10. Salary rates

10.1 The salary rates are set out in Appendix 1 of this agreement.

10.2 The base salary rates in Appendix 1 include the following increases:

1. 4.0 percent from 9 November 2023 to employees employed by the department on the date of commencement of this Agreement subject to the following;
   1. employees who are covered by clause 10.2(a) and who commenced employment on or after 9 November 2023 will have their salary increased from their date of commencement with the department;
2. 3.8 percent from 9 November 2024; and
3. 3.4 percent from 9 November 2025.

11. Payment of salary

11.1 Employees will be paid fortnightly in arrears by electronic funds transfer into a financial institution account of the employee's choice, based on their annual salary using the following formula:

Note: This formula is designed to achieve a consistent fortnightly pay rate without significant variability year-to-year. It reflects that the calendar year is not neatly divisible into 26 fortnightly periods. There are 313 fortnightly pay cycles within a 12-year period.

12. Salary setting on promotion and commencement

12.1 Where an employee is engaged, moves to or is promoted in the department, the employee's salary will be paid at the minimum of the salary range of the relevant classification, unless the Clerk determines a higher salary within the relevant salary range under these salary setting clauses.

12.2 The Clerk may determine the payment of salary at a higher value within the relevant salary range of the relevant classification and the date of effect at any time.

12.3 In determining a salary under these salary setting clauses, the Clerk will have regard to relevant factors including the employee's experience, qualifications and skills.

12.4 Where an employee commences ongoing employment in the department immediately following a period of non-ongoing employment for a specified term or task, the Clerk will determine the payment of the employee's salary within the relevant salary range of the relevant classification which recognises the employee's prior service as a non-ongoing employee in the department.

12.5 Where an employee commences ongoing employment in the department immediately following a period of casual employment in the department, the Clerk will determine the payment of salary within the relevant salary range of the relevant classification which recognises the employee's prior service as a casual employee in the department.

12.6 Where an ongoing employee moves to the department at level from another Parliamentary Service or Australian Public Service agency, and their salary is above the maximum of the salary range for their classification, the Clerk will maintain the employee's salary at that level, until it is absorbed into the salary range for that classification.

Note: for the avoidance of doubt, where an employee's salary is maintained in accordance with clause 12.6, they are not eligible to receive the salary increase in any year until such time as the salary increases in the department overtake their authorised salary point.

12.7 Where the Clerk determines that an employee's salary has been incorrectly set, the Clerk may determine the correct salary and the date of effect.

Salary – Casual Parliamentary Educators

12.8 Casual employees engaged to work as Parliamentary Educators in the Parliamentary Education Office will be paid at the second salary point in the range applicable to the Australian Parliamentary Service Level 6 classification.

12.9 The incremental advancement clauses outlined in clause 13.3 do not apply to casual Parliamentary Educators.

13. Incremental advancement

General

13.1 An employee (other than a casual employee), not currently at the highest salary point for their substantive classification, will advance one salary point in their substantive classification, effective from the commencement of the first full pay period in May each year, where the employee:

1. receives an overall performance assessment of "effective or better" at the end of the performance review period (30 April); and
2. has completed a minimum of six months' service in the department (including periods of paid leave, periods of unpaid leave that count as service, and service while employed on a non-ongoing basis) at their substantive classification, or a higher classification, in the 12 months ending 30 April.

13.2 An employee who receives an overall performance assessment of "requires development" or "unsatisfactory" will not be entitled to an incremental advancement until they receive a performance assessment of "effective or better". The incremental advancement will be effective from the commencement of the first full pay period following the performance assessment of "effective or better".

Casual employees

13.3 A casual employee will advance one salary point in their allocated classification, effective from the commencement of the first full pay period in May each year, where the employee:

1. receives an overall performance assessment of "effective or better" at the end of the performance review period (30 April); and
2. undertook their first period of duty at their substantive classification, or a higher classification, between 1 May and 31 October the previous year, and
   1. for casual employees who undertake duties involved with the sitting of the Senate - the employee must have been on duty for at least the number of days equivalent to 80 percent of the number of sitting days of the Senate in the previous 12 months ending 30 April; and
   2. for all other casual employees - the employee must have been on duty for at least 36 days in the previous 12 months ending 30 April.

