This fact sheet outlines your rights when it comes to being relocated from one office to another. Your conditions on these matters are outlined in clause 97 of the ATO (General Employees) Agreement 2009.
What is an Inter-city Transfer?
In the context of this Agreement, a city is defined as being the “greater
metropolitan area.” Therefore any move which entails relocating outside the
greater metropolitan area in which you are currently located would constitute an
Inter-city Transfer.
What are the ATO’s obligations to staff?
Clause 97.6 of the Agreement states that “There will be no compulsory moves
between cities.” Any proposed move must therefore be made on a voluntary basis.
What is an Intra-city Transfer?
An Intra-city Transfer is any ATO initiated proposal to move employees
between buildings in the same city.
What are the ATO’s obligations to staff?
Consulting with employees and their representatives (CPSU) at the earliest
practicable stage regarding any proposal to permanently move staff between
buildings.
Ensuring that to the fullest extent practicable any movement of staff
occurs on a voluntary basis.
Considering any hardship factors which may affect an employee’s ability
to undertake such a move. Hardship factors may include, but are not limited
to:
a) Personal circumstances such as caring responsibilities
b) Medical issues
c) Issues arising from a spouse’s employment
d) Reasonable travel time (benchmark is 90 mins one way)
e) Additional costs or financial commitments
f) Education/ training commitments
g) Problems in a prior location
h) Childcare arrangements
Providing suitable notice of the intention to move staff. For moves
between suburbs at least one month’s notice must be given. Moves within a
suburb (including within a CBD area) must come with as much notice as is
reasonable.
What are your entitlements?
If you will incur significant costs associated with a relocation, you
will be eligible for a one-off payment. Depending on your APS
classification, the payment will amount to:
a) For APS 3 and below - $975 ($1007 from 8/7/2010)
b) For APS 4 and above - $648 ($669 from 8/7/2010)
Your team leader can allow you up to 3 days leave to arrange any
personal matters which are affected by the move.
What are your rights?
To be consulted at the earliest possible time.
To have volunteers called for before anyone is forced to relocate.
To have hardship factors taken into consideration when assessing your
suitability to be relocated.
To receive at least one month’s notice of a move between suburbs.
To receive a one-off payment to offset costs associated with a
relocation.
To receive up to 3 days leave to arrange your personal matters.
Appeal and Review Rights
You have the right to be represented by CPSU in all matters relating to a
relocation between offices. If you are concerned about a proposed relocation,
talk to your CPSU delegate or the Member Service Centre 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 (see
ATO GE Agreement Fact Sheet #11 for more information).
If you believe there are genuine hardship factors affecting your ability to
relocate, you will need to lodge a Hardship Application. Your CPSU
representatives will also be able to assist you in this process. It is important
that you keep written documentation of this process and any relevant
correspondence.
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 at
www.cpsu.org.au, or call 1300 137 636.
