37 

47. Irregular and Intermittent Employment ................ 37 

48. Overtime ............................................................ 37 

49. Restriction Duty .................................................. 38 

50. Shiftwork ........................................................... 38 

51. Personal Leave .................................................... 39 

52. Business Related Travel ........................................ 39 

53. Notice Periods ..................................................... 39 

SECTION D 

TERMS AND CONDITIONS FOR EXECUTIVE LEVEL STAFF ..40 

54. Employee Duties ................................................. 41 

55. Hours of Duty ..................................................... 41 

56. Remuneration ..................................................... 42 

57. Other Terms and Conditions ................................ 43 

ATTACHMENT A 

ASIC1-4 CLASSIFICATION STRUCTURE, SALARY RATES AND 

ADVANCEMENT POINTS .....................................45/46 

ATTACHMENT B 

EXECUTIVE LEVEL SALARY RATES .......................... 47/48 

SIGNATORIES ....................................................50 


Definitions 


DEFINITIONS 

In this Agreement, unless a contrary intention is clear, the following definitions apply: 

“The Act” means the Fair Work Act 2009 as varied or replaced; 

“Assessment Period” means a continuous period of 90 days or an aggregate of 90 days within a 

12 month period from the time the underperformance was first drawn to the staff member’s attention; 

“This Agreement” means the Australian Securities & Investments Commission Enterprise Agreement 

2011-2014; 

“APS” means the Australian Public Service; 

“ASIC” means the Australian Securities & Investments Commission. Where the term “ASIC” is used in this 

Agreement, CAMAC is to be substituted where it is appropriate; 

“CAMAC” means the Corporations and Markets Advisory Committee; 

“Chairman” means the person for the time-being performing the duties of the Chairman of ASIC, or 

in relation to staff engaged pursuant to section 156 of the ASIC Act, the Convenor of CAMAC, and 

includes a delegate of the Chairman or a person authorised for the purpose by the Chairman; 

“Commission” means the duly constituted Australian Securities & Investments Commission or its 

successor (normally consisting of Chairman, Deputy Chairman and Statutory Members); 

“CPSU” means the Community and Public Sector Union; 

“De facto partner”, in relation to an employee: 

a) Means a person who, although not legally married to the employee, lives with the employee 

in a relationship as a couple on a genuine domestic basis (whether the employee and the 

person are of the same sex or different sexes); and 

b) Includes a former de facto partner of the employee; 

“Family” in relation to an employee means: 

a) A spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; 

b) A child, parent, grandparent, grandchild or sibling of a spouse or de facto partner 

of the employee 

c) A relationship of traditional kinship, provided that ASIC is satisfied that there is an obligation 

under the customs and traditions of the community to which the employee belongs which 

necessitates the employee taking personal leave or compassionate leave; 

“FWA” means Fair Work Australia; 

“Higher Duties” means the performance by the staff member at the request of ASIC of the duties 

of a position at a higher classification level than which the Employee is appointed; 


DEFINITIONS 

“Higher Duties Allowance” is the allowance paid for staff required to work at a higher level, the 

exact conditions of which are determined by classification level; 

“Individual Development Plan” means the development plan as defined in the ASIC Performance 

Management Framework; 

“Manager” and “Supervisor” means the person who has responsibility for oversighting, 

monitoring, managing, directing or supervising another staff member; 

“National Consultative Committee (NCC)” is the consultative forum chaired by the Chairman or 

his or her representative and includes staff, union and Commission representatives. The NCC will 

maintain Terms of Reference and will have the primary responsibility for monitoring implementation of 

this Agreement; 

“Non-ongoing Employee” has the same meaning as in the Public Service Act 1999 ie an APS 

employee who is not an ongoing APS employee; 

“Ongoing Employee” has the same meaning as in the Public Service Act 1999 ie a person engaged 

as an ongoing APS employee, as mentioned in paragraph 22(2)(a) of the Public Service Act 1999; 

“Performance Agreement” means the Performance Agreement as defined in the ASIC 

Performance Management Framework; 

“Position Description” is a statement of the staff member’s duties as determined from time to time 

by the staff member’s manager based on the work level descriptors and includes the major 

responsibilities and accountabilities of the position; 

“Salary” means the staff member’s rate of salary (in accordance with the salary rates at Attachment A 

and B where applicable, and including continuing higher duties allowance where applicable) which will 

be the salary for all purposes including for calculation of leave entitlements, termination benefits, salary 

sacrifice arrangements, annual performance review and bonus payments where applicable. Except as 

required by the Public Service Act 1999, “salary” does not include employer’s superannuation 

contributions or bonus payments; 

“Staff” or “Staff member” means an employee of the Australian Securities & Investments 

Commission or its successor or CAMAC at the non-SES level, to which this Agreement applies, whether 

employed on a full-time or part-time basis; 

“Staff representative” means a person nominated by a staff member or staff members and 

includes union representatives; 

“SCT” means Superannuation Complaints Tribunal; 

“Work Level Descriptors” as referred to in this Agreement are descriptors established by ASIC in 

accordance with the APS Classification Rules to determine the classification level of a role. 


Section A 

About this 

Agreement 


SECTION A 

ABOUT THIS AGREEMENT 

1. Title 

1.1. This Agreement will be known as the Australian Securities & Investments Commission Enterprise 

Agreement 2011-2014. 

2. Purpose 

2.1. The purpose of this Agreement is to establish the terms and conditions of employment for APS 

staff at ASIC 1 to 4 and Executive Levels working in ASIC and CAMAC. 

3. Objectives 

3.1. ASIC recognises the importance of investing in its staff and through this Agreement aims to 

support the achievement of corporate objectives by: 

• enabling ASIC to meet its objectives established under law and as detailed in business plans; 

• supporting a culture of performance, innovation and continuous improvement which 

recognises and rewards high performance; 

• providing the opportunity for staff to develop their skills to effectively perform their roles 

and develop their careers; 

• allowing ASIC to manage flexibly and responsibly to meet the challenges of the future; 

• streamlining and simplifying conditions of employment; 

• increasing organisational productivity and efficiency; 

• minimising unnecessary prescription and support costs; 

• supporting an environmentally friendly workplace; and 

• maintaining a safe and healthy working environment and a workplace free of bullying 

and harassment. 

3.2. ASIC is an organisation which values fairness, equity and diversity and has put in place measures 

designed to prevent and eliminate unlawful discrimination and retain its diverse workforce 

including mature-aged workers and Aboriginal and Torres Strait Islander staff. 

3.3. ASIC recognises that staff should not have an excessive workload, and recognises that staff have 

to balance their working life commitments with other competing interests such as family, 

community work, and lifestyle choices and that balance is likely to be best achieved through 

providing staff with the greatest flexibility possible in their attendance patterns. 

3.4. This Agreement continues to streamline personnel practices to: 

• ensure they are simple and fair and can be easily understood and managed by staff 

and managers; 

• achieve simplified processing arrangements and leave conditions; and 

• give greater flexibility to staff in managing their work. 

3.5. The Objectives in this clause are a statement of intent only and, as such clause 3 is not intended to 

be legally enforceable. For the avoidance of doubt, this does not affect any parties legal rights 

independent of this Agreement. 


SECTION A 


4. Coverage 

4.1. This Agreement shall cover collectively the following parties: 

• the Chairman of ASIC as the employing authority on behalf of the Commonwealth of Australia; 

• the convener of CAMAC as the employing authority on behalf of the Commonwealth 

of Australia; 

• staff of ASIC at ASIC 1 to 4 and Executive Level 1 and Executive Level 2 classification levels, 

including ASIC staff working at the SCT under the Public Service Act 1999; 

• staff of CAMAC under the Public Service Act 1999 at ASIC 1 to 4 and Executive Level 1 and 

Executive Level 2 classification levels; and 

• the CPSU, if the CPSU gives notice under section 183 of the Act and Fair Work Australia notes 

that the CPSU is covered by the Agreement under section 201(2). 

5. Duration 

5.1. This Agreement will come into operation and take effect 7 days after the date it is approved by Fair 

Work Australia. 

5.2. The nominal expiry date of the Agreement is 30 June 2014. 

6. Operation 

6.1. This Agreement operates to the exclusion of, and displaces, the Australian Public Service Award 

1998 as varied from time to time. 

6.2. There are guidelines, policies including those identified in clause 6.5 and procedures which 

prescribe conditions for working in ASIC. They are not incorporated into and do not form part of 

this Agreement. Staff should familiarise themselves with these guidelines, policies and procedures, 

which may vary from time to time. Any proposed changes to policy will be made by ASIC following 

consultation with the National Consultative Committee (NCC). 

6.3. For assistance and guidance of staff, particular guidelines and policies are identified in clause 6.5. If 

there is any inconsistency between guidelines and policies and the express terms of this Agreement, 

the express terms of this Agreement will apply. 

6.4. Policies, procedures and guidelines which support the operation of this Agreement or provide 

employee benefits, conditions of employment or entitlements may be made or varied from time 

to time. 


SECTION A 


6.5. The following ASIC policies are included in the policies referred to in this Agreement: 

• Remuneration Policy. 

• Working Hours and Flexible Working Arrangements Policy. 

• Travel Policy. 

• Leave Policy. 

• Flexible Remuneration Packaging Policy. 

• Excess Staff Policy. 

• Transfer and Relocation Policy. 

• ASIC Performance Management Framework. 

References to each of these policies are reference to the policy as renamed, varied, amended, 

supplemented or replaced from time to time. 

6.6. If after consultation with the NCC a party to this Agreement considers that any changes in policy 

are materially detrimental to ASIC staff, this is a matter arising under this Agreement and may be 

dealt with in accordance with the Dispute Resolution Arrangements included in this Agreement. 

7. No extra claims 

7.1. From the commencement of this Agreement, a person or organisation covered by this Agreement 

shall not pursue further claims for terms and conditions of employment that would have effect 

during the period of operation of this Agreement, except where consistent with the terms of 

this Agreement. 


