ANAO Enterprise Agreement 2024–27

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Published

Thursday 28 March 2024

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The Australian National Audit Office Enterprise Agreement 2024–2027 was approved by the Fair Work Commission (FWC) on 22 March 2024 and operates from 29 March 2024. The agreement will nominally expire on 28 February 2027. The signatories page of this agreement is available on the FWC website.

Section 1: Technical matters

Title

1This agreement will be known as the Australian National Audit Office Enterprise Agreement 2024 – 2027.

Parties to the agreement

2This agreement covers:

2.1the Auditor-General, for and on behalf of the Commonwealth of Australia as the employer;

2.2all employees in the Australian National Audit Office employed under the Public Service Act 1999 other than:

2.2.1Senior Executive Service employees or equivalent;

2.2.2Those persons whose salary is paid by another government agency or employer.

2.3subject to notice being given in accordance with section 183 of the Fair Work Act 2009, and the following employee organisation/s which were a bargaining representative for this agreement:

2.3.1Community and Public Sector Union (CPSU)

Operation of the agreement

3This agreement will commence operation seven days after approval by the Fair Work Commission.

4This agreement will nominally expire on 28 February 2027.

Delegations

5The Auditor-General may delegate to or authorise any person to perform any or all of the Auditor-General’s powers or functions under this agreement, including the power of delegation, and may do so subject to conditions.

National Employment Standards (NES) precedence

6The 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 the Australian National Audit Office in any respect when compared with the NES.

Closed comprehensive agreement

7This agreement states the terms and conditions of employment of employees covered by this agreement, other than terms and conditions applying under relevant Commonwealth laws.

8This agreement will be supported by policies and guidelines, as implemented and varied from time to time.

9Policies 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

10The Australian National Audit Office 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:

10.1the agreement deals with one or more of the following matters:

10.1.1arrangements about when work is performed;

10.1.2overtime rates;

10.1.3penalty rates;

10.1.4allowances;

10.1.5remuneration; and

10.1.6leave and leave loading.

10.2the arrangement meets the genuine needs of the Australian National Audit Office and employee in relation to one or more of the matters mentioned in clause 10.1; and

10.3the arrangement is genuinely agreed to by the Australian National Audit Office and the employee.

11The agency must ensure that the terms of the individual flexibility arrangement:

11.1are about permitted matters under section 172 of the FW Act;

11.2are not unlawful terms under section 194 of the FW Act; and

11.3result in the employee being better off overall than the employee would be if no arrangement was made.

12The Australian National Audit Office must ensure that the individual flexibility arrangement:

12.1is in writing;

12.2includes the name of the Australian National Audit Office and the employee;

12.3is signed by the Auditor-General and employee, and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and

12.4includes details of:

12.4.1the terms of the enterprise agreement that will be varied by the arrangement;

12.4.2how the arrangement will vary the effect of the terms;

12.4.3how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and

12.4.4states the day on which the arrangement commences.

13The Australian National Audit Office must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

14The Australian National Audit Office or employee may terminate the individual flexibility arrangement:

14.1by giving no more than 28 days written notice to the other party to the arrangement; or

14.2if the Australian National Audit Office and employee agree in writing – at any time.

15The Australian National Audit Office and the employee are to review the individual flexibility arrangement at least every 12 months.

Definitions

16The following definitions apply to this agreement:

APS agency means an agency whose employees are employed under the PS Act, including an agency as defined in section 7 of the PS Act whose employees are employed under that Act.
APS consultative committee means the committee established by the APS Commissioner to consider matters pertaining to the (APS) employment relationship and of interest to the APS as a whole.
Agency Head means the Auditor-General for Australia and accountable authority for the Australian National Audit Office, or the Auditor-General’s delegate.
Agreement means the Australian National Audit Office Enterprise Agreement 2024 – 2027.
APS means the Australian Public Service.
Australian Defence Force Cadets means the Australian Navy Cadets, Australian Army Cadets, or the Australian Air Force Cadets.
Bandwidth means the span of hours during which an employee can perform ordinary hours.
Broadband refers to the allocation of more than one approved classification by the Auditor-General to a group of duties involving work value applying to more than one classification under sub-rule 9(4) of the Public Service Classification Rules 2000. A broadband encompasses the full range of work value of the classifications contained within it.
Casual employee (irregular or intermittent employee) means an employee engaged under section 22(2)(c) of the PS Act who:
1. is a casual employee as defined by the FW Act; and
2. works on an irregular or intermittent basis.
Classification or classification level means the approved classifications as set out in rule 5 of the Public Service Classification Rules 2000.
Child means a biological child, adopted child, foster child, stepchild, or ward.
De facto partner means a person who, regardless of gender, is living in a common household with the employee in a bona fide, domestic, interdependent partnership, although not legally married to the employee. This includes a former de facto partner.
Delegate means someone to whom a power or function has been delegated.
Dependant means the employee’s spouse or de facto partner, a child, parent or aged relative of the employee or the employee’s spouse or de facto partner, who ordinarily lives with the employee and who is substantially dependent on the employee. Dependant also includes a child of the employee who does not ordinarily live with the employee but for whom the employee provides substantial financial support.
Employee means an employee of the Commonwealth engaged under section 22(2) of the PS Act who is covered by this agreement (whether full time, part-time or casual, ongoing or non-ongoing).
Employee representative means a person (whether an employee or not) elected or chosen by an employee or elected or chosen by a group of employees in a workplace, to represent the individual and/or collective views of those employees in relation to a matter under this agreement.
Family means:
1. a spouse, former spouse, de facto partner or former de facto partner of the employee;
2. a child, parent, grandparent, grandchild, or sibling of the employee;
3. a child, parent, grandparent, grandchild, or sibling of a spouse, former spouse, de facto partner or former de facto partner of the employee;
4. a member of the employee’s household; or
5. a person with whom the employee has a relationship of traditional kinship where there is a relationship or obligation, under customs and traditions of the community or group to which the employee belongs.
Family and domestic violence has the same meaning as in section 106B (2) of FW Act.
Full-time employee means an employee employed to work an average of 37 hours and 30 minutes per week in accordance with this agreement.
FW Act means the Fair Work Act 2009 as amended from time to time.
Manager means an employee’s direct manager who is usually the person to whom an employee reports to on a day-to-day basis for work related matters and may include a person referred to as a supervisor.
ML Act means the Maternity Leave (Commonwealth Employees) Act 1973 as amended from time to time and any successor legislation.
Non-ongoing employee means an employee engaged under section 22(2)(b) of the PS Act for a specified term or for the duration of a specified task, and consistent with the FW Act.
NES means the National Employment Standards at Part 2-2 of the FW Act.
Ongoing employee means an employee engaged under section 22(2)(a) of the PS Act.
Ordinary hours, duty or work means an employee’s usual hours worked in accordance with this agreement and does not include additional hours.
Parliamentary service means employment under the Parliamentary Service Act 1999.
Partner means a spouse or de facto partner, or former spouse or former partner.
Part-time employee means an employee whose ordinary hours are less than 37 hours and 30 minutes per week in accordance with this agreement.
Primary caregiver for the purposes of the parental leave clause means a pregnant employee with an entitlement under the ML Act, or an employee other than a casual employee who has primary care responsibility for a child who is born to them or who is adopted or in long-term foster care as per the clauses on adoption and long-term foster care in this agreement.
PS Act means the Public Service Act 1999 as amended from time to time.
Relevant employee means an affected employee.
Secondary caregiver for the purposes of the parental leave clause means an employee, other than a pregnant employee or casual employee, who has secondary care responsibility for a child who is born to them, or for a child who is adopted or in long-term foster care as per the clauses on adoption and long-term foster care in this agreement.

Usual location of work

17The Australian National Audit Office is a Canberra based organisation and the primary place of work for the Australian National Audit Office is 38 Sydney Avenue, Forrest.

18The Auditor-General and employee may agree to an alternate location of work on a temporary or permanent basis.

Section 2: Remuneration

Salary

19Salary rates will be as set out in Attachment A – Base salaries of this agreement.

20The base salary rates in Attachment A – Base Salaries include the following increases:

20.14.0 per cent from the first full pay period on or after 1 March 2024 (the 14 March 2024);

20.23.8 per cent from the first full pay period on or after 1 March 2025 (13 March 2025); and

20.33.4 per cent from the first full pay period on or after 1 March 2026 (the 12 March 2026).

21In recognition of a common alignment date of the first full pay period on or after 1 March each year, the payments in Attachment A – Base salaries were calculated based on base salary rates as at 31 August 2023.

Payment of salary

22Employees will be paid fortnightly in arrears by electronic funds transfer into a financial institution account of the employee’s choice, based on their annual salary using the following formula:

Fortnightly salary =	Annual salary × 12
	313

Note: This formula is designed to achieve a consistent fortnightly pay rate without significant variability year-to-year. It reflects that the calendar year is not neatly divisible into 26 fortnightly periods. There are 313 fortnightly pay cycles within a 12-year period.

Salary setting

23Where an employee is engaged, moves to or is promoted in the Australian National Audit Office, the employee’s salary will be paid at the minimum of the salary range of the relevant classification, unless the Auditor-General determines a higher salary within the relevant salary range under these salary setting clauses.

24The Auditor-General may determine the payment of salary at a higher value within the relevant salary range of the relevant classification and the date of effect at any time.

25In determining a salary under these provisions, the Auditor-General will have regard to a range of factors (as relevant) including the employee’s experience, qualifications and skills.

26Where an employee commences ongoing employment in the Australian National Audit Office immediately following a period of non-ongoing employment in the Australian National Audit Office for a specified term or task, the Auditor-General will determine the employee’s salary within the relevant salary range of the relevant classification which recognises the employee’s prior service as a non-ongoing employee in the Australian National Audit Office.

27Where an employee commences ongoing employment in the agency immediately following a period of casual employment in the Australian National Audit Office, the Auditor-General will determine the payment of salary within the relevant salary range of the relevant classification which recognises the employee’s prior service as a casual employee in the Australian National Audit Office.

28Where an APS employee moves to the Australian National Audit Office at level from another APS agency, and their salary is above the maximum of the salary range for their classification, the Auditor-General will maintain the employee’s salary at that level, until it is absorbed into the salary range for that classification.

29Where the Auditor-General determines that an employee’s salary has been incorrectly set, the Auditor-General may determine the correct salary and the date of effect.

Salary packaging

30Employees have the option to access benefits on a salary sacrifice basis, where there is no additional cost to the Australian National Audit Office.

31Where employees take up the option of salary packaging on a ‘salary sacrifice’ basis, the employee’s salary for purposes of superannuation, severance and termination payments and any other purposes, will be determined as if the salary sacrifice arrangement had not been entered into.

Incremental advancement

32In order to be eligible for salary advancement an employee must:

32.1be employed by the ANAO at the end of the performance and career development cycle.

32.2have completed 6 months of aggregate service at or above level in the Australian National Audit Office at the end of the performance and career development cycle (31 October).

