el1 flexible working arrangements - right to know · el1 remuneration takes into account...

For further information, visit the ATO enterprise agreement SharePoint or send an email to [email protected]

Information current at: 16/03/2016

EL1 flexible working

arrangements

EL1 flexibility We continue to propose the requirement for EL1s to work flexibly. In practical terms, this means that EL1s will continue to have access to flexible working arrangements however they will not be able to access hour-for-hour arrangements (similar to flextime).

This will involve more closely aligning the current provisions for EL1s to the expectations and arrangements we currently have in place for EL2s.

We believe all ELs have an important leadership role in assisting the ATO to meet its business outcomes. A single set of provisions will better reflect the greater flexibility and responsibility of EL employees in the ATO.

Are you expecting EL1s to perform

work at the EL2 level?

No. This proposal only relates to working hours arrangements .

Will EL1s be entitled to a professional

allowance?

No, the professional allowance will only be available to EL2 employees.

Can my manager expect me to do

additional work and not give me time

off for it? EL employees will be expected to work ‘reasonable additional hours’ that reflect the

nature of their leadership role.

EL1 remuneration takes into account availability, flexibility and commitment to assisting the ATO to meet its goals and work the hours required to get the job done.

The ATO proposes to align the current EL1 flexible working arrangements with the expectations and arrangements currently in place for EL2s.

Why we are looking to make these

changes?

The ATO wants a cohesive, flexible EL cohort that readily understands its role in achieving our outcomes.

We have also heard that EL1s themselves are seeking more autonomy and flexibility around how they manage their working arrangements and hours.

By aligning the EL1 provisions with the current EL2 provisions it gives employees the flexibility to agree on a personalised set of arrangements that best suits them and the operational needs of the business.

How will this address the current issues

around EL flexible working

arrangements being misunderstood

and inconsistently applied? We will revise the flexible hours guidelines in consultation with employees and their representatives to make them clearer. The proposed principles are now available for you to review and provide feedback.

A new provision will be added to the EA whereby any EL employee who has concerns about their working patterns will be able to access the Deputy Commissioner of ATO People for assistance.

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EL flexible working arrangements

What will happen to my current TMS

balance?

Where EL1 employees have worked additional hours as part of a flexible hours arrangement they have with their manager they should take the time off prior to the new EA being in place. Where that is not possible they need to talk to their manager about how the time may be taken after the new EA comes into effect.

The same applies in terms of EL1 employees who have worked less than their regular hours. They should discuss the situation with their managers and where possible, work the additional time prior to the commencement of the new EA or when the time can be made up after the commencement of the EA.

Will there be a limit to how many days

EL employees can take off?

The principles purposely do not specify the number of days that EL employees are able to take off. This is because each EL’s flexible

working arrangement and situation will be different.

The amount of time taken will need to be agreed upon by the employee and their manager, taking into account operational requirements and personal needs.

Will part-time EL1s still be eligible for

overtime?

The overtime provisions for part-time employees will remain the same as they are now.

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EL2 Classification

What we propose to change We are seeking to remove the EL2.1 and EL2.2 work levels and replace them with a single EL2 classification.

Why we making this change? The ATO no longer has a need to maintain work level differentiation within the EL2 classification. Combining these separate levels will delayer management structures and see the ATO align with other APS agencies.

The proposal is also consistent with the existing ATO Leadership Strategy.

What does this mean for existing EL2.2s? Employees who are substantively at the EL2.2 level will have their EL2.2 pay point maintained.

A substantive EL2.2 who is on the bottom or mid point of the current EL2.2 salary range will not progress to a higher pay point in that range.

All EL2.2 pay points will be increased by the proposed pay rises.

What will be the salary range? The salary range for the EL2 classification will be the current EL2.1 salary range increased by the proposed pay rises.

Are you expecting EL2.1s to perform work at the EL2.2 level? No. There will be a single EL2 work value level, and all EL2s will be EL2s.

The ATO proposes to have a single EL2 classification and ‘grandfather’ the existing EL2.2 salary arrangements.

What are the transitional arrangements? There will be a transition period of 12 months to enable business areas to adapt to the new arrangements, including undertaking the necessary workforce planning and design, job profiling, communications and consultation.

The ‘grandfathered’ EL2.2 salary points will be available for higher duties during the transitional period where there is a critical business need.

Doesn’t this mean that some EL2s will always be paid more than others? The effect of this change is that current substantive EL2.2s will continue on a higher pay rate than other EL2s, until such time that they leave the ATO (or are promoted to SES). This is a consequence of this change, and we determined this was the fairest way of implementing the change without negatively impacting existing EL2.2s.

Will all EL2s report to an SES? The reporting arrangements will depend on what suits the business area. EL2 employees may report to another EL2 or to an SES – which can occur already.

How will this work practically? It will be up to the individual business area to work out the best model for their staffing structure and reporting lines. Rele

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Health and wellbeing allowance

Health and wellbeing allowance We are proposing to roll the existing health and wellbeing allowance into salary for all employees.

Why we are looking to make changes? Feedback from staff has indicated that employees would prefer the allowance to be rolled into their salary because it will then count for superannuation purposes (for employees in PSS or CSS defined benefit schemes).

Note: the H&W allowance already counted towards superannuation for employees in accumulation superannuation schemes (e.g. ordinary time earning calculations).

How it works

The ATO recently announced that the Health and Wellbeing Allowance would be rolled into salary, based on a discounted amount of $253.80. This calculation was based on a reduction of 15.4%, (superannuation payment) before the $300 allowance was rolled into salary.

Following feedback, we announced on 6 April 2016, that the discount rate would be amended from 15.4% to 4.05%.

This has been done to ensure that by the end of the 3-year EA an employee who is a member of an accumulation plan (superannuation) would be in the same position as if the allowance had not been rolled into base pay. (i.e. no worse off).

The ATO proposes to maintain the health and wellbeing allowance by rolling it into salary.

EXAMPLE:

An APS2 on pay point one would currently be on a salary of $50,892 per year. After rolling in the discounted H&W allowance ($288.00 - rounded) the new base salary would be $51,180.

When the 3% pay rise (Year 1) is applied on commencement of the EA, the employee’s salary

would be $52,715.

In Year 2, when the pay rise is 1.5%, the employee’s salary would be $53,506.

In Year 3, when the 1.5% pay rise is applied, the salary would be $54,309.

In this example, the amount paid for super for each employee in PSSAP will approximately be the same as if they were to receive the $300 Health and Wellbeing allowance in its current form. By the end of the 3-year agreement no employee will incur a net loss.

This new way of calculating the rolling in of the Health and Wellbeing allowance also ensures we remain consistent with the Bargaining Policy - i.e. rolling an allowance into base pay must ensure there is no net gain to employees over the life of the EA.

The 2011 EA Clause 79 – Health and wellbeing allowance

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Learning and development

We propose to maintain our commitment to L&D and capability development of employees, while simplifying the clauses for clarity.

Our commitment to learning and

development (L&D)

Access to, quality of, and time spent in L&D activities is important to the ATO and its employees. We have received extensive feedback about this topic (through the EA consultation process, and also through engagement surveys/census results). This is an area of continued focus across the ATO.

The way we do our business is changing. This impacts the knowledge, skills and behaviours we will need for our workforce in the future.

