21. Work Level Standards

21.1 The Parliamentary Service Work Level Standards continue to operate and describe the work at each of the classification levels in this agreement, consistent with the Parliamentary Service Classification Rules 2010, made in accordance with section 23 of the PS Act.

22. Job security

Commitment to ongoing employment

22.1 In its engagement decisions, the department recognises that the usual basis for engagement is as an ongoing employee.

Reporting

22.2 The department will report to the Workplace Consultative Committee on an annual basis, or more frequently if agreed, on the number, duration, classification and location of ongoing, non-ongoing and casual arrangements in the department.

Pathways to permanency

22.3 The department will comply with the casual conversion provision of the FW Act. In addition, the department recognises that a proactive approach, including regularly reviewing casual and non-ongoing arrangements, is both a fair and efficient approach to supporting ongoing employment as the usual form of employment.

23. Casual employment

23.1 A casual (irregular and intermittent) employee is defined in clause 4 of this agreement.

23.2 A decision to expand the use of casual employees is subject to clause 66.4 of this agreement.

23.3 The department will regularly review the working arrangements of casual employees to assess if they are genuinely performing irregular and intermittent duties, and report de-identified outcomes to the Workplace Consultative Committee.

23.4 Remuneration for casual employees shall be on an hourly basis. A casual employee shall receive a 25 percent loading on the base hourly rate of their classification level.

23.5 The casual loading is paid in lieu of payment for public holidays not worked, notice of termination of employment, redundancy benefits and all paid leave entitlements, other than leave required by legislation including long service leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976 and leave for family and domestic violence support.

23.6 A casual employee shall be engaged for a minimum of three hours per engagement or shall be paid for a minimum of three hours at the appropriate casual rate.

24. Non-ongoing employment

24.1 A non-ongoing employee is defined in clause 4 of this agreement.

24.2 Non-ongoing employees will generally have the same terms and conditions of employment as ongoing employees under this agreement’s terms, except:

1. personal/carer’s leave accrual at clause 36.3.
2. the redundancy provisions at clause 71; and
3. other conditions as specified in this agreement.

25. Working hours

Standard hours

25.1 The standard hours of duty will be 7 hours and 30 minutes per day and 37 hours and 30 minutes per week for full-time employees, or the agreed hours of duty for part-time employees.

25.2 The span of hours during which an employee’s standard hours of duty may be worked is 7.30am to 7.30pm Monday to Friday.

25.3 Employees should not be required to work more than five consecutive hours without a meal break of at least 30 minutes.

25.4 For leave recording purposes, the standard hours for full-time employees are 8.30am to 12.30pm and 1.30pm to 5.00pm.

25.5 As a general principle, a section head should ensure that their work area is available for client service between 8.30am and 5.00pm.

Unauthorised absence

25.6 Employees should advise their managers of any unplanned absence by 9.30am on the day of absence.

25.7 Where an employee is absent from duty without approval, all pay and other benefits provided under this agreement will cease until the employee resumes duty or is granted leave.

26. Flextime

26.1 Australian Parliamentary Service Level 1 to 6 employees and Parliamentary Executive Level 1 (other than casual employees) may access flextime as set out in departmental guidelines. The accrual of flex credits and debits, and access to flex leave, is subject to operational requirements and manager approval.

26.2 An employee may accrue flex credits where there is suitable work available to be performed outside the employee’s standard hours, but within the span of hours of 7.30am to 7.30pm Monday to Friday. An employee will not accrue a flex credit in respect of any hours for which they have been paid overtime.

26.3 The settlement period for flextime purposes is a designated four-week period commencing on a Thursday (payday) and ceasing on the Wednesday four weeks later.

26.4 Subject to clause 26.5, the maximum flex credit carryover to the next settlement period is 37 hours and 30 minutes. The maximum flex debit carryover is ten hours. Managers should ensure that employees do not accumulate excess flex credits or debits.

26.5 The section head may allow the carryover of flex credits in excess of 37 hours and 30 minutes. Flex debits in excess of ten hours at the end of a settlement period will be treated as leave without pay, unless approval is granted to use annual leave to acquit the excess flex debits.