Section B 

Terms and 

conditions 

applying to 

all staff 


SECTION B 

TERMS AND CONDITIONS APPLYING TO ALL STAFF 

8. Categories of Employment 

8.1. ASIC engages staff consistent with public sector employment arrangements and ASIC Law. 

9. Recognition of professional standing 

9.1. Titles such as Accountant, Analyst, Investigator or Lawyer will be used to describe specialist 

occupations (including when advertising vacant positions). 

9.2. ASIC may establish professional practice groups for accountants, investigators, lawyers, market 

analysts and other relevant groupings, to ensure continuation and enhancement of professional 

skills, qualifications and standing. 

10. Classification Structure 

10.1. For the purpose of determining classification, this Agreement will maintain the following 

local designations: 

Local Designation APS Classification 

ASIC1 APS1 

ASIC2 APS2 and APS3 broadbanded 

ASIC3 APS4 and APS5 broadbanded 

ASIC4 APS6 

Executive Level 1 Executive Level 1 

Executive Level 2 Executive Level 2 

10.2. ASIC will determine a staff member’s classification in accordance with the relevant 

Work Level Descriptors. 

10.3. Salary advancement will occur on the basis of performance as outlined at clause 29. 

Further information can be found in the Performance Management Framework. 

11. Recreation Leave 

11.1. Full-time staff are entitled to 4 weeks (20 working days) of annual recreation leave each 

completed year of service. Part-time staff are entitled to a pro rata amount of annual recreation 

leave. Annual recreation leave will accrue on a pro rata basis and will be credited to staff at the 

end of each pay fortnight. 

11.2. Staff working in ASIC’s Darwin office as at 10/12/98 will retain their existing recreation leave 

entitlements accruing an additional 5 days recreation leave credits per year. These entitlements 

will not be available for new staff employed in this location, whether on a temporary or 

permanent basis, after 10/12/98. 


SECTION B 


11.3. If at 1 October each year, where a staff member has more than 8 weeks (40 days for full time 

staff) of annual recreational leave credited to him or her, ASIC will direct the staff member to 

take annual recreation leave credited to the staff member to reduce the remaining balance to no 

more than 8 weeks (or 40 days for full time staff). In exceptional circumstances, a later date up 

to 1 November may be agreed between a staff member and their manager. 

11.4. Staff who are planning an extended period of recreation leave may not be directed to take leave. 

Further information can be found in ASIC’s Leave Policy. 

11.5. Recreation leave credits in lieu will be paid to a staff member on separation from the APS 

or death. 

11.6. Recreation leave may only be granted for periods of less than 1 day in exceptional circumstances. 

Recreation Leave at Half Pay 

11.7. Subject to the Agreement of their respective managers, staff members may elect to take 

recreation leave at half pay in which case payable leave credits will only be deducted for half of 

the leave duration. Recreation leave taken at half pay will only be available at a minimum of 1 

week’s duration (2.5 days leave credits) per request. 

11.8. Recreation leave taken at half pay will not affect the staff member’s superannuation 

entitlements. 

11.9. Staff members who elect to take recreation leave under these arrangements may not access 

purchased leave arrangements during the Purchase Period (defined in clause 11.12). 

Cashing in of Recreation Leave 

11.10. By written agreement between a staff member and their manager, staff may cash in 1 

week of recreation leave per calendar year for a lump sum payment equivalent to 1 week’s 

salary providing the staff member retains at least 4 weeks accrued recreation leave after the 

cashing in. 

11.11. Cashed in recreation leave will not affect the staff member’s superannuation entitlements. 

Purchased Leave 

11.12. Subject to the agreement of their respective managers and the terms of the ASIC Leave Policy, 

all ongoing staff members are eligible to apply to purchase additional leave of up to 2 weeks per 

year. The purchase will be in blocks of 1 week minimum, in return for a pro rata reduction in 

annual salary (excluding allowances) over a 12 month purchase period (‘Purchase Period’). 

11.13. Purchased Leave will not have an effect on existing salary packaging arrangements and staff 

members cannot enter into salary packaging arrangements to purchase leave. 

11.14. The minimum salary payable to the staff member under this agreement is also adjusted on a pro 

rata basis for the Purchase Period. The purchased additional leave will accrue progressively over 

the course of the Purchase Period. The purchase price is determined using the same payment 

rate as for annual leave. 


SECTION B 


11.15. Purchased leave must be used by the expiry of the 12 months following the end of the Purchase 

Period and will lapse at that time. Any outstanding monies will be reconciled at the end of the 

12 months following the end of the Purchase Period. 

11.16. Purchased leave will count as service for all purposes. If the staff member’s employment 

terminates before all purchased additional leave is taken, the staff member will receive a 

payment in lieu of the unused accrued additional leave. 

11.17. Staff members who elect to purchase leave under these arrangements may not access half pay 

annual recreation leave during the Purchase Period. 

11.18. Further details about the purchased leave scheme are available in the ASIC Leave Policy. 

12. Personal Leave 

12.1. The Chairman may grant Personal Leave, subject to available credit, in the following 

circumstances: 

• where the staff member is ill or injured; 

• to care for members of their Family or household who are ill; or 

• other emergency reasons considered appropriate. 

12.2. Full-time staff are entitled to 18 days full pay personal leave credits each year. Part-time staff are 

entitled to a pro rata amount of personal leave. 

12.3. Staff employed on an ongoing basis will be credited their personal leave on the day of their 

engagement and on the anniversary of engagement, subject to adjustment for periods of leave 

without pay that do not count as service. 

12.4. Personal leave entitlements for staff employed on a non-ongoing basis are explained in clause 

51 (for ASIC1-4 staff) and clause 57.1 (for Executive Level staff). 

12.5. Personal leave will not accrue during a period when a staff member is absent on leave without 

pay which does not count as service, or during any unauthorised absence. 

12.6. No medical certificate or other supporting evidence will normally be required for absences of 

three consecutive working days or less. However, with prior notice a manager may require a 

medical certificate or other suitable supporting evidence for periods of three days or less in 

particular circumstances. Medical certificates or other supporting evidence will be required for 

absences of more than three consecutive working days. 

12.7. Staff must advise their manager as soon as practicable of their absence or their intention 

to be absent. 

12.8. In accordance with section 352 of the Fair Work Act 2009, ASIC will not dismiss an employee 

because the employee is temporarily absent from work because of illness or injury of a kind 

prescribed by the Fair Work Regulations 2009. 

12.9. A staff member receiving workers compensation in excess of 45 weeks will only accrue personal 

leave on an hours actually worked basis. 

12.10. Unused personal leave will not be paid out on separation, or in any other circumstances. 


SECTION B 


12.11. In exceptional circumstances, staff may be granted personal leave at half pay, in which case, 

payable leave credits are only deducted for half of the leave duration. 

12.12. Staff members will be granted up to 2 days of unpaid personal leave for carer’s purposes on 

each occasion for the purposes of care or support for a member of the staff member’s Family or 

household because of a personal injury or illness or unexpected emergency, provided they have 

exhausted their paid personal leave entitlement and subject to adequate proof of the need to 

take such leave. 

13. Portability of accrued Recreation Leave and Sick Leave entitlements 

13.1. All existing accrued recreation leave and sick/personal leave credits of staff recruited to ASIC 

from other APS agencies, staff from the ACT Government and agencies staffed under the 

Parliamentary Services Act 1999 will be recognised provided there is no break in continuity of 

service. 

13.2. The entitlement to these accrued credits of leave and any future entitlements to recreation leave 

and personal leave will be those prevailing in ASIC. 

14. Compassionate Leave 

14.1. Staff are entitled to 3 days paid Compassionate Leave on each occasion in the event of the death 

or a serious life-threatening illness or injury of a Family member, subject to the staff member 

providing adequate proof of the need to take such leave. Untaken Compassionate Leave does 

not accumulate from year to year and will not be paid out if a staff member’s employment ends. 


14.2. Casual staff are entitled to 2 days unpaid Compassionate Leave per occasion in the event of the 

death or a serious life-threatening illness or injury of a Family member or member of the staff 

member’s household, subject to the staff member providing adequate proof of the need to take 

such leave. Untaken Compassionate Leave does not accumulate from year to year and will not 

be paid out if a staff member’s employment ends. Further information can be found in ASIC’s 

Leave Policy. 

15. Maternity Leave, Supporting Partner’s Leave and Leave 

for Adoptive and Fostering Parents 

15.1. The entitlement to paid maternity leave is provided for under the Maternity Leave 

(Commonwealth Employees) Act 1973. This agreement also provides for an additional 2 weeks 

paid leave which is to be taken at the end of and continuous with the 12 week entitlement paid 

in accordance with the provisions of the Maternity Leave (Commonwealth Employees) Act 1973. 

15.2. A staff member adopting a child will be eligible for leave following the placement of a child who 

is, or will be, under the age of 16 at the day of placement (or the expected day of placement) 

and has not lived with the staff member for a period of 6 months or more immediately 

preceding the date of placement. The primary caregiver will be entitled to 14 weeks paid leave 

where they have at least 12 months service. This entitlement does not apply in relation to the 

adoption of a child who is (otherwise than by adoption) a child of the staff member’s spouse or 

de facto partner. Documentary evidence of approval for adoption must be submitted when 

applying for this leave. It will also be necessary to provide satisfactory evidence of the staff 

member’s role as primary caregiver. No Other Leave for adoptive purposes will be granted in 

conjunction with this leave. 


SECTION B 


15.3. A staff member fostering a child will be eligible for leave following the placement of a child who 

is, or will be, under the age of 16 at the day of placement (or the expected day of placement) 

and has not lived with the staff member for a period of 6 months or more immediately 

preceding the date of placement. A permanent fostering arrangement is the placement of a 

child by a person/organisation with statutory responsibility for the placement of the child into a 

permanent foster care arrangement in circumstances where the child is not expected to return 

to their family and is permanently fostered with the staff member. The primary caregiver will be 

entitled to 14 weeks paid leave where they have at least 12 months service. Documentary 

evidence of approval for the permanent “fostering” arrangement must be submitted when 

applying for this leave. It will also be necessary to provide satisfactory evidence of the staff 

member’s role as primary caregiver. No Other Leave for fostering purposes will be granted in 

conjunction with this leave. 

