enterprise agreement - we make australia's coins! · temporary assignment of duties ... 6...

Enterprise Agreement2011–2014

Agreement made in accordance with the Fair Work Act 2009

Royal austRalian Mint EntERPRisE aGREEMEnt 2011–2014 table of contents 3

TAble of conTenTs1. GENERAL PROVISIONS .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 7

1.1. Title of the Agreement .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 7

1.2. Parties .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 7

1.3. objectives of the Agreement . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 7

1.4. Duration of Agreement . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 7

1.5. operation of Agreement . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 7

1.6. entitlements under commonwealth laws . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 8

1.7. Delegation .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 8

1.8. Preservation of entitlements .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 8

1.9. Guidelines and policies . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 8

2. EMPLOYEE INVOLVEMENT .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 9

2.1 Mint consultative forum. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 9

2.2 Representation .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 9

2.3 freedom of Association. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 10

3. ETHICS AND CONDUCT.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .10

3.1. Values. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 10

3.2. code of conduct .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 10

3.3. breaches of the code of conduct . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 10

3.4. Protection of whistle-blowers .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 10

4. WORKFORCE PLANNING AND ASSIGNMENT OF DUTIES.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .10

4.1. engagement of employees .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 10

4.2. Advertising of jobs.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 11

4.3. notice of engagement .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 11

4.4. Assignment of duties .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 11

4.5. Induction training .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 12

5. HOURS OF WORK. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .12

5.1. statement of intent .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 12

5.2. Hours of duty .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 12

5.3. Part-time work . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 12

5.4. flextime .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 13

5.5. flextime hours. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 14

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5.6. flextime credits and debits .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 14

5.7. executive level working arrangements.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 15

5.8. Unauthorised absence .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 15

5.9. overtime .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 15

5.10. overtime rates. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 16

5.11. Duty overseas outside standard hours. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 16

5.12. Meal allowance .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 16

5.13. Rest relief after overtime.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 17

5.14. emergency duty .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 17

5.15. Restriction Allowance.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 17

5.16. Time off in lieu. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 18

5.17. shiftwork .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 18

5.18. Public holidays. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 18

5.19. Annual closedown.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 19

6. LEAVE ENTITLEMENTS. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .19

6.1. Annual leave.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 19

6.2. Purchased leave . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 20

6.3. Personal/carers leave .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 21

6.4. compassionate leave / bereavement leave .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 22

6.5. long service leave .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 22

6.6. Maternity leave .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 22

6.7. supporting Partner leave. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 22

6.8. foster Parent leave .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 23

6.9. Adoption leave .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 24

6.10. flexible Working Arrangements for Parents .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 24

6.11. Return to work after parental leave . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 25

6.12. study leave.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 25

6.13. Defence Reserve leave.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 26

6.14. other leave with pay .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 26

6.15. other leave without pay .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 27

7. PROMOTION AND REASSIGNMENT OF DUTIES. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .28

7.1. Promotion. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 28

7.2. Reassignment of duties. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 28

Royal austRalian Mint EntERPRisE aGREEMEnt 2011–2014 table of contents 5

8. CLASSIFICATION AND REMUNERATION .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .29

8.1. classification.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 29

8.2. Remuneration.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 29

8.3. Incentive Payments .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 30

8.4. The Mint Performance Development scheme .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 31

8.5. salary packaging .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 32

8.6. support salary for employees with a disability .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 32

8.7. Apprentice, trainee and graduate rates .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 32

8.8. superannuation . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 32

9. ALLOWANCES AND EXPENSES. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .33

9.1. Temporary assignment of duties .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 33

9.2. Travel.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 33

9.3. Motor vehicle allowance.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 34

9.4. Healthy lifestyle Allowance.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 34

9.5. Volunteer allowances .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 34

9.6. Removal expenses .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 35

9.7. other Mint allowances .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 35

10. REDEPLOYMENT, REDUCTION AND RETRENCHMENT . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .36

10.1. Management of excess employees. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 36

10.2. consultation .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 36

10.3. Voluntary retrenchment .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 37

10.4. severance benefit .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 37

10.5. severance benefit – rate of payment. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 38

10.6. Involuntary retrenchment.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 39

10.7. Retention periods .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 39

11. PAYMENT ON DEATH .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .40

12. MANAGEMENT OF UNDER PERFORMANCE.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .40

12.1. General Provisions .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 40

12.2. Identifying Performance Problems .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 41

12.3. formal counselling .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 41

12.4. formal Warning.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 41

table of contents EntERPRisE aGREEMEnt 2011–2014 Royal austRalian Mint6

13. WORKPLACE ENVIRONMENT .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .42

13.1. Anti-discrimination. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 42

13.2. occupational Health and safety.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 43

13.3. Protective clothing and safety equipment.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 43

13.4. Health surveillance. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 44

13.5. employee assistance service .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 44

13.6. Job rotation. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 44

14. RESOLUTION OF DISPUTES. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .45

14.1. statement of intent .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 45

14.2. Review of employment decisions . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 45

14.3. Right of entry .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 45

15. TERMINATION OF EMPLOYMENT .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .46

Right of review of termination .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 46

16. RESIGNATION OR RETIREMENT .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .46

notice period .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 46

17. ADDITIONAL CLAUSES .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .46

17.1. flexibility term . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 46

17.2. consultation term .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 47

17.3. Dispute resolution term .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 49

18. FORMAL ACCEPTANCE OF THIS AGREEMENT . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .50

SCHEDULE 1 base salary increase (productivity increase Years 2, and 3) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 52

SCHEDULE 2 base salary increase (no productivity increase).. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 53

SCHEDULE 3 base salary increase (productivity increase Year 2, not Year 3) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 54

SCHEDULE 4 base salary increase (productivity increase Year 3, not Year 2) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 55

SCHEDULE 5 APPRenTIce sAlARY RATes and GRADUATe RATes.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 56

SCHEDULE 6 oTHeR MInT AlloWAnces.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 57

APPENDIX A THe MInT beHAVIoURs.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 58

APPENDIX B sUPPoRTeD sAlARY foR eMPloYees WITH A DIsAbIlITY .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 59

APPENDIX C PRIncIPles RelATInG To WoRKPlAce DeleGATes .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 62

Royal austRalian Mint EntERPRisE aGREEMEnt 2011–2014 general provisions 7

enTeRPRIse AGReeMenT 2011–2014Agreement made in accordance with the Fair Work Act 2009

1. GENERAL PROVISIONS

1.1. title of the agreement

This Agreement shall be known as the “Royal Australian Mint enterprise Agreement – 2011–2014” (Agreement).

1.2. Parties

This Agreement is made in accordance with s172, under Division 2 of Part 2 – 4 of the Fair Work Act 2009, and covers the following parties:

(a) the chief executive officer;

(b) all non ses employees of the Royal Australian Mint employed under the Public Service Act 1999.

Where the following parties give notice in accordance with subsection 183(1) of the Fair Work Act 2009, fair Work Australia may note in its decision to approve the Agreement that it covers that organisation:

(c) the community and Public sector Union (cPsU);

(d) the Australian Manufacturing Workers’ Union (AMWU) (registered as the Automotive, food, Metal, engineering, Printing and Kindred Industry Union); and

(e) communications, electrical, electronic, energy, Information, Postal, Plumbing and Allied services Union of Australia (cePU).

1.3. objectives of the agreement

The parties to the Agreement recognise the benefits available through multi-skilling of employees to increase efficiency and job satisfaction through the acquisition of additional skills and considering clause 4.5.1. The acquisition of desirable additional skills will be undertaken by a combination of on the job training, corporate and individual job specific training.

1.4. Duration of agreement

This Agreement will come into effect seven days after the date of approval with fair Work Australia and shall expire on 30 June 2014.

1.5. operation of agreement

During the period of this Agreement, a party to this Agreement or an employee whose employment is subject to this Agreement, shall not pursue further claims in respect of 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.

general provisons EntERPRisE aGREEMEnt 2011–2014 Royal austRalian Mint8

1.6. Entitlements under Commonwealth laws

Without incorporating the terms of any legislation into this Agreement, it is acknowledged that the employment is subject to the provisions of Acts (and regulations and instruments made under those Acts) including the:

(a) Long Service Leave (Commonwealth Employees) Act 1976;

(b) Maternity Leave (Commonwealth Employees) Act 1973;

(c) Occupational Health and Safety (Commonwealth Employment) Act 1991;

(d) Public Service Act 1999;

(e) Safety, Rehabilitation and Compensation Act 1988;

(f ) Superannuation Act 1976;

(g) Superannuation Act 1990;

(h) Superannuation Benefits (Supervisory Mechanisms) Act 1990;

(i) Superannuation (Productivity Benefit) Act 1988;

(j) Superannuation Guarantee (Administration) Act 1992;

(k) Public Employment (Consequential and Transitional) Amendment Act 1999; and

(l) Fair Work Act 2009

1.7. Delegation

The chief executive officer may delegate or authorise a person to perform any of the chief executive officer powers or functions under this Agreement. A power exercisable by a manager or supervisor under this Agreement may be exercised by the chief executive officer.

1.8. Preservation of entitlements

1.8.1. Where an employee joins the Mint on or after seven days after the approval date from an employer staffed under the Public Service Act 1999, the Parliamentary Service Act 1999, or from the AcT Government service, accrued annual leave and personal/carer’s leave (however described) will be transferred, provided there is no break in continuity of service.

1.8.2. long service leave will be covered as under the Long Service Leave (Commonwealth Employees) Act 1976. The minimum requirement will be an absence of seven calendar days as per clause 6.5.

1.8.3. The entitlement to access accrued credits of leave, and any future entitlement to recreation leave and other paid leave, shall be in accordance with the entitlements in this Agreement.

1.9. Guidelines and policies

Any guidelines, policies or procedures referred to in this Agreement are subject to the dispute resolution process contained within the Agreement.

Royal austRalian Mint EntERPRisE aGREEMEnt 2011–2014 employee involvement 9

2. EMPLOYEE INVOLVEMENT

2.1 Mint Consultative Forum

2.1.1. In addition to the provisions contained at clause 17.2, direct communication between employees and management will be a cornerstone of this Agreement and a range of formal and informal consultative arrangements will support this. The Mint consultative forum will be a forum for consultation about workplace matters and will also serve as the workplace agreement group for consultation about the Agreement for employees and their representatives. The forum will comprise management representatives appointed by the chief executive officer, two representatives elected by the production department, two from the remainder of the staff and a union representative from each union which is party to this Agreement. The elected representatives will have a term extending over the life of this Agreement, with the chief executive officer as chair. Meetings of the consultative forum may be convened at the request of any member of the forum, but there must be at least four per year.

2.1.2. Against this background we agree to:

• discussworkplaceissuesinaspiritofcooperationandtrust;

• operatewithformalconsultativearrangementsandworkcooperativelytoensure their continued effectiveness; and

• ensureemployeesreceiveinformationonworkplaceissuesthataffectthem,areadvised of business progress and impacts of new programs and also have the opportunity to contribute their views on such issues.

2.1.3. consistent with clause 1.3, we also agree to work together on the development and maintenance of measures aimed at enhancing productivity and efficiency in the interests of the Mint as a business unit of government.

2.1.4. The Mint recognises the integral role of employees and where they choose their representatives in developing, negotiating and implementing this Agreement. To assist all parties to the Agreement in meeting their obligations under this Agreement, the chief executive officer will make available appropriate facilities, such as the Mint consultative forum to further the objectives of the Agreement. Refer to Appendix c for ‘Principles for workplace delegates’.

2.2 Representation

The Mint recognises that employees may in matters concerning their employment have representation of their choice, in which event the Mint will deal with that representative in good faith. for the avoidance of doubt such representative(s) may speak or act as an advocate on the employee’s behalf. A person requested by an employee to represent their interests in dealing with workplace issues may include a colleague, an employee representative on the consultative forum or a union representative.

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2.3 Freedom of association

The Mint neither encourages nor discourages membership of organisations of employees. employees are free to choose whether or not to join organisations of employees.

3. ETHICS AND CONDUCT

3.1. Values

The parties to this Agreement agree to commit to and encourage others to commit to the Royal Australian Mint’s behaviours, which are set out in Appendix A and the APs values, which are incorporated in the Public Service Act 1999 and which all APs employees are bound to uphold.

3.2. Code of Conduct

The employees of the Mint are bound by the Australian Public service code of conduct as specified in the Public Service Act 1999.

