1
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Australian Broadcasting Corporation
(AG2023/1284)
ABC ENTERPRISE AGREEMENT 2022-2025
Broadcasting and recorded entertainment industry
COMMISSIONER MATHESON SYDNEY, 17 AUGUST 2023
Application for approval of the ABC Enterprise Agreement 2022-2025
[1] An application has been made for approval of an enterprise agreement known as the
ABC Enterprise Agreement 2022 –2025 (Agreement). The application was made by the
Australian Broadcasting Corporation (Applicant) pursuant to s.185 of the Fair Work Act 2009
(Cth) (Act). The Agreement is a single enterprise agreement.
[2] Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement.
The notification time for the Agreement was a date prior to 6 June 2023. In these circumstances,
and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act
2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite
the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the
Act continues to apply as if the amendments had not been made. The application has been
assessed on this basis, taking into account the provisions of Part 2-4 of the Act in relation to
genuine agreement in force immediately prior to 6 June 2023.
[3] Further, the Agreement was made prior to 6 June 2023. The effect of clause 67 of Part
13 of Schedule 1 of the Act is that the amendments made by Part 16 of Schedule 1 to the
Amending Act in relation to the better off overall test do not apply to the agreement.
[4] There were two union bargaining representatives for the Agreement, being the Media,
Entertainment and Arts Alliance (MEAA) and the Community and Public Sector Union
(CPSU). There were three other employee bargaining representatives. The MEAA filed a ‘Form
F18 – Declaration of employee organisation in relation to an application for approval of an
enterprise agreement (other than a greenfields agreement)’ in which it indicated it supported
the approval of the Agreement and did not wish to advise the Commission that it disagreed with
any statement in the employer’s declaration relating to the Agreement. The CPSU also filed a
Form F18 (Form F18) indicating that while supportive of the Agreement’s approval, it had
concerns that the Agreement may result in employees not being better off overall when
compared to the Australian Broadcasting Corporation Enterprise Award 2016 (Award).
[2023] FWCA 2591
DECISION
FairWork
Commission
* AUSTRALIA FairWork Commission
[2023] FWCA 2591
2
[5] It is not in dispute that the Award is the relevant award for the purpose of the application
of the better off overall test as set out in s.193 of the Act (BOOT). The Commission also raised
concerns in relation to the BOOT.
[6] Apart from the BOOT concerns raised by the CPSU and the residual BOOT concerns
of the Commission which are dealt with below, I am satisfied, on the basis of the material before
the Commission, that the approval requirements in ss.186 and 187 as relevant to the application
are met.
The concern regarding ‘Rate B’ arrangements
[7] Question 10 of the Form F17 asks ‘Does the agreement contain any terms or conditions
of employment that are more beneficial than equivalent terms and conditions in the modern
award(s) listed in your answer to question 8?’. The answer provided in the Form 17 is ‘yes’ as
indicated in Annexures A and B to the Form F17. Annexure B to the Form F17 is a document
entitled ‘BOOT analysis – ABC Enterprise Agreement 2022 – 2025’.
[8] At Annexure B to the Form F17, the Applicant indicates that clause 21.5 of the
Agreement dealing with ‘excluded employees’ is, compared to clause 21.2(c) of the Award and
for the purposes of the BOOT:
‘More beneficial for employees earning between $134,526 and $197,348 as automatic
exemption only applies when earning the higher salary.’
‘More beneficial for those who are “Rate B” employees because such employees receive
at least 25% more than the annual minimum salary for the employee’s pay point under
Schedule A or B of the EA. The 25% difference between the employee’s rate of pay and
their base salary as stated in the contract of employment means that the employee is
better off than under the Award because:
o the minimum annual salary under the EA is higher than the minimum salary due
to an employee under the Award…;
o the employee will receive at least 25% more than the annual salary otherwise
due to them under the EA;
o the difference between the Rate Salary and the salary due under the Award more
than compensates for additional payments in respect of the performance of work
that the employee would be entitled to receive under the Award but would not
under the EA (including penalties, overtime, meal allowance, additional annual
leave for Sundays worked, annual leave loading, days off in lieu of public
holidays and transitional meal allowance)’.
[9] In its Form F18, the CPSU advised the Commission that while it was supportive of the
approval of the Agreement by the Commission, it did not agree that employees deemed Rate B
under the Agreement would be better off when compared with the Award.
[10] The Commission also raised a concern about the absence of a mechanism for review or
reconciliation in relation to those on a Rate B arrangement and sought submissions or
undertakings addressing the concern about whether these employees would be better off overall
compared to the Award.
Undertakings
[2023] FWCA 2591
3
[11] The Applicant, who is also the employer covered by the Agreement, has provided
written undertakings to address the concerns in relation to Rate B arrangements. A copy of the
undertakings is attached at Annexure A of this decision (Undertakings). The views of each
person I know is a bargaining representative for the Agreement were sought in relation to the
Undertakings and no objections were raised. I am satisfied that the effect of accepting the
Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
[12] Pursuant to s.190(3) of the Act, I accept the Undertakings.
[13] Subject to the Undertakings, and on the basis of the materials before the Commission, I
am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant
to the application for approval of the Agreement have been met.
[14] As bargaining representatives for the Agreement, the MEAA and CPSU have given
notice under s.183 of the Act that they want the Agreement to cover them. In accordance with
s.201(2) of the Act, I note that the Agreement covers the organisations.
[15] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
24 August 2023. The nominal expiry date of the Agreement is 1 October 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE521150 PR765269
WORK COMMISSION --- THE FAIR
[2023] FWCA 2591
4
Annexure A
THE FAIR WORK COMMISSION
Matter No: AG 202311284
Applicant :
Proposed Agreement:
Australian Broadcasting Cor poration
ABC Enterprise Agreement 2022-2025
Sectio n 185 -Application for approval of a single enterprise agreement
Undertaking - Section 190
I, Vanessa MacBean, Head, ER, People Strategy & Governance have the authority given to me by
the Australian Broadcasting Corporation {ABC) to give the following undertaking with respect to the
ABC Enterprise Agreement 2022 - 2025 {Agreement):
The ABC undertakes that
a. the ABC will, as soon as practicable after the end or each relevant period, calculate, for each
employee to whom an arrangement under clauses 21.5.2 or 21.5.3 of the Agreement (Rate B
Arrangement) applies, the difference, for that part of the relevant period during which the
Rate B Arrangement applied, between:
i. the salary paid to that employee under the Rate B Arrangement {Rate B Salary);
and
ii. the amounts that the employee would have received under the Agreement had a
Rate B Arrangement not applied to the employee (Agreement Payment);
b. if the result of the calculation in paragraph (a) above is thal an employee's Rate B Salary for
that part of the relevant period was less than the employee's Agreement Payment, then the
ABC will (as soon as practicable after the calculation in paragraph (a) is completed) calculate
for each such employee the difference, for that part of the relevant period during which the
Rate B Arrangement applied, between:
i. the Rate B Salary; and
ii. the amounts that the employee would have received under the ABC Ente,prise
Award 2016 (Award) if the Award had applied to the employee's employment
during that period (Award Payment);
c. if the result of the calculation in paragraph (b) above is that an employee's Rate B Salary for
that part of the relevant period was less than the employee's Award Payment, the ABC will,
within twenty eight (28) days of the date on which the calculation in paragraph {b) is
completed, make a payment to the employee equal to the difference calculated in paragraph
(b), less taxation and any other amounts authorised or required to be deducted;
d. for the purposes of the above, the · relevant period" will be:
i. each twelve (1 2) month period starting on the day on which the Agreement
commences operating; and
ii. if an employee's employment has ended, the period between the last day in the
previous relevant period and the date on which the employee's employment ends
(to avoid doubt, if there is no previous relevant period for an employee, the relevant
period for the purpose of this paragraph {ii) will commence when the Rate B
Arrangement first started applying to the employee).
This undertaking is provided on the basis of issues raised by the Fair Work Commission in the
application before the Fair Work Commission.
THE FAIR WORK COMMISSION Matter No :: AG 2023/1284 Applicant Australian Broadcasting Corporation Proposed Agreement: ABC Enterprise Agreement 2022-2025 Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 . Vanessa MacBean, Head, ER, People Strategy & Governance have the authority given to me by the Australian Broadcasting Corporation (ABC) to give the following undertaking with respect to the ABG Enterprise Agreement 2022 - 2025 (Agreement); The ABC undertakes that: . the ABC will as soon as practicable after the end of eachi relevant period, calculate, for each employee to whom an arrangement under clauses 21.6 2 or 21.5,3 of the Agreement (Rate B Arrangement) applies, the difference, for that part of the relevant period during which the Rate B Arrangement applied, between 1. the salary paid to that employee under the Rate B Arrangement (Rale B Salary), 0 the amounts that the employee would have received under the Agreement had a and Rate 6 Arrangement not applied to the employee (Agreement Payment); If the result of the calculation in paragraph (a) above is that an employee's Rate B Salary for that part of the relevant period was less than the employee's Agreement Payment, then the ABC will (as soon as practicable after the calculation in paragraph (a) is completed) calculate "for each such employee the difference, for that part of the relevant period during which the Rate B Arrangement applied, between: the Rate B Salary; and the amounts that the employee would have received under the ABC Enterprise Award 2016 (Award) If the Award had applied to the employee's employment during that period (Award Payment); If the result of the calculation In paragraph (b) above is thal an employee's Rale B Salary for Ihab part of the relevant perlod was less than the employee's Award Payment, the ABO will, within twenty eight (28) days of the date on which the calculation in paragraph (b) Is completed, make a payment to the employee equal to the difference calculated in paragraph (b), less taxation and any other amounts authorised or required to be deducted, di for the purposes of the above, the "relevant period" will be sach twelve (12) month perlod starting on the day on which the Agreement commences operating: and If an employee's employment has ended, the period between the last day in the previous relevant period and the date on which the employee's employment ends (to avoid doubt, if there is no previous relevant period for an employee, the relevant perlod for the purpose of this paragraph (Il) will commence when the Rate B Arrangement first started applying to the employee). This undertaking Is provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Vanessa MacBean Signature Date 16/08/2023
ABC Enterprise Agreement 2022 - 2025 1
ABC
Enterprise
Agreement
2022-2025
Australian
Broadcasting
Corporation
Australian Broadcasting Corporation
2 ABC Enterprise Agreement 2022 - 2025
Part A Agreement Formalities
1. Title
This Agreement will be known as the ABC Enterprise Agreement 2022-2025.
2. Arrangement
This Agreement is arranged as follows:
Part A Agreement Formalities .................................................................................. 2
1. Title .................................................................................................................. 2
2. Arrangement .................................................................................................... 2
3. Definitions ........................................................................................................ 5
4. Coverage and Parties Bound ........................................................................... 5
5. Date and Period of Operation .......................................................................... 6
6. Application of Enterprise Agreement ............................................................... 6
7. No Extra Claims ............................................................................................... 7
8. Leave Reserved .............................................................................................. 7
Part B Purpose, Principles and Objectives ............................................................. 8
9. Purpose ........................................................................................................... 8
10. Principles ......................................................................................................... 8
11. Objectives ........................................................................................................ 9
Part C Flexibility ...................................................................................................... 11
12. Individual Flexibility Arrangements ................................................................ 11
Part D Recruitment .................................................................................................. 13
13. Advertising and Selection .............................................................................. 13
Part E Employment Arrangements ........................................................................ 16
14. Forms of Employment ................................................................................... 16
15. Part-Time Employment .................................................................................. 22
16. Trainees and Cadets ..................................................................................... 25
Part F Salaries, Classifications and Related Matters ........................................... 26
17. Salaries.......................................................................................................... 26
18. Classifications ................................................................................................ 28
19. Salary Progression ........................................................................................ 29
20. Higher Duties Allowance................................................................................ 29
21. Exemption from Certain Provisions of this Agreement .................................. 30
22. Supported Wages for employees with disabilities .......................................... 34
ABC Enterprise Agreement 2022 - 2025 3
Part G Performance Management .......................................................................... 35
23. Performance Management ............................................................................ 35
Part H Hours of Work, Penalties and Overtime .................................................... 41
24. General Conditions Relating to Hours, Penalties and Overtime .................... 41
25. Schedule A (Non Rostered) Employees ........................................................ 45
26. Schedule A (Rostered) Employees ................................................................ 48
27. Schedule B (Rostered) Employees ................................................................ 55
Part I Allowances and Miscellaneous Payments ................................................ 62
28. Meal Allowance ............................................................................................. 62
29. Private Vehicle Allowance ............................................................................. 62
30. Television Clothing Allowance ....................................................................... 63
31. First Aid Allowance ........................................................................................ 63
32. Relocation and Reunion Assistance .............................................................. 63
33. Isolated Locality Assistance ........................................................................... 64
34. Reimbursement of Miscellaneous Expenses ................................................. 65
35. Assistance with Travel to or from Work ......................................................... 65
36. Special Circumstances Work Allowance and Special Payment ..................... 66
Part J Leave and Public Holidays ......................................................................... 68
37. Annual Leave ................................................................................................. 68
38. Annual Leave Loading ................................................................................... 72
39. Public Holidays (Schedule A Employees) ...................................................... 73
40. Personal/Carer’s Leave ................................................................................. 75
41. Miscellaneous Paid Leave ............................................................................. 79
42. Long Service Leave ....................................................................................... 82
43. Parental Leave .............................................................................................. 82
44. Purchased Leave ........................................................................................... 86
45. Leave Without Pay ........................................................................................ 87
Part K Travel and Overseas Postings ................................................................... 89
46. Distant Assignments ...................................................................................... 89
47. General Travel Conditions ............................................................................. 89
48. Domestic Travelling Allowance ...................................................................... 89
49. Overseas Travelling Allowance ..................................................................... 90
50. Travel By Air .................................................................................................. 91
51. Insurance General ......................................................................................... 92
52. Overseas Posting Conditions ........................................................................ 92
Part L Managing Change ........................................................................................ 93
4 ABC Enterprise Agreement 2022 - 2025
53. Consultation ................................................................................................... 93
Part M Redundancy ................................................................................................. 95
54. Redundancy .................................................................................................. 95
Part N Misconduct, Incapacity and Separation .................................................. 102
55. Misconduct .................................................................................................. 102
56. Medical Incapacity & Rehabilitation ............................................................. 104
57. Termination of Employment ......................................................................... 106
58. Resignation or Retirement ........................................................................... 107
Part O Settlement of Grievances and Disputes .................................................. 109
59. Personal Grievance Resolution ................................................................... 109
60. Prevention and Resolution of Disputes ........................................................ 109
Schedule A Salary Rates ............................................................................................... 116
Schedule B Salary Rates ............................................................................................... 117
Schedule C Allowances ................................................................................................. 118
Schedule D Meal Allowance Transition and Compensation Provisions ................... 119
Schedule E Darwin Airfares .......................................................................................... 121
Schedule F Employees Eligible for a Supported Wage .............................................. 122
Index .................................................................................................................... 124
ABC Enterprise Agreement 2022 - 2025 5
3. Definitions
3.1.1 “ABC” means the Australian Broadcasting Corporation.
3.1.2 “Act” means the Fair Work Act 2009 (Cth).
3.1.3 “MEAA” means the Media Entertainment and Arts Alliance.
3.1.4 “CPSU” means the Community and Public Sector Union.
3.1.5 “Delegate” means the person authorised by the ABC as its delegate from time
to time in relation to a particular matter.
3.1.6 “Identified Position” means a position for which one of the selection criteria is
membership of one of the groups identified in the positive discrimination or
special measures provisions of federal anti-discrimination law (including but
not limited to the Age Discrimination Act 2004 (Cth), Disability Discrimination
Act 1992 (Cth), Sex Discrimination Act 1984 (Cth) or Racial Discrimination
Act 1975 Cth)), or the ABC’s Diversity and Inclusion Plan.
3.1.7 “Long term assignment” means an overseas assignment of more than six
months.
3.1.8 “Minimum rate of pay” means an employee's applicable Salary Rate under
Schedule A or Schedule B, unless, in respect of Band 9 only, a greater
amount is specified in their contract of employment.
3.1.9 “NES” means the National Employment Standards under the Act.
3.1.10 “Prescribed nominal daily hours” for a full-time employee means:
a. 7 hours 36 minutes for employees working a two-weekly cycle; or
b. 8 hours for employees working a four-weekly cycle.
4. Coverage and Parties Bound
4.1.1 Subject to subclause 4.1.2, this Agreement covers:
a. the ABC;
b. the Community and Public Sector Union (subject to the CPSU meeting
the requirements to be a party under the Act); and
c. the Media Entertainment and Arts Alliance (subject to MEAA meeting
the requirements to be a party under the Act); and
d. all employees of the ABC (other than those described in subclause
4.1.2 below),
6 ABC Enterprise Agreement 2022 - 2025
in respect of work done by employees of the ABC (other than those described
in subclause 4.1.2 below).
4.1.2 This Agreement does not cover:
a. employees covered by the relevant ABC Retail Agreement;
b. employees covered by the Actors Stream of the Australian
Broadcasting Corporation Enterprise Award 2016 or relevant ABC
Actors Agreement; and
c. employees classified as Executives and Directors.
5. Date and Period of Operation
5.1.1 This Agreement will commence operation seven days after the date of
approval of the Agreement by the Fair Work Commission (Commencement
Date).
5.1.2 The nominal expiry date of the Agreement is 1 October 2025.
5.1.3 If requested by the CPSU, MEAA or the ABC, the parties will meet in the three
months prior to the nominal expiry date of this Agreement to commence
negotiations for an agreement to replace this Agreement.
5.1.4 Despite subclause 5.1.1, while the effective date of any change to salaries or
allowances in this Agreement will be the Commencement Date or the date
specified for that particular change, if applicable, the actual date for payment
of any increase in salaries or allowances (including any back pay) will be the
payment date of the first full pay period following the Commencement Date.
For the avoidance of doubt, this provision is not designed to impact the
effective date of any change, but rather is designed to provide the ABC with
sufficient time to make the necessary administrative arrangements to
implement those changes.
6. Application of Enterprise Agreement
6.1.1 This Agreement rescinds and replaces all other collective agreements
covering the employees covered by this Agreement, whether registered or
certified or not, including the ABC Enterprise Agreement 2019 - 2022 and will
operate in the place of and to the exclusion of any other collective industrial
instrument that might otherwise apply to the employment of employees
including the Australian Broadcasting Corporation Enterprise Award 2016 as
amended, replaced or superseded from time to time, or any modern award in
place from time to time, including the Broadcasting and Recorded
ABC Enterprise Agreement 2022 - 2025 7
Entertainment and Cinemas Award 2020, as amended, replaced or
superseded from time to time.
6.1.2 This Agreement prevails over any inconsistent provision contained in the
Australian Broadcasting Corporation Act 1983 (Cth) and the regulations,
instructions, staff rules, service rules, or general orders made under that Act.
6.1.3 This Agreement is supported by ABC policies, procedures and guidelines as
advised and amended from time to time, and including those referred to in
this Agreement. These policies, procedures and guidelines do not form part
of this Agreement. In the event of inconsistency, the Agreement will prevail.
7. No Extra Claims
7.1.1 The wage increases and other improvements in conditions of employment
provided for by this Agreement are in full settlement of all existing claims
made by the CPSU, MEAA and the employees or on behalf of the employees.
7.1.2 It is a term of this Agreement that the ABC, the CPSU, MEAA and the
employees will not pursue any extra claims for improvement in wages or other
terms and conditions of employment for the duration of this Agreement. It is
not the intent of this provision to inhibit, limit or restrict the ability of the ABC
to manage the organisation nor to introduce change at the workplace,
including in accordance with Part L of this Agreement.
8. Leave Reserved
8.1.1 The CPSU, MEAA and the ABC may exercise their rights in respect of Work
Level Standards as set out in the document Terms of Reference for the
Review of the Work Level Standards (incorporating Role Templates and
Reward for Multi skilling), as amended by the parties in August 2013.
8 ABC Enterprise Agreement 2022 - 2025
Part B Purpose, Principles and Objectives
9. Purpose
9.1.1 The purpose of this Agreement is to provide terms and conditions of
employment that are responsive to the ABC’s needs, the needs and
aspirations of its employees, and environment in which the ABC operates.
10. Principles
10.1.1 The ABC recognises the role unions play in the workplace and the right of
union delegates to represent union members in the workplace. The unions
and union delegates recognise the ABC's statutory obligations, operational
requirements and in exercising their rights agree to consider the likely effect
on these factors.
10.1.2 The ABC recognises the value of work performed by all employees through
the application of the ABC’s classification system.
10.1.3 The terms and conditions of this Agreement help give effect to the
commitment of the parties covered by this Agreement by:
a. supporting a mobile, multi-skilled workforce through broad banded
(including cross-media) classification structures that preclude
unnecessary demarcations;
b. enabling jobs to be designed at the local level to encourage an
appropriate blend of multi-skilled and specialist employees, and to
provide for the smooth introduction of new technology; and
c. supporting the adoption of the ABC Values, as amended from time to
time.
10.1.4 In particular, the parties are committed to:
a. encouragement of a whole of life balance between work and private
responsibilities;
b. promoting reasonable workloads for employees. The ABC is
committed to the safety and well-being of employees. Managers and
employees will work together when employees raise concerns about
their workloads and associated issues;
c. promoting an open working environment based on direct feedback
between managers and employees; and
ABC Enterprise Agreement 2022 - 2025 9
d. promoting job security, employability and career development. This
Agreement provides opportunities for employees to work in different
areas of the organisation.
11. Objectives
11.1 Workforce Planning Objectives
11.1.1 The ABC is committed to strategies that increase the flexibility of its workforce
and enhance and broaden the skills of its employees. Such strategies
include, but are not limited to:
a. training and developing the current workforce; and
b. encouraging employee mobility.
11.2 Learning and Development Objectives
11.2.1 Consistent with its workforce planning objectives, the ABC will ensure that its
learning, training and development strategies:
a. recognise the importance of investing in the skills, training and career
development of employees in order to increase their value to the ABC,
and to continue to provide a flexible and rewarding workplace;
b. address current skills shortages and areas of emerging need;
c. increase skill development and promote career opportunities for all
employees;
d. develop skills that maximise employability both internally and
externally;
e. support identified training needs; and
f. facilitate redeployment opportunities for potentially excess
employees.
g. employees will not unreasonably refuse to undertake training and
development activities designed to broaden their skills and/or
enhance their career opportunities. Employees will take an active
responsibility for the development of their own careers.
h. training and development will incorporate the ABC’s Diversity and
Inclusion objectives, and there will be equity of access for all
employees (including those in remote locations) to training and
development opportunities.
10 ABC Enterprise Agreement 2022 - 2025
11.3 Mobility and Career Development Objectives
11.3.1 Subject to the application of the merit principle, and having regard to
operational requirements, the ABC will:
a. encourage mobility of employees within the ABC;
b. support employees actively seeking opportunities to work in different
areas of the ABC;
c. ensure all reasonable steps are taken to assign ABC employees on
ABC commissioned programs, including co-productions;
d. ensure that requests for transfer/reassignment are managed
impartially having regard to program needs and employees’
development goals and career aspirations;
e. promote the engagement of ongoing employees in preference to non-
ongoing employees; and
f. promote the engagement of internal employees in preference to
external candidates.
11.4 Diversity and Inclusion Objectives
11.4.1 The ABC is committed to diversity and inclusion in its workforce.
11.4.2 Nothing in this document precludes the ABC from having regard to its
Diversity and Inclusion Plan as amended from time to time, as applicable.
ABC Enterprise Agreement 2022 - 2025 11
Part C Flexibility
12. Individual Flexibility Arrangements
12.1.1 The ABC and an employee covered by this Agreement may agree to make
an individual flexibility arrangement to vary the effect of the Agreement if:
a. the individual flexibility arrangement varies the effect of one or more
of the terms of the Agreement dealing with the following matters:
i. arrangements about when work is performed (including rosters
and the arrangement of free days, provided that the minimum
number of free days is not less than four per fortnight);
ii. overtime rates;
iii. penalty rates;
iv. allowances;
v. leave loading; and
b. the arrangement is genuinely agreed to by the ABC and the employee.
12.1.2 Prior to entering into an arrangement, the employee may request that the
ABC provide, to the extent practicable, an estimate of the payments they
would have been entitled to for the prospective year based, as far as possible,
on the pattern of hours they will be expected to work.
12.1.3 The employee will be advised of their right to representation in negotiating
the arrangement.
12.1.4 The salary rate determined under an individual flexibility arrangement will be
regarded as salary for superannuation purposes in accordance with the
relevant legislation.
12.1.5 The ABC must ensure that the terms of the individual flexibility arrangement:
a. are about permitted matters under section 172 of the Act;
b. contain no unlawful terms under section 194 of the Act; and
c. result in the employee being better off overall, compared to this
Agreement, than the Employee would be if no arrangement was
made.
12.1.6 The ABC must ensure that the individual flexibility arrangement:
a. is in writing;
b. includes the name of the ABC and the employee;
12 ABC Enterprise Agreement 2022 - 2025
c. is signed by the ABC and the employee and, if the employee is under
18 years of age, is also signed by a parent or guardian of the
employee; and
d. includes details of:
i. the terms of the Agreement that will be varied by the
arrangement;
ii. how the arrangement will vary the effect of the terms;
iii. how the employee will be better off overall compared to this
Agreement in relation to the terms and conditions of their
employment as a result of the arrangement; and
iv. states the day on which the arrangement commences.
12.1.7 The ABC must give the employee a copy of the individual flexibility
arrangement within 14 days after it is agreed to.
12.1.8 The right to make an arrangement pursuant to this subclause is in addition
to, and is not intended to otherwise effect, any provision for an agreement
between the ABC and an individual employee contained in any other term of
this Agreement.
12.1.9 The ABC or employee may terminate the individual flexibility arrangement:
a. by giving no more than 28 days’ written notice to the other party to the
arrangement; or
b. if the ABC and employee agree in writing – at any time.
ABC Enterprise Agreement 2022 - 2025 13
Part D Recruitment
13. Advertising and Selection
13.1 Guidelines
13.1.1 The ABC’s Recruitment and Selection Guidelines do not form part of this
Agreement. In the event of inconsistency, the Agreement will prevail.