15.4. In order to provide more flexible administration of leave, the Chairman may give approval to 

staff members, in advance, to spread the payment for the period of paid maternity, adoption or 

foster carer’s leave up to a period of 28 weeks at a rate no less than half normal salary. The 

additional leave beyond the 14 weeks paid leave referred to in clauses 15.1, 15.2 and 15.3, must 

be taken as a continuous period and will count as service. 

15.5. In accordance with the provisions of the Act, a staff member may access unpaid leave for a 

period up to two years from the birth of the child or in the case of adoption or permanent 

fostering arrangement, 2 years from date of placement of a child under the age of 16. Leave 

under this clause must be taken as a continuous period in conjunction with other leave granted 

under the provisions of clause 15.1, 15.2 or 15.3. 

15.6. A staff member who is not the primary care giver to a dependent child may take up to 10 days 

paid Supporting Partner’s Leave immediately following the birth, or the placement of a 

dependent child under school age under an adoption or under a permanent fostering 

arrangement. 

Return to work after Parental Leave 

15.7. On ending parental, maternity, adoption or foster carer’s leave, a staff member is entitled 

to return to: 

• the staff member’s pre-parental/maternity leave duties; or 

• if those duties no longer exist – an available position for which the staff member is qualified 

and suited at the same classification and pay as applied pre-parental/maternity leave. Where 

this is not practical, other duties will be sought, with the redeployment, reduction and 

redundancy provisions applying to any placement. 

15.8. For the purposes of this clause, duties means those performed: 

• if the staff member was moved to safe duties because of the pregnancy – immediately 

before the move; or 

• if the staff member began working part-time because of the pregnancy – immediately 

before the part-time employment began; or 

• otherwise – immediately before the staff member commenced maternity or parental leave. 


SECTION B 


16. Other Leave 

16.1. To provide flexibility to supervisors and staff, the Chairman may grant leave of absence to a staff 

member in appropriate circumstances including: 

• jury service; 

• for study purposes; 

• Defence Force Reserve requirements in accordance with the Defence Reserve Support 

Council advice; 

• war service sick leave; 

• voluntary welfare sector leave; 

• participation in major international sporting events; 

• participation in emergency service activities including regular training, all emergency services 

responses, reasonable recovery time and ceremonial duties; 

• appropriate training for recognised union delegates and staff representatives; 

• accompanying a spouse on a posting; 

• required attendance at a tribunal or hearing; 

• for Aboriginal and Torres Strait Islander staff participation in NAIDOC activities; and 

• any other purpose considered appropriate in the interests of ASIC and the staff member 

concerned. 


16.2. Leave may be granted: 

(a) for the period requested or for another period up to a maximum of 12 months with the 

option for extension; 

(b) with or without pay; and 

(c) subject to conditions. 

16.3. The Chairman will provide advice to a staff member of a decision to refuse leave. 

16.4. This clause is subject to a staff member’s entitlement to take leave under the National 

Employment Standards – including community service leave for the purposes of jury service 

or absence for eligible community service (as defined in the National Employment Standards) 

which is reasonable. 


SECTION B 


17. Public Holidays 

17.1. The following public holidays will be observed: 

New Year’s Day (1 January); 

Australia Day (26 January); 

Good Friday; 

Easter Monday; 

Anzac Day (25 April); 

the relevant Queen’s Birthday observance day; 

Christmas Day (25 December); 

Boxing Day (26 December). 

17.2. Staff may also observe additional public holidays declared under a State or Territory law and 

observed by the community generally at the locality. 

17.3. If under a State or Territory law, a day or part day is substituted for one of the public holidays 

listed above, then the substituted day or part day is the public holiday. 

17.4. Where a manager and a staff member agree, another day may be substituted for any public 

holiday prescribed above. 

18. Christmas Closedown 

18.1. ASIC will close its normal operations from close of business on the last working day before 

Christmas, with business resuming on the first working day after New Year’s Day. 

18.2. Staff members will be provided with time off for the working days between Christmas and 

New Year’s Day and will be paid in accordance with their ordinary hours of work. Where a staff 

member is absent on leave, payment for the Christmas closedown provision will be in 

accordance with the entitlement for that form of leave, (e.g. if on long service leave half pay, 

payment is on half pay) . 

18.3. There will be no deduction from Annual or Personal/carer’s leave credits for the closedown days. 

18.4. Where the Chairman directs a staff member to work during their regular hours on the working 

days between Christmas and New Year’s Day to provide essential services, the staff member will 

receive time off in lieu or overtime at the rate of double time and a half for hours worked. For 

duty within a staff member’s ordinary hours of work this is calculated at time and a half as staff 

are already being paid for the day. For duty outside a staff member’s ordinary working hours the 

staff member will be eligible for time off in lieu or overtime at double time and a half. Further 

information can be found in ASIC’s Leave Policy. 


SECTION B 


19. Part-time Employment 

19.1. This Agreement provides for staff to be employed on a part-time basis. A part-time staff 

member is one whose regular hours of work are less than 150 hours over the four week 

settlement period. Managers and staff will agree in writing the period of the part-time work 

agreement (not more than 2 years) and the number of days and hours to be worked over the 

four week settlement period. This part-time work agreement must be consistent with processes 

for simplified payroll processing. A staff member must work a minimum of three consecutive 

hours on each day that they work. 

19.2. At the conclusion of the part-time work agreement, the staff member and their manager may 

renegotiate the number of days and hours that will be worked and enter into a new part-time 

work agreement. These discussions should commence three months prior to the end of the 

part-time work agreement. Alternately, the staff member may return to full-time work. If no 

agreement can be reached on part-time work, the staff member will return to full-time work. 

19.3. Those staff who had part-time work arrangements with no set end dates at 14/05/01 will continue 

to have access to those arrangements. Those staff will not be required to enter into a part-time 

work agreement as outlined above while their current part-time work arrangements continue. 

19.4. However, should such staff move into a new job at their own initiative or return to full-time 

work, any future period of part-time work must be negotiated under a part-time work 

agreement as outlined above. 

19.5. Remuneration and other entitlements for part-time staff will be calculated on a pro rata basis, 

apart from reimbursements for actual expenditure, where part-time staff members will receive 

the same amount as full-time staff. 

19.6. With 3 months notice by either party, managers or staff may initiate the introduction, extension, 

variation or cessation of part-time employment or job sharing arrangements. Staff will not be 

required, without their agreement, to convert from full-time to part-time hours, or from part-time 

to full-time hours, during the life of their part-time work agreement. Part-time work agreements 

will be reviewed annually to ensure that they meet the needs of staff members and ASIC. 

19.7. Whenever possible, unless there are reasonable business grounds to refuse, ASIC will agree to 

requests for regular part-time work from staff returning directly from maternity or parental/ 

adoption/fostering leave if the child is under school age or is under 18 years old and has a 

disability. 

19.8. Where a staff member and their manager are unable to agree on issues related to the 

introduction, extension, variation or cessation of part-time work arrangements, the issue should 

be referred to the next level of management for resolution. 

20. Business Related Travel 

20.1. Staff will be provided with reasonable standards of travel, accommodation, and meals, and will 

not be out of pocket for additional expenses which are required while travelling on official 

business on behalf of ASIC. Further information can be found in the ASIC Travel Policy. 

20.2. The current rate for meals and out of pocket business-related travel expenses is $95 where 

breakfast is not provided. This rate can be varied from time to time. 


SECTION B 


20.3. A staff member who is required to be absent from their usual place of work on official business 

for more than 10 hours but not overnight will be paid an allowance for meal and incidental 

expenses of $35. Further information can be found in the ASIC Travel Policy. 

20.4. Where a staff member transfers to a new locality for a period greater than 21 days, the 

provisions of the Transfer and Relocation Policy as varied from time to time will apply in relation 

to their travel entitlements. 

21. Motor Vehicle Allowance 

21.1. Where a manager considers that it will result in greater efficiency or involve less expense, they 

may authorise a staff member to use a private car owned or hired by the staff member at their 

own expense for official purposes. Where authorised, a staff member will be entitled to a motor 

vehicle allowance at the following rate: 

1-1600CC 63 cents per kilometre 



Further information can be found in ASIC’s Travel Policy. 

22. First Aid 

22.1. A staff member who has a current first aid certificate and who is designated to undertake first 

aid responsibilities within ASIC will be paid an allowance of $21.00 per fortnight . 

22.2. Further information can be found in ASIC’s Occupational Health and Safety Management 

Arrangements. 

23. Remote Localities Assistance 

23.1. Existing staff working in ASIC’s Darwin office as at 10/12/98 will retain their existing 

entitlements for remote localities assistance (including district allowance and airfare 

entitlements). These entitlements will not be available for new staff employed in this location, 

including on temporary transfer from other locations, after 10/12/98. 

24. Relocation Expenses 

24.1. ASIC will meet all reasonable costs arising from the relocation of a staff member and his or her 

household as the result of a reassignment of duties, engagement or promotion. Further 

information can be found in ASIC’s Transfer and Relocation Policy. 

25. Working away from the office 

25.1. Staff may work away from the office on a regular or temporary basis subject to agreement with 

their manager. The agreement may be terminated by either party with 2 weeks notice or a lesser 

period as agreed. Further information on working away from the office can be found in ASIC’s 

Working Hours and Flexible Working Arrangements Policy. 


SECTION B 


26. Employer’s Contribution of Superannuation 

26.1. ASIC will make compulsory employer contributions as required by the applicable legislation 

and fund requirements. 

