{"id":"act:enterprise-agreement:cit-educators-enterprise-agreement-2023-2026","name":"CIT (Educators) Enterprise Agreement 2023-2026","slug":"cit-educators-enterprise-agreement-2023-2026","collection":"enterprise_agreement","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"actps:2383935","makingDate":null,"administeringDepartment":"ACT Public Sector","currentVersion":{"id":460396,"registerId":"actps:2383935","compilationNumber":null,"startDate":"2023-01-01","status":"in_force","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"preamble","sectionType":"part","heading":"Preamble","content":"Preamble\nFair Work Act 2009\ns.185 - Application for approval of a single-enterprise agreement\nAustralian Capital Territory\n(AG2023/5066)\nACT PUBLIC SECTOR CANBERRA INSTITUTE OF TECHNOLOGY\n(EDUCATORS) ENTERPRISE AGREEMENT 2023-2026\nEducational services\nDEPUTY PRESIDENT ROBERTS SYDNEY, 18 JANUARY 2024\nApplication for approval of the ACT Public Sector Canberra Institute of Technology\n(Educators) Enterprise Agreement 2023-2026\n[1] An application has been made for approval of an enterprise agreement known as the\nACT Public Sector Canberra Institute of Technology (Educators) Enterprise Agreement 2023-","sortOrder":0},{"sectionNumber":"2026","sectionType":"clause","heading":"(the Agreement). The Application was made pursuant to s.185 of the Fair Work Act","content":"(the Agreement). The Application was made pursuant to s.185 of the Fair Work Act","sortOrder":1},{"sectionNumber":"2009","sectionType":"clause","heading":"(the Act). It has been made by Australian Capital Territory (the Applicant). The","content":"(the Act). It has been made by Australian Capital Territory (the Applicant). The\nAgreement is a single enterprise agreement.\n[2] I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this\napplication for approval has been met.\n[3] I note that Clause A5.1 of the Agreement provides that this Agreement will be read\nand interpreted in conjunction with the National Employment Standards (NES) of the Act. If\nthere is inconsistency between this agreement and the NES, and the NES provides greater\nbenefit, the NES provision will apply to the extent of the inconsistency.\n[4] The Australian Education Union (AEU) lodged a Form F18 statutory declaration\ngiving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance\nwith s.201(2) of the Act, I note the Agreement covers the AEU.\n[5] The Agreement is approved and will operate in accordance with s.54 of the Act. The\nnominal expiry date of the Agreement is 31 March 2026.\n[6] The application for approval of the Agreement was accompanied by a Form F1\nrequesting the Commission exercise its powers under s.218A of the Act to vary the\nAgreement to correct or amend certain clauses of the Agreement. The application was made\nby Australian Capital Territory (trading as Canberra Institute of Technology) pursuant to\ns.218A(2)(b)(i).\n[2024] FWCA 244\nDECISION\nFairWork\nCommission\nf_p_n_1_\n[2024] FWCA 244\n[7] The application sought:","sortOrder":2},{"sectionNumber":"1","sectionType":"clause","heading":"The removal of a bracketed notation in subclause E4.25 that says “(1 January","content":"The removal of a bracketed notation in subclause E4.25 that says “(1 January","sortOrder":3},{"sectionNumber":"2024","sectionType":"clause","heading":"to 31 December 2024)”. The correction or amendment was sought to clarify","content":"to 31 December 2024)”. The correction or amendment was sought to clarify\nthat the transition year commences on the date specified at E4.15. The transition\nyear commences either on 1 January 2024 or on the date of commencement of the\nagreement, whatever is the latter.","sortOrder":4},{"sectionNumber":"2","sectionType":"clause","heading":"To amend an error in the reference to the relevant clause in the 2021-2022","content":"To amend an error in the reference to the relevant clause in the 2021-2022\nEnterprise Agreement. The existing reference is to a subclause number that does\nnot exist in the 2021-2022 Enterprise Agreement. This was sought by amending\nsubclause F6.17 to read “Any dispute formally commenced in accordance with","sortOrder":5},{"sectionNumber":"111.7","sectionType":"clause","heading":"under the ACT Public Sector Canberra Institute of Technology (Teaching","content":"under the ACT Public Sector Canberra Institute of Technology (Teaching\nStaff) Enterprise Agreement 2021-2022, but not concluded before the\ncommencement of this Agreement, shall continue to be dealt with in accordance\nwith the dispute settlement provisions in this Agreement. Any steps already taken\nin that process will be recognised and accepted by parties and the FWC as steps\ntaken for the purpose of this clause”.","sortOrder":6},{"sectionNumber":"3","sectionType":"clause","heading":"To amend an error where the wording at clauses E10.3.12 and E10.3.13 reverts to","content":"To amend an error where the wording at clauses E10.3.12 and E10.3.13 reverts to\nits prior wording to be consistent with the provisions in the Holiday Act 1958\nwhich sets out the public holidays for the ACT and uses the word ‘and’ instead of\nthe phrase ‘or one of the following’ when referring to the days on which Christmas\nDay and Boxing Day fall. This was sought by the following amendments:\n- Clause E10.3.12 to read “The 25 December (Christmas Day) and:”\n- Clause E10.3.12 (a) to read “If Christmas Day falls on a Saturday, the\nfollowing Monday; or”\n- Clause E10.3.13 to read “The 26 December (Boxing Day) and:”\n- Clause E10.3.13 (a) to read “If Boxing Day falls on a Saturday – the\nfollowing Monday; or”\n[8] It was put that the matters sought to be amended by the variations would not result in\ndetriment to any employees covered by the Agreement.\n[9] The views of the AEU were sought in relation to the proposed variations. The AEU\nhad no objection to the proposed variations.\n[10] I am satisfied that the proposed variations deal with obvious errors in the Agreement.\nThe making of the variations will remove those obvious errors. It is appropriate in the\ncircumstances to approve the variations.\n[11] The Agreement which is published with this decision includes the approval of\nvariations referred to in paragraph [7] above.\nf_p_n_2_\n[2024] FWCA 244\nDEPUTY PRESIDENT\nPrinted by authority of the Commonwealth Government Printer\n<AE523197 PR770429>\nf_p_n_3_\nACT PUBLIC SECTOR CANBERRA INSTITUTE\nOF TECHNOLOGY (EDUCATORS) ENTERPRISE\nAGREEMENT 2023-2026\nC~ Canberra Institute\nI I of Technology\nf_p_n_4_\n© Canberra Institute of Technology Page 2 of 195 Date updated: 18/01/2024\nThis page intentionally left blank\nCanberra Institute\nof Technology\nf_p_n_5_\n© Canberra Institute of Technology Page 3 of 195 Date updated: 18/01/2024\nTABLE OF CONTENTS\nDICTIONARY ............................................................................................................ 11","sortOrder":7},{"sectionNumber":"SECTION A","sectionType":"part","heading":"SECTION A - Scope of Agreement ............................................................................ 15","content":"SECTION A - Scope of Agreement ............................................................................ 15","sortOrder":8},{"sectionNumber":"A1","sectionType":"clause","heading":"- TITLE ...................................................................................................................................... 15","content":"- TITLE ...................................................................................................................................... 15","sortOrder":9},{"sectionNumber":"A2","sectionType":"clause","heading":"- MAIN PURPOSE ..................................................................................................................... 15","content":"- MAIN PURPOSE ..................................................................................................................... 15","sortOrder":10},{"sectionNumber":"A3","sectionType":"clause","heading":"- APPLICATION AND COVERAGE* ............................................................................................. 17","content":"- APPLICATION AND COVERAGE* ............................................................................................. 17","sortOrder":11},{"sectionNumber":"A4","sectionType":"clause","heading":"- COMMENCEMENT AND DURATION ....................................................................................... 18","content":"- COMMENCEMENT AND DURATION ....................................................................................... 18","sortOrder":12},{"sectionNumber":"A5","sectionType":"clause","heading":"- OPERATION OF THE AGREEMENT .......................................................................................... 18","content":"- OPERATION OF THE AGREEMENT .......................................................................................... 18","sortOrder":13},{"sectionNumber":"A6","sectionType":"clause","heading":"- AUTHORITY OF THE CHIEF EXECUTIVE* .................................................................................. 19","content":"- AUTHORITY OF THE CHIEF EXECUTIVE* .................................................................................. 19","sortOrder":14},{"sectionNumber":"A7","sectionType":"clause","heading":"- AUTHORITY OF THE PUBLIC SECTOR STANDARDS COMMISSIONER ....................................... 19","content":"- AUTHORITY OF THE PUBLIC SECTOR STANDARDS COMMISSIONER ....................................... 19","sortOrder":15},{"sectionNumber":"A8","sectionType":"clause","heading":"- FLEXIBILITY TERM* ................................................................................................................ 20","content":"- FLEXIBILITY TERM* ................................................................................................................ 20","sortOrder":16},{"sectionNumber":"A9","sectionType":"clause","heading":"- WORK ORGANISATION .......................................................................................................... 21","content":"- WORK ORGANISATION .......................................................................................................... 21","sortOrder":17},{"sectionNumber":"A10","sectionType":"clause","heading":"- TERMINATION OF AGREEMENT ........................................................................................... 22","content":"- TERMINATION OF AGREEMENT ........................................................................................... 22","sortOrder":18},{"sectionNumber":"SECTION B","sectionType":"part","heading":"SECTION B - Working in the ACT Public Sector ......................................................... 23","content":"SECTION B - Working in the ACT Public Sector ......................................................... 23","sortOrder":19},{"sectionNumber":"B1","sectionType":"clause","heading":"- ACHIEVING A BETTER WORK AND LIFE BALANCE ................................................................... 23","content":"- ACHIEVING A BETTER WORK AND LIFE BALANCE ................................................................... 23","sortOrder":20},{"sectionNumber":"B2","sectionType":"clause","heading":"- TYPES OF EMPLOYMENT* ...................................................................................................... 23","content":"- TYPES OF EMPLOYMENT* ...................................................................................................... 23","sortOrder":21},{"sectionNumber":"B3","sectionType":"clause","heading":"- FIXED TERM EMPLOYMENT FOR SEASONAL EMPLOYEES* ..................................................... 23","content":"- FIXED TERM EMPLOYMENT FOR SEASONAL EMPLOYEES* ..................................................... 23","sortOrder":22},{"sectionNumber":"B4","sectionType":"clause","heading":"- JOINT SELECTION COMMITTEES* ........................................................................................... 23","content":"- JOINT SELECTION COMMITTEES* ........................................................................................... 23","sortOrder":23},{"sectionNumber":"B5","sectionType":"clause","heading":"- PROBATION* ......................................................................................................................... 23","content":"- PROBATION* ......................................................................................................................... 23","sortOrder":24},{"sectionNumber":"B6","sectionType":"clause","heading":"- RECORD KEEPING* ................................................................................................................. 24","content":"- RECORD KEEPING* ................................................................................................................. 24","sortOrder":25},{"sectionNumber":"B7","sectionType":"clause","heading":"- REVIEW OF EMPLOYMENT STATUS* ...................................................................................... 24","content":"- REVIEW OF EMPLOYMENT STATUS* ...................................................................................... 24","sortOrder":26},{"sectionNumber":"B8","sectionType":"clause","heading":"- SECURE EMPLOYMENT ........................................................................................................... 24","content":"- SECURE EMPLOYMENT ........................................................................................................... 24","sortOrder":27},{"sectionNumber":"B9","sectionType":"clause","heading":"- SECURE WORKFORCE CONVERSION PROCESS ........................................................................ 25","content":"- SECURE WORKFORCE CONVERSION PROCESS ........................................................................ 25","sortOrder":28},{"sectionNumber":"B10","sectionType":"clause","heading":"- NOTICE OF TERMINATION .................................................................................................... 25","content":"- NOTICE OF TERMINATION .................................................................................................... 25","sortOrder":29},{"sectionNumber":"B11","sectionType":"clause","heading":"- FLEXIBLE WORKING ARRANGEMENTS AND EMPLOYEE SUPPORT* ...................................... 26","content":"- FLEXIBLE WORKING ARRANGEMENTS AND EMPLOYEE SUPPORT* ...................................... 26","sortOrder":30},{"sectionNumber":"B12","sectionType":"clause","heading":"- MANAGEMENT OF WORKING HOURS* ................................................................................ 26","content":"- MANAGEMENT OF WORKING HOURS* ................................................................................ 26","sortOrder":31},{"sectionNumber":"B13","sectionType":"clause","heading":"- SCHEDULING OF MEETINGS ................................................................................................. 