Reversion to standard hours

26.6 Access to the flextime arrangements may be withdrawn in circumstances where a manager reasonably considers that:

1. an employee’s attendance is unsatisfactory; or
2. an employee is misusing the arrangements.

26.7 Where access to flextime arrangements is withdrawn, the employee will revert to standard hours, which will be determined by the manager, after consultation with the employee, within the span of hours.

26.8 Access to flexible working arrangements may be restored once the manager is satisfied that the employee’s attendance is satisfactory.

27. TOIL for Parliamentary Executive Level 2 employees

27.1 Parliamentary Executive Level 2 (PEL2) employees are sometimes required to work reasonable additional hours. Consistent with the NES, employees may refuse to work unreasonable additional hours.

27.2 PEL2 employees seeking to access TOIL are required to keep records of their working hours using a method determined by the department.

27.3 A manager is to grant TOIL in recognition of reasonable additional hours worked. TOIL granted to employees can be taken as whole or part days.

27.4 The working arrangements for a PEL2 employee should be agreed through discussion between the manager and the PEL2 employee. The discussion should include consideration of the work requirements that will safely get the job done and reasonably allow the employee to balance their work and personal life.

27.5 A PEL2 employee’s working arrangements and actual hours worked should be discussed on at least a quarterly basis between the PEL2 employee and their manager.

27.6 The pattern of hours is to be flexible enough to accommodate short term peaks and troughs in workload, and include expected reasonable additional hours. The agreed pattern of hours is to be recorded.

27.7 Requests from PEL2 employees to access flexible time off which are consistent with their agreed working hour arrangements are to be supported, subject to operational requirements.

28. Overtime and TOIL

28.1 The Clerk may direct employees to work reasonable additional hours or overtime. Such a direction must be reasonable in all the circumstances. An employee may refuse to work the additional hours or overtime which are not reasonable.

28.2 Employees at the Australian Parliamentary Service Levels 1 to 6 who have worked authorised overtime may elect to take TOIL in lieu of overtime payments. TOIL will be calculated at the applicable overtime rate and subject to clauses 28.9 to 28.11.

Definition of overtime – full-time and part-time employees

28.3 For full-time employees at Australian Parliamentary Service Levels 1 to 6, overtime is any time the employee is directed to work, and the employee works, that is:

1. outside of the span of hours of 8.00am and 6.00pm Monday to Friday; or
2. on a Saturday, Sunday or public holiday.

28.4 For part-time employees at the Australian Parliamentary Service Levels 1 to 6, who are directed to work additional hours may claim for payment as follows:

1. for any additional hours worked over and above their agreed hours up until 6.00pm – at the relevant single time rate; and/or
2. outside of the span of hours of 8.00am and 6.00pm Monday to Friday or on a public holiday – at the relevant overtime time.

Definition of overtime – casual employees

28.5 For casual employees at the Australian Parliamentary Service Levels 1 to 6, overtime is any time the employee is directed to work, and the employee works, that is:

1. in excess of 7 hours and 30 minutes on a weekday;
2. on a Saturday or Sunday; or
3. on a public holiday.

Payment for overtime

28.6 Where an employee is directed to work and works overtime, the employee will be paid as follows:

1. Monday to Saturday – time and one half; and
2. Sunday – double time.

28.7 Subject to clause 28.6 where authorised overtime is worked on a weekday public holiday, the rate will be double time for duty performed outside the standard hours and single time within standard hours.

Note: An employee is entitled to single time for overtime performed within the standard hours as the employee already receives payment at the single time rate for the standard hours falling on the public holiday.

28.8 Notwithstanding clauses 28.3 and 28.4, employees are required to have a rest break of at least nine hours, including travel time, between ceasing work on any day or shift and commencing work on the next day or shift. Where, following direction by the Clerk, the employee is required to resume duty without completing a nine-hour break, they will be paid double time rates until they have had a nine-hour break.

TOIL bank

28.9 Employees who elect to take time off in lieu of overtime payments, or who accumulate time off in lieu when travelling for official duty, may bank their TOIL credits to a maximum of 150 hours. TOIL for travel purposes will be at single time rates.

28.10 Access to TOIL credits is subject to operational requirements, the employee’s personal needs and departmental guidelines. Employees and managers are expected to monitor TOIL balances and make appropriate arrangements to enable usage of TOIL credits.

