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Australian Federal Police Enterprise Award 2016
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777378 and PR778126).
Clause(s) affected by the most recent variation(s):
5—Types of employment
7A—Employee right to disconnect
Schedule F—Definitions
Table of Contents
[Varied by PR774872, PR778126]
Part 1—Application and Operation
1.1 This award is the Australian Federal Police Enterprise Award 2016.
1.2 This award commences on 19 August 2016.
1.3 This award supersedes the Australian Federal Police Award 2002. The replacement of the predecessor award by this award does not affect any right or liability that a person acquired, accrued or incurred under the predecessor award.
1.4 Schedule F—Definitions sets out definitions that apply in this award.
1.5 The monetary obligations imposed on the AFP by this award may be absorbed into over award payments. Nothing in this award requires the AFP to maintain or increase any over award payment.
1.6 The making of this award is not intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, the Fair Work Commission may make any order it considers appropriate to remedy the situation.
2. The National Employment Standards and this award
2.1 The National Employment Standards (NES) and entitlements in this award contain the minimum conditions of employment for employees covered by this award.
2.2 The employer must ensure that copies of this award and the NES are available to all employees to whom they apply.
2.3 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.2 This award covers the Commonwealth of Australia in respect of the functions of the AFP.
Note: section 795 of the Act provides that the Commonwealth of Australian must act only through the employee’s employing authority, acting on behalf of the Commonwealth of Australia. As at the date of this award, the relevant employing authority is the Commissioner.
3.3 This award covers employees in the classifications listed in clause 9.2 to the exclusion of any other modern award.
3.4 The award does not cover employees who have been declared Senior Executive employees in accordance with section 25 of the Australian Federal Police Act 1979.
3.5 The award does not cover an employee excluded from award coverage by the Act.
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates; and
(d) allowances.
4.2 The Commissioner and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under clause 4 can only be entered into after the individual employee has commenced employment with the AFP.
4.3 The agreement between the Commissioner and the individual employee must:
(a) be confined to a variation in the application of one or more of the terms listed in clause 4.1; and
(b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.
4.4 The agreement between the Commissioner and the individual employee must also:
(c) detail how the application of each term has been varied by agreement between the Commissioner and the individual employee;
(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and
(e) state the date the agreement commences to operate.
4.5 The Commissioner must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.
4.6 Except as provided in clause 4.4(a) the agreement must not require the approval or consent of a person other than the Commissioner and the individual employee.
4.7 Where the Commissioner is seeking to enter into an agreement, it must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the Commissioner must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.
4.8 The agreement may be terminated:
(b) at any time, by written agreement between the Commissioner and the individual employee.
Note: If any of the requirements of section 144(4), which are reflected in the requirements of clause 4, are not met then the agreement may be terminated by either the employee or the Commissioner, giving written notice of not more than 28 days (see section 145 of the Act).
4.9 The right to make an agreement pursuant to clause 4 is in addition to, and is not intended to otherwise affect, any provision for an agreement between the Commissioner and an individual employee contained in any other term of this award.
Part 2—Types of Employment and Classifications
[Varied by PR733947, PR777378]
5.1 All employees are engaged under section 24 of the AFP Act.
5.2 Employees shall be engaged on the basis of one of the following types of employment:
(b) fixed term employment (non-ongoing); or
(c) casual employment
5.3 Subject to clause 5.9, ongoing employment will be the standard form of employment in the AFP.
5.4 Employees in the listed types of employment in clauses 5.2(a) and 5.2(b) may be engaged to work full-time or part-time hours.
5.5 At the time of engagement, the AFP will inform each employee in writing of the terms of their engagement, including:
(a) the type of employment;
(b) whether a probationary period applies and, if so, the expected duration of the period and advice in relation to the maximum duration of the period; and
(c) if the person has been engaged as a fixed term employee, the project or task in relation to which the person has been engaged and/or the duration of the engagement.
5.6 No pressure will be exerted on full-time employees to convert to part-time work or to transfer to another position to make way for part- time work.
(a) A part-time employee is an employee who:
(i) works less than the normal working hours referred to in clause 7.1(a);
(ii) has specified hours of work; and
(iii) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees of equivalent classification.
(b) Prior to commencing part-time work, the Commissioner and the employee shall agree in writing on a regular pattern of work, specifying the hours worked each day, which days of the week the employee will work, the actual starting and finishing times each day.
(c) Any part-time work arrangement may be varied by agreement. Such variation shall be recorded in writing.
(d) Clause 5.7 applies to employees engaged on a part-time basis only. Employees engaged on a full-time basis wishing to enter into a part-time working arrangement are covered by clause 4.
5.8 Casual employment
[5.8(a) substituted by PR733947 from 27Sep21]
[New 5.8(b) inserted by PR733947 from 27Sep21]
[5.8(b) renumbered as 5.8(c) by PR733947 from 27Sep21]
(c) The following provisions of this award do not apply to casual employees:
(i) clause 15—annual leave;
(ii) clause 16—personal/carer’s leave and compassionate leave;
(iii) clause 20—public holidays.
(iv) clause 21—termination of employment;
(v) clause 22—redundancy.
[5.8(c) renumbered as 5.8(d) by PR733947 from 27Sep21]
(d) Where, because there is insufficient work available on any one day, a casual employee is directed to leave work, that employee shall receive payment for the hours worked and for the remainder of the previously agreed hours of work for that day.
[5.8(d) renumbered as 5.8(e) by PR733947 from 27Sep21]
(e) Casual employees shall normally be employed for a maximum of 480 hours (equivalent to twelve weeks of 40 hours) in any twelve month period.
[5.8(e) renumbered as 5.8(f) by PR733947 from 27Sep21]
(f) Such employment may be extended for a further period by agreement between the AFP and the employee.
(a) Fixed term employment means employment for a specified period of time.
(b) The Commissioner may engage an employee for a fixed term in the circumstances:
(i) Where the engagement is to cover the temporary absence of another employee on a recognised form of leave or secondment/transfer.
(ii) Where the engagement is clearly of a limited term nature in that the work:
· has specifically defined objectives related to the period of the term; and
· requires skills which cannot be provided by existing employees or requires the commitment of resources for a fixed term beyond the capacity of the existing number of ongoing staff; and
· on the balance of probabilities, after the work is completed there will be no ongoing need for the skills being sought or there will be sufficient competent ongoing staff available to satisfy the requirements of ongoing, existing and foreseeable funded activities.
(iii) To cope with seasonal periods of a peak load.
(iv) Where the AFP wishes to employ a recognised specialist in a field for a fixed term.
(v) Where engagement is as a trainee, including a bona fide apprenticeship scheme or a government sponsored training scheme.
(vi) Where a fixed term engagement is preferred by the employee and this is acceptable to the AFP.
(c) With the exception of engagements, or re engagements, made in accordance with clause 5.9(b)(vi) above, no single fixed term employment, or aggregate of continuous periods of fixed term employment shall exceed five years.
(d) For the purposes of clause 5.9(c) above, an employee engaged for one or more fixed term periods will be regarded as having continuous service over the cumulative period of the term(s), subject to no break between periods of employment with the AFP being greater than six months, provided that the periods of employment involve essentially the same work in the same business area.
5.10 Changes to casual employment status
[5.10 inserted by PR733947 ppc 27Sep21; renamed and substituted by PR777378 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 24—Dispute resolution.
6.1 A description of the classifications under this award is set out 24.9—Classifications.
7. Ordinary hours of work and rostering
7.1 Ordinary hours of work – all employees
(a) In accordance with the provisions of the NES the Normal Working Hours of employees will be:
(i) 38 ordinary hours per week; and
(ii) Not less than two reasonable additional hours per week.
(b) Accordingly, employees will work an average of 40 hours per week, inclusive of paid meal breaks as outlined in clause 8.1.
(c) The ordinary hours of an employee who is not a shiftworker may be averaged over a four week period.
7.2 Pattern of hours – non shiftworkers
The following arrangements shall apply in respect to employees who are not shiftworkers:
(a) Subject to clause 7.2(b), an employee’s times of commencing and ceasing duty, including meal breaks, shall be subject to agreement between that employee and their team leader.
(d) The Commissioner may require an employee to perform their Normal Working Hours within the bandwidth specified in clause 7.2(b) where it is in the best interests of the AFP.
(e) Notwithstanding the provisions of clauses 7.2(b) and 7.2(c), the Commissioner may require an employee, who is not a shiftworker, to perform ordinary duty at specified times outside the bandwidth hours provided for in clause 7.2(c).
(a) General
(i) Shiftworkers may be required to perform his or her normal working hours during any hours of the day, seven days a week (including public holidays).
(ii) The ordinary hours of duty for an employee shall be specified by the Commissioner and be arranged so as to provide four rostered days off in each fortnight, and where practicable one of such days each fortnight shall include a Sunday, provided that no employee shall be required to work more than two Sundays in four.
(iii) Where practicable, each day off shall be a clear break of at least 24 hours.
(iv) For each applicable area of the AFP, a roster will be drawn up which shall contain details of the shifts to be worked by an employee of that is attached to that particular area. Such rosters will be displayed in the work area in such a way as to ensure that an employee has ready access to the roster applicable to him or her.
(v) Where practicable, split shifts will only be worked by agreement between the employee and the team leader.
(b) Notice of change in shift
(iii) Where it is necessary for an employee to perform ordinary duty at other than the rostered hours of duty on any day without having received the notice in clause 7.3(b)(ii), payment shall be made at the appropriate overtime rate for duty performed outside the rostered hours of duty, and at the ordinary rate for duty which falls within the normal rostered shift. This penalty rate is in substitution for any other penalty which would otherwise apply to that portion of the duty which falls outside the normal rostered shift.
(iv) The provisions of clause 7.3(b)(iii) shall not apply in circumstances where an employee is called upon to perform ordinary duty at a time, other than his or her rostered shift, because of illness or other absence of another employee of which the team leader did not have 48 hours’ notice.
(v) Where an employee, after commencing duty on his or her rostered shift on any day, is instructed to cease duty and complete his or her rostered hours later in the day, no deduction should be made from the ordinary day’s pay in respect of the break in duty. For all time of duty subsequent to the ordinary rostered hours of ceasing duty, payment should be made at the appropriate overtime rates.
7.4 Rest Periods – All Employees
(a) The roster of shifts drawn up in accordance with clause 7.3 shall be arranged so as to allow a break of at least eight consecutive hours off duty, plus 30 minutes travelling time each way, between the termination of one rostered shift and the commencement of the next rostered shift.