32.2.1Eligible service for salary progression will include:

32.2.1.1periods of paid leave and unpaid parental leave;

32.2.1.2periods of unpaid leave that count as service; and

32.2.1.3service while employed on a non-ongoing basis.

32.3have a performance agreement in place.

32.4have received a performance rating during the performance and career development cycle which is indicative that the employee is meeting expectations.

33During a period of unpaid parental leave employees will be eligible to advance a maximum of one increment, regardless of the length of unpaid parental leave.

34Employees who are acting at a higher classification and satisfy the eligibility criteria set out in section 32, will be eligible for salary progression at both their substantive and acting classifications.

35Salary progression while acting at a higher classification, will be retained for future acting periods at, or promotion to, that classification regardless of elapsed time.

36Casual employees will not be eligible for incremental advancement.

37For executive level employees above the 5th pay point (EL 2) or 3rd pay point (EL 1), movement to a higher pay point (in to the “remuneration zone”) is subject to the approval of the Auditor-General.

Superannuation

38The Australian National Audit Office will make compulsory employer contributions as required by the applicable legislation and fund requirements.

39Employer superannuation contributions will be paid on behalf of employees during periods of paid leave that count as service.

40The Australian National Audit Office will make employer superannuation contributions to any eligible superannuation fund, provided that it accepts payment by fortnightly electronic funds transfer (EFT) using a file generated by the Australian National Audit Office’s payroll system.

Method for calculating superannuation salary

41The Australian National Audit Office will provide an employer contribution of 15.4 per cent of the employee’s Fortnightly Contribution Salary (FCS) for employees in the Public Sector Superannuation Accumulation Plan (PSSap) and employees in other accumulation superannuation funds.

42Employer contributions will be made for all employees covered by this agreement.

43Employer contributions will not be reduced by any other contributions made through salary sacrifice arrangements.

Payment during unpaid parental leave

44Employer contributions will be paid on periods of unpaid parental leave in accordance with the requirements of the PSSap fund where the employee is a member of the PSSap, and up to a maximum of 52 weeks where the employee is a member of an accumulation fund other than PSSap.

Overpayments

45An overpayment occurs if the Auditor-General (or the Australian National Audit Office) provides an employee with an amount of money to which the employee was not entitled (including but not limited to salary, entitlements, allowances, travel payment and/or other amount payable under this agreement).

46Where the Auditor-General considers that an overpayment has occurred, the Auditor-General will provide the employee with notice in writing. The notice will provide details of the overpayment.

47If an employee disagrees that there has been an overpayment including the amount of the overpayment, they will advise the Auditor-General in writing within 28 calendar days of receiving the notice. In this event, no further action will be taken until the employee’s response has been reviewed.

48If after considering the employee’s response (if any), the Agency Head confirms that an overpayment has occurred, the overpayment will be treated as a debt to the Commonwealth that must be repaid to the agency in full by the employee.

49The Auditor-General and the employee will discuss a suitable recovery arrangement. A recovery arrangement will take into account the nature and amount of the debt, the employee’s circumstances and any potential hardship to the employee. The arrangement will be documented in writing.

50The Australian National Audit Office and employee may agree to make a deduction from final monies where there is an outstanding payment upon cessation of employment.

51Interest will not be charged on overpayments.

52Nothing in clauses 45 to 51 prevents:

52.1the Australian National Audit Office from pursuing recovery of the debt in accordance with an Accountable Authority Instruction issued under the Public Governance, Performance and Accountability Act 2013;

52.2the Australian National Audit Office from pursuing recovery of the debt through other available legal avenues; or

52.3the employee or the Australian National Audit Office from seeking approval to waive the debt under the Public Governance, Performance and Accountability Act 2013.

Section 3: Allowances and reimbursements

Higher duties allowance

53Where a role needs to be filled for 2 or more working weeks, higher duties allowance will be paid to any employee temporarily occupying the role acting at a classification level higher than their substantive classification level.

54Higher duties allowance will be equal to the difference between the employee’s current salary and the salary that would be payable if they were promoted to the higher classification level, or a higher amount determined by the Auditor-General.

55Where an employee is found to be eligible for salary progression at their acting classification level they will receive an appropriate increase in the rate of higher duties allowance. The employee’s salary level will be retained for all future periods of acting regardless of elapsed time.

56Where an employee is assigned only part of the higher duties, the Auditor-General will determine the amount of allowance payable.

57Higher duties allowance will be payable while an employee is acting at a higher classification level as part of a job sharing arrangement where the duration of the arrangement is at least 2 working weeks.

58The Auditor-General may shorten the qualifying period for higher duties allowance on a case-by-case basis.

Allowances

59During the course of this agreement, the Auditor-General may review the allowances and/or provide guidance to employees and supervisors.

Motor vehicle allowance

60The Auditor-General may authorise, where the employee is agreeable, an employee to use a private vehicle, owned, hired or novated by the employee at their expense, for official purposes, where the Auditor-General considers that it will result in greater efficiency or involve less expense for the Australian National Audit Office. The allowance payable will not exceed the amount that would have been payable to transport the employee by the most efficient means. Such authorised employees will receive a Motor Vehicle Allowance in accordance with the rates set by the current determination issued by the Commissioner of Taxation under subsection 28.25(4) of the Income Tax Assessment Act 1997.

Restriction allowance

61Where an employee is required by the Auditor-General to be contactable and available to respond to office security and maintenance matters outside the hours of work in section 95, the employee, other than Executive Level employees or equivalent, will be eligible for payment of a restriction allowance of $108.07 per fortnight.

62If required to attend Australian National Audit Office premises as a result of this restriction provision, employees are eligible for payment of an allowance at the rate of two hours at double time, inclusive of travelling time, as per section 124, with a maximum payment of 5 hours double time in any 24-hour period.

Parking fees

63Reimbursement of parking fees will be available to employees where they are required to attend audited entities’ premises on official Australian National Audit Office business in accordance with the Australian National Audit Office Financial Management Procedures.

Workplace responsibility allowances

64A workplace responsibility allowance will be paid where an employee is appointed by the Auditor-General; or elected by eligible peers to one of the following roles:

64.1First Aid Officer;

64.2Health and Safety Representative;

64.3Fire Warden;

64.4Harassment Contact Officer (previously known as Diversity Contact Officer); and

64.5Mental Health First Aid Officer

65An employee will not receive more than one workplace responsibility allowance unless approved by the Auditor-General due to operational requirements.

66The rate for these roles will be:

Table 1. Workplace responsibility allowance rates

Rate from commencement of the agreement	Rate from 13 March 2025	Rate from 12 March 2026
$30.51 per fortnight	$31.67 per fortnight	$32.75 per fortnight

67As a salary-related allowance, this value will continue to be increased in line with base salary increases. These increases are incorporated in the rates in the table above.

68The full allowance is payable regardless of flexible work and part-time arrangements.

69An employee’s physical availability to undertake the role will be considered by the Auditor-General when appointing and reappointing employees to these roles. This is noting that not all workplace responsibility roles will necessarily require a physical presence in the workplace for the role to be successfully undertaken, such as Harassment Contact Officers, Mental First Aid Officers and Health and Safety Representatives depending on work group arrangements.

70Casual employees who are eligible to receive a workplace responsibility allowance will be paid the full amount (noting the minimum rate), as varied from time to time provided they engage in work during any given pay cycle, irrespective of the frequency and duration of the work undertaken.

Community language allowance

71A community language allowance will be paid where the Auditor-General determines that an employee is regularly required to use their ability to communicate in Braille or a language other than English (including First Nations languages and AUSLAN) in the course of their work, and the employee meets the required level of competency set by the Auditor-General. Further information is included in policy.

72The allowance is paid in accordance with the employee’s level of competency:

Table 2. Community language allowance rates

Rate	Standard	Rate from commencement of the agreement	Rate from 13 March 2025	Rate from 12 March 2026
1	An employee who has adequate language skills, as determined by an individual or body approved by the Auditor-General, for simple communication.	$1,435 per annum	$1,490 per annum	$1,541 per annum
2	An employee who is certified by the National Accreditation Authority for Translators and Interpreters (NAATI) as a Translator or Interpreter at any level; or is assessed to be at the equivalent level by an individual or body approved by the Auditor-General.	$2,870 per annum	$2,979 per annum	$3,080 per annum

73The allowance is calculated annually and paid fortnightly.

74The full allowance is payable regardless of flexible work and part-time arrangements.

75The allowance is payable during periods of paid leave.

76The allowance counts as salary for superannuation purposes and for calculating retirement and redundancy entitlements.

Section 4: Classifications and broadbands

Graduates

77The following pay arrangements will apply to employees engaged in the Australian National Audit Office Graduate program:

77.1commencing salaries for new graduates will be set at the minimum of the APS 3 operational classification pay point (unless otherwise agreed by the Auditor-General); and

77.2on successful completion of the graduate program the employee will be advanced through the graduate broadband to the APS 4 classification in the Australian National Audit Office classification structure, subject to meeting any advancement requirements set by the Auditor-General.

Work Level Standards

78The 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.

Broadbanded Classification Structure

79The Australian National Audit Office broadbanded classification structure is at Attachment A – Base Salaries. The Australian National Audit Office broadband arrangements, including progression criteria, are set out in policy.

80The Australian National Audit Office broadbanded classification structure has three broadbands, the graduate broadband for APS 3 to APS 4 classifications, Broadband 1 for APS 1 to APS 3 classifications and Broadband 2 for APS 4 to APS 5 classifications.

Section 5: Working hours and arrangements

Job security

Commitment to ongoing employment and rebuilding APS capacity

81The APS is a career-based public service. In its engagement decisions, the Australian National Audit Office recognises that the usual basis for engagement is as an ongoing APS employee.

Reporting

82Where a consultative committee is in place, the Australian National Audit Office will report to the Australian National Audit Office 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 the Australian National Audit Office.

Pathways to permanency

83The Australian National Audit Office and the APS will comply with the casual conversion provision(s) of the FW Act. In addition, the Australian National Audit Office 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 or intermittent) employment

84A casual (irregular or intermittent) employee is defined in the definitions section.

85A decision to expand the use of casual employees is subject to sections 340 to 361 of this agreement.

86The Australian National Audit Office will regularly review the working arrangements of casual employees to assess if they are genuinely performing irregular or intermittent duties, and report de-identified outcomes to the consultative committee, where one is in place.

87Remuneration for casual employees is on an hourly basis. A casual employee will receive a 25 per cent loading on the base hourly rate of their classification as set out in this agreement.

88The 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 Long Service Leave (Commonwealth Employees) Act 1976 and leave for family and domestic violence support.

89A casual employee will 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.

90A casual employee who is eligible for a Workplace Responsibility Allowance will be paid the full amount.

Non-ongoing employment

91A non-ongoing employee is defined in the definitions section.

92Non-ongoing employees will generally have the same terms and conditions of employment as ongoing employees under this agreement’s terms, except:

92.1personal/carer’s leave accrual at clause 190; and

92.2redundancy provisions at clauses 389 to 420, subject to clause 93.