3.3. Breaches of the Code of Conduct

breaches of the APs code of conduct will be dealt with under procedures established in accordance with s.15 of the Public Service Act 1999. changes to the procedures will be addressed by consultation within the Mint consultative forum.

3.4. Protection of whistle-blowers

Whistle-blowers reports will be dealt with under procedures established in accordance with Div 2.2 of the Public service Regulations. changes to the procedures will be addressed by consultation within the Mint consultative forum.

4. WORKFORCE PLANNING AND ASSIGNMENT OF DUTIES

4.1. Engagement of employees

4.1.1. The chief executive officer or their delegate may engage persons as employees for the purposes of the Mint:

(a) as ongoing employees; or

(b) for a specified term or for the duration of a specified task; or

(c) for duties that are irregular or intermittent.

4.1.2. casual employees (or employees engaged for duties that are irregular or intermittent) will receive a salary loading of 20% in lieu of public holidays not worked, and all paid leave entitlements, other than long service leave. such employees will accrue long service leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976. The loading is calculated in accordance with the employee’s base annual salary rate.

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4.1.3. casual employees may access unpaid leave for personal, carer’s, compassionate and bereavement purposes.

4.1.4. The usual basis of engagement is as an ongoing employee. However, management reserves the right to engage non-ongoing employees, including those that are employed through employment agencies, and other forms of temporary assistance, as required from time to time.

4.1.5. engagements for a specified term or for the duration of a specified task will be subject to such procedures and limitations as are prescribed by regulations under the Public Service Act 1999.

4.1.6. If a particular work requirement is met by use of non-ongoing employment or other arrangements for a period in excess of two years, the chief executive officer will review the work requirements to determine whether ongoing employment arrangements should be used, taking account of input from the Mint consultative forum.

4.2. advertising of jobs

4.2.1. The chief executive officer may reassign an employee to a vacant job at the same work value classification without the requirement to advertise or conduct a competitive merit selection process. However, if a new or vacated job is to be filled for 12 months or more on an ongoing or non-ongoing basis, a merit selection exercise will be held.

4.2.2. The chief executive officer may reassign an employee to a vacant job at level without the need to conduct a competitive merit selection, to avoid an excess staff situation.

4.3. notice of engagement

At the time of appointment or engagement the chief executive officer will inform each employee in writing of the terms of engagement, including:

• thetypeofemployment;

• whetheraprobationaryperiodapplies;ifso,theexpecteddurationoftheperiodisthreemonths which may be extended to a maximum of nine months;

• ifthepersonisengagedasafixedtermemployee,theprojectortaskinrelationtowhichthe person has been engaged and/or the duration of the engagement;

• alistofmaininstrumentsgoverningthetermsandconditionsoftheiremployment;and

• therequirementforanappropriatesecurityclearance.

4.4. assignment of duties

basic responsibilities and requirements of employees are set out in job specifications, which take account of Work level standards and competency guidelines. no job is to be advertised for ongoing or long-term non-ongoing filling without review and updating of the associated job specification.

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4.5. induction training

4.5.1. All staff, whether ongoing or non-ongoing, are to receive induction training within one month of commencement, to ensure they are familiar with the values, organisation, functions, policies and priorities of the Mint, together with an understanding of each person’s role, rights and responsibilities.

4.5.2. All new staff will be provided with comprehensive induction training in accordance with the Mint Induction Policy and include security, quality assurance and oHs policies and procedures. The Mint recognises the right of unions covered by this agreement to address new employees in regard to union membership and will facilitate access in accordance with Appendix c of this Agreement.

5. HOURS OF WORK

5.1. statement of intent

It is the responsibility of managers to recognise that employees need to balance their work and private commitments, and therefore managers should ensure that, subject to operational requirements, employees are able to make use of the flexibility in terms of working hours (including part-time employment, utilisation of flex time credits, access to time off in lieu, and payment for overtime where eligible), and of the annual leave entitlements provided for under this Agreement. It is the responsibility of individual employees to consult their managers in accessing these conditions, and to be aware that the operational requirements of the Mint are paramount and may limit access to some conditions at certain times.

5.2. Hours of duty

5.2.1. standard hours for all employees covered by this Agreement will be 75 hours per fortnight. A standard day, subject to variation in accordance with flex time provisions and operational requirements, is 8.00am to 12.00pm and 12.30pm to 4.00pm. The standard flextime bandwidth is from 7.30am until 6.30pm.

5.2.2. All employees are required to record their arrival and departure times, by whatever method is determined by the chief executive officer from time to time. Any exception to the standard attendance recording procedure is to be approved by the chief executive officer.

5.3. Part-time work

5.3.1. The Mint is committed to helping employees achieve a balance between the demands of work and their personal responsibilities. The provision of part-time working arrangements is a significant contributor to that objective and the chief executive officer will agree to reasonable requests for regular part-time work, subject to operational requirements.

5.3.2. A part-time employee is one who works a regular number of hours and whose regular hours of work are less than the standard hours, that is, less than 75 hours per fortnight or 150 hours in a four week settlement period.

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5.3.3. Remuneration and other benefits for part-time employees will be calculated on a pro rata basis.

5.3.4. In relation to expense related allowances, an employee to whom sub clause 5.3.1 applies will receive entitlements specified in the relevant clauses of this Agreement.

5.3.5. Proposals to vary part-time hours may be initiated by managers or by the employee. This would include varying between part-time and full-time, and vice versa. The delegate on receiving an application will consider the employee’s personal circumstances and determine if they can be satisfied within operational requirements. An employee has the right to refuse management initiated part-time arrangements.

5.3.6. A full-time employee who becomes part-time may revert to full-time hours, subject to operational requirements and the requirements of sub clause 5.3.5.

5.4. Flextime

5.4.1. The Mint recognises and emphasises the importance of balancing work life and personal life. The appropriate balance is a critical element in developing and maintaining healthy and productive staff. Managers will coordinate and balance workloads within their responsibility to ensure that the principle is applied and operating efficiency is maintained. senior Managers will closely monitor and evaluate the work patterns and arrangements within their responsibility, to ensure both the work team and the workload for productive outcomes within the flextime bandwidth are managed effectively.

5.4.2. In circumstances where work pressures result in staff being required to work, or being likely to work, outside their bandwidth hours, the supervisor in consultation with the staff and relevant senior Manager will consider and implement one or more of the following strategies to reduce the risk of the 25 hour maximum amount accumulated during a settlement period being exceeded:

• reviewofworkloadsandpriorities

• paymentofovertime

• reallocationofresources

5.4.3. flextime allows employees to start and finish work at times of their own choosing within a determined bandwidth, subject to the availability of work and the approval (which may be general or specific) of the employee’s supervisor having regard to operational requirements.

5.4.4. flextime is available to all full and part-time employees of the Royal Australian Mint and who are party to this Agreement, with the exception of employees who are at the executive level or equivalent and staff who are required to work according to a shift roster.

5.4.5. The chief executive officer may, where it is necessary to do so for operational or other reasons, either direct that an employee or group of employees in a workplace revert to the hours of a standard day for a period or enter into a local agreement to vary an existing flextime arrangement. These arrangements may be for a


specified time or on an ongoing basis. Access to flexible working arrangements may be restored when the chief executive officer believes it appropriate to do so operationally, or when other reasons have been resolved.

5.5. Flextime hours

5.5.1. flextime bandwidth is the span of hours on a day that an employee may work as part of the flextime scheme. The standard flextime bandwidth is from 7.30am until 6.30pm.

5.5.2. The maximum hours that may be worked in any one day using flextime is 10 hours. Any work beyond 10 hours must be undertaken on the basis of pre-approved overtime.

5.5.3. core time means the period during the day when an employee will perform ordinary duty unless absent on approved leave.

5.5.4. core time hours are from 9.00am to 12.00pm and 2.00pm to 4.00pm.

5.6. Flextime credits and debits

5.6.1. A settlement period means the period of ordinary working days over which calculations are made to determine flextime credit or debit of an employee. The settlement period for this Agreement shall be eight working weeks including public holidays.

5.6.2. A flextime credit is the accumulated amount of time worked by an employee in excess of the standard days in the settlement period, including carryover, but does not include time worked as overtime. An employee may carry over a maximum amount of 25 hours flextime credit from one settlement period into the next settlement period.

5.6.3. flextime debit is the difference between the total hours of the standard days in a settlement period and the hours worked by an employee where the total time worked is less than the sum of the standard days in the settlement period after adjustments have been made for absences of approved leave or flextime carry over from the previous settlement period.

5.6.4. An employee may have a maximum flextime debit of 10 hours. If the flextime debit at any time exceeds 10 hours the employee will have two weeks in which to reduce the flextime debit to 10 hours. The employee may elect for the excess flextime debit to be treated as other leave without pay or may elect to exchange recreation leave credits for flextime debit.

5.6.5. short term absences of one day or less should normally be covered by use of flex leave rather than other forms of leave.

5.6.6. A standard day for a part-time employee is defined by the hours prescribed in their part-time work agreement.


5.7. Executive level working arrangements

5.7.1. With the agreement of the chief executive officer, executive level and equivalent employees may access flexible time-off arrangements to allow for variations in attendance times and short-term absences, including full-day absences. Agreed flexible time-off arrangements cannot be cashed out.

5.7.2. flexible time-off arrangements will be flexibly administered, taking into account operational requirements and the wishes of employees.

5.7.3. Where operational requirements permit, requests for flexible time-off will not be refused. In keeping with its flexible nature, flexible time-off is not expected to recompense for additional hours on a one-for-one basis.

5.7.4. It is expected that an executive level employee will be able to take agreed flexible time-off work as soon as practicable after having worked that time-off (or otherwise within three months), unless otherwise agreed between the employee and their manager. In either event, the agreed flexible time-off will not be lost to the employee.

5.8. unauthorised absence

Where an employee is absent from work without approval, all pay and other benefits provided under this Agreement, eg flexible working arrangements and flextime, will cease to be available until the employee resumes work or is granted leave. When flextime no longer applies, employees will revert to standard hours as defined in subclause 5.2.1.

5.9. overtime

5.9.1. The use of overtime enables Managers to apply additional resources to a task. both overtime and flextime provide opportunities to extend working hours to meet the Mint objectives. An employee may be called on to perform overtime at any time necessary for operational reasons. overtime is not available to staff that have 10 hours or more as a flex time debit.

5.9.2. Paid overtime is available to APs1–6 employees who by prior direction work in excess of seven hours and 30 minutes in a standard day (as defined in sub clause 5.2.1), or perform duty outside the flextime bandwidth.

5.9.3. overtime should be authorised in advance of the overtime performed, with the knowledge of the responsible section manager. only in exceptional circumstances can overtime be performed without prior authorisation, and must be approved in writing by the responsible section manager as soon as possible after the overtime has been worked.

5.9.4. Where a period of overtime is not continuous with ordinary duty, the minimum overtime payment is two hours at the relevant overtime rate. The minimum payment does not apply to each period of overtime in the one day. overtime is considered to be continuous with ordinary duty when the employee does not have a break, other than a meal break, between the periods of ordinary duty and overtime.


5.9.5. An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

• anyrisktoemployeehealthandsafety;

• theemployee’spersonalcircumstancesincludinganyfamilyresponsibilities;

• theneedsoftheworkplaceorenterprise;

• thenotice(ifany)givenbytheemployeroftheovertimeandbytheemployeeof his or her intention to refuse it; and

• anyotherrelevantmatter.

5.10. overtime rates

5.10.1. overtime worked Monday to saturday will be paid at time and a half for the first three hours each day and double time thereafter.

5.10.2. overtime worked on sunday will be paid at the rate of double time.

5.10.3. overtime worked on a public holiday as provided for in this Agreement will be paid at the rate of double time and a half. for duty within standard hours, payment will be at time and a half additional to the single time being paid for the public holiday.

5.10.4. overtime rates will not be paid after 8.00am or prior to 4.00pm on a standard working day.

5.11. Duty overseas outside standard hours

employees are not eligible for overtime during any periods of required work while overseas.

