PSA DRAFT SALARIED ENTERPRISE AGREEMENT - …

1 Authorised by Nev KitchinGeneral Secretary, Public Service Association of SA122 Pirie Street, Adelaide SA 5000 PSA DRAFT SALARIED ENTERPRISE AGREEMENT April 2017 PSA DRAFT SALARIED ENTERPRISE AGREEMENT Page 1 / 142 PSA proposal for a new ENTERPRISE AGREEMENT This DRAFT ENTERPRISE AGREEMENT has been developed by the PSA based on the five key themes identified by members which are detailed in the PSA s What You Have Told Us document. The five themes are: 1. Job Protection 2. Wages and Conditions 3. Workload 4. Classification 5. Standardisation The PSA s proposal for a new SALARIED ENTERPRISE AGREEMENT has been drafted to provide clear, equitable, fair, consistent and enforceable provisions in a single ENTERPRISE AGREEMENT . It has been drafted with a view to eliminating ambiguity in the interpretation of clauses, and ensuring that all clauses dealing with conditions and protections for PSA members are clear and enforceable. The terms of the proposed AGREEMENT have been drafted for consistency in their interpretation and application, irrespective of the Department or Agency in which an employee works.

2 Further refinement of the PSA s proposal will continue, including in relation to Agency specific matters. Wage increase and duration of AGREEMENT The PSA reserves its position in relation to a wage outcome and duration of the AGREEMENT subject to negotiations with Government and the ongoing consultation with the PSA membership. The PSA does not accept the limitation of wage increase. Reading this AGREEMENT Text without highlighting is unchanged wording from the South Australian Public Sector Wages Parity ENTERPRISE AGREEMENT : SALARIED 2014. Wording deleted from the South Australian Public Sector Wages Parity ENTERPRISE AGREEMENT : SALARIED 2014 is struck out and highlighted in green. Example of deleted wording New wording for the PSA s proposed ENTERPRISE AGREEMENT is highlighted in green. Example of PSA wording Explanatory notes Explanatory notes are included in the side bar and are linked to specific clause(s). The notes include: a brief explanation of the clause(s) a reference to the relevant key theme from the PSA s What You Have Told Us document identification of protections for members identification of efficiencies, savings and productivity improvements PSA DRAFT SALARIED ENTERPRISE AGREEMENT Without Prejudice April 2017 PSA DRAFT SALARIED ENTERPRISE AGREEMENT Page 2 / 142 1 APPLICATION AND OPERATION OF AGREEMENT .

3 5 ENTERPRISE AGREEMENT .. 5 Objects and Commitments .. 5 Consistency of Interpretation and Application of Employment Conditions and Entitlements 6 Commitment to Ongoing Employment .. 6 Interpretation .. 6 Parties Bound .. 8 Other ENTERPRISE Agreements .. 10 Enforcement .. 10 Renegotiation .. 10 Variations .. 11 No Extra Claims .. 11 2 CONSULTATION AND GRIEVANCE AND DISPUTE RESOLUTION .. 11 Consultation Processes .. 11 Grievance and Dispute Resolution .. 12 3 REVIEWS .. 13 Classification Reviews .. 13 Working Party for the Management of Investigations .. 14 4 SALARY AND RELATED ARRANGEMENTS .. 14 Salary and Wage Adjustments .. 14 Incremental Progression .. 14 Salary Packaging Arrangements .. 15 5 PERFORMANCE DEVELOPMENT AND REVIEW .. 16 Professional Development .. 16 Training and 17 Performance Improvement .. 17 Performance Management and Development Review of Duties .. 18 6 WORKPLACE AND WORK LIFE FLEXIBILITY.

