OF TERMS AND CONDITIONS OF EMPLOYMENT FOR
THE PRIME MINISTER’S OFFICIAL ESTABLISHMENTS
CASUAL EMPLOYEES
2020-2023
I, Gerard Martin, being a person authorised under section 32 of the Members of Parliament (Staff) Act 1984 ('the Act') to exercise on behalf of the Prime Minister the powers conferred on the Prime Minister by Part Ill of the Act, hereby determine pursuant to subsections 14(3) and 15(2) of the Act the terms and conditions of employment of persons employed under subsection 13(1) of the Act to perform duties at the Prime Minister's Official Establishments.
Prime Minister's Official Establishments Casual Employee Determination No. 2017/08 is hereby revoked.
Gerard Martin
First Assistant Secretary
Ministerial Support Division
2020
SECTION 1 - TECHNICAL MATTERS................................................3
Title.......................................................................3
Application and Period of Operation...............................................3
Interpretation and Delegations...................................................3
Employment Legislation........................................................3
Family and Domestic Violence...................................................4
Consultation Relating to Major Change.............................................4
Major Change................................................................4
Change to regular roster or ordinary hours of work....................................6
Dispute Resolution............................................................6
SECTION 2 - TERMS AND CONDITIONS OF EMPLOYMENT...............................9
Hours of Work...............................................................9
Cancellation of rostered shift....................................................9
Time off in lieu arrangements....................................................9
Public Holidays..............................................................9
Representational Clothing......................................................10
Security clearances..........................................................10
Days of Cultural or Religious Significance..........................................10
SECTION 3 - LEAVE...........................................................11
Unpaid personal/carer's leave...................................................11
Unpaid compassionate leave....................................................11
Long service leave...........................................................11
Unpaid cultural and ceremonial leave.............................................12
Remuneration...............................................................13
Junior casual pay rates........................................................13
Superannuation.............................................................13
Recovery of Debts...........................................................14
CLASSIFICATION AND SALARIES.................................................15
SCHEDULE 1- CASUAL STAFF - COOKING ASSISTANTS/STAFF..........................15
SCHEDULE 2 - CASUAL STAFF - WAIT STAFF/KITCHEN HANDS..........................16
SCHEDULE 3 - CASUAL STAFF - HOUSE ATTENDANT/GARDENING ASSISTANT/FLORIST.......17
SCHEDULE 4 - CASUAL STAFF - CASUAL CHEF......................................18
APPENDIX..................................................................19
- This Determination is called the Prime Minister's Official Establishments Casual Employees Determination No. 2020 – 2023 (the Determination).
Application and Period of Operation
2. The Determination applies to casual employees employed as the
Prime Minister's Official Establishments Employees under Part III, subsection 13(1), of the Members of Parliament (Staff) Act 1984 (the Act) who carry out duties for the Prime Minister's Official Establishments in a position specified in Schedule 1 to 4 of this Determination (the employee). A separate Determination sets out the terms and conditions for full time and part time employees.
3. The Determination will commence on 22 November 2020 and will expire three (3) years from that date or on commencement of any further determination that covers the employment of employees to whom this Determination applies. If, for whatever reason, a further determination does not commence three (3) years after the commencement date of this Determination, the terms and conditions of employment (other than any remuneration increases) will continue as if the Determination was still in effect until such time as a new determination commences.
Interpretation and Delegations
4. A reference to a person to whom the Determination applies means a person to whom this Determination applies in accordance with clause 2 above.
5. A reference to the employer is a reference to the Department of the Prime Minister and Cabinet.
6. A reference to the Delegate shall be read as a reference to a person authorised by the Prime Minister for the purpose of the provision in which the reference occurs. For the purposes of the Determination the First Assistant Secretary, Ministerial Support Division, PM&C, is the Delegate.
7. Unless the contrary intention appears, a reference to the Prime Minister shall be read as including a reference to a person authorised by the Prime Minister for the purpose of the provision in which the reference occurs.