5.12. Meal allowance

5.12.1. If employees are required to work overtime for a continuous period of at least two hours outside the usual span of hours on a normal working day or on a Public Holiday (i.e. Monday to friday) which extends over a meal period, they will be paid a meal allowance. If employees are required to work overtime for a continuous period of at least three hours on a saturday or sunday that commences prior to and ceases after a meal period, they will be paid a meal allowance. for the duration of this Agreement the meal allowance amount will be $21.00, adjusted in accordance with future cPI increases. for the purpose of this subclause a meal period is:

Monday to friday, 7.00am to 9.00am including Public Holidays 6.00pm to 7.00pm midnight to 1.00am

saturday and sunday 7.00am. to 9.00am 12.00pm to 1.00pm 6.00pm to 7.00pm midnight to 1.00am

5.12.2. Meal allowance is only payable if an unpaid meal break of at least 30 minutes is actually taken, except where overtime is continuous with normal duty.


5.12.3. An employee who works extra duty after the end of ordinary hours for the day, to beyond a meal allowance period, without a break for a meal, will be paid a meal allowance in addition to overtime.

5.13. Rest relief after overtime

5.13.1. An employee who works so much overtime that he/she has not had at least nine consecutive hours off duty plus reasonable travel time, will not be required to return to duty and will suffer no loss of pay for ordinary working time until nine consecutive hours off duty plus travel time has occurred.

5.13.2. If an employee is required to resume or continue work, without having time off duty in accordance with sub clause 5.13.1 the employee will be paid at double ordinary rates until the requirements of sub clause 5.13.1 are met.

5.13.3. The provisions of sub clauses 5.13.1 and 5.13.2 do not apply to overtime worked in the circumstances covered by emergency duty unless the actual time worked (excluding travel time) is four hours on each call.

5.14. Emergency duty

emergency duty is where an APs1–6 employee is required by the chief executive officer to attend work on a non-working day or after normal working hours, without being provided with notice of the requirement prior to last finishing work. Where the APs1–6 employee works emergency duty, he or she must be paid overtime rates for all work undertaken plus reasonable travel time to and from work, subject to a minimum payment for four hours.

5.15. Restriction allowance

5.15.1. The purpose of restriction allowance is to compensate staff who need to remain ‘on call’ (available to perform duty) outside the normal working week. staff must be available to perform duty and be significantly limited in their activities during the period in question to be entitled to claim restriction allowance.

5.15.2. employees receiving restriction allowance and who are called to work will be paid overtime in accordance with the provisions of clause 5.9.

5.15.3. Managers are to take into account the fact that placing employees under restriction imposes certain limitations on employees’ free time and should only be resorted to where absolutely necessary. consequently if restriction is essential, in particular facilities Management and security, its period is to be kept to a minimum and where possible shared among a group of employees.

5.15.4. A review will be undertaken to establish whether any other operational areas are critical and eligible for this allowance.

5.15.5. It follows that restriction allowance will not be paid for any period in which an employee either does not remain contactable, does not maintain the required degree of readiness to undertake work-related duties or is not significantly limited in their activities during the period in question.


5.15.6. The fact that employees may be required to carry a mobile phone and remain contactable does not in itself entitle the employee to a payment of a restriction allowance. In these situations, managers should only make out of hours contact in essential and critical situations.

5.15.7. Payment of the Restriction Allowance is subject to approval by the chief executive officer and is as follows;

(a) $10 per day Monday – friday

(b) $20 per day for saturday and sunday

(c) $30 per day for Public Holidays

5.16. time off in lieu

APs1–6 employees who have worked authorised overtime may elect to take time off in lieu of receiving payment. This can also be used to reduce a flex debit. Time off in lieu will be calculated at the applicable overtime rate:

(a) Where the manager/supervisor and the employee agree, on an “hour for hour” basis with an entitlement to a residual payment; or

(b) on a penalty time basis, eg, three hours time off, plus three hours pay at half time, in lieu of three hours overtime at time and half, or alternatively, four and a half hours time off in lieu of pay.

5.17. shiftwork

changes to hours of duty or shift work arrangements will only occur after consultation by the Mint with employees. The following shift penalties will apply:

(a) 17.5% where any part of the rostered shift falls between 6.00pm and 6.30am on weekdays;

(b) 30% where shifts are rostered for more than four weeks and that fall wholly within the hours of 6.00pm and 8.00am on weekdays.

5.18. Public holidays

5.18.1. employees will be entitled to the following public holidays:

• NewYear’sDay(1January);

• AustraliaDay(26January);

• GoodFriday;

• EasterMonday;

• AnzacDay(25April);

• TheQueen’sbirthdayholiday(onthedayonwhichitiscelebratedinaStateorTerritory or a region of a state or Territory);

• ChristmasDay(25December);

• BoxingDay(26December);

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• Anyotherday,orpart-day,declaredorprescribedbyorunderalawofaStateorTerritory 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 from counting as a public holiday.

5.18.2. 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.

5.18.3. The chief executive officer 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.

5.18.4. 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 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.

5.18.5. Where a public holiday falls during a period when an employee is absent on leave (other than annual or paid personal/carers 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 (e.g. if on long service leave on half pay, payment is on half pay).

5.19. annual closedown

5.19.1. The agency will be closed for normal business and staff will not be required to perform normal duty between christmas Day and new Year’s Day. Rostered staff required to work will be paid for closedown.

5.19.2. Part-time staff normally not working on the days of the week on which annual closedown occurs will not be entitled to alternative time off duty.

5.19.3. Payment eligibility for APs1–6 staff required to work during annual closedown will be treated in the same manner as public holidays in determining the appropriate rate of salary payment to apply on those days.

5.19.4. If an APs1–6 employee is rostered to work during annual closedown then the employee may elect to have his/her credit of annual leave increased by the equivalent period, or to receive the equivalent period as time off in lieu. This time off will be negotiated by the staff member and respective senior Manager.

6. LEAVE ENTITLEMENTS

6.1. annual leave

6.1.1. Annual leave is paid leave and counts as service for all purposes. Grants of annual leave are subject to available credits. Where leave is taken in excess of credits, the Mint will take action in accordance with the chief executive’s Instructions to recover any payments and/or adjust credits for the leave taken.

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6.1.2. employees may access their annual leave with the approval of their manager as it accrues. Available annual leave is determined by the limit of accrued leave or calculated on a pro rata basis for part-time employees. Annual leave credits are calculated daily and are credited on 1 January each year, at the rate of 20 days/150 hours per year. Any unused annual leave accumulates.

6.1.3. Where an employee takes leave Without Pay (lWoP) not to count as service for more than 30 calendar days in any one year, annual leave credits will be reduced accordingly on a pro rata basis.

6.1.4. If an employee is recalled to duty, the employee is to be re-credited with the period equivalent to the ordinary duty worked during the annual leave.

6.1.5. If an employee becomes ill during a period of annual leave, the employee may choose to utilise personal leave and apply for re-crediting of annual leave, on condition that they provide satisfactory medical evidence and be unfit for duty for one day or longer.

6.1.6. on separation, employees will be entitled to payment in-lieu of any annual leave credits accrued. An employee’s final rate of salary, including any allowances that are payable during a period of annual leave, will be used in the calculation.

6.1.7. The chief executive officer may approve the cashing out of annual leave with regard to the following:

(a) paid annual leave must not be cashed out if the cashing out would result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks; and

(b) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between the employer and the employee; and

(c) the employee must be paid at least the full amount that would have been payable to the employee had the employee taken the leave that the employee has forgone.

6.2. Purchased leave

6.2.1. Purchased leave aims to provide the employee with the flexibility to access extra leave to assist in balancing work and personal commitments. by agreement with the Mint, an ongoing employee may request to purchase an additional one, two, three or four weeks of annual leave per year. In considering this request regard must be had to the operational requirements of the workplace.

6.2.2. Purchased leave must be scheduled and utilised within the 12 month period in which it is purchased. Purchased leave not taken during this period will automatically be reimbursed in the employee’s pay.

6.2.3. The cost of annual leave purchased (which will vary depending on the employee’s rate of pay and the amount of leave purchased) will be deducted from the employee’s pay.


6.2.4. Any leave not paid for prior to the employee leaving the Mint will be recovered in accordance with the Mint chief executive Instructions.

6.2.5. Purchased leave will count as service for all purposes.

6.3. Personal/Carers leave

6.3.1. Paid personal/carers leave is available to Mint employees when they are absent due to personal illness or injury; where an employee is required to care for a family member or household member; or for unexpected emergency affecting the employee.

6.3.2. An employee may be granted personal/carers leave with pay subject to available credits, without production of appropriate documentation, to the extent of five days in any personal/carers leave year. no more than three consecutive days may be taken without appropriate documentation including leave to care for an immediate family or household member. Appropriate documentation is:

(a) a medical certificate from a health services practitioner (such as doctor, chiropractor, dentist); or

(b) if it is not reasonably practicable for the employee to provide a medical certificate, a statutory declaration made by the employee.

6.3.3. Upon engagement in the APs an ongoing full time employee receives a personal/carers credit of 20 days/150 hours, a further personal/carers leave credit of 20 days/150 hours accrues on completion of each 12 months of service.

6.3.4. A non-ongoing employee who is engaged for a specified period after completion of two months service will accrue 25 hours personal/carers leave with a further 12 hours 30 min accruing per month of employment after that.

6.3.5. Absences of leave without pay totalling 30 calendar days or less per annum do not affect personal/carer’s leave accrual. Absences of leave without pay totalling more than 30 calendar days defer the next accrual by one day for each absence.

6.3.6. An employee is unable to access paid personal/carers leave while on paid maternity leave, adoption leave or foster carer’s leave.

6.3.7. An employee will not, without their consent, be retired on invalidity grounds before the employee’s full-pay personal/carers leave credits have expired, subject to the provisions of subclause 6.3.9.

6.3.8. Where in the case of employees with more than 12 months continuous service, the chief executive officer considers that such treatment is justified, the chief executive officer may:

(a) other than where short absences are involved, allow an employee to convert to leave on full pay so much of the employee’s previously accrued credit on half pay as is necessary for the employee’s purposes; or

(b) in exceptional circumstances where all paid leave is exhausted, grant additional leave on half pay.


6.3.9. An employee receiving workers compensation for more than 45 weeks will accrue personal/carers leave on an hours actually worked basis.

6.4. Compassionate leave / Bereavement leave

6.4.1. staff members will be granted three days paid compassionate leave / bereavement leave on each permissible occasion that a member of his or her family, or household, contracts or develops:

(a) a personal illness that poses a serious threat to his or her life; or

(b) sustains a personal injury that poses a serious threat to his or her life; or

(c) dies.

6.4.2. The staff member may take the period of leave as a single period of three days or any separate period which the senior manager and staff member agree.

6.4.3. The agency may require the staff member to provide evidence of the illness, injury or death in support of the request for leave. The employee’s manager, HR Manager or the chief executive officer have the authority to approve compassionate leave / bereavement leave.

6.5. long service leave

long service leave will accrue and be available to eligible staff in accordance with the Long Service Leave (Commonwealth Employees) Act 1976. Absences must be taken for a minimum of seven consecutive calendar days with the granting of such leave subject to operational requirements.

6.6. Maternity leave

6.6.1. employees are entitled to maternity leave in accordance with the provisions of the Maternity Leave (Commonwealth Employees) Act 1973 and in accordance with Division 5 of the Fair Work Act 2009.

6.6.2. In order to provide more flexible administration of maternity leave, an employee may elect to spread the payment for paid maternity leave up to a period of 24 weeks at a rate of no less than half the normal salary. Any such period of leave in excess of 15 weeks will not count as service for any purpose.

6.6.3. An employee who is entitled to paid maternity leave under sub-clause 6.6.2 is entitled to a period of additional paid leave of three weeks which may be taken at full pay or six weeks at half pay. Where the leave is taken at half pay, only the first three weeks will count as service. This additional paid leave is not paid maternity leave as provided under the Maternity Leave (Commonwealth Employees) Act 1973.

6.6.4. An employee is unable to access personal/carers leave while on paid maternity leave.

6.7. supporting Partner leave

6.7.1. Paid supporting partner leave is available to all eligible employees within four weeks of the birth, fostering or adoption of a child provided that a medical certificate showing the expected date of birth or proof of fostering or adoption has been provided to the employer.


6.7.2. eligibility may also include:

• serviceunderthePSAct,

• servicewithanauthorityprescribedbytheMaternityLeaveRegulations;

• apersonprescribedundertheMaternityLeaveRegulations;or

• servicewithanemployingauthorityestablishedforapublicpurposebyacommonwealth statute.

6.7.3. An unbroken period of two weeks paid supporting partner leave or four weeks at half pay will be available. This leave entitlement can be taken concurrently with any maternity leave, fostering or adoption leave taken by the employee’s partner.