(b) An employee who, between the termination of ordinary duty on one day or shift and the commencement of ordinary duty on the next day or shift, works so much overtime that the employee has not had at least eight continuous hours off duty plus 30 minutes travelling time each way, shall, subject to clause 7.4(c), be released from duty after completion of the overtime until the employee has had eight continuous hours off duty, plus 30 minutes travelling time each way, without loss of pay for ordinary working time occurring during the time off duty.
(d) This provision also applies to employees recalled to duty in circumstances covered by clause 14.6, however the eight hour period shall commence, where applicable, from the time the employee actually completes duty and not the expiration of the minimum period for payment provided for in the respective provisions.
(e) Except with the approval of the Commissioner, an employee above Classification Level 5 shall not be eligible to receive payment for overtime under clause 7.4.
7A. Employee right to disconnect
[7A inserted by PR778126 from 26Aug24]
7A.1 Clause 7A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
7A.2 Clause 7A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
7A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
7A.4 Clause 7A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee’s working hours where:
(a) the employee is being paid the on-call allowance under clause 14.7; and
(b) the employer’s contact is to notify the employee that they are required to attend or perform work or give other notice about the on-call.
7A.5 Clause 7A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of:
(a) an emergency roster change under clause 7.3(b)(iv); or
(b) a recall to work under clause 14.6.
8.2 Where an employee is performing shiftwork or an extended pattern of attendance and works in excess of 9 hours in a day, the employee will be entitled to a second meal break, between each fourth and fifth hour of duty after each previous meal break.
8.3 Paid meal breaks are included in the Normal Working Hours of an employee, and will be treated as time worked.
8.4 Where an employee’s meal break exceeds 24 minutes, the period of the break in excess of 24 minutes shall not be counted as time worked.
Part 4— Wages and Allowances
[Varied by PR592244, PR606468, PR707584, PR718960, PR729407, PR740831, PR762251, PR774033]
9.1 Employees performing work within the classifications listed in clause 9.2 will be paid an annual salary at no less than the minimum rate adjacent to the relevant classification as set out in clause 9.2. Minimum rates of pay for junior employees will be as set out in clause 9.2.
[9.2 varied by PR592244, PR606468, PR707584, PR718960, PR729407, PR740831, PR762251, PR774033 ppc 01Jul24]
|
Classifications |
Minimum rate $ |
Hourly rate $ |
|
Level 1 |
50,149 |
24.03 |
|
Level 2 |
52,537 |
25.18 |
|
Level 3 |
58,487 |
28.03 |
|
Level 4 |
67,181 |
32.20 |
|
Level 5 |
75,625 |
36.24 |
|
Level 6 |
92,567 |
44.36 |
|
Level 7 |
102,472 |
49.11 |
|
Level 8 |
112,376 |
53.85 |
|
Executive Level |
130,998 |
62.78 |
|
Age |
% of Assigned Classification |
|
16 |
44.5% |
|
17 |
58.5% |
|
18 |
73% |
|
19 |
83% |
|
20 |
95% |
9.4 Payment of Wages
(a) Fortnightly Pay
Unless otherwise agreed with the individual, employees shall be paid fortnightly in accordance with the following formula:
|
Annual Salary |
x |
12 |
|
313 |
|
|
(b) Hourly Rate
The ordinary hourly rate shall be calculated using the following formula:
|
Annual Salary |
x |
6 |
|
313 |
|
40 |
9.5 Higher Duties Allowance (HDA)
The AFP may approve the payment of HDA:
(b) For the purposes of paragraph 9.5(a), the reference to ‘working days’ means all of the rostered duty occurring within a period of ten calendar days, regardless of the actual number of shifts that occur within the ten calendar day period. This means a shiftworker is not required to work ten consecutive shifts before higher duties is payable.
(c) Long Term HDA – variation of rate of payment of HDA
An employee who has been in receipt of a higher duties allowance for a period of at least twelve months may have their rate of payment varied by the Commissioner to take account of performance related salary movements.
(d) HDA and Leave
Where an employee, who at the time of proceeding on approved leave with pay, is receiving a higher duties allowance, such allowance shall continue to be paid where the Commissioner agrees that the allowance would have been paid but for the grant of the leave.
(e) Where an employee takes approved leave with pay which is less than leave on full pay, the payment of an allowance shall be made on a pro rata basis.
9.6 Supported wage system
See Schedule D.
9.7 National training wage
[Varied by PR592244, PR592394, PR606468, PR606618, PR704112, PR707584, PR707797, PR718960, PR719112, PR729407, PR729586, PR740831, PR740990, PR762418, PR762251, PR774033, PR774202]
10.1 Allowance rates
Employers must pay to an employee such allowances as the employee is entitled to under clause 10. See Schedule C for a summary of monetary allowances and the method of adjustment.
10.2 Application of allowances
Unless otherwise specified, allowances:
(a) are not included in an employee’s salary (and therefore do not affect the calculation of penalties or overtime rates); and
(b) are cumulative (that is, an employee can be paid more than one allowance).
[10.3 varied by PR592244, PR606468, PR707584, PR718960, PR729407, PR740831, PR762251, PR774033 ppc 01Jul24]
An employee shall be paid an allowance at the rate of $26.65 per day for any day, or part thereof, on which he or she performs authorised diving duties.
10.4 Explosives harmless allowance
[10.4 varied by PR592244, PR606468, PR707584, PR718960, PR729407, PR740831, PR762251, PR774033 ppc 01Jul24]
An employee who is required to render objects or devices suspected of being explosives harmless shall be paid an allowance of $26.65 on each occasion he or she is so required.
[10.5 varied by PR592244, PR606468, PR707584, PR718960, PR729407, PR740831, PR762251, PR774033 ppc 01Jul24]
An employee performing guard duty that does not have access to hygienic toilet, hand-washing facilities, heating and shelter from extreme climatic conditions will be paid an allowance at the rate of $3.19 per hour, or part thereof, while performing those duties.
10.6 Coroner’s officer allowance
[10.6(a) varied by PR592244, PR606468, PR707584, PR718960, PR729407, PR740831, PR762251, PR774033 ppc 01Jul24]
(b) An allowance payable under 10.6(a) shall be payable whilst the employee is absent on Annual Leave, Personal or Carer’s Leave, Maternity Leave, or Long Service Leave, provided that he or she was engaged in duties attracting the allowance immediately before proceeding on leave, and would have been engaged in those duties had he or she not proceeded on leave.
(i) conducts investigations which normally bring him or her into contact with employees of the general community in the course of those investigations; and
(ii) incurs out of pocket expenses in the performance of these duties.
[10.7(b) varied by PR592394, PR606618, PR704112, PR707797, PR719112, PR729586, PR740990, PR762418, PR774202 ppc 01Jul24]
(b) An employee who is entitled to a spending allowance by virtue of clause 10.7(a) shall be paid the allowance at the rate of and not exceeding:
|
|
Per annum |
|
Work level 3 and above |
1930 |
|
Work level 2 in first year of duty |
792.94 |
|
Work level 2 in second year of duty |
1163 |
|
Work level 2 in third and subsequent years of duty |
1534 |
(c) Allowances payable under subclause 10.7 shall be payable whilst an employee is absent on recreation leave and for a period of two weeks on sick leave in any calendar year.
(d) The Commissioner may determine that an employee who is not performing duties that fall within the criteria set out in subclause 10.7(a), may by reason of special circumstances be paid the allowance.
(a) The Commissioner may approve the payment of relocation expenses to a person on their engagement with the AFP, or to an employee who is assigned to a different geographic location, or on retirement.
(b) Where relocation is at the discretion of the Commissioner, such payment will include the payment of fares of accompanying members of the employees immediate family, removal expenses of furniture and effects and temporary accommodation and rental assistance.
For the purpose of clause 10.9:
(a) Travelling time shall mean the time taken by an employee to travel to/from his or her place of residence to/from his or her usual place of work. It does not include:
(i) any period for which overtime is payable;
(ii) any travelling during ordinary hours of duty;
(iii) time of travelling by ship on which accommodation and meals are provided; or
(iv) time of travelling by train where a sleeper is provided; and
(b) For the purpose of clause 10.9, usual place of work shall mean the place at which an employee ordinarily performs duty.
(c) Temporary performance of duty at another location
Where an employee is directed to report for duty at a place other than his or her usual place of work, and the travelling time between the employee’s place of residence and their temporary place of work exceeds the travelling time between the employee’s residence and their usual place of work, the employee shall be entitled to an additional payment at the rate of single time for the excess period of travel.
(d) Temporary performance of duty at a place for a period in excess of three months
(i) Where an employee is directed to perform duty temporarily at a place for a period in excess of three months, that location shall be deemed to be his or her usual place of work for the purposes of clause 10.9.
(ii) Where an employee is directed to perform duty temporarily at a place for an unknown period, the employee shall be eligible for payment for excess travelling time for a maximum continuous period of three months, at which time that location will be deemed to be the employee’s usual place of work.
(e) Travel by motor vehicle to another town or city
(iii) The provisions of subclauses 10.9(e)(i) and 10.9(e)(ii) shall apply to any passengers carried in the vehicles, except that payment to the passengers shall be at single time only and no overtime shall apply.
(iv) Payments applicable under subclause 10.9(e)(i) shall only be made for the actual period of excess travelling time involved. The provisions of subclause 14.3(a) do not apply to payments under clause 10.9.
(f) Exclusion from allowance
An employee above Classification Level 5 is not entitled to payment for excess travelling time.
[10.10 varied by PR592394, PR606618, PR704112, PR707797, PR719112, PR729586, PR740990, PR762418, PR774202 ppc 01Jul24]
An employee who, in accordance with his or her duty, is required to camp out and is supplied with camping equipment, may seek reimbursement for costs of genuine expenses incurred to a maximum of $39.41 per day.
10.11 Clothing allowance for Escort officer
(a) An employee who is required to perform escort duties for a visiting Employee of the Royal Family, Head of State, and accompanying official party or other similar visitors shall be reimbursed in accordance with the conditions set out in subclauses 10.11(b) and 10.11(c), subject to the production of receipts and having regard to any similar allowances granted in respect of previous escort duties.
Essential items of formal wear required for personal appearance should normally be hired, the cost being met from official funds. However, where it is demonstrated that purchase is more economical and satisfactory than hiring, an employee may, subject to the necessary approvals, purchase essential items and be reimbursed reasonable expenses to the extent of $2.00 for every $3.00 spent up to a maximum of $333.00 once in a twelve month period.
