Hours of work

Ordinary hours

91. Ordinary hours of work are 7 hours and 30 minutes per day (37.5 hours per week) for full time employees, or for employees with a part-time work agreement the hours set out in the agreement.

92. Managers and employees are mutually responsible for discussing a regular pattern of hours and workload requirements, to achieve organisational priorities and support individual and team wellbeing.

93. Employees may vary their work pattern across the 7am to 7pm span of hours Monday to Friday, as agreed with their manager.

94. The 7am to 7pm Monday to Friday span of hours may be formally varied to an alternative 12-hour period by agreement between the employee and Delegate. Work performed within the alternative span of hours will not attract overtime or TOIL.

95. Where agreement cannot be reached on a regular pattern of hours, or an employee’s attendance is unsatisfactory, the Delegate may require the employee to work standard hours. This does not reduce an employee’s entitlement to request flexible work under the NES.

96. Standard hours are 7 hours 30 minutes per day for full-time employees, worked from 
8.30am–12.30pm and 1.30pm–5.00pm Monday to Friday; or for employees with a part-time work agreement the hours set out in the agreement.

97. Employees who are going to be absent or later than usual must advise their manager as soon as practicable, ideally within 2 hours of their usual starting time.

98. Where the Delegate determines an employee’s absence from work is unauthorised, the absence will be unpaid and will not count as service for any purpose, unless otherwise required by law.

Additional Hours

99. Employees are not expected to work for more than 10 hours on a day, or 5 consecutive hours without taking a break of at least 30 minutes, unless there are exceptional circumstances.

100. Where employees are required to work for more than 10 hours with limited notice, the Delegate will approve the reasonable cost or reimbursement of a meal. The preferred method of payment is Government credit card.

Flex-time and recording attendance (APS 1–6 Level employees)

101. APS 1–6 Level employees must record their attendance in PM&C’s timekeeping system for manager approval.

102. APS 1–6 Level employees (excluding casuals) who work more or less than their ordinary hours within the span of hours will incur a one-for-one flex credit or debit. 

103. Accrued flex credits should be taken as soon as practicable, subject to operational requirements and by agreement between the employee and manager.

104. Where an employee’s flex credit exceeds 37.5 hours (pro-rata for part-time), or they have a flex debit of 7 hours 30 minutes or more, they must agree a plan with their manager to return their balance within these parameters over the next 4 weeks.

105. Prior to cessation of employment with PM&C, employees must take all reasonable steps to balance their flex credits or debits. Managers should provide opportunities to enable employees to balance any flex debits or credits.

106. Where it is not possible to balance flex credits due to operational requirements, the employee’s flex credit will be paid out on separation.

107. Where an employee separates from PM&C with a flex debit, they may choose to acquit the debit with annual leave credits. Otherwise, PM&C is authorised to recover debits from the employee’s salary or final pay.

Recognition of travel time

115. Employees undertaking approved official travel outside of their ordinary hours (but not performing work) will have the time spent in transit recognised as follows:

• APS 1-6 employees will accrue flex-time.
• Executive Level employees are granted TOIL in recognition of reasonable hours worked in line with the TOIL clauses set out above.

116. Where flex or TOIL is claimed, the time normally spent travelling to and from work should be deducted from the time spent in transit.

117. Overtime provisions only apply to employees undertaking official travel where they are directed by the Delegate to perform urgent, high priority or time critical work during transit.

Overtime

118. APS 1-6 Level employees (excluding casuals) are entitled to overtime where they are directed by the Delegate to undertake urgent, high priority or time critical work:

1. outside the span of hours;
2. on public holidays or during Christmas closedown; or
3. without an 8-hour break between work days.

119. APS 1-6 Level employees may choose to receive paid overtime or to accrue flex-time at the overtime rate.

120. Executive Level employees (excluding casuals) are only entitled to paid overtime in exceptional circumstances, including where they have been directed to undertake work without an 8-hour break, during Christmas closedown, or as otherwise determined by the Delegate.