6.7.4. Payment of supporting partner leave will be made at the ordinary rate of pay the employee receives immediately before the period of supporting partner leave begins. Paid supporting partner leave counts as service for all purposes.

6.8. Foster Parent leave

6.8.1. subject to the provisions of this clause, an employee who has assumed long term responsibilities arising from the placement of the child by a permanent “fostering” arrangement:

(a) by a person or organisation with statutory responsibility for the placement of the child; and

(b) where the child is not expected to return to their family,

is entitled to 15 weeks of paid leave which can be taken as 30 weeks at half pay.

6.8.2. To be eligible for foster Parent leave:

(a) an employee must have at least 12 months of continuous APs service and be the primary care giver of the child;

(b) the child cannot have lived with the employee for a period of six months or more, and

(c) the child cannot be a child of the employee or the employee’s partner, unless that child had not been in the custody and care of the employee or the employee’s partner for a continuous period of six months or more.


• serviceunderthePSAct,




6.8.4. Where an employee is granted foster Parent leave, the leave must be taken in one continuous period and be taken during the period commencing one week prior to assuming responsibility for the child and ceasing 12 months after assuming responsibility.


6.8.5. Where the fostering arrangement is terminated during the period of foster Parent leave then the leave will cease.

6.9. adoption leave

6.9.1. Within 12 months of the adoption of a child up to 16 years old, a staff member who will be the primary care giver will receive 15 weeks paid adoption leave and unpaid adoption leave up to a total of 52 weeks. The paid miscellaneous leave may commence up to one week prior to assuming responsibility for the child. This adoption leave may be taken as 30 weeks half pay.

6.9.2. subject to the provisions of this clause,

(a) an employee must have at least 12 months of continuous APs service

(b) the adopted child cannot have lived with the employee for a period of six months or more, and

(c) the adopted child cannot be a child of the employee or the employee’s partner, unless that child had not been in the custody and care of the employee or the employee’s partner for a continuous period of six months or more.

6.9.3. Where both parents are eligible employees in the Mint they may share the 15 weeks for the period that they are the primary care giver.





6.9.5. Any such period of leave in excess of 15 weeks will not count as service for any purpose.

6.10. Flexible Working arrangements for Parents

6.10.1. An employee who is a parent, or has responsibility for the care of a child under school age or a child under 18 who has a disability, may request flexible working arrangements, including part-time hours. The employee is not eligible to make this request unless they have completed at least 12 months of continuous qualifying service (the chief executive officer may waive this requirement in exceptional circumstances).

6.10.2. A casual employee engaged for irregular or intermittent duties may only request flexible work arrangements if the employee:

(a) is a long term casual employee immediately before making the request; and

(b) has reasonable expectation of continuing employment on a regular and systematic basis.

note: ‘long term casual employee’ is defined at s.12 of the Fair Work Act 2009.


6.10.3. A request made in accordance with clause 6.10.1 must be in writing and set out details of the change sought and the reasons for the change. The chief executive officer will respond in writing to the request within 21 days and will only refuse on reasonable business grounds. Where the request is refused, the response will include reasons for the refusal.

6.10.4. for the purposes of this clause:

(a) ‘qualifying service’ means service that is recognised for redundancy pay purposes;

(b) ‘casual’ means an employee engaged on an irregular or intermittent basis.

6.11. Return to work after parental leave

6.11.1. on ending parental or maternity leave, an employee is entitled to return to:

(a) the employee’s pre-parental/maternity leave duties; or

(b) if those duties no longer exist – an available position for which the employee 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.

6.11.2. for the purposes of this clause, duties means those performed:

(a) if the employee was moved to safe duties because of the pregnancy – immediately before the move; or

(b) if the employee began working part-time because of the pregnancy – immediately before the part-time employment began; or

(c) otherwise – immediately before the employee commenced maternity or parental leave.

6.11.3. All employees returning from parental leave (including Maternity, supporting Partners, Adoption and foster Parent leave) will have access to part-time work in accordance with clause 5.3 until the child has attained school age.

6.12. study leave

6.12.1. The chief executive officer or their delegate may, on application by an employee, approve the employee undertaking a course of study at an institution during a period approved by the chief executive officer, having regard to the following:

(a) the financial resources and operational needs of the Mint;

(b) the effective work performance of the approved student;

(c) the skill needs of the APs;

(d) the career and personal development need of the approved student;

(e) the benefit to the Mint, the APs or the approved student in any other way; and

(f ) the number of hours of study required in the case of an application for part-time study.


6.12.2. The chief executive officer or their delegate may approve full or part-time study and/or any associated costs or part costs in accordance with the criteria above, together with reasonable travel time associated with part-time study. Access to financial assistance will be approved in principle at the commencement of the period of approved study and paid when evidence of successful completion of study is provided. Higher education loan Programme (HelP) fees will not be paid as part of any Mint financed part-time study.

6.13. Defence Reserve leave

6.13.1. An employee may be granted leave (with or without pay) to enable the employee to fulfil Australian Defence force (ADf) Reserve and continuous full Time service (cfTs) or cadet force obligations.

note: The entitlement to leave for Reserve service is prescribed under the Defence Reserve Service (Protection) Act 2001.

6.13.2. An employee is entitled to ADf Reserve leave with pay, for up to four weeks during each financial year for the purpose of fulfilling service in the ADf Reserve. These purposes include training and operational duty as required.

(a) During the employee’s first year of ADf Reserve service, a further two weeks paid leave may be granted to facilitate participation in additional ADf Reserve training, including induction requirements.

(b) With the exception of the additional two weeks in the first year of service, leave can be accumulated and taken over a period of two years, to enable the employee to undertake training as a member of the ADf Reserves.

(c) employees are not required to pay their tax free ADf Reserve salary to the agency in any circumstances.

6.13.3. Defence Reserve leave counts as service for all purposes, except for unpaid leave to undertake continuous full Time service (cfTs). Unpaid leave for the purpose of cfTs counts for all purposes except annual leave.

6.13.4. eligible employees may also apply for annual leave, long service leave, leave without pay, top-up pay or they may use flextime or make up time for the purpose of fulfilling ADf Reserve, cfTs or cadet force obligations.

6.13.5. employees are to notify supervisors at the earliest opportunity once the dates for ADf Reserve, cfTs or cadet force activities are known and/or changed.

6.14. other leave with pay

The chief executive officer may grant other paid leave for a variety of purposes not covered by other leave types having regard to the operational needs of the Mint. Where other leave is refused the HR manager will advise the employee in writing of the reason for the decision. other leave without pay does not count as service for any purpose. other paid leave may be granted as follows:

(a) Defence training, enlistment and deployment;

(b) War service sick leave (Veterans’ Entitlement Act 1986)


(c) emergency service duties that encompass leave for regular training, or emergency services responses, reasonable recovery time and ceremonial duties, in accordance with Mint guidelines;

(d) Jury service;

(e) days of cultural or religious significance;

(f ) any other approved purpose, including attendance as a witness or representative at industrial proceedings directly involving the Mint, provided the provisions of clause 17.3 “Dispute resolution Term” have been complied with and subject to the operational requirements of the Mint.

(g) Paid leave is provided for employees to participate in activities related to nAIDoc week.

(h) crisis leave

• TheMintrecognisesthattherearetimeswhenaccidents,orpersonalemergenciesof an urgent and unforeseen nature arise which require employees to be absent from the workplace for a period of time.

• TheChiefExecutiveOfficerhasthediscretiontoprovideanemployeewithuptotwo weeks paid leave where they consider it appropriate and the employee has no other appropriate form of leave to cover the absence. The decision to grant the leave should be made within a reasonable period of the personal crisis occurring.

(i) Paid leave will be granted, with the approval of the chief executive officer, to an employee of Aboriginal of Torres strait Islander descent for ceremonial purposes:

• connectedwiththedeathofamemberoftheimmediatefamilyorextendedfamily;or

• forotherceremonialobligationsunderAboriginalandTorresStraitIslanderlaw.

The maximum period of ceremonial leave that may be granted is 10 days in any period of two years and does not count as service for any purpose.

6.15. other leave without pay

The chief executive officer may grant other unpaid leave for a variety of purposes not covered by other leave types having regard to the operational needs of the Mint. Where other leave is refused the HR manager will advise the employee in writing of the reason for the decision. other leave without pay does not count as service for any purpose. other unpaid leave may be granted as follows:

(a) employment in the interests of the Mint or the APs;

(b) Days of cultural or religious significance for employees;

(c) Accompanying a spouse on a posting;

(d) Parental, adoption leave or foster carer’s leave (in accordance with clauses 6.6, 6.7, 6.8 and 6.9);

(e) Personal development training;

(f ) Any other approved purpose.

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7. PROMOTION AND REASSIGNMENT OF DUTIES

7.1. Promotion

subject to definitions as set out in Public service commissioner’s Directions, promotion occurs when, as a result of a competitive selection process:

• anongoingMintemployeeisreassignedonapermanentbasistodutiesatahigherclassification within the Mint salary structure; or

• whenapersonfromelsewhereintheAPSmovestotheMintonanongoingbasisatahigher equivalent classification.

7.2. Reassignment of duties

7.2.1. A Mint employee may be reassigned on either an ongoing or a temporary basis to another job of the same work value classification in the Mint classification structure, or on a temporary basis to another job at a higher work value classification. Decisions on such reassignments are to be made without patronage or favouritism, and in accordance with any regulations or directions under the Public Service Act 1999.

7.2.2. The chief executive officer may approve on a temporary or ongoing basis, reassignment on reduction for an employee who makes such a request in writing. In examining the request consideration should be given to the following:

• thewishesoftheemployeeincludingtheirpersonalcircumstances;

• theoperationalrequirementsoftheMint.

7.2.3. Any such approval must be in writing and include:

• theemployee’sname;

• theemployee’ssubstantiveclassificationandpaypoint;

• theclassificationandpaypointatwhichtheemployeewillbepaidwhileontemporary or ongoing reassignment;

• howtheresponsibilitiestobeperformedatthatclassificationdifferfromthoseofthe employee’s normal job;

• thecommencementandcessationdateofthereassignment;and

• aclearstatementthattheemployeeagreestothetemporaryreassignment.

7.2.4. Where, at the time of engagement or movement into the Mint an employee’s salary is set at an incorrect salary point within the applicable salary scale, the chief executive officer may determine (in writing) the payment of the employee’s salary at the correct salary point.

7.2.5. At the discretion of the chief executive officer, where an employee moving to the Royal Australian Mint has a salary in their previous agency (current salary) that exceeds the rate the employee would otherwise be entitled to under this Agreement, the employee will be maintained on their current salary until such time as their salary is absorbed by the Royal Australian Mint pay increases.

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7.2.6. The classification of a Royal Australian Mint employee may be reduced without the employee’s consent only in accordance with the provisions of s.23(4) of the Public Service Act 1999.

8. CLASSIFICATION AND REMUNERATION

8.1. Classification

8.1.1. Job design is an important part of the process of job analysis to determine the appropriate classification and pay for a job. Jobs are allocated to one of the Mint classifications according to established work value criteria. The only basis on which a job can be reclassified to another pay band is if there is a substantial change in responsibilities or complexity of the work required to be done, as assessed against the Mint Work level standards, 2010 (Wls).

8.1.2. During the life of this Agreement all role statements will be reviewed to ensure accuracy and currency of the work being undertaken and assessed against the Wls.

8.1.3. Under this Agreement, there is one Mint broadband where employees can progress between APs1 and APs2 on assessment (soft barrier progression) rather than a merit process.

8.2. Remuneration

8.2.1. salaries will be paid fortnightly through electronic funds transfer to a financial institution nominated by the employee’s choice. The fortnightly rate of pay will be ascertained by applying the following formula:

fortnightly pay = Annual salary x 12/313

8.2.2. Where an employee commences in or is promoted to a job in the Mint, salary will be at the minimum pay point of the relevant salary range, or at a point or salary determined by the chief executive officer having regard to the experience, qualifications and skills of the employee.

8.2.3. The arrangements and provisions contained within this Agreement have been developed and will be implemented within the context of the Mint approved budget.