Providing there is a requirement that the employee perform escort duty in plain clothes and subject to the necessary approvals being obtained, an employee may be reimbursed reasonable expenses to the extent of $2.00 for every $3.00 spent on the purchase of essential clothing up to a maximum of $333.00 once in a twelve month period.
(d) Provided that such reimbursement will not be available to an employee in receipt of an allowance payable under clause 10.12.
10.12 Clothing allowance – plain clothes
(i) Is required to wear plain clothes for the performance of his or her normal duties or is directed by the Commissioner to perform duties in plain clothes shall be paid an allowance at the rate of $1267 per annum for the purchase of articles of civilian clothing.
(ii) A police employee who does not perform continuous full-time duty in plain clothes, shall be paid the allowance provided in subclause 10.12(a)(i) on a pro rata basis for the day or days the employee is required to perform duty in plain clothes.
(b) A police employee will be paid the allowance under subclause 10.12(a)(i) in advance in two equal parts payable on the first day of April and the first day of October in each year or as soon as practicable thereafter.
(c) Where a police employee becomes entitled to a payment under subclause 10.12(a)(i) for a period of less than six months prior to the first day of April or the first day of October, as the case may be, he or she shall be paid a proportionate amount of the allowance based on the following formula:
|
A x B |
|
365 |
where A is the number of days of entitlement to the allowance and B is the annual amount of the allowance.
(d) Where the allowance is paid to a police employee in accordance with subclauses 10.12(a) and 10.12(b) and the employee ceases to be eligible for payment of the allowance, otherwise than by death, that employee shall be liable to repay to the Commonwealth any amount paid in advance in accordance with the following formula:
|
A x B |
|
365 |
where A is the number of days between the date of cessation of eligibility for payment of the allowance and the next following first day of April or first day of October, as the case may be, and B is the annual rate of the allowance.
(i) the cost of hiring essential items of formal wear will be met from official funds; or
(ii) if it is demonstrated that the frequency of use of formal wear is such that purchase is more economical and satisfactory than hiring, approval may be given to the reimbursement of reasonable expenses to the employee of the cost of purchase of essential items to the extent of $2.00 for every $3.00 spent on the purchase of essential clothing up to a maximum of $333.00 once in a twelve month period.
10.13 Dog handlers (home kennelling) allowance
[10.13(a) varied by PR719112, PR729586, PR740990, PR762418, PR774202 ppc 01Jul24]
(a) Where a dog is kennelled at the home of a qualified dog handler and he or she is required to care for and maintain the dog during hours rostered off duty, he or she shall be entitled to an allowance at the rate of $2.25 per day.
(b) This allowance shall not be payable in respect of any day the dog is kennelled away from the employee’s home at the AFP’s expense.
10.14 Overtime meal allowances
[10.14(a) varied by PR592394, PR606618, PR704112, PR707797, PR719112, PR729586, PR740990, PR762418, PR774202 ppc 01Jul24]
[10.14(b) varied by PR592394, PR606618, PR704112, PR707797, PR719112, PR729586, PR740990, PR762418, PR774202 ppc 01Jul24]
(b) Where an employee is required to perform duty of at least five (5) hours duration additional to the overtime duty specified in subclause 10.14(a), and the second period of overtime duty is continuous with the first period of overtime duty, the employee shall be paid a meal allowance of $31.22, except that the allowance shall not be payable where the employee is provided with a meal at Commonwealth expense.
[10.14(c) varied by PR592394, PR606618, PR704112, PR707797, PR719112, PR729586, PR740990, PR762418, PR774202 ppc 01Jul24]
(c) Where an employee is required to perform further continuous overtime duty to that specified in subclause 10.14(b) the employee shall be paid a meal allowance of $31.22 for each additional five hours of overtime worked, except that the allowance shall not be payable where the employee is provided with a meal at Commonwealth expense.
(d) Where an employee is required to perform overtime duty not continuous with ordinary duty, and the employee is not provided with a meal at Commonwealth expense, he or she shall be paid a meal allowance at the rate prescribed in 10.14(a):
(i) after performing two hours of overtime; and
(ii) thereafter, for each additional five hours of overtime worked.
[Varied by PR592394, PR606618, PR704112, PR707797, PR719112, PR729586, PR740990, PR762418, PR774202]
11.1 Eligibility for district allowance
(a) An employee residing in a locality which falls into Grade 1, 2, 3, or 4 is entitled to be paid district allowance.
(b) To be eligible to be paid the allowance for an eligible dependant and/or an eligible partner, the dependant or partner must reside with the employee, and their income, if any, must be less than the national minimum wage per annum.
(c) An employee with a partner who is also entitled to the payment of district allowance will be regarded as an employee without dependants for the calculation of district allowance.
(d) Where an employee is entitled to the payment of district allowance on the day immediately prior to the commencement of a period of annual leave, the payment of district allowance will continue during the period of annual leave, irrespective of where the employee resides during the leave.
(e) An employee may, where the employee is in receipt of travelling allowance, be paid district allowance in addition to travelling allowance while temporarily stationed in a locality that would normally attract the payment of district allowance where the Commissioner considers this appropriate.
11.2 Determination of locality
(a) To determine whether a district allowance is payable in a particular locality (findings should be reviewed every three years), the locality must first fall into one of the following categories according to the Australian Standard Geographical Classification (ASGC) Remoteness Structure. For each category a score has been allocated:
(i) Outer regional = 2
(ii) Remote = 7
(iii) Very remote = 9
(b) The score assigned to the locality is then further weighted with an additional score based on:
(i) population (according to Australian Bureau of Statistics Census):
· score of 1 if less than 5000 people;
· score of 0 if more than 5000;
(ii) temperature (according to Bureau of Meteorology statistics) – score depending on number of months with a mean maximum monthly temperature above 30 degrees Celsius:
· score of 1—for between 6 and 9 months per year with a mean maximum monthly temperature in excess of 30 degrees Celsius;
· score of 2—for greater than 9 months per year with a mean maximum monthly temperature in excess of 30 degrees Celsius;
· if temperature is over 35 degrees Celsius, a further score is applied as follows:
- Score of 1—for between 1 and 6 months per year with a mean maximum monthly temperature over 35 degrees Celsius;
- Score of 2—for between 6 and 9 months per year with a mean maximum monthly temperature over 35 degrees Celsius;
- Score of 3—for greater than 9 months per year with a mean maximum monthly temperature over 35 degrees Celsius.
(iii) access to air services:
· rating of 0 for locations serviced by major airlines (i.e. Qantas, Virgin);
· rating of 0 for locations <50 km from a major airline location;
· rating of 1 for locations >50 km or less than 200 km from a major airline location;
· rating of 2 for locations serviced by regional airlines;
· rating of 2 for locations <50 km from a regional airline location;
· rating of 3 for locations >50 km from a regional airline location.
All scores (i.e. locality, population, temperature and access to air services) are then added to give a total score for the locality. Once the total score is established, the locality will fall into one of the four grades as below:
· Grade 1: score between 2–5 points inclusive;
· Grade 2: score between 6–9 points inclusive;
· Grade 3: score between 10–14 points inclusive;
· Grade 4: score greater than 14 points.
11.3 Rates of district allowance
[11.3 varied by PR592394, PR606618, PR704112, PR707797, PR719112, PR729586, PR740990, PR762418, PR774202 ppc 01Jul24]
The annual rate at which district allowance is payable to an employee is as follows:
|
|
With one or more
eligible dependants and/or partner |
Without eligible
dependants |
|
Grade 1 |
2501 |
1259 |
|
Grade 2 |
6011 |
3287 |
|
Grade 3 |
8143 |
4620 |
|
Grade 4 |
11,977 |
7404 |
When calculating an employee’s ordinary hourly rate, district allowance (if payable) will be included.
11.4 Additional leave: Additional annual leave is available to employees working in a locality where they are paid a district allowance. Employees with more than 30 calendar days, but less than a year of service, in one or more remote localities will receive a pro rata entitlement. The amount of additional annual leave accrued per year is:
· Grade 1—two days
· Grade 2—three days
· Grade 3—five days
· Grade 4—seven days
11.5 Remote localities leave fares—reimbursement
(a) An employee who is entitled to district allowance is entitled to fares assistance to travel from the locality to the nearest capital city and return to the locality from the nearest capital city for leave of absence in accordance with clause 11.5. An employee who is entitled to leave fares under clause 11.5 is also entitled to fares assistance for eligible dependants or partner who resides with the employee, if their income (if any) is less than the national minimum wage per annum.
(b) Entitlements for leave fares
(i) An employee stationed at a locality where district allowance is payable for a fixed period not exceeding two years and three months is entitled to be reimbursed for a leave fare in respect of the first year of service.
(ii) An employee stationed at a locality where district allowance is payable for a fixed period which exceeds two years and three months is entitled to be reimbursed for a leave fare in respect of each year of service, other than the final year of service.
(iii) On completion of a fixed period during which an employee has been stationed at a locality where district allowance is payable, an employee is entitled to be reimbursed the cost of return fares reasonably incurred for travel between the locality and the former capital city of the employee, or where travel is to a destination other than the former capital city, the amount payable had the travel been from the locality to the former capital city for the employee and each eligible dependant or eligible partner.
(iv) An employee who is moved on completion of the fixed period during which an employee had stationed at a locality where district allowance is payable, to a locality other than his/her former capital city will be reimbursed the cost of return fares reasonably incurred where travel is between the former capital city of the employee and the new locality or where travel is to a destination other than the former capital city, the amount payable had the travel been from the new location to the former capital city.
(v) An employee temporarily stationed at a locality where district allowance is payable, who will continue to be stationed at the locality at the end of the leave of absence is entitled to be reimbursed for a leave fare in respect of the second year and each subsequent year of the present period of service at the locality for the employee and each eligible dependant or eligible partner.
(vi) The nearest capital city, if the employee is stationed in the Northern Territory, is Adelaide; or in any other case - the capital city of the State which is the closest in distance to the employee’s usual place of work.
(vii) The entitlement to leave fare accrues on arrival at the locality.
(c) The Commissioner may authorise:
(i) a travel visit to a place other than the nearest capital city or the former locality, provided the employee pays for any difference in fare; or
(ii) the payment of motor vehicle allowance in lieu of an airfare where travel is by private motor vehicle, with entitlement to payment of the lesser of the reimbursement of costs reasonably incurred, or the amount the employee would have been reimbursed for travel by air.
[Varied by PR771418]
12.1 Superannuation legislation
[12.1 substituted by PR771418 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) If an employee is a member of the Commonwealth Superannuation Scheme, the Public Sector Superannuation Schemes, the Public Sector Superannuation Accumulation Plan or covered by the Superannuation (Productivity Benefit) Act 1988 their employer superannuation contributions will be in accordance with the relevant legislation relating to those arrangements.
