Title and Parties to the agreement

1. This Agreement is the Department of the Prime Minister and Cabinet Enterprise Agreement 2024-2027.

2. The Agreement covers:

1. the Secretary, for and on behalf of the Commonwealth of Australia as the employer;
2. all employees in the Department of the Prime Minister and Cabinet employed under the PS Act other than:
   1. Senior Executive Service employees or equivalent; and
3. subject to notice being given in accordance with section 183 of the FW Act, and the following employee organisation which were a bargaining representative for this Agreement:
   1. Community and Public Sector Union.

Duration of this Agreement

3. This Agreement will commence operation on the following date, whichever is later:

1. 7 days after approval by the Fair Work Commission; or
2. 14 March 2024. 

4. This Agreement will nominally expire on 28 February 2027.

Delegations

5. The Secretary may Delegate to or authorise any person to perform any or all of their powers or functions under this Agreement, including the power of delegation, and may do so subject to conditions.

NES precedence

6. The terms of this Agreement are intended to apply in a manner that does not derogate from the NES. The NES will continue to apply to the extent that any term of this Agreement is detrimental to an employee of PM&C in any respect when compared with the NES.

Work Level Standards

7. The APS Work Level Standards continue to operate and describe the work at each of the classification levels in this Agreement, consistent with the Public Service Classification Rules 2000, made in accordance with section 23 of the PS Act.

Closed comprehensive agreement

8. This Agreement states the terms and conditions of employment of employees covered by this Agreement, other than terms and conditions applying under relevant Commonwealth laws.

9. This Agreement will be supported by policies and guidelines, as implemented and varied from time to time.

10. Policies and guidelines are not incorporated into and do not form part of this Agreement. To the extent that there is any inconsistency between policies and guidelines and the terms of this Agreement, the terms of this Agreement will prevail.

Individual Flexibility Arrangements

11. PM&C and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:

1. the agreement deals with one or more of the following matters:
   1. arrangements about when work is performed;
   2. overtime rates;
   3. penalty rates;
   4. allowances;
   5. remuneration;
   6. leave and leave loading; and
2. the arrangement meets the genuine needs of PM&C and the employee in relation to one or more of the matters mentioned in clause 11(a); and
3. the arrangement is genuinely agreed to by PM&C and the employee.

12. PM&C must ensure that the terms of the individual flexibility arrangement:

1. are about permitted matters under section 172 of the FW Act; and
2. are not unlawful terms under section 194 of the FW Act; and
3. result in the employee being better off overall than the employee would be if no arrangement was made.

13. PM&C must ensure that the individual flexibility arrangement:

1. is in writing; and
2. includes the name of PM&C and the employee; and
3. is signed by PM&C and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
4. includes details of:
   1. the terms of the enterprise agreement that will be varied by the arrangement;
   2. how the arrangement will vary the effect of the terms;
   3. how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and
   4. the day on which the arrangement commences.

14. PM&C must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

15. PM&C or the employee may terminate the individual flexibility arrangement:

1. by giving no more than 28 days written notice to the other party to the arrangement; or
2. if PM&C and the employee agree in writing — at any time.

16. PM&C and employee are to review the individual flexibility arrangement at least every 12 months.