28.11 TOIL credits will not be cashed out. However, where an employee ceases employment without having a reasonable opportunity to use all their TOIL credits, the Clerk may approve payment for the TOIL credits at single time rates for employees at the Australian Parliamentary Service Levels 1 to 6.

29. Shiftwork

29.1 Employees will be entitled to be paid a penalty if rostered to perform their standard hours outside the period 6.30am to 6.00pm, Monday to Friday, or on Saturdays, Sundays or public holidays for an ongoing or fixed period.

29.2 Except at the regular changeover of shifts, employees should not be rostered to work more than one shift in each 24 hours.

29.3 The following penalty loading rates will apply:

1. 15 percent of salary for the shift where any part of the duty is performed between the hours of 6.00pm to 6.30am;
2. 30 percent of salary for each shift falling wholly within the hours of 6.00pm and 8.00am for a period exceeding four weeks;
3. 50 percent of salary for all rostered time performed on a Saturday;
4. 100 percent of salary for all rostered time performed on a Sunday; and
5. 150 percent of salary for all rostered time performed on a public holiday.

For casual employees, a 25 percent casual loading is paid in addition to the penalty loading rate (see clause 23.4).

29.4 Employees working shiftwork will not be entitled to receive a penalty loading for hours claimed as overtime.

29.5 For an employee at Australian Parliamentary Service Levels 1 to 6, overtime is any time the employee is directed to work, that is:

1. beyond their rostered hours on a day; or
2. in excess of 37 hours and 30 minutes in a week.

29.6 Where an employee is directed to work and works overtime, the employee will be paid as follows:

1. Monday to Saturday – time and one half;
2. Sunday – double time; and
3. Public holiday – double time and a half.

For casual employees, no casual loading is paid in addition to the overtime rate (see clause 23.4).

29.7 Employees working regular shiftwork will accrue an additional one week of annual leave for each completed 12 month period of continuous service.

29.8 The Clerk may approve any proposals for a new roster or arrangement of shift cycles following consultation with the employees concerned, and taking into account operational requirements and the impact of such proposals on the employees concerned.

30. Flexible working arrangements

30.1 The department, employees and their union recognise:

1. the importance of an appropriate balance between employees’ personal and working lives, and the role flexible working arrangements can play in helping to achieve this balance;
2. access to flexible work can support strategies to improve diversity in employment and leadership in the Parliamentary Service;
3. access to flexible work supports Parliamentary Service capability, and can assist in attracting and retaining the employees needed to deliver for the Australian community, including employees located at a wider range of locations;
4. that flexibility applies to all roles in the department, and different types of flexible working arrangements may be suitable for different types of roles or circumstances; and
5. requests for flexible working arrangements are to be considered on a case-by-case basis, with a bias towards approving requests.

30.2 The department is committed to engaging with employees and their union to build a culture that supports flexible working arrangements across the department at all levels. This may include developing and implementing strategies through the Workplace Consultative Committee.

30.3 Flexible working arrangements include, but are not limited to, changes in hours of work, changes in patterns of work and working from home.

Requesting formal flexible working arrangements

30.4 The following provisions do not diminish an employee’s entitlement under the NES.

30.5 An employee may make a request for a formal flexible working arrangement.

30.6 The request must:

1. be in writing;
2. set out details of the change sought (including the type of arrangement sought and the proposed period the arrangement will operate for); and
3. set out the reasons for the change, noting the reasons for the change may relate to the circumstances set out at section 65(1A) of the FW Act.

30.7 The Clerk must provide a written response to a request within 21 days of receiving the request.

30.8 The response must:

1. state that the Clerk approves the request and provide the relevant detail in clause 30.9; or
2. if following discussion between the department and the employee, the department and the employee agree to a change to the employee’s working arrangements that differs from that set out in the request – set out the agreed change; or
3. state that the Clerk refuses the request and include the following matters;
   1. details of the reasons for the refusal; and
   2. set out the department’s particular business grounds for refusing the request, explain how those grounds apply to the request; and
   3. either:
      1. set out the changes (other than the requested change) in the employee’s working arrangements that would accommodate, to any extent, the employee’s circumstances outlined in the request and that the agency would be willing to make; or
      2. state that there are no such changes; and
   4. state that a decision to refuse the request, or failure to provide a written response within 21 days is subject to the dispute resolution procedures in this agreement, and if the employee is an eligible employee under the FW Act, the dispute resolution procedures outlined in section 65B and 65C of the FW Act.