(c) The rights and obligations in clause 12 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
13. Penalty Payments - shiftworkers
13.1 General
(a) An employee’s salary for the purpose of calculating shift penalties payable under clause 13 includes any higher duties allowance and/or any allowance in the nature of salary.
(b) Payment of penalties under clause 13 will be calculated to the nearest quarter of an hour of the total amount to be claimed in each fortnightly pay period.
(c) Additional payments prescribed in clause 13 shall not be taken into account for purposes of calculating overtime, or in the determination of any salary based allowances; nor shall it be paid with respect to any shift for which any other form of allowance/penalty payment is made under this award.
13.2 A shiftworker will be paid the following penalty rates for all ordinary hours worked by the shiftworker during the following periods:
|
Ordinary hours worked: |
Penalty rate |
Casual penalty rate |
|
|
Ordinary hours – no penalty rate |
See clause 7.1(a) |
Ordinary hourly rate (100%) |
Ordinary hourly rate plus irregular or intermittent loading (125%) |
|
Morning and afternoon shift |
Rostered shift commencing at or before 6:30 am and finishing after 8:00 am |
115% |
140% |
|
Afternoon shift |
Rostered shift finishing after 6:00 pm and before midnight |
115% |
140% |
|
Night |
Full rostered shift finishing at or after midnight and at or before 8.00 am on any day |
122.5% |
147.5% |
|
Night shift- additional provision night |
Where employee performs night shift in excess of seven shifts in any period of 28 days |
150% |
175% |
|
Saturday |
All hours on a Saturday |
150% |
175% |
|
Sunday |
All hours on a Sunday |
200% |
225% |
|
Public holiday |
All hours on a public holiday |
250% |
275% |
(a) The Saturday, Sunday and Public Holiday penalty rates and are substitution for and not cumulative upon the morning, afternoon, night and night shift-additional provisions penalty rates.
(b) An employee who is a shiftworker, and who is rostered off duty on a day on which a public holiday falls, will be granted a day’s leave in lieu of the public holiday, to be taken within one month of the public holiday occurring. If it is not practicable for an employee to take the day in lieu within one month of the public holiday occurring, the employee may apply to receive payment of one day at the ordinary rate.
(c) Where the Commissioner directs that an employee rostered for ordinary duty on a public holiday is not required to perform duty on that day, that employee shall be released from duty and paid base salary at the ordinary rate as if that day were not a public holiday.
[Varied by PR592244, PR606468, PR707584, PR718960, PR729407, PR740831, PR762251, PR774033]
14.1 Direction to perform overtime
An employee may be directed by the Commissioner to work prior to and/or beyond the normal or rostered hour for commencing or ceasing duty, or to attend for duty on a Public Holiday, Saturday, Sunday, or rostered day off.
14.2 Payment for overtime – general
(a) Payment for duty performed in accordance with a direction made under clause 14.1 shall be subject to the following conditions:
(i) overtime must be approved in writing by a team leader prior to the hours being worked. In an emergency situation, or where operational continuity is essential, verbal approval is sufficient. Written confirmation of that approval must be obtained as soon as reasonably practicable;
(ii) an employee’s salary for the purpose of computation of overtime shall include any higher duties allowance, but not any shift penalty payable under clause 13;
(iii) overtime shall be calculated to the nearest quarter of an hour of the total amount of overtime to be claimed in each fortnightly period; and
(iv) where an employee works hours that are paid out as overtime, those hours will not count towards the total hours worked.
(b) For the purposes of clause 14, Night Shift means any rostered shift finishing between midnight and 7.59 am inclusive.
(c) Except with the approval of the Commissioner, an employee above Classification Level 5 shall not be eligible to receive payment for overtime.
14.3 Payment for overtime – hourly rate
Where an employee works overtime they will receive overtime rates as follows:
|
For overtime worked on |
Overtime rate |
|
Monday to Friday (other than after night shift) |
150% |
|
Monday to Friday on a full night shift |
175% |
|
Monday to Friday (where an employee, who has performed night shift for seven shifts in any period of 28 days, performs overtime duty on further night shift(s)) |
200% |
|
Saturday and Sunday |
200% |
|
Public holiday |
250% |
(b) For the purposes of clause 14.3, a meal break will not be deemed to break continuity of ordinary duty.
(c) Subclauses 14.3(a) and 14.3(b) shall not apply to an employee who is in receipt of an allowance for any type of restricted duty as outlined in clause 14.6.
14.4 Payment for overtime – casuals
(a) Subject to subclause 14.4(b) a casual employee shall be entitled to payment for overtime for duty performed:
(i) in excess of 40 hours per week; and
(ii) in excess of eight hours on one day.
(b) A casual employee is not entitled to claim overtime if:
(i) The employee does not record his or her attendance; or
(ii) The employee is classified above Classification Level 4.
(c) Where a casual employee works overtime, they will receive overtime rates as follows:
|
For overtime worked on |
Overtime rate |
|
Monday to Friday |
150% |
|
Saturday (first three hours of overtime) |
150% |
|
Saturday (after three hours of overtime) |
200% |
|
Sunday |
200% |
|
Public holiday |
200% |
(d) The casual loading set out in subclause 5.8(b) is not paid for overtime.
(a) Where an employee is required to travel as an escort, the whole of the employee’s time on duty in excess of eight hours in any 24 hour period (calculated from commencement of the duty) shall be paid at the applicable overtime rate.
(b) If at any time after commencement of the escort duties there is a stop-over and surveillance or attention is not demanded of the escort during such stop-over, the time which exceeds eight hours in any one day in such stop-over period shall not be reckoned in calculating excess hours otherwise incurred.
(c) Nothing in clause 14.5 shall operate so as to reduce the employee’s hours on duty to less than eight in any one day, nor shall it be construed so as to offset any stand-down time against the hours actually worked.
(a) Clause 14.6 applies to employees who are recalled to work extra duty when they would not ordinarily have been on duty, and being notified of the recall after leaving their normal place of work.
(b) An employee who is required to perform extra duty and is required to be recalled to a place of work shall be paid in accordance with the relevant overtime provisions subject to a minimum payment of four hours.
(c) An employee who is required to perform extra duty but is not required to be recalled to a place of work shall be paid in accordance with the relevant overtime provisions subject to a minimum payment of one hour.
(d) When more than one attendance is involved, the minimum provision shall not operate to increase an employee’s overtime remuneration beyond that to which he or she would have been entitled had he or she remained on duty from the commencing time of duty on one attendance to ceasing time of duty on a subsequent attendance.
(e) Clause 14.6 shall not apply in cases where it is customary for an employee to return to his or her place of duty to perform a specific task outside his or her ordinary duty, or where overtime is continuous (subject to reasonable meal break), with completion or commencement of ordinary duty.
(f) Except in the case of unforeseen circumstances arising, the employee shall not be required to work the full minimum engagement period if the work he or she was required to perform is completed in a shorter period.
(g) Overtime worked in the circumstances specified in clause 14.6 shall not be regarded as overtime for the purposes of clause 7.4, where the actual time worked is less than four hours on the recall or on each of the recalls, or where the employee is not required to attend a place of work.
(h) Clause 14.6 shall not apply to employees whose duty for the day is varied by alteration of the commencement of the scheduled shift to meet an emergency.
(a) Applies where the employee is, or may be, required to undertake extra duty some time before the employee’s next normal time of commencing duty, and the employee is to remain contactable and available to return to duty within a reasonable time of being recalled, having regard to the consequences of any undue delay.
[14.7(b) varied by PR592244, PR606468, PR707584, PR718960, PR729407, PR740831, PR762251, PR774033 ppc 01Jul24]
(c) Where any employee on-call is required to return to duty they shall be entitled to payment of overtime and:
(i) the minimum overtime payment shall be for three hours; and
(ii) where more than one attendance is involved, the minimum overtime payment provision shall (subject to a minimum payment of three hours) not operate to increase an employee’s overtime remuneration beyond that to which the employee would have been entitled had they remained on duty from the commencing time of duty on one attendance to the ceasing time of duty on a subsequent attendance.
(d) The provisions of subclause 14.3(a) shall not apply where an employee is recalled to duty whilst on-call.
(e) Except with the approval of the Commissioner, an employee above Classification Level 5 shall not be eligible to receive payment for overtime.
(a) Where an employee is instructed to remain in attendance at their place of duty outside of their normal working hours, until recalled or required to perform duty, and the employee is provided with accommodation and amenities for sleeping if the attendance is overnight or over a break in shifts, the employee shall receive payment at the rate of single time based on his or her salary for the period of close duty, provided that payment for the type of close duty described in subclause 14.8(a) on a Saturday, Sunday or public holiday shall be at the rate of:
(i) Saturday and Sunday—single time plus 1/3rd of the employee’s salary.
(ii) Public holiday—single time plus 2/3rds of the employee’s salary.
(b) Where an employee is instructed to remain in attendance at their place of duty outside of their normal working hours, until recalled or required to perform duty, and the employee is not provided with accommodation and amenities for sleeping if the attendance is overnight or over a break in shifts, the employee shall receive payment at the rate of single time plus 1/3rd based on his or her salary for the period of close duty, provided that payment for the type of close duty described in subclause 14.8(b) on a Saturday, Sunday or public holiday shall be at the rate of:
(i) Saturday and Sunday—single time plus 2/3rds of the employee’s salary.
(ii) Public holiday—double time based on the employee’s base salary.
(c) Any part of a period of restriction in respect of which the employee receives payment under provisions other than those in clause 14.8, shall not be included in the period of close duty for the purposes of calculating payments under clause 14.8 (e.g. clauses 10.9 and 14).
(d) The provisions of clause 14.6 shall not apply where an employee is recalled to duty whilst in any close duty situation referred to above.
(e) Where any employee on close duty is required to return to duty, the employee shall be entitled to payment of overtime for the actual time worked in accordance with clause 14.
(f) The provisions of subclause 14.3(a) shall not apply where an employee is recalled to duty whilst on close duty.
(g) Except with the approval of the Commissioner, an employee above Classification Level 5 shall not be eligible to receive payment for overtime.
Part 6—Leave, Public Holidays and other entitlements
15.1 As provided for by the NES, an employee (other than a casual employee) is entitled to accrue four weeks (160 hours) of paid annual leave per annum.
15.2 Part-time employees accrue annual leave on a pro rata basis.
15.3 Additional leave for certain shiftworkers
Shiftworkers will be entitled to an additional half a day paid leave for each weekend worked, up to a maximum of 5 days (40 hours) per year.