93If the non-ongoing employee’s contract is not permitted by section 333E of the FW Act, then the redundancy provisions at sections 389 to 420 will apply.

94If the redundancy provisions apply to an employee under clause 93, the agency must adhere to the consultation requirements in sections 340 to 361 and sections 390 to 393.

Working hours

95The ordinary hours of work for full-time employees are 7.5 hours per day or 37.5 hours per week.

96For the purposes of recording leave absences and attendance, 7.5 hours is the standard day applying to full-time employees from the date of commencement of this agreement.

97For part-time employees, hours of work are those as agreed in their part-time work arrangements agreement.

98Unless otherwise agreed under section 152, the standard span of hours during which an employee may work ordinary hours are 7:30am to 7:30pm, Monday to Friday.

99The pattern by which employees will perform the hours of work specified in section 95 is a matter for agreement between the Auditor-General and the employee, taking into account operational requirements of the Australian National Audit Office. However, an employee will not be required to work more than:

99.1ten hours ordinary time on any one day; or

99.2more than five consecutive hours without a meal break of at least 30 minutes.

Time recording

100All Australian National Audit Office employees will record the hours worked and details of the work they have undertaken on individual tasks on the designated Australian National Audit Office time recording system.

Flex for APS 1-6 classifications

101Flextime is a formal system of flexible working hours arrangements which enables employees and the Auditor-General to vary working hours, patterns and arrangements.

102The accumulation of hours and the taking of these hours as flex leave under the flextime scheme, is only available to employees at the APS 1 to APS 6 classification.

103Employees may accumulate a maximum of 37.5 hours flex credit at the end of their settlement period. This limitation does not apply during periods of peak workload, subject to Auditor-General approval.

104For the flextime arrangements to work effectively, the Auditor-General has a responsibility to manage the hours of work of their employees. This is to ensure that employees are productively employed and are not accumulating excessive flex credits without the opportunity to reasonably access flex leave.

Excess flex debit

105Eligible employees may carry over a maximum of 10 hours flex debit accumulated in any settlement period into the next settlement period.

106In circumstances where the maximum debit is exceeded at the end of a settlement period, the employee will endeavour to reduce the debit to the maximum allowable over the next settlement period.

107Should this not occur, the excess amount shall be treated as leave without pay and an appropriate deduction made from the employee’s salary or annual leave may be substituted.

Local working patterns

108Other issues that the Auditor-General and employees may reach agreement on include:

108.1the maximum period of flex leave which may be taken in a settlement period;

108.2the period of core time, if any, that is to apply to the employee; and

108.3any other relevant issues for the employee, including flextime carryover credits.

Executive Level Time Off in Lieu (EL TOIL)

109Executive level (EL) employees are sometimes required to work reasonable additional hours. Consistent with the NES, employees may refuse to work unreasonable additional hours.

110EL employees seeking to access time off in lieu (TOIL) are required to keep records of their working hours using the method determined by the Australian National Audit Office.

111A manager is to grant TOIL in recognition of reasonable additional hours worked. TOIL granted to employees can be taken as whole or part days.

112The working arrangements for an EL employee should be agreed through discussion between the manager and the EL employee. The discussion should include consideration of the work requirements that will safely get the job done and reasonably allow the employee to balance their work and personal life.

113An EL employee’s working arrangements and actual hours worked should be discussed on at least a quarterly basis between the EL employee and their manager.

114The pattern of hours is to be flexible enough to accommodate short-term peaks and troughs in workload and include expected reasonable additional hours. The agreed pattern of hours is to be recorded.

115Requests from EL employees to access flexible time off which are consistent with their agreed working arrangements are to be supported, subject to operational requirements.

Overtime and restriction

116Payment of overtime is to compensate those eligible employees who are requested to undertake additional work for the organisation over and above their ordinary daily hours (7.5 hours). Where necessitated by operation requirements, an employee may be required to work on weekends or public holidays.

117Employees at or below the APS 6 classification are eligible for payment of overtime.

118Overtime shall only be worked with the prior approval of the Auditor-General. If circumstances do not permit prior approval, approval must be sought as soon as possible after the completion of the overtime.

119Overtime allowance, subject to approval, is payable for work performed on a:

119.1Monday to Friday beyond the daily hours of ordinary duty, normally 7.5 hours, or longer if agreed via a flexible working arrangement; and

119.2Saturday, Sunday or Public Holiday.

120Meal allowances are not payable during periods of overtime.

121Payment for overtime will be calculated on the employee’s actual salary, and to the nearest quarter hour with a minimum payment of 3 hours for all occasions.

122Employees should not work more than 5 consecutive hours without at least a 30 minute rest break.

Rate of payment

123Payment of overtime will be at time and a half for work performed Monday to Friday and Public Holidays in accordance with section 115 of the FW Act, and double time for work performed on a Saturday or Sunday.

124The formula for payment of overtime for full-time employees is:

124.1Time and a half rate

Annual salary	×	6	×	3
313	×	37.5 weekly hours	×	2

124.2Double time rate

Annual salary	×	6	×	2
313	×	37.5 weekly hours	×	1

Flexible working arrangements

125The Australian National Audit Office, employees and their union recognise:

125.1the 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;

125.2access to flexible work can support strategies to improve diversity in employment and leadership in the APS;

125.3access 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;

125.4that flexibility applies to all roles in the Australian National Audit Office and different types of flexible working arrangements may be suitable for different types of roles or circumstances; and

125.5requests for flexible working arrangements are to be considered on a case-by-case basis, with a bias towards approving requests.

126The Australian National Audit Office is committed to engaging with employees and their union to build a culture that supports flexible working arrangements across the Australian National Audit Office at all levels. This may include developing and implementing strategies through an Australian National Audit Office consultative committee.

127Flexible 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

128The following provisions do not diminish an employee’s entitlement under the NES.

129An employee may make a request for a formal flexible working arrangement.

130The request must:

130.1be in writing;

130.2set out details of the change sought (including the type of arrangement sought and the proposed period the arrangement will operate for); and

130.3set 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.

131The Auditor-General must provide a written response to a request within 21 days of receiving the request.

132The response must:

132.1state that the Auditor-General approves the request and provide the relevant detail in clause 133; or

132.2if following discussion between the Australian National Audit Office and the employee, the agency 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

132.3state that the Auditor-General refuses the request and include the following matters:

132.3.1details of the reasons for the refusal; and

132.3.2set out the Australian National Audit Office particular business grounds for refusing the request, explain how those grounds apply to the request; and

132.3.3either:

132.3.3.1set out the changes (other than the requested change) 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

132.3.3.2state that there are no such changes; and

132.3.4state 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 sections 65B and 65C of the FW Act.

133Where the Auditor-General approves the request, this will form an arrangement between the agency and the employee. Each arrangement must be in writing and set out:

133.1any security and work health and safety requirements;

133.2a review date (subject to clause 137); and

133.3the cost of establishment (if any).

134The Auditor-General may refuse to approve the request only if:

134.1the Australian National Audit Office has discussed the request with the employee; and

134.2the Australian National Audit Office 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

134.3the Australian National Audit Office and the employee have not reached such an agreement; and

134.4the Australian National Audit Office has had regard to the consequences of the refusal for the employee; and

134.5the refusal is on reasonable business grounds.

135Reasonable business grounds include, but are not limited to:

135.1the new working arrangements requested would be too costly for the Australian National Audit Office;

135.2there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested;

135.3it would be impractical to change the working arrangements of other employees, or to recruit new employees, to accommodate the new working arrangements requested;

135.4the new working arrangements requested would be likely to result in a significant loss in efficiency or productivity;

135.5the new working arrangements requested would be likely to have a significant negative impact on customer service; and

135.6it 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.

136For First Nations employees, the Australian National Audit Office must consider connection to country and cultural obligations in responding to requests for altering the location of work.

137Approved flexible working arrangements will be reviewed by the Australian National Audit Office 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

138An employee may request to vary an approved flexible working arrangement in accordance with clause 130. An employee may request to pause or terminate an approved flexible working arrangement.

139The Auditor-General may vary, pause or terminate an approved flexible working arrangement on reasonable business grounds, subject to clause 142.

140The agency 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.

141Prior to the Auditor-General varying, pausing or terminating the arrangement under clause 140, the Australian National Audit Office must have:

141.1discussed with the employee their intention to vary, pause or terminate the arrangement with the employee;

141.2genuinely 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);

141.3had regard to the consequences of the variation, pause or termination for the employee;

141.4ensured the variation, pause or termination is on reasonable business grounds; and

141.5informed the employee in writing of the variation, pause or termination to the approved flexible working arrangement, including details set out in clause 132.3.

Working from home

142The Australian National Audit Office 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.

143The Australian National Audit Office may provide equipment for, or reimbursement for all or part of the costs associated with, establishing a working from home arrangement.

144An employee working from home is covered by the same employment conditions as an employee working at an office site under this agreement.

145The Australian National Audit Office will provide employees with guidance on working from home safely.

146Employees will not be required by the Australian National Audit Office 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 Australian National Audit Office will consider the circumstances of the employees and options to achieve work outcomes safely.

Ad-hoc arrangements

147Employees may request ad-hoc flexible working arrangements. Ad-hoc arrangements are generally one-off or short-term arrangements for circumstances that are not ongoing.

148Employees should, where practicable, make the request in writing and provide as much notice as possible.

149Requests for ad-hoc arrangements are not subject to the request and approval processes detailed in clauses 128 to 137.

150The Australian National Audit Office 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.

151Where a regular pattern of requests for ad-hoc arrangements from an employee emerges, the Australian National Audit Office should consider whether it is appropriate to seek to formalise the arrangement with the employee.

Altering span of hours

152An employee may request to work an alternative regular span of hours (bandwidth hours). If approved by the Auditor-General, hours worked on this basis will be treated as regular working hours and will not attract overtime payments. The Australian National Audit Office will not request or require that any employee alter their regular span of hours (bandwidth hours) under these provisions.

Part-time work

153Employees engaged on a full-time basis will not be compelled to convert to part-time employment.

154Employees engaged on a part-time basis will not be compelled to convert to full-time employment.

Christmas closedown

155The Australian National Audit Office will be closed for normal business purposes from 25 December until the first working day following 1 January each year. Employees will be stood down on pay without deduction from leave credits.

156An employee who is required to work during the Christmas close-down period will be permitted to take 3 days as paid leave at another time as agreed between the employee and the Auditor-General.

Public holidays

157Employees are entitled to the following holidays each year as observed at their normal work location in accordance with the FW Act:

157.11 January (New Year’s Day);

157.226 January (Australia Day);

157.3Good Friday and the following Monday;

157.425 April (Anzac Day);

157.5the 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);

157.625 December (Christmas Day);

157.726 December (Boxing Day); and

157.8any 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.

158If 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.

159The Auditor-General 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.

160The Auditor-General 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.

161Where 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.

162Where a public holiday falls during a period when an employee is absent on leave (other than annual leave, paid personal/carer’s leave 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.)

163If 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 157.1 to 157.8.

164An 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.