What stays the same?

Our commitment to capability development, advancement programs, continuing professional development and career development is ongoing. The ATO has a responsibility to ensure you have support and access to the capability development you need to do your current job, and to reach your goals.

Likewise, we acknowledge that employees also have a responsibility to ensure they take steps to build their capability. This is a joint commitment between the ATO and its people, and one we are being very clear about in a new EA.

Study programs

We maintain our commitment to develop and deliver financial assistance programs for employees to position and sustain our workforce to meet future needs.

Access to study leave

We are also maintaining provisions for full and part time study leave.

The approval process will also remain the same. The change we are making is to remove a list of criteria that employees must meet before they can be approved to take study leave. In practice, there is no change.

What happens outside the EA? We are seeking to make it easier for our people to identify learning relevant to their role and for their mobility.

We are achieving this through quality learning and development curricula and programs to help our people at all levels understand and meet their leadership and management responsibilities.

Our commitment has been reaffirmed in the creation of new L&D Chief Executive Instructions (CEIs).

Are you changing how much part time

study leave employees can take? No. We are, however, updating the clause to make it easier to read, and reflecting the various assessment offerings by education providers. For example, not all exams/assessments are now attendance based however this is not accounted for in the current clause.

Find out more Enterprise learning and development policy

- CEI

Learning

Learning Hub

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The 2011 EA 132. Capability Development

133. How to identify individual learning and development needs

134. How learning and development needs will be met

135. Advancement Development Program

136. Continuing Professional Development

137. Career development (137.9-13 support for part-time studies)

Learning and development

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Part-day travel

& incidentals allowance

What will stay the same?

Employees travelling on official business will still receive a travelling allowance to cover the cost of accommodation and meal(s) in advance where they are required to be absent from home overnight (providing the costs are not otherwise paid by the ATO) or travel part of the day.

Part-day travel allowance

We now propose to retain the part day travel allowance. (Previously, we had proposed to remove this allowance).

We decided to retain this allowance due to strong feedback from employees. You told us that this allowance was important to you when travelling under these circumstances, and that without it you were out of pocket.

You also told us that without this allowance, there could be an increase in unnecessary overnight travel.

The ATO seeks to maintain part-day travel allowance, whilst removing the incidentals component of travel allowance.

What we are looking to change?

The ATO seeks to remove the incidentals component of travel allowance.

The ATO does not believe incidental allowances still meet their intended purpose and therefore there is no need to retain it in our EA.

When an employee has genuine incidental costs associated with their official travel that are not covered by their travel allowance (e.g. parking fees), they can claim them through eClaim.

The 2011 EA Clause 71.1 – Incidental component of

travelling allowance

Clause 71.2 - Part day travel allowance

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Part-time employees

What are the major changes for part-time

employees?

• The main change for part-time employees is the proposal to increase the allowable flex credit to 25% of the hours in the settlement period, which is the same proportion as full-time employees.

• We have also rewritten the part-time clauses to ensure they are simple, clear and easy to read, without changing conditions.

Will the new EA make it harder for me to

access part time hours?

No. The ATO maintains its commitment to approving any reasonable request from any ongoing employee access to part time work where there is a balance between the employee’s personal needs and operational

requirements.

Can part time arrangements still be up to 12

months long?

Yes. We are maintaining the existing condition that part time agreements can be up to 12 months in duration (after which time, they need to reviewed and can be renewed). This is the same commitment as the current 2011 EA.

Will I be able to work part time when I return

from parental leave?

Yes, employees will still be able to access part-time work until their child has attained school age.

Can I still job share?

Yes, job sharing arrangements can be agreed where it makes good business sense to do so. These provisions have been retained in the proposed EA.

The ATO’s proposed changes that will affect part-time employees.

Will I be able to change my working hours?

Yes. There are no changes to conditions for changing your working hours. If your manager approved for you to work part-time, you can request a review of your working hours at any time. They can be changed if your manager agrees.

The maximum length of a part-time agreement will still be 12 months.

What hours will EL part-time employees be

expected to work?

All EL employees – regardless of whether they are full-time or part-time – will be expected to work ‘reasonable additional hours’. The

reasonable additional hours will be in addition to the total number of working hours that you have agreed with your manager.

The reasons for your part-time arrangement will be considered in determining what reasonable additional hours means for you.

What is the impact of including the Health

and Wellbeing allowance in salary for part

timers?

The $300 health and wellbeing allowance will be rolled into salary for all employees. For part-time employees, this means that you will receive a pro-rata portion of the rolled-in amount based on your part-time hours.

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Performance and

underperformance The ATO proposes to simplify the performance and underperformance clauses.

What we propose to change

We want to simplify the clauses to make them clearer and easier to understand and to assist employees to achieve the ATO’s performance

outcomes. Additionally we want to to align the agreement with the ATO’s performance

framework - Compass.


The performance framework is a critical component of being an effective organisation. The ATO’s commitment to effective performance

management remains firmly in place, and focuses on;

personalised goals for work and development

providing regular and constructive feedback

setting clear expectations and establishing career pathways

establishing a clear process to assist employees to perform to the required standard.

providing assistance for employees whose performance is, or at risk of, not meeting the required standards.

Will performance conversations still be

two-way?

Yes. Performance conversations should be honest, frank and open discussions between employees and their managers. This is, and will continue to be, included in our supporting information

Will we still have mid-year and year-end

reviews?

Yes - employees and their managers will discuss their performance during the 6 month (mid-year) and 12 month (year-end) check-ins.

These reviews will also include a discussion on the business outcomes to be achieved in the year ahead, discuss how you are tracking, review your proficiency against the capabilities required for your current job or future roles, and identify learning and development needs.

It is important that these conversations are supported by ongoing feedback between employees and managers at regular check-ins to ensure a clear and shared understanding of expectations and changing work requirements, as well as how the employee is tracking towards their goals.

The only difference is that we are proposing that this detail will be outside of the EA.

Are you reducing your commitment to

EL2 development by not having EL2-

specific provisions anymore? No. Now that we have one agreement to cover all non-SES employees there is no need for separate provisions for EL2 employees.

Will support be available to people not

performing at the required standard?

Yes. The ATO remains committed to ensuring all employees are given the opportunity and support required to reach the required level of performance. Again the detail will be outside of the EA. We are also committed to ensuring managers have the knowledge and support they need to effectively manage the performance of their employees.

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Performance and underperformance

The 2011 EA 130. Application of performance system

131. Performance System

140. EL2 – Performance system

141. Performance counselling

142. Unsatisfactory performance procedures

Find out more About Compass

Managing underperformance

Guide to managing underperformance

Will it now be easier to sack me for

underperformance?

No. We maintain our commitment to provide whatever help is necessary to assist an employee address performance gaps as soon as they are identified. This can include role clarification, training, a change of job, or the use of a performance improvement plan etc. All reasonable time will be taken to assist any employee in this situation.

If this assistance does not lead to an improvement in performance, then a formal assessment of performance can occur. Principles of natural justice, reasonable timeframes, and the full support of the ATO to improve to the required standard will be provided. The timeframe for this formal assessment will be determined by the delegate and the employee will be informed and provided with a right of reply.