15.4 All periods of annual leave count as service for all purposes.
15.5 A shiftworker on approved annual leave will, for the period of the annual leave, receive shift penalty payments (other than a public holiday penalty rate) in relation to any shifts that the employee would have worked if the employee was not on approved annual leave.
15.6 Anticipation of annual leave
(a) Where an employee has more than three months service, the AFP may grant the employee recreation leave which exceeds the annual leave credit of the employee. Such leave shall not exceed the employee’s weekly ordinary hours of duty.
(b) Where an employee ceases employment with a negative annual leave balance, the AFP will recover the amount owing.
15.7 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 15.7.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 15.7.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 15.7 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) when the payment is to be made.
(e) An agreement under clause 15.7 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 15.7 as an employee record.
NOTE 1: Under section 344 of the Fair Work Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 15.7.
NOTE 2: Under section 345(1) of the Fair Work Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 15.7.
15.8 Direction to take annual leave
An employee may be directed to be on annual leave for a period of two weeks when the employee’s annual leave balance is more than eight weeks.
15.9 Payment of accrued annual leave on termination of employment
Annual leave will be paid out on cessation of employment.
15.10 Payment for annual leave
(a) An employee on annual leave will, for the period of the annual leave, be paid at the employee’s ordinary hourly rate.
(b) A shiftworker on approved annual leave will, for the period of the annual leave, receive shift penalty payments in relation to any shifts the employee would have worked if the employee was not on approved annual leave.
16. Personal/carer’s leave and compassionate leave
16.1 Personal/carer’s leave is provided for in the NES. The following provisions supplement the NES entitlement.
16.2 Employees who are entitled to paid personal/carer’s leave under the NES are entitled to accrue:
(a) an additional twenty days of personal/carer’s leave per annum for the first year of employment; and
(b) an additional five days of personal/carer’s leave per annum for each year thereafter,
treated in accordance with the provisions of the NES.
16.3 Part-time employees accrue personal/carer’s leave on a pro rata basis.
16.4 Personal/carer’s leave will not be paid out on cessation of employment.
16.5 Where the service of an employee of the AFP has been continuous with service for an authority or body constituted by or under a law of the Commonwealth, Australian Public Service or the Australian Defence Forces he or she may, by agreement with the Commissioner, be credited with the period of personal leave that would have accrued if the whole of that prior service had been with the AFP, less any periods of personal leave taken whilst in that other service, if there was no break exceeding two calendar months from the prior service or employ.
16.6 Employees are required to provide satisfactory evidence to support an application for personal/carer’s leave:
(a) where the employee is absent for three or more consecutive occurrences; or
(b) where they have been absent for more than 5 days without evidence in a financial year.
16.7 Where an employee has been granted personal/carer’s leave for a period which includes a public holiday, and provided the employee is not rostered for duty on that day, the employee’s personal/carers leave entitlement will not be debited for the public holiday.
16.8 Where an employee is rostered for ordinary duty on a public holiday and is unable to attend for duty on account of personal/carer’s leave, the time off shall be treated as an absence on account of personal/carers leave, and the employee’s personal/carers leave will be debited accordingly.
16.9 An additional one day paid compassionate leave per occasion is provided to all employees (other than a casual employee)
16.10 A team leader may, at any time, request satisfactory evidence to support a current or future application for personal/carer’s leave.
16.11 Additional leave – meritorious action
(a) Notwithstanding the provisions contained elsewhere in clause 16, where an employee sustains physical injury while on duty or in circumstances in which an action of the employee is regarded by the Commissioner as being so meritorious in the public interest as to warrant special consideration, the Commissioner may, in addition to any leave of absence for which that employee is eligible, determine from time to time the period of leave of absence on account of illness which may be granted to that employee and the conditions under which the leave is to be granted.
(b) Where:
(i) an employee who is granted leave of absence on account of illness is not eligible for the grant of paid personal/carer’s leave; and
(ii) the Commissioner considers that, in view of his or her length of service, additional leave with pay should be granted to him or her,
the Commissioner may grant to the employee such additional leave on half pay as the Commissioner determines.
16.12 Contact with infectious diseases
(a) If, consequent upon a report by a legally qualified medical practitioner, that, by reason of contact with a person suffering from an infectious disease and through an operation of restrictions imposed by law, an employee is unable to attend for duty, the Commissioner may grant the employee leave of absence.
(b) Leave of absence so granted will be deducted from the amount of any paid personal/carer’s leave accrued by the employee pursuant to clause 16.2, up to the amount of personal/carer’s leave accrued pursuant to that clause. The employee may elect that the whole or any portion thereof shall be deducted from any annual leave which is due to him or her instead of being regarded as leave of absence on account of additional personal/carer’s leave.
(c) Leave of absence under clause 16.2 shall not be granted for any period beyond the earliest date at which it would be practicable for the employee to resume duty having regard to the restrictions imposed by law.
16.13 Inoculations, vaccinations
(b) Applications for the grant of leave under subclause 16.13(a) should be accompanied by the certificate of a private medical practitioner or Police medical officer to the effect that the sickness is attributable to the inoculation, vaccination, etc.
(c) Applications for reimbursement of medical expenses should be supported by a certificate of a Police medical officer to the effect that such expenses are a result of inoculation, vaccination, etc.
17.1 Parental leave is provided for in the NES. These provisions supplement the entitlements in the NES.
17.2 A pregnant employee who is entitled to unpaid parental leave under the NES shall be paid the salary that the employee would have been paid for their ordinary hours as if they attended work for the first 12 weeks of the birth-related leave taken in association with that pregnancy.
17.3 A pregnant employee who:
(a) is not entitled to paid leave under clause 17.2; and
(b) at the commencement of birth-related leave taken in association with that pregnancy does not have 12 months’ continuous service; and
(c) attains 12 months’ continuous service during the first 12 weeks of birth-related leave,
will be entitled, for the remainder of that 12 week period, to be paid for their ordinary hours as if they attended for work.
17.4 Where an employee on unpaid parental leave applies for paid leave, and is eligible for that leave, the application will be granted.
17.6 In addition to the consultation and communication obligations under the NES, the employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.
17.7 Obligations under the NES in respect of employees on unpaid parental leave will apply to employees on paid maternity leave as if the employee was on unpaid parental leave.
17.8 The amount of paid leave provided to an employee under clause 17.2 will be reduced by any period of paid maternity leave that an employee is granted under the Maternity Leave (Commonwealth Employees) Act 1973.
18.1 Community service leave is provided for in the NES. These provisions supplement the entitlements in the NES.
18.2 An employee (other than a casual employee) will be reimbursed reasonable expenses incurred by the employee in excess of the NES entitlement while attending court to serve as a juror.
18.3 Leave of absence granted under clause 18 will count as service for all purposes.
19. Aboriginal and Torres Strait Islander Ceremonial leave
19.1 Aboriginal and Torres Strait Islander ceremonial leave without pay may be granted to an employee of Aboriginal or Torres Strait Islander descent for ceremonial purposes:
(a) connected with the death of a member of the immediate family; or
(b) for other ceremonial obligations under Aboriginal and Torres Strait Islander law.
19.2 The maximum period of ceremonial leave that may be granted to an employee is 10 days in any period of 2 years.
19.3 Aboriginal and Torres Strait Islander ceremonial leave granted is in addition to compassionate leave granted.
19.4 Aboriginal and Torres Strait Islander ceremonial leave granted does not count as service for any purpose.
20.1 As provided for by the NES, the AFP will deem the following days as designated public holidays:
(a) New Year’s Day (or substitute day);
(b) Australia Day (or substitute day);
(c) Good Friday (and the following Saturday);
(d) Easter Monday;
(e) Anzac Day;
(f) Queen’s Birthday Holiday (on the day in which it is celebrate in a State or Territory);
(g) Labour Day (or equivalent, on the day on which it is celebrated in a State or Territory);
(h) Christmas Day (or substitute day);
(i) Boxing Day (or substitute day); and
(j) Public Service Christmas holiday.
21.1 Notice of termination is provided for in the NES.
21.2 Notice of termination by employer
(a) Payment in lieu of the notice periods outlined in the NES will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the employee working part of the required notice period and by the employer making payment for the remainder of the period of notice.
(b) In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used.
(c) The period of notice in clause 21.2 does not apply where the Commissioner has terminated the employment of an employee for serious misconduct under the provisions of section 40K of the AFP Act.
21.3 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by clause 21.3 less any period of notice actually given by the employee.
Where an employer has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.
22.1 Redundancy pay is provided for in the NES.
An employee is an excess employee if:
(a) The employee is included in a class of employees employed in the AFP, which class comprises a greater number of employees than is necessary for the efficient and economical working of the agency;
(b) The services of the employee cannot be effectively used because of the technological or other changes in the work methods of the AFP or changes in the nature, extent or organisation of the functions of the AFP; or
(c) 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 Commissioner has determined that the provisions of clause 22.2 apply to that employee.
(a) An eligible excess employee whose employment is terminated will be entitled to be paid redundancy pay (which includes any NES entitlement) of a sum equal to two weeks’ salary for each completed year of continuous service, plus a pro rata payment for completed months of service since the last completed year of service, unless the NES provides a greater benefit.
(b) The minimum sum payable as redundancy pay on termination in accordance with subclause 22.3(a) will be four weeks’ salary, and the maximum will be 48 weeks’ salary.
22.4 Pro rata entitlement
Redundancy pay will be calculated on a pro rata basis where the employee has worked part-time hours during the period of service and the employee has less than 24 years full-time service, subject to any minimum entitlement the employee has under the NES.
22.5 Service for redundancy pay purposes
For the purpose of calculating an entitlement in accordance with clause 22.3, “service” means:
(a) service in the AFP;
(b) Government service as defined in section 10 of the Long Service Leave (Commonwealth Employees) Act 1976;
(c) service with the Commonwealth (other than service with a joint Commonwealth-State body or a 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) service in another organisation where:
(i) an employee was moved from the Australian Public Service to give effect to an administrative re-arrangement; or
(ii) an employee of that organisation is engaged as an APS employee as a result of an administrative re-arrangement and such service is recognised for long service leave purposes.
22.6 Service not to count as service for redundancy pay purposes
Any period of service which ceased by way of dismissal on disciplinary grounds; or termination of a probationary appointment for reasons of unsatisfactory service for employment; or on a ground equivalent to any of these grounds; forfeiture of office; or through retirement on the grounds of invalidity, inefficiency, or loss of a necessary qualification; or 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 redundancy pay purposes.