26.2. Where a staff member has chosen an accumulation superannuation fund other than the PSS 

Accumulation Plan (PSSap), the employer contribution will be the same percentage of the 

fortnightly superannuation contribution salary as that required for staff members who are 

members of PSSap. This will not be reduced by any other contributions made through salary 

sacrifice arrangements. This clause does not apply where a superannuation fund cannot accept 

employer superannuation contributions (e.g. unable to accept contributions for people aged 

over 75). 

Note: At the time of commencement of this Agreement the rate of PSSap employer contribution 

is 15.4 percent. 

26.3. Employer superannuation contributions will not be paid on behalf of employees during periods 

of unpaid leave that does not count as service, unless otherwise required under legislation. 

26.4. The Chairman may choose to limit superannuation choice to complying superannuation funds 

that allow employee and/or employer contributions to be paid through fortnightly electronic 

funds transfer using a file generated by the Agency’s payroll system. 

27. Salary Sacrifice Arrangements 

27.1. Staff will be able to access salary sacrifice arrangements. Staff will not be able to use salary 

sacrifice arrangements to reduce their salary in order to be eligible for community benefits that 

they would not normally be entitled to or to avoid community obligations. Salary is in 

accordance with the salary rates at Attachment A for ASIC1-4 staff and Attachment B for 

Executive Level staff, and will be the salary for all purposes including superannuation. Further 

information can be found in ASIC’s Flexible Remuneration Packaging Policy. 

27.2. Any fringe benefits tax and administrative costs incurred as a result of remuneration packaging 

arrangements will be met by the staff member. 

28. Learning and Development Opportunities and the Study 

Assistance Scheme 

28.1. ASIC encourages staff to undertake formal study, and assistance is available for courses of study 

at tertiary and higher education institutions, and other vocational education courses, where the 

study is agreed as part of the staff member’s development plan. 

28.2. ASIC’s Study Assistance guidelines provide further information on the administration of the 

Study Assistance Scheme including financial assistance and time off work to travel to and attend 

classes, undertake examinations, or for other study purposes. 

28.3. Staff may also apply for leave for study purposes outside the Study Assistance Scheme. 

Such applications will be considered under the Other Leave provisions. 

28.4. ASIC shall provide reasonable access to, and funding for, credential building opportunities 

relevant to the role and function of ASIC and in accordance with relevant ASIC policy as varied 

from time to time. 


SECTION B 


29. Performance Management 

29.1. Further information on performance management can be found in ASIC’s Performance 

Management Framework. ASIC’s Performance Management Framework encourages a high 

performance culture in ASIC by: 

• aligning organisational objectives with the staff member’s performance individually and 

within teams (where appropriate); 

• providing opportunities for development; 

• encouraging effective communication between the manager and staff member; 

• providing opportunities for development; 

• recognising and rewarding high performance; 

• making salary decisions based on performance; and 

• managing underperformance. 

29.2. The Performance Management Framework is applied across ASIC and includes: 

• agreement of responsibilities and expected standards of performance including personal 

and interpersonal skills consistent with Work Level Descriptors; 

• continuous performance feedback; 

• personal development discussions and planning that facilitate career planning; and 

• performance review and appraisal. A rating scale will be used to assess performance which 

includes the following ratings – Outstanding, Exceeding, Achieving , Improvement Required 

and Unsatisfactory. 

29.3. All managers and staff are required to participate in the Performance Management Framework. 

29.4. Performance and development discussions occur between the manager and staff member or 

team regularly throughout the year. Early feedback should be provided where performance does 

not meet expectations. 

29.5. Staff may provide upward feedback to inform the assessment of, and provide feedback to, staff 

who have supervisory responsibilities. 

29.6. Salary advancement and rewards other than pay will be determined on the basis of the staff 

member’s performance rating established by an assessment of performance against the staff 

member’s performance agreement. The agreement is based on an agreement between the staff 

member and their manager of responsibilities and expected standards of performance and is 

consistent with Work Level Descriptors. 

29.7. The Performance Management Framework may be reviewed as required. Any changes to policy 

or guidelines including changes to the rating scale, advancement arrangements, and the 

underperformance process will involve NCC consultation. 

29.8. During the life of this agreement new processes will be implemented to improve the consistency 

and equitable application of performance management ratings including further support and 

education for managers. 


SECTION B 


30. Managing Underperformance 

30.1. Managing performance which is assessed as being not at an acceptable level i.e. a performance 

rating of Unsatisfactory will be based on the following principles: 

• performance will be assessed through the Performance Management Framework; 

• procedural fairness principles will apply; 

• the staff member will be given assistance and the opportunity to improve their performance 

to an acceptable level. 

30.2. Where a manager or supervisor has assessed a staff member’s performance against their 

performance agreement and at any point during the performance management cycle formed 

the view that a staff member’s work performance is not to an acceptable standard i.e. a 

performance rating of Unsatisfactory or in accordance with clause 30.3, the manager will: 

• advise the staff member in writing providing reasons and consequences if their performance 

does not improve; 

• give the staff member an opportunity to respond; and 

• manage the performance through an assessment process as outlined in the Performance 

Management Framework. 

30.3. Where a staff member’s performance is assessed as Improvement Required at any point 

including at the conclusion of the performance management cycle, the staff member will be 

required to undertake further development in consultation with their manager or supervisor. 

This will be based on the following principles: 

• performance will be assessed through the Performance Management Framework; 

• The staff member will be given assistance and the opportunity to improve their performance. 

A staff member who receives a rating of Improvement Required at two consecutive annual 

performance management ratings, will automatically be subject to the provisions contained in 

clauses 30.1 and 30.2 unless the role or responsibilities of the role have substantially changed. 

30.4. Where a staff member’s performance is assessed as either Improvement Required or 

Unsatisfactory at the conclusion of the performance management cycle, the staff member will 

not be eligible for salary advancement until the performance is appraised at the Achieving level 

or higher. Further detail is available in the Remuneration Policy. 

30.5. If at the end of the assessment period, the staff member’s performance is assessed as being not 

at an acceptable standard, the Chairman may issue a notice of intention to: 

• allocate reasonable alternate duties (if available) to the staff member; 

• reduce the staff member’s work level, if this is practicable and work is available at a lower 

level; or 

• terminate the staff member’s employment. 


SECTION B 


30.6. The staff member will have 7 days to show cause why this action should not be taken. 

The Chairman has the discretion to extend this period in special circumstances. 

30.7. A staff member has (subject to eligibility requirements) a range of rights under the Fair Work Act 

2009 and the Public Service Act 1999 in relation to discipline and dismissal including, a right to 

bring unfair dismissal action subject to meeting the requirements of the Fair Work Act. It is not 

intended that this clause supplement, modify or exclude those rights (which apply by operation 

of statute) or be enforceable in its own right. 

31. Workforce Adjustment 

31.1. The following redeployment and redundancy provisions will only apply to ongoing staff 

not on probation. 

Excess Staff 

31.2. A staff member is excess to the requirements of ASIC if: 

• he or she is employed substantively at a level, in a role and at a location where there is a 

greater number of staff than is necessary for the efficient and economical working of ASIC; 

or 

• the duties of the staff member are to be performed at a different locality and the staff 

member is not willing to perform duties at that locality and the Chairman has determined 

that the excess staff provisions of this Agreement apply; or 

• the services of the staff member can no longer be effectively used because of technological 

or other changes in work methods of ASIC or structural or other changes in the nature, 

extent or organisation of functions of ASIC. 

Consultation Arrangements 

31.3. When the Chairman becomes aware that a staff member is likely to become excess to 

requirements the Chairman or their nominee will advise the staff member and, where they 

choose, their representative, of the situation and have discussions with the staff member 

to determine any measures that can be taken to resolve this situation. These discussions 

will include: 

• redeployment opportunities for the staff member concerned within ASIC either at or below 

their substantive level, and 

• retrenchment. 

31.4. The Chairman may, before the conclusion of these discussions, invite other staff who are not 

potentially excess to express interest in retrenchment, where those retrenchments would permit 

the redeployment of staff who would otherwise be excess. 

Redeployment 

31.5. Where the staff member indicates they wish to examine options for redeployment, ASIC will 

assist the staff member to find alternate employment within ASIC or other APS agencies from 

the day discussions under clause 31.3 commence for a period of generally no more than 

2 months. 


SECTION B 


31.6. This assistance will include: 

• assistance and support of a People and Development staff member; 

• advice of vacancies within ASIC and within relevant portfolio agencies in the location; 

• support in relevant appropriate trial placements; and 

• where appropriate outplacement services including APS career transition services. 

31.7. The staff member may be granted assistance for reasonable time off to seek alternative employment. 

31.8. Where during the redeployment period referred to in clause 31.5, the Chairman considers there is 

insufficient productive work available for the excess staff member at their actual level, the Chairman 

may redeploy the excess staff member to a position at a lower level, which the staff member is 

qualified and capable of performing with salary maintenance for the balance of the support period. 

Information for Staff 

31.9. A staff member will be given information on the day they are advised they may become excess 

to requirements: 

• the amount of severance benefit, or the amount in lieu of support period, pay in lieu of 

notice and paid up leave credits the staff member is entitled to receive; and 

• the taxation rules applying to the various payments the staff member is entitled to receive. 

31.10. The staff member will also be advised to contact their superannuation scheme to receive 

information in relation to 

• the amount of accumulated superannuation contributions; and 

• the options open to the staff member concerning superannuation. 

Accelerated Separation 

31.11. If a staff member requests to be retrenched and ASIC declares them excess to requirements and 

their employment is terminated by the Chairman under section 29 of the Public Service Act 1999 

within 14 days of the commencement of discussions under 31.3, they will be eligible for an 

additional 6 weeks’ severance benefit calculated in accordance with clause 31.25. 

Staff Declared Excess 

31.12. At the completion of the discussions referred to in clause 31.3 or at the end of 1 month after the 

commencement of those discussions, whichever is the earlier, the Chairman will declare the staff 

member excess to requirements unless they have been redeployed to another position within 

ASIC or the APS or have already been voluntarily retired. 