Employees on higher duties

13.4 An employee who, at the time of the performance assessment, is performing higher duties will be eligible to advance one salary point at the higher classification effective from the commencement of the first full pay period in May for the remainder of the higher duties period, where the employee:

1. receives an overall performance assessment of "effective or better" at the end of the performance review period (30 April); and
2. has completed a minimum of six months' service in the department (including periods of paid leave) at the higher classification in the 12 months ending 30 April.

13.5 An employee who is performing duties at a higher classification, and satisfies the relevant eligibility criteria at that classification, will be eligible for salary progression at both their substantive and higher classifications.

Employees on parental leave

13.6 An employee who, at the time of the performance assessment, is on paid or unpaid parental leave will be eligible to advance one salary point at their classification effective from the commencement of the first full pay period in May, where the employee has received an overall performance assessment of "effective or better" prior to the commencement of their leave period.

14. Superannuation

14.1 The department will make compulsory employer contributions as required by the applicable legislation and fund requirements.

14.2 Employer superannuation contributions will be paid on behalf of employees during periods of paid leave that count as service.

14.3 The department will make employer superannuation contributions to any eligible superannuation fund, provided that it accepts payment by fortnightly electronic funds transfer (EFT) using a file generated by the department's payroll system.

14.4 The department's default fund is the Public Sector Superannuation Accumulation Plan (PSSap).

14.5 Eligible employees may exercise superannuation choice in accordance with the relevant Commonwealth legislation. The department will only deal with superannuation funds that allow contributions to be paid through the SuperStream standard.

14.6 Where an employee is in an accumulation superannuation fund other than the department's default fund, the department will make contributions calculated on the basic contribution percentage rate applicable to the default fund and all other rules of the chosen fund will apply.

15. Salary packaging

15.1 Employees may elect to sacrifice salary for other benefits (salary packaging).

15.2 All costs, including any fringe benefits tax and administrative costs, incurred as a result of the salary packaging arrangement, must be met by the employee.

15.3 Where employees take up the option of salary packaging, their salary for purposes of superannuation, severance and termination payments will be determined as if the salary packaging arrangement had not been in place.

15.4 Further detail is set out in departmental guidelines.

16. Overpayments

16.1 An overpayment occurs if the department provides an employee with an amount of money to which the employee was not entitled (including but not limited to salary, entitlements, allowances, travel payment and other amount payable under this agreement).

16.2 Where the Clerk considers that an overpayment has occurred, the Clerk will provide the employee with notice in writing. The notice will provide details of the overpayment.

16.3 If an employee disagrees that there has been an overpayment including the amount of the overpayment, they will advise the Clerk in writing within 28 calendar days of receiving the notice. In this event, no further action will be taken until the employee's response has been reviewed.

16.4 If after considering the employee's response (if any), the Clerk confirms that an overpayment has occurred, the overpayment will be treated as a debt to the Commonwealth that must be repaid to the department in full by the employee.

16.5 The Clerk and the employee will discuss a suitable recovery arrangement. A recovery arrangement will take into account the nature and amount of the debt, the employee's circumstances and any potential hardship to the employee. The arrangement will be documented in writing.

16.6 The department and employee may agree to make deduction from final monies where there is an outstanding overpayment upon cessation of employment.

16.7 Interest will not be charged on overpayments.

16.8 Nothing in clauses 16.1 to 16.7 prevents:

1. the department from pursuing recovery of the debt in accordance with an Accountable Authority Instruction issued under the Public Governance, Performance and Accountability Act 2013;
2. the department from pursuing recovery of the debt through other available legal avenues; and
3. the employee or the department from seeking approval to waive the debt under the Public Governance, Performance and Accountability Act 2013.