13.2 Advertising
13.2.1 All vacancies will be advertised, except where:
a. the vacancy is expected to be for 6 months or less duration;
b. the vacancy relates to a key program or project requiring the skills and
attributes of a particular person, which may involve canvassing
potential candidates on a discreet basis;
c. the vacancy is to be filled by transfer or redeployment;
d. the vacancy is to be filled by the appointment of an employee on return
from a temporary assignment or period of approved absence where
there is a statutory obligation on the ABC to place them in a similar
position to the one previously held;
e. a suitable candidate for the vacancy has already been identified
through a selection process conducted within the last 12 months (from
the close of advertising) for a similar or generic role;
f. the vacancy is a Run of Show engagement and is to be filled by an
employee on an existing Run of Show engagement, or an employee
who has received an offer of further Run of Show employment in
accordance with subclause 14.3.9; and
g. the vacancy is to be filled by the appointment of the current temporary
incumbent, provided they have been employed in the position for a
period of 6 months or more and have previously undergone a
documented selection process for that position.
13.2.2 In the event that the ABC has determined it will not advertise a short-term or
long term vacancy for an Identified Position, and the ABC is not relying on
subclauses 13.2.1.b, 13.2.1.c, 13.2.1.e and 13.2.1.g, the ABC will during the
recruitment process, notify employees in writing that the vacancy is an
Identified Position and the reason for the advertising exemption, to ensure
that any staff who meet the new criteria are able to express an interest and/or
apply for the vacancy.
14 ABC Enterprise Agreement 2022 - 2025
13.3 Selection for Short Term Vacancies
13.3.1 Where a vacancy is expected to be greater than 6 months but not more than
12 months' duration, the manager will document the selection, which will be
based on merit, as well as having regard to operational requirements. For the
avoidance of doubt, selection based on merit does not preclude the manager
having regard to the ABC’s Diversity and Inclusion Plan, as amended from
time to time.
13.4 Selection for Long Term Vacancies
13.4.1 A Selection Panel will be formed for all advertised vacancies greater than 12
months, except where:
a. the vacancy relates to a key program or project requiring the skills and
attributes of a particular person, which may involve canvassing
potential candidates on a discreet basis;
b. the vacancy is to be filled by transfer or redeployment;
c. the vacancy is to be filled by the appointment of an employee on return
from a temporary transfer or period of approved absence where there
is a statutory obligation on the ABC to place them in a similar position
to the one previously held;
d. a suitable candidate for the vacancy has already been identified
through a selection process conducted within the last 12 months (from
the close of advertising) for a similar or generic role;
e. the vacancy is to be filled by the appointment of the current temporary
incumbent provided they have been employed in the position for 6
months or more and have previously undergone a documented
selection process for that position;
f. there is only one applicant for the vacancy; or
g. the vacancy is a Run of Show engagement and is to be filled by an
employee on an existing Run of Show engagement or whose Run of
Show engagement has expired within four weeks of the vacancy being
approved to fill.
13.4.2 The Selection Panel will consist of more than one person and will make
recommendations regarding appointment but does not have authority to
appoint an applicant to the vacant position.
13.4.3 The ABC’s nominated delegate will make the decision regarding appointment
to the vacant position (Selection Decision).
ABC Enterprise Agreement 2022 - 2025 15
13.5 Internal Candidates
13.5.1 Where a Selection Panel has been formed in accordance with subclause
13.4.2;
a. all internal applicants for the vacancy who meet all of the selection
criteria will be interviewed, subject to 13.5.1.b;
b. in circumstances where there are more than three internal applicants
who are assessed as meeting all of the selection criteria:
i. there may be further short listing processes to identify the best
candidates, which may include asking candidates to undertake
a further task; and
ii. after this process has been undertaken, a minimum of the three
best internal applicants will be interviewed.
16 ABC Enterprise Agreement 2022 - 2025
Part E Employment Arrangements
14. Forms of Employment
14.1.1 Employees covered by this Agreement will be employed under one of the
following forms of employment:
a. Ongoing employment;
b. Specified task employment;
c. Fixed term employment;
d. Phased retirement employment; or
e. Casual employment.
14.2 Ongoing Employment
14.2.1 Ongoing employment continues until terminated on notice by either party,
except in cases where summary dismissal is lawful in which case no notice
will be given.
14.3 Specified Task Employment
14.3.1 Specified task employment, including Run of Show employment, will only be
used where the specific job performed by the employee and/or the specific
capabilities exercised by the employee are not required on an ongoing basis.
14.3.2 Specified task employment is employment for a specified task where the
employment will cease on completion of the task, except:
a. in cases where summary dismissal is lawful in which case no notice
will be given;
b. where the specified task is for twelve months or more and is for the
purpose of backfilling leave or a temporary transfer, in which case the
employment may be terminated during Probation in accordance with
subclause 14.8, or in accordance with subclause 14.3.2.a above;
c. where the specified task is for an anticipated duration of eighteen
months or more and the ABC has elected to treat the employee in
accordance with subclauses 14.3.16 and 14.3.17 below, in which case
the employment may be terminated during Probation in accordance
with subclause 14.8 or on notice in accordance with subclause 57.2,
or in accordance with subclause 14.3.2 above.
ABC Enterprise Agreement 2022 - 2025 17
Right for specified task employee (other than a Run of Show employee) to
request conversion to ongoing employment
14.3.3 An employee, other than a Run of Show employee, who has been employed
on two or more consecutive specified task engagements, may request in
writing that the ABC consider whether their employment should be converted
to ongoing employment. Where it is demonstrated that the specified task
employment is not consistent with relevant case law considering the nature
of specified task employment, the ABC will offer to convert the employee to
ongoing employment.
14.3.4 Where the ABC refuses a specified task employee’s request to convert, the
ABC must provide the employee with the ABC’s reasons for refusal in writing
within 21 days of the request being made.
14.3.5 A specified task employee must not be engaged and re-engaged (which
includes a refusal to re-engage), or have their hours reduced or varied, in
order to avoid any right or obligation under this subclause.
14.3.6 The ABC will notify specified task employees of their right to request
conversion under this subclause in their contract for the specified task
employment.
Run of Show employment
14.3.7 Run of Show employment is employment for the specified task of fulfilling a
particular role on a commissioned production for all or the balance of a
production year, particular season or series of a commissioned program.
14.3.8 Subject to subclause 14.3.9 and 14.3.15 below, if:
a. by the expiry of a Run of Show contract, the Run of Show employee
advises the ABC in writing that the employee wishes to be offered
further Run of Show employment by the ABC in the same or an
equivalent role, whether on the same production, or another
production, and is available for such further employment;
b. the employee does not commence employment on a further Run of
Show engagement within two months after the expiry of that previous
engagement; and
c. the employee has more than two years’ service,
the ABC will pay the employee a termination payment on the following basis:
Service Termination Payment
More than 2 years and up to 3 years 4 weeks
More than 3 years 6 weeks
18 ABC Enterprise Agreement 2022 - 2025
14.3.9 Despite subclause 14.3.8 above, an employee who is offered the same or an
equivalent role, whether on the same production or another production, and
refuses such an offer, will not be entitled to any termination payment.
14.3.10 An offer of a further Run of Show engagement should generally be made
within four weeks after the expiry of the previous engagement.
14.3.11 The termination payment is in satisfaction of all entitlements arising on
termination, whether under a contract, award or legislation, except any
entitlement to leave.
14.3.12 Subject to subclause 14.3.15, if a Run of Show employee has a total of four
years’ continuous service, the Run of Show employee may elect in writing to
be converted to ongoing employment on the same hourly basis, classification
and band as their current Run of Show engagement.
14.3.13 For the purpose of subclauses 14.3.8 and 14.3.12 only, service for a Run of
Show employee is calculated on the following basis:
a. total service with the ABC under one or more Run of Show contracts
– provided there is no break of more than two months between the
expiry of any such engagement and the commencement of the next
engagement;
b. commences from the first Run of Show engagement on or after 5
November 2010;
c. excludes casual employment; and
d. the cessation date of employment is not altered in any way by the
payment of leave accrued during the period of employment.
14.3.14 The ABC will notify Run of Show employees of their right to convert to
ongoing employment and a potential severance payment under this
subclause in writing at the following times:
a. in their contract for the Run of Show employment; and
b. within six (6) months of the commencement of their fourth consecutive
year of service.
14.3.15 Run of Show employees whose main function is to present on-air programs
are excluded from the operation of subclause 14.3.8 and 14.3.12, where the
Run of Show employee’s annual rate of earnings exceeds the unfair dismissal
high income threshold as recognised by the Act and related regulations.
Long term specified task employment
14.3.16 If an employee, other than an employee described in subclause 14.3.7 above,
is employed for a specified task engagement with an anticipated duration of
ABC Enterprise Agreement 2022 - 2025 19
eighteen months or more, the ABC may elect to treat the employee in
accordance with subclause 14.3.17 below (Nominated Long Term
Specified Task Employment).
14.3.17 If an employee is advised by the ABC that they are employed on Nominated
Long Term Specified Task Employment:
a. the specified task employment will continue until the completion of the
specified task unless:
i. terminated on notice by either party (or in the case of the ABC,
payment in lieu of notice or part payment, part notice) in
accordance with clause 57; or
ii. summary dismissal is lawful, in which case the ABC may
terminate the employment before the end of the specified task,
and
b. Part G – Performance Management applies to employees employed
on Nominated Long Term Specified Task Employment.
14.3.18 For the avoidance of doubt, if an employee, other than an employee
described in subclause 14.3.7 above, is employed for a specified task
engagement with an anticipated duration of eighteen months or more and is
not advised at the time of offer of employment that they are employed on
Nominated Long Term Specified Task Employment, the employee's
employment may only be terminated prior to completion of the specified task
by summary dismissal.
14.4 Fixed Term
14.4.1 Fixed term employment is employment for a fixed period, subject to
termination at the stated finish date, except:
a. in cases where summary dismissal is lawful, in which case no notice
will be given;
b. where the fixed period is eighteen months or more and the ABC has
elected to treat the Employee in accordance with subclauses 14.4.8
and 14.4.9 below, in which case the employment may be terminated
during Probation in accordance with subclause 14.8 or on notice in
accordance with clause 57, or in accordance with subclause 14.4.1.a
above.
14.4.2 Subject to subclause 14.4.3, fixed term employment will only be used where
the specific job performed by the employee and/or the specific capabilities
exercised by the employee are not required on an ongoing basis.
20 ABC Enterprise Agreement 2022 - 2025
14.4.3 Despite subclause 14.4.2, content makers whose main function is to present
an on-air program may be employed on a fixed term basis if:
a. the employee is assigned to a local metropolitan station and is
classified Band 8 or above; or
b. the employee is a trainee engaged in accordance with subclause
16.1.5.
The employment of these content makers will be subject to Probation in
accordance with subclause 14.8. There will be no Probation in any second
and subsequent fixed term engagements if an employee commences
employment on a further fixed term within two months after the expiry of the
previous engagement.
Right for fixed term employee to request conversion to ongoing employment
14.4.4 An employee who has been employed on two or more consecutive fixed term
engagements may request in writing that the ABC consider whether their
employment should be converted to ongoing employment. Where it is
demonstrated that the fixed term employment is not consistent with relevant
case law considering the nature of fixed term employment, the ABC will offer
to convert the employee to ongoing employment.
14.4.5 Where the ABC refuses a fixed term employee’s request to convert, the ABC
must provide the employee with the ABC’s reasons for refusal in writing within
21 days of the request being made.
14.4.6 A fixed term employee must not be engaged and re-engaged (which includes
a refusal to re-engage), or have their hours reduced or varied, in order to
avoid any right or obligation under this subclause.
14.4.7 The ABC will notify fixed term employees of their right to request conversion
under this subclause in their contract for the fixed term employment.
Long fixed term employment
14.4.8 If an employee is employed on a fixed term employment period of eighteen
months or more, the ABC may elect to treat the employee in accordance with
subclause 14.4.9 below (Nominated Long Fixed Term Employment).
14.4.9 If an employee is advised by the ABC that they are employed on Nominated
Long Fixed Term Employment:
a. the fixed term employment will continue until the completion of the
fixed period unless:
ABC Enterprise Agreement 2022 - 2025 21
i. terminated on notice by either party in accordance with clause
57 (or in the case of the ABC, payment in lieu of notice or part
payment, part notice);or
ii. summary dismissal is lawful in which case the ABC may
terminate the employment before the end of the fixed period;
and
b. Part G – Performance Management applies to all employees
employed on Nominated Long Fixed Term Employment.
14.4.10 For the avoidance of doubt, if an employee is employed on fixed term
employment of eighteen months or more and is not advised at the time of
offer of employment that they are employed on Nominated Long Fixed Term
Employment, the employee's employment may only be terminated prior to the
end of the fixed period by summary dismissal.
14.5 Phased retirement
14.5.1 An employee and the ABC may agree to enter into an arrangement regarding
phased retirement. In such circumstances:
a. the employee will give up their right to ongoing employment even
though their substantive position is ongoing;
b. the employee will be employed on phased retirement employment
with an agreed end date;
c. the employee’s employment will continue until the agreed end date
unless:
i. terminated on notice by either party in accordance with clause
57 (or in the case of the ABC, payment in lieu of notice or part
payment, part notice); or
ii. summary dismissal is lawful, in which case the ABC may
terminate the employment before the agreed end date; and
d. Part G – Performance Management applies to employees employed
on phased retirement employment.
14.6 Casual employment
14.6.1 A casual employee has the meaning given by section 15A of the Act.
14.6.2 A casual employee is engaged by the hour in return for payment for the hours
worked.
14.6.3 The minimum casual payment will be for four hours per call.
22 ABC Enterprise Agreement 2022 - 2025
14.6.4 Subclause 14.6.3 does not apply where the casual employee and ABC agree
to a shorter minimum call, and the casual employee’s functions are to ‘present
an on air program’ provided that the minimum call and minimum payment will
be two hours.
14.6.5 A casual employee will receive a 25% loading in lieu of leave benefits
provided under the Agreement.
14.7 Casual conversion
14.7.1 Offers and requests for conversion from casual employment to full-time or
part-time employment are provided for in the NES.
14.7.2 In accordance with the Act, the ABC will give each casual employee the
Casual Employment Information Statement before, or as soon as practicable
after, the employee starts employment as a casual employee with the ABC.
14.8 Probation
14.8.1 All new:
a. Ongoing employees;
b. Specified task employees as limited by subclause 14.3.2;
c. Fixed term employees as limited by subclause 14.4.1; and
d. content makers whose main function is to present an on-air program
as limited by subclause 14.4.3,
will have their initial work performance assessed during a period of probation
(Probation).
14.8.2 The purpose of Probation is to ascertain whether the employee has the skills
and capacity to carry out the job satisfactorily.
14.8.3 Subject to 14.8.4, the period of Probation will be six months.
14.8.4 The period of Probation for a trainee or cadet, including a trainee engaged
under subclause 16.1.5, will be a maximum of 12 months and will be advised
to the trainee or cadet in writing prior to the commencement of employment.
15. Part-Time Employment
15.1 Definition
15.1.1 A part-time employee is an Ongoing, Fixed Term, Specified Task or Phased
Retirement employee employed for less than the ordinary hours of work of an
equivalent full-time employee.
ABC Enterprise Agreement 2022 - 2025 23
15.2 Initiation of Part-Time Employment
15.2.1 Proposals for part-time employment may be initiated by the ABC for
operational reasons or by an employee for personal reasons.
15.2.2 Where the ABC seeks to initiate the conversion of existing full-time
employment to part-time employment, the ABC will consult with the employee
and their representative (if requested by the employee). The ABC will advise
the employee of their right to have a representative. No pressure will be
exerted on full-time employees to convert to part-time employment or to
transfer to another position to make way for part-time employment.
15.2.3 Where a proposal to move from full-time to part-time employment is initiated
by an employee, the ABC will have regard to the personal reasons put by the
employee in support of the proposal and the ABC’s operational requirements
in determining the response.
15.2.4 Subject to operational requirements, the ABC will not unreasonably refuse a
part-time proposal from an employee returning from parental leave in order
to assist them with their caring responsibilities, provided that:
a. the employee should initiate the proposal at least two months prior to
resuming work;
b. the proposal, if approved, will be for a period of up to and including 12
months; and
c. the part-time position provided to the employee may not necessarily
be the same position the employee held immediately prior to taking
parental leave.
15.3 Hours of Work for Part-Time Employees
15.3.1 Before any period of part-time employment commences, an agreement in
writing will be required between the ABC and the employee which specifies:
a. the prescribed weekly or cycle hours;
b. for non-rostered employees: the pattern of hours (including starting
and finishing times) to be worked. Any agreement reached will be in
accordance with the relevant clauses of this Agreement applying to
Schedule A (Non-Rostered) employees;
c. for rostered employees: the pattern of hours (including starting and
finishing times) to be worked. Any agreement reached will be in
accordance with the relevant clauses of this Agreement applying to
Schedule A (Rostered) or Schedule B employees. Provided that
where this information is not specified, part-time rostered employees
may be rostered for work on any day of the week or cycle and for any
24 ABC Enterprise Agreement 2022 - 2025
number of days and daily hours which can be worked by an equivalent
full-time employee; and
d. that the employee may be required to work overtime in accordance
with subclause 24.3.1 of this Agreement.
15.3.2 The matters agreed under 15.3.1 will not be varied, amended or revoked
without the consent of the employee. Any agreed variation will be in writing.
15.3.3 The minimum hours of work for a part-time employee will be not less than
four hours on any day.
15.3.4 Where a full-time employee is permitted to work part-time for an agreed fixed
period for personal reasons, the date of reversion to full-time employment
shall be specified in writing and the employee will revert to full-time
employment unless a further period of part-time employment is approved.
15.3.5 The ABC will not request or require a part-time employee to work overtime
under subclause 15.3.1 where the overtime would be unreasonable, having
regard to the factors set out in section 62(3) of the Act in relation to
determining whether additional hours are reasonable.
15.4 Additional Part-Time Hours and Overtime
15.4.1 Where a part-time employee works more than the ordinary hours of work set
out in their agreement, those hours which do not exceed the maximum daily
or prescribed cyclic ordinary hours of work for an equivalent full-time
employee will be regarded as additional hours and will be paid at the
employee’s ordinary hourly rate plus a 20% loading in lieu of accrual of annual
and personal/carers leave. The loading will be in addition to any shift or
special rates penalty for which the additional hours may qualify.
15.4.2 Where an employee works more than the ordinary hours of work set out in
their agreement, those hours which exceed the daily, weekly or cyclic
ordinary hours of work for an equivalent full-time employee will be treated as
overtime and paid for at the appropriate overtime rate in accordance with the
relevant provisions in Part H - Hours of Work, Penalties and Overtime.
15.5 Other Part-Time Provisions
15.5.1 Notwithstanding subclause 15.4.1, the ABC will accrue annual leave and
personal/carers leave for part-time employees on the basis of their ordinary
hours of work, and in accordance with the NES and sections 87(2) and 96(2)
of the Act which deal with the accrual of annual leave and accrual of
personal/carers leave respectively.
ABC Enterprise Agreement 2022 - 2025 25
15.5.2 Subject to 15.5.3, other provisions of this Agreement that can apply to part-
time employees will apply on a pro-rata basis, provided they are not
inconsistent with the provisions of this clause.
15.5.3 Part-time employees will be entitled to expense related allowances, as
specified in the relevant clause of this Agreement.
16. Trainees and Cadets
16.1.1 Trainee and cadet programs will be developed to meet the present and future
needs of the ABC. The ABC will use a combination of in-house and/or
recognised institutional courses to supplement on-the-job training to ensure
the all round development of competencies.
16.1.2 Trainee and cadet positions will be specifically identified. Periods of training
will be determined by the stream and type of traineeship or cadetship,
provided that:
a. the training period will not exceed three years, subject to performance
requirements being met;
b. for cadet journalists who commence as graduates of an approved and
appropriate tertiary course, the training period will not exceed one
year, subject to performance requirements being met; and
c. cadet journalists who graduate from an approved and appropriate
tertiary course while employed will be advanced to the final year.
16.1.3 Trainees and cadets will receive instruction and guidance from responsible
people throughout the term of the training program. Where they are required
to attend courses or lectures in their chosen field at an appropriate tertiary
institution, such time will be paid by the ABC.
16.1.4 The salary of trainees and cadets will be determined in accordance with the
relevant Work Level Standards and the performance management system.
16.1.5 Content makers assigned to triple j whose main function is to present on-air
programs may be engaged as trainees on fixed term employment, provided
that the fixed term must be a minimum of 12 months.
26 ABC Enterprise Agreement 2022 - 2025
Part F Salaries, Classifications and
Related Matters
17. Salaries
17.1 Salary Increases under this Agreement
17.1.1 The minimum rate of pay of employees covered by this Agreement will be
increased as follows:
a. 4 % payable from the first full pay period on or after 1 October 2022;
b. 4 % payable from the first full pay period on or after 1 October 2023;
and
c. 3 % payable from the first full pay period on or after 1 October 2024.
To avoid doubt, the increase prescribed in 17.1.1.a above is calculated on
the October 2021 Salary Rates prescribed in the previous agreement.
17.2 One Off Payment
17.2.1 After the first pay period following commencement of this Agreement, the
ABC will pay a One Off Payment (less applicable tax) to each eligible
employee (as defined below in subclause 17.2.3.b.).
17.2.2 Notwithstanding any other provision of this Agreement, the One Off Payment
stands alone and is not taken into account in the calculation of any other
payments to employees.
17.2.3 In this subclause 17.2:
a. Voting Period Commencement means the commencement of the
period for voting on the Agreement;
b. Eligible employee means an employee who:
i. is employed by the ABC as a full-time, part-time or casual
employee in the pay period described in 17.2.1; and
ii. was also employed by the ABC during the four-week period
immediately prior to the Voting Period Commencement
but does not include an employee on leave without pay (other than
parental leave or personal/carer’s leave without pay).
c. One Off Payment means:
i. in the case of a full-time employee, $1,500;
ABC Enterprise Agreement 2022 - 2025 27
ii. in the case of a part-time employee, a pro rata amount of the
$1,500 payment, calculated by reference to the employee’s
current agreed fortnightly ordinary hours, up to a maximum of
$1,500;
iii. in the case of a casual employee, a pro rata amount of the
$1,500 payment, calculated by reference to the employee’s
hours worked in the four weeks immediately prior to the Voting
Period Commencement, up to a maximum of $1,500.
17.2.4 Where there has been a significant change to a part-time or casual
employee’s hours in the 12 months prior to the Voting Period
Commencement, the ABC may, in its absolute discretion, decide to adjust the
One Off Payment, up to a maximum of $1,500.
17.3 Rates of Pay - Schedules A and B
17.3.1 Employees covered by this Agreement shall be paid a base salary in
accordance with Schedule A or Schedule B with effect from the first full pay
period on or after 1 October 2022 (which represents an increase of 4 % on
the previously applicable rates).
17.3.2 Differences in employment conditions attaching to Schedule A and Schedule
B salary rates are specified in:
• Part H - Hours, Penalties and Overtime; and
• Part J - Leave and Public Holidays.
17.3.3 Employment under Schedule A or Schedule B will be determined by
agreement between the ABC and an employee.
17.3.4 An employee working under a Schedule other than the standard Schedule for
that work area may revert to the standard Schedule with two weeks’ notice
prior to the commencement of the next roster cycle.
17.3.5 The standard Schedule applying in a work area will be the Schedule that
applies to the majority of employees in that work area.
17.3.6 The standard Schedule in a work area may be varied with the agreement of
the ABC and the majority of employees in that defined area.
17.4 Method of Payment
17.4.1 Unless otherwise agreed between the ABC and the majority of employees,
employees will be paid fortnightly.
28 ABC Enterprise Agreement 2022 - 2025
17.4.2 The fortnightly rate of pay will be calculated by applying the following formula:
• Fortnightly Pay = Annual salary x 12
313
17.5 Salary Sacrifice
17.5.1 Subject to the provisions of this subclause, an employee may choose to
sacrifice part of their base cash salary for non-cash benefits under an
approved scheme consistent with ABC requirements in relation to salary
sacrifice and subject to compliance with relevant Government directives and
taxation legislation.
17.5.2 Participation in the scheme will not affect an employee’s salary for
superannuation or any other purpose.
17.5.3 Any money owed to the ABC as a result of an employee participating in the
scheme must be repaid before the employee leaves the ABC.
17.5.4 Participation in the scheme will be entirely voluntary and employees will be
responsible for obtaining their own financial advice regarding salary sacrifice.
As not all options have necessarily beneficial financial outcomes, employees
are strongly recommended to seek independent financial advice.
17.6 Superannuation
The ABC will make compulsory employer superannuation contributions on behalf of
employees in accordance with relevant legislation and applicable fund rules.
18. Classifications
18.1 Definitions
18.1.1 Employees will be classified according to the following definitions:
Classification Definition
Content Maker
Reflects the integrated and specialist nature of ABC content making
and includes all functions inherent in the commissioning, gathering,
production, presentation, delivery and management of content and
content-related services.
Technologist
Reflects the integrated and specialist nature of work involved in the
design, development, installation and maintenance of ABC
broadcasting and information technology systems.
Administrative &
Professional
Reflects the integrated and specialist nature of work involved in the
provision of business, marketing and related professional and
administrative services throughout the ABC.
ABC Enterprise Agreement 2022 - 2025 29
18.2 Work Level Standards
18.2.1 Employees will be graded in one of nine salary bands in accordance with the
Work Level Standards applying to each classification.
18.3 Performance of Work
18.3.1 An employee may be required to perform a broader range of functions and/or
move between functions and work areas within the limits of their competence,
training and classification. The requirement to perform work in accordance
with this subclause will be consistent with the ABC’s obligation to provide a
healthy and safe working environment and will not be designed to promote
deskilling.
18.3.2 Subject to statutory requirements, the absence of formal qualifications will not
of itself be a barrier to the consideration of task broadening/mobility options.
Rather, attention will be paid to the employee’s knowledge, skills and
experience in being able to meet operational requirements, and to the
employee’s development needs and career aspirations identified in the
performance management and development system.