26","content":"- SCHEDULING OF MEETINGS ................................................................................................. 26","sortOrder":32},{"sectionNumber":"B14","sectionType":"clause","heading":"- CASUAL EMPLOYMENT ARRANGEMENTS* ........................................................................... 27","content":"- CASUAL EMPLOYMENT ARRANGEMENTS* ........................................................................... 27\nCanberra Institute\nof Technology\nf_p_n_6_\n© Canberra Institute of Technology Page 4 of 195 Date updated: 18/01/2024","sortOrder":33},{"sectionNumber":"B15","sectionType":"clause","heading":"- HOURS OF WORK FOR SHIFT WORKERS* ............................................................................. 27","content":"- HOURS OF WORK FOR SHIFT WORKERS* ............................................................................. 27","sortOrder":34},{"sectionNumber":"B16","sectionType":"clause","heading":"- ACCRUED DAYS OFF (ADOS)* ............................................................................................... 27","content":"- ACCRUED DAYS OFF (ADOS)* ............................................................................................... 27","sortOrder":35},{"sectionNumber":"B17","sectionType":"clause","heading":"- HOURS OF WORK FOR NON-SHIFT WORKERS*..................................................................... 27","content":"- HOURS OF WORK FOR NON-SHIFT WORKERS*..................................................................... 27","sortOrder":36},{"sectionNumber":"B18","sectionType":"clause","heading":"- FLEXTIME* ........................................................................................................................... 27","content":"- FLEXTIME* ........................................................................................................................... 27","sortOrder":37},{"sectionNumber":"B19","sectionType":"clause","heading":"- FLEXIBLE WORKING ARRANGEMENTS .................................................................................. 28","content":"- FLEXIBLE WORKING ARRANGEMENTS .................................................................................. 28","sortOrder":38},{"sectionNumber":"B20","sectionType":"clause","heading":"- MAKING A REQUEST FOR A FLEXIBLE WORKING ARRANGEMENT ........................................ 29","content":"- MAKING A REQUEST FOR A FLEXIBLE WORKING ARRANGEMENT ........................................ 29","sortOrder":39},{"sectionNumber":"B21","sectionType":"clause","heading":"- REGULAR PART-TIME EMPLOYMENT ................................................................................... 32","content":"- REGULAR PART-TIME EMPLOYMENT ................................................................................... 32","sortOrder":40},{"sectionNumber":"B22","sectionType":"clause","heading":"- JOB SHARING ....................................................................................................................... 33","content":"- JOB SHARING ....................................................................................................................... 33","sortOrder":41},{"sectionNumber":"B23","sectionType":"clause","heading":"- PART-TIME EMPLOYMENT FOLLOWING BIRTH LEAVE, PRIMARY CARE GIVER LEAVE, ADOPTION,","content":"- PART-TIME EMPLOYMENT FOLLOWING BIRTH LEAVE, PRIMARY CARE GIVER LEAVE, ADOPTION,\nPERMANENT OR LONG TERM CARE LEAVE OR PARENTAL LEAVE .................................................. 33","sortOrder":42},{"sectionNumber":"B24","sectionType":"clause","heading":"- HOME BASED WORK* .......................................................................................................... 34","content":"- HOME BASED WORK* .......................................................................................................... 34","sortOrder":43},{"sectionNumber":"B25","sectionType":"clause","heading":"- EMPLOYEE ASSISTANCE PROGRAM ...................................................................................... 34","content":"- EMPLOYEE ASSISTANCE PROGRAM ...................................................................................... 34","sortOrder":44},{"sectionNumber":"B26","sectionType":"clause","heading":"- VACATION CHILDCARE SUBSIDY ........................................................................................... 34","content":"- VACATION CHILDCARE SUBSIDY ........................................................................................... 34","sortOrder":45},{"sectionNumber":"B27","sectionType":"clause","heading":"- FAMILY CARE COSTS............................................................................................................. 35","content":"- FAMILY CARE COSTS............................................................................................................. 35","sortOrder":46},{"sectionNumber":"B28","sectionType":"clause","heading":"- NURSING EMPLOYEES .......................................................................................................... 35","content":"- NURSING EMPLOYEES .......................................................................................................... 35","sortOrder":47},{"sectionNumber":"B29","sectionType":"clause","heading":"- TRANSFER OF MEDICALLY UNFIT STAFF ............................................................................... 35","content":"- TRANSFER OF MEDICALLY UNFIT STAFF ............................................................................... 35","sortOrder":48},{"sectionNumber":"B30","sectionType":"clause","heading":"- TRANSFER TO A SAFE JOB DURING PREGNANCY .................................................................. 36","content":"- TRANSFER TO A SAFE JOB DURING PREGNANCY .................................................................. 36","sortOrder":49},{"sectionNumber":"SECTION C","sectionType":"part","heading":"SECTION C - Rates of Pay and Allowances ............................................................... 37","content":"SECTION C - Rates of Pay and Allowances ............................................................... 37","sortOrder":50},{"sectionNumber":"C1","sectionType":"clause","heading":"- PART-TIME EMPLOYMENT ..................................................................................................... 37","content":"- PART-TIME EMPLOYMENT ..................................................................................................... 37","sortOrder":51},{"sectionNumber":"C2","sectionType":"clause","heading":"- PAY INCREASES ...................................................................................................................... 37","content":"- PAY INCREASES ...................................................................................................................... 37","sortOrder":52},{"sectionNumber":"C3","sectionType":"clause","heading":"- METHOD OF PAYMENT .......................................................................................................... 37","content":"- METHOD OF PAYMENT .......................................................................................................... 37","sortOrder":53},{"sectionNumber":"C4","sectionType":"clause","heading":"- PAYROLL DEDUCTION FOR UNION FEES ................................................................................. 37","content":"- PAYROLL DEDUCTION FOR UNION FEES ................................................................................. 37","sortOrder":54},{"sectionNumber":"C5","sectionType":"clause","heading":"- PAY POINTS AND INCREMENTS* ............................................................................................ 37","content":"- PAY POINTS AND INCREMENTS* ............................................................................................ 37","sortOrder":55},{"sectionNumber":"C6","sectionType":"clause","heading":"- ENTRY LEVEL PROGRAMS* ..................................................................................................... 38","content":"- ENTRY LEVEL PROGRAMS* ..................................................................................................... 38","sortOrder":56},{"sectionNumber":"C7","sectionType":"clause","heading":"- HIGHER DUTIES ALLOWANCE* ............................................................................................... 39","content":"- HIGHER DUTIES ALLOWANCE* ............................................................................................... 39","sortOrder":57},{"sectionNumber":"C8","sectionType":"clause","heading":"- PAYMENT FOR SHIFT WORKERS* ........................................................................................... 39","content":"- PAYMENT FOR SHIFT WORKERS* ........................................................................................... 39","sortOrder":58},{"sectionNumber":"C9","sectionType":"clause","heading":"- OVERTIME* ............................................................................................................................ 39","content":"- OVERTIME* ............................................................................................................................ 39","sortOrder":59},{"sectionNumber":"C10","sectionType":"clause","heading":"- REST RELIEF AFTER OVERTIME* ............................................................................................ 39","content":"- REST RELIEF AFTER OVERTIME* ............................................................................................ 39","sortOrder":60},{"sectionNumber":"C11","sectionType":"clause","heading":"- PAYMENT FOR PUBLIC HOLIDAY DUTY* ............................................................................... 39","content":"- PAYMENT FOR PUBLIC HOLIDAY DUTY* ............................................................................... 39\nCanberra Institute\nof Technology\nf_p_n_7_\n© Canberra Institute of Technology Page 5 of 195 Date updated: 18/01/2024","sortOrder":61},{"sectionNumber":"C12","sectionType":"clause","heading":"- DAYLIGHT SAVING ARRANGEMENTS* .................................................................................. 40","content":"- DAYLIGHT SAVING ARRANGEMENTS* .................................................................................. 40","sortOrder":62},{"sectionNumber":"C13","sectionType":"clause","heading":"- ON-CALL ALLOWANCES* ...................................................................................................... 40","content":"- ON-CALL ALLOWANCES* ...................................................................................................... 40","sortOrder":63},{"sectionNumber":"C14","sectionType":"clause","heading":"- CLOSE-CALL ALLOWANCE* ................................................................................................... 40","content":"- CLOSE-CALL ALLOWANCE* ................................................................................................... 40","sortOrder":64},{"sectionNumber":"C15","sectionType":"clause","heading":"- REST RELIEF FOR ON-CALL OR CLOSE-CALL SITUATIONS* ..................................................... 40","content":"- REST RELIEF FOR ON-CALL OR CLOSE-CALL SITUATIONS* ..................................................... 40","sortOrder":65},{"sectionNumber":"C16","sectionType":"clause","heading":"- EMERGENCY DUTY* ............................................................................................................. 40","content":"- EMERGENCY DUTY* ............................................................................................................. 40","sortOrder":66},{"sectionNumber":"C17","sectionType":"clause","heading":"- EMERGENCY MANAGEMENT PROVISION* ........................................................................... 40","content":"- EMERGENCY MANAGEMENT PROVISION* ........................................................................... 40","sortOrder":67},{"sectionNumber":"C18","sectionType":"clause","heading":"- HEALTH AND WELLBEING PAYMENT .................................................................................... 40","content":"- HEALTH AND WELLBEING PAYMENT .................................................................................... 40","sortOrder":68},{"sectionNumber":"C19","sectionType":"clause","heading":"- DIRECTORATE LIAISON OFFICER (DLO) ALLOWANCE ............................................................ 41","content":"- DIRECTORATE LIAISON OFFICER (DLO) ALLOWANCE ............................................................ 41","sortOrder":69},{"sectionNumber":"C20","sectionType":"clause","heading":"- OTHER ALLOWANCES* ......................................................................................................... 41","content":"- OTHER ALLOWANCES* ......................................................................................................... 41","sortOrder":70},{"sectionNumber":"C21","sectionType":"clause","heading":"- REIMBURSEMENT OF REASONABLE RELOCATION EXPENSES................................................ 42","content":"- REIMBURSEMENT OF REASONABLE RELOCATION EXPENSES................................................ 42","sortOrder":71},{"sectionNumber":"SECTION D","sectionType":"part","heading":"SECTION D - Pay Related Matters ............................................................................ 43","content":"SECTION D - Pay Related Matters ............................................................................ 43","sortOrder":72},{"sectionNumber":"D1","sectionType":"clause","heading":"- SALARY SACRIFICE ARRANGEMENTS* .................................................................................... 43","content":"- SALARY SACRIFICE ARRANGEMENTS* .................................................................................... 43","sortOrder":73},{"sectionNumber":"D2","sectionType":"clause","heading":"- ATTRACTION AND RETENTION INCENTIVES ........................................................................... 43","content":"- ATTRACTION AND RETENTION INCENTIVES ........................................................................... 43","sortOrder":74},{"sectionNumber":"D3","sectionType":"clause","heading":"- CLASSIFICATION AND WORK VALUE REVIEW ......................................................................... 43","content":"- CLASSIFICATION AND WORK VALUE REVIEW ......................................................................... 43","sortOrder":75},{"sectionNumber":"D4","sectionType":"clause","heading":"- SUPPORTED WAGE SYSTEM* ................................................................................................. 44","content":"- SUPPORTED WAGE SYSTEM* ................................................................................................. 44","sortOrder":76},{"sectionNumber":"D5","sectionType":"clause","heading":"- OVERPAYMENTS .................................................................................................................... 