4 19 Voluntary Flexible Working Arrangements .. 19 Return to Work from Maternity and Adoption Leave on a Part Time Basis .. 19 Employees who are breastfeeding .. 20 Reimbursement of Reasonable Childcare Costs .. 20 Reimbursement of Reasonable Travel Costs .. 21 Workplace Flexibility Agreements .. 21 Personal Flexibility Agreements .. 22 7 HOURS AND RELATED MATTERS .. 23 Hours .. 23 Minimum Hours of Engagement .. 24 Meal Breaks .. 24 Public Holidays .. 24 8 FLEXITIME .. 26 Application of Flexitime .. 26 Accrual and Taking Flexitime .. 26 9 OVERTIME .. 26 Entitlement to Overtime .. 26 Employee s Right to Request Time off in Lieu of Payment for Overtime .. 27 Rest Period After Overtime .. 28 On-Call/Recall .. 28 Overtime Salary .. 29 10 SHIFT WORK .. 30 Shiftwork Principles .. 30 Definitions .. 30 Ordinary Hours of Work .. 30 Transition between shift and day work .. 30 Rosters .. 31 Notice Periods.

5 31 Replacement of an Employee on Shift Roster .. 31 Employees Swapping Shifts .. 31 PSA DRAFT SALARIED ENTERPRISE AGREEMENT Without Prejudice April 2017 PSA DRAFT SALARIED ENTERPRISE AGREEMENT Page 3 / 142 Shift Penalties .. 32 Entitlement to Annual Leave .. 32 Public Holidays - Employees Rostered Over Seven Days Per Week .. 32 11 LEAVE 32 Relationship to Appendix 2 .. 32 Paid Maternity and Paid Adoption Leave .. 32 Paid Partner Leave .. 34 Family s Carers Leave .. 34 Domestic and Family Violence .. 34 Medical Scientists - Leave .. 35 12 WORK HEALTH AND SAFETY .. 35 Commitments .. 35 Work Health and Safety Representatives .. 36 Mental Health First Aid Training .. 36 13 WORKLOAD MANAGEMENT .. 36 Protection from Unreasonable Workloads .. 36 Workload Consultative Forums .. 37 Workload Grievance and Dispute Resolution .. 37 14 REDEPLOYMENT, RETRAINING AND REDUNDANCY .. 38 Objective - Redeployment in the one public sector.

6 38 Policy Statement .. 38 Principles .. 38 4 Responsibilities .. 39 Consideration Prior to Any Declaration of Any Employee As Excess .. 40 Performance Issues .. 41 Notification of Declaration of Excess to Employees .. 42 15. Application of Separation Payments .. 42 Twelve Month Redeployment Period .. 43 Timeframes for the Redeployment and Retraining Process .. 43 Support, Training and Case Management .. 44 Vacancy Management and Excess Employee Vacancy Rights .. 46 Assignment for the Purposes of Redeployment .. 48 Declaring an Employee as No Longer Excess .. 51 Employees Who Are No longer Excess .. 51 Obligations to an Excess Employee .. 51 Reviews .. 52 Precedence .. 52 Grievance and Dispute Resolution .. 52 15 CLASSIFICATION MATTERS .. 53 Payment of Additional Duties .. 53 Reclassification Date .. 53 Classification and Reclassification ASO1 ASO2 .. 53 Level of Responsibility and Classification.

7 53 16 OTHER MATTERS .. 54 Applicant Pools .. 54 Residential Care Workers Allowance (DCP) REVIEW .. 54 17 RIGHTS TO BE REPRESENTED AND ASSOCIATION RIGHTS .. 54 Association Rights .. 54 Worksite Representatives .. 55 Association Worksite Representatives Conference .. 55 18 SIGNATORIES .. 57 APPENDIX 1: SALARIES SCHEDULES .. 58 APPENDIX 2: LEAVE .. 59 Principles of this Leave Appendix .. 59 SECTION B SICK LEAVE .. 59 SECTION C RECREATION LEAVE .. 66 SECTION D - LONG SERVICE LEAVE .. 70 PSA DRAFT SALARIED ENTERPRISE AGREEMENT Without Prejudice April 2017 PSA DRAFT SALARIED ENTERPRISE AGREEMENT Page 4 / 142 SECTION E PUBLIC SECTOR SKILLS AND EXPERIENCE RETENTION ENTITLEMENT .. 82 SECTION F SPECIAL LEAVE WITH PAY AND LEAVE WITHOUT PAY .. 93 SECTION G - RECOGNITION OF PRIOR SERVICE AND LEAVE ACCRUALS .. 115 GLOSSARY .. 126 APPENDIX 3: RETURN TO WORK FROM WORK RELATED INJURY .. 127 APPENDIX 4: CORRECTIONAL SERVICES.