8.2.4. salaries payable to employees of the Mint whose employment is subject to this Agreement are increased;

(a) by 4% starting on commencement of this Agreement;

(b) 2.5% on 1 July 2012;

(c) 2.5% on 1 July 2013

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8.3. incentive Payments

8.3.1. To assist in driving the Mint’s strategic objectives, and ensure that benefits from operational efficiencies that lead to improved profitability are shared by all Mint employees, incentive payments may be made.

8.3.2. The incentive payments will apply to profitability outcomes emanating from the numismatic business line (nbl). The nbl is the commercial arm of the Mint, and produces a range of high quality collector coins (numismatic coins) which are sold through mail order operations; e-commerce; a network of domestic and international coin dealers; and the Mint shop. The commercial activities also involve the production for corporate customers of medals and awards, as well as tokens, medallions and jewellery items.

8.3.3. The Mint will issue incentive payments to eligible Mint staff if nbl profit targets are achieved for financial years 2012–13 and 2013–14.

for purposes of applying the incentive payment, “profit” means the audited net operating results after tax for the relevant financial years as reflected in the Australian national Audit office (AnAo) Independent Auditor’s Report.

To be eligible for incentive payments, Mint staff must be a current employee and have worked continuously at the Mint for a minimum period of twelve months.

At the discretion of the chief executive officer, staff with less than 12 months continuous service may be paid the incentive payment, on the achieved KPIs as outlined in their PDs. There is no provision for pro rata payments for part year service.

8.3.4. The incentive payments will be based on the following table.

Year 2 (2012–13) Year 3 (2013–14)

Base incentive profit target $1.3 Million $1.6 Million

Base adjustment 0.5% 0.5%

Level 1

Profit Target $2.0 Million $2.8 Million

One-off incentive payment $750 per employee $1,250 per employee

Level 2

Profit Target $2.4 Million and above $3.2 Million and above

One-off incentive payment $1,000 per employee $1,500 per employee

If the base incentive profit target is achieved within the financial year as per the table above, eligible Mint staff will receive an additional 0.5% increase to their existing base salary. If the level 1 or 2 profit targets are achieved, as per the table above, there will be a one-off incentive payment made to eligible staff. This payment will not count as salary for superannuation.

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8.3.5. Timing of payments

The one-off incentive payment will be made in the first pay-run following the release of the annual AnAo Independent Auditor’s Report confirming the achieving of the profit targets and will apply from 1 July 2012 and 1 July 2013, retrospectively.

8.3.6. Transparency and reporting

To ensure that all Mint staff are kept fully aware of the Mint’s financial status and its progress towards achieving the profit targets, the Mint will provide to all staff estimated and unaudited operating results for the quarter and financial year-to-date in the months of october, January, and April.

8.4. the Mint Performance Development scheme

8.4.1. The Mint Performance Development scheme provides for ongoing feedback on, and annual formal appraisal of, all Mint employees against performance agreements established at or near the beginning of the appraisal cycles (July each year).

8.4.2. Performance agreements are to record:

(a) the general responsibilities of the employee’s job as agreed with his/her manager/supervisor, having a general regard to relevant Mint Work Value standards/APs levels;

(b) performance factors, relating as far as is practicable to the branch/operation Plan and associated strategies included in the Mint strategic Plan, on which it is agreed the employee’s job performance will be appraised by his/her immediate manager/supervisor;

(c) behavioural factors, relating in particular to the Mint values, in relation to which it is agreed that the employee either needs to improve or can make a special contribution; and on which an appraisal can be based.

8.4.3. Appraisals under the Performance Development system determine whether an employee is to be advanced within the relevant pay band. Any advancement within the salary bands will be subject to satisfactory performance and in accordance with the Mint PDs Guidelines. Appraisals also provide a basis for management of any underperformance and the ability to identify the need for development.

8.4.4. Detailed procedures for the operation of the system are set out in the Mint PDs Guidelines.

8.4.5. All decisions in relation to the Performance Development system will be based on fairness and equity in accordance with the Mint behaviours and APs values.

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8.5. salary packaging

ongoing Mint employees will have access to flexible remuneration packaging, according to the following principles:

(a) the scheme is subject to administrative and audit trail arrangements;

(b) the amount deducted from salary must cover all costs to the Mint;

(c) where employees take up the option of remuneration packaging on a ‘salary sacrifice’ basis, the employee’s salary for purposes of superannuation, severance and termination payments will be determined as if the salary sacrifice arrangements had not been entered into;

(d) employees are responsible for obtaining their own financial advice on salary packaging.

8.6. support salary for employees with a disability

employees who have a disability to the extent that they meet the impairment criteria for the Disability support Pension may be employed under this Agreement and be paid a supported salary, appropriate to the pay band in which employed, at a rate specified in Appendix b.

8.7. apprentice, trainee and graduate rates

8.7.1. Apprentices will be paid an annual salary calculated, to the nearest dollar, by applying percentages specified by the length of service and/or age listed in schedule 5.

8.7.2. entry level Mint employees, who are required to undertake the Public Administration Traineeship (PAT) will be paid in accordance with the rates set out in the tables shown at schedule 5.

8.8. superannuation

8.8.1. Where an employee 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 employees 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 and will not be reduced below this rate.

8.8.2. staff may choose any approved superannuation fund as long as it can accept employer contributions by electronic funds transfer (efT).

8.8.3. Any other fees applied by a chosen fund in regard to the administration of the staff member’s superannuation contributions via super choice will be the staff member’s responsibility.

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9. ALLOWANCES AND EXPENSES

9.1. temporary assignment of duties

9.1.1. Reasonable periods of reassignment to perform duties of higher work value can be useful for personal development purposes. such reassignments should be taken into account when appraising the performance of an employee under the PDs.

9.1.2. Where an employee agrees to undertake a temporary re-assignment at a higher level for a continuous period of 10 working days (inclusive of public holidays) or more, the employee will be paid their annual salary for the full period at a rate agreed consistent with the classification for the temporary re-assignment.

9.1.3. Temporary re-assignments of less than 10 working days will be regarded as providing opportunities for development and will not attract an increase in annual salary. However, if a period initially assessed as less than 10 days extends to or beyond 10 days the employee will be paid at the increased rate of pay for the whole of the period.

9.1.4. The chief executive officer may also approve payment at a higher pay point where there is a pattern of regular performance in the same higher level job: for example, an employee required to work in a higher position regularly over a set period (eg. six months) will be eligible for payment for all days in excess of the first 10 within a calendar year.

9.1.5. An employee will continue to receive payment at a higher classification while on paid leave and during public holidays for the period that the temporary assignment would have continued but for the leave or the public holiday. Pay will be calculated on a pro rata basis where the leave is not at full pay.

9.1.6. An employee may be nominated to partially perform the duties of a higher classification and may not possess the formal qualifications or have the capacity to undertake the full range of duties required for that position. In this case, they may be paid at a rate lower than specified in the salary rate. The amount will be based on the work to be performed for the temporary assignment, taking into account the classification and agreed to by all parties.

9.2. travel

9.2.1. An allowance for meals and incidental expenses is payable to an employee who travels on official business and is away from home overnight. This allowance is in addition to the cost of conveyance. The allowance will be paid as close as possible to the time of travel by electronic funds transfer.

9.2.2. The allowance rates to apply for the period of this Agreement, for travel including overnight stays, are set out in the Royal Australian Mint Travel Policy.

9.2.3. Accommodation for employees travelling on official business is to be arranged and paid in advance wherever possible. Where this is not practical, an advance may be provided to the employee based on these rates.

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9.2.4. Travel allowance may be adjusted by the chief executive officer where there is sufficient evidence that the allowance paid to an employee is either insufficient, or in excess of expenses.

9.2.5. The standard class of travel by air within Australia is economy class. Unless otherwise agreed in particular cases, employees travelling on official business overseas will travel business class. further information can be found in the Royal Australian Mint overseas Travel Policy.

9.3. Motor vehicle allowance

The chief executive officer or delegate may authorise an employee to use a private car owned or hired by the employee at their own expense for official purposes, where the chief executive officer considers that it will result in greater efficiency or involve less expense for the Mint. such authorised employees will receive a Motor Vehicle Allowance of 60 cents per kilometre, or as reviewed at the discretion of the ceo as set out in schedule 6, point 4.

9.4. Healthy lifestyle allowance

9.4.1. An ongoing employee who has at least three months of continuous employment in the Mint will be paid $250 per financial year to help meet the cost of activities and/or equipment that assists them to maintain a healthy lifestyle. Payment will be subject to Mint guidelines.

9.4.2. The Mint will provide a pool of funds through the budget process, equivalent to $50 for each employee, to pay for professional providers to host a range of in-house activities to help maintain employee health, wellbeing and fitness. These funds will be managed by the oHs Manager in consultation with the oHs committee and form part of the oHs wellbeing program.

9.5. Volunteer allowances

9.5.1. All employees who nominate for first aid officer, harassment contact officer, mental health first aid officer or health and safety representative will be confirmed by the oHs Manager to receive an allowance. The holding of relevant qualifications does not guarantee appointment.

9.5.2. emergency wardens are appointed by the chief Warden on the basis of workplace needs.

9.5.3. Those volunteers who are unable to undertake their duties appropriately may have their responsibilities and allowance withdrawn.

9.5.4. first Aid officer and emergency warden roles may not be undertaken simultaneously due to conflicting role requirements in emergency situations.

9.5.5. Where an employee holds two or more roles the weekly allowance will be capped at $17.

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Volunteer category Responsibilities Allowance

Appointed First Aid Officer (FAO)Initially a Workplace Level II accredited course or HLTFA301B Apply first aid or Senior First Aid (or equivalent) accredited course for persons designated as responsible for rendering first aid.

• Complete kit inventory inspection• Training attendance• Attendance at emergency incidents

$10.00 per week

Appointed First Aid Officer (FAO) with first aid room responsibilitiesInitially a Workplace Level II accredited course or HLTFA301B Apply first aid or Senior First Aid (or equivalent) accredited course for persons designated as responsible for rendering first aid. In addition the First Aid Officer with responsibility for the first aid room will complete an Occupational First Aid accredited course and pre-requisites (or equivalent).

• First aid room inspection• Complete first aid room inventory inspection• Training attendance• Attendance at emergency incidents

$13.00 per week

Emergency WardenThis allowance will only be paid to employees who have successfully completed a recognised training program approved by the Mint.

• Attending training and emergency debrief sessions

• Undertaking emergency warden duties detailed in EMS

• Reporting potential emergency-related hazards to Chief Warden and section supervisor

$10.00 per week

Harassment Contact Officer OR Mental Health First Aid OfficerThis allowance will only be paid to employees who have successfully completed a recognised training program approved by the Mint.

• Provide a ‘first point of contact’ for people with enquiries related to discrimination, harassment and bullying OR mental anxiety / illness

• Assist parties to work towards a solution by encouraging them to generate options for dealing with their particular concern

$10.00 per week

Health and Safety Representative allowanceThis allowance will only be paid to employees who have successfully completed a recognised training program approved by the Mint.

• Attending OHS meetings every two months• Provide generic advice on health and safety

matters

$10.00 per week

9.6. Removal expenses

Payment of removal expenses will be determined and approved by the chief executive officer where a person recruited to the Mint has to relocate from another city or town in Australia to take up duty.

9.7. other Mint allowances

other Mint allowances are set out at schedule 6.

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10. REDEPLOYMENT, REDUCTION AND RETRENCHMENT

10.1. Management of excess employees

10.1.1. The following provisions apply only to excess ongoing employees, excluding employees on probation. They do not apply to any category of non-ongoing employees.

10.1.2. An employee is an excess employee if:

(a) they are in a class of employees employed in the Mint which comprises a greater number of employees than necessary for the efficient and economical working of the Mint; or

(b) the services of the employee cannot be effectively used because of technological or other changes to work methods or changes in the nature, extent or organisation of the function of the Mint; or

(c) where the duties usually performed by the employee are to be performed at a different locality, the employee is not willing to perform duties at the locality and the chief executive officer has determined that these provisions will apply to that employee.

10.2. Consultation

10.2.1. When the chief executive officer is aware that an employee(s) is/are likely to become excess, the chief executive officer will at the earliest practicable time inform the employee(s) and where they choose, their representatives, of the situation.

10.2.2. Discussions with the potentially excess employee(s) will be held to consider:

(a) redeployment opportunities for the employee(s) concerned; and

(b) whether voluntary retrenchment might be appropriate.

10.2.3. The chief executive officer may, prior to the conclusion of these discussions, invite employees who are not excess employees to express interest in voluntary retrenchment, where the retrenchment of those employees would permit the redeployment of employees who are in a redundancy situation.