19. Salary Progression
19.1 Progression to a Higher Band
19.1.1 Progression from one salary band to a higher band will constitute promotion
and may occur at any point in the year as a result of:
a. an employee being appointed to a vacant position;
b. the ABC redesigning an employee's position at a higher band; or
c. When a “P” rating is given in accordance with Part G - Performance
Management
19.2 Progression Within a Band
19.2.1 Progression within a salary band may occur in accordance with Part G –
Performance Management.
20. Higher Duties Allowance
20.1.1 An employee who is temporarily required to perform duties commensurate
with a higher salary band for a continuous period of three days or more, or at
least one day per week for at least three consecutive weeks will be paid an
allowance commensurate with the higher band.
20.1.2 Authorised leave (excluding long service leave) occurring during a period of
approved higher duties will be paid at the higher rate.
30 ABC Enterprise Agreement 2022 - 2025
21. Exemption from Certain Provisions of this Agreement
21.1 Salary Package
21.1.1 The ABC and an employee (or the employee’s representative) may negotiate
a salary package to meet circumstances for a defined period where this
Agreement does not provide sufficient flexibility to satisfy a particular activity.
21.1.2 ‘Salary package’ may include one or more of the following elements: base
salary, hours of work (including arrangement of hours and free days), rosters
and changes to rosters, special rates, shift penalties, overtime, additional
annual leave, public holidays, allowances and/or non-cash benefits.
21.1.3 Salary determined for salary packaging purposes shall be regarded as salary
for superannuation purposes in accordance with the relevant legislation.
21.1.4 The salary package, to the extent of any inconsistencies, will override the
terms and conditions of this Agreement in all matters except average weekly
ordinary hours and annual leave, provided that the terms and conditions of
the salary package will, on balance, result in the employee being better off
overall than the employee would otherwise be under the terms and conditions
of this Agreement.
21.1.5 The employee will be advised of their right to representation in negotiating
the package. Any agreement will be in writing.
21.2 Annual Buyout of Penalties, Allowances and/or Overtime
21.2.1 By agreement with the ABC, an employee in Band 4 and above may be paid
a loading (buyout) in lieu of one or more of the following elements: hours of
work (including arrangement of hours and free days), rosters and changes to
rosters, special rates, shift penalties, overtime and/or allowances, provided
that:
a. minimum free days per fortnight will be not less than four;
b. the loading will, on balance, result in the employee being better off
overall than the employee would otherwise be under the terms and
conditions of this Agreement; and
c. the loading will be regarded as salary for superannuation purposes in
accordance with the relevant legislation.
21.2.2 Such agreement will be in writing and will state which payments are displaced
by the loading and by what amount. The employee will be advised of their
right to representation in negotiating the agreement.
ABC Enterprise Agreement 2022 - 2025 31
21.2.3 Prior to entering into such an agreement, the employee will be advised of an
estimate of the payments they would have been entitled to for the prospective
year based, as far as possible, on the pattern of hours they will be expected
to work.
21.2.4 If the employee’s pattern of ordinary hours of work changes during the period
of the agreement or the loading is found to be wrongly calculated or
extraordinary events have intervened, the level of loading may be reviewed
and the rate changed by agreement to reflect the new circumstances. Failing
this, the buyout agreement may be terminated by either the employee or the
ABC two weeks prior to the commencement of the next roster cycle.
21.2.5 The buyout agreement will last for a period of 12 months at which time the
level of loading will be reviewed or either party may terminate and revert to
the conditions contained in this Agreement.
21.2.6 The loading will be payable during all periods of paid leave (other than long
service leave), provided that payment of the loading during personal/carers
leave will be capped at one month per annum.
21.3 Buyouts on Short Term Distant Assignments and Special Events
21.3.1 For short term distant assignments, or on the coverage of special events, an
employee involved in these activities may, for a specified period of time, be
paid a buyout, which may include one or more of the following elements:
hours of work (including arrangement of hours and free days), rosters and
changes to rosters, special rates, shift penalties, overtime, public holidays
and/or allowances.
21.3.2 The buyout will be calculated on the basis of an assessment of anticipated
hours and work patterns over the specified period, and will be mutually
agreed in writing between the ABC and the employee (or the employee’s
representative).
21.3.3 Periods of leave taken in conjunction with the assignment will not attract the
buyout.
21.3.4 The buyout agreement may be terminated by either the employee or the ABC
two weeks prior to the commencement of the next roster cycle.
21.4 Conditions on Arrangements
21.4.1 For the purposes of subclauses 21.1, 21.2 and 21.3, any salary packaging,
annual buyouts of penalties, allowances and overtime and buyouts on short
term distant assignments and special events (Arrangements) made must:
a. set out the terms of the Agreement the effect of which are varied;
32 ABC Enterprise Agreement 2022 - 2025
b. be about matters that would be permitted matters if the Arrangements
were an enterprise agreement;
c. not include a term that would be an unlawful term if the Arrangements
were an enterprise agreement;
d. be genuinely agreed to by the employer and employee;
e. result in the employee being better off overall than the employee
would have been if no Arrangements were agreed to;
f. be in writing and be signed:
i. in all cases by the employee and the ABC; and
ii. if the employee is under 18 – by a parent or guardian of the
employee.
For the avoidance of doubt, this does not affect the operation of any salary
packaging or buy out entered into prior to the operation of the ABC Enterprise
Agreement 2016 - 2019 under any previous enterprise agreement which
continue to operate under this Agreement.
21.5 Excluded Employees
21.5.1 Band 9 employees who are in receipt of an annual salary equal to or greater
than Rate ‘A’ as specified in Schedule A or Schedule B shall be exempt from
the application of:
a. the provisions of Part H – Hours of Work, Penalties and Overtime of
this Agreement; and
b. any other provisions of this Agreement with the agreement of the
employee.
21.5.2 Band 7, 8 and 9 employees who are in receipt of an annual salary equal to or
greater than Rate B, being an amount 25% above the annual minimum salary
rate for the employee’s pay point under Schedule A or Schedule B as stated
in their contract of employment, shall be exempt from the application of the
following provisions of this Agreement:
a. Part H – Hours of Work, Penalties and Overtime, except for subclause
26.2.3 and subclause 27.2.3 (consecutive days worked) and
subclause 27.3.1d (RFDs for Christmas Day and Good Friday);
b. subclause 15.4 (additional part-time hours and overtime);
c. clause 28 (meal allowance);
d. subclause 37.1.3 (additional annual leave for Sundays worked);
ABC Enterprise Agreement 2022 - 2025 33
e. clause 38 (annual leave loading);
f. subclause 39.4 (days off in lieu of public holidays); and
g. Schedule D (transitional meal allowance).
21.5.3 Band 4, 5 and 6 employees who are in receipt of an annual salary equal to or
greater than Rate B as defined in subclause 21.5.2, as stated in their contract
of employment, may agree with the ABC to opt to be on a Rate B salary
arrangement by giving the ABC 28 days’ notice in writing. An employee who
exercises this option will be exempt from the provisions specified in
subclause 21.5.2.
21.5.4 An employee who is employed at the commencement of this Agreement and
is not on a buyout will be exempt from subclauses 21.5.2 and 21.5.3, unless
otherwise agreed with the ABC.
21.5.5 An employee starting employment after the commencement of this
Agreement to whom subclause 21.5.2 applies will be provided with an
indicative pattern of hours at the time of their engagement. The indicative
pattern of hours will include anticipated ordinary hours, anticipated time off
and will have regard to:
a. the ABC’s operational requirements;
b. the need for employees to balance their work and private
responsibilities; and
c. the ABC’s ‘duty of care’ and other obligations flowing from relevant
WHS and EEO legislation.
21.5.6 A part-time employee on a Rate B salary who works an extra shift on a day
that is in excess of their contracted hours will be paid a pro-rated amount of
their annual salary in relation to the hours of work for that shift, plus a 20%
loading in lieu of accrual of annual and personal/carer’s leave.
21.5.7 An employee on a Rate B salary undertaking a distant assignment or covering
a special event may have discussions with their manager, and may agree
with the ABC that during the period of the assignment, their Rate B salary will
be increased by an agreed amount.
21.5.8 An employee on a Rate B salary arrangement may opt to terminate the
arrangement by giving the ABC 28 days’ notice in writing. A notice given at
least 14 days prior to the commencement of the Agreement will have the
effect of terminating the Rate B salary arrangement upon commencement of
the Agreement. An employee whose Rate B salary arrangement is
terminated:
34 ABC Enterprise Agreement 2022 - 2025
a. will be paid their entitlements in accordance with this Agreement for
no less than their applicable pay point and hours worked, plus any
applicable market allowance, as per the terms of their contract
immediately prior to commencing a Rate B salary arrangement;
b. will not be subject to clause 21.5.2; and
c. can only resume a Rate B salary arrangement at the sole discretion
of the ABC, and such exercise of discretion will not be subject to Part
O – Settlement of Grievances and Disputes.
21.5.9 Unless terminated in accordance with subclause 21.5.7, an employee on a
Rate B salary arrangement will continue on that arrangement unless and until
the employee agrees to or accepts a different role (other than where an
employee is moving to a higher band as part of an appraisal or a P rating or
the role is modified at the same band as part of major workplace change),
including a temporary transfer. If an employee on a temporary transfer
resumes their substantive role at the end of the transfer, the Rate B salary
arrangement will resume.
21.6 Averaging of Shift Penalties
21.6.1 The parties to this Agreement may consider proposals to average shift
penalties for a work area over a predefined period.
21.6.2 Where the parties agree, composite pay reflecting such proposals may apply
on the basis that costs will be comparable to the costs of such payments
made under Part H - Hours of Work, Penalties and Overtime.
22. Supported Wages for employees with disabilities
22.1 The ABC may employ eligible employees under the supported wage system in
accordance with the provisions of Schedule F.
ABC Enterprise Agreement 2022 - 2025 35
Part G Performance Management
23. Performance Management
23.1 Application
23.1.1 Ongoing employees, employees engaged on Nominated Long Term
Specified Task Employment, employees engaged on Nominated Long Fixed
Term Employment and employees on Phased Retirement Employment will
participate in the performance management system.
23.1.2 Employees who have been engaged in the same role for 12 months on a
fixed term or specified task basis and:
a. are offered a further fixed term/specified task engagement or
extension continuous with their previous fixed term/specified task
engagement; and
b. are offered that further fixed term/specified task engagement or
extension in the same role,
will participate in the performance management system.
23.2 Performance Cycle
23.2.1 The performance cycle is generally the 12 month period during which the
employee’s job is planned, regular feedback is given and received, and the
employee’s performance is formally appraised.
23.2.2 The common deadline for completing appraisal meetings in respect of the
completed performance cycle (Appraisal Due Date) will be 1 March each
year, unless the ABC has determined that an alternative date should apply.
23.3 Tracking and Feedback
23.3.1 The manager and employee will monitor progress and provide ongoing
feedback throughout the performance cycle on what has been achieved
against the employee’s Job Plan.
23.3.2 The manager and employee will participate in developing the Job Plan which
will provide a clear description of the employee’s performance requirements,
in accordance with the Work Level Standards and Individual Learning and
Development Plan for the forthcoming performance cycle.
23.4 Appraisal Meeting
23.4.1 On or prior to the Appraisal Due Date, the manager and employee will meet
to formally review the employee’s performance and development over the
previous performance cycle (Appraisal Meeting), the employee’s Job Plan
36 ABC Enterprise Agreement 2022 - 2025
and the employee’s upcoming Job Plan. Provided that where an employee is
unavailable because of leave (including because the employee is on parental
leave or is absent due to long term illness or injury), the Appraisal Meeting
will be held as soon as possible on their return from leave.
23.5 Appraisal Outcome
23.5.1 The provisions of this subclause do not apply where:
a. the employee has been working to their Job Plan for less than six
months during the performance cycle;
b. the employee has been absent on leave in excess of six months
during the performance cycle, subject to subclause 23.5.4; or
c. the employee has been promoted or transferred with a salary increase
within six months prior to the end of the performance cycle.
23.5.2 Following the appraisal meeting, the manager will evaluate the employee’s
performance against the requirements of the Job Plan and the Work Level
Standards. They will advise the employee of same in writing and use their
best endeavours to do so within 30 days. Performance will be rated in
accordance with the following definitions:
Rating Description
U Unsatisfactory
Performance fails to meet minimum requirements within the
current band. Before an employee is given a ‘U’ rating, a
manager will commence the process under subclause 23.7 and
subclause 23.5.3.a will apply.
GNM Goals Not Met
Performance does not meet some requirements within the
current band and subclauses 23.5.3.b and 23.5.8 will apply.
M Meets
Performance meets all requirements within the current band and
subclause 23.5.3.c.i will apply.
E Exceeds
Performance exceeds all or most requirements within the current
band and subclauses 23.5.3.c.ii, 23.5.3.d or 23.5.3.e will apply.
P Promote
Performance meets requirements within the next, higher band.
Available in Bands 1 – 6.
23.5.3 The rating will be used to govern salary advancement where appropriate,
either within the current salary band or to the next higher band in accordance
with the Job Plan. The following principles will apply:
a. No salary increase will be payable to employees who are rated ‘U’.
ABC Enterprise Agreement 2022 - 2025 37
b. No salary increase will be payable to employees who are rated ‘GNM’
subject to 23.5.8 below.
c. Employees in Bands 1 to 6 will be advanced:
i. one salary point within their current band with a rating of ‘M’;
ii. two or more salary points within their current band with a rating
of ‘E’; or
iii. to the next, higher band with a rating of ‘P’ where their Job Plan
has been revised for the next cycle, setting the employee’s role
at the higher band.
d. Employees in Bands 7 to 8 will be advanced within their current band
with a rating of 'E'.
e. Employees in Bands 1 to 8 who are already at the top of their band at
the time of the Appraisal Due Date and receive an ‘E’ rating will
receive a bonus which is equivalent to 2% of their base rate.
23.5.4 Where the employee is not eligible for an appraisal outcome under this
subclause 23.5 because the employee has been absent on parental leave or
leave due to long-term illness or injury, they will receive an ‘M’ rating.
23.5.5 Employees returning to work from parental leave or long-term illness or injury
will meet with their manager to formally review their performance and
development over their previous performance cycle and the employee’s Job
Plan no later than six months after returning to work.
23.5.6 Salary for employees in Band 9 will be at the discretion of management.
23.5.7 Any salary increases resulting from an Appraisal will be paid with effect from
the first pay period on or after the Appraisal Due Date that year. Any bonus
resulting from an Appraisal will be paid in the first pay period on or after the
Appraisal Due Date, unless the ABC determines that an alternative date
should apply.
23.5.8 Despite 23.5.3.b. above, if an employee in Band 1 to 6 who is eligible to be
advanced under the current salary band has been rated GNM under
subclause 23.5.2 in respect of a Performance Cycle;
a. The employee’s manager will conduct a review on or around three
months after the Appraisal Due Date (GNM Review);
b. If at the time of the GNM Review, the employee meets all the
requirements of the Job Plan and the Work Level Standards, the
employee will be advanced one salary point within their current band;
and
38 ABC Enterprise Agreement 2022 - 2025
c. Any salary increase under this subclause will be paid with effect from
the first full pay period backdated to three months after the Appraisal
Due Date.
23.6 Reconsideration, Appeal and Dispute Resolution
23.6.1 Disputes regarding:
a. a salary outcome or rating of an Appraisal; or
b. an employee who believes that they have regularly been performing,
and were required to perform, tasks beyond the level specified in their
Job Plan;
will be dealt with in accordance with subclause 60.4 Reconsideration and
Appeal Against an Appraisal Decision.
23.7 Managing Underperformance
23.7.1 Discussions about work performance may be held at any time as part of the
ongoing tracking and feedback process. Where a problem with an
employee’s performance is identified and the manager determines that formal
processes need to be applied, the manager will:
a. advise the employee in writing that an underperformance issue/s
needs to be addressed;
b. inform the employee in writing of the performance standards they are
expected to achieve and the area/s of performance they need to
improve. These standards will be set fairly and be consistent with the
Work Level Standards;
c. provide an opportunity for the employee to respond so that all relevant
matters can be considered, including any possible changes to the
performance standards expected and any requests by the employee
for training, coaching, re-arrangement of duties or changes to the work
environment;
d. set a reasonable period over which the employee’s performance will
be monitored and a date for review having regard to (c) above; and
e. advise the employee of the likely consequences if the employee does
not meet the required standard, including that the ABC may take
action under subclause 23.9.3.
23.8 Assessment at Review Date
23.8.1 If, at the review date, the ABC:
ABC Enterprise Agreement 2022 - 2025 39
a. determines that the employee’s performance has improved to a
satisfactory standard, then appropriate recognition will be provided
and the process will be closed; or
b. considers that adequate progress has not been made, the ABC:
i. may decide to transfer the employee to another function or
work area with the employee’s agreement;
ii. will follow the steps outlined in subclause 23.9; or
iii. prior to commencing underperformance in accordance with
subclause 23.9 below, where the employee’s role has
significantly altered at the initiative of the ABC as a result of
technological change, or changes to work practices, the
manager in conjunction with a representative of People &
Culture will consider whether all reasonable effort has been
made by the employee to adapt to the altered role. Where,
despite all reasonable effort, the employee is unable to perform
the altered role to the required standard of performance, the
employee will be considered redundant and managed in
accordance with Part M – Redundancy.
23.9 Failure to Remedy Performance
23.9.1 If it is determined that the employee’s performance remains unsatisfactory,
the employee will be formally notified that they have failed to remedy their
performance and will be asked to give reasons as to why the ABC should not
take action in accordance with subclause 23.9.3. The notification will identify
all concerns relating to the employee’s performance and will provide an
opportunity for the employee to respond at a meeting or in writing in relation
to the performance concerns and the proposed action to be taken under
subclause 23.9.3.
23.9.2 If a satisfactory response is provided by the employee, the ABC may provide
the employee with a further opportunity to address the performance concerns
and advise the employee of a new review date. Subclause 23.8 will then apply
at that new review date.
23.9.3 If a satisfactory response is not provided, the delegate may:
a. redesign the employee’s position to an equal or lower salary band;
b. transfer the employee to another position at an equal or lower salary
band; or
40 ABC Enterprise Agreement 2022 - 2025
c. dismiss the employee with due notice, or payment in lieu, in
accordance with the relevant provisions of clause 57 Termination of
Employment.
23.9.4 At any stage during the above process the employee may choose to be
accompanied or represented.
ABC Enterprise Agreement 2022 - 2025 41
Part H Hours of Work, Penalties and
Overtime
24. General Conditions Relating to Hours, Penalties and Overtime
24.1 Application
24.1.1 All employees shall, to the extent applicable, be covered by the provisions of
this clause.
24.1.2 This clause should be read in conjunction with the specific conditions on
hours of work, penalties and overtime contained in the following clauses:
• Clause 25 Schedule A (Non-Rostered) Employees
• Clause 26 Schedule A (Rostered) Employees
• Clause 27 Schedule B Employees
24.2 Calculation of Hours Worked
24.2.1 Except on a distant assignment, an employee’s hours of ordinary duty will be
continuous on any day. For the purposes of this clause:
a. an unpaid meal break will not break continuity;
b. any reasonable additional time involved in travelling directly to and
from a location that is not the employee’s usual workplace shall be
counted as hours worked.
24.3 General Overtime Conditions
24.3.1 Directions
a. The ABC may require an employee to work overtime and the
employee shall work such overtime as may reasonably be required
from time to time.
b. Overtime will be worked with the prior direction of the manager or, if
the circumstances do not permit prior direction, the subsequent
approval in writing by the manager. Such subsequent approval will not
be unreasonably withheld.
c. The ABC will not request or require an employee to work overtime
under this subclause where the overtime would be unreasonable
having regard to the factors for determining whether additional weekly
hours are reasonable as set out in section 62(3) of the Act.
42 ABC Enterprise Agreement 2022 - 2025
24.3.2 Maximum overtime rate
a. Overtime payments are calculated on the basis of the employee’s
ordinary rate of pay, provided that:
i. if the rate is in excess of ABC salary point 31, payments will be
based on ABC salary point 31; and
ii. for the purpose of calculating a salary package, an individual
flexibility arrangement or a buyout arrangement, the additional
payments prescribed in this subclause will be calculated on the
employee's minimum rate of pay under this Agreement and
market allowance, if any.
24.3.3 Calculation
a. An employee’s salary for the purpose of computation of overtime shall
include any allowance which is specified to count as salary.
b. The hourly rate for payment of overtime shall be obtained by applying
the following formulae:
Time and a half rate Annual salary x 6 x 3
313 38 2
Double time rate Annual salary x 6 x 2
313 38 1
Double time and a half rate Annual salary x 6 x 5
313 38 2
c. No overtime shall be payable unless the excess duty totals 15 minutes
or more.
24.3.4 Minimum payment
a. Where an employee is required to perform overtime duty which is not
continuous with ordinary duty, the minimum payment for each
separate overtime attendance shall be for 4 hours at the prescribed
overtime rate.
b. For the purpose of determining whether an overtime attendance is or
is not continuous with ordinary duty, or is not separate from other duty,
meal periods shall be disregarded.
c. Where an overtime attendance not continuous with ordinary duty
involves duty both before and after midnight, and a higher overtime
rate applies on one of the days, the minimum payment shall be
calculated at the higher rate.
d. The provisions of this subclause do not apply to emergency duty.
ABC Enterprise Agreement 2022 - 2025 43
24.4 On-Call Arrangements
24.4.1 The ABC may employ an employee whose role includes on-call work (On-
Call Employee).
24.4.2 Any introduction of on-call arrangements for employees whose role does not
include on-call work at the Commencement Date of this Agreement will be
subject to the employee’s agreement.
24.4.3 On-Call Employees who are required by the ABC to be on-call (including by
being rostered to be on-call) will receive an allowance as follows:
Monday to Friday $50 per day or part thereof
Saturday or Sunday $125 per day or part thereof
Public holiday $170 per day or part thereof
24.4.4 From the first full pay period on or after 1 October 2023, the allowance rates
in subclause 24.4.3 will increase in accordance with percentage increases to
minimum rates of pay as set out in subclause 17.1 of this Agreement.
24.4.5 An on-call allowance will not be payable to an employee who does not remain
contactable and at the required degree of readiness to perform work as
required.
24.4.6 On-Call Employees who are required to perform work, and can do so from
home will be paid at overtime rates for the time worked, subject to the
following:
a. A one-hour minimum payment will be payable for the total work
performed during each On-Call Period;
b. if an employee receives a second call, or multiple calls, within an hour
after the start of the first call, the work time will be calculated from the
start of the first call, until the end of the final call;
c. if an employee receives a call more than an hour after the start of the
first call, then a second one-hour minimum payment will be due;
d. the minimum payments in this subclause will not apply where
subclause 24.4.7 applies;
e. the provision for payment at double time for duty performed in excess
of a spread of 12 hours in subclause 26.10.3 does not apply.
24.4.7 On-Call Employees who are required to leave home and attend ABC
premises to perform work will be paid at applicable overtime rates, subject to
a four-hour minimum payment.
44 ABC Enterprise Agreement 2022 - 2025
24.4.8 Insufficient Break
a. An insufficient break penalty will be payable to a rostered employee if
the employee has not had a break of at least 8 hours (plus any
reasonable travel time, if applicable) before the conclusion of the on-
call work and the commencement of ordinary duty.
b. This subclause also applies to non-rostered employees in the Product
& Technology division.
c. No insufficient break penalty will be payable if the employee has had
a period of 8 consecutive hours (plus any reasonable travel time, if
applicable) during their period on-call with no work, or the manager
has asked the employee not to attend work until the employee has
had a sufficient break.
d. The rate of payment of insufficient break penalty is 100% additional
for all ordinary duty hours worked before the expiration of 8 hours, plus
any reasonable travel time, if applicable.
e. Apart from the penalty set out in this subclause, no other insufficient
break penalties apply in relation to, or arising from, on-call work.
24.4.9 For the avoidance of doubt, this subclause is a complete compensation
mechanism for employees on-call, and/or performing on-call work. For the
purposes of this subclause 24.4 (both in relation to being on-call, and
performing work while on-call), other provisions of this Agreement including
clauses 25 (Schedule A non-rostered), 26 (Schedule A rostered) and 27
(Schedule B), do not apply.
24.4.10 This subclause 24.4 does not apply to planned or scheduled overtime.
24.4.11 For the avoidance of doubt, this subclause 24.4 provides for the minimum
terms and conditions in relation to on-call arrangements. On-call
arrangements that provide for more beneficial terms and conditions may be
agreed.
24.5 Limitations on Additional Payments
24.5.1 No payments made under the provisions of this Agreement shall exceed in
total the rate of double time, except in the case of payments made in respect
of duty performed on a public holiday, in which case payments shall not
exceed in total two and a half times the salary rate.
ABC Enterprise Agreement 2022 - 2025 45
25. Schedule A (Non Rostered) Employees
25.1 Application
25.1.1 This clause applies to Schedule A (Non Rostered) employees and should be
read in conjunction with the provisions of clause 24 General Conditions
Relating to Hours, Penalties and Overtime.
25.1.2 Schedule A employees will be regarded as Non Rostered employees if they
are not required to perform ordinary duty outside the period 8.00 am to 6.00
pm Monday-Friday and/or on Saturday or Sunday for an on-going or fixed
period.
25.2 Hours of Work
25.2.1 Arrangement of hours
The ordinary hours of work for a full-time employee will be 76 hours per two
week cycle to be worked Monday to Friday.
25.2.2 Standard Day
a. The standard day for a full-time employee will be 7 hours 36 minutes,
with starting and finishing times to be determined by the ABC within
the limits of 8.00 am to 6.00 pm.
b. An unpaid meal break of 60 minutes shall be given each day between
the hours of midday and 2.00 pm.
