Annual Productivity Based Salary Increases
11. The salary rates for all classifications are detailed at Appendices 1, 2 and 3 of this Agreement.
12. Employees will receive salary increases of:
- On commencement of the Agreement, an increase of 2%;
- 12 months after commencement, an increase of 2%; and
- 24 months after commencement, an increase of 2%.
13. Employees will be paid fortnightly in arrears by electronic funds transfer into a financial institution account of the employee's choice.
14. The fortnightly rate of pay is calculated using the following formula: annual rate of pay multiplied by 12 and divided by 313.
Salary Maintenance – Existing Employees
15. If an employee's salary on commencement of this Agreement is higher than the rate for their classification and pay point on commencement of this Agreement, the employee's salary will be maintained at the higher rate. The employee's salary will only be maintained until the applicable rate in Appendix 1 is equal to the maintained salary, at which point the rates in Appendix 1 will apply.
Salary Rates on Commencement
17. On 15 August each year an ongoing employee (excluding employees in the Safe Work Australia Training Broadband) who is not already at the top pay point applying to their current APS classification within the Safe Work Australia General Broadband Structure will advance to the next pay point above if the employee:
- has performed duties in Safe Work Australia at that classification level for a period of at least three continuous months in the Performance Assessment Cycle for the financial year that has just been completed; and
- has received ratings of at least "Satisfactory" for both key deliverables and observable work behaviours as part of the end of the Performance Assessment Cycle for the financial year that has just been completed.
Individual Flexibility Arrangement
18. The Chief Executive Officer and an employee may agree to make an Individual Flexibility Arrangement (IFA) to vary the effect of terms of the Agreement if:
- the IFA deals with one or more of the following matters:
- arrangements about when work is performed;
- arrangements regarding travel;
- overtime rates;
- penalty rates;
- remuneration; and/or
- leave; and
- the arrangement meets the genuine needs of the Agency and the employee in relation to one or more of the matters mentioned above; and
- the arrangement is genuinely agreed to by the Chief Executive Officer and the employee.
19. The Chief Executive Officer must ensure that the terms of the IFA:
- are about permitted matters under section 172 of the Fair Work Act; and
- are not unlawful terms under section 194 of the Fair Work Act; and
- result in the employee being better off overall than the employee would be if no arrangement was made.
20. The Chief Executive Officer must ensure that the IFA:
- is in writing; and
- includes the name of the employer and the employee; and
- is signed by the Chief Executive Officer and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
- includes details of: the terms of the Agreement that will be varied by the IFA; and
- how the IFA will vary the effect of the terms; and
- how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the IFA; and
- states the day on which the IFA commences.
21. The Chief Executive Officer must give the employee a copy of the IFA within 14 days after it is agreed to.
22. The Chief Executive Officer or the employee may terminate the IFA:
- by giving no less than 28 days written notice to the other party to the arrangement; or
- if the Chief Executive Officer and the employee agree in writing — at any time.
Flexible Remuneration and Salary Packaging
23. Employees are entitled to access flexible remuneration and salary packaging. Further details are provided in the Safe Work Australia Salary Packaging Policy.
24. Employees may package up to 100% of salary.
25. Where an employee takes up the option of flexible remuneration packaging on a ‘salary sacrifice’ basis, the employee’s salary for purposes of superannuation, severance and termination payments (and any other purpose) will be determined as if the flexible remuneration packaging arrangement had not been entered into.
26. Any fringe benefits tax incurred in relation to an individual employee as a result of his or her salary packaging arrangement will be met by the individual employee.
Determinations on Salary and Classification
27. When making a determination in relation to salary or classification under clauses 28 to 35, the Chief Executive Officer will have regard to the following factors (as relevant):
- the experience, qualifications and skills of the employee;
- the salary payable to, and classification of, the employee in respect of the duties they are currently performing;
- the classification of the employee in relation to their new duties;
- qualifying periods for salary advancement under the Performance and Development Scheme;
- work level standards; and
- the nature of the duties which are to be assigned to the employee.
Salary on Engagement or Promotion
28. Where an employee is engaged (either on an ongoing or a non-ongoing basis) or is promoted within or to the Agency, salary will be payable at the minimum point of the Agency’s salary range applicable to the classification of the employee, unless the Chief Executive Officer authorises payment of salary above the minimum point in that salary range, having regard to the relevant factors outlined in clause 27.
29. Periods of temporary assignment will count towards the qualifying period for salary advancement if:
- the employee is promoted within the Agency and has previously been temporarily assigned duties at the same classification; and
- the period of temporary assignment immediately precedes the date of effect of the promotion.