8 129 APPENDIX 5: AHP MATTERS .. 130 APPENDIX 6: TRANSITION TO THE NATIONAL DISABILITY INSURANCE SCHEME AND COMMONWEALTH GOVERNMENT AGED CARE REFORMS .. 133 Materially Affected Employees With The Intention To Remain In The Public Sector .. 133 Materially Affected Employees With The Intention To Transition to a New Employer .. 133 Transmission of Business Matters .. 133 Reassignment, Retraining and Support For Materially Affected Employees .. 134 PSA DRAFT SALARIED ENTERPRISE AGREEMENT Without Prejudice April 2017 PSA DRAFT SALARIED ENTERPRISE AGREEMENT Page 5 / 142 1 APPLICATION AND OPERATION OF AGREEMENT ENTERPRISE AGREEMENT This ENTERPRISE AGREEMENT is made pursuant to the Fair Work Act 1994, Chapter 3, Part 2. This ENTERPRISE AGREEMENT may be referred to as the South Australian Public Sector Wages Parity ENTERPRISE AGREEMENT : SALARIED 2014 . This ENTERPRISE AGREEMENT will have effect only if approved by the Industrial Relations Commission of South Australia ( Commission ).

9 The term of this ENTERPRISE AGREEMENT shall be two years for a term as agreed through the course of negotiations from the date of approval by the Commission. The parties to this ENTERPRISE AGREEMENT acknowledge that issues of Government policy, service levels, Commissioner for Public Sector Employment (CPSE) Standards, Directions, Circulars, Guidelines, including as may be issued under the Public Sector Act 2009, Chief Executive determinations and resource allocation fall outside the parameters of this ENTERPRISE AGREEMENT . The employer parties undertake to, wherever possible, keep relevant employees informed of these issues. section 73 of the Public Sector Act 2009 states; A determination, direction or decision under this Act affecting remuneration or conditions of employment is subject to an award, determination or ENTERPRISE AGREEMENT in force under the Fair Work Act 1994 . OBJECTS AND COMMITMENTS The objects of this ENTERPRISE AGREEMENT are to: Enable the SA public sector agencies and employees party to this ENTERPRISE AGREEMENT to be dynamic productive and responsive to the service needs of government, the public and customers; Effect wages parity and increases in accordance with this ENTERPRISE AGREEMENT for SALARIED employees bound by this ENTERPRISE AGREEMENT and employed in positions classified at the same level; Continue to support South Australia s Strategic Plan and Strategic Priorities, A Modern Public Service Building a Stronger South Australia , the South Australian Health Care Plan including Transforming Health, and the achievement of government and agency objectives; Advance the objects of, and the public sector principles and practices referred to in, the Public Sector Act 2009; Support workforce flexibility, mobility, development and performance.

10 Continue to apply to particular agencies terms as detailed in Appendix 3. In making and applying this ENTERPRISE AGREEMENT , the parties are committed to: The continued evolution of the SA public sector as a dynamic, productive and customer responsive entity; Recognising that initiatives will continue to be introduced to improve the efficiency and effectiveness of the service and to enable the provision of quality services to government, the public and customers; Consultation in the development and implementation of public sector and agency based reform and change programs; Implementing an improved Redeployment, Retraining and Redundancy scheme from the date of approval of this ENTERPRISE AGREEMENT . Obtaining the approval of the Commission to this ENTERPRISE AGREEMENT ; and Existing conditions of employment applying to a party not being reduced, subject to the terms of this ENTERPRISE AGREEMENT and any applicable Workplace Flexibility AGREEMENT .