Aboriginal and Torres Strait Islander cultural, ceremonial, and NAIDOC Leave
DHS have now agreed to 2 days paid leave for NAIDOC or Coming of the Light
Festival for Aboriginal or Torres Strait Islander employees. The proposal also
includes for up to 10 days unpaid leave over two years. This is better than
current entitlements in Centrelink, Medicare, Child Support, and CRS.
DHS’ claim does not meet our endorsed position for 5 days paid leave for
Aboriginal and Torres Strait Islander cultural, ceremonial, and NAIDOC purposes.
Accommodation
The agreement does not provide detail on agreed accommodation standards.
The proposal provides for consultation with HSRs, employees and their
representatives and OHS risk assessments be undertaken when new accommodation is
to be utilised; existing accommodation is modified or new functions and/or
services. DHS proposes that these issues be dealt with in the Health and Safety
Management Arrangements (HSMAs). The new HSMA arrangements have been finalised
recently.
Adoption Leave
CPSU has agreed to DHS’ proposal for 14 weeks paid leave on adoption of a
child, guaranteed 12 months leave without pay and right to request a further 24
months leave (the FWA Act provides for 12 months). Their proposal also includes
the right to request part time work until the child is 3 years old; or for some
in Child Support program until the child is 5 years old.
Both parties agree that adoption leave can be taken at half pay.
DHS propose an improved paid leave entitlement. DHS’ claim does not include a
right to access leave for pre-adoption purposes currently available for
Centrelink employees.
DHS’ claim does not meet our position for 26 weeks paid adoption leave, leave
without pay and or access to part time work for up to five years, and
pre-adoptive leave access.
Annual Leave
DHS’ claim partially meets our position and we have agreed to the proposal.
The proposal is for 23 days annual leave pro rata for part time employees.
Annual leave can be taken at half pay and that up to 10 days annual leave could
be cashed out in certain circumstances. Maximum accrual is 46 days before an
employee may be directed to take annual leave, unless there is a leave
management plan in place or an employee has applied for and been refused leave
in the previous four months.
Bandwidth
The CPSU position is for a bandwidth of 7am to 7pm Monday to Friday (this is
the common APS bandwidth). DHS agrees with this proposal.
For Medicare workers currently regularly rostered to provide Medicare program
customer services on Thursday or Friday night or on a Saturday will have
provisions that provide for penalty rates consistent with current arrangements.
Bereavement Leave
DHS propose three days bereavement leave. This is an increase of one day for
Centrelink employees.
DHS proposes additional bereavement leave for closer family relations;
similar to the Centrelink agreement. They propose an additional 2 days leave for
the death of a partner, sibling, child, parent or your partner’s sibling, child,
or parent; and an additional day leave for the death of a grandparent or
grandchild or a partner’s grandparent or grandchild.
The DHS proposal recognises Child Support’s current entitlement for
bereavement leave on the death of a person with whom the employee has a close
personal relationship. This is included as a “special leave” entitlement.
Book and Equipment Allowance
Book and equipment allowance for indigenous cadets is provided by externally
through the DEEWR cadetship program, and does not need to be covered in the
Agreement.
Broadbanding
(please refer to factsheet)
Retention of an APS3 to APS4 broadband. The broadband will be accessible for
employees in external customer service roles. Transitional arrangements for
Medicare MA1 and MA2 to provide access to the APS3/APS4 broadband over time. The
Centrelink APIS APS2- APS3 broadband is grandfathered for current employees.
Retention of Professional, Legal Officer, ICT, and PAO broadbands within
their job streams.
An agreed process and assessment criteria for progression within all
broadbands to be developed within seven months of commencement of the agreement.
More detail on process included in the draft agreement, that bases advancement
on capability and availability to work.
Call monitoring
Recorded information will be used for an overall picture of identifying L&D
opportunities or needs.
Employees will be advised in writing before a fixed period during which their
calls may be monitored. In this process, a fixed number of calls are randomly
selected based on duration and assessed to improve the quality and accuracy of
individual interactions with customers. Employee performance will always be
assessed holistically and not based solely upon data capture.
Career break/ sabbatical Leave
DHS’ claim meets our position which is maintenance of the Centrelink career
break provisions. The CPSU claim and entitlement in Centrelink is that you may
withhold a portion of your salary over four years work to fund either 6 or 12
months career or sabbatical leave.
Christmas closedown
The proposed agreement now presumes you will not be required to work and the
department will be closed over the reduced activity period unless the Secretary
identifies essential operational requirements. The reduced activity period is
from the last working day before Christmas Day through to New Years Day.
All staff would accrue 23 days annual leave each year, pro rata for part time
employees. This leave or other leave would be used over the reduced activity
period where an employee is not required to work.
APS Holiday will be observed on the first working day after Boxing Day by all
employees.
The department will not roster staff for customer service duties, other than
24/7 services, on the Saturday after Good Friday or any Saturdays that fall
within the reduced activity period.
