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ATO - Understanding your rights


This series of fact sheets outlines your rights as employees of the ATO, including AVO employees.

The majority of your conditions are provided for in the ATO (General Employees) Agreement 2009 if you are at the EL1 level or below. This is generally referred to as the “GEA” or the “Agreement”. EL2 employees are covered by the ATO EL2 Agreement 2009, although parts of the GEA also affect EL2s because they deal with broad issues, such as the Client Service Window.

The ATO GE Agreement 2009 Fact Sheets deal with the GEA. Those about specific EL2 issues are called ATO EL2 Agreement 2009 Fact Sheets

How do I get access to my rights?

  1. Know what your entitlements are
    • Read the relevant CPSU Agreement 2009 Fact Sheet
    • Check the Agreement that covers you
    • Talk to your CPSU delegate or organiser, or call CPSU on 1300 137 636
       
  2. Understand decisions that affect you
    • Talk to your team leader about decisions that impact on you. Ask the reasons for decisions. Ask how the Agreement applies.
    • Talk to your CPSU delegate or organiser, or call CPSU on 1300 137 636. Ask what your rights are.
       
  3. Get it in writing
    • Although it’s generally good to start with a discussion, request access to your rights or entitlements in writing (vital if you want to seek a review of a decision)
    • Ask for decisions in writing
       
  4. Consider compromise
    • Often there isn’t a clear right or wrong answer. Showing you will consider options in these situations can help you get most of what you want, and could help you next time.

Right of review

You have the right to be represented by CPSU in all work-related matters. If you disagree with a decision, talk to your CPSU delegate or call CPSU on 1300 137 636 immediately. They can help you use the Disputes Avoidance and Settlement Procedures (DASP) in your Agreement or lodge a review of employment action.

The earlier you talk to CPSU about a work-related issue, the better the potential outcomes are. Are all my entitlements and conditions contained in the Agreement?

For the most part, your conditions and entitlements are specified in the Agreement. Further detail about the Agreement is often provided in ATO guidelines, but these cannot override the Agreement.

The Australian Government Employment Framework and Supporting Guidance September 2009 outline the government policy on workplace relations, remuneration, funding and staffing.

There is also legislation that determines your rights and obligations:

  • Public Service Act 1999 (the Act) is the principal Act governing the establishment and operation of, and employment in, the Australian Public Service
  • The Public Service Regulations 1999 make necessary or appropriate provisions in relation to a range of matters for the purpose of giving effect to the provisions of the Act.
  • The Public service Commissioner’s Directions 1999 cover matters relating to the APS Values, Diversity in Employment, Merit in Employment, the Code of Conduct and SES Employment.
  • The Public Service Classification Rules establish the general service wide levels of APS employees, regardless of the operation of agency classifications arranged through Certified Agreements
  • Administrative Appeals Tribunal Act 1975
  • Administrative Decisions (Judicial Review) Act 1977
  • Crimes Act 1914
  • Disability Discrimination Act 1992
  • Equal Employment Opportunity (Commonwealth Authorities) Act 1987
  • Equal Opportunity For Women In The Workplace Act 1999 (Consolidated version)
  • Fair Work Act 2009
  • Freedom of Information Act 1982
  • Occupational Health and Safety Act 1991
  • Privacy Act 1988
  • Public Employment (Consequential and Transitional) Amendment Act 1999 (Consolidation version)
  • Sex Discrimination Act 1984
  • Superannuation Act 2005
  • Superannuation Act 1990 (Consolidation version)
  • Superannuation Act 1976 (Consolidation version)
  • Superannuation Guarantee (Administration) Act 1992

For more detail on how legislation affects you at work, you can go to the Australian Public Service Commission website or you can call on the extensive resources of CPSU by contacting your CPSU delegate, or the CPSU membership service centre on 1300 137 636

Join CPSU

CPSU exists to make a positive difference to members’ lives. Collective strength gives us the power to defend your rights at work. To join CPSU, see your workplace delegate for an application form, join securely online or call 1300 137 636.

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URL: http://www.cpsu.org.au/members/infopages/17156.html
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