25.2.3 Flexitime
An employee may vary their starting and finishing times and the period they
work each day in accordance with the following flexitime provisions:
a. Working arrangements will be subject to operational requirements and
the approval of the manager;
b. Start and finish times will be within the bandwidth 7.00 am to 7.00 pm;
c. Core time will be between the hours of 10.00 am and midday and 2.00
pm and 4.00 pm, provided that an unpaid meal break of at least 30
minutes shall be taken each day between the hours of midday and
2.00 pm (NB. Core time means the period during the day when an
employee will perform ordinary duty, unless absent on approved leave
or approved core time absence);
i. attendance will be monitored over a 2 week cycle;
ii. an employee may accumulate up to a maximum of 10 hours in
a cycle and carry this over to the next cycle;
46 ABC Enterprise Agreement 2022 - 2025
iii. where the accumulated flexi debit (current shortfall plus carry
over from the previous cycle) exceeds 10 hours at the end of
the cycle, the excess hours will be without pay; and
iv. credit flexidays, or parts thereof, may be taken by the
employee with the approval of the manager, provided that total
core time absence in any cycle must not exceed the core time
for a single day.
25.2.4 Approved core time absence (refer to 25.2.3.c for definition of core time):
a. An employee must not be absent during core time unless on approved
leave or with a manager’s approval. A core time absence must not
exceed the core time for a single day in any two week cycle. Core time
absences may be used for a full day absence or part day absences.
b. Core time absence should be permitted only where an employee has
sufficient flexi credit to cover the core time absence. This would not
prevent an employee going into flexi debit as a result of a full day
absence. This subclause will not prevail where the ABC, having regard
to operational requirements, determines otherwise.
25.2.5 Cessation of flexitime
The ABC may direct an employee or group of employees to revert to the
hours of a standard day, where this is necessary because of essential work
requirements or because an employee or group of employees have failed to
comply with the provisions of flexitime.
25.3 Flexible Working Hours Agreements
25.3.1 Local agreements on the operation of flexitime may be made by agreement
between a defined group of employees or an individual employee and the
ABC.
25.3.2 Such agreements will be in writing and may be terminated by the employee
or the ABC with two weeks’ notice.
25.4 Public Holidays
25.4.1 An employee shall be paid an additional 150% of their ordinary rate of pay for
ordinary duty worked on a public holiday with a minimum payment of four
hours (subject to subclause 39.5.2 in the case of a half day public holiday).
25.4.2 The additional payments prescribed in this subclause are calculated on the
basis of the employee’s ordinary rate of pay, provided that:
a. if the rate is in excess of ABC salary point 31, payments will be based
on ABC salary point 31; and
ABC Enterprise Agreement 2022 - 2025 47
b. for the purpose of calculating a salary package, an individual flexibility
arrangement or a buyout arrangement, the additional payments
prescribed in this subclause will be calculated on the employee's
minimum rate of pay under this Agreement.
25.5 Overtime
25.5.1 Overtime is defined as follows:
a. For an employee working a standard day;
i. all work performed in excess of 7 hours 36 minutes, Monday to
Friday (including Public Holidays); and
ii. all work performed on a Saturday or Sunday.
b. For an employee working flexitime;
i. all work performed outside the flexitime bandwidth, Monday to
Friday (including Public Holidays); or
ii. all work performed outside the pre-arranged pattern of daily
hours of ordinary duty during the flexitime bandwidth, Monday
to Friday (including Public Holidays); and
iii. all work performed on a Saturday or Sunday.
25.5.2 Payment in respect of any period of overtime, as defined, will not be made
more than once.
25.5.3 The following overtime rates apply:
Monday to Friday time and a half for the first three hours and double time
thereafter
Saturday and Sunday double time
Public Holidays double time and a half
25.6 Emergency Duty
25.6.1 Where an employee is required to attend work and deal with an emergency
at a time when they would not normally be at work, and no notice was given
to them prior to ceasing work, they shall be paid for such emergency duty at
the rate of double time. Payment will include time spent necessarily travelling
to and from work.
25.6.2 The minimum emergency duty payment shall be for two hours.
48 ABC Enterprise Agreement 2022 - 2025
26. Schedule A (Rostered) Employees
26.1 Application
26.1.1 This clause applies to Schedule A (Rostered) employees and should be read
in conjunction with the provisions of clause 24 General Conditions Relating
to Hours, Penalties and Overtime.
26.1.2 Schedule A employees will be regarded as Rostered employees if they are
required to perform ordinary duty outside the period 8.00 am to 6.00 pm
Monday- Friday and/or on Saturday or Sunday for an ongoing or fixed period.
26.2 Hours of Work
26.2.1 Arrangement of hours
a. Full-time employees will work an average of 38 ordinary duty hours
per week on the following basis:
i. on no more than 10 days over a two week cycle; or
ii. on no more than 19 days over a four week cycle.
b. The arrangement of hours (i.e. two or four weeks) will be determined
by the ABC having regard to:
i. operational requirements;
ii. the need for employees to balance their work and private
responsibilities; and
iii. the ABC’s ‘duty of care’ and other obligations flowing from
relevant WHS and EEO legislation.
26.2.2 Daily hours
a. Daily ordinary hours will be no less than 7 and no more than 10
(excluding meal breaks), provided that daily ordinary hours may be as
little as four for:
i. staff working on radio presentation/production shifts:
A. on weekends and public holidays;
B. for outside broadcasts; or
C. for the recording and/or live broadcast of live music
performances; and
ii. any employee who agrees to a shorter shift under an individual
flexibility agreement under clause 12
ABC Enterprise Agreement 2022 - 2025 49
b. Daily ordinary hours may be worked on any day Monday to Sunday
inclusive.
26.2.3 Consecutive days worked
The number of consecutive days worked should, where practicable, be
limited to seven, and in any case (except on a distant assignment) will not
exceed 12.
26.2.4 Break between shifts
An employee will be entitled to a minimum break of 11 hours between
finishing duty on one day and the resumption of ordinary duty.
26.2.5 Meal and Crib Breaks
a. Unpaid meal breaks shall not be less than 30 minutes and not more
than 60 minutes’ duration. Crib breaks counting as time on duty shall
be less than 30 minutes but not less than 15 minutes’ duration.
b. As far as practicable meal breaks should be allowed during the
following recognised meal periods:
• 7.00 am to 9.00 am
• Noon to 2.00 pm
• 5.00 pm to 7.00 pm
• Midnight to 1.00 am
c. As far as practicable, periods of duty should not exceed 5 hours
without either a meal or crib break, but in any case will not exceed 6
hours.
26.3 Rostered Free Days (RFDs)
26.3.1 Entitlement
a. Where a two weekly cycle is worked, an employee will receive a
minimum of four Rostered Free Days (RFDs), with at least two days
consecutive.
b. Subject to 26.3.1.c, where a four weekly cycle is worked, an employee
will receive a minimum of nine RFDs arranged so that:
i. at least two sets of consecutive days are granted, one of three
RFDs and one of two RFDs; or
ii. at least three sets of two consecutive days are granted.
c. The ABC may allow an employee on a four weekly cycle to
accumulate or anticipate one RFD in each cycle up to a maximum of
50 ABC Enterprise Agreement 2022 - 2025
five. In such cases the employee will receive a minimum of eight RFDs
with at least two sets of two days consecutive.
26.3.2 Definition of RFD
a. In this clause, Rostered Free Day (RFD) means a day (24 hours)
during which an employee is not required to attend for duty or hold
themselves available for duty.
b. Where a single RFD is given, an additional break of 11 hours shall be
provided between the time at which the employee finishes work
(irrespective of whether that work is ordinary duty or overtime) and the
commencement of the 24 hours of the RFD. Where two or more
consecutive RFDs are given, this additional break will be reduced to
eight hours.
26.4 Flexible Working Hours
26.4.1 Local agreements providing for alternative arrangements of hours and free
days may be made in the workplace by agreement between a defined group
of employees or an individual employee and the ABC, provided that, over an
agreed period:
a. average fortnightly hours will not exceed 76; and
b. minimum free days per fortnight will be not less than four.
26.4.2 Local arrangements may include a net hours arrangement under which an
employee performs their ordinary hours of work flexibly within a net span of
hours. Such arrangements may be agreed between an individual employee
and the ABC provided that:
a. the conditions in 26.4.1 a and b are met; and
b. the net span of hours does not exceed 6.30am to 6.00pm.
26.4.3 Employees will be advised of their right to be accompanied by a
representative in negotiating the agreement.
26.4.4 Any agreement will be in writing and may be terminated by the employee or
the ABC with two weeks’ notice.
26.5 Rosters and Changes to Rosters
26.5.1 Rosters will be made available to employees at least seven days in advance
of the fortnight to which they refer.
26.5.2 Rosters will be designed to meet:
a. operational requirements;
ABC Enterprise Agreement 2022 - 2025 51
b. the need for employees to balance their work and private
responsibilities; and
c. the ABC’s ‘duty of care’ and other obligations flowing from relevant
WHS and EEO legislation.
26.5.3 Rosters will incorporate start and finish times and RFDs.
26.5.4 Except where mutually agreed, an employee will be given at least 72 hours’
notice of a change of shift, including the replacement of an RFD with a shift,
unless the change is due to the unexpected sickness or absence of another
employee, in which case notice shall be given no later than the time of
finishing work on the previous day or, if off duty, not less than 24 hours prior
to the ceasing time of rostered duty on the day of the requirement.
26.5.5 Except where mutually agreed, an employee will be given at least 72 hours’
notice where an RFD is to be rostered in lieu of a rostered shift.
26.5.6 Any changes to rosters with less than 72 hours’ notice will be confirmed with
employees.
26.5.7 This subclause does not apply to employees on a distant assignment.
26.6 Changes to regular rosters or ordinary hours of work
26.6.1 The ABC will consult with employees about a change to their regular roster
or ordinary hours of work.
26.6.2 For the purposes of this subclause 26.6, the ABC will:
a. provide information to the affected employees about the change; and
b. invite affected employees to give their views about the impact of the
change (including any impact in relation to their family or caring
responsibilities); and
c. consider any views that are given by employees.
26.6.3 Employees may be represented for the purpose of consultation under this
subclause 26.6.
26.7 Exchange of shifts
26.7.1 Employees will be permitted to exchange shifts with the approval of the ABC
but such exchange shall not result in the ABC paying any additional penalties
as a direct result of such change.
26.8 Special Rates
26.8.1 General
52 ABC Enterprise Agreement 2022 - 2025
a. Payments prescribed in this subclause are limited to hours of ordinary
duty.
b. The additional payments prescribed in this subclause are calculated
on the basis of the employee’s ordinary rate of pay, provided that:
i. if the rate is in excess of ABC salary point 31, payments will be
based on ABC salary point 31; and
ii. for the purpose of calculating a salary package, an individual
flexibility arrangement or a buyout arrangement, the additional
payments prescribed in this subclause will be calculated on the
employee's minimum rate of pay under this Agreement and
market allowance, if any.
26.8.2 Insufficient notice of roster change
Where an employee is not notified of a roster change in accordance with
subclause 26.5, they will be paid at the rate of 50% additional to the ordinary
rate of pay for that part of the new shift which occurs outside the limits of the
original shift, subject to the difference between the starting or finishing times
of the two shifts being greater than 90 minutes. Provided that any hours
worked in excess of the original number of hours as a result of the roster
change will be treated as overtime in accordance with subclause 26.10.
26.8.3 Work over six hours without a break
If an employee is required to continue on ordinary duty without a meal or crib
break for more than six hours, payment will be made at the rate of 50%
additional until a meal or crib break is given.
26.8.4 Insufficient break between shifts
Subject to the ABC’s Fit for Work Guideline if an employee is required, other
than by mutual agreement, to perform work on a shift of ordinary duty without
a break of 11 hours after finishing work (irrespective of whether that work is
ordinary duty or overtime), payment will be made at the rate of 100%
additional for all ordinary duty hours worked before the expiration of 11 hours.
26.8.5 Insufficient break over RFDs
If the additional break between the time at which an employee finishes work
and the commencement of the 24 hours of a RFD is less than the break
specified in subclause 26.3.2, the gap between the actual break granted and
the specified break will be paid for at the rate of 50% additional to the
employee’s ordinary rate of pay.
26.9 Shift Penalties
ABC Enterprise Agreement 2022 - 2025 53
26.9.1 General
a. Payments prescribed in this subclause shall not be taken into account
in the calculation of overtime or in the determination of any allowance
based on salary, nor shall they be paid with respect to any shift more
than once.
b. Payments prescribed in 26.9.2 and 26.9.3 shall not be payable for
periods of duty for which the provisions of subclause 26.8 Special
Rates apply.
c. Payments prescribed in 26.9.7 (Midnight to Dawn) shall not be
payable for periods of duty for which the provisions of 26.8.4
(Insufficient break between shifts) and 26.8.5 (Insufficient break over
RFDs) apply.
d. The additional payments prescribed in this subclause are calculated
on the basis of the employee’s ordinary rate of pay, provided that:
i. if the rate is in excess of ABC salary point 31, payments will be
based on ABC salary point 31; and
ii. for the purpose of measuring a salary package, arrangement
under an individual flexibility agreement or a buyout
arrangement, the additional payments prescribed in this
subclause will be calculated on the employee's minimum rate
of pay under this Agreement and market allowance, if any.
26.9.2 Monday to Friday Shifts
An employee who is rostered to perform and actually performs ordinary duty
on a shift any part of which falls between the hours of 6.00 pm and 6.30 am
Monday- Friday shall be paid an additional 15% of their ordinary rate of pay
for that shift.
26.9.3 Continuous late shifts
An employee who is rostered to perform and actually performs ordinary duty
for at least four consecutive weeks on a shift falling wholly within the hours of
6.00 pm and 8.00 am, shall be paid an additional 30% of their ordinary rate
of pay for each Monday to Friday shift during that period.
26.9.4 Saturday
Payment shall be made at the rate of 50% additional for all ordinary duty
performed on a Saturday.
26.9.5 Sunday
54 ABC Enterprise Agreement 2022 - 2025
Payment shall be made at the rate of 100% additional for all ordinary duty
performed on a Sunday.
26.9.6 Public Holiday
Payment shall be made at the rate of 150% additional for all ordinary duty
performed on a public holiday with a minimum payment of four hours (subject
to subclause 39.5.2 in the case of a half day public holiday).
26.9.7 Midnight to Dawn
Payment shall be made at the rate of 50% additional for all ordinary duty
performed between midnight and 6.00 am on any day other than Saturdays,
Sundays and public holidays.
26.10 Overtime
26.10.1 Overtime is defined as all work performed:
a. in excess of daily rostered hours;
b. in excess of 10 hours on any day;
c. in excess of an average of 38 hours per week over a two or four week
cycle;
d. on a cancelled rostered free day (CRFD) for which no substitute is
provided (subject to 24.3.4);
e. on each day that falls outside a limit of 12 consecutive days worked
(except on a distant assignment);
f. on a shift that is not continuous with ordinary duty on any day (subject
to 24.3.4) except on a distant assignment.
26.10.2 Payment in respect of any period of overtime, as defined, will not be made
more than once.
26.10.3 Overtime rates
Monday to Friday time and a half for the first three hours and double time
thereafter. Provided that duty performed in excess of a spread
of 12 hours (including meal breaks) will be paid at double time.
Saturday and Sunday double time
Public Holidays double time and a half
26.10.4 Time off in lieu of overtime
a. By mutual agreement, time off in lieu of overtime may be accumulated
and taken on an hour for hour basis (i.e. one hour's overtime = one
hour's time off).
ABC Enterprise Agreement 2022 - 2025 55
b. Where time off in lieu has been agreed but not taken within four weeks
(or some other period to be agreed in writing), payment of the original
entitlement will be made.
26.11 Emergency Duty
26.11.1 Where an employee is required to attend work and deal with an emergency
at a time when they would not normally be at work, and no notice was given
to them prior to ceasing work, they shall be paid for such emergency duty at
the rate of double time. Payment will include time spent necessarily travelling
to and from work.
26.11.2 The minimum emergency duty payment shall be for two hours.
26.11.3 This subclause will not apply to an employee whose duty for the day is varied
by alteration to the commencement time of the scheduled shift to meet an
emergency.
27. Schedule B (Rostered) Employees
27.1 Application
27.1.1 This clause applies to Schedule B employees and should be read in
conjunction with the provisions of clause 24. General Conditions Relating to
Hours, Penalties and Overtime.
27.2 Hours of Work
27.2.1 Arrangement of hours
a. Full-time employees will work an average of 38 ordinary duty hours
per week on the following basis:
i. on no more than 10 days over a two week cycle; or
ii. on no more than 19 days over a four week cycle.
b. The arrangement of hours (i.e. two or four weeks) will be determined
by the ABC, having regard to:
i. operational requirements;
ii. the need for employees to balance their work and private
responsibilities; and
iii. the ABC’s ‘duty of care’ and other obligations flowing from
relevant WHS and EEO legislation.
27.2.2 Daily hours
56 ABC Enterprise Agreement 2022 - 2025
Daily ordinary hours will be no less than four (excluding meal breaks) and no
more than 11 (including meal breaks) and may be worked on any day,
Monday to Sunday inclusive.
27.2.3 Consecutive days worked
The number of consecutive days worked should, where practicable, be
limited to seven, and in any case (except on a distant assignment) will not
exceed 12.
27.2.4 Consecutive overnight shifts
The number of consecutive overnight night shifts worked will not exceed five.
An overnight shift is defined as a shift commencing on or after 8.00 pm.
27.2.5 Break between shifts
An employee will be entitled to a minimum break of 11 hours between
finishing work on one day and the resumption of ordinary duty.
27.2.6 Meal and Crib Breaks
a. Unpaid meal breaks shall be not less than 30 minutes and not more
than 60 minutes’ duration. Crib breaks counting as time on duty shall
be less than 30 minutes but not less than 15 minutes’ duration.
b. As far as practicable, periods of duty should not exceed 5 hours
without either a meal or crib break, but in any case will not exceed 6
hours.
27.3 Rostered Free Days
27.3.1 Minimum entitlement
a. Where a two weekly cycle is worked, an employee will receive a
minimum of four Rostered Free Days (RFDs), with at least two days
consecutive.
b. Subject to 27.3.1.c, where a four weekly cycle is worked, an employee
will receive a minimum of nine RFDs arranged so that:
i. at least two sets of consecutive days are granted, one of three
RFDs and one of two RFDs; or
ii. at least three sets of two consecutive days are granted.
c. The ABC may allow an employee on a four weekly cycle to
accumulate or anticipate one RFD in each cycle up to a maximum of
five. In such cases the employee will receive a minimum of eight RFDs
with at least two sets of two days consecutive.
ABC Enterprise Agreement 2022 - 2025 57
d. In the cycles (two weekly or four weekly) in which Christmas Day and
Good Friday occur, the number of RFDs will be increased by one and,
where practicable, will be given consecutively with another free day or
days during the cycle or, by agreement with the employee, in another
cycle.
e. Where a federal, state or territory government gazettes a public
holiday as a once only event to mark a special occasion and where it
is not in substitution for any existing public holiday, the number of
RFDs in the cycles (two weekly or four weekly) in which the special
public holiday occurs will be increased by one (or, in the case of a half
day public holiday, by half a day) and, where practicable, will be given
consecutively with another free day or days during the cycle.
f. Where an employee is required to work on a day which was indicated
as a RFD, the ABC will give a substitute RFD within the same or next
succeeding shift cycle. Further, the substitute RFD will, wherever
practicable, be granted so that it is consecutive with another free day,
or at a time convenient to the employee.
g. An employee who is not given any of the RFDs to which they are
entitled under this subclause will be paid overtime for work performed
on such days (CRFDs) in accordance with subclause 27.10.
27.3.2 Definition of RFD
a. In this clause, Rostered Free Day (RFD) means a day (24 hours)
during which an employee is not required to attend for duty or hold
themselves available for duty.
b. Where a single RFD is given, an additional break of 11 hours should
be provided between the time at which the employee finishes work
and the commencement of the 24 hours of the RFD. Where two or
more consecutive RFDs are given, this additional break will be
reduced to eight hours.
c. Where the additional break is less than the break specified in
subclause (b), the gap between the actual break granted and the
specified break will be paid in accordance with subclause 27.9.3.
27.4 Flexible Working Hours Agreements
27.4.1 Local agreements providing for alternative arrangements of hours and free
days may be made in the workplace by agreement between a defined group
of employees or an individual employee and the ABC provided that over an
agreed period:
a. average fortnightly hours will not exceed 76; and
58 ABC Enterprise Agreement 2022 - 2025
b. minimum free days per fortnight will be not less than four.
27.4.2 Local arrangements may include a net hours arrangement under which an
employee performs their ordinary hours of work flexibly within a net span of
hours. Such arrangements may be agreed between an individual employee
and the ABC provided that:
a. the conditions in 27.4.1 a and b are met; and
b. the net span of hours does not exceed 7.30am to 7.30pm or 6.30am
to 6.00pm for rural employees.
27.4.3 Employees will be advised of their right to be accompanied by a
representative in negotiating the agreement.
27.4.4 Any agreement will be in writing and may be terminated by the employee or
the ABC with two weeks’ notice.
27.5 Rosters and Changes to Rosters
27.5.1 Rosters will be made available to employees at least seven days in advance
of the fortnight to which they refer.
27.5.2 Where a change to a roster is not mutually agreed or is not caused by an
emergency or shortage of employees through sickness or some other
unforeseen circumstance, the ABC will endeavour to give as much notice as
possible of the change and in any event shall give notice prior to the ceasing
of duty on the previous shift or, where the employee is off duty, not less than
12 hours before the shift is due to begin.
27.5.3 Any changes to rosters with less than 72 hours’ notice will be confirmed with
employees.
27.5.4 This subclause does not apply to employees on a distant assignment.
27.6 Changes to regular rosters or ordinary hours of work
27.6.1 The ABC will consult with employees about a change to their regular roster
or ordinary hours of work.
27.6.2 For the purposes of this subclause 27.6, the ABC will:
a. provide information to the affected employees about the change; and
b. invite affected employees to give their views about the impact of the
change (including any impact in relation to their family or caring
responsibilities); and
c. consider any views that are given by employees.
ABC Enterprise Agreement 2022 - 2025 59
27.6.3 Employees may be represented for the purpose of consultation under this
subclause 27.6.
27.7 Exchange of shifts
27.7.1 Employees will be permitted to exchange shifts with the approval of the ABC
but such exchange shall not result in the ABC paying any additional penalties
as a direct result of such change.
27.8 Shift Penalties
27.8.1 General
a. Payments prescribed in this subclause shall not be taken into account
in the calculation of overtime or in the determination of any allowance
based on salary, nor shall they be paid with respect to any shift more
than once or for which any other form of penalty payment is made
under this Agreement.
b. The additional payments prescribed in this subclause are calculated
on the basis of the employee’s ordinary rate of pay, provided that:
i. if the rate is in excess of ABC salary point 23, payments will be
based on ABC salary point 23; and
ii. for the purpose of measuring a salary package, arrangement
under an individual flexibility agreement or a buyout
arrangement, the additional payments prescribed in this
subclause will be calculated on the employee's minimum rate
of pay under this Agreement and market allowance, if any.
27.8.2 Monday to Friday shifts
a. An employee who is rostered to perform and actually performs
ordinary duty on a shift any part of which falls between the hours 7.30
pm and 7.30 am Monday to Friday, shall be paid an additional 15% of
their ordinary rate of pay for that shift.
b. Provided that for rural employees the hours shall be 6.00 pm to 6.30
am, Monday to Friday.
27.8.3 Continuous late shifts
a. An employee who is rostered to perform and actually performs
ordinary duty for at least four consecutive weeks on a shift falling
wholly within the hours of 7.30 pm and 7.30 am shall be paid an
additional 30% of their ordinary rate of pay for each Monday to Friday
shift during that period.
60 ABC Enterprise Agreement 2022 - 2025
b. Provided that for rural employees the hours shall be 6.00 pm to 6.30
am, Monday to Friday.
27.8.4 Consecutive overnight shifts
An employee who performs ordinary duty on more than five consecutive
overnight shifts will be paid an additional 50% of their ordinary rate of pay for
that shift.
27.8.5 Saturday
Payment shall be made at the rate of 50% additional for all ordinary duty
performed on a Saturday.
27.8.6 Sunday
Payment shall be made at the rate of 100% additional for all ordinary duty
performed on a Sunday.
27.9 Special Rates
27.9.1 General
a. Payments prescribed in this subclause are limited to hours of ordinary
duty.
b. The additional payments prescribed in this subclause are calculated
on the basis of the employee’s ordinary rate of pay, provided that:
i. if the rate is in excess of ABC salary point 31, payments will be
based on ABC salary point 31; and
ii. for the purpose of measuring a salary package arrangement
under an individual flexibility agreement or a buyout
arrangement, the additional payments prescribed in this
subclause will be calculated on the employee's minimum rate
of pay under this Agreement and market allowance, if any.
27.9.2 Insufficient break between shifts
If an employee is required, other than by mutual agreement, to perform work
on a shift of ordinary duty without a break of 11 hours after finishing work
(irrespective of whether that work is ordinary duty or overtime), payment will
be made at the rate of 100% additional for all ordinary duty hours worked
before the expiration of 11 hours.
27.9.3 Insufficient break over RFDs
If the additional break between the time at which an employee finishes work
and the commencement of the 24 hours of a RFD is less than the break
specified in subclause 27.3.2.b, the gap between the actual break granted
ABC Enterprise Agreement 2022 - 2025 61
and the specified break will be paid for at the rate of 50% additional to the
employee’s ordinary rate of pay.
27.10 Overtime
27.10.1 Overtime is defined as all work performed:
a. in excess of daily rostered hours;
b. after 11 hours from commencement of ordinary duty on any day;
c. in excess of an average of 38 hours per week over a two or four week
cycle;
d. on a cancelled rostered free day (CRFD) for which no substitute has
been provided (subject to 24.3.4);
e. on each day that falls outside a limit of 12 consecutive days worked
(except on a distant assignment);
f. on a shift that is not continuous with ordinary duty on any day (subject
to 24.3.4) except on a distant assignment.
27.10.2 Payment in respect of any period of overtime, as defined, will not be made
more than once.
27.10.3 Overtime rates
a. Except where otherwise provided for in this subclause, overtime will
be paid at the following rates:
Monday to Saturday time and a half for the first three hours and double time
thereafter
Sunday double time
b. All work performed on a CRFD will be paid at double time.