If there are mitigating circumstances that may be contributing to any underperformance (such as health issues, or conduct issues), these will be taken into account. This is enshrined in the new EA.

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Redundancy

The ATO proposes to maintain all core redundancy entitlements, and re-write the clause to remove confusion and ambiguity.

What will stay the same

The entitlements an employee will receive on redundancy (voluntary or involuntary) are unchanged - including payout amounts, timeframes, and redeployment and consultation obligations between the employee and the ATO.

All the timeframes associated with redeployment and redundancy remain exactly as they are in the current EA.

The extensive requirements to seek redeployment and retraining to prevent a redundancy from occurring remain in place.

Why do you want to remove the

requirement for staff to work the first

three months of an involuntary

redundancy retention period? Under the current EA, if an employee does not accept an offer of voluntary redundancy they enter a retention period (either seven or 13 months*).

After the first three months of the retention period, if there is not enough work for the employee, the ATO can make them involuntarily redundant (and pay the employee the balance of the retention period that applies to them).

The ATO wants to include a provision which would give employees the flexibility to choose to take a redundancy during these first three months. This could only happen where the employee and the ATO agree. *Less the relevant redundancy pay period under the National

Employment Standard (NES).

What we propose to change

The redundancy provisions are inherently complex so we want to rewrite the clauses to make them easier to understand and follow.

Redrafting these clauses will not put any individual at greater risk of being made redundant, nor does it remove the ATO’s

commitment to redeployment.

We also seek to allow the ATO and an employee to agree to terminate their employment during the first three months of a retention period (i.e. not just after the first three months have passed).

Our final proposed change is in relation to the method of payment while an employee is in the retention period. In the current EA there are two methods which both result in the same payment received by the employee. We propose to have a single method because the alternative (provided for in the current EA) has never been used. Removing it helps avoid confusion.

Why are we looking to make

changes

We want to;

clarify the process

have one process for redundancy regardless of the reason (i.e. whether not coping with change or where the job is excess)

confirm the ATO’s existing right to use merit

based processes for the selection of staff to be declared excess where appropriate

• prevent redundancies through redeployment options wherever possible

• support any employee whose job becomes excess through the redundancy provisions.

Find out more Excess employee situations

ComSuper

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Redundancy

Why do you want to be able to transfer

employees without their consent? Our current provisions provide for the ATO to redeploy an employee from a group of potentially excess employees to a suitable work area (other than their current work area) if there are insufficient volunteers. This enables us to prevent an employee being declared excess.

Section 25 of the Public Service Act provides for any employee to be given different duties, not just those who may be excess. The Public

Service Commissioner’s Directions provide that assignment of duties decisions must be based on an assessment of the employees work related qualities and the work-related qualities genuinely required to perform the relevant duties.

While it is preferable that employee moves are voluntary this is not always possible.

Why are you changing the provisions of

clause 116 (i.e. employees whose

services cannot be effectively used)? The process won’t change in practice. The

proposed process for redundancy has sufficient flexibility to be used for situations covered by the current clause 116 as well as those where there are excess jobs. Cross-referencing between these clauses in the current EA can cause confusion – so we’re seeking to clarify it.

All other APS agencies have one process for both types of redundancies.

Why won’t you include guarantees for

no involuntary redundancies?

No agency can guarantee this. If necessary, the ATO needs the capacity to resolve excess employee situations through an involuntary redundancy process.

Why won’t you include guarantees for

job security? The size of our organisation and the work that we do is largely dependent on our obligations to the government and community at the time. We cannot guarantee any job, however we do have conditions in our EA that support redeployment and ensure that any employee whose job becomes excess due to changing priorities is suitably supported through redeployment and redundancy provisions.

Why do you want to be able to

terminate people after three months? This arrangement has been in place in ATO agreements since they began in 1998, so this is not a change.

As the position occupied by the employee is excess to requirements, it often does not make sense to keep employees at work when there is no meaningful work for them to do.

Why do you want to include orders of

merit?

Our current provisions allow the ATO to use merit based processes for the selection of staff to be declared excess (where it makes sense to do so). However there has been some confusion about this, so we want to make it clearer and remove all doubt. Redrafting these clauses will not change the current provisions.

Using orders of merit is, in the ATO’s view, a

legitimate and fair method of selecting employees who may become excess where there are more employees than there are positions.

The 2011 EA 116. Employees whose services cannot be

effectively used

117. Excess employees

118 – Preventing excess employee situations

119 – Redundancy provisions

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Rostering

Rostering

We are seeking to facilitate the wider application of rostering arrangements for client-facing work.

We will however maintain our 8am – 6pm Monday to Friday rostering window, and commit to only roster employees between the hours of 7.45am and 6.15pm where rostering is in place.

Voluntary rostering arrangements

We will continue our commitment to voluntary rostering arrangements (as far as practicable), and to consultation about new or changed rostering arrangements.

This is the same as our current approach under the 2011 EA.

Where will rostering arrangements apply?

Rostering arrangements will only apply to front line areas (including support areas) undertaking direct client contact related activities and/or processing work.

Does that mean all areas of the ATO will

now be rostered environments?

No. Rostering is one of a range of strategies we use to support our service offering to the community and we recognise that these working arrangements are not appropriate for all areas of the ATO.

Rostering will only be introduced where it makes reasonable business sense to do so.

The ATO proposes to simplify the rostering clauses to make the clear and easy to read.

If we do introduce rostering arrangements to new areas of the ATO, we will maintain our current commitment to consult with employees and their representatives beforehand.

This is a requirement of the Fair Work Act.

How will rosters be developed?

In developing rosters the ATO is committed to:

• taking into account the work/life preferences of employees, and preferences for the timing of meal breaks and preferred hours of work

• maximising resources to meet anticipated demand, to allow employees to have access to leave, flextime and L&D

• filling identified gaps by voluntary means in the first instance

• enabling staff to swap or renegotiate their rostered arrangements and hours in agreement with the delegate.

How far in advance could people be

rostered?

Rosters will apply for a maximum period of four weeks (a cycle), but may be developed up to three cycles in advance to assist with forward planning. This will help us to identify gaps in rostering and to rely on volunteers as much as possible.

This is in contrast to the current EA which has no limit on how far in advance rosters can be created. The change to the EA places a cap on how far in advance rosters can be created.

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Why we are looking to make changes

We need flexibility in our rostering arrangements so that we can evolve with the changing needs of the community and our service offering. We have moved beyond the current terminology ‘client service window’

because how and when we interact with the community is continually changing and we need to remain contemporary.

We may use rostering arrangements for employees involved in client facing work (including support areas) and/or processing work where the delegate determines it will allow us to meet our business and client needs.

The 2011 EA Clause 84. Client Service Window - Meeting

obligations for 8 am to 6 pm service to clients

Rostering

How will these changes help meet the

changing needs of the community?

As an organisation, we face the challenge of meeting the changing needs of the community and providing the right ‘channel’s’ and times for

clients to engage with the ATO.

The ‘channels’ in which rostering currently

applies are constrained to phones and some processing areas. As part of our Reinvention Program, the ATO is progressively moving to other delivery channels including online (myGov) and mobile applications. Some of these initiatives will require frontline support such as ‘click to chat’.

Clients are increasingly seeking to engage with the ATO at times that better suits their changing work and lifestyle patterns. This engagement is not only via traditional means (such as the ATO shopfront or phones) but also with new and emerging methods of engagement.