31.13. A staff member who has been declared excess, is also entitled to reimbursement for financial 

and/or career counselling, to a maximum of $350 in total. A claim for reimbursement may be 

made up to 3 months following the staff member being declared excess. 

Voluntary Redundancy 

31.14. A staff member will be offered voluntary redundancy (VR) on the day they are declared excess 

(if they have not already been offered VR). The staff member will then have up to 1 month to 

consider and accept or reject the offer of VR. The staff member may accept or reject the offer at 

any time within this 1 month period. 


SECTION B 


31.15. The Chairman may give notice in writing of termination of employment under section 29 of the 

Public Service Act 1999 at any time after the offer has been accepted and will do so generally 

within 2 days of the acceptance of the offer. 

31.16. A staff member who does not accept or decline the offer of VR within 1 month of the offer 

being made will be deemed to have declined the offer. 

Severance Benefit 

31.17. A staff member who agrees to be voluntarily retrenched and whose employment is terminated under 

section 29 of the Public Service Act 1999 on the grounds that they are excess to the requirements of 

ASIC is entitled to be paid redundancy pay of a sum equal to 2 week’s salary for each completed 

year of continuous service plus a pro rata payment for completed months of service since the last 

completed year of service, subject to any minimum amount the staff member is entitled to under 

the National Employment Standards. The maximum payment is 48 weeks. Where the staff member 

has less than 24 years full time service this benefit will be calculated on a pro rata basis for any 

period where the staff member has worked part-time during their eligible service. 

31.18. Subject to the following sub-clauses, eligible service for this benefit means: 

• continuous service in ASIC; 

• continuous government service in the Australian Defence Force or as defined in section 10 of 

the Long Service Leave (Commonwealth Employees) Act 1976; 

• APS service immediately preceding deemed resignation under repealed provisions 

proscribing the employment of married women, if the service has not previously been 

recognised for severance pay purposes; and 

• service in another organisation where the staff member was transferred from the APS to an 

organisation with a transfer of function, or the staff member was engaged by an organisation 

on work within a function which was transferred to the APS, and such service is recognised 

for long service leave purposes. 

31.19. For earlier periods of service to count, there must be no breaks between the periods of service 

except where the break in service is: 

• less than one month; and 

• occurred where an offer of employment with the new employer was made and accepted by 

the staff member before ceasing employment with the preceding employer. 

31.20. Prior service, which would otherwise be eligible service, will not be eligible service if it was 

terminated by way of: 

• voluntary or involuntary retrenchment; 

• retirement with the payment of an employer-financed retirement benefit; 

• retirement or dismissal on grounds of invalidity, inefficiency, loss of qualifications or misconduct; 

• termination of probationary employment for any reason; 

• forfeiture of office; or 

• resignation from any employment under the Public Service Act 1999 with the payment of 

employee superannuation contributions. 


SECTION B 


31.21. Absences from work which do not count as service for any purpose will not count as service for 

this benefit. 

Involuntary Redundancy 

31.22. At any time after the end of two months from the date of commencement of discussions under 

clause 31.3, (or earlier, where the staff member agrees) if the staff member has not been 

redeployed to another position within ASIC or the APS, or their employment with ASIC has not 

already ceased, the Chairman may terminate under section 29 of the Public Service Act 1999 the 

employment of the excess staff member involuntarily and pay as a lump sum in lieu of notice the 

salary that the staff member would have been paid for the balance of the support period. The 

support period will be reduced by the number of weeks redundancy pay that the staff member is 

entitled to under the National Employment Standards. In effect, the National Employment Standards 

payment takes the place of the equivalent period of the support period or payment in lieu. 

Support Period 

31.23. The support period will be: 

• 13 months where the staff member has 20 or more years of continuous service or is over 

forty-five years of age and has at least 5 years continuous service; or 

• 7 months for other staff 

from the date the staff member is declared excess. The support period will be reduced by the 

number of weeks redundancy pay that the staff member is entitled to under the National 

Employment Standards. 

Period of notice 

31.24. When an excess staff member is voluntarily retrenched, the staff member will be given notice of 

four weeks (or 5 weeks for staff over 45 years with at least 5 years of continuous service). Where 

ASIC directs, or the staff member requests, the staff member’s employment may be terminated 

at any time within the period of notice. In that case, the staff member will therefore be entitled 

to receive payment in lieu of salary for the unexpired portion of the notice period. 

Salary 

31.25. For the purpose of calculation of entitlements under sub clauses 31.11, 31.17 and 31.22 salary 

will include: 

• the staff member’s substantive salary; or 

• the salary of the higher level, where the staff member has been acting at the higher level for 

a continuous period of at least 12 months immediately preceding the date on which the staff 

member is given notice of termination of employment. 

31.26. Salary for the purposes of this clause includes allowances in the nature of salary which are paid 

on a regular basis and during periods of annual leave, but excludes allowances which are a 

reimbursement for expenses incurred, or a payment for disabilities associated with the 

performance of duty. 

32. Managing alleged breaches of the Code of Conduct 

32.1. Alleged breaches of the Code of Conduct in ASIC will be dealt with under the relevant 

provisions of the Public Service Act 1999. 


SECTION B 


32.2. ASIC will maintain appropriate procedures for investigating alleged breaches of the Code of 

Conduct and for dealing with Whistleblowing disclosures, as required by the Public Service Act 

1999, the Public Service Regulations 1999 and the Public Service Commissioner’s Directions. 

33. Misconduct 

33.1. In the case of serious misconduct, including any breach of the Australian Public Service Code of 

Conduct by the staff member, ASIC may terminate a staff member’s employment with 

immediate effect. 

33.2. This clause does not apply to staff employed for irregular or intermittent duties or on nonongoing 

contracts of 1 month or less. 

34. Review of decisions including to terminate employment 

34.1. Subject to clause 34.2, where the right of review provided by section 33 of the Public Service Act 

1999 and Part 5 of the Public Service Regulations is exercised, and does not fail for want of 

jurisdiction, the staff member will have no right of review with respect to that matter under the 

dispute resolution proceedings in the Agreement, unless ASIC does not comply with 

recommendations made by the Merit Protection and Review Agency. 

34.2. The sole and exhaustive rights and remedies of a staff member in relation to termination of 

employment are those under Part 3-2 of the Fair Work Act 2009, other Commonwealth laws 

and at common law. 

34.3. Termination of, or a decision to terminate employment, cannot be reviewed under the Dispute 

Avoidance and Resolution Procedures specified in clause 39 of this Agreement. 

35. Individual flexibility arrangements 

35.1. The Chairman and staff member covered by this enterprise agreement may agree to make an 

individual flexibility arrangement to vary the effect of terms of the agreement if: 

(a) the agreement deals with one or more of the following matters: 

(i) arrangements about when work is performed; 

(ii) overtime rates; 

(iii) penalty rates; 

(iv) allowances; 

(v) remuneration; and/or 

(vi) leave; and 

(b) the arrangement meets the genuine needs of the Agency and staff member in relation to 

1 or more of the matters mentioned in paragraph (a); and 

(c) the arrangement is genuinely agreed to by the Chairman and staff member. 

35.2. The Chairman must ensure that the terms of the individual flexibility arrangement: 

(a) are about permitted matters under section 172 of the Fair Work Act 2009; and 

(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and 


SECTION B 


(c) result in the staff member being better off overall than the staff member would be if no 

arrangement was made. 

35.3. The Chairman must ensure that the individual flexibility arrangement: 

(a) is in writing; and 

(b) includes the name of the employer and staff member; and 

(c) is signed by the Chairman and staff member and if the staff member is under 18 years of 

age, signed by a parent or guardian of the staff member; and 

(d) includes details of: 

(i) the terms of the enterprise agreement that will be varied by the arrangement; and 

(ii) how the arrangement will vary the effect of the terms; and 

(iii) how the staff member will be better off overall in relation to the terms and conditions of 

his or her employment as a result of the arrangement; and 

(e) states the day on which the arrangement commences, and where applicable, when the 

arrangement ceases. 

35.4. The Chairman must give the staff member a copy of the individual flexibility arrangement within 

14 days after it is agreed to. 

35.5. The Chairman or staff member may terminate the individual flexibility arrangement: 

(a) by giving no more than 28 days written notice to the other party to the arrangement; or 

(b) if the Chairman and staff member agree in writing – at any time. 

36. Consultation 

36.1. This clause applies where a decision is made to introduce major changes in a work area that are 

likely to have significant effects on employees, other than where provision is already made 

elsewhere in this enterprise agreement regarding a specific major change. 

36.2. Where a definite decision is made to introduce major changes in program, organisation, 

structure or technology that are likely to have significant effects on employees, the Agency Head 

must notify the staff members who are likely to be affected by the proposed changes and their 

representatives, if any. 

Significant effects include: 

a) termination of employment; 

b) major changes in the composition, operation or size of the Agency’s workforce or in the 

skills required; 

c) the elimination or diminution of job opportunities, promotion opportunities or job tenure; 


SECTION B 


d) significant alteration in hours of work; 

e) the need to retrain staff members; 

f) the need to relocate staff members to another workplace; and 

g) the major restructuring of jobs. 

Agency Head to discuss major changes 

36.3. The Chairman must discuss with the staff members affected and their representatives, if any, 

the introduction of the changes referred to in clause 36.2, the effects the changes are likely to 

have on staff members and measures to avert or mitigate the adverse effects of such changes 

on staff members and must give prompt consideration to matters raised by the staff members 

and/or their representatives in relation to the changes. 

36.4. The discussions must commence as early as practicable after a definite decision has been made 

to make the changes referred to in clause 36.2. 

36.5. For the purposes of such discussion, the staff members concerned and their representatives, if 

any, are to be provided in writing all relevant information about the changes including the 

nature of the changes proposed, the expected effects of the changes on staff members and any 

other matters likely to affect staff members. The Chairman is not required to disclose 

confidential or commercially sensitive information to the employees. 

