OFFICE OF THE

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OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT
Update Fair Work Act 2009

• National Employment Standards
• Commence 1 January 2010
• Part 2-2 Fair Work Act
• 10 Minimum standards

NES applies to all employees (including ECOs)
regardless of salary
HR Forum 9 December 2009
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OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT
Impact on NTPS

• Workplace Agreements (known as Transitional
  Instruments) continue to apply.
• From 1 January 2010 any terms and conditions that
  are detrimental to an employee compared with NES
  have no effect.
• Generally NTPS terms and conditions more
  favourable than NES, however, some terms and
  conditions are affected.

Implementation of NES
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OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT
Determination 6 of 2009 (to be issued) sets out
12 new terms and conditions

• Accrual of recreation leave
• Cashing out of recreation leave
• Ten day cap on carers leave
• Compassionate leave for casuals
• Pre-adoption leave for casuals
• Right to request flexible working arrangements

Implementation of NES 1 January 2010
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OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT
New Terms and Conditions cont.

• Definition of continuous service eligible
  casual for requests for flexible working
  arrangements
• Taking 12 months parental leave
• Concurrent parental leave for couples
• Access to recreation and LSL whilst on parental
  leave
• Return to work guarantee
• Sum paid on redundancy

Implementation of NES 1 January 2010
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OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT
New Terms and Conditions Explained

• 1. Accrual of Recreation Leave
• No fixed period (e.g. 1/13 every 4 weeks)
• Entitlement to paid recreation leave accrues
  progressively during a year of service according
  to ordinary hours of work, and accumulates from
  year to year.

Implementation of NES 1 January 2010
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OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT
New Terms and Conditions Explained

• 2. Cashing Out Recreation Leave
• Must keep minimum 4 week accrued leave
  entitlement
• Maximum cash out of 2 weeks per year still applies

• 3. Use of Paid Personal Leave for Carers Leave
• 10-day cap no longer applies

Implementation of NES 1 January 2010
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OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT
New Terms and Conditions Explained

• 4. Compassionate Leave for all Casual Employees
• 2 days of unpaid compassionate leave for each
  occasion

• 5. Pre-adoption Leave for all Casual Employees
• 2 days of unpaid pre-adoption leave to attend
  interviews or examinations for employees
  adoption of a child

Implementation of NES 1 January 2010
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OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT
New Terms and Conditions Explained

• 6. Request for Flexible Working Arrangements
• An employee who is a parent, or has a
  responsibility for the care, of a child under
  school age or a child with a disability under 18
  years, can request flexible working arrangements.
• Applies to employees with 12 months continuous
  service and eligible casuals (see point 7 next
  slide)
• May be refused on reasonable business grounds
  only

Implementation of NES 1 January 2010
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OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT
New Terms and Conditions Explained

• 7. Meaning of 12 months Continuous Service and
  eligible casuals in relation to an employees
  entitlement to request flexible working
  arrangements
• Definition under NES s22(4) provides that for the
  purpose of calculating 12 months continuous
  service under requests for flexible working
  arrangements, all authorised leave with or
  without pay counts for service irrespective of
  whether it counts for service or not under
  Territory or Commonwealth law.
• Eligible casuals as per definition provided in
  Parental Leave provisions of workplace
  agreements.

Implementation of NES 1 January 2010
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OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT
New Terms and Conditions Explained

• 8. Taking 12 Months Parental Leave
  Paternity/Partner and Adoption Leave
• New rules for commencement of leave

• 9. Concurrent Parental Leave for Couples
• Additional 2 weeks unpaid leave

Implementation of NES 1 January 2010
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OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT
New Terms and Conditions Explained
10. Access to recreation leave and LSL whilst on
extended parental leave (i.e. where CEO approves
extension of a further12 month option).

• 11. Return to Work Guarantee
• Extended to cover an employee returning from an
  extension of up to a further 12 months granted by
  CEO

Implementation of NES 1 January 2010
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OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT
New Terms and Conditions Explained

• 12. Sum Paid on Redundancy
• 6 weeks after 2 years service
• 7 weeks after 3 years service

• Other
• Fair Work Information Statement new employees
• By-Laws to be reviewed for compliance with NES

Implementation of NES 1 January 2010
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OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT
Advice to employees

• CPE Bulletin will be released before Christmas
  via email and website
• Please ensure all employees without email access
  receive a copy

Implementation of NES 1 January 2010
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OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT
Questions
Implementation of NES 1 January 2010