While this is an improvement, it does remove the absolute guarantee of
closedown for Child Support and CRS employees
Christmas closedown in 2011
CRS close down arrangements for 2011 - Christmas closedown as per your
current agreement; that is from 3pm 23 December 2011 (last working day before
Christmas Eve) to 2 January 2012 (New Years Day public holiday).
Child Support close down arrangements for 2011 - Christmas closedown
as per your current agreement; that is from midday 23 December 2011 (last
working day before Christmas Eve) to 2 January 2012 (New Years Day public
holiday).
Medicare close down arrangements for 2011 - Medicare will be closed
for the APS Holiday, being the first working day after the Boxing Day public
holiday, and the Saturdays 24 and 31 December. Where operationally possible,
leave will be facilitated for any working days in between (the 29 and/or 30
December).
Centrelink close down arrangements for 2011 - Centrelink will be
closed for APS Holiday, being the first working day after the Boxing Day public
holiday. Where operationally possible, leave will be facilitated for any working
days in between (the 29 and/or 30 December).
Closed comprehensive agreements
CPSU is satisfied that the wording on this issue and consultation provisions
provide an opportunity for employees and their representatives to be involved in
any decision-making processes on unforeseen service delivery reform
implications.
Commonwealth dwellings
DHS proposal meets CPSU claim and includes all provisions outlined in the
Centrelink agreement (at clause 40).
Community and Emergency
Volunteer Leave
DHS proposal is an improvement on the previous offer and includes up to 5
days paid miscellaneous leave for emergency services duty which can be extended
in exceptional circumstances and unlimited access to unpaid leave.
DHS’ claim partially meets our position and improves existing entitlements
for Centrelink, Medicare and Child Support employees. The CPSU position is that
an employee is entitled to be absent from work for emergency services duty and
they would get paid leave during or after a declared emergency for volunteer
emergency services duty. We also seek up to 5 days per year for volunteering
with community or emergency services organisations with the ability to access
additional paid or unpaid leave on a case by case basis.
Community Language Allowance
DHS does not agree with CPSU proposal to include a new CLA3 allowance for
staff performing translating or interpreting services.
DHS agrees to review application of community language allowance over the
life of the agreement with the CPSU.
The draft reflects the current CLA arrangements in Centrelink.
Compassionate Leave
DHS’ claim does not meet our position as they propose 2 days for bereavement
leave. Medicare employees currently have 3 days compassionate leave and this is
the CPSU position.
Consultation
The proposal includes improved consultation provisions and process with
inclusion of employee’s representatives in consultation on all change including
change at the local level. The agreement includes consultation with unions about
workplace changes through committee structures.
Daily hours of work
DHS proposal remains that a working day be 7’30”. This would mean a 9 minute
increase in the ordinary day for Medicare employees and a 6 minute increase for
Child Support employees. Their claim is a pay cut as it would reduce employees
hourly rate.
The CPSU has been unable to shift the department from this position. The
additional annual leave of 3 days provides some compensation for the increased
working day but this is not adequate. For Medicare employees this means an extra
1.7 days a year without compensation. For Child Support employees this means an
extra 2.5 days a year without compensation.
Definition of Immediate Family
The definition of immediate family now includes, “traditional kinship, where
there is a relationship or obligation, under the customs and traditions of the
community or group to which the employee belongs.”
Delegates Rights
CPSU claim is for the current agreed access and facilities protocols to be
included in the agreement in their entirety. DHS have agreed that they be
included as an attachment drawn from the agreement.
Delegations
CPSU is satisfied that the wording on this issue meets the CPSU claim.
Departmental Liaison Officer
Your union seeks the highest rate from the current portfolio collective
agreements which is $18353 pa in recognition of the additional duties that DLOs
perform. The DHS revised proposal meets our claim and is agreed in principle.
Dispute and settlement
procedures
CPSU is satisfied that the wording on this issue meets the CPSU claim.
DHS have advised that if there was a dispute about a policy this would be a
dispute “arising from the agreement”. Provisions also include that where a
dispute is underway on an issue which relates to a large number of employees and
has far reaching impacts, that work will occur in accordance with custom and
practice until the dispute is resolved.
Diversity
The department has included significantly more detail in this proposed
agreement. It does not include the level of detail we are seeking with our claim
but refers to targets for attracting and retaining staff as well as reporting
arrangements for accountability.
CPSU have sought a commitment from DHS to increase the levels of Aboriginal
and Torres Strait islander employment to 5% over the life of the agreement.
While DHS share the same commitment and target of 5%, they have not cited it in
the agreement.
Duration of the agreement
The agreement will expire on 30 June 2014.
Employee Assistance Program (EAP)
Both CPSU and DHS put forward proposals that would provide employees and
their families with free confidential professional counselling service. This is
included in the proposed agreement.