44","content":"- OVERPAYMENTS .................................................................................................................... 44","sortOrder":77},{"sectionNumber":"D6","sectionType":"clause","heading":"- UNDERPAYMENTS ................................................................................................................. 45","content":"- UNDERPAYMENTS ................................................................................................................. 45","sortOrder":78},{"sectionNumber":"D7","sectionType":"clause","heading":"- SUPERANNUATION ................................................................................................................ 45","content":"- SUPERANNUATION ................................................................................................................ 45","sortOrder":79},{"sectionNumber":"D8","sectionType":"clause","heading":"- PAYMENT ON DEATH ............................................................................................................. 46","content":"- PAYMENT ON DEATH ............................................................................................................. 46","sortOrder":80},{"sectionNumber":"SECTION E","sectionType":"part","heading":"SECTION E - Leave ................................................................................................... 47","content":"SECTION E - Leave ................................................................................................... 47","sortOrder":81},{"sectionNumber":"E1","sectionType":"clause","heading":"- PART-TIME EMPLOYEES ......................................................................................................... 47","content":"- PART-TIME EMPLOYEES ......................................................................................................... 47","sortOrder":82},{"sectionNumber":"E2","sectionType":"clause","heading":"- LEAVE BELOW ONE DAY ......................................................................................................... 47","content":"- LEAVE BELOW ONE DAY ......................................................................................................... 47","sortOrder":83},{"sectionNumber":"E3","sectionType":"clause","heading":"- NON-APPROVAL OF LEAVE ..................................................................................................... 47","content":"- NON-APPROVAL OF LEAVE ..................................................................................................... 47","sortOrder":84},{"sectionNumber":"E4","sectionType":"clause","heading":"- PERSONAL LEAVE ................................................................................................................... 47","content":"- PERSONAL LEAVE ................................................................................................................... 47","sortOrder":85},{"sectionNumber":"E5","sectionType":"clause","heading":"- PERSONAL LEAVE IN SPECIAL, EXTRAORDINARY OR UNFORESEEN CIRCUMSTANCES ............. 52","content":"- PERSONAL LEAVE IN SPECIAL, EXTRAORDINARY OR UNFORESEEN CIRCUMSTANCES ............. 52","sortOrder":86},{"sectionNumber":"E6","sectionType":"clause","heading":"- INFECTIOUS DISEASE CIRCUMSTANCES .................................................................................. 53","content":"- INFECTIOUS DISEASE CIRCUMSTANCES .................................................................................. 53","sortOrder":87},{"sectionNumber":"E7","sectionType":"clause","heading":"- ANNUAL LEAVE* .................................................................................................................... 53","content":"- ANNUAL LEAVE* .................................................................................................................... 53","sortOrder":88},{"sectionNumber":"E8","sectionType":"clause","heading":"- ANNUAL LEAVE LOADING* ..................................................................................................... 55","content":"- ANNUAL LEAVE LOADING* ..................................................................................................... 55\nCanberra Institute\nof Technology\nf_p_n_8_\n© Canberra Institute of Technology Page 6 of 195 Date updated: 18/01/2024","sortOrder":89},{"sectionNumber":"E9","sectionType":"clause","heading":"- PURCHASED LEAVE ................................................................................................................. 56","content":"- PURCHASED LEAVE ................................................................................................................. 56","sortOrder":90},{"sectionNumber":"E10","sectionType":"clause","heading":"- PUBLIC HOLIDAYS ................................................................................................................. 58","content":"- PUBLIC HOLIDAYS ................................................................................................................. 58","sortOrder":91},{"sectionNumber":"E11","sectionType":"clause","heading":"- CHRISTMAS SHUTDOWN* .................................................................................................... 60","content":"- CHRISTMAS SHUTDOWN* .................................................................................................... 60","sortOrder":92},{"sectionNumber":"E12","sectionType":"clause","heading":"- COMPASSIONATE LEAVE ...................................................................................................... 60","content":"- COMPASSIONATE LEAVE ...................................................................................................... 60","sortOrder":93},{"sectionNumber":"E13","sectionType":"clause","heading":"- COMMUNITY SERVICE LEAVE ............................................................................................... 61","content":"- COMMUNITY SERVICE LEAVE ............................................................................................... 61","sortOrder":94},{"sectionNumber":"E14","sectionType":"clause","heading":"- BIRTH LEAVE......................................................................................................................... 64","content":"- BIRTH LEAVE......................................................................................................................... 64","sortOrder":95},{"sectionNumber":"E15","sectionType":"clause","heading":"- SPECIAL BIRTH LEAVE ........................................................................................................... 67","content":"- SPECIAL BIRTH LEAVE ........................................................................................................... 67","sortOrder":96},{"sectionNumber":"E16","sectionType":"clause","heading":"- PRIMARY CARE GIVER LEAVE................................................................................................ 68","content":"- PRIMARY CARE GIVER LEAVE................................................................................................ 68","sortOrder":97},{"sectionNumber":"E17","sectionType":"clause","heading":"- PARENTAL LEAVE ................................................................................................................. 70","content":"- PARENTAL LEAVE ................................................................................................................. 70","sortOrder":98},{"sectionNumber":"E18","sectionType":"clause","heading":"- BONDING LEAVE................................................................................................................... 72","content":"- BONDING LEAVE................................................................................................................... 72","sortOrder":99},{"sectionNumber":"E19","sectionType":"clause","heading":"- GRANDPARENTAL LEAVE ...................................................................................................... 73","content":"- GRANDPARENTAL LEAVE ...................................................................................................... 73","sortOrder":100},{"sectionNumber":"E20","sectionType":"clause","heading":"- ADOPTION, PERMANENT OR LONG TERM CARE LEAVE ........................................................ 75","content":"- ADOPTION, PERMANENT OR LONG TERM CARE LEAVE ........................................................ 75","sortOrder":101},{"sectionNumber":"E21","sectionType":"clause","heading":"- FOSTER AND SHORT-TERM CARE LEAVE ............................................................................... 77","content":"- FOSTER AND SHORT-TERM CARE LEAVE ............................................................................... 77","sortOrder":102},{"sectionNumber":"E22","sectionType":"clause","heading":"- CONCURRENCY CARE ENTITLEMENT TO ADOPTION OF PERMANENT CARE LEAVE ............... 79","content":"- CONCURRENCY CARE ENTITLEMENT TO ADOPTION OF PERMANENT CARE LEAVE ............... 79","sortOrder":103},{"sectionNumber":"E23","sectionType":"clause","heading":"- FAMILY, DOMESTIC OR SEXUAL VIOLENCE LEAVE................................................................. 79","content":"- FAMILY, DOMESTIC OR SEXUAL VIOLENCE LEAVE................................................................. 79","sortOrder":104},{"sectionNumber":"E24","sectionType":"clause","heading":"- RECOVERY LEAVE ARRANGEMENTS FOR EMPLOYEES ABOVE SENIOR OFFICER GRADE A AND","content":"- RECOVERY LEAVE ARRANGEMENTS FOR EMPLOYEES ABOVE SENIOR OFFICER GRADE A AND\nEQUIVALENT* ............................................................................................................................... 82","sortOrder":105},{"sectionNumber":"E25","sectionType":"clause","heading":"- LONG SERVICE LEAVE* ......................................................................................................... 82","content":"- LONG SERVICE LEAVE* ......................................................................................................... 82","sortOrder":106},{"sectionNumber":"E26","sectionType":"clause","heading":"- DISABILITY LEAVE ................................................................................................................. 87","content":"- DISABILITY LEAVE ................................................................................................................. 87","sortOrder":107},{"sectionNumber":"E27","sectionType":"clause","heading":"- SURROGACY LEAVE .............................................................................................................. 89","content":"- SURROGACY LEAVE .............................................................................................................. 89","sortOrder":108},{"sectionNumber":"E28","sectionType":"clause","heading":"- GENDER AFFIRMATION LEAVE .............................................................................................. 91","content":"- GENDER AFFIRMATION LEAVE .............................................................................................. 91","sortOrder":109},{"sectionNumber":"E29","sectionType":"clause","heading":"- ASSISTED REPRODUCTIVE LEAVE .......................................................................................... 92","content":"- ASSISTED REPRODUCTIVE LEAVE .......................................................................................... 92","sortOrder":110},{"sectionNumber":"E30","sectionType":"clause","heading":"- OTHER LEAVE ....................................................................................................................... 94","content":"- OTHER LEAVE ....................................................................................................................... 94","sortOrder":111},{"sectionNumber":"SECTION F","sectionType":"part","heading":"SECTION F - Communication and Consultation ........................................................ 96","content":"SECTION F - Communication and Consultation ........................................................ 96","sortOrder":112},{"sectionNumber":"F1","sectionType":"clause","heading":"- CONSULTATION ...................................................................................................................... 96","content":"- CONSULTATION ...................................................................................................................... 96","sortOrder":113},{"sectionNumber":"F2","sectionType":"clause","heading":"- FREEDOM OF ASSOCIATION ................................................................................................... 98","content":"- FREEDOM OF ASSOCIATION ................................................................................................... 98","sortOrder":114},{"sectionNumber":"F3","sectionType":"clause","heading":"- RIGHT OF EXISTING AND NEW EMPLOYEES TO REPRESENTATION IN THE WORKPLACE.......... 98","content":"- RIGHT OF EXISTING AND NEW EMPLOYEES TO REPRESENTATION IN THE WORKPLACE.......... 98","sortOrder":115},{"sectionNumber":"F4","sectionType":"clause","heading":"- CO-OPERATION AND FACILITIES FOR UNIONS AND OTHER EMPLOYEE REPRESENTATIVES ..... 99","content":"- CO-OPERATION AND FACILITIES FOR UNIONS AND OTHER EMPLOYEE REPRESENTATIVES ..... 99","sortOrder":116},{"sectionNumber":"F5","sectionType":"clause","heading":"- ATTENDANCE AT INDUSTRIAL RELATIONS COURSES AND SEMINARS ................................... 100","content":"- ATTENDANCE AT INDUSTRIAL RELATIONS COURSES AND SEMINARS ................................... 100\nCanberra Institute\nof Technology\nf_p_n_9_\n© Canberra Institute of Technology Page 7 of 195 Date updated: 18/01/2024","sortOrder":117},{"sectionNumber":"F6","sectionType":"clause","heading":"- DISPUTE AVOIDANCE AND SETTLEMENT PROCEDURES ........................................................ 100","content":"- DISPUTE AVOIDANCE AND SETTLEMENT PROCEDURES ........................................................ 100","sortOrder":118},{"sectionNumber":"F7","sectionType":"clause","heading":"- PRIVATISATION .................................................................................................................... 102","content":"- PRIVATISATION .................................................................................................................... 102","sortOrder":119},{"sectionNumber":"SECTION G","sectionType":"part","heading":"SECTION G - Workplace Values and Behaviours ..................................................... 103","content":"SECTION G - Workplace Values and Behaviours ..................................................... 103","sortOrder":120},{"sectionNumber":"G1","sectionType":"clause","heading":"- INTRODUCTION ................................................................................................................... 103","content":"- INTRODUCTION ................................................................................................................... 