121. Overtime provisions for casual employees are outlined in clause 354.

122. Overtime is calculated as follows:

1. Monday to Saturday – time and a half for the first 3 hours and double time for each hour thereafter.
2. Sunday – double time.
3. Public Holidays and Christmas Closedown 
   • within ordinary hours, normal salary plus time and a half
   • outside ordinary hours, double time and a half.
     Except for an employee whose normal work location is South Australia and it is a public holiday solely because it is a Sunday under the Holidays Act 1910 (SA).
      

123. The minimum overtime entitlement is one hour. After the first hour, if less than a whole hour is worked, the entitlement will be calculated up to the next full hour. Where overtime is not continuous with an employee’s normal work pattern, overtime entitlement will include reasonable travel time to and from work (if travel is required).

124. An employee who chooses to work additional hours outside their span of hours, on a public holiday, during Christmas closedown or without an 8 hour break without direction from the Delegate, will not be paid overtime for this work.

8-hour break

125. Employees are entitled to an 8-hour break, plus reasonable travel time to and from work (where required), between working days. Where the 8-hour break results in absence for part or all of their next working day, the employee will not be required to make up those hours and their salary will be unaffected.

126. The Delegate may direct an employee to return to work without an 8-hour break, plus reasonable travel time, for urgent, high priority or time critical work. Where this occurs employees are entitled to overtime until they are able to take an 8-hour break.

Flexible Working arrangements

127. PM&C, employees and their union recognise:

1. the importance of an appropriate balance between employees’ personal and working lives, and the role flexible working arrangements can play in helping to achieve this balance;
2. access to flexible work can support strategies to improve diversity in employment and leadership in the APS;
3. access to flexible work supports APS capability, and can assist in attracting and retaining the employees needed to deliver for the Australian community, including employees located at a wider range of locations;
4. that flexibility applies to all roles in PM&C, and different types of flexible working arrangements may be suitable for different types of roles or circumstances; and
5. requests for flexible working arrangements are to be considered on a case-by-case basis, with a bias towards approving requests.

128. PM&C is committed to engaging with employees and their union to build a culture that supports flexible working arrangements across PM&C at all levels. This may include developing and implementing strategies through the PM&C Consultative Committee.

129. Flexible working arrangements include, but are not limited to, changes in hours of work, changes in patterns of work and changes in location of work.

Requesting formal flexible working arrangements

130. The following provisions do not diminish an employee’s entitlement under the NES.

131. An employee may make a request for a formal flexible working arrangement.

132. The request must be:

1. be in writing;
2. set out details of the change sought (including the type of arrangement sought and the proposed period the arrangement will operate for); and
3. set out the reasons for the change, noting the reasons for the change may relate to the circumstances set out at section 65(1A) of the FW Act.

133. The Delegate must provide a written response to a request within 21 days of receiving the request.

134. The response must:

1. state that the Delegate approves the request and provide the relevant detail in clause 136; or
2. if following discussion between the Delegate and the employee, the Delegate and the employee agree to a change to the employee’s working arrangements that differs from that set out in the request – set out the agreed change; or
3. state that the Delegate refuses the request and include the following matters:
   1. details of the reasons of refusal; and
   2. set out the Delegate’s particular business grounds for refusing the request, explain how those grounds apply to the request; and
   3. either:
      1. set out the changes (other than the requested change) in the employee’s working arrangements that would accommodate, to any extent, the employee’s circumstances outlined in the request and that the agency would be willing to make; or 
      2. state that there are no such changes; and
   4. state that a decision to refuse the request, or failure to provide a written response within 21 days is subject to the dispute resolution procedures of the enterprise agreement, and if the employee is an eligible employee under the FW Act, the dispute resolution procedures outlined in section 65B and 65C of the FW Act.

135. Employees returning from parental leave with care of a school age child or younger will have requests for flexible work (including part-time work) approved unless the arrangements cannot be accommodated under any operational circumstances.

136. Where the Delegate approves the request this will form an arrangement between the Delegate and the employee. Each arrangement must be in writing and set out:

1. security and work health and safety requirements;
2. a review date (subject to clause 140); and
3. the cost of establishment (if any).