Employee identification
DHS have agreed to facilitate choice in providing an employees full name or
first name in response to all public enquiries, including correspondence and
face-to-face contact. Within six months of commencement of this agreement,
employees will seek to ensure employees can choose to send emails that do not
identify them by their full name. Employees must provide sufficient information
to be identified for future customer contact.
Entry level programs
We are agreed on DHS’ proposal for entry level programs. These programs
include school-based pathway programs, trainee/apprentice programs, cadet and
graduate programs.
We agree on an APS1 to APS5 broadband for entry level programs. We agree on
the commencement classifications and advancement proposals for each of the entry
level programs. As intended, we consider their proposal could create opportunity
for employees to advance through the entry level programs; particularly from the
school-based pathway program to the trainee or cadet program.
Environmental initiatives
The department’s proposal includes marginally more detail than their previous
offer. There was general agreement that DHS and all employees should be
committed to environmental best practice and participation in the Environmental
Management System.
Family care assistance
Both CPSU and DHS put forward proposals to provide employees access to an
Aged Care advisory service, similar to current arrangements in CRS. DHS will
continue to provide this service at no cost to employees.
Field Equipment Allowance
DHS agreed to CPSU proposal for a Field Equipment allowance of $300 once
every 3 years, for all department employees required to work in remote
communities. Where employees have already accessed this $300 payment or have
been provided with personal assets in the past three years they will not be
entitled to this payment.
Field Work Allowance
DHS have revised their proposal to make this allowance of $10 per day
available to all employees who are required to visit remote Torres Strait
Islander communities. The allowance will be paid for part days if an overnight
stay is involved.
Fire Warden Allowance
DHS’ proposal remains unchanged - only Chief Fire Wardens will be paid an
allowance of $11 per fortnight. This does not meet the CPSU claim.
First Aid Officer Allowance
DHS propose to grandfather the current rate of allowance for those CRS staff
currently in receipt of FAO allowance until qualifications expire. This does not
meet the CPSU claim.
Management seek to pay an allowance of $22.66 per fortnight, or $34 per
fortnight for a “high risk” workplace.
Potential outcomes
Medicare: a reduction in allowance of:
$10.08 per fortnight for those holding an Occupational First Aid
qualification
$3.80 per fortnight for those holding an Advanced First Aid
qualification.
CSP: a reduction in allowance of $3.44 per fortnight for those holding
an Occupational First Aid (or equivalent) qualification
Centrelink: an increase in allowance of $1.41 per fortnight.
CRS: a reduction in allowance of $17.34 per fortnight for those
holding a current First Aid qualification
Flex for ELs
Following feedback from members, the proposed agreement now includes that
flexible arrangements for ELs can include planned days or part days off up to 10
days a year, unless more is approved. This is in recognition of extra time
worked. This arrangement does not limit other flexible arrangements that may
operate for ELs currently.
The CPSU acknowledges that EL salary is in part compensation for additional
hours worked by ELs, however they should not be expected to work unreasonable or
excess additional hours without compensation. Your negotiating team maintain
that DHS needs to recognise the additional time you work with assured days off
to create flexibility and certainty for EL staff. We consider this will have a
positive flow on effect for work life balance across the department.
Flex time
DHS propose that employees at APS6 or below can accrue flex time and carry
over 25% of full time hours or have up to 15% of full time hours in debit. Where
an employee has excess flex credits the department must facilitate that time off
within two settlement periods.
Foster Leave
DHS has revised their position on access to leave without pay (LWOP)
following foster leave. That is, that application for up to two years LWOP would
not be reasonably refused for parental, fostering, adoption and supporting
partner leave.
Both parties agree that foster leave can be taken at half pay. DHS proposes
increased long-term foster care leave to match adoption and maternity leave
provisions of 14 weeks paid leave, guaranteed 12 months leave without pay and
right to request a further 24 months leave (the FWA Act provides for 12 months).
Their claim also includes the right to request part time work until the child is
3 years old.
DHS’ claim for the length of paid leave exceeds the CPSU claim for 4 weeks.
It does not include use of one week personal leave for short term foster care
placements, currently available for Centrelink employees.
DHS’ claim partially meets our claim. CPSU sought inclusion of short term
foster care provisions. Overall the CPSU considers the department’s proposal is
a positive step in recognising the valued role foster carers play in our
communities.
Harassment Contact Officer
Our union seeks the highest rate from the current portfolio collective
agreements which is (with recognised qualifications/competencies): $21.25 per
fortnight. In response managements offer of $22.66 per fortnight is above this
claim and has been agreed in principle.
Potential outcomes
Medicare: a new entitlement
CSP: an increase of $11.36 per fortnight
CRS: a new entitlement
Centrelink: an increase of $1.41 per fortnight
Health and Safety
Representative Allowance
DHS propose grandfathering the current rate of allowance paid for those CRS
staff currently in receipt of HSR allowance until such time as new elections are
held. This does not meet the CPSU claim.