103","sortOrder":121},{"sectionNumber":"G2","sectionType":"clause","heading":"- PRELIMINARY ASSESSMENT................................................................................................. 104","content":"- PRELIMINARY ASSESSMENT................................................................................................. 104","sortOrder":122},{"sectionNumber":"G3","sectionType":"clause","heading":"- COUNSELLING ...................................................................................................................... 105","content":"- COUNSELLING ...................................................................................................................... 105","sortOrder":123},{"sectionNumber":"G4","sectionType":"clause","heading":"- MISCONDUCT AND DISCIPLINE ............................................................................................ 106","content":"- MISCONDUCT AND DISCIPLINE ............................................................................................ 106","sortOrder":124},{"sectionNumber":"G5","sectionType":"clause","heading":"- DEALING WITH ALLEGATIONS OF MISCONDUCT .................................................................. 106","content":"- DEALING WITH ALLEGATIONS OF MISCONDUCT .................................................................. 106","sortOrder":125},{"sectionNumber":"G6","sectionType":"clause","heading":"- REASSIGNMENT, TRANSFER OR SUSPENSION ...................................................................... 107","content":"- REASSIGNMENT, TRANSFER OR SUSPENSION ...................................................................... 107","sortOrder":126},{"sectionNumber":"G7","sectionType":"clause","heading":"- INVESTIGATIONS ................................................................................................................. 109","content":"- INVESTIGATIONS ................................................................................................................. 109","sortOrder":127},{"sectionNumber":"G8","sectionType":"clause","heading":"- FINDINGS OF MISCONDUCT ................................................................................................. 109","content":"- FINDINGS OF MISCONDUCT ................................................................................................. 109","sortOrder":128},{"sectionNumber":"G9","sectionType":"clause","heading":"- DISCIPLINARY ACTION AND SANCTIONS .............................................................................. 110","content":"- DISCIPLINARY ACTION AND SANCTIONS .............................................................................. 110","sortOrder":129},{"sectionNumber":"G10","sectionType":"clause","heading":"- CRIMINAL CHARGES ........................................................................................................... 111","content":"- CRIMINAL CHARGES ........................................................................................................... 111","sortOrder":130},{"sectionNumber":"G11","sectionType":"clause","heading":"- RIGHT OF APPEAL .............................................................................................................. 112","content":"- RIGHT OF APPEAL .............................................................................................................. 112","sortOrder":131},{"sectionNumber":"SECTION H","sectionType":"part","heading":"SECTION H - Underperformance ............................................................................ 113","content":"SECTION H - Underperformance ............................................................................ 113","sortOrder":132},{"sectionNumber":"H1","sectionType":"clause","heading":"- INTRODUCTION ................................................................................................................... 113","content":"- INTRODUCTION ................................................................................................................... 113","sortOrder":133},{"sectionNumber":"H2","sectionType":"clause","heading":"- UNDERPERFORMANCE ........................................................................................................ 113","content":"- UNDERPERFORMANCE ........................................................................................................ 113","sortOrder":134},{"sectionNumber":"H3","sectionType":"clause","heading":"- APPEAL RIGHTS.................................................................................................................... 115","content":"- APPEAL RIGHTS.................................................................................................................... 115","sortOrder":135},{"sectionNumber":"SECTION I","sectionType":"part","heading":"SECTION I - Internal Review Procedures ............................................................... 116","content":"SECTION I - Internal Review Procedures ............................................................... 116","sortOrder":136},{"sectionNumber":"I1","sectionType":"clause","heading":"- OBJECTIVES AND APPLICATION ............................................................................................. 116","content":"- OBJECTIVES AND APPLICATION ............................................................................................. 116","sortOrder":137},{"sectionNumber":"I2","sectionType":"clause","heading":"- DECISIONS AND ACTIONS EXCLUDED .................................................................................... 116","content":"- DECISIONS AND ACTIONS EXCLUDED .................................................................................... 116","sortOrder":138},{"sectionNumber":"I3","sectionType":"clause","heading":"- INITIATING A REVIEW ........................................................................................................... 117","content":"- INITIATING A REVIEW ........................................................................................................... 117","sortOrder":139},{"sectionNumber":"I4","sectionType":"clause","heading":"- REVIEW PROCESS .................................................................................................................. 117","content":"- REVIEW PROCESS .................................................................................................................. 117","sortOrder":140},{"sectionNumber":"I5","sectionType":"clause","heading":"- RIGHT OF EXTERNAL REVIEW ................................................................................................ 119","content":"- RIGHT OF EXTERNAL REVIEW ................................................................................................ 119","sortOrder":141},{"sectionNumber":"SECTION J","sectionType":"part","heading":"SECTION J - Appeal Mechanism for Misconduct, Underperformance and Other","content":"SECTION J - Appeal Mechanism for Misconduct, Underperformance and Other\nMatters.............................................................................................. 120","sortOrder":142},{"sectionNumber":"J1","sectionType":"clause","heading":"- OBJECTIVE AND APPLICATION .............................................................................................. 120","content":"- OBJECTIVE AND APPLICATION .............................................................................................. 120","sortOrder":143},{"sectionNumber":"J2","sectionType":"clause","heading":"- INITIATING AN APPEAL ......................................................................................................... 120","content":"- INITIATING AN APPEAL ......................................................................................................... 120\nCanberra Institute\nof Technology\nf_p_n_10_\n© Canberra Institute of Technology Page 8 of 195 Date updated: 18/01/2024","sortOrder":144},{"sectionNumber":"J3","sectionType":"clause","heading":"- INDEPENDENT APPEAL MEMBERS ........................................................................................ 121","content":"- INDEPENDENT APPEAL MEMBERS ........................................................................................ 121","sortOrder":145},{"sectionNumber":"J4","sectionType":"clause","heading":"- POWERS AND ROLE OF THE INDEPENDENT APPEAL MEMBER .............................................. 121","content":"- POWERS AND ROLE OF THE INDEPENDENT APPEAL MEMBER .............................................. 121","sortOrder":146},{"sectionNumber":"J5","sectionType":"clause","heading":"- COSTS ................................................................................................................................... 122","content":"- COSTS ................................................................................................................................... 122","sortOrder":147},{"sectionNumber":"J6","sectionType":"clause","heading":"- RIGHT OF EXTERNAL REVIEW ................................................................................................ 122","content":"- RIGHT OF EXTERNAL REVIEW ................................................................................................ 122","sortOrder":148},{"sectionNumber":"SECTION K","sectionType":"part","heading":"SECTION K - Appeal and Process Reviews of certain recruitment decisions ........... 123","content":"SECTION K - Appeal and Process Reviews of certain recruitment decisions ........... 123","sortOrder":149},{"sectionNumber":"K1","sectionType":"clause","heading":"- APPLICATION ....................................................................................................................... 123","content":"- APPLICATION ....................................................................................................................... 123","sortOrder":150},{"sectionNumber":"K2","sectionType":"clause","heading":"- APPEALS ABOUT PROMOTIONS AND TEMPORARY TRANSFER TO HIGHER OFFICE ............... 123","content":"- APPEALS ABOUT PROMOTIONS AND TEMPORARY TRANSFER TO HIGHER OFFICE ............... 123","sortOrder":151},{"sectionNumber":"K3","sectionType":"clause","heading":"- PROCESS REVIEW ................................................................................................................. 124","content":"- PROCESS REVIEW ................................................................................................................. 124","sortOrder":152},{"sectionNumber":"SECTION L","sectionType":"part","heading":"SECTION L - Redeployment and Redundancy ........................................................ 126","content":"SECTION L - Redeployment and Redundancy ........................................................ 126","sortOrder":153},{"sectionNumber":"L1","sectionType":"clause","heading":"- DEFINITIONS ......................................................................................................................... 126","content":"- DEFINITIONS ......................................................................................................................... 126","sortOrder":154},{"sectionNumber":"L2","sectionType":"clause","heading":"- APPLICATION ........................................................................................................................ 126","content":"- APPLICATION ........................................................................................................................ 126","sortOrder":155},{"sectionNumber":"L3","sectionType":"clause","heading":"- CONSULTATION .................................................................................................................... 126","content":"- CONSULTATION .................................................................................................................... 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.................................................................................................. 128","sortOrder":159},{"sectionNumber":"L7","sectionType":"clause","heading":"- RETENTION PERIOD FOR EXCESS OFFICERS ........................................................................... 129","content":"- RETENTION PERIOD FOR EXCESS OFFICERS ........................................................................... 129","sortOrder":160},{"sectionNumber":"L8","sectionType":"clause","heading":"- REDUCTION IN CLASSIFICATION ........................................................................................... 130","content":"- REDUCTION IN CLASSIFICATION ........................................................................................... 130","sortOrder":161},{"sectionNumber":"L9","sectionType":"clause","heading":"- INVOLUNTARY RETIREMENT................................................................................................. 130","content":"- INVOLUNTARY RETIREMENT................................................................................................. 130","sortOrder":162},{"sectionNumber":"L10","sectionType":"clause","heading":"- INCOME MAINTENANCE PAYMENT .................................................................................... 130","content":"- INCOME MAINTENANCE PAYMENT .................................................................................... 130","sortOrder":163},{"sectionNumber":"L11","sectionType":"clause","heading":"- LEAVE AND EXPENSES TO SEEK EMPLOYMENT ................................................................... 131","content":"- LEAVE AND EXPENSES TO SEEK EMPLOYMENT ................................................................... 131","sortOrder":164},{"sectionNumber":"L12","sectionType":"clause","heading":"- USE OF PERSONAL LEAVE ................................................................................................... 131","content":"- USE OF PERSONAL LEAVE ................................................................................................... 131","sortOrder":165},{"sectionNumber":"L13","sectionType":"clause","heading":"- APPEALS ............................................................................................................................. 131","content":"- APPEALS ............................................................................................................................. 131","sortOrder":166},{"sectionNumber":"L14","sectionType":"clause","heading":"- AGREEMENT NOT TO PREVENT OTHER ACTION .................................................................. 131","content":"- AGREEMENT NOT TO PREVENT OTHER ACTION .................................................................. 131","sortOrder":167},{"sectionNumber":"L15","sectionType":"clause","heading":"- RE-ENGAGEMENT OF PREVIOUSLY RETRENCHED OFFICERS ................................................ 131","content":"- RE-ENGAGEMENT OF PREVIOUSLY RETRENCHED OFFICERS ................................................ 