137. The Delegate may refuse to approve the request only if:

1. the Delegate has discussed the request with the employee; and
2. the Delegate has genuinely tried to reach an agreement with the employee about making changes to the employee’s working arrangements to accommodate the employee’s circumstances (subject to any reasonable business grounds for refusal); and
3. the Delegate and the employee have not reached such an agreement; and
4. the Delegate has had regard to the consequences of the refusal for the employee; and
5. the refusal is on reasonable business grounds.

138. Reasonable business grounds include, but are not limited to:

1. the new working arrangements requested would be too costly for PM&C;
2. there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested;
3. it would be impractical to change the working arrangements of other employees, or to recruit new employees, to accommodate the new working arrangements requested;
4. the new working arrangements requested would be likely to result in a significant loss in efficiency or productivity;
5. the new working arrangements requested would be likely to have a significant negative impact on customer service; and
6. it would not be possible to accommodate the working arrangements without significant changes to security requirements, or where work health and safety risks cannot be mitigated.

139. For First Nations employees, the Delegate must consider connection to country and cultural obligation in responding to requests for altering the location of work.

140. Approved flexible working arrangements will be reviewed by the Delegate and the employee after 12 months, or a shorter period if agreed by the employee. This is to ensure the effectiveness of the arrangement.

Varying, pausing or terminating flexible working arrangements

141. An employee may request to vary an approved flexible working arrangement in accordance with clause 132. An employee may request to pause or terminate an approved flexible working arrangement.

142. The Delegate may vary, pause or terminate an approved flexible working arrangement on reasonable business grounds, subject to clause 144.

143. The Delegate must provide reasonable notice if varying, pausing or terminating a flexible working arrangement without the agreement of the employee, having regard to the circumstances of the employee. Exceptions to this requirement are urgent and critical operational circumstances or an employee’s demonstrated and repeated failure to comply with the agreed arrangements.

144. Prior to the Delegate varying, pausing or terminating the arrangement under clause 142, the Delegate must have:

1. discussed with the employee their intention to vary, pause or terminate the arrangement with the employee;
2. genuinely tried to reach an agreement with the employee about making changes to the employee’s working arrangements to accommodate the employee’s circumstances (subject to any reasonable business grounds for alteration);
3. had regard to the consequences of the variation, pause or termination for the employee;
4. ensured the variation, pause or termination is on reasonable business grounds; and
5. informed the employee in writing of the variation, pause or termination to the approved flexible working arrangement, including details set out in clause 134(c).

Working from home

145. PM&C will not impose caps on groups of employees on the time that may be approved to work from home or remotely, with each request to be considered on its merits.

146. Employees with approval to work remotely or from home will be supplied with equipment and materials required to perform their role.

147. An employee working from home is covered by the same employment conditions as an employee working at an office site under this Agreement.

148. PM&C will provide employees with guidance on working from home safely.

149. Employees will not be required by PM&C to work from home unless it is lawful and reasonable to do so. This may include where circumstances prevent attendance at an office during a pandemic or natural disaster. In these situations, the Delegate will consider the circumstances of the employees and options to achieve work outcomes safely.

Ad-hoc arrangements

150. Employees may request ad-hoc flexible working arrangements. Ad-hoc arrangements are generally 
one-off or short-term arrangements for circumstances that are not ongoing.

151. Employees should, where practicable, make the request in writing and provide as much notice as possible.

152. Requests for ad-hoc arrangements are not subject to the request and approval processes detailed in clauses 130–140.

153. The Delegate should consider ad-hoc requests on a case-by-case basis, with a bias to approving ad-hoc requests, having regard to the employee’s circumstances and reasonable business grounds.

154. Where a regular pattern of requests for ad-hoc arrangements from an employee emerges, the delegate should consider whether it is appropriate to seek to formalise the arrangement with the employee.

Altering span of hours

155. An employee may request to work an alternate regular span of hours. If approved by the delegate, hours worked on this basis will be treated as regular working hours and will not attract overtime payments. PM&C will not request or require that any employee alter their regular span of hours under these provisions.

Part-time work

156. The daily pattern of hours for employees with a part-time work agreement will be a minimum of 3 continuous hours, unless otherwise agreed by the employee and Delegate.

157. Salary and allowances are calculated on a pro-rata basis for employees with a part-time work agreement, except for expense-related allowances, workplace responsibility allowance or reimbursements.