We need to balance this against our workforce needs – getting this balance right is a critical challenge.

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Streamlining and links to

legislation

Simple, clear and easy to read Many of your workplace rights and conditions are protected by legislation. That means that certain content is not required to be included in the enterprise agreement (EA). Definitions and examples are provided below.

The proposed ATO EA has been developed in line with the Workplace Bargaining Policy (the Bargaining Policy). The Bargaining Policy states that an EA should be simple, clear and easy to read.

What does this mean? This involves simplifying agreements and removing unnecessary administrative detail and repetition of legislation. The proposed EA: • includes clauses required by legislation such

as dispute resolution, consultation and individual flexibility arrangements

• provides entitlements to employees • does not include terms that deal with matters

which are more properly dealt with by legislation, for example, work health and safety

• does not include general, aspirational statements that merely describe the department’s intentions

• does not impose restrictive work practices • is supported by polices and guidelines • contains provisions that cannot be reduced or

removed by a departmental policy.

What will this mean for the new EA? The proposed EA is a concise agreement that clearly states your entitlements, without duplication of legislation or policy detail. Excluding workplace rights and conditions from the agreement that are already provided for in legislation does not diminish them. The agreement will be supported by policies and guidelines which will outline the principles, administrative aspects and procedures involved with the entitlement. For example, the proposed EA will include that employees have an entitlement to 20 days of annual leave; the ATO’s leave guidelines will

then include the intention of annual leave and the processes involved in using annual leave.

What entitlements are currently

contained in legislation?

The ATO is proposing to avoid duplicating the following provisions in the EA as they are already enshrined in legislation.

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Machinery of Government changes

Public Service Act 1999

Public Service Regulations 1999

There are no provisions in the EA that relate to machinery of government changes.

The Public Service Commissioner may, under section 72 of the Public Service Act, give effect to an administrative re-arrangement.

Regulation 8.1 regulates the arrangements for salary and terms and conditions on transfer in these circumstances.

These do not need to be duplicated in the EA.

Work health and safety

Work Health and Safety Act 2011

Work Health and Safety Regulations 2011

Work Health and Safety Codes of Practice

2011

Safety Rehabilitation and Compensation Act

Work Health and Safety - CEI 2015/02/03

Australian Public Service Commissioner's

Directions 2013

Work health and safety consultation procedures

PS CM 2003/02 Risk and issues management

Return to Work (Rehabilitation) - CEI

2015/02/04

An Inclusive and Diverse ATO - CEI 2015/02/01

Proper Use of Information Technology

Equipment Policy

The protection of the health and safety of workers is comprehensively provided for in the Work Health and Safety Act 2011.

This legislation, and its accompanying regulations and Codes of Practice, include the responsibilities of the ATO as an employer, and its employees. It also outlines how the ATO will be regulated in relation to it’s work health safety obligations, and the rights of

employees to address any risks or concerns.

The ATO also has a range of policies and guidelines that are specific to health and safety.

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Superannuation

The ATO proposes to maintain the superannuation provisions, including specific reference to 15.4% employer superannuation contributions, and 101% salary for super.


We propose to maintain the superannuation provisions, including the specific reference to 15.4% employer superannuation contributions.

The Ordinary time earnings (OTE) method for calculating employer superannuation contributions for PSSap and Super Choice members will remain the same as what is in the ATO enterprise agreement 2011.

We also seek to maintain calculating salary for superannuation purposes at 101% of an employee’s salary.

Will specifying the rate in our EA

guarantee 15.4% employer

contributions?

No. The PSSap Trust deed continues to take precedence over the EA for PSSAp members regardless of the rate specified in the EA.

However, the rate of 15.4% will be guaranteed for Super Choice members if the Trust Deed changes. There is no indication of any plans to change the rate of contributions in the PSSap Trust Deed.

Can the PSSap Trust Deed be changed?

The PSSap Trust Deed can only be changed by legislative instrument, and is therefore subject to disallowance by the House of Representatives and the Senate.

The Trust Deed cannot be changed by the ATO.

Have you made any changes to what

the ATO will include as OTE?

We have removed the provision to pay super contributions to employees who are 70 years or older because this group is no longer excluded by the legislation. In effect, there is no difference for ATO employees as a result of this change.

The 2011 EA? Clause 30 – Superannuation

Find out more Superannuation PSSAP Trust Deed

Superannuation

Fair Work Act 2009

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Pay offer

Back pay The APS Bargaining Policy does not allow agencies to provide back pay, nor sign-on bonuses. This has been a consistent position by successive Governments for over a decade.

Superannuation The ATO proposes to maintain 15.4% employer superannuation contributions.

The provision of salary for superannuation purposes is proposed to remain and be calculated at 101% of salary.

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Australian Centre for International Agricultural Research Enterprise Agreement 2015 – 2018

Year 1 – 2% Year 2 – 2% Year 3 – 2%

31 pages

Australian Commission on Safety and Quality in Health Care 2016 - 2019

Year 1 – 3% Year 2 – 2% Year 3 – 1%

41 pages

Workplace Gender Equality Agency Enterprise Agreement 2015 – 2018

Commencement – 1.5% March 2016 – 1% March 2017 – 1%

March 2018 – 1.5%

37 pages

Commonwealth Grants Commission Enterprise Agreement 2015 – 2018

Year 1 – 3% Year 2 – 1.5% Year 3 – 1.5%

35 pages

Australian Financial Security Authority Enterprise Agreement 2015

Year 1 – 3% Year 2 – 2% Year 3 – 1%

32 pages

Independent Hospital Pricing Authority Year 1 – 3% Year 2 – 2% Year 3 – 1%

40 pages

National Transport Commission Year 1 – 2% Year 2 – 2% Year 3 – 2%

18 pages

Office of the Official Secretary to the Governor-General Year 1 – 2% Year 2 – 1.5% Year 3 – 1%

37 pages

Safe work Australia Year 1 – 2% Year 2 – 2% Year 3 – 2%

48 pages

Australian Office Of Financial Management 2015 - 2018 Year 1 – 2.5% Year 2 – 1% Year 3 – 1%

20 pages

Australian Trade Commission Enterprise Agreement 2015 - 2018

Year 1 – 2.5% Year 2 – 2%

Year 3 – 1.5%

36 pages

Clean Energy Regulator Enterprise Agreement 2016 - 2019

Year 1 – 2.3% Year 2 – 2.2%

Year 3 – 1.44%

43 pages

National Blood Authority 2015 - 2018

Year 1 – 2% Year 2 – 2% Year 3 – 2%

29 pages

Australian Federal Police – Executive Level Year 1 – 2% Year 2 – 2% Year 3 – 2%

27 pages

Organ and Tissue Authority 2016 - 2019 Year 1 – 2% Year 2 – 2% Year 3 – 2%

31pages

Australian Sports Commission 2016 - 2019

Year 1 – 2% Year 2 – 2% Year 3 – 2%

36 pages

Australian Transaction Reports and Analysis Centre AUSTRAC Enterprise Agreement 2016 – 2019

Year 1 – 3% Year 2 – 2% Year 1 – 1%

51 pages

NBN Co (various EAs covering different sections of NBN Co) Year 1 – 2.5% Year 2 – 2%