30.9 Where the Clerk approves the request this will form an arrangement between the department and the employee. Each arrangement must be in writing and set out:

1. security and work health and safety requirements;
2. a review date (subject to clause 30.13); and
3. the cost of establishment (if any).

30.10 The Clerk may refuse to approve the request only if:

1. the department has discussed the request with the employee; and
2. the department has genuinely tried to reach an agreement with the employee about making changes to the employee’s working arrangements to accommodate the employee’s circumstances (subject to any reasonable business grounds for refusal); and
3. the department and the employee have not reached such an agreement; and
4. the department has had regard to the consequences of the refusal for the employee; and
5. the refusal is on reasonable business grounds.

30.11 Reasonable business grounds include, but are not limited to:

1. the new working arrangements requested would be too costly for the department;
2. there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested;
3. it would be impractical to change the working arrangements of other employees, or to recruit new employees, to accommodate the new working arrangements requested;
4. the new working arrangements requested would be likely to result in a significant loss in efficiency or productivity;
5. the new working arrangements requested would be likely to have a significant negative impact on the service the department provides; and
6. it would not be possible to accommodate the working arrangements without significant changes to security requirements, or where work health and safety risks cannot be mitigated.

30.12 For First Nations employees, the department must consider connection to country and cultural obligation in responding to requests for altering the location of work.

30.13 Approved flexible working arrangements will be reviewed by the department and the employee after 12 months, or a shorter period if agreed by the employee. This is to ensure the effectiveness of the arrangement.

Varying, pausing or terminating flexible working arrangements

30.14 An employee may request to vary an approved flexible working arrangement in accordance with clause 30.6. An employee may request to pause or terminate an approved flexible working arrangement.

30.15 The Clerk may vary, pause or terminate an approved flexible working arrangement on reasonable business grounds, subject to clause 30.17.

30.16 The department must provide reasonable notice if varying, pausing or terminating a flexible working arrangement without the agreement of the employee, having regard to the circumstances of the employee. Exceptions to this requirement are urgent and critical operational circumstances or an employee’s demonstrated and repeated failure to comply with the agreed arrangements.

30.17 Prior to varying, pausing or terminating the arrangement under clause 30.15, the agency must have:

1. discussed with the employee their intention to vary, pause or terminate the arrangement with the employee;
2. genuinely tried to reach an agreement with the employee about making changes to the employee’s working arrangements to accommodate the employee’s circumstances (subject to any reasonable business grounds for alteration);
3. had regard to the consequences of the variation, pause or termination for the employee;
4. ensured the variation, pause or termination is on reasonable business grounds; and
5. informed the employee in writing of the variation, pause or termination to the approved flexible working arrangement, including details set out in clause 30.8(c).

Working from home

30.18 The department will not impose caps on groups of employees on the time that may be approved to work from home or remotely, with each request to be considered on its merits.

30.19 The department may provide equipment necessary for, or reimbursement, for all or part of the costs associated with, establishing a working at home arrangement.

30.20 An employee working at home is covered by the same employment conditions as an employee working at an office site under this agreement.

30.21 The department will provide employees with departmental guidelines on working from home safely.

30.22 Employees will not be required by the department to work from home unless it is lawful and reasonable to do so. This may include where circumstances prevent attendance at an office during a pandemic or natural disaster. In these situations, the department will consider the circumstances of the employees and options to achieve work outcomes safely.

Ad-hoc arrangements

30.23 Employees may request ad-hoc flexible working arrangements. Ad-hoc arrangements are generally one-off or short term arrangements for circumstances that are not ongoing.

30.24 Employees should, where practicable, make the request in writing and provide as much notice as possible.

30.25 Requests for ad-hoc arrangements are not subject to the request and approval processes detailed in clauses 30.4 to 30.13.

30.26 The department should consider ad-hoc requests on a case-by-case basis, with a bias to approving ad-hoc requests, having regard to the employee’s circumstances and reasonable business grounds.