27.10.4 Time off in lieu of overtime
a. By mutual agreement, time off in lieu of overtime may be accumulated
and taken on an hour for hour basis (i.e. one hour's overtime = one
hour's time off).
b. Where time off in lieu has been agreed but not taken within four weeks
(or some other period to be agreed in writing), payment of the original
entitlement will be made.
62 ABC Enterprise Agreement 2022 - 2025
Part I Allowances and Miscellaneous
Payments
28. Meal Allowance
28.1.1 Employees will be eligible to receive a meal allowance in the following
circumstances:
a. Where they commence work at or before 6.00 am and the period of
work extends to or beyond 2.00 pm;
b. Where they commence work at or before 11 am and the period of work
extends to or beyond 7.00 pm;
c. Where they commence work at or before 6.00 pm and the period of
work extends to or beyond 1.00 am;
d. Where they commence work at or before 12 midnight and the period
of work extends to or beyond 9.00 am.
28.1.2 No meal allowance will be paid where the employee is receiving travelling
allowance or an adequate meal has been provided by the ABC.
28.1.3 The prescribed rate of the meal allowance is contained in Schedule C, which
will be reviewed periodically by the ABC.
28.1.4 The Meal Allowance Transition and Compensation Provisions in Schedule D
apply and override this clause to the extent of any inconsistency.
29. Private Vehicle Allowance
29.1.1 The ABC may authorise an employee to use a private vehicle owned or hired
by the employee for official purposes, where such authorisation is warranted
in terms of greater efficiency or involves the ABC in less expense.
29.1.2 The ABC may grant permission for an employee to use a private vehicle:
a. for a specific journey or purpose; or
b. to travel to or from work on emergency duty; or
c. to return to the employee’s permanent station to take annual leave
where the employee has been temporarily transferred from one place
to another.
29.1.3 The prescribed rate per kilometre of the private vehicle allowance is
contained in Schedule C, which will be reviewed periodically by the ABC.
ABC Enterprise Agreement 2022 - 2025 63
29.1.4 An employee will be eligible for an additional payment where the employee
can demonstrate that the allowance payable is insufficient to meet expenses
reasonably incurred on official business.
30. Television Clothing Allowance
30.1.1 A Television Clothing Allowance will be payable to employees who appear
before the camera on a regular working basis.
30.1.2 The allowance will be determined on an individual basis in accordance with
the rates contained in Schedule C, which will be reviewed periodically by the
ABC.
31. First Aid Allowance
31.1.1 A first aid allowance will be paid to employees who possess a current
approved First Aid Certificate and are designated to undertake first aid
responsibilities within the ABC.
31.1.2 The prescribed rate of first aid allowance is contained in Schedule C, which
will be reviewed periodically by the ABC.
31.1.3 This allowance will count as salary for all purposes including superannuation.
32. Relocation and Reunion Assistance
32.1.1 The ABC will determine on a case by case basis the extent of payment of
reasonable costs associated with relocation from one locality to another of an
employee upon promotion, transfer (including temporary transfer), or
engagement. Further information can be found in the ABC ‘Relocation and
Reunion Assistance Guidelines’ in place from time to time. Payment of
reasonable costs will include, but not be limited to, conveyance of employee
and family, removal, and other relevant expenses.
32.1.2 Where, in respect of their duties with the ABC, an employee has been
temporarily relocated to a new locality for a period of at least three months,
they may be reimbursed the costs of travel for an appropriate number of
return journeys for the purposes of visiting family. The frequency of
reimbursement of return travel costs will be determined by the relevant
delegate on a case by case basis. Further information can be found in the
ABC’s “Relocation and Reunion Assistance Guidelines” in place from time to
time. Any proposed variation to the “Relocation and Reunion Assistance
Guidelines” in place at the commencement of this Agreement will be the
subject of consultation between the parties. Any dispute will be dealt with in
accordance with clause 60 – Prevention and Resolution of Disputes.
64 ABC Enterprise Agreement 2022 - 2025
33. Isolated Locality Assistance
33.1 District Allowance
33.1.1 District allowance is payable to employees in recognition of additional living
costs incurred in certain isolated localities.
33.1.2 Employees working in a prescribed isolated locality are eligible for the
payment of District Allowance for each complete month of service in the
locality in accordance with the rates set out in Schedule C.
33.1.3 Employees eligible for District Allowance who incur high electricity costs may
be reimbursed part of these costs.
33.1.4 The ABC will review periodically the localities listed and the rates of allowance
payable.
33.2 Isolated Locality Fares
33.2.1 An employee working permanently at a locality listed below will be eligible for
fares assistance for return travel to the nearest state capital for leave of
absence in respect of themselves and any eligible partner and dependants,
subject to the following:
a. for the localities of Alice Springs, Broome, Karratha, Kununurra,
Longreach and Mt Isa, the fares assistance will be available once in
respect of every completed 12 months’ service.
b. for the localities of Cairns and Townsville, the fares assistance will be
available once in respect of every completed 24 months’ service.
33.2.2 The ABC will authorise additional fares assistance to an employee and any
eligible partner and dependants, on a case-by-case basis, where
circumstances so warrant including emergency and compassionate reasons.
33.2.3 Where an employee, who has not utilised all or part of two previously accrued
entitlements to fares assistance, becomes eligible for a third entitlement, the
first entitlement (or any remaining part thereof) will lapse.
33.3 Darwin Airfares Assistance
33.3.1 Schedule A employees who were employed by the ABC in Darwin as at 30
June 1998 and Schedule B employees who were employed by the ABC in
Darwin as at 3 July 2000 will be entitled to airfares assistance in accordance
with Schedule E of this Agreement, provided that they have not accepted and
been paid the buyout specified in the Schedule. Such entitlement shall
continue while they are employed in Darwin.
ABC Enterprise Agreement 2022 - 2025 65
34. Reimbursement of Miscellaneous Expenses
34.1.1 The ABC will approve the reimbursement of miscellaneous expenses
reasonably incurred in the course of an employee’s work, in the following
cases:
a. the loss or damage to clothing or personal effects;
b. where special clothing requirements are necessary for an employee
to work on a particular assignment or at a particular locality;
c. where excess fares are incurred by an employee in travelling to a new
workplace following a temporary change in work location. Excess
fares are not payable where an employee has been transferred to a
new location on an ongoing or long term basis (i.e. greater than three
months);
d. where an employee reasonably incurs a work-related expense relating
to the use of equipment, provided that:
i. the employee is able to supply the necessary supporting
documentation;
ii. any expense in excess of $200 must be pre-approved by the
employee’s manager; and
iii. the expense and claim are otherwise consistent with ABC’s
policies.
e. other circumstances considered warranted by the delegate.
35. Assistance with Travel to or from Work
35.1.1 The parties acknowledge that in the usual course of events travel between
home and work is the responsibility of the employee. As a general rule,
therefore, the ABC will not reimburse taxi fares or issue taxi vouchers for
travel by employees between home and work.
35.1.2 As a clear exception to this general rule, the ABC will provide reasonable
assistance with the cost of travel to or from work in situations where:
a. the employee is required to commence work between 9.30 pm and
6.00 am; or
b. the employee is returning home after finishing work between 9.30 pm
and 6.00 am.
35.1.3 Definition of ‘reasonable assistance’
For the purpose of this clause:
66 ABC Enterprise Agreement 2022 - 2025
a. ‘reasonable assistance’ means the provision of a suitable conveyance
or taxi voucher or reimbursement of a taxi fare to enable the employee
to reach the nearest of the following: the means of regular public
transport, or parking station, or their place of work or home up to a
maximum distance of 30 kms;
b. eligibility for assistance under 35.1.2 is limited to those employees
who would otherwise normally be able to use public transport to travel
to and from work.
35.1.4 Otherwise, the provision of transport assistance for the employee will be at
the discretion of managers, with approval limited to exceptional
circumstances. Examples of exceptional circumstances could include where:
a. an employee becomes sick at work;
b. a member of an employee’s family has an accident or becomes sick
or is otherwise in need of urgent assistance;
c. an employee who is not on call is called in for an emergency; or
d. an employee finishes work late, there are legitimate safety concerns,
and there is no reasonable alternative to a taxi.
35.1.5 Where approval is given under the circumstances at 35.1.4, it should usually
be limited to the provision of reasonable assistance as defined in this clause,
although individual circumstances may necessitate a different approach.
36. Special Circumstances Work Allowance and Special Payment
36.1.1 Where in relation to the unique aspects of a particular production or working
environment, an ABC employee is required to perform work in extraordinary
circumstances, an assessment will be made of the need for payment of an
additional allowance on a case-by-case basis.
36.1.2 Special Payment
a. From time to time, an employee may agree to perform a nominated
piece of work for the ABC outside their ordinary hours of work and
duties in return for a Special Payment.
b. Special Payment arrangements can only be utilised twice per year
with an individual employee.
c. A Special Payment to an employee will be subject to the following
conditions.
i. the amount paid as a Special Payment will be determined in
advance of performing the nominated work;
ABC Enterprise Agreement 2022 - 2025 67
ii. the nominated work and the amount of the Special Payment
will be agreed in writing in advance;
iii. the entitlement to a Special Payment will relate only to the
nominated work and will cease once the work is completed;
iv. the employee will continue to receive their usual wages;
v. the Special Payment will be included in the employee's taxable
income and the calculation of superannuation entitlements;
vi. the additional work is performed as an employee.
d. A Special Payment will not displace higher duties allowance if an
employee is acting in higher duties, per clause 20.
e. For the avoidance of doubt, the intent of this subclause is to support
employee career development and mobility by facilitating an
employee’s desire to do a nominated piece of work in a different team,
area or division to their substantive position. Special Payment
arrangements will not be utilised for training or backfill purposes.
68 ABC Enterprise Agreement 2022 - 2025
Part J Leave and Public Holidays
37. Annual Leave
37.1 Schedule A Employees
37.1.1 Schedule A employees will receive four weeks' annual leave to be accrued
at the rate of 152 hours per year of service for full-time employees (or pro
rata thereof for part-time employees).
37.1.2 Annual leave credits will be calculated according to the following formula:
A x B x C = Accrued Annual leave in hours D
where: A = the number of hours per week for the entitlement period.
B = the number of calendar days to count as service in the period.
C = 4
D = the number of calendar days in the year of service.
37.1.3 Additional Leave for Sundays Worked
a. Schedule A employees rostered to work regular shiftwork on Sundays
will be entitled to additional paid annual leave at the rate of one-tenth
of a working week for each Sunday worked up to a maximum of one
week’s leave (equivalent to their ordinary weekly hours) entitlement
per 12 months.
b. Rostered Sunday overtime shifts, including those that commence or
cease on a Sunday and are of three hours or greater duration, will
count for the purposes of this subclause.
c. Additional leave under this subclause will be subject to the same terms
and conditions as normal annual leave.
d. Note: This provision determines the entitlement to additional annual
leave associated with working shifts. Section 87(1)(b) of the Act, which
deals with annual leave entitlements for shift workers, does not also
apply.
37.2 Schedule B Employees
37.2.1 Schedule B employees will receive six weeks’ annual leave to be accrued at
the rate of 228 hours per year of service for full-time employees (or pro rata
thereof for part-time employees).
37.2.2 Annual leave credit will be calculated according to the following formula:
A x B x C = Accrued Annual leave in hours
D
ABC Enterprise Agreement 2022 - 2025 69
where: A = the number of hours per week for the entitlement period.
B = the number of calendar days to count as service in the period.
C = 6
D = the number of calendar days in the year of service.
37.2.3 Schedule B employees who were employed prior to 3 July 2000 and who
continue to be employed as seven day continuous shift workers in Radio
Australia (i.e. shift workers who are rostered to work regularly on Sundays)
will be entitled to an additional week’s annual leave.
37.2.4 Note: This provision determines the entitlements to additional annual leave
associated with working shifts. Section 87(1)(b) of the Act, which deals with
annual leave entitlements for shift workers, does not also apply.
37.3 General Conditions in Relation to Annual Leave
37.3.1 Entitlement
a. Annual leave is accrued in hours and credited on a fortnightly basis.
b. Granting of annual leave is subject to the approval of the relevant
manager. Leave will be granted in accordance with actual rostered
hours for rostered employees, or if granted in advance of the roster,
in accordance with the prescribed nominal daily hours for the
employee.
c. Annual leave counts as service for all purposes.
d. Casual employees will be paid a loading in lieu of annual leave in
accordance with subclause 14.6 Casual Employment.
e. Where warranted, the Managing Director or delegate may approve the
granting of additional annual leave in cases where an employee has
worked an excessive amount of unpaid overtime.
37.3.2 Annual Close Down
a. In order to meet the operational needs of the business during periods
of low activity and/or downtime in production or operations, the ABC
may direct an employee to take a period of annual leave or paid time
off in lieu at any time between 15 December and 15 January (Annual
Close Down).
b. The ABC will notify an employee of the requirement to take annual
leave or paid time off in lieu no later than one month in advance of the
commencement of the Annual Close Down.
70 ABC Enterprise Agreement 2022 - 2025
c. If an employee does not have sufficient accrued annual leave or paid
time off in lieu to cover the period of the Annual Close Down, the
employee may elect to take one of the following types of leave for the
balance of the Annual Close Down period:
i. annual leave in advance;
ii. long service leave;
iii. leave without pay.
d. The ABC will not require employees to take leave annual leave in
advance, long service leave or leave without pay under this subclause.
e. If an employee has sufficient accrued annual leave or paid time off in
lieu to cover the Annual Close Down, but there are exceptional
circumstances which mean that being required to take the annual
leave or paid time off would significantly adversely impact the
employee, the employee may request that they be able to make other
arrangements with the ABC. The ABC will not unreasonably refuse
that request.
f. The amount of leave that the ABC can require an employee to take
during the Annual Close Down is a minimum of 3 days and a maximum
of 10 days.
37.3.3 Management of Excess Leave
a. This subclause 37.3.3 applies to any amount of annual leave credits
in excess of one-and-a-half years accrual (Excess Leave).
b. If an employee has Excess Leave, the ABC may provide written
notification to the employee that they are required to liquidate some or
all of their Excess Leave (Liquidation Amount).
c. Subject to subclause 37.3.3.e below, where an employee receives a
written notification under subclause 37.3.3.b above, the employee
must, within one month of notification, submit an application to
liquidate the Liquidation Amount of leave either by:
i. applying to take annual leave within the period commencing
six months after the notification;
ii. offering to agree to cash out annual leave in accordance with
subclause 37.3.4; or
iii. a combination of both,
provided that the total amount of annual leave liquidated is the
Liquidation Amount required by the notification.
ABC Enterprise Agreement 2022 - 2025 71
d. If an employee does not make an application as required by subclause
37.3.3.c, the ABC may direct the employee to take some or all of their
accrued but untaken annual leave by giving one month's notice in
writing.
e. An employee is only entitled to cash out more than half of the
liquidation Amount if the employee has taken at least three weeks'
annual leave in the previous 12 months and that the cashing out is in
accordance with subclause 37.3.4
f. The ABC is only entitled to provide a notification under this subclause
once in each 12 month period.
g. Despite 37.3.3.c above, the ABC may agree in writing to an application
to reduce Excess Leave over a longer period.
37.3.4 Cashing Out
a. The ABC may, by agreement with an employee, cash out an amount
of accrued annual leave provided that:
i. subject to subclause 37.3.4.a.ii, the cashing out may not result
in the employee's remaining accrued entitlement to paid
annual leave being less than six weeks;
ii. each cashing out of a particular amount of annual leave must
be by a separate agreement between the ABC and the
employee;
iii. the employee must be paid the full amount that would have
been payable to the employee had the employee taken the
leave that the employee has foregone at the time the leave is
being cashed out; and
iv. the employee's accrued annual leave entitlement will be
reduced by the amount of the annual leave cashed out.
37.3.5 Effect of Public Holidays
Where a public holiday to which a Schedule A employee is entitled falls during
a period of approved annual leave, the period of the public holiday/s is not
deducted from annual leave credits.
37.3.6 Cancellation of leave
a. Where the approved annual leave of an employee is cancelled or
where an employee is recalled to work from annual leave, the
employee will be re-credited their annual leave to the extent of the
affected period.
72 ABC Enterprise Agreement 2022 - 2025
b. Where the approved annual leave of an employee is cancelled without
reasonable notice, an employee will be eligible to be reimbursed any
reasonable expenses incurred as a result of cancellation of travel
fares and/or accommodation expenses not otherwise recoverable via
insurance or other sources.
37.3.7 Pre 1966 employees
Where an employee was made ‘permanent’ prior to 26 October 1966, the
employee’s entitlement to pro rata annual leave payment on separation is to
be adjusted to take into account any credits or payments for annual leave for
the pre-1966 period of employment.
37.3.8 Additional Annual Leave (Isolated Localities)
Employees working in a prescribed special locality are eligible for a credit of
additional annual leave for each complete month of service in the special
locality in accordance with the following table.
Locality
Maximum additional
annual leave in days per
12 months
Kununurra 7
Darwin, Katherine, Alice Springs, Broome, Kalgoorlie,
Esperance, Karratha
5
Longreach, Mt Isa 3
Broken Hill, Cairns, Townsville 2
38. Annual Leave Loading
38.1.1 Eligible employees will be entitled to an annual leave loading in accordance
with the provisions of this clause except where, during the period of leave
taken, they are in receipt of a 'salary package' or 'annual buyout' that includes
an amount in lieu of shift penalties.
38.1.2 Annual leave loading will be calculated and paid for each full day of annual
leave taken. The amount will be the greater of either:
a. the daily equivalent of 17.5% of base salary up to the prescribed
maximum set by the Australian Statistician; or
b. the daily equivalent of average shift penalties earned in the previous
(rolling) 52 week period less any periods during which the employee
was on leave.
38.1.3 On separation from the ABC, employees will be paid annual leave loading in
relation to any unused annual leave for which they will receive payment in
lieu.
ABC Enterprise Agreement 2022 - 2025 73
39. Public Holidays (Schedule A Employees)
39.1 Entitlement
39.1.1 In respect of Schedule A employees, the following paid designated public
holidays will apply each calendar year:
a. 1 January (New Year’s Day) or, if that day falls on a Saturday or
Sunday, the following Monday;
b. 26 January (Australia Day) or, if that day falls on a Saturday or
Sunday, the following Monday;
c. Good Friday and the following Saturday and Monday;
d. 25 April (Anzac Day) (or substitute);
e. the relevant Queen’s Birthday observance day;
f. the ‘Labour Day’ or equivalent in the respective location;
g. 25 December (Christmas Day) or, if that day falls on a Saturday or
Sunday, 27 December;
h. 26 December (Boxing Day) or, if that day falls on a Saturday or
Sunday, 28 December; and
i. the additional Commonwealth nominated post Christmas holiday.
39.1.2 Additionally, up to two further local paid public holidays (or summation of part
days), where recognised by the ABC, may also apply at the respective
locality.
39.1.3 The total number of all public holidays applied in any locality in any calendar
year cannot exceed 13, unless a greater number is provided for under the
NES.
39.2 Special Additional Public Holidays
39.2.1 Where a federal, state or territory government gazettes a public holiday as a
once only event to mark a special occasion and where it is not in substitution
for any existing public holiday, the public holiday will be observed in addition
to those specified in subclause 39.1.
39.3 Substituted days
39.3.1 Where a designated public holiday falls on a Saturday or Sunday and is
substituted by a different day, the subject Saturday or Sunday will no longer
be regarded as a public holiday for remuneration purposes.
74 ABC Enterprise Agreement 2022 - 2025
39.3.2 Where an employee works on both Christmas Day and a substitute holiday,
one day will attract payment at the public holiday rate and the other day will
be paid at the non-holiday Saturday or Sunday rate as appropriate.
39.3.3 Where the ABC and an employee agree, another day may be substituted for
any of the public holidays prescribed above. In this circumstance the original
public holiday will no longer be regarded as a holiday for the employee.
39.4 Day off in lieu
39.4.1 A rostered full-time employee who is rostered off on a public holiday will be
granted a day’s leave in lieu of the public holiday, within one month if
practicable, together with a credit of 7 hours 36 minutes. Where it is not
practicable to grant the day’s leave, the employee will be paid for the hours
credited.
39.4.2 A part-time employee who does not ordinarily work on a day on which a public
holiday falls will be credited with 1/10 of their agreed fortnightly hours as leave
in lieu of the public holiday. By mutual agreement, hours credited in this way
may be accumulated and taken later as extra leave, including if necessary in
conjunction with annual leave. Where it is not practicable to grant the extra
leave, the employee will be paid for the hours credited.
39.4.3 In the case of an employee whose ordinary hours are confined to Monday to
Friday, this subclause does not apply when a public holiday falls on a
Saturday or Sunday.
39.5 Half Day Public Holiday
39.5.1 A half day public holiday will cover a period of 12 hours and will either cease
at midday or commence at midday, depending on the event being celebrated.
39.5.2 The minimum additional payment for ordinary duty performed on a public
holiday pursuant to subclause 26.9.6 will, in the case of a half day public
holiday, be reduced by any periods of ordinary duty worked prior to the
commencement or after the finish of the half day public holiday.
39.5.3 Where in a regular cycle of rostered work an employee is rostered off on a
day on which a half day public holiday occurs, the ABC will grant a nominal
half day’s leave in lieu of the holiday, together with a credit of the hours for a
half day. Provided that where this is not practicable, the employee will be paid
a half day’s pay at the ordinary rate.
39.6 Other conditions- public holidays
39.6.1 In relation to employees covered by clause 39 the ABC:
ABC Enterprise Agreement 2022 - 2025 75
a. Will not request an employee to work on a relevant public holiday
unless that requirement is reasonable, having regard to the factors for
determining whether a request to work on a public holiday or a refusal
of a request are reasonable, as set out in section 114 (4) of the Act;
b. In accordance with section 116 of the Act, which deals with payment
for absence on a public holiday, the ABC will pay an employee at the
base rate of pay if the employee is absent from work on the relevant
public holiday in accordance with Division 10 of the Chapter 2 of the
Act.
40. Personal/Carer’s Leave
40.1 General and Interaction with the National Employment Standards (NES)
40.1.1 An employee will be entitled to personal carer's leave in accordance with this
clause 40. To the extent that the NES provides a more favourable outcome
for an employee in relation to personal/carer’s leave in particular
circumstances, the employee will receive the benefit of that entitlement.
40.2 Entitlement
40.2.1 Employees will have up to 18 days’ paid personal/carer’s leave annually (pro
rata for part-time employees) and any unused personal/carer’s leave credits
will accumulate from year to year.
40.2.2 Personal/carer’s leave is divided into two sub categories:
a. NES Personal/Carer’s Leave – being personal/carer’s leave accrued
under the NES (10 days per annum for full-time employees or pro rata
for part-time employees);
b. Additional Personal leave – being personal leave over and above the
NES (8 days per annum for full-time employees or pro rata for part-
time employees).
40.2.3 Subject to the remainder of this clause, employees may use accumulated
personal/carer’s leave, with the approval of their manager:
a. in the case of NES Personal/Carer’s Leave and Additional Personal
Leave, if they are absent due to their own personal illness or injury
(Personal Illness); or
b. in the case of NES Personal/Carer’s Leave, if they need to provide
care or support to a member of their immediate family or household
because of that individual’s personal illness or injury or an unexpected
emergency affecting a member of their immediate family or household
(Caring).
76 ABC Enterprise Agreement 2022 - 2025
If an employee is absent due to Personal Illness, their Additional Personal
Leave balance will be debited first.
40.2.4 Approval will be subject to the employee:
a. having the available personal leave credits;
b. advising the ABC as soon as reasonably practicable of any absence;
and
c. providing suitable supporting documentation when requested by the
ABC.
40.2.5 There is no limit to the maximum continuous amount of personal leave that
may be used for absences, subject to available credits, medical certification
and, if required, the opinion of a medical practitioner nominated by the ABC.
40.2.6 The ABC may approve personal leave without pay when personal leave
credits are exhausted.
40.3 Definition of ‘immediate family’ and ‘household member’
40.3.1 The ‘immediate family’ of an employee, for the purposes of this clause,
means:
a. a spouse or former spouse (regardless of gender), de facto partner or
former de facto partner (regardless of gender), child, parent,
grandparent, grandchild or sibling of the employee; or
b. a child, parent, grandparent, grandchild or sibling of a spouse or
former spouse (regardless of gender) or a de facto or former de facto
partner (regardless of gender) of the employee.
40.3.2 This definition includes people in LGBTQIA+ families and relationships, step-
relations, adoptive relations and traditional kinship without discrimination in
interpretation as to race.
40.3.3 A household member is any person who lives with the employee.
40.4 Credits and Debits
40.4.1 Full-time employees will receive their annual personal/carer’s leave credit on
their date of commencement and on each subsequent anniversary. Part-time
employees will accrue a proportional credit according to their part-time hours.
40.4.2 Personal/carer’s leave will be cumulative but will not be paid out on
separation.
40.4.3 Personal/carer’s leave credits and debits will be recorded in hours and
minutes.
ABC Enterprise Agreement 2022 - 2025 77
40.4.4 Personal/carer’s leave absences will be deducted in accordance with actual
rostered hours for rostered employees, and in accordance with the prescribed
hours for non-rostered employees.
40.5 Supporting Documentation
40.5.1 In any personal/carers leave credit year up to a total of five working days
(maximum three consecutive) can be granted with pay for personal/carers
leave without production of suitable supporting documentation, otherwise
personal/carer’s leave will be without pay.
40.5.2 Where the absence is due to illness or injury, suitable supporting
documentation includes documentation from a medical practitioner, dentist,
registered health practitioner, osteopath or similar health practitioner
recognised by a health fund.
40.5.3 Where the absence is due to an unexpected emergency, or where it is not
reasonably practicable for the employee to obtain one of the documents
above, a statutory declaration stating that the employee is unfit for work due
to personal illness or injury, or that the employee is required to provide care
or support to an immediate family or household member will be considered
suitable supporting documentation.
40.6 Special Circumstances
40.6.1 Advancement of credits
If special circumstances exist an employee can apply to the delegate for
consideration of advancement of personal/carers leave credits.
40.6.2 Conversion to half pay
At the employee’s request, the ABC may approve the conversion of some or
all of the employee’s full pay personal/carers leave to half pay.