165Where 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 Auditor-General 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 EL TOIL in recognition of their planned day off.

Section 6: Leave

Annual leave

166All employees (other than casual employees) are entitled to 4 weeks (20 days) paid annual leave per year of service, with part-time employees eligible on a pro-rata basis.

167Annual leave will accrue daily, according to the employee’s ordinary hours of work. Leave is credited on a fortnightly basis. Subject to organisational requirements and approval by the Auditor-General, leave is available for use as it accrues.

168Annual leave may be taken for:

168.1recreation or private purposes; and

168.2personal / caring purposes, where an employee has exhausted all their personal / carer’s leave credits.

169Employees will receive payment in lieu of any untaken annual leave upon separation from the APS.

170Employees who have insufficient leave credits may, subject to approval by the Auditor-General, anticipate one week of leave to cover emergency situations and when employees have exhausted their personal leave.

171Employees on worker’s compensation leave for more than 45 weeks per claim will have their annual leave credits reduced in accordance with section 211. Employees on an approved graduated return to work program will accrue annual leave hours on the basis of hours actually worked.

172Where annual leave is cancelled by the Auditor-General or the employee is recalled to duty, the employee will be reimbursed travel costs not recoverable from insurance or other sources. Evidence of costs may be required.

Accessing annual leave at half pay

173Annual leave may be taken at half pay, with a minimum debit of one-half day credit at any one time, giving an absence of one day on half pay.

174Approval to take half pay annual leave is subject to the proposal meeting operational requirements.

175Unless approved by the Auditor-General, annual leave may not be taken at half pay where an employee has an excessive leave balance.

176Combinations of full and half pay absences are allowable.

177Leave taken on half pay will count for service for all purposes.

Public holiday during annual leave

178Where a public holiday as defined in section 158 occurs during any period of annual leave, the period of the public holiday will not be deducted from the employee’s annual leave credit.

Excessive annual leave

179An employee, whether full or part-time, can be directed to take leave from 1 February each year for a maximum period of fifteen days in circumstances where they have accumulated more than two years annual leave in order to reduce their annual leave credit to the amount accrued in the previous two-year period.

180The Auditor-General may, in exceptional circumstances and with the employee’s consent, defer or substitute another date for the direction to be on annual leave or the amount of annual leave that may be accumulated beyond the two years entitlement.

Cash out of annual leave

181Employees may make a written request to cash-out up to three weeks annual leave credit each calendar year, with a minimum cash-out of one week’s leave. Each agreement to cash out a particular amount of paid annual leave must be in writing. This is subject to the cash-out not resulting in the remaining accrued leave entitlement being less than four weeks. The payment in lieu will be based on the employee’s periodic rate of pay at the time the request is made.

Purchased leave

182An ongoing employee may, with the approval of the Auditor-General, purchase up to an additional 5 weeks of leave. Salary payments will be averaged over the whole year to ensure that a standard rate is received each fortnight.

183Purchased leave will count as service for all purposes.

184When an employee ceases employment with the Australian National Audit Office, the purchased leave credits and unused payments will be reconciled and payments recovered or refunded as appropriate.

185Unused purchased leave credits are not transferrable between agencies.

Personal/carer’s leave

186All employees (other than casual employees) are entitled to 18 days paid personal/carer’s leave per year of service, with part-time employees eligible on a pro-rata basis.

187Leave at half pay may be approved by the Auditor-General.

188An employee will not, without their consent, be retired on invalidity grounds before their personal leave and/or annual leave credits are exhausted, unless provided by legislation.

Accrual

189For an ongoing employee, the employee’s full annual entitlement of personal/carer’s leave will be credited upon the employee’s commencement with the APS. After 12 months, the employee’s leave will accrue daily, credited on a fortnightly basis.

190For a non-ongoing employee, the personal/carer’s leave will be credited upon the employee’s commencement with the Australian National Audit Office. This will be 18 days leave pro-rated based on the employee’s initial contract period or part-time working arrangement and is capped at 18 days. After the initial contract period or 12 months, whichever is shorter, or where the employee has an existing entitlement to personal/carer’s leave, leave will accrue daily, credited on a fortnightly basis.

191A casual employee may be absent without pay when not fit for work due to personal illness or injury. A casual employee may access 2 days unpaid carer’s leave per occasion, consistent with the National Employment Standards.

192An employee in receipt of worker’s compensation payment for accumulated periods exceeding 45 weeks per claim will accrue personal/carer’s leave on the basis of hours actually worked.

193The Auditor-General may allow an employee who has worked in the APS for at least 3 years, to anticipate up to 10 days full pay personal leave where all other paid leave credits (excluding long service leave) are exhausted.

Usage

194Personal/carer’s leave may be used:

194.1due to a personal illness or injury;

194.2to attend appointments with a registered health practitioner;

194.3to manage a chronic condition; and/or

194.4to provide care or support for a family member (including a household member) or a person they have caring responsibilities; because of:

194.4.1a personal illness or injury affecting the person; or

194.4.2an unexpected emergency affecting the other person.

Carers

195A person that an employee has caring responsibilities for may include a person who needs care because they:

195.1have a medical condition, including when they are in hospital;

195.2have a mental illness;

195.3have a disability;

195.4are frail or aged; and/or

195.5are a child, not limited to a child of the employee.

Evidence

196Evidence to support personal/carer’s leave may be requested after:

196.1more than 4 consecutive days; and/or

196.2more than 8 days without evidence in a calendar year.

197Acceptable evidence includes:

197.1a certificate from a registered health practitioner;

197.2a statutory declaration; and/or

197.3another form of evidence approved by the Auditor-General.

198A certificate from a registered health practitioner may be used as evidence of a chronic condition for up to 12 months for both personal and carer’s leave.

Portability of leave

199Where an employee moves into the Australian National Audit Office from another APS agency where they were an ongoing employee, the employee’s unused accrued annual leave and personal/carer’s leave will be transferred, provided there is no break in continuity of service.

200Where an employee is engaged in the Australian National Audit Office immediately following a period of ongoing employment in the Parliamentary Service or the ACT Government Service, the employee’s unused accrued annual leave and personal/carer’s leave will be recognised unless the employee received payment in lieu of those entitlements on cessation of employment.

201Where an employee is engaged as an ongoing employee in the Australian National Audit Office and immediately prior to the engagement the person was employed as a non-ongoing APS employee (whether in the agency or another), at the employee’s request, any unused accrued annual leave (excluding accrued leave paid out on separation) and personal/carer’s leave will be recognised.

202Where an employee is engaged as a non-ongoing APS employee, and immediately prior to the engagement the person was employed as a non-ongoing APS employee (whether in the agency or another) at the employee’s request, any unused accrued annual leave (excluding accrued leave paid out on termination of employment) and personal/carer’s leave will be recognised.

203Where an employee is engaged as an ongoing employee in the Australian National Audit Office, and immediately prior to the engagement the person was employed by a Commonwealth employer (other than in the Parliamentary Services which are covered in clause 200), the Auditor-General will recognise any unused accrued personal/carer’s leave at the employee’s request. The Auditor-General will advise the employee of their ability to make this request.

204Where an employee is engaged as an ongoing employee in the Australian National Audit Office, and immediately prior to the engagement the person was employed by a State or Territory Government, the Auditor-General may recognise any unused accrued personal/carer’s leave, provided there is not a break in continuity of service.

205For the purposes of clauses 199 to 204, an employee with a break in service of less than 2 months is considered to have continuity of service.

Leave without pay

206Leave without pay may be granted by the Auditor-General for a purpose that is considered to be in the interests of the Australian National Audit Office and/or the Commonwealth.

207Leave may be granted for the period requested or for another period and may be subject to conditions.

208Where leave is refused, the employee will be advised in writing of the reason for the decision.

209Any continuous period of leave without pay greater than 30 calendar days will not count as service for annual leave and personal/carer’s leave accrual purposes.

Re-crediting of leave

210When an employee is on:

210.1annual leave;

210.2purchased leave;

210.3defence reservist leave;

210.4First Nations ceremonial leave;

210.5NAIDOC leave;

210.6cultural leave; or

210.7long service leave; and

becomes eligible for, under legislation or this agreement:

210.8personal/carer’s leave;

210.9compassionate or bereavement leave;

210.10jury duty;

210.11emergency services leave;

210.12leave to attend to family and domestic violence circumstances; or

210.13parental leave, premature birth leave, stillbirth leave or pregnancy loss leave;

the affected period of leave will be re-credited.

211When an employee is on personal/carer’s leave and becomes eligible for parental leave, premature birth leave, stillbirth leave or pregnancy loss leave, the affected period of leave will be re-credited.

212Re-crediting is subject to appropriate evidence of eligibility for the substituted leave.

Long service leave

213An employee is eligible for long service leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976.

214The minimum period for which long service leave will be granted is 7 calendar days (whether taken at full or half pay). Long service leave cannot be broken with other periods of leave, except as otherwise provided by legislation or provided for in the re-crediting of leave clause at 210 of this agreement.

Miscellaneous leave

215Miscellaneous leave with pay may be granted by the Auditor-General for a purpose that is considered to be in the interests of the Australian National Audit Office and/or the Commonwealth.

216Leave may be granted for the period requested or for another period and may be subject to conditions.

217Where leave is refused, the employee will be advised in writing of the reason for the decision.

218Miscellaneous leave may be granted to casual employees for the purpose of family and domestic violence leave and to accommodate other Government directives.

Cultural, ceremonial and NAIDOC leave

NAIDOC leave

219First Nations employees may access up to one day of paid leave per calendar year, to participate in NAIDOC week activities.

220NAIDOC leave can be taken in part days.

First Nations ceremonial leave

221First Nations employees may access up to 6 days of paid leave over 2 calendar years to participate in significant activities associated with their culture or to fulfil ceremonial obligations.

222The Auditor-General may approve additional leave for cultural or ceremonial purposes as miscellaneous leave, with or without pay.

223First Nations ceremonial Leave can be taken as part days.

224First Nations ceremonial leave is in addition to compassionate and bereavement leave.

Cultural leave

225The Auditor-General may grant up to 3 days of paid leave per calendar year for the purpose of attending significant religious or cultural obligations associated with the employees’ particular faith or culture.

226The Auditor-General may approve additional leave for cultural purposes as miscellaneous leave, with or without pay.

227Cultural leave can be taken as part days.

228For the avoidance of doubt, this leave does not cover cultural purposes or obligations which are eligible for paid leave under clause 221.

Parental leave

229A primary caregiver, secondary caregiver and ML Act is defined in the definitions section.

230An employee who is a primary caregiver or secondary caregiver is entitled to parental leave up until 24 months from the date of the child’s birth or placement (parental leave period). For the avoidance of doubt, this is inclusive of all legislated leave entitlements. The parental leave period does not extend non-ongoing employment where the employment period remaining is less than 24 months. An employee is only eligible for parental leave with pay as either a primary caregiver or a secondary caregiver for the particular parental leave period, and cannot switch roles for the purpose of accessing additional paid leave.