131","sortOrder":168},{"sectionNumber":"SECTION M","sectionType":"part","heading":"SECTION M - CIT Specific Conditions ....................................................................... 132","content":"SECTION M - CIT Specific Conditions ....................................................................... 132","sortOrder":169},{"sectionNumber":"M1","sectionType":"clause","heading":"- OPERATION OF CIT SPECIFIC CONDITIONS .......................................................................... 132","content":"- OPERATION OF CIT SPECIFIC CONDITIONS .......................................................................... 132","sortOrder":170},{"sectionNumber":"M2","sectionType":"clause","heading":"- TEMPORARY TRANSFER ...................................................................................................... 132","content":"- TEMPORARY TRANSFER ...................................................................................................... 132","sortOrder":171},{"sectionNumber":"M3","sectionType":"clause","heading":"- INCREMENTAL ADVANCEMENT .......................................................................................... 132","content":"- INCREMENTAL ADVANCEMENT .......................................................................................... 132\nCanberra Institute\nof Technology\nf_p_n_11_\n© Canberra Institute of Technology Page 9 of 195 Date updated: 18/01/2024","sortOrder":172},{"sectionNumber":"M4","sectionType":"clause","heading":"- HOME BASED WORK ........................................................................................................... 132","content":"- HOME BASED WORK ........................................................................................................... 132","sortOrder":173},{"sectionNumber":"M5","sectionType":"clause","heading":"- WORKPLACE HEALTH AND SAFETY...................................................................................... 133","content":"- WORKPLACE HEALTH AND SAFETY...................................................................................... 133","sortOrder":174},{"sectionNumber":"M6","sectionType":"clause","heading":"- LONG SERVICE LEAVE .......................................................................................................... 134","content":"- LONG SERVICE LEAVE .......................................................................................................... 134","sortOrder":175},{"sectionNumber":"M7","sectionType":"clause","heading":"- CONVERSION OF PART-TIME LONG SERVICE LEAVE CREDITS .............................................. 134","content":"- CONVERSION OF PART-TIME LONG SERVICE LEAVE CREDITS .............................................. 134","sortOrder":176},{"sectionNumber":"M8","sectionType":"clause","heading":"- CHRISTMAS SHUTDOWN .................................................................................................... 134","content":"- CHRISTMAS SHUTDOWN .................................................................................................... 134","sortOrder":177},{"sectionNumber":"M9","sectionType":"clause","heading":"- OVERSEAS COMMERCIAL ALLOWANCE (OSCA) ................................................................... 134","content":"- OVERSEAS COMMERCIAL ALLOWANCE (OSCA) ................................................................... 134","sortOrder":178},{"sectionNumber":"M10","sectionType":"clause","heading":"- QUALIFICATION REQUIREMENTS ...................................................................................... 135","content":"- QUALIFICATION REQUIREMENTS ...................................................................................... 135","sortOrder":179},{"sectionNumber":"M11","sectionType":"clause","heading":"- EMPLOYEE DEVELOPMENT (QUALIFICATIONS) ................................................................. 137","content":"- EMPLOYEE DEVELOPMENT (QUALIFICATIONS) ................................................................. 137","sortOrder":180},{"sectionNumber":"M12","sectionType":"clause","heading":"- SENIOR EDUCATION LEADER ............................................................................................. 137","content":"- SENIOR EDUCATION LEADER ............................................................................................. 137","sortOrder":181},{"sectionNumber":"M13","sectionType":"clause","heading":"- SESSIONAL (TEMPORARY/FIXED-TERM) EMPLOYMENT ARRANGEMENTS ........................ 138","content":"- SESSIONAL (TEMPORARY/FIXED-TERM) EMPLOYMENT ARRANGEMENTS ........................ 138","sortOrder":182},{"sectionNumber":"M14","sectionType":"clause","heading":"- SELECTION COMMITTEES .................................................................................................. 138","content":"- SELECTION COMMITTEES .................................................................................................. 138","sortOrder":183},{"sectionNumber":"M15","sectionType":"clause","heading":"- PROBATION ...................................................................................................................... 139","content":"- PROBATION ...................................................................................................................... 139","sortOrder":184},{"sectionNumber":"M16","sectionType":"clause","heading":"- RECORD KEEPING .............................................................................................................. 139","content":"- RECORD KEEPING .............................................................................................................. 139","sortOrder":185},{"sectionNumber":"M17","sectionType":"clause","heading":"- CASUAL EMPLOYMENT ARRANGEMENTS ......................................................................... 139","content":"- CASUAL EMPLOYMENT ARRANGEMENTS ......................................................................... 139","sortOrder":186},{"sectionNumber":"M18","sectionType":"clause","heading":"- HOURS AND ATTENDANCE ................................................................................................ 140","content":"- HOURS AND ATTENDANCE ................................................................................................ 140","sortOrder":187},{"sectionNumber":"M19","sectionType":"clause","heading":"- RIGHT TO DISCONNECT ..................................................................................................... 142","content":"- RIGHT TO DISCONNECT ..................................................................................................... 142","sortOrder":188},{"sectionNumber":"M20","sectionType":"clause","heading":"- DIRECT TEACHING AND COORDINATION ........................................................................... 142","content":"- DIRECT TEACHING AND COORDINATION ........................................................................... 142","sortOrder":189},{"sectionNumber":"M21","sectionType":"clause","heading":"- MANAGING EDUCATOR TIME AND WORKLOADS ............................................................. 143","content":"- MANAGING EDUCATOR TIME AND WORKLOADS ............................................................. 143","sortOrder":190},{"sectionNumber":"M22","sectionType":"clause","heading":"- CONSULTATION REGARDING THE TEACHING CALENDAR .................................................. 144","content":"- CONSULTATION REGARDING THE TEACHING CALENDAR .................................................. 144","sortOrder":191},{"sectionNumber":"M23","sectionType":"clause","heading":"- DESIGNATION OF EDUCATIONAL DEVELOPMENT AND SUPPORT (EDS) POSITIONS .......... 144","content":"- DESIGNATION OF EDUCATIONAL DEVELOPMENT AND SUPPORT (EDS) POSITIONS .......... 144","sortOrder":192},{"sectionNumber":"M24","sectionType":"clause","heading":"- FLEXTIME .......................................................................................................................... 144","content":"- FLEXTIME .......................................................................................................................... 144","sortOrder":193},{"sectionNumber":"M25","sectionType":"clause","heading":"- PAID NON-ATTENDANCE................................................................................................... 144","content":"- PAID NON-ATTENDANCE................................................................................................... 144","sortOrder":194},{"sectionNumber":"M26","sectionType":"clause","heading":"- BREAKS ............................................................................................................................. 145","content":"- BREAKS ............................................................................................................................. 145","sortOrder":195},{"sectionNumber":"M27","sectionType":"clause","heading":"- CIT PERFORMANCE MANAGEMENT FRAMEWORK ............................................................ 145","content":"- CIT PERFORMANCE MANAGEMENT FRAMEWORK ............................................................ 145","sortOrder":196},{"sectionNumber":"M28","sectionType":"clause","heading":"- REDUCTION IN ALLOCATED ANNUAL TEACHING LOAD FOR LEARNING AND DEVELOPMENT146","content":"- REDUCTION IN ALLOCATED ANNUAL TEACHING LOAD FOR LEARNING AND DEVELOPMENT146","sortOrder":197},{"sectionNumber":"M29","sectionType":"clause","heading":"- STRATEGIC LEARNING AND DEVELOPMENT PRIORITIES .................................................... 147","content":"- STRATEGIC LEARNING AND DEVELOPMENT PRIORITIES .................................................... 147","sortOrder":198},{"sectionNumber":"M30","sectionType":"clause","heading":"- APPROACH TO LEARNING AND DEVELOPMENT ................................................................ 147","content":"- APPROACH TO LEARNING AND DEVELOPMENT ................................................................ 147","sortOrder":199},{"sectionNumber":"M31","sectionType":"clause","heading":"- INDIVIDUAL LEARNING AND DEVELOPMENT ALLOCATIONS ............................................. 147","content":"- INDIVIDUAL LEARNING AND DEVELOPMENT ALLOCATIONS ............................................. 147","sortOrder":200},{"sectionNumber":"M32","sectionType":"clause","heading":"- QUALIFICATIONS AND SKILLS ACHIEVEMENT FUND .......................................................... 149","content":"- QUALIFICATIONS AND SKILLS ACHIEVEMENT FUND .......................................................... 149\nCanberra Institute\nof Technology\nf_p_n_12_\n© Canberra Institute of Technology Page 10 of 195 Date updated: 18/01/2024","sortOrder":201},{"sectionNumber":"M33","sectionType":"clause","heading":"- STRATEGIC LEARNING AND DEVELOPMENT FUND ............................................................ 150","content":"- STRATEGIC LEARNING AND DEVELOPMENT FUND ............................................................ 150","sortOrder":202},{"sectionNumber":"M34","sectionType":"clause","heading":"- LEARNING AND DEVELOPMENT ADMINISTRATION ........................................................... 150","content":"- LEARNING AND DEVELOPMENT ADMINISTRATION ........................................................... 150","sortOrder":203},{"sectionNumber":"M35","sectionType":"clause","heading":"- REWARD AND RECOGNITION ............................................................................................ 150","content":"- REWARD AND RECOGNITION ............................................................................................ 150","sortOrder":204},{"sectionNumber":"M36","sectionType":"clause","heading":"- HIGHER EDUCATION ......................................................................................................... 150","content":"- HIGHER EDUCATION ......................................................................................................... 150","sortOrder":205},{"sectionNumber":"M37","sectionType":"clause","heading":"- NEW EDUCATOR DEVELOPMENT ...................................................................................... 151","content":"- NEW EDUCATOR DEVELOPMENT ...................................................................................... 151","sortOrder":206},{"sectionNumber":"M38","sectionType":"clause","heading":"- INDUSTRY CURRENCY ....................................................................................................... 151","content":"- INDUSTRY CURRENCY ....................................................................................................... 151","sortOrder":207},{"sectionNumber":"M39","sectionType":"clause","heading":"- HIGHER DUTIES ALLOWANCE ............................................................................................ 151","content":"- HIGHER DUTIES ALLOWANCE ............................................................................................ 151","sortOrder":208},{"sectionNumber":"M40","sectionType":"clause","heading":"- OVERTIME ........................................................................................................................ 152","content":"- OVERTIME ........................................................................................................................ 152","sortOrder":209},{"sectionNumber":"M41","sectionType":"clause","heading":"- ALLOWANCES ................................................................................................................... 153","content":"- ALLOWANCES ................................................................................................................... 153","sortOrder":210},{"sectionNumber":"M42","sectionType":"clause","heading":"- ANNUAL LEAVE ................................................................................................................. 153","content":"- ANNUAL LEAVE ................................................................................................................. 153","sortOrder":211},{"sectionNumber":"M43","sectionType":"clause","heading":"- ANNUAL LEAVE LOADING ................................................................................................. 153","content":"- ANNUAL LEAVE LOADING ................................................................................................. 153","sortOrder":212},{"sectionNumber":"M44","sectionType":"clause","heading":"- RECOGNITION OF TEACHING HOURS WHILE ON LEAVE ..................................................... 153","content":"- RECOGNITION OF TEACHING HOURS WHILE ON LEAVE ..................................................... 153","sortOrder":213},{"sectionNumber":"M45","sectionType":"clause","heading":"- ADDITIONAL CONDITIONS/EMPLOYMENT ARRANGEMENTS ............................................ 154","content":"- ADDITIONAL CONDITIONS/EMPLOYMENT ARRANGEMENTS ............................................ 154","sortOrder":214},{"sectionNumber":"M46","sectionType":"clause","heading":"- PILOT OPTION (WORKING CONTRIBUTION AND WORKLOAD) .......................................... 