Our union sought the highest rate from the current portfolio collective
agreements which is (with recognised qualifications/competencies): $26.46 per
fortnight. In response management seek to pay an allowance of $22.66 per
fortnight.
Potential outcomes
Medicare: a reduction in allowance of $3.80 per fortnight
CSP: an increase in allowance of $5.46 per fortnight
CRS: a reduction in allowance of $17.34 per fortnight
Centrelink: an increase in allowance of $1.41 per fortnight
Healthy lifestyle allowance
Agreement in principle was reached on the access to the influenza vaccination
for all employees.
DHS proposal does not include continuing existing entitlements. They consider
that internal targeted health programs such as 10,000 steps and quit smoking
addressed their commitment.
CPSU’s proposal was for all employees to access a healthy lifestyle
reimbursement of $220 for the FY2011-2011 and $240 in FY2012 -2013.
Home-based work
The CPSU and DHS agree that employees may be able to access home based work
on a short term or regular basis. Where the basis is regular or long term, the
department may pay or reimburse up to $2500 for necessary equipment.
Hours of Service Delivery
DHS proposal meets our claim.
The proposed agreement includes consultation with employees and their
representatives prior to implementation, and where possible, prior to a decision
being made. Consultation on hours of service delivery will include consideration
for staff levels and the affect on service, security and OH&S, hours of duty for
staff, childcare and transport availability proximity and suitability.
DHS has agreed they will not roster staff to perform external customer
service duties (other than 24/7 services) on the Saturday after Good Friday, or
any Saturdays during the reduced activity period (Christmas Eve to New Years Day
inclusive).
Individual Flexibility
Agreements
CPSU and DHS agree that circumstances of IFAs will be reported to a National
Consultative Committee. Agreement on what IFAs can cover has now been finalised.
Job streams - professional
The department proposes to retain the ICT, Legal, and Professional job
streams.
Those employees currently in the Centrelink ICT job stream will transfer
directly into that job stream. The department will investigate other ICT
positions for eligibility.
Those employees currently in the Medicare Australia Legal job stream will
transfer directly into that job stream. The department will investigate other
Legal positions for eligibility.
Those employees currently in the Centrelink professional job stream will
transfer directly into that job stream.
Those employees currently in the CRS Australia Rehabilitation Consultants job
stream will transfer directly into the Professional job stream if they are
classified at the equivalent of APS5 or higher. CRS RC1 at the APS3 or APS4 will
have access to broadband arrangements that mean they will be able to progress
into the Professional job stream at APS5, subject to meeting capability and work
availability tests.
This aspect of the department’s proposal does not meet our claim. The CPSU
considers RC1s at APS3 and APS4 in CRS should transition directly to APS5.
Further we consider SRCs should transition directly to EL1, this claim was not
agreed.
Lactation breaks
DHS agrees to support employees who choose to continue to breastfeed. This will
include facilitating discussion between an employee and their manager about
accommodating lactation needs and practical arrangements to meet those needs,
planning for and providing access to suitable facilities, and providing paid
lactation breaks up to 10% of an employees working time.
Learning and development
DHS’ proposal provides access to at least 5% of an employees time to be spent
on learning and development. For employees working in a rostered environment
with current access to more than 5% L&D, they will continue to access the
defined hourly rate. For example, employees working in Centrelink Program Call
Centres will have access to 10 hours per settlement period and those providing
face to face services in the Centrelink program will have access to 12 hours per
settlement period.
This proposal represents a fundamental shift and increase in access to L&D
for Medicare and CRS employees.
Loss or damage of personal
effects
CPSU proposed that employees would be reimbursed for loss or damage to
clothing or personal effects where the loss or damage was related to the
employee’s work with DHS. Agreement in principle was reached on this proposal.
Maternity Leave
DHS has revised their position on access to leave without pay (LWOP)
following maternity leave. That is, that application for up to two years LWOP
would not be reasonably refused for parental, fostering, adoption and supporting
partner leave.
Both parties agree that maternity leave can be taken at half pay, which
maintains current entitlement to half pay across the portfolio.
DHS’ proposal is for 14 weeks paid maternity leave, guaranteed 12 months
leave without pay and right to request a further 24 months leave (the FWA Act
provides for 12 months). Their claim also includes the right to request part
time work until the child is 3 years old.
For Child Support employees this proposal extends paid maternity leave by two
weeks and matches the guaranteed leave without pay for Child Support employees
by 12 months. For CRS and Medicare employees it increases the right to apply for
part time work by one year.
DHS’ claim does not meet our position. The CPSU position is for 26 weeks paid
maternity leave and access to leave without pay and part time work for up to
five years. These standards have been identified as preferred standards for
maternity leave by the Human Rights Commission and health research groups.
Mature Age Workers
Negotiations centred on the different entitlements that may assist in
retaining and attracting mature age workers including career planning, access to
part-time work, work adjustment, access to flexible working arrangements
including locality. Both parties agreed with the APSC definition that a mature
age worker is an employee aged 45 or over.