231For the pregnant employee, the parental leave period starts on commencement of maternity leave as per ML Act requirements and ceases 24 months from the date of birth. Medical certification requirements for the pregnant employee will be as required by the ML Act.

232Conditions in this agreement will continue to apply in circumstances where successor legislation to the ML Act does not provide parental leave conditions included in this agreement.

Payment during parental leave

233An employee is entitled to parental leave with pay as per clauses 235 and 236 below within the parental leave period. Any further parental leave during the parental leave period is without pay. Unused paid parental leave remaining at the end of the employee’s parental leave period will lapse. An employee may choose to use their accrued paid leave entitlements in accordance with usage and eligibility requirements in this agreement during the parental leave period that would otherwise be without pay.

234Employees newly engaged in the agency or who have moved to Australian National Audit Office from another APS agency are eligible for the paid parental leave in clauses 235 and 236 where such paid leave had not already been provided by another APS agency or Commonwealth employer in the 24 months since the child’s date of birth or placement. If the paid leave used by the employee with the previous Commonwealth employer or APS agency is less than the limits specified in clauses 235 and 236, the balance is available to the employee.

235An employee who is a primary caregiver is entitled to parental leave with pay during the parental leave period to a maximum of 18 weeks as provided in Table 3 below.

Table 3. Primary caregivers - circumstances for paid parental leave

Paid leave entitlement under the ML Act	Additional parental leave with pay under this agreement for the primary caregiver
12 weeks paid maternity leave, including any reduced paid maternity leave period due to ML Act qualifying period rules	Paid leave to bring the total period of paid parental leave to 18 weeks
No ML Act eligibility or coverage	18 weeks

236An employee who is a secondary caregiver is entitled to parental leave with pay during the parental leave period as provided in Table 4 below.

Table 4. Secondary caregivers - circumstances for paid parental leave

Period which coincides with the parental leave period for the secondary caregiver	Parental Leave with pay under this agreement
Date of commencement of this agreement to 28 February 2025	8 weeks, or top up to 8 weeks where a lesser period of parental leave has already been provided
1 March 2025 to 28 February 2026	11 weeks, or top up to 11 weeks where a lesser period of parental leave has already been provided
1 March 2026 to 27 February 2027	14 weeks, or top up to 14 weeks where a lesser period of parental leave has already been provided
On and from 28 February 2027	18 weeks, or top up to 18 weeks where a lesser period of parental leave has already been provided

237Flexibility: Parental leave with pay, whether provided as maternity leave under the ML Act or under this agreement, can be accessed flexibly during the parental leave period and does not have to be taken in a single block. For the avoidance of doubt, parental leave can be used to replicate a part-time work arrangement and can be taken concurrently with another parent in relation to the same child.

238Rate of payment: during paid parental leave is the same as for an absence on personal/carer’s leave and based on the employee’s weekly hours at the time of the absence.

239Half-pay option: The payment of any paid parental leave may be spread over a maximum period of 36 weeks at the rate of, no less than, half the normal rate of salary. All paid parental leave counts as service for all purposes, where permitted by legislation.

Adoption and long-term foster care

240An employee who is a primary caregiver or secondary caregiver is entitled to parental leave in accordance with this agreement for adoption or long-term foster care, provided that the child:

240.1is under 16 as at the day (or expected day) of placement;

240.2has not lived continuously with the employee for a period of six months or more as at the day (or expected day) of placement; and

240.3is not (otherwise than because of the adoption) a child of the employee or the employee’s spouse or de facto partner.

241Documentary evidence of approval for adoption or enduring parental responsibilities under formal fostering arrangements must be submitted when applying for parental leave for adoption or long-term foster carer purposes.

Stillbirth

242Parents of a stillborn child remain eligible for parental leave, except for paid leave for the secondary caregiver which is two weeks.

243A stillborn child is a child:

243.1who weighs at least 400 grams at delivery or whose period of gestation was 20 weeks or more; and

243.2who has not breathed since delivery; and

243.3whose heart has not beaten since delivery.

Pregnancy loss leave

244A pregnant employee who experiences, or an employee whose spouse or partner experiences, pregnancy loss is entitled to one weeks’ paid leave. Pregnancy loss is a miscarriage or other loss of pregnancy that occurs between 12 and 20 weeks’ gestation that is not a stillbirth.

245Pregnancy loss leave is in addition to entitlements to compassionate leave for miscarriage provided under the FW Act and this agreement.

Premature birth leave

246In circumstances of a live birth before 37 weeks’ gestation a pregnant employee, or an employee whose spouse or partner has given birth prematurely, is entitled to paid premature birth leave from the date of the child’s birth up to just before 37 weeks’ gestation. Parental leave with pay is then available from what would have been 37 weeks’ gestation in accordance with Parental leave in this agreement, noting the parental leave period commences on the child’s date of birth.

Transitional provisions

247Employees eligible for paid leave under the ML Act are required under legislation to use their paid maternity leave first. In this circumstance, the employee may postpone their paid premature birth leave otherwise payable under section 246 until after the legislated paid maternity leave is used.

Compassionate leave

248Employees will be eligible for 3 days paid compassionate leave on each occasion when:

248.1a member of their family (including a member of their household) or someone they have a close personal relationship with contracts, develops or sustains a life-threatening illness or injury; or

248.2the employee or their partner has a miscarriage.

249An employee may be asked to provide evidence to support their absences on compassionate leave.

250Compassionate leave for an occasion may be taken as 3 consecutive days or in separate periods totalling 3 days. This can include part days.

251For casual employees, compassionate leave is unpaid.

Bereavement leave

252Employees will be eligible for 3 days paid bereavement leave on each occasion when:

252.1a member of their family (including a member of their household) or someone they had a close personal relationship with dies; or

252.2a child is stillborn, where the child was a member of their family (including a member of their household).

253An employee may be asked to provide evidence to support their absences on bereavement leave.

254Bereavement leave for an occasion may be taken as 3 consecutive days or in separate periods totalling 3 days. This can include part days.

255For casual employees, bereavement leave is unpaid.

Emergency response leave

256In line with section 108 of the FW Act, an employee who engages in an eligible community service activity is entitled to emergency response leave to volunteer for emergency management duties for:

256.1the time engaged in the activity;

256.2reasonable travelling time; and

256.3reasonable recovery time.

257Full-time and part-time employees will be able to access 20 working days of paid emergency response leave at their full rate of pay per year if required. The Auditor-General may provide additional emergency response leave with pay.

257.1For the purposes of this clause, full pay rate of pay is to be as if the employee was at work.

258Paid leave may be refused where the employee’s role is essential to the Australian National Audit Office’s response to the emergency.

259An employee must provide evidence that the organisation requests their services. Employees can provide evidence before or as soon as practical after their emergency service activity.

260The Auditor-General may approve reasonable paid or unpaid leave for ceremonial duties and training.

261Emergency response leave, with or without pay, will count as service.

Jury duty

262Employees who are required by a court to attend either for jury selection, or to act as a juror, will be released from duty for the required period, without the need to apply for leave.

263Full and part-time employees will be released from duty on their full rate of pay. Payment for casuals will be as per the relevant state legislation.

263.1For the purposes of this clause, full rate of pay is to be as if the employee was at work.

264The employee is required to inform their manager before they are released from duty and provide evidence of the need to attend.

265If the employee receives a payment from the court for attendance (which are not expense related such as allowances and reimbursements), they must repay that amount to the Australian National Audit Office for the period of absence. This will be administered in accordance with the overpayments clause.

Defence reservist leave

266The Auditor-General will give an employee leave with or without pay to undertake:

266.1Australian Defence Force (ADF) Reserve and continuous full-time service (CFTS); and

266.2Australian Defence Force Cadet obligations.

267An employee who is a Defence Reservist can take leave with pay for:

267.1up to 4 weeks (20 days) in each financial year (pro-rata for part-time employees); and

267.2an extra 2 weeks (10 days) in the first year of ADF Reserve service (pro-rata for part-time employees).

268Leave can be built up and taken over 2 consecutive years. This includes the extra 2 weeks in the first year of service.

269An employee who is an Australian Defence Force Cadet officer or instructor can get paid leave up to 3 weeks in each financial year to perform their duties. Australian Defence Force Cadets means:

269.1Australian Navy Cadets;

269.2Australian Army Cadets; and

269.3Australian Air Force Cadets.

270In addition to the entitlement at clause 267, paid leave may be granted to an employee to attend an interview or medical examination in connection with the enlistment of the employee in a Reserve Force of the Defence Force.

271Paid defence reservist leave counts for service.

272Unpaid defence reservist leave for 6 months or less counts as service for all purposes. This includes periods of CFTS.

273Unpaid leave taken over 6 months counts as service, except for annual leave.

274An employee will not need to pay their tax free ADF Reserve salary to their agency for any reason.

Defence service sick leave

275An employee is eligible for defence service sick leave credits when the Department of Veterans Affairs (DVA) has certified that an employee’s medical condition is as a result of either:

275.1warlike service; or

275.2non-warlike service.

276An eligible employee can get 2 types of credits:

276.1an initial credit of 9 weeks (45 days) defence service sick leave will apply as of the later below option:

276.1.1they start employment with the APS; or

276.1.2DVA certifies the condition; and

276.2an annual credit of 3 weeks (15 days) defence service sick leave.

277An employee can use their defence service sick leave when a recognised medical practitioner provides a certificate that says they were away due to their DVA certified medical condition.

278Unused annual credits can be built up to 9 weeks.

279An employee cannot use annual credits until the initial credit is exhausted.

280Defence service sick leave is paid and counts as service for all purposes.

Leave to attend proceedings

281An employee giving evidence before a Court, Tribunal or Royal Commission on behalf of the Commonwealth or a Commonwealth party in the course of their duties, will be considered on duty.

282An employee who is not covered under clause 281, and is required to give evidence to, appear before or attend to instruct a representative at a Court, Tribunal or Royal Commission in relation to their duties will be released from duty without loss of pay. This includes in proceedings relating to a dispute between the employee and the Australian National Audit Office.

283An employee may otherwise be granted paid or unpaid miscellaneous leave by the Auditor-General if required to give evidence to a Court, Tribunal or Royal Commission for any other reason. Where approval for unpaid leave is given, the employee may elect to use accrued annual leave, flex leave or time off in lieu.

284The Auditor-General may refuse to release an employee from duty having regard to business requirements and whether the employee’s attendance is necessary for the Court, Tribunal or Royal Commission hearing.

Absent from duty

285Where an employee is absent from duty without proper approval, all pay and other benefits under this agreement will cease to be available until they resume duty or approved leave is granted.

Section 7: Employee support and workplace culture

Blood donation

286An employee can take reasonable time away from duty during their ordinary work hours to donate blood, plasma or platelets. It includes reasonable travel time and employers will consider employees on duty.

287The employee must inform their manager in advance of when they will be away from work before donating blood, plasma or platelets.

Vaccinations

288The Australian National Audit Office will offer annual influenza vaccinations at no cost to all employees.

289Where the Australian National Audit Office requires an employee performing a role to be vaccinated for a particular condition, this vaccination will be offered at no expense to the employee.

