69. All employees may request flexible working arrangements consistent with the relevant provisions of this Agreement and the Fair Work Act.
70. All employees may request access to part-time working arrangements.
71. For further information on Flexible Working Arrangements, refer to the Safe Work Australia Working Arrangements Policy.
Working Hours at the Agency
72. The following definitions apply in this Agreement:
Ordinary Hours: means 7 hour 30 minutes per day, Monday to Friday, averaging 37.5 hours per week, with a total 150 hours per Settlement Period.
Standard Day: is 8:30 am to 12:30 pm and 1:30 pm to 5:00 pm Monday to Friday, except where a public holiday occurs.
Settlement Period: is the 28 day period beginning on a pay Thursday.
Bandwidth: means 7:00 am to 7:00 pm from Monday to Friday, except on a public holiday or where a different start time is approved for travel purposes.
Ordinary Hours – Full-Time Employees
73. A full-time employee must work the Ordinary Hours.
74. The Ordinary Hours of work for a full-time employee may be averaged over the Settlement Period for the purpose of determining flex debit/credit carry over.
75. Employees must take a meal break of at least 30 minutes after five continuous hours of work. The maximum number of hours to be worked in a day is ten hours, unless the employee is directed to work overtime beyond ten hours.
Span of Hours
76. An employee's Ordinary Hours:
- will normally be worked according to a Standard Day; but
- may be worked to a different pattern within the Bandwidth with the agreement of the employee's manager. This includes using flex time or Executive Level working arrangements.
77. The Agency may engage an employee on an ongoing part-time basis. An employee engaged on a part-time basis does not have an automatic right to vary their part-time hours or access full-time hours.
78. A part-time employee is an employee whose Ordinary Hours are less than 150 hours in a Settlement Period. Employees are required to work at least three hours on any agreed working day.
79. Remuneration and other entitlements for part-time employees, including leave, will be calculated on a pro-rata basis with 7 hours 30 minutes per day considered the full-time equivalent.
80. Employees who work part-time can agree to work outside their agreed hours and pattern of work. With the exception of Executive Level employees, in such instances part-time employees will be entitled to Flex Time or Overtime rates, when work is directed outside their agreed hours. Executive Level employees (or equivalent) have access to time-off-in-lieu (TOIL) provisions.
81. For further information on part time arrangements, refer to the Safe Work Australia Working Arrangements Policy.
82. Casual employees will be paid a 25% loading on top of the normal hourly rate of pay applicable to their classification. The loading is in lieu of:
- any payment in relation to any form of leave (except where the employee is eligible for Long Service Leave);
- any payment for Public Holidays on which the employee is not rostered to work; and
- any payment for the Christmas Closedown.
83. Safe Work Australia premises will shut from 12:30 pm of the last working day before Christmas Day and re-open the first working day following the first day of January; this will be known as the Christmas Closedown.
84. Employees are not required to attend for duty during the Christmas Closedown, unless directed otherwise by the Chief Executive Officer. Employees will be provided with time off for the Christmas Closedown with no deduction from leave credits and will be paid in accordance with their Ordinary Hours of work.
85. Employees are entitled to the following Public Holidays:
- New Year's Day (1 January);
- Australia Day (26 January);
- Good Friday;
- Easter Monday;
- e) Anzac Day (25 April);
- The Queen's Birthday holiday (on the day which it is celebrated in a State or Territory or region of a State or Territory);
- Christmas Day (25 December);
- Boxing Day (26 December);
- Any other day, or part-day, declared or prescribed by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of the State or Territory, as a Public Holiday, other than a day, or part-day, or a kind of day or part-day, that is excluded by the Fair Work Regulations as counting as a Public Holiday.
86. If under a law of a State or Territory, a day or part-day is substituted for one of the Public Holidays in clause 85, then the substituted day or part-day is the Public Holiday.
87. The Chief Executive Officer and an employee may agree on a substitution of a day or part-day that would otherwise be a Public Holiday, having regard to operational requirements.
88. An employee, who is absent on a day or part-day that is a Public Holiday in the place where the employee is based for work purposes, is entitled to be paid for the day or part-day absence as if that day or part-day was not a public holiday, except where that person would not normally have worked that day.
89. Where a Public Holiday falls during a period when an employee is absent on leave (other than Annual or paid Personal/Carer's Leave), there is no entitlement to receive payment as a Public Holiday. Payment for that day would be in accordance with the entitlement for that form of leave (for example, if on Long Service Leave on half-pay, payment is at half-pay).
90. Flex Time is available to all APS level (or equivalent) employees.
91. All hours worked by an employee must be recorded in the manner stipulated by the Agency.
92. Employees accumulate Flex Time within the Bandwidth.
93. A flex credit is where an employee accumulates hours in excess of Ordinary Hours. An employee may carry over a maximum of 37.5 hours flex credit into the next Settlement Period.
94. A flex debit occurs when the employee works less time than their Ordinary Hours. A maximum of 22.5 hours flex debit can be accumulated and carried over to the next Settlement Period. Any flex debit will be deducted from a person’s final monies if they cease to work for the Agency in accordance with the Agency's Accountable Authority Instructions.