The CPSU considers that improved wording for superannuation, more flexibility
on negotiation of working hours including working from home, job sharing and
part time work may have the effect of assisting in retaining mature age workers
within the Department.
Miscellaneous Leave with
or without Pay
The DHS proposal includes a table outlining entitlements in the body of the
agreement. For most entitlements there is a paid and an unpaid entitlement.
DHS’ claim partially meets our position. The CPSU outlined current
entitlements provided for in your collective agreements and restated our
position that these need to be included in your new agreement.
This does not meet our position.
Motor vehicle
Our claim for a DEEWR adjusted rate has been agreed in principle.
Notice of termination
Consistent with the Fair Work Act 2009, DHS propose notice of termination
based on length of service. The minimum legislative entitlements represent an
increased period for notice of termination for those with one or two years
service, when compared against current agreements. All parties agree.
Office disturbance
It has been agreed in principle to apply the current Child Support clause,
allowing for the rate of compensation to be negotiated based on the severity of
the disturbance.
Potential outcomes
Medicare: no change to current entitlement
CSP: no change to current entitlement
CRS: a new entitlement
Centrelink: no change to the current entitlement
Office relocation within a city
DHS has revised their position and will extend the current DHS/CSP
entitlement to all employees in the department. This provides for the department
to approve a one off cash payment where an office relocation within a city would
result in significant costs to affected employees.
We are satisfied that DHS have shifted their position as we do not think
staff should be required to pay for the cost of service delivery reform or lack
of consultation.
OH&S
CPSU continues to consult with the department on a new HSMA. There is no
reference to this in the proposed agreement.
OH&S laws in January 2012 will mean that Health and Safety Management
Arrangements are no longer a requirement under the Act.
Ordinary Hours –
negotiating working hours
After considerable effort from the CPSU negotiating team, we have reached a
common understanding on a regular pattern of hours, or ordinary hours, and how
this differs from rostering arrangements.
The agreed bandwidth for employees is now Monday to Friday 7am to 7pm.
We have proposed and the department has agreed to genuine negotiation of
working hours, an escalation process for negotiating working arrangements (and
rosters), a default hours arrangement, and inclusion of scheduling of activities
for rostering.
The CPSU negotiating team is satisfied the provisions in the agreement match
or exceed current conditions in each of the Agreements.
Overseas Travel
DHS have agreed to include the current provisions from the MCA agreement in
the new agreement and that rates for New Zealand will be adjusted to the same
rate as for other overseas localities.
Overtime
The proposal reduces the minimum overtime payment period of four hours to two
hours when an employee performs overtime with notice but does not need to attend
the workplace. DHS’ proposal seeks to incorporate Emergency Duty into the broad
definition of overtime.
DHS outlined the minimum payment periods that would apply for overtime.
Continuous with duty – no minimum
Not Continuous and notice has been provided – 4 hours
Not continuous and no notice has been provided – 2 hours
Not continuous where attendance is not required – 2 hours
The department will provide reasonable notice for a request or requirement of
overtime. An employee has a right to refuse overtime for caring or personal
reasons. An employee can agree to time in lieu at overtime rates rather than
payment and this time in lieu must be granted within four weeks.
Overtime Meal Allowance
DHS have confirmed the current “relevant subscription agency” and the amount
to be paid. The agreement includes the meal allowance periods for which this
allowance would be payable.
Part time arrangements
There has been significant improvement and clarity in the proposed new
agreement.
All employees have the right to request part time hours and to have that
application not be unreasonably refused. Employees returning from parental leave
have the right to access part time work until the child’s third birthday (or for
some employees in Child Support, until the child’s fifth birthday).
Arrangements will apply for a year except where a lesser period is requested
by the employee, Reasons for refusal must be provided in writing. An employee
cannot be compelled to convert to part time work. Job sharing is an available
option for employees.
The increase in the working day for Child Support and Medicare staff, means
that part time employees in Medicare and Child Support would need to increase
hours to maintain the same salary.
Parties to the agreement
DHS has agreed to list the CPSU and MEAA as parties to the agreement, the
CPSU considers this is consistent with the Fair Work Act.
Performance management
DHS proposal largely meets the CPSU claim and is an improvement on their
previous offer. The proposed performance cycle is from July to June each year,
with advancement applied from 1 September each year. Their proposal is for four
ratings:
Exceeds expectations (4)
Satisfactory/fully effective (3)
Support required (2), or
Agreed requirements not met (1).
Salary advancement is the same for a rating of “3” or “4”.
There would be two formal reviews – a mid-year review and end of year review,
supported by regular ongoing feedback. There is provision for deferred salary
advancement if you are rated as “2 - support required” at the end of year
review.
Performance agreements are underpinned by principles of joint responsibility,
confidentiality, no surprises, fair, holistic, and representations.