Salary on Assignment within or Movement to the Agency at the Same Classification
30. Where an employee is assigned new duties within, or moves to, the Agency at the employee's existing classification, salary will be payable at the point of the Agency salary range determined by the Chief Executive Officer, having regard to the relevant factors outlined in clause 27.
Salary on Temporary Assignment to the Agency from Another Agency at a Higher Classification
31. Where an employee from another agency (the “other agency”) is temporarily assigned duties in Safe Work Australia either at a higher classification or in a part of a Broadband that has a higher equivalent APS classification than the duties performed by the employee in the other agency, salary will be payable at the minimum point of the applicable Safe Work Australia salary range unless the Chief Executive Officer authorises payment of salary above the minimum point in that salary range, having regard to the relevant factors outlined in clause 27.
Salary Maintenance on Movement to the Agency
32. At the discretion of the Chief Executive Officer, an employee moving to Safe Work Australia from another agency (the “other agency”) whose salary at the other agency (current salary) exceeds the current maximum of the relevant classification in this Agreement, can be maintained on their current salary until such time as their salary is commensurate with the relevant Safe Work Australia salary. This salary maintenance will be done in the same manner as described at clause 15.
Salary on Reduction to Duties with a Lower Classification
33. Where the classification of an employee is reduced, on either a temporary or ongoing basis, the Chief Executive Officer may reduce the employee's salary having regard to the relevant factors outlined in clause 27.
34. Where the reduction in classification is a result of workforce adjustment outlined in Part K of this Agreement, an employee’s reduced salary will take effect after the expiration of the retention period determined in Part K.
35. Where the reduction in classification is employee-initiated, no income maintenance period will apply unless approved by the Chief Executive Officer.
Trainees and Trainee Rates
36. The Chief Executive Officer may engage a person as a Safe Work Australia Trainee.
37. Safe Work Australia Trainees will be assigned the relevant classification within the Safe Work Australia Training Broadband (Trainee APS (Administrative)) and undertake a course of study determined by the Chief Executive Officer.
38. Safe Work Australia Trainees will be paid at the minimum salary point of APS1 classification level or such other salary point as the Chief Executive Officer determines.
39. The Chief Executive Officer shall determine when a Safe Work Australia Trainee's course of study and training has been successfully completed.
40. On successful completion of their training requirements, the classification of Safe Work Australia Trainee will be the APS1 classification level. The employee will then integrate in to the Safe Work Australia Level 1 Broadband described in Appendix 1. Once integrated into the Broadband, the salary will be the base point of the APS3 classification level unless the Chief Executive Officer determines otherwise having regard to the experience, qualification and skills of the employee.
41. The salary rates for employees engaged as a Safe Work Australia Graduate are set out in Appendix 3 of this Agreement.
43. The Agency will make compulsory employer contributions as required by the applicable legislation and fund requirements.
44. The Agency’s default superannuation fund is the Public Sector Superannuation Accumulation Plan. The Agency will provide employer superannuation contributions to members of the Public Sector Superannuation Accumulation Plan of no less than 15.4% of an employee’s fortnightly contribution salary.
45. Where an employee has chosen an accumulations superannuation fund other than the Public Sector Superannuation Accumulation Plan, the employer contribution will be the same percentage as required for employees who are members of Public Sector Superannuation Accumulation Plan. 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 contributions (for example, it is unable to accept contributions for people aged over 75).
46. The Agency will pay superannuation contributions to accumulation superannuation funds during periods of paid and unpaid parental leave (including Maternity, Parental, Adoption and Foster Care Leave). Contributions for periods of paid leave are not limited. Periods of unpaid leave are up to a maximum of 52 weeks.
47. The Chief Executive Officer 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 payroll system used by the Agency.
48. Any fees applied by a chosen fund associated with the administration of superannuation contributions will be borne by the employee.
Death of Employee
49. Where an employee dies, or the Chief Executive Officer has determined that an employee is presumed to have died on a particular date, the Chief Executive Officer will, subject to any legal requirements, authorise the payment of the amount to which the former employee would have been entitled had the employee resigned or retired from employment on that date. Long Service Leave credits will be paid out in accordance with the Long Service Leave Act.
50. Payment will be made at the Chief Executive Officer’s discretion to the dependants or the partner of the former employee or the employee’s personal representative. If a payment has not been made within 12 months of the former employee’s death or presumed date of death, it will be paid to the employee’s legal personal representative.