Year 1 – 1.5%

Various – generally around 30

pages

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Office National Assessments

Year 1 – 2.5% Year 2 – 2.5% Year 3 – 1%

40 pages

Office of the Australian Information Commissioner

Year 1 – 3% Year 2 – 2% Year 1 – 1%

56 pages

Department of Education & Training

Year 1 – 2.5% Year 2 – 2% Year 1 – 1%

67 pages

Comcare

Year 1 – 3% Year 2 – 2% Year 3 – 1%

43 pages

Department of Industry, Innovation & Science Year 1 – 3% Year 2 – 2% Year 3 – 1%

54 pages

Royal Australian Mint Year 1 – 3% Year 2 – 1.5% Year 3 – 1.5%

40 pages

Australian National Audit Office Year 1 – 2% Year 2 – 2% Year 3 – 2%

34 pages

Australian Reinsurance Pool Corporation Year 1 – 3% Year 2 – 2% Year 1 – 1%

28 pages

Geoscience Australia 51 pages

Inspector General of Taxation

Indigenous Business Australia

Food Standards Australia New Zealand

Office of Parliamentary Counsel

NB – some enterprise agreements are not yet available online and therefore we are unable to provide you with their pay

structure. Once we have this information we will update this document.

*With the revision to the bargaining policy some agencies have made changes to their pay structures.

Source: http://www.apsc.gov.au/publications-and-media/current-publications/apsc-news/thumbnails/agencies-

with-enterprise-agreements

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A quick update on bargaining • Following the conclusion of bargaining, we commenced the approval process to progress

towards a vote. This was approved by the APSC and we advised all staff on 15 April that we will be conducting a vote from 9.00 am (AEST) Friday 29 April until 1.00 pm (AEST) Thursday 5 May.

• Bargaining concluded on 6 April and in total there were 53 days of bargaining.

Previous bargaining update

Latest from the Commissioner • The Commissioner has continued his commitment to speaking directly to staff about the EA, with

all-staff emails and Commissioner Column updates. • Information sessions will conclude in Melbourne and Moonee Ponds on Tuesday 26 April. Sessions

were held in 19 sites, as well as teleconferences for staff in Burnie, Darwin and Alice Springs. • On Friday 15 April, the Commissioner emailed all staff to advise that the ATO will hold a vote from

29 April, with the access period commencing Friday 22 April. Previous update from Commissioner

Voting • Voting will be conducted by ORIMA Research and will take place between 9.00am Friday 29 April

and 1.00 pm Thursday 5 May • Information about how to vote will be provided to all employees prior to the vote commencing. It is

expected that all employees will receive this information by COB Wednesday 27 April. • All ATO employees will receive this information to their email address prior to the voting period. If

staff have leave approved in SAP during the vote period, a notification will be sent to their postal addresses as recorded on SAP, or to personal email addresses that have been provided to us specifically for the purposes of the EA.

• Prior to going on leave, staff are encouraged to register their contact email so as to continue to receive EA information.

Latest information • We are still seeking advice in relation to potential impacts of caretaker arrangements

however it is unlikely to affect the vote. If anything was to occur, we will advise all staff. • Additional EA information sessions are being run for out-of-hours casuals

Confirmation of pay proposal • The ATO received approval of the proposed pay offer on 31 March. This was communicated to all

staff, with the pay offer being: • 3% from the commencement of a new EA • 1.5% 12 months after commencement • 1.5% 24 months after commencement

• Details of the pay proposal, and the salary rates are available for all employees in the draft EA’s that are published on SharePoint

• The pay proposal of 6% over the life of the EA is keeping in line with the Government’s Bargaining Policy which states that “Remuneration increases may be negotiated up to an average of 2% per

8 APRIL 2016 FOR OFFICIAL USE ONLY

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annum”. We are not able to offer more than that, but we are intending to maximise the remuneration aspects of the proposal by

• not increasing the standard working day • frontloading the pay offer as much as possible • retaining the health and wellbeing allowance (by rolling it into salary) • increasing duty-related allowances (i.e. first aid, health & safety reps etc) by the rate

of the pay increase each year. > The bargaining policy does not permit any agency to provide back pay, nor offer a sign-on bonus.

All pay increases must be prospective. > If staff want more information on the bargaining policy, it is available on the EA SharePoint.

Myth busters • There are two new myth busters on the EA SharePoint site • We have published a ‘mythbusting’ document in order to respond to incorrect, misleading and

inflammatory claims about the EA proposal. We will continue to update this document as claims come to light.

• We strongly recommend that you familiarise yourself with this document as it will assist in responding to questions from your staff.

• Staff who are concerned about the veracity of the ATO’s responses can be referred to the full proposal to interrogate the claims for themselves. Both a tracked changes version and clause-by-clause comparison are available on the EA SharePoint page.

Upcoming communications In addition to the EA information sessions (with the Commissioners) currently underway, our communication is addressing topics including:

– Continued email updates to audience groups about key topics. In particular: EL1 flexible working arrangements (email sent Thursday 14 April) - Perceptions about the impacts of ‘streamlining’ (email sent Mon 11 April) - Information about rostering - Information about the pay offer - Information for part-timers - Information for casuals - Information for EL2s - What is happening in other agencies (‘APS updates’ button on EA SharePoint homepage) -

– We are also rotating our messages appearing on notice boards, TV screens (in foyers and

entrances), logon screens when people turn their computers on etc. – Information about how to vote, and how to access information (and vote) if staff will be on leave

(email sent to managers 11 April) – information is also available on EA SharePoint homepage via ‘Going on leave’ button

– Site-based local sessions (i.e. with local SES) about the offer


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Key things we’re not changing in the ATO proposal EL1 flexibility • A single set of flexible working arrangements for all EL employees. EL1 employees will still be able

to take time off for single and/or part days. • It does not mean EL1s will be:

o prevented from balancing their work commitments and lifestyle in a flexible way o expected to perform the same duties as EL2 employees.

EL2 classification • To make the practical realignment of the pay scales consistent with the existing ATO Leadership

Strategy, the classifications of EL2.1 and EL2.2 will become a single EL2 classification. • The ATO will ‘grandfather’ the existing EL2.2 salary range with transitional arrangements.

Employees who are not substantive EL2.2s will not be able to move onto those pay points. • The salary range for the EL2 classification will be the current EL2.1 salary range increased by the

proposed pay rises. • There will be a transition period of 12 months to enable business areas to adapt to the new

arrangements, including undertaking the necessary workforce planning and design, job profiling, communications and consultation.

• The ‘grandfathered’ EL2.2 salary points will be available for higher duties during the transitional period where there is a critical business need.

Allowances • Allowances that the ATO still wants to remove are incidental travel, camping, field work and

intermittent driving duties.