Individual performance agreements are holistic and need to be developed and
agreed by the employee and their supervisor. They also need to be consistent
with the employee’s classification, have outcomes and measures that are
realistic, measurable, achievable and within an employee’s control, and include
a learning and development plan. Any changes must be by agreement.
Performance management – back on track
Within this usual performance management process there is a “Back on Track”
process that means at any stage where an employee’s performance is identified as
below expectations, a plan can be agreed to focus on areas requiring
improvement. This means that locally drafted or ad hoc “support plans” currently
being used in Centrelink should no longer form part of any performance
management process.
The “Back on Track” plan needs to meet the same principles as a usual
Individual Performance Agreement. Once completed successfully, the IPA would be
adjusted to ensure the employee is not disadvantaged at annual assessment; so
that outcomes would be adjusted for the time the employee was on a back on track
plan.
The timeframes for “back on track” are agreed and must be completed before
any formal counselling process can commence. The “Back on Track plan goes for 12
weeks with early exit at 8 weeks if an employee has attained and sustained
effective performance. If at 8 weeks an employee has attained but not sustained
effective performance the process continues for the 12 week period. If at 8
weeks and employee has not attained effective performance they progress to the
formal performance counselling process.
The CPSU considers that this should help to improve procedural fairness and
create the best opportunity for people to demonstrate improvement instead of
being fast-tracked out of the department.
Underperformance – formal performance counselling
The informal documented aspect of performance management is called “Back on
Track” and is part of the normal performance management process.
Where an employee’s performance has not met expectations through a “back on
track” process they commence a 12 week formal performance counselling process.
Early exit from the process is available between 8 to 12 weeks where an employee
has attained and sustained effective performance.
If within 12 months, an employee’s performance is below expectations for the
same reasons and they have already been through a formal performance counselling
process; the “back on track” process will be reduced to 6 weeks, and if
required, the formal performance counselling will be reduced to 4 weeks.
Personal/carer’s leave
CPSU and DHS agree on retaining the current entitlement of 18 days for
personal leave for sick or caring purposes.
DHS proposal does not meet our claim for request of supporting evidence after
7 days in a year, as happens in Child Support and Medicare. DHS proposes that
supporting evidence is required after 5 days personal leave a year.
DHS proposes that a statutory declaration may be provided for personal leave
in appropriate circumstances such as where it is not reasonably practicable for
an employee to obtain evidence from a registered health practitioner.
Preservation of entitlements
DHS propose to preserve current leave entitlements and ensure they are
adjusted to reflect any changes in working hours. Annual leave and personal/carer’s
leave balances will be adjusted for full time employees and those part time
employees who adjust their working hours.
Private health
insurance subsidy and discount
DHS maintain their proposal to remove the private health insurance subsidy
available to approximately 1700 Medicare staff employed at 19 October 2001.
The department’s first offer was a one-off payment of $1115. The new proposal
will represent an improved offer for many employees. The department’s new
proposal is a payment of 2.5 times the actual value of the annual subsidy,
calculated on the subsidy for each employee at 13 October 2011. This would be
paid on commencement of the agreement and employees may choose to have this paid
as one lump sum or spread across two to six installments starting from the first
pay period of the new agreement.
DHS will hold a market testing process to identify one or more health
insurance providers who would provide a corporate discount on their retail
products to all interested DHS employees. All existing Medicare Australia
employees who currently access the existing Medibank Private corporate discount
rate of 8.3% through payroll will have this arrangement continue until market
testing and any subsequent negotiations on insurance are completed.
Professional membership costs
DHS propose to reimburse professional association membership costs and/or
registration fees, where these are required for the performance of an employee’s
duties, up to $1000 per year. Where these costs are higher than $1000, the
department may reimburse if there are exceptional circumstances.
This includes anyone in the professional stream and may include employees in
other job streams where professional registration and membership is required to
perform their role for DHS; or where registration/membership is considered to
provide a direct benefit to DHS.
The DHS proposal is consistent with Centrelink. This does not meet CPSU claim
for no cap on reimbursement of professional membership costs.
Please refer to “learning and development” for information on maintenance of
professional skills.
Provision of tea and coffee
DHS will not include provision in the agreement for supply in workplaces on
tea, coffee, Milo, sugar and milk for employees’ use, this is custom and
practice in Medicare Australia offices.
Public Holidays
DHS proposal cites the minimum standard of the Fair Work Act for public
holidays; this would allow for the substitution of Melbourne Cup Day through
state legislation.
The department will observe the APS holiday on the first working day
following the Boxing Day public holiday each year. This means that staff other
than 24/7 shift workers will not be required to work.
The department will not roster staff to perform external customer contact
duties, other than 24/7 shift workers, on the Saturday after Good Friday, or any
Saturdays that fall within the department’s reduced activity period (Christmas
Eve to New Years’ Day).