40.6.3 Fitness for work
In circumstances where an employee has been on extended or regular
periods of leave due to illness or injury, or where the condition of the
employee may be of concern to the ABC, the employee may be directed to
attend an independent medical assessment concerning their fitness for duty.
40.6.4 Interaction with Annual or Long Service Leave
An employee absent on annual or long service leave who provides suitable
supporting documentation for a period of leave that would otherwise be
considered personal/carers leave can be re-credited for the period of the
documented absence, where they have appropriate personal/carers leave
credits.
78 ABC Enterprise Agreement 2022 - 2025
40.6.5 Interaction with Parental Leave
An employee will not be entitled to take personal/carers leave whilst they are
entitled to paid maternity leave under the Maternity Leave (Commonwealth
Employees) Act 1973 (Cth) or paid parental leave under this Agreement. An
employee absent on unpaid maternity leave can be granted personal/carers
leave for any period supported by suitable supporting documentation.
40.6.6 Interaction with Worker’s Compensation
a. An original medical certificate from a registered medical practitioner
(i.e. doctor) will be required where an absence is related to a claim for
worker's compensation.
b. An employee in receipt of worker's compensation in excess of 45
weeks will only accrue personal/carers leave on hours actually
worked.
40.6.7 Maximum period of leave to count as service
The maximum continuous period of personal/carers leave without pay to
count as service is 78 weeks.
40.6.8 Special War Service provisions
a. Where an employee produces evidence that a period of sickness is
for a condition accepted by the Department of Veterans’ Affairs as a
result of war service, the employee will be eligible for war service sick
leave at full pay subject to a maximum credit balance of 90 days.
b. War Service sick leave is accrued as follows:
i. 45 days on commencement (less any previous grants); and
ii. 15 days per year where required.
40.6.9 Recognition of previous service
a. Previous service with government organisations will be recognised as
service for personal/carers leave crediting purposes so long as the
break between periods of such service is no greater than two months
- (‘government organisations’ are those recognised under the
provisions of the Long Service Leave (Commonwealth Employees)
Act 1976 (Cth)). The personal/carers leave credit is to be calculated
according to the total period of recognised service less any previous,
periods of absence (not to count as service) or leave granted or paid
in lieu.
b. An employee who was previously retired on grounds of invalidity and
is recommencing as a result of action taken under Section 75 of the
ABC Enterprise Agreement 2022 - 2025 79
Superannuation Act 1976 (Cth) is entitled to be credited with
personal/carers leave equivalent to the balance at the time of
retirement.
41. Miscellaneous Paid Leave
41.1.1 Compassionate Leave
a. Employees are entitled to up to 3 days' paid compassionate leave per
occasion where:
i. a member of the employee’s immediate family or household
either:
A. contracts or develops a personal illness that poses a
serious threat to their life; or
B. sustains a personal injury that poses a serious threat to
their life; or
C. dies; or
ii. the employee, or the employee’s spouse or de facto partner,
has a miscarriage.
b. Employees who are entitled to compassionate leave under subclause
41.1.1.a.ii (miscarriage) and who suffer a miscarriage (or whose
spouse or de facto partner suffers a miscarriage) up to 20 weeks of
gestation may also access 5 days’ personal/carer’s leave per
occasion without the need for a medical certificate. Additional days of
personal/carer’s leave may be accessed in accordance with clause 40
(Personal/Carer’s Leave).
c. Where an employee, or the employee’s spouse or de facto partner
suffers stillbirth or has a child who is born alive and dies within the first
24 months of life, clause 43 (Parental Leave) will apply. In such
circumstances, clause 43 will apply to the extent the employee would
have been eligible for Paid Primary Carer Parental Leave or
Supporting Partner Leave.
41.1.2 Other Special Leave
Employees are entitled to paid leave in relation to the following other
unforeseen emergency situations or special circumstances:
a. jury service;
b. attendance as a witness at proceedings on behalf of the
Commonwealth or State/Territory Government;
80 ABC Enterprise Agreement 2022 - 2025
c. household emergencies, moving house; or
d. attendance for special religious, ceremonial or cultural obligations.
41.1.3 Discretionary Leave
Subject to the individual circumstances of each case and the operations of
the ABC, paid leave may also be granted for:
a. Australian Defence Force and Australian Defence Force Cadets
requirements (leave at full pay for all reasonable operational
requests);
b. participation in Government emergency service activities;
c. participation in authorised international sporting events;
d. participation in ABC approved training, consultative committees or
appeal boards;
e. other special circumstances considered appropriate.
41.1.4 Study Leave
Study leave is authorised in accordance with the ABC Study Assistance
Policy. Subject to delegate approval, an employee may be granted:
a. up to five hours per week paid leave (plus necessary travelling time)
to attend lectures; and
b. paid absence for all required examinations.
41.1.5 NAIDOC Leave
a. Aboriginal and Torres Strait Islander employees may be granted one
day’s paid leave per year to attend and participate in NAIDOC Week
activities (NAIDOC Leave), subject to operational requirements.
b. If the ABC decides that an Aboriginal and Torres Strait Islander
employee cannot take NAIDOC Leave due to operational
requirements, the ABC may permit the employee to one day's paid
leave in the following 6 months to attend a different Indigenous public
cultural event instead.
41.1.6 Family and Domestic Violence Leave
a. The ABC recognises that employees sometimes face situations of
violence or abuse in their personal life that may affect their attendance
or performance at work, and is therefore committed to providing
support to employees that experience family and domestic violence.
ABC Enterprise Agreement 2022 - 2025 81
b. “Family and domestic violence” is violent, threatening or abusive
behaviour by a close relative of an employee, a member of the
employee’s household, or a current or former intimate partner of an
employee that:
i. seeks to coerce or control the employee; and
ii. causes the employee harm or to be fearful.
Family and domestic violence may include physical, sexual, financial,
verbal or emotional abuse.
c. A close relative of the employee is a person who:
i. is a member of the employee’s immediate family (see
subclause 40.3 for definition of ‘immediate family’); or
ii. is related to the employee according to Aboriginal or Torres
Strait Islander kinship rules.
d. An employee experiencing family and domestic violence will have
access to paid leave if:
i. the employee needs to do something to deal with the impact of
the family and domestic violence; and
ii. it is impractical for the employee to do that thing outside of the
employee’s work hours.
Examples of the things an employee experiencing family or domestic
violence might need to do include:
i. attending counselling or appointments with a medical or legal
practitioner;
ii. relocating or making other safety arrangements;
iii. attending urgent court hearings; or
iv. accessing police services.
e. The paid leave provided in subclause 41.1.6.d is in addition to existing
entitlements and may be taken as consecutive or single days, or as a
portion of a day.
f. The paid leave in this subclause is to be capped at 10 days per annum
and does not accrue.
g. Casual employees who access leave under this subclause will be paid
as if the casual employee had worked the hours in the period for which
they were rostered. If a casual employee accesses leave under this
82 ABC Enterprise Agreement 2022 - 2025
clause for hours when they were not rostered to work, the ABC is not
required to pay the casual employee in relation to such period.
h. If required by the ABC, the employee must provide evidence that
would satisfy a reasonable person that the leave is for the purpose set
out in subclause 41.1.6. Such evidence may include a document
issued by the police, a court, a doctor, district nurse, family violence
support service or lawyer.
41.1.7 Gender Affirmation Leave
a. An employee (other than a casual employee) who identifies as
transgender or gender diverse and who is undertaking Gender
Affirmation, will have access to:
i. up to 10 days’ paid Gender Affirmation Leave, which counts as
service for all purposes; and
ii. up to 12 months unpaid Gender Affirmation Leave. Unpaid
Gender Affirmation Leave does not count as service.
b. The paid leave provided in subclause 41.1.7.a is in addition to existing
entitlements and may be taken as consecutive or single days, or as a
portion of a day.
c. ‘Gender Affirmation’ means the social, medical and/or legal affirmation
of a gender that does not match someone’s sex assigned at birth or
their sex characteristics.
41.1.8 An employee may be requested to provide suitable supporting documentation
for any miscellaneous paid leave granted under this clause.
41.1.9 Miscellaneous paid leave will count as service for all purposes.
42. Long Service Leave
42.1.1 Employees are entitled to three months long service leave on full pay after
10 years of qualifying service, in accordance with the provisions of the Long
Service Leave (Commonwealth Employees) Act 1976 (Cth).
43. Parental Leave
43.1 Unpaid Parental Leave
43.1.1 Unpaid parental leave is provided for in the NES. For the avoidance of doubt,
an employee shall be able to access unpaid parental leave in accordance
with the NES:
ABC Enterprise Agreement 2022 - 2025 83
a. if the leave is associated with the birth of a child of the employee or
the employee's spouse or de facto partner through surrogacy; or
b. if the leave is associated with the placement of a child with the
employee as a foster carer, provided the proposed foster care
placement is for at least 12 months (in which case the provisions of
the NES shall apply as though the foster care arrangement were an
adoption).
43.1.2 Employees who do not have 12 months prior service may be entitled to take
12 months unpaid leave under the Maternity Leave (Commonwealth
Employees) Act 1973 (Cth) (MLCE Act).
43.2 Paid Primary Carer Parental Leave
43.2.1 An employee of the ABC is entitled to 52 weeks’ parental leave, of which 16
weeks will be paid, if they meet the following criteria:
a. the employee has 12 months’ service at the time the child is born, or
placed with them through adoption, surrogacy or foster care (subject
to subclause 43.2.2); and
b. the employee is the primary carer of the child.
43.2.2 Paid Primary Carer Parental Leave includes leave associated with:
a. the birth of a child of the employee or the employee’s spouse or de
facto partner, including through surrogacy; or
b. the adoption of a child; or
c. the placement of a child with the employee as a foster carer, provided
the proposed foster care placement is for at least 12 months (in which
case the provisions of the NES shall apply as though the foster care
arrangement were an adoption).
43.2.3 For an employee who is pregnant, the Paid Primary Carer Parental Leave
commences 6 weeks before the expected due date, unless the employee
supplies a medical certificate that they are fit to continue working.
43.2.4 The Paid Primary Carer Parental Leave must be taken within 24 months of
the birth, adoption or placement of the child with the employee.
43.2.5 The period of Paid Primary Carer Parental Leave that the employee is entitled
to take shall be reduced by the length of any Paid Supporting Partner Leave
the employee has already taken in relation to the child.
43.2.6 An employee taking Paid Primary Carer Parental Leave may elect to take the
paid portion of that leave at half pay over a period of 32 weeks. However,
84 ABC Enterprise Agreement 2022 - 2025
Paid Primary Carer Parental Leave taken at half pay will not count as service
beyond 16 weeks.
43.3 Superannuation on periods of Unpaid Parental Leave
43.3.1 When an employee takes unpaid parental leave and meets the criteria in
43.3.2 below, the ABC will contribute to the employee's nominated
superannuation fund an amount calculated at the same rate as the
employee's contributions were calculated when they were on the Paid
Primary Carer Leave period for that period of paid leave.
43.3.2 The criteria are:
a. The employee is entitled to Paid Primary Carer Leave under this
clause 43;
b. The employee’s nominated superannuation fund rules allow the ABC
to make these contributions during a period of unpaid parental leave;
c. The period of unpaid parental leave is less than or equal to the period
allowed under the NES; and
d. The employee is not otherwise entitled to receive superannuation
contributions in respect of the period of unpaid parental leave under
their superannuation fund arrangements.
43.4 Additional Entitlement in the case of adoption or foster Care
43.4.1 Employees may take up to 2 days’ unpaid leave to attend any interviews or
examinations required to obtain approval for the adoption or foster care
arrangements.
43.5 Supporting Partner Leave
43.5.1 An employee may take up to four (4) weeks’ paid leave for the purpose of
caring for the child, subject to operational requirements, if:
a. the employee's spouse or partner gives birth to the child;
b. the employee's spouse or partner is the primary carer of the child of
the employee or the employee's spouse or partner born through
surrogacy; or
c. the employee's spouse or partner is the primary carer of the child that
the employee or the employee's spouse or partner has adopted or in
relation to whom the employee or the employee's spouse or partner
has a foster care arrangement (provided that the proposed foster care
arrangement is for more than 12 months).
ABC Enterprise Agreement 2022 - 2025 85
43.5.2 The period of Supporting Partner Leave that the employee is entitled to take
shall be reduced by the length of:
a. any Paid Primary Carer Leave the employee has already taken in
excess of 12 weeks; and
b. any Supporting Partner Leave that any other employee has already
received in relation to the child.
43.5.3 Supporting Partner Leave must be taken within 24 months of the birth or
placement of the child and, unless the ABC otherwise agrees, must be taken
in minimum periods of one week.
43.5.4 The employee is not required to be the primary carer of the child to use
Supporting Partner Leave, but the child must be in their care.
43.5.5 Supporting Partner Leave cannot be taken during a period in which the
employee receives Dad and Partner Pay under the Paid Parental Leave Act
2010 (Cth) and is in addition to unpaid concurrent parental leave under the
NES.
43.5.6 An employee who is eligible for Supporting Partner Leave under this clause
may also use up to 10 days of their personal/carer’s leave for caring
purposes.
43.6 Eligibility, evidence, counting of service and payment
43.6.1 In relation to paid leave under this clause 43 and subject to the other
provisions of this clause 43:
a. to be eligible to receive any paid leave, an employee must have (at
the commencement of the period of paid leave) at least 12 months'
continuous service, not counting any periods during which they were
employed on a casual basis;
b. casual employees are not eligible for any paid leave;
c. for the avoidance of doubt, two ABC employees cannot both receive
the same type of paid leave under this clause 43 in relation to a child
at the same time;
d. an employee seeking to take any paid leave must provide any notice
and evidence reasonably required by the ABC from time to time in
relation to any matter relevant to this clause (including whether the
employee is the primary carer of the child);
e. a period during which an employee receives any paid leave counts as
service;
86 ABC Enterprise Agreement 2022 - 2025
f. paid leave must be taken in a single continuous period and payment
will be made at the employee's salary at the rate that applied
immediately prior to the commencement of the period of paid leave;
g. the maximum amount of paid Primary Carer Leave and Supporting
Partner Leave that an employee can take in relation to a child is 16
weeks; and
h. the entitlements in relation to multiple children born, adopted or placed
at the same time (eg twins) are the same as in relation to one child.
44. Purchased Leave
44.1 Purchased Leave Agreement
44.1.1 By agreement with the ABC, an ongoing employee may purchase up to 4
weeks additional leave per year, to be funded by fortnightly salary deductions
spread evenly over the 12 month period in which the leave will be taken,
provided that:
a. applications to purchase leave will only be considered where the
employee’s annual leave credit does not exceed 6 weeks at the time
of application;
b. the amount of purchased leave applied for must be in full weeks; and
c. approval will be subject to operational requirements and will involve
no additional cost to the ABC (i.e. compared with the employee’s
current arrangements).
44.1.2 The purchased leave agreement will be in writing, in advance, and will
specify:
a. the amount of leave to be purchased;
b. the amount of salary to be deducted each fortnight; and
c. the anticipated dates when the purchased leave will be taken.
44.1.3 Modifications can be made to the purchased leave agreement where mutually
agreed.
44.1.4 Either the employee or the ABC can terminate the agreement with two weeks’
notice.
44.2 Related Conditions
44.2.1 The fortnightly salary deductions for purchased leave will be calculated on
the basis of the employee’s ongoing salary (including annual buyout, district,
first aid and clothing allowance where applicable) at the time of purchase.
ABC Enterprise Agreement 2022 - 2025 87
Higher duties allowance will not be included in the purchase cost and will not
be paid to the employee during periods of purchased leave.
44.2.2 Unless otherwise agreed, purchased leave not taken in accordance with the
purchased leave agreement will be reimbursed to the employee at the rate at
which it was purchased.
44.2.3 Where, during the 12 month period in which the salary deductions for
purchased leave are scheduled:
a. an employee ceases employment with the ABC; or
b. the purchased leave agreement ceases to operate; and
c. payments for purchased leave taken remain outstanding
the amount outstanding must be repaid in full and may be deducted from any
termination payment or amount owing to the employee.
44.2.4 Purchased leave will count as service for all purposes.
44.2.5 Purchased leave is not annual leave and does not attract an annual leave
loading.
45. Leave Without Pay
45.1.1 The ABC may approve leave without pay (LWOP) for periods up to 12 months
having regard to operational requirements. Leave may be granted for a range
of reasons including:
a. study purposes;
b. to accompany a partner on a temporary posting;
c. compassionate or caring reasons;
d. secondments and exchanges;
e. additional recreational purposes;
f. other special circumstances considered appropriate to the interests of
the ABC and the individual.
45.1.2 The ABC may also approve periods of LWOP or extensions of LWOP in
excess of 12 months. Grants of LWOP in these cases may be for special
circumstances, including but not limited to:
a. study reasons in the interests of the ABC;
b. for an employee to take up full-time service for an extended period
with the Australian Defence Force or ally, or the United Nations;
88 ABC Enterprise Agreement 2022 - 2025
c. to accompany a spouse or partner, employed by a Commonwealth
organisation, on an overseas or interstate posting.
45.1.3 Unless otherwise approved or required by the Long Service Leave
(Commonwealth Employees) Act 1976 (Cth) LWOP will not count as service
for any purpose.
45.1.4 Periods of LWOP (not to count as service) will have the following effect on
credits:
a. personal/carers leave and long service leave - credit deferred by the
entire period of the absence greater than five days in any personal
leave credit year;
b. annual leave - credit reduced by absences totalling more than five
days per calendar year.
45.1.5 LWOP will not normally be approved until available annual leave credits are
used.
ABC Enterprise Agreement 2022 - 2025 89
Part K Travel and Overseas Postings
46. Distant Assignments
46.1 Definition
a. For the purpose of this Agreement, a ‘distant assignment’ means an
assignment requiring an employee to spend one night or more away
from the city or town in which they normally work.
b. A distant assignment shall begin on the employee’s departure from
the city or town in which they normally work and shall cease on their
return.
c. An employee on temporary transfer or relieving duties, attending
schools, courses, conferences or seminars shall not be considered to
be on a distant assignment.
46.2 Hours of Work
46.2.1 During a distant assignment, the total of actual work time and travel time shall
count as hours worked, provided that travel time shall not include travel
beyond eight hours on any day for:
a. business class air travel;
b. travel by ship on which accommodation and meals are provided; or
c. travel by train where a sleeping berth is provided.
46.2.2 During a distant assignment, the daily ordinary hours will be the prescribed
nominal hours as set out in clause 3.1.10.
47. General Travel Conditions
47.1.1 Travel conditions will be applied in accordance with the Domestic Travel
Guidelines and the International Travel Guidelines, as applicable. These
guidelines do not form part of this Agreement.
48. Domestic Travelling Allowance
48.1 Eligibility
48.1.1 Subject to subclause 48.6, an employee who undertakes travel on official
ABC business and is required to be absent overnight will be paid an
allowance in respect of the costs of accommodation, meals and incidental
expenses. Where an employee has been transferred permanently to a new
90 ABC Enterprise Agreement 2022 - 2025
locality, travelling allowance will not apply in respect of the transfer. This
clause does not apply to an employee on a Long Term Assignment.
48.2 Rate of Payment
48.2.1 The allowance is to be calculated in accordance with the travelling allowance
rates notified from time to time by the Australian Taxation Office.
48.3 Adjustment to Allowance
48.3.1 In circumstances where an employee has incurred reasonable costs in
excess of those paid under this clause, or the actual travel undertaken is less
than that calculated, the delegate may authorise an adjustment to the
employee’s payment.
48.4 Absence not less than ten hours
48.4.1 Except where an employee is rostered to commence and finish work for the
day at their usual workplace, an employee who is absent from their usual
workplace on official ABC business for a period of not less than ten hours,
but not absent overnight, will be paid the prescribed rate of allowance.
48.5 Reviewed Travelling Allowance
48.5.1 Where an employee has worked at a temporary locality for more than 21
days, the employee will be eligible for an allowance equal to the amount
expended on accommodation, meals and incidental expenses, or an amount
which is authorised by the ABC to be reasonable in the circumstances.
48.6 Expenses paid by ABC
48.6.1 Where an employee is provided with accommodation and/or meals at ABC
expense, the employee will not be paid an allowance in respect of the subject
components.
49. Overseas Travelling Allowance
49.1 Eligibility
49.1.1 An employee who undertakes overseas travel on official ABC business will
be paid:
a. an allowance in respect of meals and incidental expenses to be
calculated in accordance with the International Travel Guidelines as
determined by the ABC from time to time; and
b. transport and accommodation expenses in accordance with the
International Travel Guidelines as determined by the ABC from time
to time.
ABC Enterprise Agreement 2022 - 2025 91
49.2 Adjustment
49.2.1 Where an employee has incurred reasonable costs in excess of those paid
by the ABC or the actual travel undertaken is less than that calculated, the
delegate may authorise an adjustment to the employee’s payment.
50. Travel By Air
50.1 Domestic
50.1.1 Employees will normally travel Economy Class when travelling on ABC
business within Australia unless otherwise agreed.
50.2 International
50.2.1 An employee who is directed to travel overseas for ABC business will fly
Business Class unless:
a. the scheduled flight duration is less than four hours; or
b. the employee is not required to commence duty within 11 hours after
arriving at their destination; or
c. the ABC and employee otherwise agree,
in which case the employee will fly standard Economy Class.
50.3 Special Insurance
50.3.1 An employee who as part of their employment is required to travel in an
aircraft in circumstances which in the opinion of the Managing Director (or a
person authorised by the Managing Director) may involve risks greater than
involved in normal air charter operations shall be insured by the ABC for:
a. an amount of up to $500,000 in the event of death; or
b. amounts considered appropriate by the Managing Director (having
regard to usual insurance practices) in the event of partial or total
incapacity or injury.
50.3.2 The insurance referred to above is to be in addition to section 14(1) of the Air
Accidents (Commonwealth Government Liability) Act 1963 (Cth).
50.3.3 No special insurance or cover shall however apply in the case of an
employee:
a. who is involved in travel by aircraft used by the Commonwealth for
VIP flights; or
b. who is involved in travel on a flight by a charter aircraft and the type
of aircraft chartered is one which may customarily be used on
92 ABC Enterprise Agreement 2022 - 2025
scheduled flights and where no physical work is required of the
employee on the flight.
50.3.4 The above clause will operate to the extent allowable by law.
51. Insurance General
51.1.1 If an employee is required to perform work that would invalidate their personal
insurance policy/ies, the employee will, prior to performing such work, notify
the ABC of the details of such policy/ies. The ABC will either give the
employee indemnity against this invalidation or give the employee notice that
the indemnity will not be given, in which case the employee may decline to
perform the work.
52. Overseas Posting Conditions
52.1.1 In respect of employees posted overseas on Long Term Assignment, and
employees posted overseas on a Media Development Project regardless of
duration, the ABC will apply the provisions set out in its ABC overseas
Guidelines for International Assignments in place from time to time.
ABC Enterprise Agreement 2022 - 2025 93
Part L Managing Change
53. Consultation
53.1 General
53.1.1 This subclause applies if:
a. the ABC has made a formal proposal to introduce a major change to
production, program, organisation, structure or technology in relation
to its enterprise; and
b. b. the change is likely to have a significant effect on employees of the
enterprise.
53.1.2 The ABC must notify the relevant employees and any union covered by this
Agreement of the formal proposal.
53.1.3 The relevant employees may appoint a representative for the purposes of the
procedures in this term.
53.1.4 The ABC must recognise the representative in accordance with subclause
53.1.3, if:
a. a relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
b. the employee or employees advise the ABC of the identity of the
representative.
53.1.5 As soon as practicable after the ABC has developed the formal proposal, the
ABC must:
a. discuss with the relevant employees:
i. the introduction of the change;
ii. the effect the change is likely to have on the employees;
iii. measures the ABC is taking to avert or mitigate the adverse
effect of the change on the employees; and
b. for the purposes of the discussion – provide, in writing, to the relevant
employees:
i. all relevant information about the change including the nature
of the change proposed;
ii. information about the expected effects of the change on the
employees; and
94 ABC Enterprise Agreement 2022 - 2025
iii. any other matters likely to affect the employees.
53.1.6 When the ABC is consulting under this clause 53 in relation to a major change
that will or is likely to result in the termination of the employment of employees
by reason of redundancy, the ABC will at the earliest opportunity hold
discussions with affected employees and their representatives concerning:
a. the reasons for the redundancies and the measures taken to avoid or
minimise those redundancies; and
b. alternatives to redundancy, including natural attrition, transfer and any
opportunities for redeployment and/or retraining, as well as voluntary
redundancy where there are more than 10 employees in a Likely
Affected Class as defined in 54.5.2,
provided that these discussions may also be regarded as satisfying the
requirements of clause 54 and may be conducted concurrently with the
requirements in clause 54.
53.1.7 However, the ABC is not required to disclose confidential or commercially
sensitive information to the relevant employees.
53.1.8 The ABC must give prompt and genuine consideration to matters raised
about major workplace change.
53.1.9 In this clause, a major change is likely to have a significant effect on
employees if it results in:
a. the termination of the employment of employees; or
b. major change to the composition, operation or size of the ABC's
workforce or to the skills required of employees; or
c. the elimination or diminution of job opportunities (including
opportunities for promotion or tenure); or
d. the alteration of hours of work; or
e. the need to retrain employees; or
f. the need to relocate employees to another workplace; or
g. the restructuring of jobs.
53.1.10 In this clause, “relevant employees” means the employees who may be
affected by the major change.
ABC Enterprise Agreement 2022 - 2025 95
Part M Redundancy
54. Redundancy
54.1 General
54.1.1 Wherever possible, the ABC will adopt positive alternatives to redundancy,
and will seek to minimise the need for redundancies through workforce
planning, employee development and performance management strategies,
backed up by an active redeployment and retraining policy.
54.2 Reasons for Redundancy
54.2.1 An employee is redundant where:
a. they are no longer required for the efficient and economical operation
of the ABC; or
b. they cannot be effectively employed because of technological change
or other changes in work practices; or
c. their function is transferred to another location that is not within
reasonable commuting distance of their current location, they are not
willing to relocate and there is no suitable alternative position available
within reasonable commuting distance; or
d. their skills, talents or perceived audience appeal are no longer
relevant to the ABC’s overall program requirements.