What information is available for staff? • Email updates – emails are sent to staff at the conclusion of every bargaining meeting, and when

significant announcements are being made • SharePoint – The best place to stay up-to-date is the ATO Enterprise Agreement SharePoint site

which can be accessed via the MyATO homepage. This includes: o A copy of the proposed EA. Staff can see exactly what the new EA will be, including

comparisons with the 2011 EA. o Fact sheets on major topics – the what, who, why of the ATO position on matters that are

important to them o Our response to myths and rumours that are spreading across the workforce – sorting the truth

from the myths • Information sessions – these are occurring throughout April


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Your role • Staff will approach you about the EA and, similarly, you will also find natural opportunities to talk

about the EA in your conversations with them. • We need you to be talking to staff at every opportunity with:

o we’ve listened: the changes in the ATO proposal show that we have listened, and we are responding.

o consistency: the proposal is affordable, backed by productivity and in accordance with the bargaining framework.

o honesty: the facts speak for themselves, and we want our employees to form an informed opinion about the proposal based on facts, rather than myths and rumours. The facts are available on the ATO Enterprise Agreement SharePoint site, including a copy of the actual EA draft so they can read it for themselves.

Support for you • Information about the ATO proposal is on the ATO Enterprise Agreement SharePoint site. • If you have any questions or need support when talking with your staff, phone or email:

o David Miller (x95964) o Scott McWhirter (x64211)


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Previous toolkit (distributed 08 April)

A quick update on bargaining • Bargaining was held this week on 5 and 6 April, and every week for the last 4 weeks. In total, there

has been 53 days of bargaining. • In bargaining this week, the ATO made a number of key announcements. These were also

communicated to all staff in an email from the Commissioner on the 6th April: - Christmas closedown: We will have an additional half day closedown on the 24th December

2018. - Remote localities provisions: We will maintain some provisions of the remote localities

provisions for approximately 63 employees who are located in Townsville and Darwin. The provisions being retained is the district allowance and additional leave (plus leave loading).

- Health and wellbeing allowance: We have recalculated the way in which we ‘roll-in’ the health and wellbeing allowance. This is to ensure that it remains cost neutral to the ATO and ensures that all employees will be no worse off in terms of their employer superannuation contributions over the life of the EA.

• Bargaining has now concluded, however the CPSU and ASU have indicated they would prefer further discussions. Despite the unions requests for further bargaining days, the ATO position is that all matters have been discussed and there are no further constructive bargaining discussions required.

• Following the conclusion of bargaining this week, we have now commenced the approval process to progress to a vote. We have announced that our intention is to conduct the vote from 29 April. As we progress closer to a vote, we will be encouraging all employee’s to register their personal email address so that they can receive communications about the EA if they are on leave.

Latest from the Commissioner • Information sessions commenced this week in Parramatta, Penrith, Wollongong, Townsville,

Brisbane, UMG, Chermside and Geelong. These sessions will occur across sites until the 21st of April and we are encouraging all employees to attend where sessions are still available.

• On Tuesday, 22 March the Commissioner emailed all staff to address ASU media commentary criticising the ATO for stating that we would like staff to have the opportunity to go to a vote by the end of April. The ASU believes that our intended timing is a deliberate tactic to hold a vote during school holidays (this year, the entire month of April is covered by school holidays across the states/territories). This is untrue.

• The Commissioner has highlighted that during consultation staff asked to go to a vote as soon as possible and that staff on leave will still have access to material that explains the proposal, and access to online voting.

• On the 6th of April, the Commissioner announced the changes to the ATO’s proposal, with key points being the additional half day Christmas closedown in 2018, and retaining some of the remote localities provisions for employees who currently receive them in Townsville and Darwin.

• On the 6th of April, the Commissioner also advised of our aim to conduct a vote starting on 29 April. We are now progressing the approval process to go to a vote, however it is possible that the ASU, and/or the CPSU may lodge another application with the FWC to prevent the ATO from progressing to a vote on the intended date of 29 April. If this occurs, we will communicate with all employees to advise them of the actions being taken and any expected impacts on the voting process.


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Concept The Commissioner, Second Commissioners, A/g Chief Operating Officer and Deputy Commissioner ATOP will conduct a series of ‘EA information sessions’ with staff in the lead-up to the second EA vote.

These sessions will provide an opportunity for staff to hear directly from the Commissioner and other senior staff about the current proposal. This will address the requests from staff during the recent consultation round for greater transparency and to hear more from the Commissioners about the EA.

Intent • To ensure that all staff have an opportunity to hear directly from the Commissioners and other

senior staff, and understand the broader context around the proposal • To encourage all employees to get informed about the proposal • To generate a momentum of support for the proposal in the lead-up to the vote

Timing and locations

The sessions will run from 4 – 21 April 2016, a period of three weeks, with two sessions offered at each site (three in Brisbane).

Sessions will be held in all sites but Darwin, Alice Springs and Burnie. (telephone conferences direct with the EA team will be offered in these locations)

Staff will be invited to register for the sessions using the SAP L&D registration system.

Session outline Introduction and presentation (allow 30 minutes)

• Welcome and brief introduction • The pay offer • Key points in the proposal • What is happening across the APS • What now?

Questions from the audience (allow 15 minutes) • Invite audience to express their opinions, raise concerns, and ask questions

EA information sessions – April 2016 Presenters briefing pack

1 APRIL 2016 | 1315 SENSITIVE

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SES and EA technical support All SES have a role during this period of information sessions: attending at least one session in their site and supporting the presenter talking to their staff about the EA. Every session will have: Local site SES in attendance At least 1 business-SES representative A member of the EA Team for technical advice/support.

Anticipated staff reaction Staff reactions are likely to be characterised predominantly by both continuing concern about the perceived removal of conditions, but appreciation of the Commissioner’s involvement. These reactions are evidenced by the staff responses sent to the EA mailbox following the Commissioner’s all-staff email of 9 March 2016. Staff have been reacting well to recognition of their feedback and could be referred to EA SharePoint information rather than engaging in arguments on individual points.

Resources

A comparison of ATO conditions vs the private sector is at Attachment A.

An overview of the most recent key economic figures is at Attachment B.

A list of possible questions and answers is at Attachment C. These are detailed

questions that have been asked of the EA Team about aspects of the EA process, and the proposal.


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ONLY IF ASKED Keeping up with CPI Cost of living and other economic indicators are relevant considerations for the Fair

Work Commission when they are setting minimum wages, including award rates of pay – they are not factors that are used to determine pay offers made during enterprise bargaining.

The latest data from ABS on CPI is a year to date increase of 1.7%

Maintaining the ATO as an employer of choice We know ATO employees have a strong sense of pride about the work that we do and

that our employees generally value their pay and working conditions. We also know from the State of the Service survey that a vast majority of ATO

employees are satisfied with our pay and conditions. In negotiating the agreement we need to find the right balance between the business

needs of the ATO, expectations of government and the community and our people. SES pay rise The productivity that underpinned the SES pay rise was: Consistency and streamlining of local titles and removal of layers, eg abolition of ADC

and SACs streamlining of many SES-specific administrative processes, including probation and

performance management rationalisation of SES Band 1 support teams, and redistribution of duties across the SES cohort following major reductions to the SES

workforce.


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have family and personal responsibilities, and we are committed to providing flexibility in working arrangements that allow us to be responsive and to assist you achieve an appropriate balance your work and personal commitments. There is no reduction in our commitment to helping you achieve a work life balance.