For the purposes of clause 22.6, a redundancy benefit includes a payment made to an employee as redundancy pay under the NES.
22.7 Earlier periods of service
For earlier periods of service to count there must be no breaks between the periods except where the break in service is less than one month and occurs where an offer of employment with the new employer was made and accepted by the employee before ceasing employment with the preceding employer.
22.8 Absences during a period of service
Absences during a period of eligible service or employment which do not count as service for employment for long service leave purposes do not count for the purposes of calculating the benefits specified above.
22.9 Rate of payment – redundancy pay
For the purposes of calculating any payment under clause 22.3, “salary” will include the following amounts:
(a) the employee’s full-time salary, adjusted on a pro-rata basis for periods of part-time service; and
(b) for an allowance to be included as salary for redundancy pay purposes it will have been paid during periods of annual leave and on a regular basis and not be a reimbursement for expenses incurred or a payment for disabilities associated with the performance of a duty.
(c) additional payments for the performance of duties at a higher classification level are to be included in salary where the employee has been performing duties at the higher classification level for a continuous period of at least 12 months immediately preceding the date on which the employee is given notice of termination.
(d) Shift penalties are to be included in salary where the employee has undertaken shiftwork and is entitled to shift penalties for 50% or more of the pay periods in the 12 months preceding the date on which the employee is given notice of termination. The employee is entitled to have the weekly average of the penalties payable over the 12 months immediately preceding the day on which the employee is given notice of termination included in salary.
22.10 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.
22.11 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under clause 22 had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.
22.12 Job search entitlement
(a) An employee given notice of termination in circumstances of redundancy must be allowed reasonable time off without loss of pay for the purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.
(c) This entitlement applies instead of clause 21.4.
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774872 from 01Jul24]
22A. Workplace delegates’ rights
[22A inserted by PR774872 from 01Jul24]
22A.1 Clause 22A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 22A.
22A.2 In clause 22A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
22A.3 Before exercising entitlements under clause 22A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
22A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
22A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
22A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 22A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
22A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 22A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
22A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
22A.9 Exercise of entitlements under clause 22A
(a) A workplace delegate’s entitlements under clause 22A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 22A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 22A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 22A.
22A.10 Interaction with other clauses of this award
Other clauses of this award may give additional or more favourable entitlements to workplace delegates (however described). If an entitlement of a workplace delegate under another clause of this award is more favourable to the delegate than an entitlement under clause 22A, the entitlement under the other clause applies instead of the entitlement under clause 22A.
23.1 Consultation regarding major workplace change
(i) Where the Commissioner has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the Commissioner must notify the employees who may be affected by the proposed changes and their representatives, if any.
(ii) Significant effects include termination of employment; major changes in the composition, operation or size of the AFP’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
(b) Commissioner to discuss change
(i) The Commissioner must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in subclause 23.1(a), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
(ii) The discussions must commence as early as practicable after a definite decision has been made by the Commissioner to make the changes referred to in subclause 23.1(a).
(iii) For the purposes of such discussion, the Commissioner must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that the Commissioner is not required to disclose confidential information the disclosure of which would be contrary to the AFP’s interests.
23.2 Consultation about changes to rosters or hours of work
(a) Where the Commissioner proposes to change an employee’s regular roster or ordinary hours of work, the Commissioner must consult with the employee or employees affected and their representatives, if any, about the proposed change.
(b) The Commissioner must:
(iii) provide to the employee or employees affected and their representatives, if any, all relevant information about the proposed change, provided that the Commissioner is not required to disclose confidential information the disclosure of which would be contrary to the AFP’s interests;
(iv) invite the employee or employees affected to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities);
(v) commence the consultation as early as practicable; and
(vi) give prompt consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.
(c) The requirement to consult under clause 23.2 does not apply where an employee has irregular, sporadic or unpredictable working hours.
(d) The provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.
24.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.
24.2 If a dispute about a matter arising under this award is unable to be resolved at the workplace, and all appropriate steps under clause 24.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.
24.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.
24.4 Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.
24.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the Commissioner to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
24.7 Leave of absence to attend proceedings
Where the provisions of clause 24.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to clause 24.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 24.2 and will not suffer any loss of pay in respect of the absence.
24.8 Leave of absence to attend courses
(a) To assist in the resolution of disputes in an agency, an employee representative, referred to in clause 24.5, will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the Agency.
(b) The specific training course will be agreed between the employer and the individual employee.
24.9 An employee representative granted leave of absence under clause 24.8 will not suffer any loss of pay.
Schedule A—Classification Definitions
A.1 The following Work Level Standards apply in relation to the AFP employee salary structure outlined in clause 9:
A.1.1 AFP Band 1
An AFP Band 1 employee would generally be required to work under close direction to undertake routine and basic tasks against clearly defined and established priorities and procedures. Employees at this level are responsible for the completion of allocated tasks within required timeframes and producing work that is subject to close monitoring and checking by more senior staff. AFP Band 1 employees may be required to undertake procedural, clerical, administrative support and operational tasks. Employees do not have supervisory or management responsibilities
A.1.2 AFP Band 2
An AFP Band 2 employee would generally be required to undertake straightforward tasks and works under routine direction against established priorities and procedures while exercising some autonomy. Employees at this level are responsible for the completion of allocated tasks within required timeframes and producing work that is subject to close monitoring and checking by more senior staff. AFP Band 2 employees may be required to undertake procedural, clerical, administrative support and operational tasks and may provide initial coaching and support to new or less experienced colleagues.
A.1.3 AFP Band 3
An AFP Band 3 employee would generally be required to undertake straightforward tasks although some tasks may have an element of complexity. They work under general direction against established priorities and procedures while exercising some autonomy about how work tasks are performed. Employees at this level are responsible for setting priorities and managing work flow for their role and producing work that is subject to routine monitoring by more senior staff. AFP Band 3 employees undertake specialist, procedural, clerical, administrative support or operational tasks including some basic research and analysis activities. Employees may have a public contact role. Work may involve some limited supervision and support of employees at lower levels, as well as on-the-job training of members of a small work team.
A.1.4 AFP Band 4
An AFP Band 4 employee would generally be required to undertake tasks of moderate complexity and work under general direction. They are accountable for organising their workflow and making decisions within defined parameters relating to the area of responsibility. Employees at this level may exercise some discretion with respect to how legislation, procedures and guidelines are interpreted and applied. AFP Band 4 employees provide specialist and administrative support that is informed and directed by sound knowledge in specific areas and may undertake some research and analysis activities. Employees may have a public contact role and may be required to communicate with and provide advice to a range of external stakeholders. Work may involve supervision and leadership of a team with responsibility for coaching and training newer and less experienced members of a small work team.
A.1.5 AFP Band 5
An AFP Band 5 employee would generally be required to undertake work that is moderately complex to complex in nature and operate under limited direction. They are accountable for organising their workflow and making independent decisions relating to an area of responsibility. Employees at this level provide policy advice within an area of specialisation with advice based on policies and legislation. AFP Band 5 employees undertake specialist or technical research and analysis, conduct investigations, and undertake procedural, clerical, administrative support or operational tasks. Employees may have a considerable public contact role and may be required to communicate with and provide advice to a wide variety of customers and external stakeholders. Work may include supervision of lower level employees and responsibility for managing staff performance, allocating work and identifying opportunities for on-the-job training.
A.1.6 AFP Band 6
An AFP Band 6 employee would generally be required to undertake work that is complex in nature, work under limited direction with the opportunity for reasonable autonomy and accountability. Employees at this level exercise both initiative and judgment in the interpretation of policy and in the application of practices and procedures. AFP Band 6 employees provide detailed technical, professional, and/or policy advice in relation to complex problems and may assist in strategic planning, program and project management and policy development. Employees may have a considerable level of public contact in relation to difficult or sensitive issues and may liaise with a range of stakeholders in a representational role. Work may involve management responsibilities requiring the setting of priorities and managing workflows.
A.1.7 AFP Band 7
A Band 7 employee would generally be required to undertake work that is very complex or sensitive and operate under broad direction. They exercise a considerable degree of independence and perform a leadership role. Employees at this level exercise sound decision making and judgement to produce high level policy advice. AFP Band 7 employees engage in complex problem solving and issues management and may coordinate and undertake detailed or sensitive projects that impact on strategic, political or operational outcomes for the agency. Employees at this level are also responsible for actively managing key stakeholder relationships within and outside the agency and may manage one or more work teams.
A.1.8 AFP Band 8
A Band 8 employee would generally be required to undertake work with a high level of complexity or sensitivity and operate under broad direction. They exercise a considerable degree of independence and perform a leadership role. Employees at this level exercise sound decision making and judgement to produce high level policy advice. AFP Band 8 employees engage in complex problem solving and issues management and may coordinate and undertake detailed or sensitive projects that impact on strategic, political or operational outcomes for the agency. Employees at this level are also responsible for initiating, establishing and maintaining strong relationships with key internal and external stakeholders and may lead a work team or teams.
A.1.9 AFP Executive Level
An Executive Level (EL) employee would generally be required to undertake work with a high level of complexity or sensitivity and operate under broad direction. They exercise a significant degree of independence and perform an important leadership role. Employees at this level will be responsible for influencing and developing strategy, policies, priorities and operational practices in support of agency objectives based on high level decision-making and judgement. EL employees provide a high level of advice to senior management and Ministers as well as coordinating and assuming responsibility for highly complex or sensitive projects or work programs that have strategic, political and/or operational significance. Employees are also responsible for initiating, establishing and maintaining strong relationships with key internal and external stakeholders and may lead a work team or teams.