154","content":"- PILOT OPTION (WORKING CONTRIBUTION AND WORKLOAD) .......................................... 154","sortOrder":215},{"sectionNumber":"M47","sectionType":"clause","heading":"- CHANGES TO ANNEX A CLASSIFICATIONS ......................................................................... 154","content":"- CHANGES TO ANNEX A CLASSIFICATIONS ......................................................................... 154\nAttachment A ......................................................................................................... 157","sortOrder":216},{"sectionNumber":"ANNEX A","sectionType":"schedule","heading":"ANNEX A - – CLASSIFICATIONS AND RATES OF PAY ................................................... 158","content":"ANNEX A - – CLASSIFICATIONS AND RATES OF PAY ................................................... 158","sortOrder":217},{"sectionNumber":"ANNEX B","sectionType":"schedule","heading":"ANNEX B - – ATTRACTION AND RETENTION INCENTIVES ........................................... 161","content":"ANNEX B - – ATTRACTION AND RETENTION INCENTIVES ........................................... 161","sortOrder":218},{"sectionNumber":"ANNEX C","sectionType":"schedule","heading":"ANNEX C - – EXPENSE, DISABILITY AND SKILL RELTAED ALLOWANCES....................... 169","content":"ANNEX C - – EXPENSE, DISABILITY AND SKILL RELTAED ALLOWANCES....................... 169","sortOrder":219},{"sectionNumber":"ANNEX D","sectionType":"schedule","heading":"ANNEX D - – OTHER LEAVE ........................................................................................ 173","content":"ANNEX D - – OTHER LEAVE ........................................................................................ 173","sortOrder":220},{"sectionNumber":"ANNEX E","sectionType":"schedule","heading":"ANNEX E - – WORK LEVEL STANDARDS ..................................................................... 189","content":"ANNEX E - – WORK LEVEL STANDARDS ..................................................................... 189\nCanberra Institute\nof Technology\nf_p_n_13_\n© Canberra Institute of Technology Page 11 of 195 Date updated: 18/01/2024\nDICTIONARY\nACTPS means the public sector established by the PSM Act. To avoid doubt, this includes Canberra Institute of Technology.\nAgreement means the ACT Public Sector Canberra Institute of Technology (Educators) Enterprise Agreement 2023–2026\nand includes all Annexes and Schedules.\nAppointed means an appointment in accordance with Part 5 Division 5.3 of the PSM Act.\nAssisted Reproductive Leave means the following assisted reproductive treatments: Intrauterine insemination (IUI), In\nvitro fertilisation (IVF) and Intracytoplasmic sperm injection (ICSI) and related medical appointments.\nBusiness Day means any day of the week that is a Monday to Friday, which is not a Public Holiday.\nCarer means an employee who provides in addition to the employee’s normal family responsibilities, care and support on\na regular basis to other family members or other persons who are sick or ageing, have an injury, have a physical or mental\nillness or a disability.\nCasual Employee means a person engaged under section 111 of the PSM Act to perform work with no firm advance\ncommitment to continuing and indefinite work according to an agreed pattern of work.\nChief Executive means a person appointed under the Financial Management Act 1996 to undertake the function of Chief\nExecutive Officer at CIT.\nChild includes children in the case of multiple births.\nCIT means the Canberra Institute of Technology.\nCITCC means the CIT Consultative Committee established under clause F1 - of this Agreement.\nCollege Director means a person employed at the Manager Education – Level 2 (MEL2), or from 5 December 2024, the\nCollege Director Level classification with responsibility for the efficient management of a teaching college. A College\nDirector may, under the organisational structure in place at the commencement of this Agreement, operate with a second\ndirector to jointly manage a teaching college.\nConsultation means providing relevant information to employees and their union or other employee representatives. It\nmeans more than a mere exchange of information. For consultation to be effective the participants must be contributing to\nthe decision-making process not only in appearance but in fact.\nCounts as service for all purposes means also the provision of employer superannuation contributions to the extent of an\nemployee’s superannuation fund rules.\nDaylight Equivalent (DE) means, in accordance with the provisions of clause M18 - (Hours and Attendance), the allocation\nof one and a quarter hours for each hour worked as part of the annual teaching load after 5.30p.m. on weekdays; the\nallocation of one and a half hours for each hour worked as part of the annual teaching load worked on Saturday, and the\nallocation of one and three quarter hours for each hour worked as part of the annual teaching load worked on Sunday.\nDelegate means the Chief Executive or the person authorised by the Chief Executive to perform specific functions under\nthis Agreement.\nDirect Teaching means training activity associated directly with a student’s learning as outlined in clause M20 - (Direct\nTeaching and Coordination).\nDirectorate means an administrative unit so named or other government agency within the meaning of the PSM Act and\nCalvary Health Care ACT Limited.\nCanberra Institute\nof Technology\nf_p_n_14_\n© Canberra Institute of Technology Page 12 of 195 Date updated: 18/01/2024\nDirector-general means a person engaged under subsection 31(2) of the PSM Act as the director-general of the\ndirectorate and includes a person who exercises head of service powers in relation to the appointment, engagement and\nemployment of staff in a government agency in accordance with the PSM Act or other Territory law, but only in relation to\nstaff of that government agency.\nDisability means a permanent or ongoing physical or psychological disability attributable to one or more intellectual,\ncognitive, neurological, sensory or physical impairments or to one or more impairments attributable to a psychiatric\ncondition.\nDomestic Partnership means a relationship between 2 people, whether of a different or the same sex, living together as a\ncouple on a genuine domestic basis.\nEDS designated position means a position at a Educator Level 1 or 2, or Head of Department Level classification that has\nbeen designated as an Educational Development and Support position in line with clause M23 - (Designation of\nEducational Development and Support (EDS) Positions) of this Agreement.\nEducator Level 1 means the first classification level for a CIT employee, as provided at Annex A (Classifications and Rates\nof Pay), with base-level functions provided at Annex E (Work Level Standards). A reference to Educator Level 1 should be\ninterpreted to mean a reference to Teacher Level 1, unless a clear contrary intention appears.\nEducator Level 2 means the second classification level for a CIT employee, as provided at Annex A (Classifications and\nRates of Pay), with base-level functions provided at Annex E (Work Level Standards). A reference to Educator Level 2\nshould be interpreted to mean a reference to Teacher Level 2, unless a clear contrary intention appears.\nEligible Casual Employee, for the purposes of clause E15 - (Special Birth Leave), clause E17 - (Parental Leave), Section G\n(Workplace Values and Behaviour), and Section H (Underperformance) only, means an employee for which all of the\nfollowing apply:\n(a) They have been employed as a casual employee.\n(b) They have been employed by the ACTPS on a regular and systematic basis for a sequence of periods of\nemployment during a period of at least 12 months.\n(c) They have a reasonable expectation of continuing to be employed by the ACTPS on a regular and systematic basis.\nEmployee means (unless there is a clear intention in this Agreement to restrict the meaning) an officer or a casual\nemployee or a temporary employee who is employed or engaged under the PSM Act in a classification set out in Annex A,\nexcluding a person engaged as head of service under subsection 31(1) of the PSM Act, persons engaged as directors-\ngeneral under subsection 31(2) of the PSM Act, or persons engaged as executives under subsection 31(2) of the PSM Act.\nEmployee Representative means any person chosen by an employee, or a group of employees, to represent the\nemployee(s).\nFamily Violence is as defined under the Family Violence Act (ACT) 2016.\nFW Act means the Fair Work Act 2009.\nFWC means Fair Work Commission.\nFair work Regulations or FW Regulations mean the Fair Work Regulations 2009.\nHead of Department means a person employed at the Manager Education – Level 1 (MEL1), or from 5 December 2024,\nthe Head of Department Level classification who is responsible for managing staff and other resources associated with a\ndepartment.\nHead of service means a person engaged under subsection 31(1) of the PSM Act as the head of service and the head of\nservice for the ACT Long Service Leave Authority or a person who exercises head of service powers in relation to the\nappointment, engagement and employment of staff in a government agency (including CIT) in accordance with the PSM\nAct or other territory law, but only in relation to staff of that government agency.\nCanberra Institute\nof Technology\nf_p_n_15_\n© Canberra Institute of Technology Page 13 of 195 Date updated: 18/01/2024\nHousehold Member means a person (other than the employee’s immediate family) residing in the employee’s normal\nplace of residence at the time of their illness, injury, emergency or death.\nImmediate Family means a person who is any of the following:\n(a) A domestic partner (including a former domestic partner).\n(b) A child or an adult child, parent, grandparent, grandchild or sibling of the employee or domestic partner\nof the employee.\n(c) A person related to the employee by Aboriginal or Torres Strait Islander kinship structures.\n(d) A child who is the subject of a permanent caring arrangement.\n(e) An adopted child.\n‘Immediate family’ includes adopted, step-, fostered or ex-nuptial immediate family where these circumstances\nexist. Additionally, the chief executive may consider that the definition of ‘immediate family’ be extended for a\nparticular decision involving an employee where exceptional circumstances exist. This might include other close\nfamily members or an employee who lives alone and has no-one to nominate as ‘immediate family’, may\nnominate one person, in similar circumstances, for the purpose of caring responsibilities.\nIndustrial Democracy means that CIT employees have the opportunity to influence decisions affecting their work, their\nworking environment and processes. It is about establishing a climate for problem-solving and decision-making through\nopen and timely communication, access to information and collaborative strategies.\nLong-term Temporary means a person who is engaged under the PSM Act for a period of 12 months or more.\nManager means a person who has responsibility for planning, organising and leading a work unit or group activity.\nManager Education - Level 1 means the first management level classification for a CIT employee, as provided at Annex A\n(Classifications and Rates of Pay), with base-level functions provided at Annex E (Work Level Standards). Positions at this\nclassification are locally titled Head of Department.\nManager Education - Level 2 means the top management level classification for a CIT employee, as provided at Annex A\n(Classifications and Rates of Pay), with base-level functions provided at Annex E (Work Level Standards). Positions at this\nclassification are locally titled College Director.\nMiscarriage is as defined under the Fair Work Act 2009 (Cth).\nNational Employment Standards means Part 2-2 of the Fair Work Act 2009 (Cth), as amended from time to time.\nOfficer means a person who is appointed as an officer under Division 5.3 of the PSM Act. Note: Permanent staff are\nofficers.\nPermanent or Long Term Caring Responsibility means an out of home care placement for a child until the child turns 18\nas defined by the Children and Young People Act 2008 (ACT) or as defined under equivalent legislation within other\nAustralian states or territories.\nPrimary Care Giver is a person who is the primary carer of a child in the person’s reference period if the child is in the\nperson’s care in that period and the person meets the child’s physical needs more than anyone else in that period.\nPublic Sector Management Act or (PSM Act) means the Public Sector Management Act 1994 as varied, or replaced.\nPublic Sector Management Standards or (PSM Standards) means the Public Sector Management Standards as varied\nmade under section 251 of the PSM Act.\nPublic sector standards commissioner means a person appointed under section 142 of the PSM Act.\nCanberra Institute\nof Technology\nf_p_n_16_\n© Canberra Institute of Technology Page 14 of 195 Date updated: 18/01/2024\nRegistered Health Professional means a health professional registered, or licensed, as a health professional (or as a health\nprofessional of a particular type) under a law of a State or Territory that provides for the registration or licensing of health\nprofessionals (or health professionals of that type).\nRegistered Medical Practitioner means a person registered, or licensed as a medical practitioner under a law of a state or\nterritory that provides for the registration or licensing of medical practitioners.\nRegistered Midwife means a person whose name is included in the Register of Midwives kept by the National Board for\nmidwifery.\nService or ACT Public Service means the ACT Public Service established by the PSM Act.\nShort Term Care means an out of home care placement for a child (or children) of up to 2 years duration as defined by the\nChildren and Young People Act 2008 (ACT) or as defined under equivalent legislation within other Australian states or\nterritories.\nShort-term Temporary Employee means an employee engaged under the PSM Act for a period of less than 12 months.\nStandard Hours are the hours used for calculating salary and leave entitlements. For a 36.75 hours per week position\nstandard hours are from 8:30 am to 12:30 pm and from 1:30 pm to 4:51 pm Monday to Friday and for a 38 hours per week\nposition standard hours are from 8:30 am to 12:30 pm and from 1:30 pm to 5:06pm pm Monday to Friday (unless\notherwise agreed in writing by the employee and the manager or supervisor).\nStillbirth/Stillborn Child is as defined under the Fair Work Act 2009 (Cth).\nStrategic Board means the senior management team, comprising the head of service and the 8 directors-general,\nresponsible for providing whole-of-government leadership and strategic direction to the ACT Public Service.