37. National Consultative Committee 

37.1. ASIC is committed to communicating and consulting with staff on workplace matters and will 

maintain the National Consultative Committee (NCC) chaired by the Chairman or his or her 

representative, and comprising representatives of: 

• staff and, their representatives; and 

• Commission. 

37.2. The NCC will have the primary responsibility for monitoring the implementation of this 

Agreement with respect to staff covered by this agreement. 

37.3. ASIC makes a commitment to convene a meeting of the NCC within 6 months of the 

commencement of this Agreement. 

37.4. The NCC will maintain agreed Terms of Reference and a protocol. Further information can be 

found in the NCC Terms of Reference. As required, from time to time, any changes to the Terms 

of Reference will be consulted and agreed at the NCC. 

37.5. Staff may raise issues for discussion at the NCC through any representative who attends the NCC. 

37.6. ASIC will provide staff representatives with reasonable facilities to undertake their consultative 

and representative duties. Further information can be found in the NCC Terms of Reference. 


SECTION B 


38. Staff Support and Representation 

38.1. To the extent permitted by the Fair Work Act 2009, ASIC recognises the role of the union as a 

staff representative for its members. 

38.2. Staff may be assisted, accompanied and represented by another person, including a staff 

representative, in the workplace and in processes relating to a review of actions, unsatisfactory 

performance, excess status, alleged breach of the Code of Conduct or in the dispute avoidance 

and settlement procedures outlined below. 

38.3. Staff will inform their immediate manager and/or relevant level of management prior to any 

discussions where they choose to be represented. 

38.4. ASIC recognises the rights of workplace delegates expressed in the Union Delegates Rights and 

Responsibilities within the ASIC Workplace Protocols agreed with the CPSU. 

39. Resolution of Agreement Disputes 

39.1. If a dispute relates to a matter under this Agreement, or the NES, the parties to the dispute must 

first attempt to resolve the matter at the workplace level by discussions between the staff 

member or staff members concerned and the relevant supervisor/manager. 

39.2. If a resolution to the dispute has not been achieved after discussions have been held in 

accordance with clause 39.1, the parties to the dispute will endeavour to resolve the dispute in a 

timely manner either through discussions with more senior levels of management where 

appropriate or through alternative dispute resolution methods. 

39.3. If discussions at the workplace level do not resolve the dispute, and all appropriate steps have 

been taken in accordance with clauses 39.1 and 39.2, a party to the dispute may refer the matter 

to Fair Work Australia. 

39.4. Fair Work Australia may deal with the dispute in 2 stages: 

a. Fair Work Australia will first attempt to resolve the dispute as it considers appropriate, 

including by mediation, conciliation, expressing an opinion or making a recommendation; 

and 

b. if Fair Work Australia is unable to resolve the dispute at the first stage, Fair Work Australia 

may then: 

i. arbitrate the dispute; and 

ii. make a determination that is binding on the parties. 

Note: If Fair Work Australia arbitrates the dispute, it may also use the powers that are available to 

it under the Act. 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. 

39.5. The agency or a staff member who is a party to the dispute may appoint another person, 

organisation or association to accompany and/or represent them for the purposes of this term. 

39.6. 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. 


SECTION B 


39.7. While the parties are trying to resolve the dispute using the procedures in this term: 

a. A staff member 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; and 

b. A staff member must comply with a direction given by the Agency Head to perform other 

available work at the same workplace, or at another workplace, unless: 

i. the work is not safe; or 

ii. applicable occupational health and safety legislation would not permit the work to be 

performed; or 

iii. the work is not appropriate for the staff member to perform; or 

iv. there are other reasonable grounds for the staff member to refuse to comply with 

the direction. 

39.8. The parties to the dispute agree to be bound by a decision made by Fair Work Australia in 

accordance with this term. 


Section C 

Terms and 

conditions for 

ASIC1-4 staff 


SECTION C 

TERMS AND CONDITIONS FOR ASIC1-4 STAFF 

40. Remuneration 

40.1. This Agreement provides for a 9% increase over the life of the Agreement as follows: 

3 % on commencement of the Agreement; 

3% on 1 July 2012; and 

3% on 1 July 2013. 

40.2. The new salary rates for ASIC 1-4 staff are detailed in Attachment A. 

40.3. The salaries for ASIC 4 staff who transitioned from an Australian Workplace Agreement (AWA) 

to the ASIC 1- 4 Level Enterprise Agreement 2009 - 2011 salaries also appear in Attachment A. 

These salary rates are only available for staff who transitioned from an AWA while they remain 

at the ASIC4 level. For the avoidance of doubt, no other staff can access these salary rates. 

41. Salary 

Salary on commencement 

41.1. When a person becomes a staff member, salary will generally be paid at the minimum point of 

the salary scale applicable to the classification of the job. However, the Chairman may authorise 

payment of salary above the minimum point based on factors including the experience, 

qualifications and skills of the new staff member. 

41.2. At the discretion of the Chairman, a person moving to ASIC whose nominal salary in their 

previous agency exceeds the current maximum of the relevant classification level in this 

Agreement, will be maintained on their current salary until such time as their salary is absorbed 

by ASIC pay increases. 

Salary Advancement 

41.3. Salary advancement within classification levels will occur on the basis of a performance rating of 

at least Achieving. Further information can be found in ASIC’s Performance Management 

Framework. Identified advancement points for each classification level are noted in the salary 

scale at Attachment A. 

2% Supplementation Payment 

41.4. Staff at the top salary point of a classification range or at the salary point before a soft barrier 

who are unable to move through the soft barrier (soft barriers are explained in the 

Remuneration Policy) will be eligible for a 2% supplementation payment if at the end of the 

performance management cycle they receive a rating of Exceeding or Outstanding. This 

payment is a one off payment at the end of each performance cycle, which will not increase 

base salary and will not count as salary for any purpose. This payment will not be available for 

ASIC4 staff who are eligible to receive a bonus. 

Salary on Reduction 

41.5. Where a staff member elects to be assigned duties at a lower level, the Chairman may 

determine that the staff member will be paid a rate of salary applicable to the lower level. 

The Chairman may also reduce salary in accordance with the provisions of the Public Service Act 

1999, or as specified in this Agreement. 


SECTION C 


Salary on Promotion 

41.6. Where a staff member is promoted, salary will generally be payable at the minimum point of the 

salary range applicable to the higher work value level. However, the Chairman may authorise 

payment of salary on promotion above the minimum point in the salary range applicable to the 

work value level of the job based on factors including the experience, qualifications and skills of 

the staff member. 

Junior rates 

41.7. Junior rates of pay at the ASIC 1 level will be calculated as a percentage of the equivalent adult 

rate of pay as follows: 

Under 18 years 60% 

at 18 years 70% 



Temporary work at a higher level (higher duties) 

41.8. Staff required to undertake work at a higher level for a continuous period of more than ten 

working days will be paid at the higher level, including periods of authorised leave where the 

higher duties would have otherwise continued. Work performed at a higher level for ten 

working days or less will be considered as part of the annual performance assessment and 

higher duties allowance will not be paid. Periods of work at higher levels will be recognised if 

staff revert to a lower level. 

41.9. Salary levels for temporary work at the Executive Level 1 and 2 levels are included in Attachment 

B. ASIC1-4 staff who are required to undertake higher duties in an Executive Level position for a 

continuous period of more than ten working days will be paid at the higher level, including 

periods of authorised leave where the higher duties would have otherwise continued. 

42. Bonuses for ASIC 4 staff 

42.1. ASIC 4 staff are eligible to receive a performance bonus for the performance cycles that 

commence following the commencement of this agreement, starting with the 2011-2012 

performance cycle. 

42.2. ASIC4 staff will be paid an annual bonus payment based on the staff member’s 

performance rating. 

42.3. Bonus payments will be as follows: 

Achieving – 3% 

Exceeding – 6% 

Outstanding – 9 to 15% 

42.4. Bonuses are calculated based on hours worked (if less than full-time) and salary paid. A pro rata 

bonus will be payable where a staff member works less than the full year in a performance cycle. 

No bonus is payable for periods of less than 3 months in a performance cycle or where a staff 

member has not completed their probationary period. A staff member who acts on a higher 

duties basis at the ASIC 4 level for a period of at least 3 months may be eligible for a bonus for 

the period of higher duties. 


SECTION C 


42.5. Further information can be found in the Remuneration Policy. 

43. Rewards other than pay 

43.1. ASIC will recognise and reward high performance as assessed through the Performance 

Management Framework in ways other than salary increases. These rewards include additional 

development opportunities, attendance at conferences or other professional gatherings, 

secondments or other opportunities for career development. Further information can be found 

in the Performance Management Framework. 

44. Hours of Work 

44.1. Standard hours of work for full-time staff are 150 hours over a four week settlement period 

(37.5 hours per week). A standard working day is 8.30 am - 12.30 pm and 1.30 pm - 5.00 pm 

(7 hours 30 minutes), Monday to Friday. For part-time staff, a standard day is that agreed in their 

part-time work agreement. 

44.2. All staff members will agree their pattern of attendance in writing with their manager 

or supervisor. 

44.3. Operational requirements will be the major consideration in determining the pattern of hours. 

Other considerations include: 

• personal needs of the staff member; 

• impact on service delivery; and 

• impact on other staff. 

44.4. The pattern of hours that must be worked, and any variation to them, is a matter for agreement 

between managers and staff. However, staff should not work for more than: 

• 10 hours ordinary time on any day; or 

• 5 consecutive hours without a meal break of at least 30 minutes. 

44.5. Where no agreement can be reached on a pattern of attendance, or where attendance is 

unsatisfactory, staff will be required to work a standard working day. 

44.6. The Chairman can direct that where a staff member is absent from duty without authorisation 

or not in accordance with this Agreement, the period of absence does not count as service for 

any purpose. All pay and other benefits, eg flextime credits, will cease to be available until the 

staff member resumes duty or is granted leave. When all flextime credits have been used the 

staff member will revert to standard hours as defined in clause 44.1. 