Schedule B—Summary of Hourly Rates of Pay
[Varied by PR592244, PR606468, PR707584, PR718960, PR729407, PR740831, PR762251, PR774033]
B.1 Full-time and part-time employees other than shiftworkers—ordinary rates
[B.1 varied by PR592244, PR606468, PR707584, PR718960, PR729407, PR740831, PR762251, PR774033 ppc 01Jul24]
|
|
Day |
|
|
Ordinary rate $ |
|
Level 1 |
24.03 |
|
Level 2 |
25.18 |
|
Level 3 |
28.03 |
|
Level 4 |
32.20 |
|
Level 5 |
36.24 |
|
Level 6 |
44.36 |
|
Level 7 |
49.11 |
|
Level 8 |
53.85 |
|
Executive Level |
62.78 |
B.2 Full-time and part-time employees including shiftworkers—overtime rates
[B.2 varied by PR592244, PR606468, PR707584, PR718960, PR729407, PR740831, PR762251, PR774033 ppc 01Jul24]
|
Monday - Friday (other than night shift) |
Monday to Friday on a full night shift |
Monday to Friday (overtime on night shift for employee on night shift for seven shifts in any period of 28 days) |
Saturday and Sunday |
Public Holiday |
|
|
150% |
175% |
200% |
200% |
250% |
|
|
|
$ |
$ |
$ |
$ |
$ |
|
Level 1 |
36.05 |
42.05 |
48.06 |
48.06 |
60.08 |
|
Level 2 |
37.77 |
44.07 |
50.36 |
50.36 |
62.95 |
|
Level 3 |
42.05 |
49.05 |
56.06 |
56.06 |
70.08 |
|
Level 4 |
48.30 |
56.35 |
64.40 |
64.40 |
80.50 |
|
Level 5 |
54.36 |
63.42 |
72.48 |
72.48 |
90.60 |
|
Level 6 |
66.54 |
77.63 |
88.72 |
88.72 |
110.90 |
|
Level 7 |
73.67 |
85.94 |
98.22 |
98.22 |
122.78 |
|
Level 8 |
80.78 |
94.24 |
107.70 |
107.70 |
134.63 |
|
Executive Level |
94.17 |
109.87 |
125.56 |
125.56 |
156.95 |
B.3 Full-time and part-time shiftworkers—ordinary and penalty rates
[B.3 varied by PR592244, PR606468, PR707584, PR718960, PR729407, PR740831, PR762251, PR774033 ppc 01Jul24]
|
|
Day |
Morning and afternoon shift |
Afternoon Shift |
Night |
Night shift-additional provision night |
Saturday |
Sunday |
Public Holiday |
|
|
100% |
115% |
115% |
122.5% |
150% |
150% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Level 1 |
24.03 |
27.63 |
27.63 |
29.44 |
36.05 |
36.05 |
48.06 |
60.08 |
|
Level 2 |
25.18 |
28.96 |
28.96 |
30.85 |
37.77 |
37.77 |
50.36 |
62.95 |
|
Level 3 |
28.03 |
32.23 |
32.23 |
34.34 |
42.05 |
42.05 |
56.06 |
70.08 |
|
Level 4 |
32.20 |
37.03 |
37.03 |
39.45 |
48.30 |
48.30 |
64.40 |
80.50 |
|
Level 5 |
36.24 |
41.68 |
41.68 |
44.39 |
54.36 |
54.36 |
72.48 |
90.60 |
|
Level 6 |
44.36 |
51.01 |
51.01 |
54.34 |
66.54 |
66.54 |
88.72 |
110.90 |
|
Level 7 |
49.11 |
56.48 |
56.48 |
60.16 |
73.67 |
73.67 |
98.22 |
122.78 |
|
Level 8 |
53.85 |
61.93 |
61.93 |
65.97 |
80.78 |
80.78 |
107.70 |
134.63 |
|
Executive Level |
62.78 |
72.20 |
72.20 |
76.91 |
94.17 |
94.17 |
125.56 |
156.95 |
B.4 Casual employees including casual shiftworkers—ordinary and penalty rates
[B.4 varied by PR592244, PR606468, PR707584, PR718960, PR729407, PR740831, PR762251, PR774033 ppc 01Jul24]
|
|
Day |
Morning and afternoon shift |
Afternoon Shift |
Night |
Night shift-additional provision night |
Saturday |
Sunday |
Public Holiday |
|
|
125% |
140% |
140% |
147.5% |
175% |
175% |
225% |
275% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Level 1 |
30.04 |
33.64 |
33.64 |
35.44 |
42.05 |
42.05 |
54.07 |
66.08 |
|
Level 2 |
31.48 |
35.25 |
35.25 |
37.14 |
44.07 |
44.07 |
56.66 |
69.25 |
|
Level 3 |
35.04 |
39.24 |
39.24 |
41.34 |
49.05 |
49.05 |
63.07 |
77.08 |
|
Level 4 |
40.25 |
45.08 |
45.08 |
47.50 |
56.35 |
56.35 |
72.45 |
88.55 |
|
Level 5 |
45.30 |
50.74 |
50.74 |
53.45 |
63.42 |
63.42 |
81.54 |
99.66 |
|
Level 6 |
55.45 |
62.10 |
62.10 |
65.43 |
77.63 |
77.63 |
99.81 |
121.99 |
|
Level 7 |
61.39 |
68.75 |
68.75 |
72.44 |
85.94 |
85.94 |
110.50 |
135.05 |
|
Level 8 |
67.31 |
75.39 |
75.39 |
79.43 |
94.24 |
94.24 |
121.16 |
148.09 |
|
Executive Level |
78.48 |
87.89 |
87.89 |
92.60 |
109.87 |
109.87 |
141.26 |
172.65 |
B.5 Casual employees including casual shiftworkers—overtime rates
[B.5 varied by PR592244, PR606468, PR707584, PR718960, PR729407, PR740831, PR762251, PR774033 ppc 01Jul24]
|
Monday - Friday |
Saturday - first 3 hours |
Saturday - after 3 hours |
Sunday - all day |
Public Holiday - all day |
|
|
150% |
150% |
200% |
200% |
200% |
|
|
|
$ |
$ |
$ |
$ |
$ |
|
Level 1 |
36.05 |
36.05 |
48.06 |
48.06 |
48.06 |
|
Level 2 |
37.77 |
37.77 |
50.36 |
50.36 |
50.36 |
|
Level 3 |
42.05 |
42.05 |
56.06 |
56.06 |
56.06 |
|
Level 4 |
48.30 |
48.30 |
64.40 |
64.40 |
64.40 |
|
Level 5 |
54.36 |
54.36 |
72.48 |
72.48 |
72.48 |
|
Level 6 |
66.54 |
66.54 |
88.72 |
88.72 |
88.72 |
|
Level 7 |
73.67 |
73.67 |
98.22 |
98.22 |
98.22 |
|
Level 8 |
80.78 |
80.78 |
107.70 |
107.70 |
107.70 |
|
Executive Level |
94.17 |
94.17 |
125.56 |
125.56 |
125.56 |
Schedule C—Summary of Monetary Allowances
[Varied by PR592244, PR592394, PR606468, PR606618, PR704112, PR707584, PR707797, PR718960, PR719112, PR729407, PR729586, PR740831, PR740990, PR750893, PR762418, PR762251, PR774033, PR774202]
See clause 10 – Allowances for full details of allowances payable under this award.
C.1 Wage-related allowances
[C.1 substituted by PR592244, PR606468, PR707584, PR718960, PR729407, PR740831, PR762251, PR774033 ppc 01Jul24]
The wage related allowances in this award are based on the standard rate as defined in Schedule F as the AFP Band 2 = $25.18.
|
Allowance |
Clause |
Payable |
% of standard rate |
$ |
|
Diving allowance |
10.3 |
per day |
105.84 |
26.65 |
|
Explosives harmless allowance |
10.4 |
per occasion |
105.84 |
26.65 |
|
Static duty allowance |
10.5 |
per hour or part thereof |
12.65 |
3.19 |
|
Coroner's officer allowance |
10.6(a) |
per annum |
6986.3 |
1759.15 |
|
On-call allowance |
14.7(b) |
per occasion |
124.24 |
31.28 |
C.2 Automatic adjustment of wage-related allowances
[C.2 renamed and substituted by PR750893 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
C.3 Expense-related allowances
[C.3 varied by PR592394, PR606618, PR704112, PR707797, PR719112, PR729586, PR740990, PR762418, PR774202 ppc 01Jul24]8
|
Allowance |
Clause |
$ |
Payable |
|
Relocation |
10.8 |
see clause 10.8 |
see clause 10.8 |
|
Excess travel time |
10.9 |
see clause 10.9 |
see clause 10.9 |
|
Spending allowance - work level 3 and above |
10.7(b) |
1930 |
per annum |
|
Spending allowance - work level 2 in first year of duty |
10.7(b) |
792.94 |
per annum |
|
Spending allowance - work level 2 in second year of duty |
10.7(b) |
1163 |
per annum |
|
Spending allowance - work level 2 in third and subsequent years of duty |
10.7(b) |
1534 |
per annum |
|
Camping |
10.10 |
39.41 |
maximum reimbursement per day |
|
Formal wear |
10.11(b) |
333.00 |
maximum reimbursement per annum |
|
Day wear |
10.11(c) |
333.00 |
maximum reimbursement per annum |
|
Plain clothes |
10.12(a)(i) |
1267 |
per annum |
|
Frequent use of formal wear |
10.12(e)(ii) |
333.00 |
maximum reimbursement per annum |
|
Dog handlers allowance |
10.13(a) |
2.25 |
per day |
|
Overtime meal |
10.14(a) |
31.22 |
per occasion |
|
District allowance |
clause 11.3 |
see clause 11.3 |
see clause 11.3 |
C.4 Adjustment of expense related allowances
[C.4 varied by PR592394 ppc 01Jul17]
At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
|
Allowance |
Applicable Consumer Price Index figure |
|
Kennelling or transporting a pet |
Transport group |
|
Camping allowance |
Food and non-alcoholic beverages group |
|
Meal allowance |
Take away and fast foods sub-group |
|
Vehicle/travel allowance |
Private motoring sub-group |
|
Clothing allowances |
Clothing and footwear group |
|
Spending allowances |
All groups |
|
District allowance |
All groups |
Schedule D—Supported Wage System
[Varied by PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051]
D.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
D.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the Department of Education, Employment and Workplace Relations that records the employee’s productive capacity and agreed wage rate
D.3 Eligibility criteria
D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
D.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause D.5 ) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[D.4.2 varied by PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
D.4.2 Provided that the minimum amount payable must be not less than $106 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
D.6 Lodgement of SWS wage assessment agreement
D.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
D.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.
D.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
D.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
D.10 Trial period
D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[D.10.3 varied by PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.
D.10.6
Schedule E—National Training Wage
[Varied by PR592244, PR606468, PR707584, PR718960, PR729407, PR740831, PR762251, PR774033]
E.1 Title
This is the National Training Wage Schedule.
