Probation

340. The probationary period for new employees is 6 months unless set out otherwise in the letter of offer or determined otherwise by the Delegate.

Job Security

Commitment to ongoing employment and rebuilding APS capacity

341. The APS is a career-based public service. In its engagement decisions, PM&C recognises that the usual basis for engagement is as an ongoing APS employee.

Reporting

342. Where a Consultative Committee is in place, PM&C will report to the PM&C Consultative Committee on an annual basis, or more frequently if agreed, on the number, duration, classification and location of ongoing, non-ongoing and casual employees engaged by PM&C.

Pathways to permanency

343. PM&C and the APS will comply with the casual conversion provision(s) of the FW Act. In addition, PM&C recognises that a proactive approach, including regularly reviewing casual and non-ongoing arrangements, is both a fair and efficient approach to supporting ongoing employment as the usual form of employment.

Casual (irregular and intermittent) employment

344. A casual employee is defined in the definitions section.

345. A decision to expand the use of casual employees is subject to the consultation requirements in Section 9 of this Agreement.

346. PM&C will regularly review the working arrangements of casuals to assess if they are genuinely performing irregular and intermittent duties, and report de-identified outcomes to the consultative committee, where one is in place.

347. Remuneration for casual employees shall be on an hourly basis. A casual employee shall receive a 25% loading on the base hourly rate of their classification as set out in this Agreement.

348. The casual loading is paid in lieu of payment for public holidays not worked, notice of termination of employment, redundancy benefits and all paid leave entitlements, other than leave required by legislation including long service leave in accordance with the LSL Act and leave for family and domestic violence support.

349. A casual employee shall be engaged for a minimum of 3 hours per engagement or shall be paid for a minimum of 3 hours at the appropriate casual rate.

350. A casual employee who is eligible for workplace responsibility allowance will be paid the full amount.

351. Casual employees are ineligible for flex-time, TOIL and annual pay point advancement.

352. Casual employees may access 2 days unpaid personal/carer’s leave for each occasion when an immediate family member or household member of the employee needs care and support because of illness, injury or an unexpected emergency.

353. Casual employees are entitled to unpaid compassionate leave and bereavement leave in accordance with clauses 248 to 255.

354. Overtime for casual employees is calculated and paid, at the rates set out at clause 122, for work performed beyond the agreed daily working hours, or in excess of 37.5 hours in a week. Casual loading is not paid during periods of overtime.

Non-ongoing employment

355. A non-ongoing employee is defined in the definitions section.

356. Non-ongoing employees will generally have the same terms and conditions of employment as ongoing employees under this agreement’s terms, except:

1. Personal/carer’s leave accrual at 202; and
2. the redundancy provisions in Section 10, subject to clause 357.

357. If the non-ongoing employee’s contract is not permitted by section 333E of the FW Act, then the redundancy provisions at Section 10, will apply.

358. If the redundancy provisions apply to an employee under clause 357, the agency must adhere to the consultation requirements in Section 9.

Entry level program employment

359. PM&C may engage employees on entry level programs such as the Graduate program or established APS wide programs, in accordance with the terms of the relevant program and as set out in the employment offer.

Shift workers

360. Employees defined as shift workers will be paid the applicable salary rate for their classification under this Agreement and receive paid penalty rates as set out in the APS Award.

361. Where a shift worker performs ordinary duties outside of the span of hours and on at least one day on Saturday or Sunday for an ongoing or fixed period, they are entitled to an additional week of annual leave for each year of service.

Location of work

362. The employee’s usual office location for work is identified in their letter of offer or other engagement documentation. If no designated location is specified on engagement, the Delegate may specify a usual location of work by advising the employee in writing.

363. The Delegate and employee may agree to vary the location in which the employee performs their work through an approved formal flexible work arrangement. Where a 100% remote work arrangement is in place, the remote address will be their normal work location for public holiday purposes.

Resignation

364. An employee may resign from their employment by giving the Delegate at least 14 calendar days’ notice.

365. At the instigation of the Delegate, the resignation may take effect at an earlier date within the notice period. In such cases, the employee will receive paid compensation in lieu of the notice period which is not worked.

366. The Delegate has the discretion to agree to a shorter period of notice or waive the requirement to give notice.

Payment on death of an employee

367. When an employee dies, or the Delegate has directed that an employee is presumed to have died on a particular date, subject to any legal requirements, the Delegate must authorise payments to the partner, dependants or legal representative of the former employee, the amount to which the former employee would have been entitled had they ceased employment through resignation or retirement, or where legislation provides specifically for amounts calculated based on the death of the employee, those amounts. If payment has not been made within a year of the former employee’s death, it should be made to their legal representative.