44.7. Consideration shall be given to whether the absence was reasonable under the circumstances, 

the extent of the absence and any other relevant factor. 

45. Bandwidth 

45.1. The bandwidth is between the hours of 7.00 am and 7.00 pm Monday to Friday. 

45.2. Where a staff member requests to work outside this span of hours – eg, on a Saturday, Sunday, 

or on a public holiday - they may do so with the agreement of their manager. The key 

consideration will be operational requirements. Any hours worked on this basis will be treated as 

ordinary hours and will not attract overtime rates. 


SECTION C 


46. Flextime 

46.1. Staff at ASIC 1 to 4 classification levels may access flextime arrangements under this Agreement. 

Further information on flextime can be found in ASIC’s Working Hours and Flexible Working 

Arrangements Policy. 

46.2. ASIC 1-4 staff acting at the Executive levels do not have access to the flextime system in keeping 

with the more professional nature of their employment, however, they may agree on flexible 

working arrangements with their manager. 

46.3. Patterns of attendance and record keeping arrangements for flextime can be found in ASIC’s 

Working Hours and Flexible Working Arrangements Policy. 

46.4. The bandwidth for flextime is between the hours of 7.00 am and 7.00 pm Monday to Friday. 

This is the normal span of hours during which staff may work their ordinary hours subject to the 

agreement of their manager in relation to their agreed pattern of attendance. 

46.5. A settlement period is 4 weeks. A settlement period commences at the beginning of a pay 

period i.e. on a Thursday and finishes on a Wednesday at the completion of a pay period. 

46.6. Staff may with the agreement of their manager vary their agreed pattern of attendance and 

work additional hours in a settlement period and carry over up to a maximum of 1 week of 

flextime credit or a flextime debit to a maximum of 10 hours at the end of the settlement period. 

A flex debit of greater than 10 hours must be reduced either by leave without pay or by using 

recreation leave. 

47. Irregular and Intermittent Employment 

47.1. Staff employed under the Public Service Act 1999 on an irregular and intermittent basis (ie a 

casual basis) will receive a loading of 20% to their hourly rate in lieu of public holidays and all 

leave entitlements included in this Agreement excluding long service leave. 

47.2. Provisions in this Agreement in relation to flextime, notice periods and redundancy do not apply 

to staff who are employed on an irregular and intermittent basis. 

48. Overtime 

48.1. Overtime is only payable for staff at ASIC 1 to 4 classification levels. 

48.2. Overtime is only payable for work performed at the direction of a manager or supervisor in 

addition to the staff member’s standard day of work. Overtime is payable for work in excess of 

7 hours 30 minutes or where a staff member’s normal regular hours are other than 7 hours 

30 minutes, after the completion of the staff member’s regular hours or outside the bandwidth. 

The 7 hours and 30 minutes does not include meal breaks. The direction to work overtime is to 

meet operational requirements and business needs. 

48.3. Staff working authorised additional hours who have a flex debit, may elect to reduce their flex 

debit by these additional hours actually worked instead of receiving an overtime payment. These 

debits are to be reduced by the period of additional hours worked at normal time. 

48.4. All staff working authorised additional hours who do not have a flex debit have, with the 

agreement of their supervisor, the option to record the extra hours as part of their normal 

attendance calculated at the applicable hourly overtime rate. These hours may be taken in 

accordance with flextime arrangements. 


SECTION C 


48.5. Overtime will be paid at time and a half of the hourly rate for all overtime worked from Monday 

to Saturday, double time of the hourly rate on Sundays and double time and a half on Public 

Holidays except as provided for at sub-clause 48.6. 

48.6. Where authorised additional hours are worked on a public holiday which falls on a week day, 

the rate is double time and a half. For duty within the standard day, overtime is calculated at 

time and a half in addition to a standard days payment for the public holiday. 

48.7. An overtime meal allowance of $25.80 will be payable for work performed before and after a 

meal period. This will be adjusted annually as per current or by an agreed alternative method. 

48.8. A staff member who has been working overtime will not commence a subsequent period of 

work until such time as they have had a break of at least 8 hours plus reasonable travel time. 

49. Restriction Duty 

49.1. Where the Chairman directs a staff member to be contactable and available to perform duty 

outside of their normal hours of duty, the staff member will be paid an allowance calculated on 

the basis of their actual salary at the rate of: 

• 7.5% of their hourly rate for each hour restricted from Monday to Friday; 

• 10% of their hourly rate for each hour restricted on Saturday and Sunday; 

• 15% of their hourly rate for each hour restricted on public holidays. 

49.2. Where during such period the staff member is recalled to duty at a place of work, payment in 

accordance with the relevant overtime provisions will be made subject to a 2 hour minimum 

payment. Payment will include reasonable travel time. 

50. Shiftwork 

50.1. Shiftwork arrangements, including periods of notice, will be agreed with staff required to work 

outside the bandwidth. 

50.2. Staff required to work outside the bandwidth for an ongoing or fixed period will be paid a 

loading of 15% additional to their ordinary hourly rate of pay for the period of the shift. Staff 

required to work shifts on a Saturday, Sunday or public holiday, or shifts which include duty 

wholly between 6.00 pm and 8.00 am for a continuous period of 4 weeks or more, will be paid 

a loading of 30% for the period of the shift. 

50.3. Where staff are directed to work additional hours at the conclusion of their shift, the overtime 

rules as set out at clause 48 will apply. 

50.4. If ASIC seeks to introduce additional, shift arrangements in the nominal term of this Agreement, 

ASIC will consult with effected staff, the NCC and the CPSU in relation to these arrangements 

and the penalty rates that will apply. 


SECTION C 


51. Personal Leave 

51.1. ASIC1-4 staff employed on a non-ongoing basis will be entitled to access personal leave on 

a pro rata basis as it accrues each fortnight. Personal leave will accrue at the rate of 18 days 

per year. 

51.2. Staff who rejoin ASIC after a break in service of not more than 6 months will have their previous 

unused Personal Leave credit reinstated less any leave taken and this credit may be used for 

subsequent Personal Leave. 

52. Business Related Travel 

52.1. When a staff member at ASIC level 3 or below is required to travel to a location other than their 

usual work location, the staff member may be given time off in lieu to a maximum of 5 hours to 

compensate for the additional travelling time. 

53. Notice Periods 

53.1. An ongoing staff member may resign from ASIC and a non-ongoing staff member may 

terminate their employment with ASIC by giving their Senior Executive Leader 14 days notice. 

53.2. If the required notice of 14 days is not given, an amount in lieu of the notice period not worked 

may be deducted from any final monies owing. 

53.3. The Chairman has the discretion to agree to a shorter period of notice or waive the requirement 

to give notice. 

53.4. Where a contract is to be extended, ASIC will provide non-ongoing staff with as much notice 

as is practicable. 

53.5. ASIC may terminate the employment of a staff member on giving the following periods 

of notice (or payment in lieu thereof): 

LENGTH OF SERVICE STAFF MEMBER UNDER 

45 YEARS OF AGE 

0 - 1 YEAR 1 week 1 week 

MORE THAN 1 YEAR BUT 

LESS THAN 2 YEARS 

AT LEAST 2 YEARS BUT 

NOT MORE THAN 3 YEARS 

MORE THAN 3 YEARS BUT 

NOT MORE THAN 5 YEARS 

2 weeks 2 weeks 



MORE THAN 5 YEARS 4 weeks 5 weeks 

STAFF MEMBER 

45 YEARS OLD OR MORE 


Section D 

Terms and 

conditions 

for Executive 

Level staff 


SECTION D 

TERMS AND CONDITIONS FOR EXECUTIVE LEVEL STAFF 

54. Employee Duties 

54.1. Each staff member shall perform and undertake, with due care and diligence, the key roles and 

responsibilities specified by ASIC and consistent with the Position Description and the staff 

member’s Performance Agreement. 

54.2. Duties will be at the Executive 1 or 2 level and will be consistent with ASIC’s Work Level 

Descriptors. 

54.3. Each staff member must be committed to maximising productivity improvements and 

implementing the key strategies, priorities and values set out in ASIC’s business plans, and be 

flexible in meeting reasonable workplace requirements. 

55. Hours of Duty 

55.1. The ordinary hours of work for a full-time staff member at this level are 7 hours 30 minutes 

per day within a bandwidth of 7.00 am to 7.00 pm with the standard day being 8.30 am to 

12.30 pm and 1.30 pm to 5.00 pm Monday to Friday. 

55.2. Executive Level staff members covered by this agreement may agree flexible working 

arrangements including variations in attendance times with their manager which take into 

account operational requirements and personal commitments. 

55.3. ASIC acknowledges that, from time to time, and consistent with their seniority, experience and 

flexible working arrangements, Executive Level staff members may be reasonably requested to 

work longer than the ordinary hours specified in this clause to meet extraordinary deadlines or 

special operational requirements. ASIC believes it is important that these efforts are recognised. 

This means managers can agree variations in attendance times, part and full day absences 

without the need for a leave application. Further information can be found in the Working 

Hours and Flexible Working Arrangements Policy. 

55.4. Reasonable time off is not on an hour for hour basis but is intended to provide Executive Level 

staff members with fair and reasonable access to flexible arrangements including time-off. 

55.5. Staff members covered by this agreement should not commence work on any day without 

having at least 8 hours plus reasonable travel time minimum break from the previous 

day’s work. 


SECTION D 


56. Remuneration 

56.1. Salary 

56.1.1. A staff member shall be entitled to an annual salary in accordance with Attachment B of this 

Agreement. Salary will be paid fortnightly in arrears directly to a bank account nominated by the 

staff member. On commencement in a classification, a staff member will generally be placed at 

the minimum point of the salary range. The Chairman may authorise payment of salary above 

the minimum point in the salary range. 

56.2. Salary Increases and Review 

56.2.1. This Agreement provides for a 9% increase over the life of the Agreement as follows: 

• 3 % on commencement of the agreement; 

• 3% on 1 July 2012; and 

• 3% on 1 July 2013. 