Health assessment

290The Australian National Audit Office will provide access to a voluntary annual health assessment at no expense to employees.

Employee Assistance Program

291Employees, their partners, and their dependants/children will have access to a confidential, professional counselling service to assist employees to manage personal and work issues. This service will be provided at no expense to employees by the Australian National Audit Office and will be accessible on paid time.

Respect at work

Principles

292The Australian National Audit Office values a safe, respectful and inclusive workplace free from physical and psychological harm, harassment, discrimination and bullying. The Australian National Audit Office recognises that preventing sexual harassment, sex discrimination, sex-based harassment and victimisation in the workplace is a priority.

293The Australian National Audit Office recognises that approaches to prevent sexual harassment, sex discrimination, sex-based harassment and victimisation in the workplace should be holistic and consistent with the Australian Human Rights Commission’s guidance, including the Good Practice Indicators Framework for Preventing and Responding to Workplace Sexual Harassment.

Consultation

294The agency will consult with employees and their unions in developing, reviewing and evaluating approaches to prevent sexual harassment, sex discrimination, sex-based harassment and victimisation in the workplace.

Family and domestic violence support

295The Australian National Audit Office will provide support for employees affected by family and domestic violence, depending on the employee’s circumstances.

296The Australian National Audit Office recognises that a holistic approach should be taken to support the employee, appropriate for the employee’s individual circumstances.

297Family and domestic violence support, including paid leave, are available to all employees covered by this agreement.

298An employee experiencing family and domestic violence is able to access paid miscellaneous leave. Reasons an employee experiencing family and domestic violence may access this leave include, but are not limited to:

298.1illness or injury affecting the employee resulting from family and domestic violence;

298.2providing care or support to a family member (including a household member) who is also experiencing family and domestic violence, and is ill or injured as a result of family and domestic violence;

298.3providing care or support to a family member (including a household member) who is also experiencing family and domestic violence, and is affected by an unexpected emergency as a result of family and domestic violence;

298.4making arrangements for the employee’s safety, or the safety of a close relative;

298.5accessing alternative accommodation;

298.6accessing police services;

298.7attending court hearings;

298.8attending counselling; and

298.9attending appointments with medical, financial or legal professionals.

299This entitlement exists in addition to an employee’s existing leave entitlements and may be taken as consecutive days, single days or part days and will count as service for all purposes.

300Given the emergency context in which leave may need to be accessed, employees can proceed to take the leave and seek approval at a later date, as soon as practicable.

301These family and domestic violence support clauses do not reduce an employee’s entitlement to family and domestic violence leave under the NES.

302Paid miscellaneous leave available under this clause is paid for ongoing and non-ongoing employees at their full rate as if they were at work.

303Paid leave for casual employees under this clause is paid at their full pay rate for the hours they were rostered to work in the period they took leave.

304Evidence may be requested to support the Australian National Audit Office in approving leave. In most cases, this will not be required. Where it is required, this will be discussed with the employee and a statutory declaration is the only form of evidence the Australian National Audit Office will require, unless the employee chooses to provide another form of evidence.

305An employee may also choose to provide other forms of evidence, including a medical certificate, or document issued by the police service, a court, a doctor, a district nurse, a family violence support service, or a lawyer.

306The Australian National Audit Office will take all reasonable measures to treat information relating to family and domestic violence confidentially. The Australian National Audit Office will adopt a ‘needs to know’ approach regarding communication of an employee’s experience of family and domestic violence, subject to steps the Australian National Audit Office may need to take to ensure the safety of the employee, other employees or persons, or mandatory reporting requirements.

307Where the Australian National Audit Office needs to disclose confidential information for purposes identified in clause 306, where it is possible the Australian National Audit Office will seek the employee’s consent and take practical steps to minimise any associated safety risks for the employee and/or privacy breaches.

308The Australian National Audit Office will not store or include information on the employee’s payslip in relation to the employee’s experience of family and domestic violence; any leave accessed for the purposes of family and domestic violence; or support(s) provided by the employer, unless otherwise required by legislation.

309Other available support may include, but is not limited to, flexible working arrangements, additional access to EAP, changes to their span of hours or pattern of hours and/or shift patterns and/or location of work where reasonably practicable.

310The Australian National Audit Office will acknowledge and take into account an employee’s experience of family and domestic violence if an employee’s attendance or performance at work is affected.

311Further information about leave and other support available to employees affected by family and domestic violence may be found in policy.

Integrity in the APS

312The Australian National Audit Office understands that procedural fairness is essential in building and maintaining trust with APS employees, and that it requires fair and impartial processes for employees affected by APS-wide or Australian National Audit Office decisions.

313Employees are to give advice that is frank, honest, timely and based on the best available evidence. This includes scientific and engineering advice based on evidence-based facts guided by the best available science and data. Employees will not be disadvantaged or discriminated against because they have given advice in accordance with their expertise or professional qualifications and in accordance with the APS Code of Conduct in the PS Act.

314Employees can, during their ordinary work hours, take time to:

314.1access an APS-wide ethics advisory service or another similar service provided by a professional association such as a law society or in the agency; and

314.2attend Australian National Audit Office mandated training about integrity.

First Nations cultural competency training

315The Auditor-General will take reasonable steps to ensure all substantive, ongoing EL2 employees employed at the commencement of this agreement or any new substantive, ongoing EL2 employees who commence within the first 6 months of this agreement will complete relevant First Nations cultural competency training within 12 months of the commencement of the agreement.

316Any new substantive, ongoing EL2 employee who commences after 6 months of the commencement of this agreement will be required to complete a relevant First Nations cultural competency training course within 6 months of their engagement or promotion.

Lactation and breastfeeding support

317Reasonable paid time during work hours will be provided for lactation breaks for breastfeeding, expressing milk and other associated activities.

318The Australian National Audit Office will provide access to appropriate facilities for the purpose of breastfeeding or expressing milk, subject to clause 319. In considering whether a space is appropriate, an agency should consider whether:

318.1there is access to refrigeration;

318.2the space is lockable; and

318.3there are facilities needed for expressing, such as appropriate seating.

319Where it is not practicable for an Australian National Audit Office site to have a designated space, a flexible approach will be taken so that the employee can access the support required.

320The Australian National Audit Office will facilitate discussion between individual employees and their managers about accommodating the employee’s lactation needs and practical arrangements to meet these needs.

321The manager and employee shall discuss any flexible working arrangements that may be needed to support lactation. This may include consideration of arrangements such as working from home and/or remote working or varying work hours on an ad-hoc or regular basis. Wherever possible, requests by an employee will be accommodated, noting these needs may be changed over time.

322Further information is available in policy.

Disaster support

323Where an official disaster or emergency is declared and this prevents an employee from reasonably attending work, or where it impacts their household or home, the Auditor-General will consider flexible working arrangements to assist the employee to perform their work.

324Where flexible working arrangements are not appropriate, the Auditor-General may grant paid miscellaneous leave to an employee with regard to the scale and nature of the emergency. This leave counts as service and may be approved retrospectively.

325In considering what period of leave is appropriate, the Auditor-General will take into account the safety of the employee, their family (including their household) and advice from local, State and Commonwealth authorities.

Loss or damage to clothing and personal effects

326The Auditor-General may authorise reasonable reimbursement to employees who, in the normal course of their work, sustain specific loss or damage to clothing or personal effects.

Section 8: Performance and development

Performance management

327All Australian National Audit Office employees, other than graduate recruits and casual employees, who are employed in accordance with the agreement, are required to participate in the Performance and Career Development Program.

Workloads

328The Australian National Audit Office recognises the importance of employees balancing their work and personal life. While it is acknowledged that at times it may be necessary for some extra hours being worked by some employees, this should be regarded as the exception rather than the rule.

329When determining workloads for an employee or group of employees, the Australian National Audit Office will consider the need for employees to strike a balance between their work and personal life.

330Where an employee or group of employees raise that they have experienced significant workload pressures over a prolonged period of time, the Australian National Audit Office and employee/s must together review the employees’ workloads and priorities and determine appropriate strategies to manage the impact on the employee or group of employees.

Study assistance

331Employees undertaking approved study may be reimbursed expenses.

Professional qualifications

332Employees are eligible for an annual payment or reimbursement of professional fees.

Section 9: Travel and location-based conditions

Travel

333Employees undertaking work away from the office involving an overnight absence are entitled to be compensated for any reasonable expenses fairly incurred while on official travel. Employees undertaking international travel will use their Australian National Audit Office issued corporate credit card to pay for all expenses fairly incurred during the travel period.

334Where an employee is required to travel interstate for official purposes which do not involve an overnight absence, a part-day travel allowance is also payable in accordance with the Australian National Audit Office Financial Management Procedures.

335The employment conditions for an employee deployed overseas on an aid program funded by the relevant agency (currently the Department of Foreign Affairs and Trade), will be consistent with the prevailing whole of government overseas travel conditions.

Relocation assistance

336Where an APS employee is required to relocate at the request of the Australian National Audit Office (such as a promotion), the employee will be provided with financial relocation assistance. Employees who relocate on a temporary basis to take up higher duties are entitled to removal expenses if they relocate for a period of 13 weeks or more.

337Where an employee is required to relocate on engagement with the Australian National Audit Office, the employee will be provided with financial relocation assistance.

338Reasonable expenses associated with the relocation include:

338.1the cost of transport of the employee, their dependents and partner by the most economical means;

338.2removal expenses, namely the reimbursement of reasonable incurred costs of the removal of furniture and household effects of the employee, dependants and partner;

338.3the reimbursement of the cost of the insurance premium based on a reasonable replacement value; and

338.4the reasonably incurred expenses in kennelling and transport of pets, up to the amount specified in the APS Award.

339Additional relocation assistance may be considered by Auditor-General discretion.

Section 10: Consultation, representation and dispute resolution

Consultation

Principles

340Genuine and effective consultation with employees and the relevant union(s), taking into account the diverse needs of employees, fosters a positive and inclusive workplace, enabling the views of employees to be considered.

341The Australian National Audit Office recognises:

341.1the importance of inclusive and respectful consultative arrangements;

341.2employees and the relevant union(s) should have a genuine opportunity to influence decisions;

341.3the nature and extent of consultation will vary depending on the proposed change and the likely impact on employees. Consultation on agency policies may occur over at least 2 weeks, whereas a major change is likely to require a more extensive consultation process;

341.4consultation with employees and relevant unions(s) on workplace matters that significantly affect or materially impact them is sound management practice; and

341.5the benefits of employee and union involvement and the right of employees to be represented by their union.

342Genuine and effective consultation involves:

342.1providing employees and the relevant union(s) with a genuine opportunity to influence the decision prior to a decision being made;

342.2providing all relevant information to employees and the relevant union(s) in a timely manner to support consideration of the issues;

342.3considering feedback from employees and the relevant union(s) in the decision-making process; and

342.4advising employees and the relevant union(s) of the outcome of the process, including how their feedback was considered in the decision-making process.