30.27 Where a regular pattern of requests for ad-hoc arrangements from an employee emerges, the department should consider whether it is appropriate to seek to formalise the arrangement with the employee.

Altering span of hours

30.28 An employee may request to work an alternative regular span of hours (bandwidth hours). If approved by the Clerk, hours worked on this basis will be treated as regular working hours and will not attract overtime payments. The department will not request or require that any employee alter their regular span of hours (bandwidth hours) under these provisions.

31. Part-time work

31.1 Employees engaged on a full-time basis will not be compelled to convert to part-time employment.

31.2 Employees engaged on a part-time basis will not be compelled to convert to full-time employment.

31.3 The Clerk may initiate an offer of part-time employment. An employee who, by agreement, is assigned to a management-initiated part-time position may only convert to full-time employment by being assigned to a full-time position.

31.4 Before commencing part-time work, an employee and the Clerk must agree in writing a regular pattern of work, specifying the days of the week upon which the employee will work and the commencing and finishing times of work. This pattern of work will not be varied without the consent of the employee and any agreed variations will be recorded in writing.

31.5 Employees returning from parental leave will be entitled to access part-time work, within two years of the birth of the child. At the end of the 24-month period, a further flexible work arrangement may be sought.

31.6 The Clerk may approve a job-sharing arrangement between two or more employees who wish to share one full-time job. Employees working under a job-sharing arrangement are part-time employees.

31.7 Salary and other benefits (such as paid annual or personal/carer’s leave accruals), excluding expense related allowances and reimbursements or where the context suggests otherwise, for part-time employees will be calculated on a pro-rata basis.

32. Closedown days

32.1 The department will close down on the three work days between the Boxing Day and New Year’s Day public holidays each year. Employees that would otherwise be required to work on those days will be granted miscellaneous leave with pay for those closedown days.

33. Public holidays

33.1 Employees are entitled to the following holidays each year as observed at their normal work location in accordance with the FW Act:

1. 1 January (New Year’s Day);
2. 26 January (Australia Day);
3. Good Friday and the following Monday;
4. 25 April (ANZAC Day);
5. the King’s birthday holiday (on the day on which it is celebrated in a State or Territory or a region of a State or Territory);
6. 25 December (Christmas Day);
7. 26 December (Boxing Day); and
8. 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 2009 from counting as a public holiday.

33.2 If a public holiday falls on a Saturday or Sunday, and 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.

33.3 The Clerk and an employee may agree on the substitution of a day or part day that would otherwise be a public holiday, having regard to operational requirements.

33.4 The Clerk and an employee may agree to substitute a cultural or religious day of significance to the employee for any day that is a prescribed holiday. If the employee cannot work on the prescribed holiday, the employee will be required to work make-up time at times to be agreed. This substitution does not impact or reduce an employee’s entitlement to First Nations ceremonial leave, NAIDOC leave or cultural leave.

33.5 Where an employee substitutes a public holiday for another day, they will not be paid penalty rates for working their normal hours on the public holiday.

33.6 Where a public holiday falls during a period when an employee is absent on leave (other than annual leave, paid personal/carer’s leave or defence service sick leave) there is no entitlement to receive payment as a public holiday. Payment for that day will be in accordance with the entitlement for that form of leave (e.g. If on long service leave on half pay, payment is at half pay.)

33.7 If under a law of a State or Territory every Sunday is declared or prescribed by or under that law to be a public holiday, there is no entitlement to receive payment as a public holiday if the employee would have worked, or does perform work, on that day. In these circumstances, payment will only be made at the public holiday rate if the employee performs work on that day, and the Sunday would otherwise be a public holiday under clause 33.1(a) to 33.1(h).

33.8 An employee, who is absent on a day or part day that is a public holiday in their normal work location, is entitled to be paid for the part or full day absence as if that day or part day was not a public holiday, except where that person would not normally have worked on that day.

33.9 Where a full-time employee, including but not limited to employees on compressed hours, has a regular planned day off which would fall on a public holiday, the Clerk may allow the employee to change their planned day off so that it does not fall on a public holiday. If it is not possible to change their planned day off, the employee will be credited equivalent amount of time to their regular hours for the day in flex credits or TOIL for PEL2 employees in recognition of the planned day off.