56.2.2. Consistent with ASIC’s Remuneration Policy and the criteria included in the policy, the annual 

salary will be increased based on a performance rating of Achieving and where all key objectives 

are met as outlined in the ASIC Performance Management Framework or as a result of 

significant changes in job size or responsibilities. 

56.2.3. At Executive Level 1 and Executive Level 2, progression through the soft barriers will require an 

Exceeding or higher rating and the availability of work at the higher level. The soft barriers are 

included in Attachment B. Generally, for movement above step 5 of the Executive Level 2 salary 

range, a rating of Outstanding will be required. 

56.2.4. Salary advancement for Senior Managers and Senior Specialists will be consistent with the 

Senior Manager and Senior Specialists Framework included in the Remuneration Policy. 

56.2.5. All salary reviews will be in accordance with the ASIC Remuneration Policy. 

56.3. Bonuses for Executive Level staff 

56.3.1. An annual bonus may be paid to staff members based on the performance rating. Bonus 

payments will be made in accordance with ASIC’s Remuneration Policy and are based on the 

staff member’s salary and paid as follows: 

RATING BONUS 

ACHIEVING 3% - 5% Bonus 

EXCEEDING 6% - 10% Bonus 

OUTSTANDING 11% - 15% Bonus 

56.3.2. If a staff member’s performance is rated below this, they will not be entitled to any bonus. 


SECTION D 


56.3.3. For a staff member who did not work full-time for the whole of the performance management 

cycle, bonuses are calculated on a pro rata basis for hours of duty during the performance 

management cycle. 

56.3.4. The bonus will be calculated taking account of salary changes, including periods of paid higher 

duties throughout the performance management cycle, on a pro rata basis. 

56.3.5. Bonuses will be paid where a staff member has a performance agreement in place, has been 

rated by their manager and has completed 3 months in the performance cycle. In addition, new 

staff members must have successfully completed their probationary period, to be eligible for 

payment of a performance bonus. 

56.3.6. The bonus payment is taxable but will not count as salary for any other purpose, including salary 

for superannuation purposes. The bonus is inclusive of any superannuation. 

56.3.7. To provide greater flexibility, staff members who have achieved an Exceeding or Outstanding 

rating may choose to convert an equivalent amount of their bonus to 3 days leave. This leave will 

preferably be taken as individual days. Further information is available in the Leave Policy. 

56.4. Higher Duties 

56.4.1. If the staff member performs higher duties, the staff member will be paid in addition to the staff 

member’s salary a higher duties allowance equivalent to the difference between his or her salary 

and the salary applicable to the higher level position. The entitlement to that payment is subject 

to clause 56.4.2. 

56.4.2. No allowance will normally be paid for temporary performance of higher duties, unless those 

higher duties are performed for at least three months. On the authority of the Senior Executive 

People and Development, higher duties may be paid for a lesser period than three months. 

57. Other Terms and Conditions 

57.1. Personal Leave 

57.1.1. Personal leave must be taken in periods of at least 1 day. 

57.1.2. Executive Level staff employed on a non-ongoing basis will be credited with 18 days full pay 

personal leave on appointment, and personal leave will accrue at the rate of 18 days per year. 

57.2. Notice Periods 

57.2.1. Ongoing staff members may resign from ASIC and non-ongoing staff members may terminate 

their employment with ASIC by giving their Senior Executive 28 days notice in writing. 

If the required notice is not given, an amount in lieu of the notice period not worked may be 

deducted from any monies owing. The Senior Executive may agree to the staff member giving a 

shorter period of notice or the Senior Executive may waive the requirement to give notice. 


SECTION D 


57.2.2. ASIC may terminate the employment of a staff member on giving the following periods of 

notice (or payment in lieu thereof): 

LENGTH OF SERVICE STAFF MEMBER UNDER 

45 YEARS OF AGE 

0 - 1 YEAR 1 week 1 week 

MORE THAN 1 YEAR BUT 

LESS THAN 2 YEARS 

AT LEAST 2 YEARS BUT 

NOT MORE THAT 3 YEARS 

MORE THAN 3 YEARS BUT 

NOT MORE THAT 5 YEARS 




MORE THAN 5 YEARS 4 weeks 5 weeks 

STAFF MEMBER 

45 YEARS OLD OR MORE 


Attachment A 

ASIC1-4 

classification 

structure, 

salary rates and 

advancement 

points 


ATTACHMENT A 

ASIC1-4 CLASSIFICATION STRUCTURE, SALARY RATES AND ADVANCEMENT POINTS 

To advance through soft barriers staff must meet specific requirements set out in the Remuneration Policy. 

CLASSIFICATION CURRENT EA 

SALARY RANGE 

ASIC 1 

(APS 1) 


LOWER 

(APS 2) 


UPPER 

(APS 3) 


LOWER 

(APS 4) 


UPPER 

(APS 5) 


(APS 6) 


(PREVIOUSLY AWA) 

SALARY 

STEPS 

SALARY INCREASE 

FROM 

COMMENCEMENT 

(3%) 

SALARY 

INCREASE 

1 JULY 2012 (3%) 

SALARY 

INCREASE 

1 JULY 2013 (3%) 

$38,811 Step 1 $39,975 $41,174 $42,409 

$40,117 Step 2 $41,321 $42,561 $43,838 

$41,203 Step 3 $42,439 $43,712 $45,023 

$42,895 Step 4 $44,182 $45,507 $46,872 

$45,135 Step 1 $46,489 $47,884 $49,321 

$46,319 Step 2 $47,709 $49,140 $50,614 

$47,523 Step 3 $48,949 $50,417 $51,930 

$48,709 Step 4 $50,170 $51,675 $53,225 

$50,030 Step 5 $51,531 $53,077 $54,669 

$51,330 Step 6 $52,870 $54,456 $56,090 

$52,635 Step 7 $54,214 $55,840 $57,515 

$53,999 Step 8 $55,619 $57,288 $59,007 

$57,532 Step 1 $59,258 $61,036 $62,867 

$59,031 Step 2 $60,802 $62,626 $64,505 

$60,544 Step 3 $62,360 $64,231 $66,158 

$62,193 Step 4 $64,059 $65,981 $67,960 

$64,143 Step 5 $66,067 $68,049 $70,090 

$65,948 Step 6 $67,926 $69,964 $72,063 

$68,842 Step 1 $70,907 $73,034 $75,225 

$70,730 Step 2 $72,852 $75,038 $77,289 

$74,286 Step 3 $76,515 $78,810 $81,174 

$77,163 Step 4 $79,478 $81,862 $84,318 

N/A Step 1 N/A N/A N/A 

$71,438 Step 2 $73,581 $75,788 $78,062 

$75,030 Step 3 $77,281 $79,599 $81,987 

$77,934 Step 4 $80,272 $82,680 $85,160 

KEY 

Dotted line indicates soft barrier between steps. 


Attachment B 

Executive Level 

salary rates 


ATTACHMENT B 

EXECUTIVE LEVEL SALARY RATES 

CLASSIFICATION CURRENT EA 

SALARY RANGE 

EXECUTIVE 

LEVEL 1 

EXECUTIVE 

LEVEL 2 

SALARY STEPS SALARY 

INCREASE FROM 

COMMENCEMENT 

(3%) 

SALARY 

INCREASE 

1 JULY 2012 (3%) 

SALARY 

INCREASE 

1 JULY 2013 (3%) 

$90,217 Step 1 $92,924 $95,712 $98,583 

$92,608 Step 2 $95,386 $98,248 $101,195 

$96,269 Step 3 $99,157 $102,132 $105,196 

$99,464 Step 4 $102,448 $105,521 $108,687 

$104,355 Step 5 $107,486 $110,711 $114,032 

$101,962 Step 1 $105,266* $108,424 $111,677 

$104,355 Step 2 $107,486 $110,711 $114,032 

$112,146 Step 3 $115,510 $118,975 $122,544 

$115,894 Step 4 $119,371 $122,952 $126,641 

$118,856 Step 5 $122,422 $126,095 $129,878 

$120,596 Step 6 $124,214 $127,940 $131,778 

$123,205 Step 7 $126,901 $130,708 $134,629 

$128,133 Step 8 $131,977 $135,936 $140,014 

$130,452 Step 9 $134,366 $138,397 $142,549 

$135,671 Step 10 $139,741 $143,933 $148,251 

$137,700 Step 11 $141,831 $146,086 $150,469 

$143,209 Step 12 $147,505 $151,930 $156,488 

KEY 

Dotted line indicates soft barrier between steps. 

* On commencement of the agreement, the salary at step 1 of the Executive Level 

2 scale will be increased to $102,200 before the application of the first 3% 

salary increase in order to be consistent with the Salary Threshold advice relating 

to the APS Bargaining Framework and Supporting Guidelines 2011. This means 

that the figure highlighted by an asterisk * is based upon $102,200 plus 3%. 

Subsequent salary increases in 2012 are based on this new step figure. 


Signatories 


SIGNATORIES 

Employer 

Signed by the Chairman, Australian Securities & Investments Commission 

Name: Greg Medcraft Date: 

Address: 100 Market Street, Sydney, NSW, 2000. 

The Chairman has authority to sign the Enterprise Agreement by virtue of the Australian 

Securities & Investments Commission Act 2001. 

Signed by Executive Director, Corporations and Markets Advisory Committee 

Name: John Kluver Date: 

Address: Level 16, 60 Margaret Street, Sydney, NSW 2000. 

The Executive Director has the authority to sign the Enterprise Agreement by virtue 

of the Australian Securities & Investments Commission Act 2001. 

Employer Bargaining Representative 

Signed by Deputy Secretary, Community and Public Sector Union 

Name: Rupert Evans Date: 

Address: 10/440 Collins Street, Melbourne, VIC 3000. 

The Deputy Secretary has the authority to sign by virtue of the rules of the Community 

and Public Sector Union.

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