10.2.4. The chief executive officer may:

(a) having held discussions referred to in clause 10.2.2; and

(b) unless the employee consents to a shorter period, not less than four weeks after informing the employee in accordance with clause 10.2.1 that they are likely to become excess, inform the employee in writing that they are an excess employee.

10.2.5. excess employees are entitled to have access to information on the amount of their severance pay; pay in lieu of notice and paid up leave credits; the amount of their accumulated superannuation contributions; options open to them concerning superannuation; and the taxation rules applying to the various payments.

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10.3. Voluntary retrenchment

10.3.1. Where the chief executive officer invites in writing an excess employee to accept voluntary retrenchment, the employee will have one month to accept the offer. The chief executive officer will not give notice of termination under s.29 of the Public Service Act 1999 on the grounds that the employee is excess to the requirements of the Agency before the end of that period or until such election is received (in circumstances where the election is received before the end of that period).

10.3.2. Where the employee accepts an offer of voluntary retrenchment, the chief executive officer can terminate the employee’s employment under s.29 of the Public Service Act 1999 on the grounds that the employee is excess to the requirements of the Agency and give the required notice of termination. The period of notice will be four weeks (or five weeks for an employee over 45 with at least five years of continuous service).

10.3.3. Where an employee’s employment is terminated at the beginning of, or within the notice period, the employee will receive payment in lieu of notice for the unexpired portion of the notice period.

10.3.4. only one offer of voluntary retrenchment will be made to an excess employee.

10.3.5. The same period of notice applies to employees who are involuntarily retrenched provided that the notice of termination will as far as practicable be concurrent with the retention period.

10.4. severance benefit

10.4.1. An employee whose employment is terminated under s.29 of the Public Service Act 1999 on the grounds that the employee is excess to the requirements of the agency, is entitled to be paid a sum equal to two weeks salary for each completed year of continuous commonwealth service, plus a pro rata payment for completed months of service since the last completed year of service, subject to any minimum amount the employee is entitled to under the national employment standards. The minimum sum payable will be four weeks salary and the maximum will be 48 weeks salary.

10.4.2. for earlier periods of commonwealth service to count there must be no breaks between periods except where:

(a) the break in service is less than one month and occurs where an offer of employment with the new employee was made and accepted by the employee before ceasing employment with the preceding employer; or

(b) the earlier period of service was with the APs and ceased because the employee was deemed to have resigned from the APs on marriage under the repealed s.49 of the Act.

10.4.3. The severance benefit will be calculated on a pro rata basis for any period where an employee has worked part-time hours during their period of service and the employee has less than 24 years full time service.

reDeployment, reDUction anD retrencHment EntERPRisE aGREEMEnt 2011–2014 Royal austRalian Mint38

10.4.4. service for severance pay purposes means:

(a) service in the Mint;

(b) Government service as defined in s.10 of the Long Service Leave Act 1976;

(c) service with the commonwealth (other than service with a Joint commonwealth-state body corporate in which the commonwealth does not have a controlling interest) which is recognised for long service leave purposes;

(d) service with the Australian Defence forces;

(e) APs service immediately preceding deemed resignation, if the service has not previously been recognised for severance pay purposes; and

(f ) service in another organisation where an employee was transferred from the APs to that organisation with a transfer of function or an employee engaged by that organisation on work within a function is appointed as a result of the transfer of that function to the APs and such service is recognised for long service leave purposes.

10.4.5. Any period of service which ceased through termination on any of the following or equivalent grounds;

(a) the employee lacks, or has lost, an essential qualification for performing his or her duties;

(b) non-performance, or unsatisfactory performance, of duties;

(c) inability to perform duties because of physical or mental capacity;

(d) failure to meet a condition imposed under subsection 22(6) of the Public Service Act 1999;

(e) a breach of the APs code of conduct;

(f ) on a ground equivalent to a ground under the repealed Public Service Act 1922; or

(g) through voluntary retirement at or above the minimum retiring age applicable to the employee; or with the payment of a redundancy benefit or similar payment or an employer-financed retirement benefit, will not count as service for severance pay purposes.

10.4.6. Absences from work which do not count as service for any purpose will not count as service for severance pay purposes.

10.5. severance benefit – rate of payment

10.5.1. for purposes of calculating any payment under clause 10.4, salary will include:

(a) the employee’s salary; or

(b) the salary of the higher position where the employee has been acting in a higher position for a continuous period of at least 12 months immediately preceding the date on which the employee is given notice of termination of employment.

10.5.2. other allowances in the nature of salary which are paid during periods of annual leave and on a regular basis, excluding allowances which are reimbursement for expenses incurred or a payment for disabilities associated with the performance of duty.

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10.6. involuntary retrenchment

10.6.1. The Mint will retain access to involuntary retrenchment arrangements and entitlements for employees covering redeployment, retirement and redundancy.

10.6.2. An excess employee’s employment will not be involuntarily terminated if the employee has not been invited to elect to be retrenched or has elected to be retrenched but the chief executive officer refuses to approve it.

10.7. Retention periods

10.7.1. Unless the employee agrees, an excess employee will not be involuntarily retrenched until the following retention periods have elapsed;

• 13monthswhereanemployeehas20ormoreyearsofserviceorisover45yearsof age; or

• sevenmonthsforotheremployees.

10.7.2. The retention period will commence on the earlier of the following:

• thedaytheemployeeisadvisedinwritingbytheChiefExecutiveOfficerthatthey are an excess employee; or

• onemonthafterthedayonwhichtheChiefExecutiveOfficerinvitestheemployee to accept to be retrenched.

10.7.3. If an employee is entitled to a redundancy payment in accordance with the national employment standards, the relevant period in clause 10.7.1 is reduced by the number of weeks redundancy pay that the employee will be entitled to under the national employment standards on termination, as at the expiration of the retention period (as adjusted by this clause).

10.7.4. During the retention period the chief executive officer:

• willcontinuetotakereasonablestepstofindalternativeemploymentfortheexcess employee; and/or

• maywithfourweeks’noticereducetheemployee’sclassificationasameansof securing alternative employment for the excess employee. Where an excess employee is reduced in classification before the end of the appropriate retention period, the employee will continue to be paid at their previous level for the balance of the retention period.

10.7.5. The excess employee may request assistance in meeting reasonable travel and incidental expenses incurred in seeking alternative employment where these are not met by the prospective employer.

10.7.6. Where the chief executive officer believes there is insufficient productive work available to an excess employee during the retention period, the chief executive officer may, with the agreement of the employee, terminate their employment under s.29 of the Public Service Act 1999 on the grounds that the employee is excess to the requirements of the Agency.

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Upon termination the employee will be paid a lump sum comprising:

• thebalanceoftheretentionperiod(asshortenedfortheNESunderClause10.7.3above) and this payment will be taken to include the payment in lieu of notice of termination of employment; and

• anadditionalredundancypaymentequaltotheamounttheretentionperiodwas shortened by under clause 10.7.3 above (i.e. the nes component).

10.7.7. At the expiration of the retention period, the Agency Head must terminate the employee under s.29 of the Public Service Act 1999 with no severance benefit.

11. PAYMENT ON DEATH

Where an employee dies or is presumed to have died on a particular date, the chief executive officer may authorise the payment of the amount to which the former employee would have been entitled had the employee ceased employment by resignation or retirement. Payment may be made to the dependants or partner of the former employee or the former employee’s legal personal representative. If a payment has not been made within 12 months of the former employee’s death, it should be paid to the legal personal representative. on death of an employee, any monies owing to the commonwealth as a result of advanced annual leave credits will be waived. long service leave credits will be paid out in accordance with the Long Service Leave Act (Commonwealth Employees) 1976.

12. MANAGEMENT OF UNDER PERFORMANCE

12.1. General Provisions

12.1.1. The chief executive officer or delegate may determine all matters relating to the management of poor performance.

12.1.2. These provisions do not apply to:

• anongoingemployeewhoseperiodofprobationisnotyetcomplete;

• anon-ongoingemployeewhohasbeenengagedforaspecifictermortask;or

• anirregularorintermittentemployee.

12.1.3. Where apparent performance problems result directly from a medical condition, the matter should initially be dealt with in accordance with the Mint’s guidelines on managing cases of continued fitness for duty. However, the existence of a medical condition does not prevent a delegate from taking appropriate action in accordance with this clause.

12.1.4. Where an employee’s performance problems involve a breach of legislation or direction or the APs code of conduct, disciplinary action should be considered.

12.1.5. Where an employee cannot be effectively employed because of technological or other changes in the work methods of the Mint, the employee should be treated as excess, rather than requiring action under these procedures.

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12.1.6. An employee may choose to be accompanied / represented by a person of their choice, at any stage of the procedure.

12.2. identifying Performance Problems

12.2.1. Where an employee’s overall performance is not meeting the basic requirements of the job, the supervisor will inform the employee that performance improvement is required and discuss possible causes.

12.2.2. A specific and agreed set of improvement objectives (an Action Plan) aimed at achieving adequate performance by the time of the next performance assessment will be formulated.

12.2.3. options to improve performance may include training, coaching or alternative placement based on a match of skills, or referral to employee assistance services where appropriate.

12.2.4. If the employee fails to rate fully effective at the end of the performance cycle further action will be taken.

12.3. Formal Counselling

This may take place between a staff member and the manager when the issue of underperformance has not been resolved. The manager will consult with the HR manager on an ongoing basis if the situation arises where:

(a) the employee will be given a month to overcome any problems identified;

(b) a record of the counselling and of plans for rectification of any problems will be kept.

12.4. Formal Warning

12.4.1. Where, after one month following formal counselling, the manager is of the view that an employee has not achieved an acceptable standard of work performance the manager may recommend to the chief executive officer that a formal warning be given to the employee. The chief executive officer may decide to issue a warning or to discontinue proceedings.

12.4.2. If a warning is issued to the employee, the warning will specify the acceptable standard of work, how the employee’s work does not meet that standard and that performance will need to improve over the next two months.

12.4.3. Taking into account any issues raised by the employee or manager, the chief executive officer will make a decision about whether a supervisor or manager from outside the work area should assist in the process.

12.4.4. After one month, the manager will assess the employee’s performance basis and prepare a progress report on the individual’s performance. The employee must be given the opportunity to provide comment on the manager’s progress report.

12.4.5. At the end of the two month period, the manager will forward within seven days to the chief executive officer an assessment of whether the employee has met the expected standard of performance, together with progress reports and any other relevant documentation.

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12.4.6. If the employee has met the expected standard of performance at the end of the two month period, no further action will be taken at this time. If performance fails to meet expected standards at the end of the two month period, the chief executive officer will write to the employee asking them to show cause within seven days as to why their employment should not be terminated.

12.4.7. The chief executive officer will then decide whether to:

(a) terminate the employment of the employee; or

(b) take some other action, including transfer or reduction in salary to a lower work level.

12.4.8. should an employee’s employment be terminated under this clause, severance benefit payment is not applicable.

12.4.9. If the employee’s salary is reduced without consent they may apply for a review of that decision in accordance with s.33 of the Public Service Act 1999; (see clause 14.2 of the Agreement “Review of employment Decisions”).

12.4.10. If the employee’s performance meets the expected standard as per clause 12.4.6 but within a twelve month period again deteriorates to an unsatisfactory level, the employee will again be given formal counselling and if after one month the employee’s performance does not meet the expected standard their employment may be terminated.

12.4.11. Decisions made under this procedure are subject to any rights the individual may have under the Public Service Act 1999 and Regulations or in respect of termination of employment under Division 4 of Part 2 – 4 of the Fair Work Act 2009.

12.4.12. nothing in this procedure prevents an employee who has received written warning voluntarily requesting in writing that they be issued with a notice of Retirement at any stage of the process.

12.4.13. on receipt of any request the chief executive officer will decide whether or not to retire the individual.

13. WORKPLACE ENVIRONMENT

13.1. anti-discrimination

13.1.1. The parties to the Agreement agree that it is their intention to respect and value the diversity of the Mint workforce by helping to prevent and eliminate discrimination in the workplace on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

13.1.2. Accordingly, in fulfilling their obligations it is agreed that any dispute concerning this section and its operation will be progressed under the dispute settling procedure set out at clause 14 of this Agreement. All employees will have access to information on their rights and obligations under the Racial Discrimination Act 1985, the Sex Discrimination Act 1984, or the Disability Discrimination Act 1992.