158. Payment of salary during leave for an employee with a part-time work agreement will be for their ordinary hours, except for long service leave which is calculated in accordance with the LSL Act.

159. Where APS 1–6 Level employees with a part-time work agreement are directed by the Delegate to work beyond their ordinary hours (within the span of hours) they will accrue flex-time or may elect to be paid for this time at their normal hourly rate.

160. If there is a need for regular or ongoing variations to an employee’s part-time working pattern, a revised part-time work agreement is required in accordance with clauses 141 - 144.

161. Employees with a part-time work agreement may revert to full-time at the end of the agreed period (noting all flexible work agreements must be reviewed at least annually), or earlier if full-time work is available and the Delegate agrees.

162. Employees engaged on a full-time basis will not be compelled to convert to part-time employment.

163. Employees engaged on a part-time basis will not be compelled to convert to full-time employment.

Public holidays

164. Employees will not normally be required to work on public holidays and will be paid for their ordinary hours. Employees may refuse a request to work on a public holiday on reasonable grounds.

165. Employees are entitled to the following holidays each year as observed at their normal work location in accordance with the FW Act:

1. 1 January (New Year’s Day);
2. 26 January (Australia Day);
3. Good Friday and the following Monday;
4. 25 April (Anzac Day);
5. the King’s birthday holiday (on the day on which it is celebrated in a State or Territory or a region of a State or Territory);
6. 25 December (Christmas Day);
7. 26 December (Boxing Day); and
8. any other day, or part day, declared or prescribed by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of the State or Territory, as a public holiday, other than a day or part day, or a kind of day or part day, that is excluded by the Fair Work Regulations 2009 from counting as a public holiday.

166. If a public holiday falls on a Saturday or Sunday, and if under a State or Territory law, a day or part day is substituted for one of the public holidays listed above, then the substituted day or part day is the public holiday.

167. The Delegate and an employee may agree on the substitution of a day or part day that would otherwise be a public holiday, having regard to operational requirements.

168. The Delegate and an employee may agree to substitute a cultural or religious day of significance to the employee for any day that is a prescribed holiday. If the employee cannot work on the prescribed holiday, the employee will be required to work make-up time at times to be agreed. This substitution does not impact or reduce an employee’s entitlement to First Nations Ceremonial Leave, NAIDOC Leave or Cultural Leave.

169. Where an employee substitutes a public holiday for another day, they will not be paid penalty rates for working their normal hours on the public holiday.

170. Where a public holiday falls during a period when an employee is absent on leave (other than annual, paid personal/carer’s or Defence service sick leave) there is no entitlement to receive payment as a public holiday. Payment for that day will be in accordance with the entitlement for that form of leave (e.g. If on Long Service Leave on half pay, payment is at half pay.)

171. If under a law of a State or Territory every Sunday is declared or prescribed by or under that law to be a public holiday, there is no entitlement to receive payment as a public holiday if the employee would have worked, or does perform work, on that day. In these circumstances, payment will only be made at the public holiday rate if the employee performs work on that day, and the Sunday would otherwise be a public holiday under clause 165(a-h).

172. An employee, who is absent on a day or part day that is a public holiday in their normal work location, is entitled to be paid for the part or full day absence as if that day or part day was not a public holiday, except where that person would not normally have worked on that day.

173. Where a full time employee, including but not limited to employees on compressed hours, has a regular planned day off which would fall on a public holiday, the Delegate may allow the employee to change their planned day off so that it does not fall on a public holiday. If it is not possible to change their planned day off, the employee will be credited an equivalent amount of time to their regular hours for the day in flex credits or TOIL in recognition of the planned day off.

Christmas closedown

174. Christmas closedown is the period from the end of the last working day before Christmas day to the start of the first working day after New Year’s day.

175. Employees are not required to take leave and are not normally required to work during Christmas closedown, and will continue to be paid for their ordinary hours during this period, unless they are on unpaid leave directly before and directly after the Christmas closedown period.

176. In exceptional circumstances, employees may be directed by the Delegate to work during Christmas closedown. Where this occurs employees will be entitled to overtime.