Public transport ticket scheme
DHS has agreed to implement a scheme that provides for employees to purchase
longer term public transport tickets through the Department and subsequently
reimburse the department in full.
The predicted cost of longer term public transport tickets means that fringe
benefits tax would not be payable. Should this change, the department would
advise affected staff and the expectation is that staff would reimburse the
department for any FBT amount or withdraw from the scheme before any charges
were incurred.
Purchased Leave
DHS’ claim meets our position to maintain the same entitlement for purchased
leave provisions.
Recruitment
There was general agreement by CPSU and DHS that ongoing employment should be
the usual form of employment. DHS did not agree to the CPSU proposal to shorten
the length of time for probation if an employee was previously a non-ongoing
employee.
Non-ongoing employees will be eligible for salary advancement if they have 12
months service in the same role.
Relocation costs
This is a DHS proposal relating to employees who relocate and the cost of the
relocation is paid for and agreed by the department. For example, DHS paying for
the removal costs and other costs for an employee relocating from the Adelaide
Child Support Office to the Brisbane Child Support Office.
DHS have amended their proposal and may now recover up to 50% of the costs of
the relocation from an employee where the employee leaves the APS within 12
months of relocation. This does not apply to employees employed under a Graduate
Program.
Remote Localities
DHS position on remote localities does not meet the CPSU claim.
There are “active” and “grandfathered” locations. Active locations means
existing and new employees are eligible for remote localities assistance (RLA).
In a grandfathered location only those employees currently in receipt of RLA
will continue to receive RLA.
For the proposed agreement this means that Cairns, Darwin, and Townsville
will be added to the list of grandfathered sites. Previously these locations
were active locations in Medicare. Darwin was an active location in CRS. New
employees in these locations will not have access to remote localities
allowance.
A “field equipment allowance” has been introduced that builds on an existing
entitlement for CRS employees (no more sharing swags), please refer to this item
for more information.
Resignation
Agreement in principle was reached on generally providing two weeks notice of
an employees intent to resign. A shorter period may be agreed between the
employee and the Agency.
Restriction Duty
DHS revised their position and propose rates payable for each hour or part
thereof on duty
Monday to Friday 7.5%
Saturday to Sunday 10%
Public Holidays 15%
DHS propose the following for minimum payments of overtime when on
restriction duty:
where there is a need to attend the workplace – 3 hours
where there is no need to attend the workplace – 1 hour
Retention,
Redeployment, and Redundancy (RRR)
DHS revised proposal includes expanded redeployment options within the
department with a view to preventing excess employee situations. Consultation
with potentially affected, affected employees and their representatives is
provided in this agreement.
DHS proposal includes aligning MCA and CRS with the provisions already
provided for in CSP and Centrelink including 7 and 13 months (for those 45 years
and over or with 20 years service) retention periods.
Rosters and Scheduling
The proposed agreement meets our claim. The agreement integrates current
rostering arrangements in Medicare, Centrelink and Child Support. It extends
best practise across all DHS programs and will assist in providing consistency,
equity and certainty for employees working in rostered environments.
Policy for rostering will be developed and agreed with CPSU.
We proposed that rosters include start and finish times; time and length of
lunch breaks; morning and afternoon tea breaks; start up and wind-down time; and
planned leave including flex, annual leave and public holidays. Our proposal
sees a link between rosters and scheduling activities within your rosters. In
our proposal, rosters take into account scheduled activities like phone
activities, off-phone or follow-up activities (like processing),
counter/face-to-face services, training, learning and development, team
meetings, one-on-one discussions, other approved activities and the 5 minutes
screen-based equipment break. This is included in your agreement.
Rosters will apply for 4 weeks
are genuinely negotiated with your direct supervisor
can be negotiated up to 12 weeks in advance
guarantee one or more planned day off in a month
include scheduled activities like follow up and processing
guarantee access to paid time tea breaks
guarantee time (totalling 15 mins) for prep and pack up
where cash counting occurs preparation time will be 15 minutes and pack
up time will be 15 minutes
ensure a 5 min screen-based equipment break after each 60 min of
continuous screen/telephony duty
learning and development time scheduled in blocks of at least 30 minutes
employees can request changes to rosters (and scheduled activities) via
swaps with other employees
The CPSU and DHS agree that rosters are not applicable in all areas of the
department and the schedule of activities required in a roster would depend on
the nature of the work.
Salary alignment and advancement
We have resolved most areas of difference on salary advancement and salary
alignment so that the department’s proposal will deliver 10.8% over the next 2.5
years to most employees.
One of the difficult issues has been the government’s salary cap of 3%. The
Australian Public Service Commission (APSC) has been checking all agreements
against this salary cap by calculating the Average Annualized Wage Increase(AAWI,
pronounced “ah-wee”) for each pay package that is submitted for their approval.
The CPSU negotiating team in DHS decided to maximize pay for salary purposes (3%
pay cap) and then focus on delivering more money through non salary payments and
incremental salary advancement.