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13.1.3. It is agreed that nothing in this section allows:

(a) any treatment that would otherwise be prohibited by anti-discrimination provisions in applicable commonwealth, state or Territory legislation;

(b) any discriminatory conduct (or conduct having a discriminatory effect) if:

• theemployeeisamemberofaninstitutionthatisconductedinaccordancewith the doctrines, tenets, beliefs or teachings of a particular religion or creed; and

• theconductwasingoodfaithtoavoidinjurytothereligioussusceptibilitiesof that religion or creed.

13.1.4. The Mint will embrace a Workplace Diversity Program.

13.2. occupational Health and safety

13.2.1. The Mint aims to provide a safe and healthy environment for employees, contractors and visitors. General principles and agreed responsibilities for achieving this will be consistent with relevant occupational Health and safety legislation, and made clear to all employees.

13.2.2. The Mint’s rehabilitation policies and practices will conform to the guidelines issued under s.41 of the Safety, Rehabilitation and Compensation Act 1988.

13.2.3. The Mint will encourage healthy lifestyles amongst its employees, with a particular focus on health factors that may assist in reducing absenteeism and increase/encourage productivity. The Mint will therefore develop, in consultation with employees, a strategy to address the issue of employee health that may include issues such as voluntary health checks, contagious diseases vaccinations, health screening tests and stop smoking programs.

13.2.4. Having regard to oHs considerations, a break of 10 minutes will be recognised once each morning and once each afternoon without loss of pay. breaks will be scheduled to fit into the operational requirements of the work area.

13.2.5. All employees will have access to tearoom facilities. Tea, herbal tea, coffee and milk may be provided as well as amenities for heating and for the safe storage of food.

13.3. Protective clothing and safety equipment

13.3.1. Where working conditions warrant, employees will be provided with protective clothing, safety shoes, hard hats, earmuffs, safety glasses and other safety equipment.

13.3.2. At work, employees must take all reasonable practicable steps to ensure that they:

• donotrisktheirownsafetyorthatofanyotherperson,whetherMintemployeeor not;

• usethesafetyequipmentprovidedtotheminaccordancewithanyinstructionsabout safe and proper use.

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13.4. Health surveillance

13.4.1. Eyesight testing

The Mint will provide for eyesight testing and reimbursement for prescribed eyesight correction for all staff members who, as an integral part of their duties are required to:

• operateScreenBasedEquipment;and/or

• undertakespecialworktaskswhichrequireparticularvisualaccuracynotnormally required for general tasks (eyesight demanding tasks eg. microscopic).

employees are entitled to retesting no more frequently than at two yearly intervals, unless symptoms occur which indicate further testing is necessary. The Mint will pay the full cost of initial testing.

Where spectacles are prescribed specifically for use with screen-based equipment or eyesight demanding tasks, the Mint will reimburse up to $100 for single vision spectacles and $170 for bifocals. Visual correction, which is recommended for general use, such as reading or driving, will not be reimbursed.

13.4.2. Biological testing

TheMintwilladheretolegislativehealthsurveillancerequirementsforhazardoussubstances identified in schedule 2 of OHS (Safety Standard) Regulations 1994. Additionally, the Mint will undertake health surveillance measures for chemicals that have been identified as needing surveillance in a risk assessment and measured by a qualified person with calibrated instruments in scientific valid method.

13.4.3. Audiometric (hearing) testing

The Mint will conduct audiometric testing for workers at risk of excessive noise.

13.5. Employee assistance service

The Mint will provide access to a confidential, professional counselling service at no cost to employees to help them resolve both personal and work related matters.

13.6. Job rotation

Job rotation aims to maximise flexibility and efficiency within the workplace, while broadening the employee’s skills and experience, and increasing their job satisfaction. All agency staff who have had two years service in their current position will be eligible to apply. It would be expected that a minimum rotation would be for a period of three months, with a maximum period of one year.

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14. RESOLUTION OF DISPUTES

14.1. statement of intent

14.1.1. It is agreed that there exists a mutual responsibility to work cooperatively to resolve disagreements over matters covered by this Agreement as far as possible at the workplace level. Accordingly the parties to the Agreement commit to:

• promptlyaddressdisagreementsovermatterscoveredbythisAgreementasthey arise in accordance with the procedures set out below;

• discussthosedisagreementsinanopenandhonestway;and

• seektoresolvethosedisagreementswhereverpossiblewithoutrecourseto third parties.

14.1.2. Where disagreements arise over the interpretation or implementation of this Agreement, work shall continue in accordance with established custom and practice at the workplace while the dispute resolution procedures are applied. In instances where a genuine safety issue is involved, an employee will not be required to work in an unsafe environment, but will undertake suitable alternative work until the issue is resolved.

14.1.3. Throughout the procedures, an employee may choose to be accompanied / represented by a person of his or her choice, from within or outside the organisation. Where an employee chooses to be accompanied / represented, the employee will inform their immediate supervisor and/or the relevant level of management. The Mint is not obliged by virtue of this provision to meet the costs of any such representation/accompaniment.

14.2. Review of employment decisions

14.2.1. The entitlements of employees to a review of actions affecting them in the course of their employment are established under the Public Service Act 1999 (s.33 – “Review of Actions”) and Part 5 of the Public Service Regulations 1999.

14.2.2. nothing in this clause restricts an employee’s capacity to pursue the matter under Review of Actions or the dispute resolution procedures contained within this Agreement.

14.2.3. Where issues cannot be resolved under the procedures covered under clause 14.1, the provisions under clause 17.3 will apply.

14.3. Right of entry

Union right of entry will be in accordance with Parts 3 – 4 of the Fair Work Act 2009.

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15. TERMINATION OF EMPLOYMENT

Right of review of termination

15.1. The sole and exhaustive rights and remedies of an employee in relation to termination of employment are those that the employee enjoys under:

• Division4,Part2–4oftheFair Work Act 2009;

• otherCommonwealthlawsincludingtheConstitution;and

• atcommonlaw.

15.2. Termination of, or a decision to terminate, employment cannot be reviewed under the dispute avoidance and settlement procedure/review of action procedures addressed in clause 14.2 of this Agreement.

15.3. nothing in this Agreement prevents the chief executive officer from terminating the employment of the employee for serious misconduct without further notice or payment in lieu, in accordance with Division 11, subdivision A, s.117 of the Fair Work Act 2009, subject to compliance with the procedures established by the chief executive officer for determining whether the employee has breached the code of conduct under s.15 of the Public Service Act 1999.

16. RESIGNATION OR RETIREMENT

notice period

16.1. An employee who wishes to resign is required under this Agreement to give at least two weeks notice unless otherwise agreed by the chief executive officer. In the absence of such agreement, final salary payments may be deferred until the notice period has elapsed.

16.2. An employee who wishes to retire shall use their best endeavours to give at least two weeks notice. Where a shorter period of notice is given, it may not be possible to make final separation payments until after the date of retirement.

17. ADDITIONAL CLAUSES

17.1. Flexibility term

17.1.1. An employer and employee covered by this 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. leave; and

vi. remuneration.

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(b) the arrangement meets the genuine needs of the employer and employee in relation to one or more of the matters mentioned in paragraph (a); and

(c) the arrangement is genuinely agreed to by the employer and employee.

17.1.2. The employer must ensure that the terms of the individual flexibility arrangement:

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

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

(c) result in the employee being better off overall than the employee would be if no arrangement was made.

17.1.3. The employer must ensure that the individual flexibility arrangement:

(a) is in writing; and

(b) includes the name of the employer and employee; and

(c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; 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 employee 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.

17.1.4. The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

17.1.5. The employer or employee 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 employer and employee agree in writing – at any time.

17.2. Consultation term

17.2.1. This term applies if:

(a) the employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and

(b) the change is likely to have a significant effect on employees of the enterprise.

17.2.2. The employer must notify the relevant employees of the decision to introduce the major change.

17.2.3. The relevant employees may appoint a representative for the purposes of the procedures in this term.

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17.2.4. If:

(a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and

(b) the employee or employees advise the employer of the identity of the representative; then

the employer must recognise the representative.

17.2.5. As soon as practicable after making its decision, the employer must:

(a) discuss with the relevant employees:

i. the introduction of the change; and

ii. the effect the change is likely to have on the employees; and

iii. measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and

(b) for the purposes of the discussion — provide, in writing, to the relevant employees:

i. all relevant information about the change including the nature of the change proposed; and

ii. information about the expected effects of the change on the employees; and

iii. any other matters likely to affect the employees.

17.2.6. However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.

17.2.7. The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.

17.2.8. If a term in the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in subclauses 17.2.2, 17.2.3 and 17.2.5 are taken not to apply.

17.2.9. In this term, a major change is likely to have a significant effect on employees if it results in:

(a) the termination of the employment of employees; or

(b) majorchangetothecomposition,operationorsizeoftheemployer’sworkforce or to the skills required of employees; or

(c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or

(d) the alteration of hours of work; or

(e) the need to retrain employees; or

(f ) the need to relocate employees to another workplace; or

(g) the restructuring of jobs.

17.2.10. In this term, relevant employees means the employees who may be affected by the major change.

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17.3. Dispute resolution term

17.3.1. If a dispute relates to:

(a) a matter arising under the agreement; or

(b) the national employment standards;

this term sets out procedures to settle the dispute.

17.3.2. An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term.

17.3.3. In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management.

17.3.4. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to fair Work Australia.

17.3.5. fair Work Australia may deal with the dispute in two 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 Act. Therefore, an appeal may be made against the decision.

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

(a) an employee 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) an employee must comply with a direction given by the employer 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 employee to perform; or

iv. there are other reasonable grounds for the employee to refuse to comply with the direction.

17.3.7. The parties to the dispute agree to be bound by a decision made by fair Work Australia in accordance with this term.

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18. FORMAL ACCEPTANCE OF THIS AGREEMENT

This Agreement is made and approved under s.172, under Division 2 of Part 2 – 4 of the Fair Work Act 2009

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scHeDUles EntERPRisE aGREEMEnt 2011–2014 Royal austRalian Mint52

SCHEDULE 1MINT SALARY STRUCTURE

Base salary increase (productivity increase years 2, and 3)

Classification2011

Before lodgmentCommencement

4% increaseJuly 2012

2.5% increase +0.5% productivity

July 2013 2.5% increase

+0.5% productivity

Apprentice

19908 20704 21325 21965

22811 23723 24435 25168

31106 32350 33321 34320

36498 37958 39097 40270

38778 40329 41539 42785

APS 1

38514 40055 41256 42494

39500 41080 42312 43582

40488 42108 43371 44672

41474 43133 44427 45760

Soft barrier progression

APS 2

43128 44853 46199 47585

44703 46491 47886 49322

46129 47974 49413 50896

47092 48976 50445 51958

APS 3

49499 51479 53023 54614

50474 52493 54068 55690

51851 53925 55543 57209

52979 55098 56751 58454

APS 4

54897 57512 59237 61014

55999 58239 59986 61786

57048 59330 61110 62943

58535 60876 62703 64584

APS 560130 64064 65986 67965

62014 65105 67058 69070

64943 67541 69567 71654

APS 6

70428 73245 75442 77706

72575 75478 77742 80075

74600 77584 79912 82309

76952 80030 82431 84904

Executive Level 183155 89440 92123 94887

89798 93390 96192 99077

95870 99705 102696 105777

Executive Level 2

101151 106288 109477 112761

108713 113062 116453 119947

112351 116845 120350 123961

114267 118838 122403 126075

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Base salary increase (no productivity increase)

Classification 2011 Before lodgment

Commencement 4% increase



Apprentice

19908 20704 21222 21752

22811 23723 24317 24924

31106 32350 33159 33988

36498 37958 38907 39880

38778 40329 41337 42371

APS 1

38514 40055 41056 42082

39500 41080 42107 43160

40488 42108 43160 44239

41474 43133 44211 45317


APS 2

43128 44853 45974 47124

44703 46491 47653 48845

46129 47974 49174 50403

47092 48976 50200 51455

APS 3

49499 51479 52766 54085

50474 52493 53805 55150

51851 53925 55273 56655

52979 55098 56476 57888

APS 4

54897 57512 58950 60424

55999 58239 59695 61187

57048 59330 60813 62333

58535 60876 62398 63958

APS 560130 64064 65666 67307

62014 65105 66733 68401

64943 67541 69229 70960

APS 6

70428 73245 75076 76953

72575 75478 77365 79299

74600 77584 79524 81512

76952 80030 82031 84082

Executive Level 183155 89440 91676 93968

89798 93390 95725 98118

95870 99705 102197 104752

Executive Level 2

101151 106288 108945 111669

108713 113062 115888 118785

112351 116845 119766 122760

114267 118838 121809 124854



Base salary increase (productivity increase year 2, not year 3)