\nSupervisor means a person who has direct supervisory responsibility for one or more employees CIT.\nTeacher Level 1 means the first classification level for a CIT employee, as provided at Annex A (Classifications and Rates of\nPay), with base-level functions provided at Annex E (Work Level Standards). From 5 December 2024 Teacher Level\nclassifications will be renamed to the Educator Level.\nTeacher Level 2 means the second classification level for a CIT employee, as provided at Annex A (Classifications and Rates\nof Pay), with base-level functions provided at Annex E (Work Level Standards). From 5 December 2024 Teacher Level\nclassifications will be renamed to the Educator Level.\nTemporary Employee means a person engaged under the PSM Act for a specific period of time or for a specified task\nunder Division 5.8 of the PSM Act, excluding a person engaged under section 31(1) of the PSM Act as head of service,\npersons engaged as directors-general under section 31(2) of the PSM Act or persons engaged as executives under section\n31(2) of the PSM Act.\nUnion(s) means a union or unions which are covered by this Agreement, who are registered under the Fair Work\n(Registered Organisations) Act 2009 (Cth).\nWHS Act means the Work Health and Safety Act 2011.\nCanberra Institute\nof Technology\nf_p_n_17_\n© Canberra Institute of Technology Page 15 of 195 Date updated: 18/01/2024","sortOrder":221},{"sectionNumber":"A1.1","sectionType":"clause","heading":"This Agreement, made under section 172 of the Fair Work Act 2009, will be known as the ACT","content":"This Agreement, made under section 172 of the Fair Work Act 2009, will be known as the ACT\nPublic Sector Canberra Institute of Technology (Educators) Enterprise Agreement 2023-2026.","sortOrder":222},{"sectionNumber":"A2.1","sectionType":"clause","heading":"The main purpose of this Agreement is to provide for common terms and conditions that apply","content":"The main purpose of this Agreement is to provide for common terms and conditions that apply\nacross the Australian Capital Territory Public Sector (ACTPS) and terms and conditions that reflect\nthe operational and business requirements of the Canberra institute of Technology (CIT).\nRetaining our people","sortOrder":223},{"sectionNumber":"A2.2","sectionType":"clause","heading":"In order to promote permanent employment and job security for employees, CIT will endeavour","content":"In order to promote permanent employment and job security for employees, CIT will endeavour\nto minimise the use of temporary and casual employment.","sortOrder":224},{"sectionNumber":"A2.3","sectionType":"clause","heading":"CIT agrees to the use of temporary employees only where there is no officer available with the","content":"CIT agrees to the use of temporary employees only where there is no officer available with the\nexpertise, skills or qualifications required for the duties to be performed or the assistance of a\ntemporary nature is required for the performance of urgent or specialised work within CIT and it\nis not practical in the circumstances to use the services of an existing officer.","sortOrder":225},{"sectionNumber":"A2.4","sectionType":"clause","heading":"Casual employment may be utilised to meet short-term work demands or specialist skill","content":"Casual employment may be utilised to meet short-term work demands or specialist skill\nrequirements which are not continuing and would not be anticipated to be met by existing\nemployee levels. Casual employment must not be utilised for the purpose of undermining the\njob security of temporary and permanent employees.","sortOrder":226},{"sectionNumber":"A2.5","sectionType":"clause","heading":"In respect of casual employment, a conversion to full-time or part-time permanent employment","content":"In respect of casual employment, a conversion to full-time or part-time permanent employment\nwill be considered in accordance with the ACT Government’s Secure Workforce Conversion\nProcess where: regular and systematic patterns of work have existed in the 6 month period prior\nto the employee’s 12 month anniversary; and where there is a reasonable expectation that such\narrangements can continue, on a part-time or full-time permanent basis without significant\nchanges.\nNote: This is in addition to the FW Act right to request conversion.","sortOrder":227},{"sectionNumber":"A2.6","sectionType":"clause","heading":"The ACTPS will continue to consult with unions and employees on the development of strategies","content":"The ACTPS will continue to consult with unions and employees on the development of strategies\nand initiatives that may assist in the successful recruitment and retention of mature age\nemployees. Such strategies and initiatives will be the subject of discussion and agreement\nbetween the employee and the chief executive.","sortOrder":228},{"sectionNumber":"A2.7","sectionType":"clause","heading":"These strategies and initiatives may include any of the following:","content":"These strategies and initiatives may include any of the following:","sortOrder":229},{"sectionNumber":"A2.7.1","sectionType":"clause","heading":"Developing flexible working arrangements, such as variable employment, part-year","content":"Developing flexible working arrangements, such as variable employment, part-year\nemployment, job sharing and purchased leave.","sortOrder":230},{"sectionNumber":"A2.7.2","sectionType":"clause","heading":"Planning phased retirement arrangements for individual mature age employees who","content":"Planning phased retirement arrangements for individual mature age employees who\nare considering retirement within 4 to 5 years, including through reducing the\nemployee’s management or higher level responsibilities during a phased retirement\nperiod.","sortOrder":231},{"sectionNumber":"A2.7.3","sectionType":"clause","heading":"Examining the implications of current superannuation legislation for using such","content":"Examining the implications of current superannuation legislation for using such\nflexible employment and working arrangements and informing affected employees\nhow such implications may be addressed.","sortOrder":232},{"sectionNumber":"A2.7.4","sectionType":"clause","heading":"Arranging training to assist the employee in any changing roles the employee may","content":"Arranging training to assist the employee in any changing roles the employee may\nhave as part of the employee’s phased retirement.\nCanberra Institute\nof Technology\nf_p_n_18_\n© Canberra Institute of Technology Page 16 of 195 Date updated: 18/01/2024","sortOrder":233},{"sectionNumber":"A2.7.5","sectionType":"clause","heading":"Developing arrangements to facilitate the return of former mature age employees,","content":"Developing arrangements to facilitate the return of former mature age employees,\nincluding by engaging such persons for a short period in a mentoring capacity.","sortOrder":234},{"sectionNumber":"A2.7.6","sectionType":"clause","heading":"At the discretion of the chief executive, contributing to the cost to an employee of","content":"At the discretion of the chief executive, contributing to the cost to an employee of\nfinancial advice received as part of planning for a phased retirement period.\nAttracting future employees","sortOrder":235},{"sectionNumber":"A2.8","sectionType":"clause","heading":"The ACTPS will consult with the union(s) through the CIT Consultative Committee (CITCC) to","content":"The ACTPS will consult with the union(s) through the CIT Consultative Committee (CITCC) to\ndevelop strategies to assist in attracting and retaining suitable employees. This will involve\ndevelopment of appropriate strategies and processes, including the conduct of surveys of staff,\nto assist this objective.\nDeveloping our people","sortOrder":236},{"sectionNumber":"A2.9","sectionType":"clause","heading":"The ACTPS will consult and agree with the union(s) on the development and finalisation of","content":"The ACTPS will consult and agree with the union(s) on the development and finalisation of\nLearning and Development Plans and on the annual key learning and development priorities.\nThe ACTPS and the union(s) will also agree on the equitable use of resources to address these\npriorities and strategies appropriate for the different categories of employees. For the purposes\nof this clause, \"resources\" includes, but is not limited to, employees, time, funding (where\nrequired) and equipment.","sortOrder":237},{"sectionNumber":"A2.10","sectionType":"clause","heading":"This Agreement supports a performance culture within CIT that promotes ethical workplace","content":"This Agreement supports a performance culture within CIT that promotes ethical workplace\nconduct and rewards employees for their contribution towards the achievement of CIT’s\nobjectives.","sortOrder":238},{"sectionNumber":"A2.11","sectionType":"clause","heading":"It is acknowledged that performance management is important to employee development and","content":"It is acknowledged that performance management is important to employee development and\nto ensuring that the relationship between corporate, team and individual responsibilities is\naligned to individual, team and organisational objectives.","sortOrder":239},{"sectionNumber":"A2.12","sectionType":"clause","heading":"Any performance management schemes in CIT will not include performance pay and will not be","content":"Any performance management schemes in CIT will not include performance pay and will not be\nused for disciplinary purposes.\nRecognising our people","sortOrder":240},{"sectionNumber":"A2.13","sectionType":"clause","heading":"CIT is committed to achieving an environment where employees feel valued for the contribution","content":"CIT is committed to achieving an environment where employees feel valued for the contribution\nthey make to achieving organisational goals. The most effective form of recognition is timely and\nappropriate feedback. CIT will consult with the union(s) on other effective ways of recognising and\nrewarding the achievement of individuals and work groups.","sortOrder":241},{"sectionNumber":"A2.14","sectionType":"clause","heading":"Any outcomes of this consultation will only be implemented by agreement of CIT and the union(s).","content":"Any outcomes of this consultation will only be implemented by agreement of CIT and the union(s).\nEnsuring fairness","sortOrder":242},{"sectionNumber":"A2.15","sectionType":"clause","heading":"CIT recognises and encourages the contribution that people with diverse backgrounds,","content":"CIT recognises and encourages the contribution that people with diverse backgrounds,\nexperiences and skills can make to the workplace. CIT aims to ensure that this diversity is able to\ncontribute to effective decision making and delivery of client service.","sortOrder":243},{"sectionNumber":"A2.16","sectionType":"clause","heading":"CIT will work with employees to prevent and eliminate discrimination on the basis of sex, sexuality,","content":"CIT will work with employees to prevent and eliminate discrimination on the basis of sex, sexuality,\ngender identity, relationship status, status as a parent or carer, pregnancy, breastfeeding, race,\nreligious or political conviction, disability, industrial activity, age, profession, trade, occupation or\ncalling, association, or a spent conviction, in accordance with the Discrimination Act 1991.\nAchieving a better work and life balance","sortOrder":244},{"sectionNumber":"A2.17","sectionType":"clause","heading":"CIT is committed to providing employees with a work-life balance that recognises the family and","content":"CIT is committed to providing employees with a work-life balance that recognises the family and\nother personal commitments of employees.","sortOrder":245},{"sectionNumber":"A2.18","sectionType":"clause","heading":"CIT acknowledges the commitment and responsibilities that Aboriginal and Torres Strait Islander","content":"CIT acknowledges the commitment and responsibilities that Aboriginal and Torres Strait Islander\nemployees have to their community, and that Aboriginal or Torres Strait Islander identity is not left\nat the door when entering the workplace. CIT recognises that Aboriginal and Torres Strait Islander\nCanberra Institute\nof Technology\nf_p_n_19_\n© Canberra Institute of Technology Page 17 of 195 Date updated: 18/01/2024\nemployees have the capacity to make a unique and important contribution and bring a strength to\nthe operations of the Australian Capital Territory and Public Sector.","sortOrder":246},{"sectionNumber":"A2.19","sectionType":"clause","heading":"This Enterprise Agreement provides a number of entitlements specific to Aboriginal and Torres","content":"This Enterprise Agreement provides a number of entitlements specific to Aboriginal and Torres\nStrait Islander employees in recognition of their community and cultural responsibilities, and in\nthis statement expressly recognises the roles that Aboriginal and Torres Strait Islander employees\nmay be required to undertake as part of their community. Involvement in community is an on-\ngoing function for Aboriginal and Torres Strait Islander peoples and is not tied to ‘office hours’.","sortOrder":247},{"sectionNumber":"A2.20","sectionType":"clause","heading":"It is recognised that commitment to community can result in expectations being placed on","content":"It is recognised that commitment to community can result in expectations being placed on\nAboriginal and Torres Strait Islander employees that may not be expected of other employees,\nand that Aboriginal and Torres Strait Islander employees may be culturally bound to the\nperformance of specific functions for their community. It is also recognised that Aboriginal and\nTorres Strait Islander employees may be impacted in their lives by a variety and accumulation\nof cultural factors.","sortOrder":248},{"sectionNumber":"A2.21","sectionType":"clause","heading":"Within and subject to operational requirements, supervisors and managers should seek to work","content":"Within and subject to operational requirements, supervisors and managers should seek to work\nwith Aboriginal and Torres Strait Islander employees to support utilising the appropriate\nentitlements contained in this Agreement and achieve an appropriate balance between cultural\nand community responsibilities, and workplace duties.