Performance – We have clear performance clauses in the EA offer and they are a critical

component of being an effective organisation. Our commitment to effective performance management remains firmly in place, and focuses on: – personalised goals for work and development – providing regular and constructive feedback – setting clear expectations and establishing career pathways

You may have heard that we are diluting our commitment to capability development. This is completely false. What we are doing is clarifying our expectations – ours, and yours – and we are investing heavily in this area. Just look around at all the effort we’ve put into our new performance system, COMPASS, our management and leadership development programs, our continued focus on learning & development, Learning Express, Tuition Assistance Program (TAP) etc.

Underperformance - We maintain our commitment, and the process, to provide whatever

help is necessary to assist an employee address performance gaps as soon as they are identified. This can include role clarification, training, a change of job, or the use of a performance improvement plan etc. All reasonable time will be taken to assist any employee in this situation. It is false to say that employees are more at risk of underperformance management.

Redundancy – The redundancy process is laid out in full, step by step. The big difference

between the redundancy provisions in our offer, compared with the 2011 EA, is that you can actually read them and understand them. Our commitment to preventing people from becoming redundant (unless, for example, they have expressed their desire to become redundant through an EOI process) is clearly explained in the EA both in intent, and in the processes we will use. It is false to suggest that we have diluted our obligations in this area.

Representation – We recognise the legitimate role unions play in the workplace. There is a

clause in the EA offer that clearly states your right to representation, which can include a union representative. This is a right under the Fair Work Act, and we’ve made it clear in the EA. It is false to suggest that employees will not have representational rights under a new EA.

Consultation - Some have suggested that the ATO is moving conditions into policy and that this means they can be changed at a whim without proper consultation. This is not true. You might have this impression because our very first proposals, from when bargaining started, did include this. But we’ve changed our position on this when the APS bargaining policy changed. Significant or substantial changes to policies and guidelines related to a provision in the EA will require ‘consultation’ with employees and their representatives. All input from the consultation process must be considered by the ATO prior to finalising any change to the policy or guideline. This is the same arrangement that is in place under the current 2011 EA. For consultation more broadly, we have adopted the model consultation term from the Fair


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Work Act. It very clearly spells out what and when we need to consult with you about workplace change.


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was about the number of days of personal leave that you can take without documentation each year. You told us that you saw this proposal as a sign from management that we don’t trust you. That isn’t true. We recognise that the rates of unscheduled absence have continued to decrease so we have made a change to the proposal, and we’re keeping the eight days of personal leave without documentation. We have also maintained the provision for the accrual of 17 days personal leave per year. This is the same as the current agreement.

Christmas closedown: We propose to extend the Christmas shutdown in 2018. This would mean that in 2018 the shutdown period would cover the full working day of Monday 24 December 2018 until Wednesday 2 January 2019. This half-day extension means one could start Christmas holidays at COB Friday 21 December 2018, rather than returning to work (or using other leave) on the Monday morning.

Part day travel allowance: In December, we proposed to remove the part-day travel allowance, however through the focus groups many people told us that without this allowance you would be out of pocket and it may increase unnecessary overnight travel. We are keeping this the same as the current agreement, which means that anyone travelling for work for over 10 hours will be eligible to receive an allowance to cover the cost of meals and other expenses.

Superannuation: We have maintained the superannuation entitlements that you currently receive – which includes 101% salary for super and 15.4% employer contributions.

Redundancy - We have maintained all of the redundancy entitlements, but what we have done is re-written the clauses to make them clearer to read and easier to understand. If you are not sure, check for yourself on the EA Sharepoint site.

Salary advancement – In December, we proposed to have a common salary advancement date. Many of you told us that some employees would be disadvantaged by moving to a different advancement date so we have maintained the provisions that we have currently, meaning that salary advancement will continue to occur on the anniversary of your engagement/promotion, as it is in the current EA. We’ve also been clear that non-ongoing staff will continue to receive salary advancement in the same way they do now. We have re-written these clauses to make them clearer and easier to understand.


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Attachment A

ATO COMPARISON WITH PRIVATE SECTOR This is very general information and should not be treated as 100% gospel. These are generalisations only. If this material is used in discussions, please highlight that these are generalised comparisons.

Comparing the ATO with private sector organisations is a difficult exercise. Drawing direct comparisons between work types, particularly between for-profit vs public sector workers, is generalised at best.

Pay > In overall terms, ATO pay compares favourably with private sector organisations who have

comparable work. I.e. financial institutions, insurance companies. > ATO pay levels, and pay increases, are unique in their simplicity. Other organisations incorporate a

lot of variables depending on performance, classification level, job family and/or commencement date in the organisation.

> The more easily comparable components to look at relate to conditions.

Hours of work > Standard working hours in the comparable private sector organisations are 38 hours per week

minimum, with no flex. > The ATO working week is 36.75 hours per week.

Bandwidth > Bandwidth is varied across other organisations, but typically is set until 8pm or 9pm, including

weekends, as a default. Staff are expected to work without overtime, whenever work demands, late in the evenings.

Annual leave > All organisations are required by the NES to provide 4 weeks. > However, many other organisations direct their employees to use their annual leave at specified

times during the year (i.e. between Christmas and New Year when the company shuts down). > The ATO does not do this.

Christmas closedown > We know of no private sector organisations that provide a Christmas closedown. In many cases,

companies force their staff to use their annual leave over the Christmas period.

Personal leave > Most comparable private sector organisations provide between 10-12 days of personal leave. The

ATO provision of 17 days far exceeds the National Employment Standard (10 days).

Maternity leave > In addition to the requirements under the Maternity Leave Act, the ATO provides an additional 4

weeks to bring the total to 16 weeks. This is unusual in comparison to private sector organisations.


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Attachment C

General questions .......................................................................................................................................................................................................................................... 27 Cost of living / CPI .......................................................................................................................................................................................................................................... 28 Staff engagement ........................................................................................................................................................................................................................................... 28 Vote ................................................................................................................................................................................................................................................................ 30 Approvals and process ................................................................................................................................................................................................................................... 30 Structure of the pay offer ................................................................................................................................................................................................................................ 31 Superannuation .............................................................................................................................................................................................................................................. 31 Streamlining ................................................................................................................................................................................................................................................... 32 Allowances ..................................................................................................................................................................................................................................................... 32 Rostering ........................................................................................................................................................................................................................................................ 32 Redundancy ................................................................................................................................................................................................................................................... 34 Performance ................................................................................................................................................................................................................................................... 35 Health & Safety (and unplanned leave) ...................................................................................................................................................................................................... 364 Consultation and representation .................................................................................................................................................................................................................... 36 Accommodation.............................................................................................................................................................................................................................................. 37

Commonly asked questions

30/03/2015

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All public sector agencies perform vital functions for the Australian community, and suggesting that the ATO is more important than others, and therefore more deserving of higher salaries, is misplaced.

9. This is a mean and short sighted action by a Commissioner who doesn’t care about his staff.

This is untrue. The Executive are responsible for running all aspects of the ATO within our existing budget and this means delivering our business (to the community and Government) and managing our workforce – it is always about finding the balance.

The Executive is offering staff the maximum pay offer possible under the bargaining policy. 10. Did the ATO Commissioner go into bat for

his people? What did he do to ensure this is the best possible offer?

Yes he did.

As you’ll have seen in his email to staff, the Commissioner responded to staff feedback following the ‘no’ vote and asked for a revised proposal in response.