When consultation is required

343Consultation is required in relation to:

343.1changes to work practices which materially alter how an employee carries out their work;

343.2changes to or the introduction of policies or guidelines relevant to workplace matters (unless the changes are minor or procedural);

343.3major change that is likely to have a significant effect on employees;

343.4implementation of decisions that significantly affect employees;

343.5changes to employees’ regular roster or ordinary hours of work (subject to any other relevant provisions in this agreement); and

343.6other workplace matters that are likely to significantly or materially impact employees.

344The Australian National Audit Office, employees and the relevant union(s) recognise that consultation prior to a decision may not be practicable where a decision is made by Government or is required due to matters beyond the reasonable control of the agency. In these circumstances, consultation regarding the implementation of the decision will occur as early as is reasonably practicable.

Provisions for consultation on major change and introduction of a change to regular roster or ordinary hours of work of employees

345This clause applies if the Australian National Audit Office:

345.1proposes 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

345.2proposes to introduce a change to the regular roster or ordinary hours of work of employees.

Representation

346Employees may appoint a representative for the purposes of the procedures in this clause. A representative for the purpose of this clause may be a union representative.

347The Australian National Audit Office must recognise the representative if:

347.1a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and

347.2the employee or employees advise the employer of the identity of the representative.

Major change

348In this clause, a major change is likely to have a significant effect on employees if it results in, for example:

348.1the termination of the employment of employees; or

348.2major change to the composition, operation or size of the employer’s workforce or to the skills required of employees; or

348.3the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or

348.4the alteration of hours of work; or

348.5the need to retrain employees; or

348.6the need to relocate employees to another workplace; or

348.7the restructuring of jobs.

349The following additional consultation requirements in clause 350 to 356 apply to a proposal to introduce a major change referred to in clause 343.3.

350Consultation with employees and the relevant union(s) and/or recognised representatives will occur prior to a decision being made, subject to clause 344.

351Where practicable, an Australian National Audit Office change manager or a primary point of contact will be appointed, and their details provided to employees and the relevant union(s) and/or their recognised representatives.

352The Australian National Audit Office must notify employees and relevant union(s) and/or recognised representatives of the proposal to introduce the major change as soon as practicable.

353As soon as practicable after proposing the change, or notifying of the change in circumstances described at clause 344, the Australian National Audit Office must:

353.1discuss with affected employees and relevant union(s) and/or other recognised representatives:

353.1.1the proposed change:

353.1.1.1the effect the proposed change is likely to have on the employees; and

353.1.1.2proposed measures to avert or mitigate the adverse effect of the proposed change on the employees; and

353.1.2for the purposes of the discussion – provide, in writing, to employees and the relevant union(s) and/or other recognised representatives:

353.1.2.1all relevant information about the proposed change, including the nature of the change proposed; and

353.1.2.2information about the expected effects of the proposed change on the employees; and

353.1.2.3any other matters likely to affect the employees.

354The Australian National Audit Office must give prompt and genuine consideration to matters raised about the major change by employees and the relevant union(s) and/or other recognised representatives.

355However, the Australian National Audit Office is not required to disclose confidential or commercially sensitive information to employees and the relevant union(s) and/or other recognised representatives.

356If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Australian National Audit Office, the requirements set out in clauses 350 to 354 are taken not to apply.

Change to regular roster or ordinary hours of work

357The following additional consultation requirements in clause 358 to 360 apply to a proposal to introduce a change referred to in clause 343.5.

358The Australian National Audit Office must notify affected employees and the relevant union(s) and/or other recognised representatives of the proposed change.

359As soon as practicable after proposing to introduce the change, the Australian National Audit Office must:

359.1discuss with employees and the relevant union(s) and/or other recognised representatives:

359.2the proposed introduction of the change; and

359.3for the purposes of the discussion – provide to the employees and relevant union(s) and/or other recognised representatives:

359.3.1all relevant information about the proposed change, including the nature of the proposed change; and

359.3.2information about what the employer reasonably believes will be the effects of the proposed change on the employees; and

359.3.3information about any other matters that the employer reasonably believes are likely to affect the employees; and

359.4invite employees and the relevant union(s) and/or other recognised representatives to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). However, the Australian National Audit Office is not required to disclose confidential or commercially sensitive information to the relevant employees and the relevant union(s) and/or other recognised representatives.

360The Auditor-General must give prompt and genuine consideration to matters raised about the proposed change by the employees and the relevant union(s) and/or other recognised representatives.

Interaction with emergency management activities

361Nothing in this term restricts or limits the ability of a designated emergency management body to undertake activities provided at section 195A(1) of the FW Act.

Agency consultative committee

362The Auditor-General may establish an agency consultative committee to discuss relevant workplace matters.

363Australian National Audit Office consultative committees will operate subject to an agreed terms of reference and structure for the term of the agreement. Representation on the committee will be in accordance with the terms of reference.

APS consultative committee

364The Auditor-General will support the operation of the APS consultative committee to the extent possible. This includes providing information requested by the Australian Public Service Commission to support the operation of the APS consultative committee, subject to legislative requirements.

Dispute resolution

365If a dispute relates to:

365.1a matter arising under the agreement; or

365.2the National Employment Standards;

this term sets out procedures to settle the dispute.

366An employee or union who is covered by this agreement may initiate and/or be a party to a dispute under this term.

367An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. Representatives will be recognised and dealt with in good faith.

368Parties to the dispute must attempt to resolve the dispute at the workplace level, by discussion between the employee or employees and relevant managers. Parties to the dispute will notify higher level managers to assist in the resolution of the dispute. Parties will give genuine consideration to proposals to resolve the dispute.

369If a dispute about a matter arising under this agreement is unable to be resolved at the workplace level, and all appropriate steps under clause 368 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

370The Fair Work Commission may deal with the dispute in 2 stages:

370.1the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and

370.2if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then:

370.2.1arbitrate the dispute; and

370.2.2make a determination that is binding on the parties.

Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that the Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision.

371While the parties are attempting to resolve the dispute using the procedures in this term:

371.1an employee must continue to perform their work as they would normally in accordance with established custom and practice at the Australian National Audit Office that existed immediately prior to the dispute arising unless they have a reasonable concern about an imminent risk to their health or safety; and

371.2subject to 371.1, an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:

371.2.1the work is not safe; or

371.2.2applicable work health and safety legislation would not permit the work to be performed; or

371.2.3the work is not appropriate for the employee to perform; or

371.2.4there are other reasonable grounds for the employee to refuse to comply with the direction.

372The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.

373Any disputes arising under the Australian National Audit Office Enterprise Agreement 2016 - 2019 or the National Employment Standards that were formally notified under clause 8 of that agreement before the commencement of this agreement, which remain unresolved at the date of commencement of this agreement, will be progressed under the dispute resolution procedures in this agreement.

Leave of absence to attend proceedings

374Where the provisions of clauses 365 to 370 have been complied with, and to assist in the resolution of the matter, the employee, and/or the union delegate or other employee representative referred to in clause 366, or employee required to provide evidence, will be granted paid time to attend dispute resolution processes and proceedings in the Fair Work Commission arising from referral of the matter in clause 369.

Delegates’ rights

375Union delegates play an important and legitimate role in the workplace. This includes representing their members and supporting employee access to union officials and providing employee views to the agency.

376The role of union delegates is to be respected and supported.

377The Australian National Audit Office and union delegates will work together respectfully and collaboratively.

Supporting the role of union delegates

378The Australian National Audit Office respects the role of union delegates to:

378.1provide information, consult with and seek feedback from employees in the workplace on workplace matters;

378.2consult with other delegates and union officials, and get advice and assistance from union officials;

378.3represent the interests of members to the employer and industrial tribunals; and

378.4represent members at relevant union forums, consultative committees or bargaining.

379The Australian National Audit Office and union delegates recognise that undertaking the role of a union delegate is not the primary purpose of an employee’s engagement and must work with and not unreasonably impact their regular duties. Honorary officials may request additional time and facilities from time to time.

380Union delegates will be provided with reasonable paid time during their normal working hours to perform their union delegate role. The paid time provided should not result in disruption to critical services or operational requirements.

381To support the role of union delegates, the Australian National Audit Office will, subject to legislative and operational requirements, including privacy and security requirements:

381.1provide union delegates with reasonable access to agency facilities and resources, including for paid or unpaid meetings between employees and their unions and to communicate with union officials;

381.2advise union delegates and other union officials of the agency facilities and resources available for their use, which may include telephone, photocopying, internet, and email;

381.3allow reasonable official union communication appropriate to the agency from union delegates with employees, including through email, intranet pages and notice boards. This may include providing a link to a union website for employees to access union information. Any assistance in facilitating email communications does not include an agency vetoing reasonable communications;

381.4provide access to new employees as part of induction; and

381.5provide reasonable access to union delegates to attend appropriate paid time training in workplace relations matters, during normal working hours.

382Where APS employees are elected as officials of a trade union or professional association, they are not required to seek permission from the workplace or Australian National Audit Office before speaking publicly in that capacity, subject to the APS Code of Conduct and legislative requirements.

Section 11: Separation and retention

Resignation

383An employee may resign from their employment by giving the Auditor-General at least 14 calendar days’ notice.

384At the instigation of the Auditor-General, 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.

385The Auditor-General has the discretion to agree to a shorter period of notice or waive the requirement to give notice.

Payment on death of an employee

386When an employee dies, or the Auditor-General has directed that an employee is presumed to have died on a particular date, subject to any legal requirements, the Auditor-General 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.

Redeployment, retraining, redundancy

387Where it has been determined that there are more employees than necessary to perform the work required, those employees who are excess to organisational requirements are entitled to the benefits set out in this Agreement.

Coverage

388The following provisions will apply to all Australian National Audit Office employees, with the exception of:

388.1ongoing employees on probation, and

388.2non-ongoing employees.

Definition of excess employee

389An employee is an excess employee if:

389.1they are included in a class of employees employed in the Australian National Audit Office, which comprises a greater number of employees than is necessary for the efficient and economical working of the Australian National Audit Office; or

389.2the services of the employee cannot be effectively used because of technological or other changes in the methods, or changes in the nature, extent or organisation of the functions of the Australian National Audit Office; or

389.3the duties usually performed by the employee are to be performed at a different locality, and the employee is not willing to perform duties at the locality and the Auditor-General or delegate has determined that these provisions will apply to that employee.

Consultation with potentially excess employees

390When the Auditor-General is aware that an employee is likely to become excess, the Auditor-General will advise the employee.

391Assistance or guidance for staff member - where the employee nominates a representative for assistance or guidance, the Auditor-General or delegate will hold discussions with the representative.

392The Auditor-General or delegate will hold discussions with the employee to advise them of the reasons they may become excess and to consider:

392.1measures that could be taken to resolve the situation including redeployment opportunities for the employee at or below level including through any APS-wide deployment mechanism which might exist at the time;

392.2referral to a service provider approved by the Auditor-General to provide career planning and other appropriate assistance; and

392.3whether Voluntary Retrenchment might be appropriate.