8. The Determination is not intended to operate to the exclusion of employment legislation and instruments, except where the Determination is directly based on such legislation or instruments, in which case the Determination prevails to the extent that it is capable of doing so. Various Commonwealth legislation (and instruments under Commonwealth legislation) may apply (according to their terms) to employment under the Determination, for example:
(a) Fair Work Act 2009 (FWA)
(b) Fair Work Regulations 2009
(c) Long Service Leave (Commonwealth Employees) Act 1976 (the Long Service Act)
(d) Equal Employment Opportunity (Commonwealth Authorities) Act 1987
(e) Privacy Act 1988
(f) Work Health and Safety Act 2011 (the WHS Act)
(g) Safety, Rehabilitation and Compensation Act 1988
(h) Superannuation Act 1976
(i) Superannuation Act 1990
(j) Superannuation Act 2005
(k) Superannuation Benefits (Supervisory Mechanisms) Act 1990
(l) Superannuation Guarantee (Administration) Act 1992
(m) Military Rehabilitation and Compensation Act 2014
(n) Parliamentary Services Act 1999
(o) Public Employment (Consequential and Transitional) Amendment Act 1999
(p) Social Security Act 1991, and
(q) Veterans' Entitlements Act 1986
9. The employer is committed to supporting employees affected by family and domestic violence. The employer will provide employees with leave and support in accordance with this Determination.
10. Further information can be found in the Family, Domestic and Intimate Partner Violence Policy.
Consultation Relating to Major Change
11. This term applies if the employer:
(a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours of work of employees.
12. For a major change referred to in paragraph (11)(a):
(a) the employer must notify the relevant employees of the decision to introduce the major change; and
(b) subclauses (13) to (18) apply.
13. The relevant employees may appoint a representative for the purposes of the procedures in this term.
14. If:
(a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative.
15. As soon as practicable after making its decision, the employer must:
(a) discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and
(b) for the purposes of the discussion—provide, in writing, to the relevant employees:
(i) all relevant information about the change including the nature of the change proposed; and
(ii) information about the expected effects of the change on the employees; and
(iii) any other matters likely to affect the employees.
16. However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
17. The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
18. If a term in this Determination provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph (12)(a) and subclauses (13) and (15) are taken not to apply.
19. In this term, a major change is likely to have a significant effect on employees if it results in:
(a) the termination of the employment of employees; or
(b) major change to the composition, operation or size of the employer’s workforce or to the skills required of employees; or
(c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(d) the alteration of hours of work; or
(e) the need to retrain employees; or
(f) the need to relocate employees to another workplace; or
(g) the restructuring of jobs.
Change to regular roster or ordinary hours of work
20. For a change referred to in paragraph (11)(b):
(a) the employer must notify the relevant employees of the proposed change; and
(b) subclauses (21) to (25) apply.
21. The relevant employees may appoint a representative for the purposes of the procedures in this term.
22. If:
(a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative.
23. As soon as practicable after proposing to introduce the change, the employer must:
(a) discuss with the relevant employees the introduction of the change; and
(b) for the purposes of the discussion—provide to the relevant employees:
(i) all relevant information about the change, including the nature of the change; and
(ii) information about what the employer reasonably believes will be the effects of the change on the employees; and
(iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and
(c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).
24. However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
25. The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees.
26. In this term:
relevant employees means the employees who may be affected by a change referred to in subclause (11).
27. If a dispute relates to:
(a) a matter arising under this Determination, or
(b) the National Employment Standards,
Clauses 27 to 34 sets out procedures to settle the dispute.
28. PM&C or an employee who is a party to the dispute may appoint a representative for the purposes of clauses 27 to 34.
29. In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level through discussions between the employee or employees and relevant supervisors and/or management.
30. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission (FWC).
31. The FWC may deal with the dispute in two ( 2) stages:
(a) the FWC will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation, and
(b) if the FWC is unable to resolve the dispute at the first stage, the FWC may then:
arbitrate the dispute, and
make a Determination that is binding on the parties.
Note: If the FWC arbitrates the dispute, it may also use the powers that are available to it under the FWA.
32. A decision that the FWC makes when arbitrating a dispute is a decision for the purpose of Division 3 of Part 5.1 of the FWA. Therefore, an appeal may be made against the decision.
33. While the parties are trying to resolve the dispute using the procedures in clauses 27 to 34:
(a) an employee will continue to perform their work as they would normally unless they have a reasonable concern about an imminent risk to their health or safety, and
(b) an employee will comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:
(i) the work is not safe
(ii) applicable work health and safety legislation would not permit the work to be performed
(iii) the work is not appropriate for the employee to perform, or
(iv) there are other reasonable grounds for the employee to refuse to comply with the direction.