The proposal is a significant shift from the November version and includes the conditions you asked for:

• 7 hours 21 minutes working day, not 7 hours 30 mins • eight days personal leave without documentation, rather than 5 days • reinstating Health and Wellbeing allowance • reinstating part day travel allowance • reinstating more detail in the EA around rostering/scheduling, work/life balance, performance management and capability

development.

The proposal also maintains: • Christmas closedown, with an additional half day closedown in 2018 • 17 days personal leave and the ability to use statutory declarations as evidence • 4 weeks annual leave • 16 weeks maternity/maternal leave • Ability to purchase up to 8 weeks purchased leave • Study leave • Flex leave • 8-6 rostering window • Redundancy entitlements • 101% salary for superannuation • Higher duties arrangements • EL2 professional allowance

11. This will make staff less productive, which will have a negative impact on revenue. The ATO does not agree.

We have confidence that staff will continue to be professional, to deliver outcomes for the Australian community, and do their jobs 30/03/2015

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• Chief emergency warden • Harassment contact officer • Wellbeing site representative

24. In 1998, staff were promised the remote localities conditions would apply until they either left Townsville or left the ATO. You are breaking a promise.

We are aware of those commitments made back in 1998.

Historically these conditions were provided across the APS to compensate for the remoteness and extra cost of living of these localities.

These provisions were ‘grandfathered’ in 1998 because the ATO did not need to provide these allowances to attract employees to jobs in these locations. The experience since then has proven this to be the case.

It has been over 16 years since these provisions were provided to all employees in these sites. We consider that is a long enough transition period and it is no longer appropriate for some employees to continue to get the benefits while others don’t.

This change is not directed at individuals – it is about remedying a situation that is no longer sustainable or justifiable for the ATO.

Remote localities provisions removed from the 2011 EA (cl. 54 to 57). Provisions were grandfathered in 1998. We have approx.72 employees who are still receiving allowances etc.

• annual district allowance of between $660 and $3130 depending on an employee’s location and if they have

eligible dependents. • up to an extra week annual leave per year • annual leave loading of 17.5% on the additional annual leave • emergency/compassionate travel • leave fares assistance – the cost of a full economy return airfare to and from the nearest capital city for the

employee and dependents and partner if income is less than $14,363 (Townsville: Cost of one return fare to Brisbane every 2 years; Darwin: Cost of one return fare to Adelaide per year

25. Wages in Townsville are already behind the average, and now you’re taking away even more from us? How are we supposed to cope with the costs of living?

Concerns about the cost of living are no more of an issue in Townsville than it is in every other location around Australia. As an issue, it is raised in every site we have visited when having discussions with staff.

According to the ABS. the cost of living, in an overall sense, is lower in Townsville than it is in any Australian capital city where most ATO staff are based.

In any case, the rationale for removing this allowance is not connected to cost of living – it is about providing equity for staff. The current situation where most employees in Townsville do not get the allowance, but a few do, if not equitable.

Rostering 30/03/2015

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Overview of the next 45 minutes What are we going to talk about?

The pay offer The facts of the proposal – what’s changing, and what isn’t? What happens next? Your questions

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The APS Bargaining Policy A re-cap of the key points of the Policy that governs this process

Key aspects of the policy are: EAs should be 3-4 years duration from commencement (i.e. no common nominal expiry date) Agencies can offer pay increases of, on average, up to 2% per year All pay increases must be prospective. Sign-on bonuses (which can be referred to as back pay) are not permitted EAs should be simple, clear and easy to read EAs should not impose restrictive work practices and other arrangements that confine the operations of the agency.

We can only negotiate remuneration increases which are affordable, consistent with the Bargaining Policy, and offset by

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The pay offer The ATO proposed pay offer for a three year EA is:

>Year 1: 3% (from commencement) >Year 2: 1.5% (12 months later) >Year 3: 1.5% (24 months later)

This is 6% over the life of the EA. The health and wellbeing allowance will be rolled into salary All duty allowances will increase by 6% over the life of the agreement This equates to $230.9 million.

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This is the maximum pay increase permitted under the APS Bargaining Policy. Rele

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Significant changes from the version you voted on last year

In early March, we made significant changes to our proposal.

Listening to your concerns and feedback

Recognising the positive contribution of all ATO staff

Great progress on our Reinvention program

The new proposal reinstates the conditions that you told us matter most to you, and keeps us at the forefront of APS pay

and conditions.

We want the ATO to be a great place to work and where ultimately, a better experience for you leads to a better

experience for the millions of clients we serve. 7

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Protection of the conditions that matter the most to you

Rostering – detail about the what, when, who and where of rostering

Work/life balance and flexibility – the ATO is committed to helping you achieve this

Performance – clarity about the mutual obligation between the ATO and employees to build capability and performance

Underperformance – clear steps for underperformance procedures, including obligations upon the ATO and protections for employees

Redundancy – a clear process with clear obligations and protections

Representation – your right to representation enshrined

Consultation – detailed consultation obligations, including consultation on changes to policies

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What is in the EA? An overview of conditions:

Length of the working day – 7.21

Health & wellbeing allowance – rolled into your base salary

Personal (sick and carers) leave – 17 days per year, and 8 days per year without documentation

Christmas closedown 2018 – half-day extension on Monday 24 December 2018

Part day travel allowance

Superannuation: 101% salary for super 15.4% employer contributions

Redundancy – all voluntary redundancy entitlements (including 2 weeks for each year of service), all involuntary entitlements (including 13 and 7 month retention periods).

Salary advancement – on your anniversary date 9

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What are we looking to change in the EA Overview of the things that are being changed:

Purchased leave – free up staff to take part-day amounts of purchased leave (current minimum is 1 day)

Flextime credits for part-time employees – increase to 25%

Flex debits – allow employees to remove any amount of flex debit with a salary deduction or using annual leave credits

Leave for staff affected by domestic or family violence – new provisions added to the miscellaneous leave guidelines

EL2 classification – Collapse the current EL2.1 and EL2.2 classification into one EL2 classification

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What are we looking to change…continued

EL1 flexible working arrangements – align the current EL1 flexible working arrangements with the expectations and arrangements currently in place for EL2s Individual bandwidth – allow staff to extend their individual bandwidth (from 6am to 9pm) where agreed between employee and the ATO. (Default bandwidth remains 7am to 7pm.) Remote localities – retaining some provisions (Townsville and Darwin) Field work allowance – remove $1.80 per hour allowance Incidental component of travel allowance – remove for overnight travel

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What’s happening across the APS?

Department of Treasury Department of Finance Department of Employment Department of Communication Department of Health Department of Foreign Affairs and Trade Department of Social Services Department of Education and Training Australian Public Service Commission

YES votes have occurred in 46 agencies, including:

Department of Infrastructure and Regional Development Department of Industry, Innovation & Science Comcare Comsuper Inspector General of Taxation Australian Financial Security Authority Australian Prudential Regulation Authority

Every agency/department is subject to the APS Bargaining Policy.

No agency/department has been offered more than 6%. Rele

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Where does the money come from? The affordability aspect of the pay offer is more challenging than in previous years. Our budget determines the affordability of all aspects of the ATO’s operations – including the pay and conditions under the EA In 2014-15, the ATO’s budget of $3.45b was spent across these areas.

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el1 flexible working arrangements - right to know · el1 remuneration takes into account...

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