54.3 Exclusions
54.3.1 This clause does not apply to:
a. Fixed term or specified task employees;
b. Employees employed on phased retirement employment if the
employment is terminating at the agreed end date;
c. Employees on probation; or
d. Casual employees.
54.4 Voluntary Redundancy, Substitution and Redeployment
54.4.1 At any time after likely redundancies have been identified, the ABC may at its
discretion call for expressions of interest in voluntary redundancies. This
includes calling for expressions of interest in voluntary redundancy from
unaffected employees in substitution for affected employees and/or
opportunities for redeployment for affected employees.
96 ABC Enterprise Agreement 2022 - 2025
54.4.2 In assessing the viability of substitution, the ABC will have regard to the
relative competency, experience and efficiency of the employees in question
and the relative costs of redundancy between the affected employee/s and
the proposed substitute employee/s. The final decision in relation to
substitution and/or redeployment will rest with the ABC.
54.4.3 Where the ABC agrees to a substitution:
a. the substitute employee will, as soon as practicable, be formally
notified that they are to be retrenched in accordance with 54.6.1; and
b. the original employee will be redeployed into the substitute
employee's position.
54.5 Redundancy (Pool) Selection Process
54.5.1 This subclause applies in circumstances where more than 10 employees are
to be made redundant from a change proposal, and sets out what is required
to comply with subclause 53.1.6.
54.5.2 The ABC will make a preliminary determination of the classes of employees
from which redundancies will occur (Likely Affected Class) and the number
of employees to be made redundant.
54.5.3 Having complied with subclause 54.5.2 the ABC will then;
a. call for expressions of interest from suitable employees for voluntary
redundancy from those in the Division in which the Likely Affected
Class is contained. The ABC will also advise a closing date and time,
which would ordinarily be within 10 days of the call for expressions of
interest;
b. consider all expressions of interest, however, the ABC will make the
final decision as to whether it accepts any expression of interest for
voluntary redundancy, rejects the application or defers its
consideration to the time for the consideration under subclause 54.5.7
(Deferred Expression of Interest);
c. communicate its decisions to employees who express interest in
voluntary redundancy and its decision (including under clause 54.5.7)
will be final and cannot be challenged (including under Part O).
54.5.4 In the event that the process under subclause 54.5.3 does not result in
sufficient redundancies to meet the number identified under subclause
54.5.2, the ABC will commence consultation about the change proposal
under subclause 53.1. For that purpose the ABC will notify the Likely Affected
Class and their representatives of, and consult with them about, the number
of employees to be made redundant, the Likely Affected Class, the selection
ABC Enterprise Agreement 2022 - 2025 97
criteria and the employees within the Likely Affected Class most at risk of
redundancy (At Risk Employees).
54.5.5 Following notification and consultation, which will ordinarily be concluded
within 14 days from the date of notification in subclause 54.5.4, the ABC will
make a final determination and publish the class of employees from which
redundancies will occur (the Affected Class), the number of employees
within the Affected Class to be made redundant and the selection criteria
(Final Selection Criteria). “Publish” means, provide in writing to the Affected
Class and their representatives.
54.5.6 The ABC will then select the employees from the Affected Class to be made
redundant by applying the Final Selection Criteria and will provide them with
written notification under subclause 54.6.1 (Selected Employee).
54.5.7 The ABC will, at this stage, consider any Deferred Expression of Interest or
any other expression of interest in substitution made within 14 days of the
notice to the Selected Employee under subclause 54.5.6 and whether the
employee concerned might be substituted for any Selected Employee to
whom subclause 54.5.3.b applies. Subclauses 54.4.1 and 54.4.2 will apply to
this process. The ABC decision in relation to substitution will be final and
cannot be challenged (including under Part O).
54.5.8 For the avoidance of doubt, subclauses 54.5.4 to 54.5.6 does not apply if the
ABC decides compulsory redundancies are unnecessary in view of the
number of expressions of interest for voluntary redundancy accepted by the
ABC.
54.5.9 The operation of subclause 54.5 can be varied by agreement with the
representatives of the Likely Affected Class, however, this does not require
consultation over a proposal for a different process than set out in subclause
54.5.
54.6 Notification of Redundancy
54.6.1 Where, following initial discussions and completion of a redundancy selection
process if applicable, the ABC has determined that an employee is redundant
for a reason or reasons specified in 54.2.1 (other than a substitute employee
who is to be made redundant under subclause 54.4.1 or 54.5.7), or an
employee whose expression of interest in voluntary redundancy is accepted),
the ABC will ensure that the employee receives written notification inviting
them to consider and choose from the following options:
a. to accept immediate retrenchment under 54.9.1.a; or
b. to explore redeployment and retraining opportunities in accordance
with 54.7.
98 ABC Enterprise Agreement 2022 - 2025
54.6.2 In the event the employee fails to advise the ABC of their choice within seven
days of being informed under subclause 54.6.1, the employee will be deemed
to have chosen option 54.6.1.a above.
54.6.3 An employee who is absent on approved annual leave, long service leave or
leave without pay at the date of notification under 54.6.1 will be entitled to
complete that leave and will not be required to make the choice under 54.6.1
until the conclusion of that leave, unless they agree otherwise. If the
employee decides to complete their leave, that decision will not of itself delay
progression of the reason/s giving rise to the redundancy.
54.7 Redeployment and Retraining Period
54.7.1 If an affected employee chooses to explore redeployment and retraining
opportunities as allowed by subclause 54.6.1.b the ABC will:
a. make an assessment of their competencies;
b. provide advice on employment options;
c. canvass work areas for possible suitable vacancies;
d. assess reasonable retraining options;
e. assist with interview and job search skills;
f. take other appropriate action.
54.7.2 At the employee’s discretion, the ABC will continue to explore redeployment
and retraining possibilities for up to six weeks from the date the employee
was first notified under 54.6.1 that they are redundant.
54.7.3 An employee who takes personal/carer’s leave during the redeployment and
retraining period may apply, on production of a medical certificate, for an
extension of the redeployment period for a period equal to the
personal/carer’s leave taken. An extension of the redeployment period will be
at the discretion of the ABC, depending on the employee’s prospects of
redeployment and any other factor it considers relevant. If the period of
personal/carer’s leave is more than two weeks and the ABC declines an
application for an extension, the employee will, in addition to the
retrenchment payments set out in 54.10.1 receive a payment equal to the
period of personal/carers leave taken up to a maximum of four weeks.
54.8 Decision to Redeploy
54.8.1 The ABC may redeploy an employee to a vacant position above, at or below
the employee’s substantive salary, provided that:
ABC Enterprise Agreement 2022 - 2025 99
a. the employee is assessed by the ABC as possessing the
competencies required for the position, or may be able to attain those
competencies with reasonable training; and
b. the employee agrees to the redeployment.
54.8.2 Where an employee is to be redeployed to a position at a lower substantive
salary band, they will be entitled to income maintenance from the date of
redeployment. The duration of income maintenance will be calculated
incrementally at the rate of four weeks for each year (or part year thereof to
a completed month) of continuous service. The minimum period of income
maintenance will be 12 weeks and the maximum period 44 weeks.
54.8.3 Salary for income maintenance purposes will be fixed in dollar terms other
than for increases applying under subclause 17.1.1. Salary for income
maintenance purposes will include any regular shift penalties received (on
average) over the 12 months preceding the date of redeployment.
54.8.4 The amount of income maintenance will be reduced by the amount of any
increase payable through the performance management and development
system.
54.9 Notification of Retrenchment
54.9.1 The ABC will formally notify an employee in writing that they are to be
retrenched if:
a. following initial discussions they do not wish to examine redeployment
and retraining options; or
b. after choosing to examine redeployment and retraining options no
suitable alternative employment has been found; or
c. the employee has agreed to be substituted under 54.4.1 or 54.5.7; or
d. the employee has expressed interest in voluntary redundancy and this
has been accepted.
54.10 Payments
54.10.1 An employee who is retrenched will receive:
a. notice or payment in lieu of notice:
Period of Continuous Service and Age Period of Notice
Under five years Four weeks
Five years and over and under 50 years of age Five weeks
Five years and over and 50 years of age or older Six weeks
100 ABC Enterprise Agreement 2022 - 2025
Provided that payment in lieu of notice will require employee agreement in
the case of an employee who is notified that they are to be retrenched under
54.9.1.b.
b. a severance payment equal to four weeks’ salary for every completed
year of service for the first five years and three weeks’ salary for every
completed year of service thereafter to a maximum of 24 years'
service. Pro rata calculation to the nearest completed month of service
applies after the first year.
c. any unpaid long service leave and pro rata long service leave.
d. any unpaid annual leave and annual leave loading.
e. payment in lieu for the un-worked portion of the redeployment and
retraining period specified in 54.7.2, where the employee (other than
a substitute employee under 54.4.1 or 54.5.7 or an employee whose
expression of interest in voluntary redundancy is accepted) leaves
before the expiration of the six week period.
54.10.2 Unless otherwise agreed, ‘service’ means continuous service with the ABC
(provided that any break between periods of employment is not greater than
two months) and/or:
a. previous Commonwealth service where the employee transferred to
the ABC under Public Service Act Mobility provisions or former
recognised arrangements such as the Public Service - Officers’ Rights
Declaration Act; and/or
b. the Australian Defence Force (ADF);
and the service did not cease by retrenchment, retirement on grounds of
medical incapacity, inefficiency or loss of qualifications, abandonment of
employment, dismissal, termination of probation, or voluntary retirement at or
above the minimum retiring age applicable to the employee or with the
payment of an employer-financed retirement benefit.
54.10.3 For the purpose of calculating any payment under 54.10.1, ‘salary’ will
include:
a. the employee’s base salary;
b. higher duties allowance where the employee has been acting for a
continuous period of at least 12 months immediately prior to the date
of formal notification of retrenchment under 54.9;
c. regular shift penalties paid (on average) over the 12 months
immediately preceding the date of formal notification, provided the
ABC Enterprise Agreement 2022 - 2025 101
employee has been paid penalties for at least half the pay periods
over that period; and
d. other allowances in the nature of salary which are paid during periods
of annual leave, excluding allowances which are reimbursement for
expenses incurred, or payment for disabilities associated with the
performance of duty.
54.10.4 Retrenched employees who exercise their right under the mobility provisions
of the Public Employment (Consequent and Transitional) Act 1999 (Cth) to
seek reappointment to the Australian Public Service will not be eligible for the
payments under this clause.
54.11 Re-engagement
54.11.1 An employee who is paid a retrenchment benefit will not be re-engaged by
the ABC within twelve months of their retrenchment, without the approval of
the Managing Director.
102 ABC Enterprise Agreement 2022 - 2025
Part N Misconduct, Incapacity and
Separation
55. Misconduct
55.1 Definition
55.1.1 Misconduct (including serious misconduct) includes but is not limited to one
or more circumstances where an employee:
a. wilfully disobeys or disregards a reasonable and lawful direction;
b. is inefficient or incompetent for reasons within their own control;
c. is negligent or careless in the discharge of their duties;
d. engages in improper conduct as an employee of the ABC;
e. engages in improper conduct which brings, or is likely to bring, the
ABC into disrepute;
f. fails to comply with, or contravenes, a term or condition of this
Agreement;
g. deliberately provides at any time incorrect or misleading information
which is relevant to their employment;
h. exercises unlawful discrimination, patronage or favouritism in relation
to employment matters within the ABC.
55.2 Process
55.2.1 Where an allegation of misconduct is made, the employee will be:
a. advised in writing of the nature of the alleged misconduct;
b. advised that at any stage during these or subsequent proceedings
they may choose to be accompanied or represented by a person of
their choice;
c. advised in writing of the process to be undertaken by the ABC to
determine whether the alleged misconduct is substantiated;
d. in the event that an investigation is required, the employee will be
advised in writing that an independent investigator will be appointed
by the ABC who will report their findings back to the relevant delegate;
e. provided with a right of access to any material that is reasonably
necessary for the employee to respond to the allegation, provided that:
ABC Enterprise Agreement 2022 - 2025 103
i. the ABC, where appropriate, may de-identify or otherwise
anonymise that material where the ABC has a reasonable
concern about the potential victimisation of a witness or
complainant, provided that the employee (and their
representative) has access to sufficient material to understand
and respond to the allegation; and
ii. the ABC may require the employee to keep confidential the
material provided, other than to seek advice from their
representative;
f. given an opportunity to respond and/or explain their actions or
inactions and any mitigating factors they seek to have taken into
consideration, provided that explanation is provided in a timely
manner.
55.2.2 Where the ABC forms the view that the alleged misconduct is likely to
constitute serious misconduct, the ABC will advise the employee of that view
at the earliest opportunity.
55.3 Suspension
55.3.1 Where the nature or seriousness of the alleged misconduct is such that it is
reasonable to suspend the employee from duty, the ABC may suspend the
employee with or without pay while an investigation is conducted.
55.3.2 The ABC will only suspend the employee without pay under subclause 55.3
if the employee agrees.
55.3.3 An employee on suspension either with or without pay will not attend their
place of work unless authorised by the ABC.
55.3.4 The ABC may grant an employee access to accrued annual and/or long
service leave during a period of unpaid suspension.
55.3.5 Where an investigation concludes that misconduct is not substantiated, or the
nature of the misconduct does not warrant the withholding of pay during the
period of suspension, the employee will be reimbursed for ordinary pay
withheld during the suspension and any paid leave taken by the employee
during the suspension will be restored.
55.4 Disciplinary Action
55.4.1 Where an allegation of misconduct is substantiated, the ABC may impose
one or more of any of the following forms of disciplinary action, as appropriate
to the nature and seriousness of the misconduct:
a. reprimand the employee;
104 ABC Enterprise Agreement 2022 - 2025
b. issue a written warning to the employee;
and in the case of serious misconduct;
c. transfer the employee to another position at an equal or lower salary;
d. withhold the employee's salary for part or all of the period of
suspension;
e. reduce the employee's salary within the band;
f. dismiss the employee with notice or payment in lieu in accordance
with the relevant provisions of clause 57 - Termination of Employment;
or
g. dismiss the employee without notice in accordance with subclause
57.1.1.a.
55.4.2 The ABC may, in its discretion, determine that although the misconduct is
substantiated, no disciplinary action should be taken, but the employee will
be counselled and the counselling recorded on the employee's file.
55.4.3 The ABC will not act under subclause 55.4.1.d absent the employee's
agreement – that is, to withhold the employee's pay for part or all of the period
of suspension in the case of serious misconduct.
55.5 Written Warnings
55.5.1 Where a written warning is issued, a copy will be placed on the employee's
personnel file and a copy given to the employee.
55.5.2 The warning will identify any corrective action to be taken, and that failure to
comply with the corrective action may lead to further disciplinary action,
including dismissal.
55.6 Summary Dismissal
55.6.1 Nothing in this Agreement limits or affects in any way the ABC's right to
dismiss an employee summarily if the employee has committed serious
misconduct.
56. Medical Incapacity & Rehabilitation
56.1 Case Management
56.1.1 Where an employee is, or is likely to be, incapable of performing their job for
an extended period of time due to medical reasons the ABC will manage the
case in accordance with medical advice to assist with the employee’s
rehabilitation.
ABC Enterprise Agreement 2022 - 2025 105
56.1.2 For the purposes of this clause, the ABC may direct an employee to attend a
medical assessment by an independent medical practitioner.
56.1.3 The ABC acknowledges that the Safety, Rehabilitation and Compensation
Act 1988 (Cth) (SRC Act) applies in relation to compensable work related
injuries and prevails over clause 56 to the extent of any inconsistency with
the SRC Act.
56.2 Rehabilitation
56.2.1 Where a medical assessment indicates that an employee will not be able to
return to their full work capacity within a reasonable time frame, the ABC may
review the continued employment of the employee and take such action as
is appropriate.
56.2.2 Appropriate action will depend on the circumstances of the individual case
but may include:
a. implementing a rehabilitation plan;
b. considering whether the employee could perform the inherent
requirements of their pre-injury role with reasonable adjustment or
accommodation of the employee's medical condition, taking into
account the ABC's operational requirements;
c. where medical advice indicates that the employee is unlikely to be
able to perform the inherent requirements of their pre-injury role with
reasonable adjustment or accommodation of the employee's medical
condition, taking into account the ABC's operational requirements, the
ABC may declare the employee's substantive position vacant and:
i. seek to redeploy the employee to suitable duties;
ii. transfer the employee to another suitable role, including one at
a lower salary band where medical advice indicates the
proposed duties are suitable;
iii. providing training and development for a reasonable period of
time to assist with a career change; or
iv. terminate the employment, provided the ABC complies with
subclause 56.3.3.
56.2.3 An employee will adhere to a rehabilitation plan implemented by the ABC in
accordance with medical advice.
56.2.4 Where an employee refuses to adhere to a rehabilitation plan, an
independent medical opinion will be sought to assess the suitability of the
plan.
106 ABC Enterprise Agreement 2022 - 2025
56.3 Salary Reduction & Termination
56.3.1 Should the rehabilitation of an employee with a non-worker’s compensation
injury fail to result in either a return to their pre-injury role or redeployment to
a suitable permanent role within 12 months of their date of injury the ABC
may direct the employee to perform duties the employee has been assessed
as being fit to perform and the ABC may reduce the employee’s salary to
correspond with the level of those duties, provided that:
a. where necessary, independent medical advice will be sought to
assess the level at which the employee is fit to work; and
b. where 12 months after the date of injury the employee continues to
have a personal/carers leave entitlement, they may utilise this
entitlement to maintain their salary at the level of their pre-injury
normal weekly earnings until such time as their personal/carers leave
is exhausted.
56.3.2 Failure to adhere to a rehabilitation plan that has been assessed as being
suitable constitutes misconduct under subclauses 55.1.1a and 55.1.1f and
the ABC may implement appropriate disciplinary action, including giving
notice of termination of employment.
56.3.3 The ABC will not proceed with termination on medical grounds within a period
of 52 weeks from the date of injury without the employee’s agreement or
unless the termination is in accordance with 56.3.2 and the provisions of the
relevant superannuation legislation.
57. Termination of Employment
57.1 Basis for Termination
57.1.1 Subject to 57.2.2, the ABC may terminate an employee’s employment on the
following basis:
a. Summarily, if the employee is guilty of serious misconduct.
b. On notice (or the provision of payment in lieu of notice), on the
following grounds:
i. Redundancy (in accordance with clause 54)
ii. Medical incapacity (in accordance with clause 56)
iii. Unsatisfactory performance (in accordance with clause 23)
iv. Misconduct (in accordance with clause 55)
v. Abandonment of employment.
ABC Enterprise Agreement 2022 - 2025 107
c. On notice (or the provision of payment in lieu of notice) during
probation.
57.2 Notice on Termination
57.2.1 If the ABC terminates an employee’s employment on notice (or the provision
of payment in lieu of notice), then the required notice or payment in lieu, other
than for redundancy, must be calculated in accordance with the following:
Period of Continuous Service Period of Notice
For probationary employees up to and including six
months
One week
For trainees or cadets more than 6 months Two weeks
Up to and including 12 months Two weeks
Over 12 months and under five years Four weeks
Five years and over Six weeks
57.2.2 Subclauses 57.1.1 and 57.2.1 will not apply in the case of
a. a fixed term or specified task employee, other than employees
engaged on Nominated Long Term Specified Task Employment,
employees engaged on Nominated Long Fixed Term Employment
and employees on Phased Retirement Employment. The ABC may
summarily dismiss a fixed term or specified task employee in
appropriate circumstances.
b. a casual employee whose employment ceases when the period for
which they were employed has ended.
58. Resignation or Retirement
58.1.1 Unless otherwise agreed between the ABC and the employee, an employee
must give the ABC notice of resignation or retirement as follows:
Period of Continuous Service Period of Notice
Less than three years Two weeks
Three years, but less than five years Three weeks
Five years and over Four weeks
58.1.2 If an employee fails to give the required notice of resignation or retirement in
full or in part without the ABC’s consent, the employee may specifically
authorise the ABC to deduct from monies due an amount equal to the gross
ordinary rate of pay for the notice not worked or not given. Any outstanding
balance becomes a debt due to the ABC. Deductions pursuant to this clause
108 ABC Enterprise Agreement 2022 - 2025
are from the employee's gross salary before tax (that is, a week's notice not
worked, or not given, will be fully satisfied by the deduction of an amount
equal to one week's salary being withheld by the ABC before tax is applied.
Where an employee declines to authorise such a deduction, either in full or
in part, the remaining amount outstanding equal to the gross ordinary rate of
pay for the notice not worked or not given becomes a debt due to the ABC.
ABC Enterprise Agreement 2022 - 2025 109
Part O Settlement of Grievances and
Disputes
59. Personal Grievance Resolution
59.1.1 Personal grievances between employees, or between an employee and their
manager, will be dealt with in a manner that:
a. promotes timely resolution in the workplace;
b. is fair and equitable, having regard to natural justice, good conscience
and the merits of the case.
59.1.2 Consistent with these principles, personal grievances will be dealt with in
accordance with the ABC Grievance Resolution Guidelines, as amended
from time to time.
60. Prevention and Resolution of Disputes
60.1 General
60.1.1 Subject to the exceptions in subclause 60.2, if a dispute relates to:
a. a matter arising under this Agreement; or
b. the NES; or
c. the application of the Recruitment and Selection Guidelines as in
place from time to time;
d. the application of the Performance Management Guidelines as in
place from time to time,
this term sets out procedures to settle the dispute.
60.1.2 An employee who is a party to the dispute may appoint a representative for
the purpose of the procedures in this term.
60.1.3 In the first instance, the parties to the dispute must try to resolve the dispute
at the workplace level, by discussions between the employee or employees
and relevant supervisors and/or management.
60.1.4 If discussions at the workplace level do not resolve the dispute, a party to the
dispute may refer the matter to the Fair Work Commission.
60.1.5 The Fair Work Commission may deal with the dispute in two stages:
110 ABC Enterprise Agreement 2022 - 2025
a. the 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
b. if the Fair Work Commission is unable to resolve the dispute at the
first stage, the Fair Work Commission may then:
i. arbitrate the dispute; and
ii. make a determination that is binding on the parties.
60.1.6 While the parties are trying to resolve the dispute using the procedures in this
term, an employee must continue to perform their work as they would
normally unless they have a reasonable concern about an imminent risk to
their health and safety. In which case, the employee must comply with a
direction given by the ABC to perform other available work at the same
workplace, or at another workplace, unless:
a. the work is not safe; or
b. applicable work health and safety legislation would not permit the work
to be performed; or
c. the work is not appropriate for the employee to perform; or
d. there are other reasonable grounds for the employee to refuse to
comply with the direction.
60.1.7 The parties to the dispute agree to be bound by a decision of the Fair Work
Commission in accordance with this term, provided that a party to the dispute
may appeal the decision to a Full Bench of the Fair Work Commission in
accordance with section 604 of the Act.
60.2 Exceptions to subclause 60.1
60.2.1 The disputes procedure in subclause 60.1 does not apply to a dispute about
subsection 65(5) or 76(4) of the Act.
60.2.2 The disputes procedure in subclause 60.1 does not apply to disputes
regarding:
a. a salary outcome or rating of an Appraisal, or
b. an employee who believes that they have regularly been performing,
and were required to perform, tasks beyond the level specified in their
Job Plan.
These disputes will be dealt with in accordance with subclause 60.4
Reconsideration and Appeal Against an Appraisal Decision.
ABC Enterprise Agreement 2022 - 2025 111
60.2.3 The disputes procedure in subclause 60.1 does not apply to a dispute
regarding a Selection Decision under clause 13. These disputes will be dealt
with in accordance with subclause 60.3 – Right of Appeal Against a Selection
Decision. However, a party to the dispute may still refer the matter to the Fair
Work Commission for conciliation only, independently of subclause 60.3.
60.3 Right of Appeal Against a Selection Decision
60.3.1 Subclauses 60.1.1 to 60.1.3 apply to a dispute regarding a Selection
Decision. Once those steps have been followed, the provisions below will
apply.
60.3.2 An ABC employee, who is an applicant for a vacancy which has been the
subject of a Selection Panel assessment, may apply to the Fair Work
Commission for it to deal with a dispute which is an appeal against a Selection
Decision where that decision is based on any alleged:
a. non-observance of due process;
b. unlawful discrimination;
c. patronage or favouritism by a Selection Panel.
60.3.3 An application by an ABC employee must be in the form prescribed by the
Act.
60.3.4 The application must be lodged within 7 days after the date of notification to
an employee that they have been unsuccessful in their application for the
position in question.
60.3.5 There is no right of appeal against:
a. a Selection Decision based on merit;
b. a Selection Decision to a position involving a joint venture;
c. a Selection Decision involving an external appointment; or
d. a Selection Decision in respect of a vacancy where the vacancy
duration is 12 months or less.
60.3.6 On receipt of an application for a dispute resolution process under this clause,
the Fair Work Commission will establish a Selection Committee Assessment
Panel. The Panel will be comprised of three people:
a. an independent chairperson nominated by the Fair Work Commission;
b. a person nominated by the ABC; and
c. the appellant's nominee who must be from outside the appellant's
work area.
112 ABC Enterprise Agreement 2022 - 2025
If the appellant does not appoint to the Selection Committee Assessment
Panel a nominee from outside their work area within 14 days, then the ABC
may appoint a person from outside the appellant’s work area.
60.3.7 The Panel can only consider the due process of the selection in accordance
with clause 13 and this subclause 60.3 and not the question of merit. The
Panel will determine the matter within 21 days of receiving the appeal and
will provide reasons for their decision in writing. The burden of proof will rest
with the appellant.
60.3.8 Where the Panel determines that due process was not observed and that the
non-observance had an adverse or detrimental impact on the selection
process, the appeal will be upheld and the Selection Decision declared void.
If the vacancy is to be filled, the ABC will convene a new selection committee
and observe due process. The ABC will retain the right to appoint the
employee of its choice in an acting capacity, pending the determination of the
appeal.
60.3.9 Where the appeal has been disallowed, the selection is automatically
confirmed.
60.3.10 The provisions of subclause 60.1.6 will apply during the process under this
subclause 60.3.