34. The parties to the dispute agree to be bound by a decision made by the FWC in accordance with clauses 27 to 34.
SECTION 2 - TERMS AND CONDITIONS OF EMPLOYMENT
35. Casual employees are employed from time-to-time to perform duties on an intermittent, irregular and ad hoc basis.
Cancellation of rostered shift
36. Where a casual employee is given less than 24 hours' notice of the cancellation of their rostered shift:
a) a minimum of 3 hours for staff at The Lodge and a minimum of 4 hours for staff at Kirribilli House is payable, and
b) when the notice is given outside of business hours (8:30 am to 5:00 pm), the hours of the cancelled rostered shift are payable.
37. This is on the basis that casual employees may have declined other work and would be unlikely to be able to take up shifts from other employers given the short timeframe.
38. As casual employees are paid for every hour that they work, with the hourly rate incorporating a 20 per cent loading in lieu of overtime and other entitlements, employees are not entitled to time off in lieu arrangements.
39. Public holidays have been set down for the following days:
a) New Year's Day - 1 January
b) Australia Day - 26 January
c) Good Friday
d) Easter Monday
e) ANZAC Day - 25 April
f) the Queen's birthday, on the day on which it is celebrated in the state or territory or a region of a state or territory
g) Christmas Day - 25 December
h) Boxing Day - 26 December, and
i) any other day, or part-day, declared 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.
40. If under a state or territory law, a day or part-day is substituted for one of the public holidays outlined in clause 39, then the substituted day or part-day is the public holiday.
41. A casual employee who is rostered to work on a day that falls on a public holiday and is not required to perform duties on that day will receive payment for the number of rostered hours for that day at the base rate of pay (which includes the casual loading allowance).
42. Where the employee is required to wear occupation specific clothing, or needs protective clothing, including any clothing which has embossed lettering or titles identifying the residences, these shall be provided by PM&C and shall remain the property of PM&C.
43. Casual employees are to undergo and maintain appropriate security clearances as required by PM&C and this is a minimum employment condition. Failure to maintain an appropriate security clearance will result in the termination of employment.
44. Casual employees must be Australian citizens.
Days of Cultural or Religious Significance
45. An employee and the Delegate may agree to substitute any public holiday referred to in clause 39 for a cultural or religious day of significance to the employee.
46. Employees engaged on a casual basis receive remuneration which includes a 20 per cent loading in lieu of paid leave (excluding long service leave) and public holidays.
47. Casual employees are not entitled to the following types of leave or payments:
a) annual leave
b) subject to clause 48 below, paid personal/carer's leave
c) subject to clause 49 below, paid compassionate leave
d) paid community service leave
e) paid miscellaneous leave
f) paid maternity leave
g) paid supporting partner leave
h) paid Defence reserve leave
i) paid adoption leave
j) paid foster care leave
k) paid permanent care orders' leave
l) subject to clause 53 below, paid cultural and ceremonial leave for Aboriginal and Torres Strait Islander employees
m) subject to subclause 39 above, payment for public holidays on which the employee does not work and is not rostered to work
n) subject to Schedules 1 to 4, payment for overtime loadings
o) time off in lieu of overtime, and
p) severance or termination benefits.
48. Casual employees are entitled to two (2) days of unpaid carer's leave for each occasion ('a permissible occasion') when a member of the employee's immediate family, or a member of the employee's household, requires care or support because of:
a) a personal illness, or personal injury, affecting the member, or
b) an unexpected emergency affecting the member.
49. Casual employees are entitled to three (3) days of unpaid compassionate leave for each occasion ('a permissible occasion') when a member of the employee's immediate family or household contracts or develops an illness or injury which poses a serious threat to his or her life. An employee may apply to take additional days on other forms of leave.
50. Casual employees are entitled to long service leave in accordance with the Long Service Act. The minimum period of absence for which long service leave will be granted is seven (7) calendar days or fourteen (14) calendar days at half pay.
51. The Delegate will consider applications for long service leave in light of operational requirements.
52. Employees may take long service leave in conjunction with other periods of leave. However, where long service leave is taken together with other leave, the long service leave component may only be taken before or after a block of continuous leave and cannot be broken by those other periods of leave, unless otherwise provided for in legislation.
Unpaid cultural and ceremonial leave
53. PM&C is committed to the employment of Aboriginal and Torres Strait Islander people and recognises the traditional roles and obligations placed on them to participate in cultural and ceremonial activities.
54. To enable employees to meet cultural obligations they may access the following leave, subject to the Delegate's approval:
a) up to two (2) days leave without pay each financial year to participate in activities associated with their culture or ethnicity; and
b) up to a total of three (3) months leave without pay each financial year to fulfil cultural obligations.