Commencement July 2012 2.5% increase

+0.5% productivity


Apprentice

19908 20704 21325 21859

22811 23723 24435 25046

31106 32350 33321 34154

36498 37958 39097 40074

38778 40329 41539 42577

APS 1

38514 40055 41256 42288

39500 41080 42312 43370

40488 42108 43371 44455

41474 43133 44427 45538


APS 2

43128 44853 46199 47354

44703 46491 47886 49083

46129 47974 49413 50649

47092 48976 50445 51706

APS 3

49499 51479 53023 54349

50474 52493 54068 55419

51851 53925 55543 56931

52979 55098 56751 58170

APS 4

54897 57512 59237 60718

55999 58239 59986 61486

57048 59330 61110 62638

58535 60876 62703 64270

APS 560130 64064 65986 67636

62014 65105 67058 68735

64943 67541 69567 71306

APS 6

70428 73245 75442 77329

72575 75478 77742 79686

74600 77584 79912 81909

76952 80030 82431 84492

Executive Level 183155 89440 92123 94426

89798 93390 96192 98596

95870 99705 102696 105263

Executive Level 2

101151 106288 109477 112214

108713 113062 116453 119365

112351 116845 120350 123359

114267 118838 122403 125463



Base salary increase (productivity increase year 3, not year 2)


Commencement 4% increase



+0.5% productivity

Apprentice

19908 20704 21222 21859

22811 23723 24317 25046

31106 32350 33159 34154

36498 37958 38907 40074

38778 40329 41337 42577

APS 1

38514 40055 41056 42288

39500 41080 42107 43370

40488 42108 43160 44455

41474 43133 44211 45538


APS 2

43128 44853 45974 47354

44703 46491 47653 49083

46129 47974 49174 50649

47092 48976 50200 51706

APS 3

49499 51479 52766 54349

50474 52493 53805 55419

51851 53925 55273 56931

52979 55098 56476 58170

APS 4

54897 57512 58950 60718

55999 58239 59695 61486

57048 59330 60813 62638

58535 60876 62398 64270

APS 560130 64064 65666 67636

62014 65105 66733 68735

64943 67541 69229 71306

APS 6

70428 73245 75076 77329

72575 75478 77365 79686

74600 77584 79524 81909

76952 80030 82031 84492

Executive Level 183155 89440 91676 94426

89798 93390 95725 98596

95870 99705 102197 105263

Executive Level 2

101151 106288 108945 112214

108713 113062 115888 119365

112351 116845 119766 123359

114267 118838 121809 125463


SCHEDULE 5APPRENTICE SALARY RATES

Pay Point for Calculation, Band 1 Pay Point 5

Age or Apprenticeship Year %

Under 17 or 1st Year Apprentice 48

17 or 2nd Year Apprentice 55

18 or 3rd Year Apprentice 75

19 or 4th Year Apprentice 88

Adult Retention 93.5

note: Rates of pay for apprentices will be determined by applying the appropriate apprentice percentage to the salary pay scale, including any pay increases during the life of the agreement, at band one pay point five.

GRADUATE RATES

A graduate APs will be required to undertake a course of training determined by the chief executive officer. While undertaking training, a graduate APs will be paid salary at a pay point within the Mint employee band 1 (APs level 1–2) pay salary scale as determined by the chief executive officer. When the chief executive officer is satisfied that the course of training has been successfully completed, the Graduate APs will be allocated a classification of APs3.


SCHEDULE 6OTHER MINT ALLOWANCES

1. Welding allowance

A tradesperson holding a welding qualification and who is required to perform welding tasks is entitled to an additional amount of $11.00 per week.

2. Confined space allowance

An employee who works in a confined space will, while so engaged, receive an additional amount of 65 cents per hour while carrying out these specially assigned duties.

3. allowance for Mint Disabilities

3.1. Payment of an allowance. The chief executive officer will seek to prevent employees from being subjected to any “disabilities”. In situations where “disabilities” exist at the Mint due to unavoidable or other particular circumstances, the chief executive officer and employee representatives will negotiate without delay on the payment of an appropriate disability allowance.

3.2. Disabilities means the detrimental effects on working conditions of Mint employees caused by a variety of factors associated with building activities including one of generally more of the following, dust, noise, fumes, heat, vibrations, cold, wet, dirt, loss of amenities, general inconvenience.

3.3. building activities means any construction, building, alterations or refurbishment activities, which causes disabilities at a Mint location.

4. Review of allowances

The scope of allowances payable under this Agreement will be reviewed annually by the chief executive officer in consultation with the Mint consultative forum.

appenDices EntERPRisE aGREEMEnt 2011–2014 Royal austRalian Mint58

APPENDIX ATHE MINT BEHAVIOURS

Behaviour Behaviour Description

Show respect Treat others with courtesy and consideration as the basis for building trust

Act with integrity Be open and honest in the way we do our work and do not take advantage of our employment to achieve personal gain

Be disciplined Be on time, well organized and thorough in our daily work

Make evidence-based decisions Use information and facts to achieve high quality results

Be responsible and accountable Own our actions and learn from our mistakes

Be customer focused Understand our customers’ needs and effectively manage their expectations

Encourage and develop Recognise our efforts, those of others and give credit for achievement

Be creative Strive for creative and innovative ways of working; offer ideas for improvement

Be vigilant and active Ensure a safe and secure working environment by watching out for others

The Mint behaviours are consistent with but do not displace the APs Values, which are incorporated in the Public Service Act 1999 and which all employees are bound to uphold.

Royal austRalian Mint EntERPRisE aGREEMEnt 2011–2014 appenDices 59

APPENDIX BSUPPORTED SALARY FOR EMPLOYEES WITH A DISABILITY

Employment at lower than specifies salary levels

consistent with the social justice objectives of the APs, employees who have a disability to the extent that they meet the impairment criteria for a Disability support Pension may be employed under this Agreement and be paid a supported salary, appropriate to the APs classification to which employed at a rate below the salary levels prescribed in this Agreement.

In this Appendix, the following definitions will apply:

• ‘SupportedWageSystem’meanstheCommonwealthGovernmentsystemtopromoteemploymentfor people who cannot work at full wages because of a disability.

• ‘AccreditedAssessor’meansapersonaccreditedbythemanagingunitestablishedbythecommonwealth under the supported Wage system to perform assessments of an individual’s productive capacity within the supported Wage system.

• ‘DisabilitySupportPension’meanstheCommonwealthpensionschemetoprovideincomesecurityfor persons with a disability as provided for under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

• ‘Assessmentinstrument’meanstheformprovidedforundertheSupportedWageSystemthatrecords the assessment of the productive capacity of the person to be employed under the supported Wage system.

Eligibility Criteria

subject to the following two paragraphs, employees covered by these provisions will be those who are unable to perform the range of duties to the standard required at the work value for which the employee is engaged under this Agreement, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability support Pension.The provisions in this Appendix do not apply to:

• anyexistingemployeewhohasaclaimagainsttheCommonwealthwhichissubjecttotheprovisions of workers’ compensation legislation relating to the rehabilitation of employees who are injured in the course of their current employment; or

• anemployerinrespectofwhomfundinghasbeenprovidedundertheDisability Services Act 1986 for the dual role of service provider and sheltered employer.


supported salary Rates

employees to whom the provisions in this Appendix apply will be paid the applicable percentage of the relevant salary rate prescribed below for the work value that they are performing as follows:

support salary Rates Percentages

Column 1Assessed Capacity

Column 2% of prescribed salary rate

(subclause 4(a))

10%* 10%

20% 20%

30% 30%

40% 40%

50% 50%

60% 60%

70% 70%

80% 80%

90% 90%

(Provided that the minimum amount payable shall be not less than $75 per week. Rate is increased as required by decisions of fair Work Australia or its successor.)

assessment of Capacity

for the purpose of establishing the percentage of the salary rate to be paid to an employee under the provisions of this Appendix, the productive capacity of the employee will be assessed in accordance with the supported Wage system and documented in an assessment instrument, by either:

• TheChiefExecutiveOfficer,inconsultationwiththeemployee,or,ifdesiredbyanyofthese;or

• TheChiefExecutiveOfficerandanaccreditedassessoragreedbytheemployee

• Whereaperson’sassessedcapacityis10%,theyshallreceiveahighdegreeofassistanceandsupport.

lodgement of assessment instrument

All assessment instruments under the conditions of this Annexure, including the appropriate percentage of salary rate to be paid to the employee, shall be lodged by the chief executive officer with the Registrar of the Industrial Relations commission.


All assessment instruments shall be agreed and signed by the employee and the chief executive officer.

Review of assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the supported Wage system.

other terms and Conditions of Employment

Where an assessment has been made, the applicable percentage shall apply to salary only. employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this agreement paid on a pro rata basis.

Workplace adjustment

Where the chief executive officer employs a person under the provisions of this Appendix, reasonable steps to make changes in the workplace will be taken to enhance the employee’s capacity to do the job. changes may involve re-design of job duties, working arrangements and work organisation in consultation with other employees in the team.

trial Period

In order for an adequate assessment of the employee’s capacity to be made, the chief executive officer may employ a person under the provisions of this Appendix for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

During that trial period the assessment of capacity shall be undertaken and the proposed salary for a continuing employment relationship shall be determined.

The amount payable to the employee during the trial period shall be no less than $75 per week.

Work trials should include induction or training as appropriate to the job being trialled.

Where the chief executive officer and the employee wish to establish a continuing employment relationship following the completion of the trial period, further employment arrangements will be based on the assessment outcome.


APPENDIX CPRINCIPLES RELATING TO WORKPLACE DELEGATES

the role of union workplace delegates and other elected union representatives is to be respected and facilitated.

Agencies and union workplace delegates must deal with each other in good faith.

In discharging their representative roles at the workplace level, the rights of union workplace delegates include but are not limited to:

• therighttobetreatedfairlyandtoperformtheirroleasworkplacedelegateswithoutanydiscrimination in their employment;

• recognitionbytheagencythatendorsedworkplacedelegatesspeakonbehalfoftheirmembersinthe workplace;

• therighttoparticipateincollectivebargainingonbehalfofthosewhomtheyrepresent,asperthefair Work Act

• therighttoreasonablepaidtimetoprovideinformationtoandseekfeedbackfromemployeesintheworkplace on workplace relations matters at the agency during normal working hours;

• therighttoemailemployeesintheirworkplacetoprovideinformationandseekfeedback,subjecttoindividual employees exercising a right to ‘opt out’;

• undertakingtheirroleandhavingunionrepresentationonanagency’sworkplacerelationsconsultative committee;

• reasonableaccesstoagencyfacilities(includingtelephone,facsimile,photocopying,internetandemail facilities, meeting rooms, lunch rooms, tea rooms and other areas where employees meet) for the purpose of carrying out work as a delegate and consulting with members and other interested employees and the union, subject to agency policies and protocols;

• therighttoaddressnewemployeesaboutunionmembershipatthetimetheyenteremployment;

• therighttoconsultation,andaccesstorelevantinformationabouttheworkplaceandtheagency;and

• therighttoreasonablepaidtimetorepresenttheinterestsofmemberstotheemployerandindustrial tribunals.

In discharging any roles that may involve undertaking union business, the rights of union workplace delegates include but are not limited to:

• reasonablepaidtimeduringnormalworkinghourstoconsultwithotherdelegatesandunionofficials in the workplace, and receive advice and assistance from union staff and officials in the workplace;

• reasonableaccesstoappropriatetraininginworkplacerelationsmattersincludingtrainingprovidedby a union;

• reasonablepaidtimeofftorepresentunionmembersintheagencyatrelevantunionforums.


In exercising their rights, workplace delegates and unions will consider operational issues, departmental policies and guidelines and the likely effect on the efficient operation of the agency and the provision of services by the commonwealth.

for the avoidance of doubt, elected union representatives include APs employees elected to represent union members in representative forums, including, for example, cPsU section secretaries, Governing councillors and section councillors, and APesMA Government Division committee members.

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