E.2 Definitions
In this schedule:
adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A, B or C if covered by that wage level
approved training means the training specified in the training contract
Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training
out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:
(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;
(b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and
(c) not include any period during a calendar year in which a year of schooling is completed
relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation
relevant State or Territory vocational education and training legislation means the following or any successor legislation:
Australian Capital Territory: Training and Tertiary Education Act 2003;
New South Wales: Apprenticeship and Traineeship Act 2001;
Northern Territory: Northern Territory Employment and Training Act 1991;
Queensland: Vocational Education, Training and Employment Act 2000;
South Australia: Training and Skills Development Act 2008;
Tasmania: Vocational Education and Training Act 1994;
Victoria: Education and Training Reform Act 2006; or
Western Australia: Vocational Education and Training Act 1996
trainee is an employee undertaking a traineeship under a training contract
traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification
training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package
year 10 includes any year before Year 10
E.3.1 Subject to clauses E.3.2 to E.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by clause E.7 to this schedule or by clause E.5.4 of this schedule.
E.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in clause E.7 to this schedule.
E.3.3 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.
E.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
E.4 Types of Traineeship
The following types of traineeship are available under this schedule:
E.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
E.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.
E.5 Minimum Wages
[E.5 substituted by PR592244, PR606468, PR707584, PR718960, PR729407, PR740831, PR762251, PR774033 ppc 01Jul24]
E.5.1 Minimum wages for full-time traineeships
Subject to clause E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by clause E.7 are
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
398.70 |
439.00 |
522.20 |
|
Plus 1 year out of school |
439.00 |
522.20 |
607.70 |
|
Plus 2 years out of school |
522.20 |
607.70 |
707.20 |
|
Plus 3 years out of school |
607.70 |
707.20 |
809.70 |
|
Plus 4 years out of school |
707.20 |
809.70 |
|
|
Plus 5 or more years out of school |
809.70 |
|
|
(b) Wage Level B
Subject to clause E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by clause E.7 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
Per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
398.70 |
439.00 |
508.90 |
|
Plus 1 year out of school |
439.00 |
508.90 |
585.40 |
|
Plus 2 years out of school |
508.90 |
585.40 |
686.60 |
|
Plus 3 years out of school |
585.40 |
686.60 |
783.00 |
|
Plus 4 years out of school |
686.60 |
783.00 |
|
|
Plus 5 or more years out of school |
783.00 |
|
|
Subject to clause E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by clause E.7 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
398.70 |
439.00 |
508.90 |
|
Plus 1 year out of school |
439.00 |
508.90 |
575.50 |
|
Plus 2 years out of school |
508.90 |
575.50 |
642.90 |
|
Plus 3 years out of school |
575.50 |
642.90 |
716.10 |
|
Plus 4 years out of school |
642.90 |
716.10 |
|
|
Plus 5 or more years out of school |
716.10 |
|
|
(d) AQF Certificate Level IV traineeships
(i) Subject to clause E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clause E.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
|
Wage level |
First year of traineeship |
Second and subsequent years of traineeship |
|
|
per week |
per week |
|
|
$ |
$ |
|
Wage level A |
840.40 |
872.30 |
|
Wage level B |
812.80 |
843.70 |
|
Wage level C |
743.40 |
771.50 |
E.5.2 Minimum wages for part-time traineeships
Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by clause E.7 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
13.11 |
14.44 |
17.17 |
|
Plus 1 year out of school |
14.44 |
17.17 |
19.99 |
|
Plus 2 years out of school |
17.17 |
19.99 |
23.26 |
|
Plus 3 years out of school |
19.99 |
23.26 |
26.64 |
|
Plus 4 years out of school |
23.26 |
26.64 |
|
|
Plus 5 or more years out of school |
26.64 |
|
|
(b) Wage Level B
Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by clause E.7 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
13.11 |
14.44 |
16.75 |
|
Plus 1 year out of school |
14.44 |
16.75 |
19.26 |
|
Plus 2 years out of school |
16.75 |
19.26 |
22.59 |
|
Plus 3 years out of school |
19.26 |
22.59 |
25.76 |
|
Plus 4 years out of school |
22.59 |
25.76 |
|
|
Plus 5 or more years out of school |
25.76 |
|
|
(c) Wage Level C
Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by clause E.7 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
13.11 |
14.44 |
16.75 |
|
Plus 1 year out of school |
14.44 |
16.75 |
18.92 |
|
Plus 2 years out of school |
16.75 |
18.92 |
21.15 |
|
Plus 3 years out of school |
18.92 |
21.15 |
23.55 |
|
Plus 4 years out of school |
21.15 |
23.55 |
|
|
Plus 5 or more years out of school |
23.55 |
|
|
(d) School-based traineeships
Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by clause E.7 are as follows when the trainee works ordinary hours:
|
Year of schooling |
||
|
Year 11 or lower |
Year 12 |
|
|
per hour |
per hour |
|
|
$ |
$ |
|
|
13.11 |
14.44 |
|
(e) AQF Certificate Level IV traineeships
(i) Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
|
Wage level |
First year of traineeship |
Second and subsequent years of traineeship |
|
|
per hour |
per hour |
|
|
$ |
$ |
|
Wage level A |
27.65 |
28.69 |
|
Wage level B |
26.74 |
27.75 |
|
Wage level C |
24.45 |
25.38 |
(f) Calculating the actual minimum wage
(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses E.5.2(a)–(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.
(ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses E.5.2(a)–(e) of this schedule applies to each ordinary hour worked by the trainee.
(iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses E.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.
E.5.3 Other minimum wage provisions
(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.
(b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF certificate level.
The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by clause E.7 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.
E.6 Employment conditions
E.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.
E.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
E.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.
E.6.4 Subject to clause E.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.
E.7 Allocation of Traineeships to Wage Levels
The wage levels applying to training packages and their AQF certificate levels are:
E.7.1 Wage Level A
|
Training package |
AQF certificate level |
|
Aeroskills |
II |
|
Aviation |
I |
|
Beauty |
III |
|
Business Services |
I |
|
Chemical, Hydrocarbons and Refining |
I |
|
Civil Construction |
III |
|
Coal Training Package |
II |
|
Community Services |
II |
|
Construction, Plumbing and Services Integrated Framework |
I |
|
Correctional Services |
II |
|
Drilling |
II |
|
Electricity Supply Industry—Generation Sector |
II |
|
Electricity Supply Industry—Transmission, Distribution and Rail Sector |
II |
|
Electrotechnology |
I |
|
Financial Services |
I |
|
Floristry |
III |
|
Food Processing Industry |
III |
|
Gas Industry |
III |
|
Information and Communications Technology |
I |
|
Laboratory Operations |
II |
|
Local Government (other than Operational Works Cert I and II) |
I |
|
Manufactured Mineral Products |
III |
|
Manufacturing |
I |
|
Maritime |
I |
|
Metal and Engineering (Technical) |
II |
|
Metalliferous Mining |
II |
|
Museum, Library and Library/Information Services |
II |
|
Plastics, Rubber and Cablemaking |
III |
|
Public Safety |
III |
|
Public Sector |
II |
|
Pulp and Paper Manufacturing Industries |
III |
|
Retail Services (including wholesale and Community pharmacy) |
III |
|
Telecommunications |
II |
|
Textiles, Clothing and Footwear |
III |
|
Tourism, Hospitality and Events |
I |
|
Training and Assessment |
III |
|
Transport and Distribution |
III |
|
Water Industry (Utilities) |
III |
E.7.2 Wage Level B
|
Training package |
AQF certificate level |
|
Animal Care and Management |
I |
|
Asset Maintenance |
I |
|
Australian Meat Industry |
I |
|
Automotive Industry Manufacturing |
II |
|
Automotive Industry Retail, Service and Repair |
I |
|
Beauty |
II |
|
Caravan Industry |
II |
|
Civil Construction |
I |
|
Community Recreation Industry |
III |
|
Entertainment |
I |
|
Extractive Industries |
II |
|
Fitness Industry |
III |
|
Floristry |
II |
|
Food Processing Industry |
I |
|
Forest and Forest Products Industry |
I |
|
Furnishing |
I |
|
Gas Industry |
I |
|
Health |
II |
|
Local Government (Operational Works) |
I |
|
Manufactured Mineral Products |
I |
|
Metal and Engineering (Production) |
II |
|
Outdoor Recreation Industry |
I |
|
Plastics, Rubber and Cablemaking |
II |
|
Printing and Graphic Arts |
II |
|
Property Services |
I |
|
Public Safety |
I |
|
Pulp and Paper Manufacturing Industries |
I |
|
Retail Services |
I |
|
Screen and Media |
I |
|
Sport Industry |
II |
|
Sugar Milling |
I |
|
Textiles, Clothing and Footwear |
I |
|
Transport and Logistics |
I |
|
Visual Arts, Craft and Design |
I |
|
Water Industry |
I |
E.7.3 Wage Level C
|
Training package |
AQF certificate level |
|
Agri-Food |
I |
|
Amenity Horticulture |
I |
|
Conservation and Land Management |
I |
|
Funeral Services |
I |
|
Music |
I |
|
Racing Industry |
I |
|
Rural Production |
I |
|
Seafood Industry |
I |
[Varied by PR733947, PR774872, PR777378]
F.1 In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth), as amended from time to time
AFP means the Australian Federal Police
AFP Act means the Australian Federal Police Act 1979 (Cth), as amended from time to time
annual salary means the employee’s minimum rate provided by clause 9
award means the Australian Federal Police Enterprise Award 2016
[Definition of casual employee inserted by PR733947 from 27Sep21; varied by PR777378 from 27Aug24]
casual employee has the meaning given by section 15A of the Act
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
Commissioner means the Commissioner of the Australian Federal Police, or his or her delegates
employee (including ‘Employees’) means a person (or persons) engaged under section 24 of the AFP Act
[Definition of employee organisation inserted by PR774872 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
[Definition of enterprise inserted by PR774872 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
immediate family has the meaning as given by the Act
member means an employee in respect of whom a declaration under clause 40B of the AFP Act is in force
NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)
normal working hours means the hours of attendance specified in clause 7
part-time employee means an employee who is engaged or approved to work on a regular basis, less than 40 hours per week
shiftworker means an AFP employee who is directed by the Commissioner to perform duty on two or more alternating or rotating shifts over any day of the week
[Definition of small business employer inserted by PR774872 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum hourly pay rate for an AFP Band 2 in clause 9
[Definition of workplace delegate inserted by PR774872 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
Modern award and related determinations on the Find My Award tool or otherwise on the Fair Work Ombudsman’s website display content taken from the Fair Work Commission’s website. The Fair Work Commission and Fair Work Ombudsman take care to ensure that modern award and related determination copies are accurate at the time of publication but do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of the information displayed by the Find My Award tool or otherwise on the Fair Work Ombudsman’s website or resources.
Any data extracts must be read in conjunction with the provisions in the modern award. These copies and extracts are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
The Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters, skies and communities. We pay our respects to them, their Cultures, and Elders past and present.