60.4 Reconsideration and Appeal Against an Appraisal Decision
60.4.1 Notwithstanding employees’ right of appeal under the provisions of this
subclause, it is expected that an employee will raise any matter of concern
regarding their Job Plan or performance feedback as soon as it arises during
the cycle.
60.4.2 If an employee disagrees with their appraisal rating, or an employee in Bands
1 - 8 disagrees with the salary outcome of their appraisal or believes both that
they have been regularly performing and were required to perform tasks
beyond the level specified in their Job Plan, (Appraisal Concerns), in the
first instance the employee should raise this with their Manager/Supervisor
for discussion in an effort to resolve their concerns.
60.4.3 If the employee’s discussions with their Manager/Supervisor do not resolve
the Appraisal Concerns, the employee may, within 14 days of the Appraisal
Outcome write to People & Culture to seek a Reconsideration. The employee
will state the reasons they consider the rating or Job Plan was unfair or failed
to take into account relevant factors. The employee may provide material in
support of the request for reconsideration, including information from two
referees.
ABC Enterprise Agreement 2022 - 2025 113
60.4.4 People & Culture will consider all relevant information, including, without
limitation, material provided by the employee in support of the request for
reconsideration and information based on People & Culture’s own enquiries,
and make a recommendation to the Director of the relevant ABC Division, or
their delegate, as to whether the original decision should be upheld or
changed.
60.4.5 The Director, or their delegate, will advise the employee of the People &
Culture recommendation within 30 days of their receipt of the
recommendation.
60.4.6 The Director, or their delegate, will either reject or accept the People &
Culture recommendation (Director’s Decision) within 30 days and advise
the employee of their decision. If People & Culture recommend that the
original decision should be changed, and the Director or delegate rejects the
recommendation, the Director will provide the employee with a written
statement which clearly outlines the reasons for rejecting the People &
Culture recommendation within 30 days of their receipt of the
recommendation.
60.4.7 If the employee is dissatisfied with the Director's or delegate's decision, the
employee can, within 30 days of being advised of the outcome, refer the
decision of a Director or delegate made under 60.4.6 to the Fair Work
Commission for binding recommendation if the employee can establish that
the Director or delegate in making the decision:
a. overlooked or breached a provision of this Agreement, or
b. allowed extraneous or irrelevant matters to guide their decision;
c. mistook the facts; or
d. failed to take into account a material consideration
provided that the employee must do so within 120 calendar days after the
date the Director or delegate advises the employee of their decision under
60.4.6.
60.4.8 In considering whether a Director or delegate has made an error in their
decision in accordance with subclauses 60.4.6, the Fair Work Commission
may:
a. only have regard to the material that was before the Director or
delegate at the time of making the decision or recommendation;
b. make such determination as necessary to correct any established
error; and
c. not substitute its own decision for that of the Director or delegate.
114 ABC Enterprise Agreement 2022 - 2025
60.4.9 The provisions of subclause 60.1.6 will apply during the process under this
subclause 60.4.
EXECUTED As an Agreement
SIGNED for and on behalf of the
AUSTRALIAN BROADCASTING CORPORATION
by an authorised officer in the presence of:
Name of witness
va~q H.a.cl?~n .
SIGNED for and on behalf of the
EMPLOYEES
by an authorised representative In the presence of:
Signature of witness
Name of witness
LT H[i\ r, RJ\N C,~ C 0
Name of witness
ABC Enlerprfse Agreement 2022 - 2025
Signature of authorised officer
~o...v~~ ~~~V',
Name of authorised officer (print)
, oo ~,r'\S S+
V \~----o ~ ~"-J
Address of authorised officer
r-\°'"'-~o~ --::t~- ~ c..,
Office held
Signature of authorised representative
£i IN !V\lt.DG L G'4
Name of authorised representative
(print)
,l"r) Ch,d ~t;r·s St, Relfti-.-i NYW
Address of authorised representative
Ch·1e.,-f E:xec1.1fi'ft. 1 ,tittEAA
Office held
/fd7 t~'o
Signature of authorised representative
S;f\dcttj E el!~
Name of authorised representative
(p~~ •
Le.v~I 4. 22A 8vncll4 St I C1 v,c .Ac-r
'
Address of authorised representative
Ae,c Sect1of\ Seer e. t-ciriA I C P-)U
. p J r
Office held C O""\ fl!\J t\ 1 tj _q l\ d ~ic ,; .f.l \-t1 r Vn~
115
f_
p_
n_
11
9_
Signature of vilineee
EXECUTED As an Agreement SIGNED for and on behalf of the AUSTRALIAN BROADCASTING CORPORATION by an authorised officer in the presence of: Signature of authorised officer Vanessa MaeBear David Anderson Name of authorised officer (print) 700 Harris St Signature of witness Ultimo NSW Address of authorised officer Managing Director. ABC Name of witness Office held Vanessa MaeBean. SIGNED for and on behalf of the EMPLOYEES by an authorised representative in the presence of: Signature of authorised representative ERIN MADELEY Name of authorised representative 245 Chalmers St, Redfern NSW (print) Signature of witness JACK WALTON Address of authorised representative Chief Executive, MEAA Name of witness Office held 50 Signature of authorised representative Sinddy Ealy Name of authorised representative (print) Signature of witness Level 4, 224 Bunda St, Civic ACT Address of authorised representative ALTHEA FRANCISCO ABC Section Secretary, CPSU Name of witness Office held Community and Public Sector Unvon 115
116 ABC Enterprise Agreement 2022 - 2025
Schedule A Salary Rates
Schedule A First full pay period to commence in
Oct-22
4%
Oct-23
4%
Oct 24
3%
Band 9 Min. Rate $128,772 $133,923 $137,941
Band 8 Pt. 40 $124,333 $129,306 $133,185
Pt. 39 $120,392 $125,208 $128,964
Pt. 38 $117,769 $122,480 $126,154
Pt. 37 $115,154 $119,760 $123,353
Pt. 36 $112,536 $117,037 $120,548
Band 7 Pt. 35 $109,920 $114,317 $117,747
Pt. 34 $107,304 $111,596 $114,944
Pt. 33 $104,683 $108,870 $112,136
Pt. 32 $102,596 $106,700 $109,901
Pt. 31 $100,496 $104,516 $107,651
Band 6 Pt. 30 $98,405 $102,516 $105,411
Pt. 29 $96,311 $100,163 $103,168
Pt. 28 $94,217 $97,986 $100,926
Pt. 27 $92,259 $95,949 $98,827
Pt. 26 $90,287 $93,898 $96,715
Band 5 Pt. 25 $88,333 $91,866 $94,622
Pt. 24 $86,364 $89,819 $92,514
Pt. 23 $84,399 $87,775 $90,408
Pt. 22 $82,434 $85,731 $88,303
Band 4 Pt. 21 $80,480 $83,699 $86,210
Pt. 20 $78,515 $81,656 $84,106
Pt. 19 $76,418 $79,475 $81,859
Pt. 18 $74,329 $77,302 $79,621
Pt. 17 $72,230 $75,119 $77,373
Band 3 Pt. 16 $70,143 $72,949 $75,137
Pt. 15 $68,050 $70,772 $72,895
Pt. 14 $66,154 $68,800 $70,864
Pt. 13 $64,305 $66,877 $68,883
Band 2 Pt. 12 $62,452 $64,950 $66,899
Pt. 11 $60,608 $63,032 $64,923
Pt. 10 $59,121 $61,486 $63,331
Pt. 9 $57,643 $59,949 $61,747
Pt. 8 $56,156 $58,402 $60,899
Band 1 Pt. 7 $54,681 $56,868 $58,574
Pt. 6 $52,875 $54,990 $56,640
Pt. 5 $51,318 $53,371 $54,972
Pt. 4 $50,085 $52,088 $53,651
Pt. 3 $48,850 $50,804 $52,328
Pt. 2 $47,622 $49,527 $51,013
Pt. 1 $46,386 $48,241 $49,688
Salary rate defined for the purposes of subclause 21.5 of the Agreement.
Rate "A"
$197,348 $205,242 $211,399
ABC Enterprise Agreement 2022 - 2025 117
Schedule B Salary Rates
Schedule B First full pay period to commence in
Oct-22
4%
Oct-23
4%
Oct-24
3%
Band 9 Min. Rate $133,793 $139,145 $143,319
Band 8 Pt. 40 $129,357 $134,531 $138,567
Pt. 39 $125,412 $130,428 $134,341
Pt. 38 $122,794 $127,706 $131,537
Pt. 37 $120,179 $124,986 $128,736
Pt. 36 $117,563 $122,266 $125,934
Band 7 Pt. 35 $114,946 $119,544 $123,130
Pt. 34 $112,330 $116,823 $120,328
Pt. 33 $109,712 $114,100 $117,523
Pt. 32 $107,620 $111,925 $115,283
Pt. 31 $105,524 $109,745 $113,037
Band 6 Pt. 30 $103,017 $107,138 $110,352
Pt. 29 $100,922 $104,959 $108,108
Pt. 28 $98,832 $102,785 $105,869
Pt. 27 $96,872 $100,747 $103,769
Pt. 26 $94,508 $98,288 $101,237
Band 5 Pt. 25 $92,553 $96,255 $99,143
Pt. 24 $90,582 $94,205 $97,031
Pt. 23 $88,620 $92,165 $94,930
Pt. 22 $86,558 $90,020 $92,721
Band 4 Pt. 21 $84,502 $87,882 $90,518
Pt. 20 $82,435 $85,732 $88,304
Pt. 19 $80,238 $83,448 $85,951
Pt. 18 $78,042 $81,164 $83,599
Pt. 17 $75,838 $78,872 $81,238
Band 3 Pt. 16 $73,648 $76,594 $78,892
Pt. 15 $71,454 $74,312 $76,541
Pt. 14 $69,455 $72,233 $74,400
Pt. 13 $67,520 $70,221 $72,328
Band 2 Pt. 12 $65,574 $68,197 $70,243
Pt. 11 $63,637 $66,182 $68,167
Pt. 10 $62,079 $64,562 $66,499
Pt. 9 $60,526 $62,947 $64,835
Pt. 8 $58,968 $61,327 $63,167
Band 1 Pt. 7 $57,415 $59,712 $61,503
Pt. 6 $55,519 $57,740 $59,472
Pt. 5 $53,881 $56,036 $57,717
Pt. 4 $52,594 $54,698 $56,339
Pt. 3 $51,293 $53,345 $54,945
Pt. 2 $50,003 $52,003 $53,563
Pt. 1 $48,702 $50,650 $52,170
Salary rate defined for the purposes of subclause 21.5 of the Agreement.
Rate "A" $197,348 $205,242 $211,399
118 ABC Enterprise Agreement 2022 - 2025
Schedule C Allowances
This schedule sets out rates of allowance effective as at the date of this Agreement. Rates will
be reviewed on an annual basis.
1. Meal Allowance
(a) When an employee is entitled to a meal allowance under clause 28, this
allowance will be $21.
2. Private Vehicle Allowance
Engine Capacity (Non-Rotary) Engine Capacity
(Rotary Engine) Rate Per Kilometre Travelled
Above 2,600cc Above 1,300cc 70 cents
1,601 to 2,600cc 801 to 1,300cc 69 cents
1,600 and under 800cc and under 58 cents
An additional 0.76 cents per kilometre is payable where an employee is authorised
to transport passengers or transport/haul goods or materials – 100 kilograms or
greater, the cost of which would otherwise be met by the ABC.
3. District Allowance
Locality With Eligible Dependents
Rate per year *
Without Dependents
Rate per year
Broken Hill, Kalgoorlie,
Esperance, Cairns, Townsville $2,114 $1,064
Darwin, Katherine, Alice Springs,
Longreach, Mt Isa $5,110 $2,786
Karratha, Broome $6,916 $3,920
Kununurra $10,164 $6,916
* To qualify, the partner must have earnings below the National Minimum Wage.
4. Television Clothing Allowance
(a) An employee who is identified by News, Investigations & Analysis as working
regularly before the camera will receive an annual allowance of $1,075.
(b) An employee not covered by (a) who appears before the camera on three or
more days per week will receive a weekly allowance of $13.20.
(c) An employee not covered by (a) who appears before the camera once or
twice per week will receive a weekly allowance of $8.80.
5. First Aid Allowance: $18.50 per fortnight.
ABC Enterprise Agreement 2022 - 2025 119
Schedule D Meal Allowance Transition
and Compensation Provisions
1. Definitions
For the purpose of this Schedule:
Relevant Date means 5 November 2013, the commencement date of the ABC
Enterprise Agreement 2013 – 2016 (2013 EA).
Eligible Employee means an employee who satisfies both of the following
conditions:
(a) they were employed by the ABC, and covered by the 2013 EA, as at the
Relevant Date; and
(b) they were paid a meal allowance in the 12 months prior to the
Commencement Date.
Meal Allowance Changes means:
the changes to meal allowance arrangements implemented in the 2013 EA, being:
(a) the change in subclause 29.1.1(b) from 12 noon to 11 am;
(b) the reduction of the meal allowance from $27.10 to $20.
Potential Lost Meal Allowance means the gross amount by which an employee's
gross meal allowance payments would have been reduced in Year 1 if the Meal
Allowance Changes had been made in Year 1.
Year 1 means the 12 month period starting on the first full pay period on or after 1
July 2013 and Year 2 means the 12 month period starting on the first full pay period
on or after 1 July 2014.
2. Special Allowance
(a) At the end of Year 1, the ABC calculated the Potential Lost Meal Allowance
for each Eligible Employee.
(b) If the Potential Lost Meal Allowance for the Eligible Employee exceeded $150
for Year 1, the employee became and remains entitled to be paid an ongoing
special allowance from the commencement of Year 2 unless and until the
employee changed roles or ceased working the shifts which would have
otherwise entitled them to the Meal Allowance under the 2013 EA.
(c) The ongoing special allowance is the Potential Lost Meal Allowance less
$150 and will be pro-rated and paid in each fortnightly pay period, while the
employee remains entitled to receive it. Example: If an employee's Potential
Lost Meal Allowance is $1000 for Year 1, the employee will receive an
ongoing special allowance of $32.59 each fortnight from the start of Year 2
while they remain eligible for the allowance (ie. (1000-150)x12/313)].
(d) The ongoing special allowance is not payable when an employee is absent
on;
i. unpaid leave;
ii. long service leave; or
iii. a period of personal/carers leave which exceeds one month per
annum.
120 ABC Enterprise Agreement 2022 - 2025
3. Buyouts (during and beyond the nominal term of the Agreement)
For those employees who have a buyout as at the Relevant Date but would
otherwise have been an Eligible Employee, the following applies:
(a) the ABC will not reduce that employee’s buyout arrangement on account of
the Meal Allowance Changes; and
(b) if that employee’s buyout is terminated for any reason, then clause 2 will apply
to them from the date the buyout is terminated (with the Potential Lost Meal
Allowance still being calculated by reference to Year 1).
ABC Enterprise Agreement 2022 - 2025 121
Schedule E Darwin Airfares
1. Schedule A employees who commence employment with the ABC in Darwin on or
after 1 July 1998 and Schedule B employees who commence employment with the
ABC in Darwin on or after 4 July 2000 are not eligible for Isolated Locality Airfares
under the ABC Isolated Locality Assistance Policy.
2. Employees employed by the ABC as at 30 June 1998 (Schedule A) or 3 July 2000
(Schedule B) shall continue to be eligible for Isolated Locality Airfares in the terms
set out in 3 below while they remain employed by the ABC in Darwin. This entitlement
will cease on the termination of their employment or their transfer to a permanent
position in another State. Provided that where an employee accepted the buyout of
their entitlement offered to them on 18 June 1998 their entitlement ceased from the
date of acceptance.
3. Eligible employees may take their entitlement to Isolated Locality Airfares as either:
(a) An airfare for themselves and each of their dependents up to the value of a
full economy return airfare to Adelaide. This airfare is to be booked through
the ABC’s account with its travel provider and will be paid directly by the ABC.
There is no cash component to this.
(b) A taxable lump sum payment equal to the cash value of a full economy return
airfare to Adelaide for them and their dependants plus a 35% loading. This
lump sum is fully taxable and will be paid through the ABC payroll system.
(c) A Private Vehicle Allowance as per the rate in Schedule C where the
employee chooses to travel by their motor vehicle on leave. Provided that the
maximum paid shall be no more than the cost of a full economy return airfare
to Adelaide for them and their dependants. Employees who take this option
must provide full documentation on their return to prove that they undertook
the journey. Such proof would be receipts for accommodation and petrol
between Darwin and their destination and return.
4. Alice Springs
Employees in Alice Springs will continue to receive Isolated Locality Airfares in
accordance with subclause 33.2.1 of the Agreement. However employees in Alice
Springs may choose, should they wish, to take this entitlement as a taxable lump
sum payment equal to the cash value of a full economy return airfare from Alice
Springs to Adelaide for them and their dependents plus a 35% loading paid through
the ABC payroll system.
122 ABC Enterprise Agreement 2022 - 2025
Schedule F Employees Eligible for a
Supported Wage
This schedule details the conditions which will apply to employees who because of the effects
of a disability are eligible for a supported wage under the terms of this Agreement.
Definitions:
Supported Wage System means the Commonwealth Government system to promote
employment for people who cannot work at full award wages because of a disability, as
documented in the Supported Wage System: Guidelines and Assessment Process, as varied
or replaced from time to time.
Accredited Assessor means a person accredited by the managing unit established by the
Commonwealth under the Supported Wage System to perform assessments of an individual’s
productive capacity within the Supported Wage System.
Disability Support Pension means the Commonwealth pension scheme to provide income
security for persons with a disability as provided for under the Social Security Act 1991, as
amended from time to time, or any successor to that scheme.
Assessment instrument means the form provided for under the Supported Wage System that
records the assessment of the productive capacity of the person to be employed under the
Supported Wage System.
Eligibility Criteria
This schedule applies to those employees who meet the impairment criteria test for a Disability
Support Pension and are unable to perform the range of duties to the competence level required
within the class of work for which the employee is engaged under this Agreement because of
the effects of a disability on their productive capacity.
The clause does not apply to any existing employee who has a claim against the employer
which is subject to the provision of workers’ compensation legislation or any provision of this
Agreement relating to the rehabilitation of employees who are injured in the course of their
employment.
Supported Wage Rates
Employees to whom this schedule applies shall be paid the applicable percentage of the
minimum rate of pay prescribed by this Agreement for the class of work which the person is
performing according to the following schedule:
ABC Enterprise Agreement 2022 - 2025 123
Assessed Capacity % of Prescribed Agreement Rate
10% 10%*
20% 20%
30% 30%
40% 40%
50% 50%
60% 60%
70% 70%
80% 80%
90% 90%
Provided that the minimum amount payable shall be not less than the minimum amount that the ABC is
required by law to pay to the employee.
* Where a person’s assessed capacity is 10%, they shall receive a high degree of assistance and support.
Assessment of Capacity
For the purpose of establishing the percentage of the rate to be paid to an employee under this
Agreement, the productive capacity of the employee will be assessed in accordance with the
Supported Wage System and documented in an assessment instrument, by an accredited
assessor.
Review of Assessment
The assessment of the applicable percentage should be subject to annual review or earlier on
the basis of a reasonable request for such a review. The process of review shall be in
accordance with the procedures for assessing capacity under the Supported Wage System.
Other Terms and Conditions of Employment
Where an assessment has been made, the applicable percentage shall apply to the wage rate
only. Employees covered by the provisions of the clause will be entitled to the same terms and
conditions of employment as all other workers covered by this Agreement paid on a pro rata
basis.
Trial Period
In order for an adequate assessment of the employee’s capacity to be made the ABC may
employ a person under the provisions of this clause for a trial period not exceeding 12 weeks,
except that in some cases additional work adjustment time (not exceeding 4 weeks) may be
needed.
During that trial period the assessment of capacity shall be undertaken and the proposed wage
rate for a continuing employment relationship shall be determined.
The minimum amount payable to the employee during the trial period shall be no less than the
minimum amount that the ABC is required by law to pay to the employee.
124 ABC Enterprise Agreement 2022 - 2025
Index
Adoption of Foster Care Leave ............. 82
Advertising ............................................ 13
Allowances ............................................ 62
Buyout .............................................. 30
Clothing (TV) ............................ 63, 118
District .............................................. 64
Expenses .......................................... 65
First Aid ............................................ 63
Higher Duties .................................... 29
Individual Flexibility Arrangements ... 11
Meal .................................................. 62
Private Vehicle .................................. 62
Rates - Schedule C ........................ 118
Relocation......................................... 63
Reunion ............................................ 63
Salary Package ................................ 30
Special Circumstances Work ............ 66
Special Payment ............................... 66
Travel - Domestic ............................. 89
Travel - Overseas ............................. 90
Annual Leave ........................................ 68
Isolated Locality ................................ 72
Loading ............................................. 72
Buyout ................................................... 30
Annual .............................................. 30
Short Term Distant Assignments ...... 31
Special Events .................................. 31
Cadets .................................................. 25
Carer's Leave ............ See Personal Leave
Casual Employment .............................. 21
Classifications ....................................... 28
Clothing Allowance (TV) ....................... 63
Compassionate Leave .......................... 79
Dispute Resolution ........................ 38, 109
Distant Assignment ............................... 89
Buyout .............................................. 31
Consecutive Days Worked ............... 49
Hours of Work ................................... 89
Rosters ............................................. 51
District Allowance .................................. 64
Eligibility, evidence, counting of service
and payment ..................................... 85
Emergency Duty ............................. 47, 55
Employment Arrangements .................. 16
Casual .............................................. 21
Fixed Term ....................................... 19
Long FIxed Term .............................. 20
Long Term Specified Task ................ 18
Ongoing ............................................ 16
Part-time ........................................... 22
Phased Retirement ........................... 21
Probation .......................................... 22
Run of Show ...................................... 17
Specified Task ................................... 16
Termination of ................................. 106
Expenses, miscellaneous ...................... 65
Fair Work Act ........................................... 5
National Employment Standards .. 5, 75,
109
Fair Work Commission .................... 6, 109
First Aid Allowance ................................ 63
Fixed Term Employment ....................... 19
Flexibility ................................................ 11
Flexible Working Hours Agreements 46,
50, 57
Flexitime ............................................ 45
Individual Flexibility Agreement ......... 11
Grievance Resolution .......................... 109
Higher Duties ......................................... 29
Purchased Leave .............................. 86
Hours of Work ........................................ 41
Calculation of Hours Worked............. 41
Part-time............................................ 23
Schedule A (Non Rostered) .............. 45
Schedule A (Rostered) ...................... 48
Schedule B (Rostered) ...................... 55
Immediate Family and Household
Member, definition of ......................... 76
Insurance
General ............................................. 92
Special .............................................. 91
Isolated Locality ..................................... 64
Additional Annual Leave ................... 72
District Allowance .............................. 64
Fares ................................................. 64
Job Plan .............................................. 112
Learning and Development ..................... 9
Leave
Adoption ............................................ 75
Annual ............................................... 68
Buyout ............................................... 30
Compassionate ................................. 79
Family and Domestic Violence .......... 80
Long Service ..................................... 82
Miscellaneous ................................... 79
NAIDOC ............................................ 80
Paid Primary Carer ............................ 83
Parental ............................................. 82
Personal ............................................ 75
Purchased ......................................... 86
Special .............................................. 79
Study ................................................. 80
Supporting Partner ............................ 84
Without Pay ....................................... 87
ABC Enterprise Agreement 2022 - 2025 125
Leave Loading ...................................... 72
Long Service Leave .............................. 82
Long Term Vacancies ........................... 14
Meal Allowance ..................... 62, 118, 119
Medical Incapacity .............................. 104
Misconduct .......................................... 102
Mobility ...................................... 9, 29, 100
NAIDOC Leave ..................................... 80
Ongoing Employment ........................... 16
Overseas Travel .................................... 90
Overtime
Buyout .............................................. 30
General Conditions ........................... 41
Part-time Employees ........................ 24
Schedule A (Non Rostered) .............. 47
Schedule A (Rostered) ..................... 54
Schedule B (Rostered) ..................... 61
Paid Parental Leave .............................. 83
Parental Leave
Primary Carer ................................... 83
Supporting Partner ........................... 84
Part-time Employment .......................... 22
Penalties
Averaging ......................................... 34
Buyout .............................................. 30
Individual Flexibility Arrangements ... 11
Salary Package ................................ 30
Performance Management ................... 35
Appeal ...................................... 38, 112
Appraisal .......................................... 36
Cycle ................................................ 35
Feedback .......................................... 35
Managing Underperformance ........... 38
Rating ............................................... 36
Reconsideration ........................ 38, 112
Salary Advancement ........................ 36
Personal Leave ..................................... 75
Private Vehicle Allowance ..................... 62
Probation .............................................. 22
Public Holiday (Schedule A) ................. 73
Purchased Leave .................................. 86
Recruitment ........................................... 13
Selection appeal .............................. 111
Selection Process ............................. 14
Redundancy .......................................... 95
Relocation Assistance ........................... 63
Resignation.......................................... 107
Retirement ........................................... 107
Reunion Assistance ............................... 63
Right to request casual conversion ........ 22
Rostered Free Day
Schedule A (Rostered) ...................... 49
Schedule B (Rostered) ...................... 56
Rosters
Schedule A (Rostered) ...................... 50
Schedule B (Rostered) ...................... 58
Salaries ................................................. 26
Salary Package ..................................... 30
Salary Progression ................................ 29
Salary Rates
Schedule A ...................................... 116
Schedule B ...................................... 117
Salary Sacrifice ...................................... 28
Selection Process .................................. 14
Short Term Vacancies ........................... 14
Sick Leave ................ See Personal Leave
Special Rates
Schedule A (Rostered) ...................... 51
Schedule B (Rostered) ...................... 60
Specified Task Employment .................. 16
Study Leave........................................... 80
Task Broadening ................................... 29
Termination of Employment ................. 106
Trainees ................................................ 25
Training ................................................... 9
Travel to or from Work ........................... 65
Travelling Allowance
Domestic ........................................... 89
Overseas ........................................... 90
Work Level Standards ........................... 29
Workforce Planning ................................. 9