In summary the second DHS offer includes
General pay increase of 3% or for those above the salary range the
equivalent non-salary payment in lieu of a pay increase
Additional incremental salary advancement (3.8% and 3.5%) or additional
payment for staff at the top of the range of $650
Two additional payments of $500 in recognition of major reform.
The proposal can be described in five ways, depending on your current salary:
(1) those below the salary range, (2) those within the salary range, (3) those
close to the top, (4) those at the top of the salary range, and (5) and those
above the salary range.
DHS revised their offer to apply the current Centrelink rate $15.00 net of
taxation per child capped at $150.00 net per week increased by the agreed
annualised pay percentage (yet to be agreed) over the life of the agreement.
This has been agreed in principle.
Potential outcomes
Medicare: an increase in the ability to access the allowance
CSP: a new entitlement
CRS: a new entitlement
Centrelink: an increase in the allowance by the annualised pay
percentage over the life of the agreement
Shiftwork
DHS proposal includes provisions consistent with general practise across the
APS and most familiar to Centrelink shiftworkers.
DHS has agreed to grandfather all current shift provisions for existing
Medicare shift workers where they differ from ongoing practice.
Special Leave
DHS propose a 2 days paid miscellaneous leave “special leave” per year for
unforeseen personal emergencies and to attend the funeral/wake of a person where
bereavement leave would not apply. This is a current Centrelink entitlement and
improves an existing Medicare entitlement.
DHS’ claim does not meet our position. The CPSU position is for 3 days
special leave for these circumstances.
Superannuation
DHS are proposing to use the Australian Public Service Commission’s model
clause; this has recently been negotiated between CPSU and APSC.
The proposal includes, employees in a superannuation accumulation plan (PSSap
and all industry super schemes) make contributions based on their Ordinary Time
Earnings (OTE). Some employees currently contribute to accumulation plans
calculated on the annualised Fortnightly Contribution Salary (FCS). The
difference is that FCS is calculated annually on your birthday and OTE is
calculated each payday.
The agreement provides for payment to be made where a superannuation fund
cannot accept payments because of the employee’s age.
DHS rejects the CPSU claim that DHS pay superannuation during periods of
unpaid parental leave (including maternity leave).
Supported salary
CPSU and DHS agree on maintaining current arrangements for a supported wage
scheme as currently applies in Centrelink, consistent with arrangements in the
other departmental agencies.
Supporting Partner Leave
DHS proposes 2 weeks paid for the supporting partner on the birth, adoption
or fostering of a child and an additional two weeks leave from an employee’s
personal leave accrual.
Consistent with the Fair Work Act, they may allow access to 12 months leave
without pay and right to request a further 24 months leave (the FWA Act provides
for 12 months); depending on the partner’s access to this leave. An employee may
also access leave without pay (LWOP) following supporting partner leave. That
is, that application for up to two years LWOP would not be unreasonably refused
for parental, fostering, adoption and supporting partner leave.
Both parties agree that supporting partner leave can be taken at half pay.
DHS’ claim does not meet our position. The CPSU position is for 6 weeks paid
supporting partner leave and access to leave without pay and part time work for
up to five years.
Tea Breaks
Rosters will include provision of tea breaks. Policy will be negotiated
between the DHS and CPSU to ensure all staff have access to adequate tea breaks.
Travel
Excess travel time
This provision would apply where an APS1 to APS 4 employee is required to
work at a location other than their usual place of work for official purposes
and the travel time exceeds their usual travel time by 30” in any one day.
DHS and CPSU agree that the “usual place of work” means
the site where an employee normally reports for duty; or
one agreed office location within a group of sites where an
employee is regularly rostered to report for duty. A group of sites may be
clustered providing that cluster is reasonable in all circumstances.
This is special concern with ongoing service delivery reforms and
Service Zones.
ETT does not apply where an employee is receiving travel allowance.
This only partially meets our claim as Medicare currently have access to this
provision up to APS6.
Part day travel allowance
DHS revised their position to include part day travel allowance.
Non-commercial accommodation allowance
DHS reviewed their initial position to remove the non-commercial
accommodation allowance. CPSU has agreed to DHS’ proposal for a non-commercial
accommodation allowance of a single $86 payment if you are staying away for one
or two nights in non-commercial accommodation and if you are staying away for
three nights or more, then the rate is $45 per night.
Uniforms
DHS agrees to consult with employees and their representatives on design and
gradual implementation of DHS corporate wardrobe. Any implementation of
compulsory uniforms will take into consideration OH&S principles and
obligations. Where uniforms are required they will be issued to staff at no
cost. A subsidy program will be provided for wardrobe items for staff in other
work areas.
The DHS proposed pay package - Nov 2011 This table summarises the proposed pay package that forms part of the department’s proposed EA. The package can be described in 5 ways, depending on your current salary. Download the pdf