393The Auditor-General may, prior to the conclusion of these discussions, invite an employee who is not a potentially excess employee to express interest in Voluntary Retrenchment, where the retrenchment of that employee would permit the redeployment of an employee who is potentially excess.

Declaring an employee excess

394At least four weeks after advising the employee in accordance with section 390 that they are likely to become excess, the Auditor-General may advise the employee in writing that they are an excess employee. The employee and the Auditor-General may agree to a shorter period.

Voluntary Retrenchment

395Where an employee is advised that they are an excess employee in accordance with section 394, the Auditor-General may invite the excess employee to accept Voluntary Retrenchment.

396Where the Auditor-General invites an excess employee to accept voluntary retrenchment, the employee will have 4 weeks in which to accept the offer. Where the offer is accepted, the Auditor-General will not give notice of termination under section 29 of the Public Service Act 1999 on the grounds that the employee is excess to the requirements of the Australian National Audit Office, before the end of that period without consulting the employee.

397A staff member invited to accept voluntary retrenchment will, within the one month period as per section 396, be given information on the:

397.1amount of severance pay, pay in lieu of notice and paid leave credits;

397.2superannuation benefits and entitlements;

397.3taxation rules applying to the various payments; and

397.4availability of assistance up to a maximum amount of $900, for financial advice and career planning.

398Only one offer of voluntary retrenchment will be made to an excess employee.

Period of Notice

399Where an excess employee accepts voluntary retrenchment, the Auditor-General may retrench the employee by giving the required notice of termination under section 29 (3) (a) of the Public Service Act. The period of notice will be 4 weeks (or 5 weeks in the case of an employee over 45 years of age and with at least 5 years continuous service).

400Where an employee is terminated at the beginning of, or within, the notice period, the employee will receive payment in lieu of notice as set out in the FWA for the unexpired portion of the notice period.

Severance Benefit

401An employee whose employment is terminated under section 29 (3) (a) of the Public Service Act following their agreement to be voluntarily retrenched is entitled to be paid a severance benefit of an amount equal to 2 weeks salary for each completed year of continuous service, plus a pro-rata payment for completed months of service since the last completed year of service, subject to any minimum amount the employee is entitled to under the National Employment Standards (NES).

402The minimum sum payable will be 4 weeks salary and the maximum will be 48 weeks salary. The severance benefit will be calculated on a pro rata basis for any period where an employee has worked part-time hours during his or her period of service and the employee has less than 24 years of full-time service, subject to any minimum amount the employee is entitled to under the NES.

403Service for severance pay purposes means:

403.1service in the Australian National Audit Office;

403.2Government service as defined in Section 10 of the Long Service Leave (Commonwealth Employees) Act 1976;

403.3service with a Commonwealth body (other than service with a Joint Commonwealth-State body corporate) in which the Commonwealth has a controlling interest which is recognised for long service leave purposes;

403.4service with the Australian Defence Forces;

403.5APS service immediately preceding deemed resignation under the repealed section 49 of the Public Service Act if the service has not previously been recognised for severance pay purposes; and

403.6service in another organisation where a staff member was transferred from the APS to that organisation with a transfer of function; or a staff member engaged by that organisation on work within a function, is appointed as a result of the transfer of that function to the APS, and such service is recognised for long service leave purposes.

Rate of Payment

404Salary for making any payment under section 400 will include:

404.1the employee’s salary at their substantive work value level; or

404.2a higher salary, where the employee has been in receipt of the higher salary for a continuous period of at least 12 months immediately prior to the date on which the employee is given notice of termination; and

404.3other allowances in the nature of salary which are paid on a regular basis, excluding allowances which are a reimbursement for expenses incurred, or a payment for disabilities associated with the performance of duty.

Accelerated Separation Option and Additional Payment

405Where the Auditor-General invites an excess employee to accept a Voluntary Retrenchment, the Auditor-General may also invite the excess employee to accept an accelerated separation option. This option provides, in addition to the severance benefit, a payment of a maximum of four weeks’ salary in lieu of the consideration period referred to in section 406, where the excess employee agrees to termination of employment and the employment is so terminated within 14 days of receiving an offer of Voluntary Retrenchment. Any payment to which the employee is entitled will be equal to the balance of the four week period referred to in section 406.

Retention Period

406An excess employee will be entitled to the following retention period:

406.113 months where the employee has 20 or more years of service or is over 45 years of age; or

406.27 months for other employees.

407If an employee is entitled to a redundancy payment in accordance with the NES, the relevant period in section 406 will be reduced by the number of weeks redundancy pay that the employee will be entitled to under the NES on termination, as at the expiration of the retention period (as adjusted by this clause).

408The retention period will commence on the day the employee is advised in writing by the Auditor-General, in accordance with section 406, that they are an excess employee.

409The retention period will be extended by any periods of certified personal leave, taken for the purposes of personal illness or injury during the retention period.

410The Auditor-General may, in consultation with the employee, terminate the employment of the employee under section 29 of the Public Service Act where:

410.1an excess employee has been receiving redeployment assistance from a service provider for two months; and

410.2the service provider advises that there is no reasonable prospect of redeployment in the APS; and

410.3the Auditor-General is satisfied that there is insufficient productive work available for the employee within the Australian National Audit Office during the remainder of their retention period.

411Upon termination, the employee will be paid a lump sum comprising the balance of the retention period (as shortened for the NES under section 408) and this payment will be taken to include the payment in lieu of notice of termination of employment, plus the employee’s NES entitlement to redundancy pay.

Redeployment

412Where an excess employee does not accept an offer of Voluntary Retrenchment or the accelerated separation option within four weeks of the offer being made, the redeployment arrangements of this Agreement will apply.

413An excess employee will have access to the APS-wide redeployment mechanisms.

414An excess employee will be entitled to a period of retention in which they will have access to the services of a provider approved by the Auditor-General in order to assist them to be redeployed. The employee is also entitled to funding for financial advice to the value of $900 less any amount already paid in accordance with section 398.4.

415During the retention period, the Auditor-General will continue to take reasonable steps to find alternative suitable employment for the excess staff member and/or may, with 4 weeks’ notice, reduce the excess employee’s classification or salary level as a means of securing alternative employment for the excess employee.

416An employee reduced in classification or salary level before the end of their retention period will be entitled to income maintenance to maintain their salary at their preceding level for the balance of the retention period.

417An excess staff member may request assistance in meeting reasonable travel and incidental expenses incurred in seeking alternative employment, where costs are not met by the prospective employer.

418If, as a result of transfer or reduction in classification or salary level, an excess staff member is required to move to a different Australian National Audit Office locality, the staff member will be entitled to reasonable relocation expenses.

Involuntary Retrenchment

419The Auditor-General may terminate on an involuntary basis an excess employee under section 29 of the Public Service Act.

420The excess employee will not be terminated involuntarily if they have not been invited to accept an offer of voluntary redundancy or they have elected to be retrenched but the Auditor-General has refused to approve it.

Termination of Employment

421Where procedures outlined in this agreement lead to termination of employment on any of the allowable grounds under section 29 of the Public Service Act 1999, those procedures must be followed before an ongoing employee’s employment is terminated. Non-ongoing employees may be terminated at any time on the grounds set out in their contract of engagement.

422The sole and exhaustive rights and remedies of an employee in relation to termination of employment are those available to the employee under:

422.1Part 3 of the FW Act;

422.2other Commonwealth laws (including the Constitution); and

422.3at common law.

423Termination of employment, or a decision to terminate, cannot be reviewed under the dispute prevention and settlement procedures set out in clauses 365 to 373 of this Agreement.

424Nothing in this agreement prevents the Auditor-General from terminating the employment of an employee for serious misconduct, subject to compliance with the procedures established by the Auditor-General for determining whether an employee has breached the Code of Conduct under section 15 of the Public Service Act 1999.

Attachment A – Base salaries

Table 5. Executive level salaries

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Classification	Salary levels	As at 31 August 2023	From the later of commencement of the agreement or 14 March 2024	From 13 March 2025	From 12 March 2026
EL2	2.7	$165,222	$171,831	$178,361	$184,425
	2.6	$159,749	$166,139	$172,452	$178,315
	2.5	$154,276	$160,447	$166,544	$172,206
	2.4	$148,804	$154,756	$160,637	$166,099
	2.3	$143,332	$149,065	$154,729	$159,990
	2.2	$137,858	$143,372	$148,820	$153,880
	2.1	$132,387	$137,682	$142,914	$147,773
EL1	1.4	$129,915	$135,112	$140,246	$145,014
	1.3	$125,038	$130,040	$134,982	$139,571
	1.2	$120,161	$124,967	$129,716	$134,126
	1.1	$115,286	$119,897	$124,453	$128,684

Table 6. APS level salaries

	Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
	Classification	Salary levels	As at 31 August 2023	From the later of commencement of the agreement or 14 March 2024	From 13 March 2025	From 12 March 2026
	APS 6	6.4	$107,965	$112,284	$116,551	$120,514
		6.3	$103,197	$107,325	$111,403	$115,191
		6.2	$98,566	$102,509	$106,404	$110,022
		6.1	$93,935	$97,692	$101,404	$104,852
Broadband 2	APS 5	5.4	$92,392	$96,088	$99,739	$103,130
		5.3	$89,808	$93,400	$96,949	$100,245
		5.2	$87,297	$90,789	$94,239	$97,443
		5.1	$84,788	$88,180	$91,531	$94,643
	APS 4	4.3	$81,131	$84,376	$87,582	$90,560
		4.2	$77,477	$80,576	$83,638	$86,482
		4.1	$73,819	$76,772	$79,689	$82,398
Broadband 1	APS 3	3.3	$73,437	$76,374	$79,276	$81,971
		3.2	$70,672	$73,499	$76,292	$78,886
		3.1	$67,905	$70,621	$73,305	$75,797
	APS 2	2.5	$67,904	$70,620	$73,304	$75,796
		2.4	$66,524	$69,185	$71,814	$74,256
		2.3	$65,141	$67,747	$70,321	$72,712
		2.2	$63,758	$66,308	$68,828	$71,168
		2.1	$62,376	$64,871	$67,336	$69,625
	APS 1	1.5	$62,375	$64,870	$67,335	$69,624
		1.4	$59,608	$61,992	$64,348	$66,536
		1.3	$56,844	$59,118	$61,364	$63,450
		1.2	$54,076	$56,239	$58,376	$60,361
		1.1	$51,312	$53,364	$55,392	$57,497

Table 7. Graduate Broadband

	Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
	Classification	Salary levels	As at 31 August 2023	From the later of commencement of the agreement or 14 March 2024	From 13 March 2025	From 12 March 2026
Graduate Broadband	APS 4	4.3	$81,131	$84,376	$87,582	$90,560
		4.2	$77,477	$80,576	$83,638	$86,482
		4.1	$73,819	$76,772	$79,689	$82,398
	APS 3	3.3	$73,437	$76,374	$79,276	$81,971
		3.2	$70,672	$73,499	$76,292	$78,886
		3.1	$67,905	$70,621	$73,305	$75,797

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