95. Flex leave is where an employee works less than their Ordinary Hours on any given day and is not on any other form of leave. An employee may use up to the equivalent of five days flex credits in a Settlement Period. Flex leave requires prior approval from the employee's manager, and reasonable notice is required.
96. Where there is insufficient work, a manager may require an employee not to work hours in addition to their Ordinary Hours.
97. Where an employee's manager considers that the employee's attendance is unsatisfactory or that the employee is misusing Flex Time, the manager may direct the employee to work Ordinary Hours for a period of time specified by the manager.
98. For further information on Flex Time, refer to the Safe Work Australia Working Arrangements Policy.
99. Where operational requirements make it necessary, a manager may direct an employee to work outside their Ordinary Hours on any day.
100. An employee directed to perform work outside and in excess of their Ordinary Hours on a given day is eligible for an overtime payment, or where agreed, equivalent TOIL.
101. Where a period of overtime is not continuous with the employee's Ordinary Hours, the base period of overtime payment for such work will be calculated as if the employee had worked for four hours. When determining whether a period is continuous with Ordinary Hours, meal breaks should not be regarded as breaking continuity.
102. Overtime payments will be calculated as follows:
- Monday to Saturday: one and a half times the hourly rate for the first three hours each day and double the hourly rate thereafter
- Sunday: double the hourly rate.
- Public Holiday: two and a half times the hourly rate.
103. For APS level employees, TOIL may be taken as follows:
- where the manager and the employee agree, on an “hour for hour” basis with an entitlement to residual payment (for example - three hours' time off plus three hours pay at half-time, in lieu of three hours overtime at time and a half); or
- on a penalty time basis, for example, four and a half hours' TOIL of overtime payment.
104. Where TOIL of payment has been agreed and the APS level employee has not been granted time off within four weeks or another agreed period, due to operational requirements, payment of the original entitlement will be made.
105. Executive Level employees will only be eligible to receive overtime payments in exceptional circumstances and with the approval of the Chief Executive Officer. They may be compensated for additional hours worked in the form of TOIL but there is no entitlement to provide compensation on an hour-for-hour basis.
Emergency Duty and Additional Child Care Costs
106. Emergency Duty will attract a base payment of two hours (which includes reasonable travel time) at double the hourly rate, which will be payable for all emergency callouts without prior notice. Executive Level employees will only be eligible to receive
Emergency Duty payments in exceptional circumstances with the approval of the Chief Executive Officer.
107. Employees who undertake Emergency Duty are also entitled to reimbursement for child care costs where those costs are incurred as a necessary consequence of undertaking Emergency Duty and could not reasonably have been avoided by the employee.
Overtime Meal Allowance
108. Where an APS Level employee is directed to work at least three hours outside their Ordinary Hours they will receive a flat rate meal allowance of $27.50 where such an employee works a further five hours on a Saturday, Sunday or Public Holiday, they will receive an additional meal allowance of $27.50.
109. Where exceptional circumstances exist and an Executive Level employee is eligible for paid Overtime, they may also claim a meal allowance of $27.50 but only where they have been directed to work at least three continuous additional hours outside their Ordinary Hours of work.
110. Where an Executive Level employee is supervising employees on Overtime who are eligible for the payment of a meal allowance, the Executive Level employee will also be eligible for payment of a meal allowance.
111. Overtime Meal Allowance is payable regardless of whether the directed overtime is compensated as paid Overtime or as TOIL.
112. Employees should not commence work on any day without having at least eight hours plus reasonable travelling time minimum break from the previous day’s work.
113. Where the Chief Executive Officer requires an employee to resume or continue work without having had a minimum break, the employee will be paid at double the hourly rate for the hours worked, until he or she has had an eight hour break.
114. Where all or some of the employee’s minimum break occurs during Ordinary Hours, the employee will not lose pay for the absence.
Executive Level Employees – Flexible Working Arrangements – TOIL
115. Executive Level employees are able to work flexible hours where their manager agrees.
116. The Agency's flextime arrangements do not apply to Executive Level employees. Executive Level employees are expected to work reasonable additional hours, and their remuneration has been set having regard to this.
117. Executive Level employees may access TOIL but are not entitled to TOIL on an hour-for-hour basis. Such absences do not need to be covered by any form of leave, may be taken as whole or part days and may be taken in conjunction with approved leave. A formal leave application need not be completed.
118. For further information on TOIL, refer to the Safe Work Australia Working Arrangements Policy.
Working from Home
119. The Chief Executive Officer may approve an employee working from home. Further information is provided in the Agency’s Working from Home Guidelines.
120. Where an employee below the Executive Level 2 classification level has a regular approved Working from Home arrangement, assistance to maintain home based IT equipment and internet access may be provided on approval by the Chief Executive Officer, up to a maximum value of $3,000 per annum.
121. Where an employee is absent from duty without approval, all pay and other benefits provided under this Agreement cease to be available until the employee resumes duty, or is granted leave or ceases employment. Such absences will not count as service for any purpose. Amounts paid to an employee as a result of an unauthorised payment are overpayments and the Agency will seek to recover those amounts.
122. Where an employee is overpaid an amount of salary or other benefits, the overpayment will be recovered in accordance with the Agency's Accountable Authority Instructions.