\nPromoting a healthy and safe working environment","sortOrder":249},{"sectionNumber":"A2.22","sectionType":"clause","heading":"CIT is committed to promoting, achieving and maintaining the highest levels of health and safety","content":"CIT is committed to promoting, achieving and maintaining the highest levels of health and safety\nfor all employees.","sortOrder":250},{"sectionNumber":"A2.23","sectionType":"clause","heading":"CIT is committed to facilitating workforce participation at a level that meets the needs of each","content":"CIT is committed to facilitating workforce participation at a level that meets the needs of each\nindividual and accounts for their particular circumstances.","sortOrder":251},{"sectionNumber":"A2.24","sectionType":"clause","heading":"CIT will take all reasonable steps and precautions to provide a healthy, safe and secure workplace","content":"CIT will take all reasonable steps and precautions to provide a healthy, safe and secure workplace\nfor the employee. The ACTPS and all employees will act in a manner that is consistent with the\nWork Health and Safety Act (WHS Act).","sortOrder":252},{"sectionNumber":"A2.25","sectionType":"clause","heading":"Further, given the clear evidence of the benefits and cost effectiveness of workplace health","content":"Further, given the clear evidence of the benefits and cost effectiveness of workplace health\ninitiatives for both employers and employees, the ACTPS will develop health and wellbeing policies\nand programs that promote healthy lifestyles and help maintain a high standard of physical and\nmental health, along with supporting individual workplace safety and general wellbeing. Such\npolicies and programs may include any of the following:","sortOrder":253},{"sectionNumber":"A2.25.1","sectionType":"clause","heading":"Organisational and environmental policies and programs.","content":"Organisational and environmental policies and programs.","sortOrder":254},{"sectionNumber":"A2.25.2","sectionType":"clause","heading":"Awareness, training and education programs that promote healthy lifestyles, assist","content":"Awareness, training and education programs that promote healthy lifestyles, assist\nemployees to identify and reduce risk factors.","sortOrder":255},{"sectionNumber":"A2.25.3","sectionType":"clause","heading":"Traditional and non-traditional physical activity programs.","content":"Traditional and non-traditional physical activity programs.\nClimate change mitigation and sustainability","sortOrder":256},{"sectionNumber":"A2.26","sectionType":"clause","heading":"The parties acknowledge all of the following:","content":"The parties acknowledge all of the following:","sortOrder":257},{"sectionNumber":"A2.26.1","sectionType":"clause","heading":"That climate is changing and this affects residents of the ACT.","content":"That climate is changing and this affects residents of the ACT.","sortOrder":258},{"sectionNumber":"A2.26.2","sectionType":"clause","heading":"The ACT has a long-term emissions reduction target of net zero greenhouse gas","content":"The ACT has a long-term emissions reduction target of net zero greenhouse gas\nemissions by the year 2050 with a series of interim targets to achieve that goal.","sortOrder":259},{"sectionNumber":"A2.26.3","sectionType":"clause","heading":"Education, discussion, information sharing and cooperation in the workplace is an","content":"Education, discussion, information sharing and cooperation in the workplace is an\nimportant part of supporting the achievement of the emissions target.","sortOrder":260},{"sectionNumber":"A3.1","sectionType":"clause","heading":"This Agreement applies to and covers all of the following:","content":"This Agreement applies to and covers all of the following:\nCanberra Institute\nof Technology\nf_p_n_20_\n© Canberra Institute of Technology Page 18 of 195 Date updated: 18/01/2024","sortOrder":261},{"sectionNumber":"A3.1.1","sectionType":"clause","heading":"The Chief Executive of Canberra Institute of Technology on behalf of the Australian","content":"The Chief Executive of Canberra Institute of Technology on behalf of the Australian\nCapital Territory","sortOrder":262},{"sectionNumber":"A3.1.2","sectionType":"clause","heading":"Persons engaged by the chief executive of CIT under the Public Sector Management","content":"Persons engaged by the chief executive of CIT under the Public Sector Management\nAct 1994 (PSM Act) at any time when the Agreement is in operation in one of the\nclassifications in Annex A.","sortOrder":263},{"sectionNumber":"A3.2","sectionType":"clause","heading":"Subject to the Fair Work Commission (FWC) noting in its decision to approve this Agreement","content":"Subject to the Fair Work Commission (FWC) noting in its decision to approve this Agreement\nthat it covers these unions, this Agreement covers all of the following:","sortOrder":264},{"sectionNumber":"A4.1","sectionType":"clause","heading":"This Agreement will commence operation 7 days after it is approved by the FWC.","content":"This Agreement will commence operation 7 days after it is approved by the FWC.","sortOrder":265},{"sectionNumber":"A4.2","sectionType":"clause","heading":"The nominal expiry date of this Agreement is 31 March 2026.","content":"The nominal expiry date of this Agreement is 31 March 2026.","sortOrder":266},{"sectionNumber":"A4.3","sectionType":"clause","heading":"The chief executive and unions covered by this Agreement agree to commence bargaining for a","content":"The chief executive and unions covered by this Agreement agree to commence bargaining for a\nnew replacement Agreement no later than 8 months prior to the nominal expiry date of this\nAgreement.","sortOrder":267},{"sectionNumber":"A4.4","sectionType":"clause","heading":"Copies of this Agreement will be made available, in paper or electronic form, to all employees","content":"Copies of this Agreement will be made available, in paper or electronic form, to all employees\ncovered by the Agreement.","sortOrder":268},{"sectionNumber":"A5.1","sectionType":"clause","heading":"This Agreement is comprehensive and provides the terms and conditions of employment of","content":"This Agreement is comprehensive and provides the terms and conditions of employment of\nemployees covered by this Agreement, other than terms and conditions applying under\napplicable legislation.","sortOrder":269},{"sectionNumber":"A5.2","sectionType":"clause","heading":"Applicable legislation includes all of the following:","content":"Applicable legislation includes all of the following:","sortOrder":270},{"sectionNumber":"A5.2.2","sectionType":"clause","heading":"Public Sector Management Act 1994 (ACT) (PSM Act)","content":"Public Sector Management Act 1994 (ACT) (PSM Act)","sortOrder":271},{"sectionNumber":"A5.2.3","sectionType":"clause","heading":"Public Sector Management Standards (PSM Standards)","content":"Public Sector Management Standards (PSM Standards)","sortOrder":272},{"sectionNumber":"A5.2.4","sectionType":"clause","heading":"Financial Management Act 1996 (ACT) (FM Act)","content":"Financial Management Act 1996 (ACT) (FM Act)","sortOrder":273},{"sectionNumber":"A5.2.5","sectionType":"clause","heading":"Work Health and Safety Act 2011 (ACT) (WHS Act)","content":"Work Health and Safety Act 2011 (ACT) (WHS Act)","sortOrder":274},{"sectionNumber":"A5.2.7","sectionType":"clause","heading":"Territory Records Act 2002 (ACT) (TR Act)","content":"Territory Records Act 2002 (ACT) (TR Act)","sortOrder":275},{"sectionNumber":"A5.2.8","sectionType":"clause","heading":"Safety, Rehabilitation and Compensation Act, 1988 (Cth) (SRC Act)","content":"Safety, Rehabilitation and Compensation Act, 1988 (Cth) (SRC Act)","sortOrder":276},{"sectionNumber":"A5.2.9","sectionType":"clause","heading":"Superannuation Guarantee (Administration) Act 1992 (Cth)","content":"Superannuation Guarantee (Administration) Act 1992 (Cth)","sortOrder":277},{"sectionNumber":"A5.2.10","sectionType":"clause","heading":"Integrity Commission Act 2018 (ACT) (IC Act)","content":"Integrity Commission Act 2018 (ACT) (IC Act)","sortOrder":278},{"sectionNumber":"A5.2.11","sectionType":"clause","heading":"Public Interest Disclosure Act 2012 (ACT) (PID Act)","content":"Public Interest Disclosure Act 2012 (ACT) (PID Act)","sortOrder":279},{"sectionNumber":"A5.2.12","sectionType":"clause","heading":"Labour Hire Licensing Act 2020 (ACT) (LHL Act)","content":"Labour Hire Licensing Act 2020 (ACT) (LHL Act)","sortOrder":280},{"sectionNumber":"A5.2.13","sectionType":"clause","heading":"Canberra Institute of Technology Act 1987 (ACT) (CIT Act)","content":"Canberra Institute of Technology Act 1987 (ACT) (CIT Act)","sortOrder":281},{"sectionNumber":"A5.3","sectionType":"clause","heading":"This Agreement constitutes a closed agreement in settlement of all claims for its duration.","content":"This Agreement constitutes a closed agreement in settlement of all claims for its duration.\nTherefore, during the life of this Agreement, there will be no further claims that affect the\nprovisions of this Agreement, except where these claims are consistent with the terms of this\nAgreement. This clause does not limit the rights to vary an agreement under the FW Act .","sortOrder":282},{"sectionNumber":"A5.4","sectionType":"clause","heading":"This Agreement will be read and interpreted in conjunction with the National Employment","content":"This Agreement will be read and interpreted in conjunction with the National Employment\nStandards (NES) of the FW Act. If there is inconsistency between this Agreement and the NES,\nCanberra Institute\nof Technology\nf_p_n_21_\n© Canberra Institute of Technology Page 19 of 195 Date updated: 18/01/2024\nand the NES provides greater benefit, the NES provision will apply to the extent of the\ninconsistency.","sortOrder":283},{"sectionNumber":"A5.5","sectionType":"clause","heading":"This Agreement prevails over ACT legislation, including the PSM Act and the PSM Standards","content":"This Agreement prevails over ACT legislation, including the PSM Act and the PSM Standards\nand relevant policy statements and guidelines to the extent of any inconsistency.","sortOrder":284},{"sectionNumber":"A5.6","sectionType":"clause","heading":"To the extent of any inconsistency between a provision in section M and sections A to L of this","content":"To the extent of any inconsistency between a provision in section M and sections A to L of this\nAgreement, the provision in section M will prevail.","sortOrder":285},{"sectionNumber":"A6.1","sectionType":"clause","heading":"The chief executive may, in writing, delegate any power or function that the chief executive","content":"The chief executive may, in writing, delegate any power or function that the chief executive\nhas under this Agreement to another person or position within CIT, subject to directions,\nexcept for this power of delegation and the powers under:","sortOrder":286},{"sectionNumber":"A6.1.13","sectionType":"clause","heading":"Annex D, section 16 (Campaign for election)","content":"Annex D, section 16 (Campaign for election)","sortOrder":287},{"sectionNumber":"A6.2","sectionType":"clause","heading":"This does not limit the power of the chief executive to authorise a person to act for and on the","content":"This does not limit the power of the chief executive to authorise a person to act for and on the\nchief executive’s behalf.","sortOrder":288},{"sectionNumber":"A6.3","sectionType":"clause","heading":"Only the chief executive may, in writing, sub-delegate a power or function delegated to them","content":"Only the chief executive may, in writing, sub-delegate a power or function delegated to them\nby the head of service.","sortOrder":289},{"sectionNumber":"A6.4","sectionType":"clause","heading":"In this Agreement reference to the chief executive may be taken to mean delegate where the","content":"In this Agreement reference to the chief executive may be taken to mean delegate where the\nchief executive has delegated the particular power or function under subclause A6.1.","sortOrder":290},{"sectionNumber":"A7.2","sectionType":"clause","heading":"- Authority of the Public Sector Standards Commissioner","content":"- Authority of the Public Sector Standards Commissioner","sortOrder":291},{"sectionNumber":"A7.1","sectionType":"clause","heading":"Where the Public Sector Standards Commissioner has express powers under this Agreement, only","content":"Where the Public Sector Standards Commissioner has express powers under this Agreement, only\nthe Public Sector Standards Commissioner may delegate, in writing, those powers to another\nperson or position within the ACTPS, subject to directions, except for this power of delegation.","sortOrder":292},{"sectionNumber":"A7.2.2","sectionType":"clause","heading":"This does not limit the power of the Public Sector Standards Commissioner to authorise a person","content":"This does not limit the power of the Public Sector Standards Commissioner to authorise a person\nto act for and on behalf of the Public Sector Standards Commissioner.","sortOrder":293},{"sectionNumber":"A7.3","sectionType":"clause","heading":"Where the Public Sector Standards Commissioner is conducting investigations by reference to","content":"Where the Public Sector Standards Commissioner is conducting investigations by reference to\nsection 144(1)(a)(i) of the PSM Act about a matter declared by the Chief Minister in the way\nprescribed, the Public Sector Standards Commissioner is not limited to or bound by the\ninvestigation procedures contained in clause G7 - and clause G8 - of this Agreement.\nCanberra Institute\nof Technology\nf_p_n_22_\n© Canberra Institute of Technology Page 20 of 195 Date updated: 18/01/2024","sortOrder":294},{"sectionNumber":"A8.1","sectionType":"clause","heading":"The chief executive and an individual employee may agree to vary the application of certain","content":"The chief executive and an individual employee may agree to vary the application of certain\nprovisions of this Agreement to meet the particular needs of CIT and of the individual employee\n(an individual flexibility arrangement).","sortOrder":295},{"sectionNumber":"A8.2","sectionType":"clause","heading":"The chief executive and an individual employee may agree to vary, through an individual flexibility","content":"The chief executive and an individual employee may agree to vary, through an individual flexibility\narrangement, any of the following provisions of this Agreement:","sortOrder":296},{"sectionNumber":"A8.2.1","sectionType":"clause","heading":"Vacation childcare subsidy (clause B26 -)","content":"Vacation childcare subsidy (clause B26 -)","sortOrder":297},{"sectionNumber":"A8.3","sectionType":"clause","heading":"The chief executive must ensure that the terms of an individual flexibility arrangement meet all of","content":"The chief executive must ensure that the terms of an individual flexibility arrangement meet all of\nthe following:","sortOrder":298},{"sectionNumber":"A8.3.1","sectionType":"clause","heading":"They would be permitted if the arrangement were an enterprise agreement.","content":"They would be permitted if the arrangement were an enterprise agreement.","sortOrder":299},{"sectionNumber":"A8.3.2","sectionType":"clause","heading":"They do not include a term that would be an unlawful term if the arrangement were","content":"They do not include a term that would be an unlawful term if the arrangement were\nan enterprise agreement.","sortOrder":300},{"sectionNumber":"A8.3.3","sectionType":"clause","heading":"They will result in the employee being better off overall than the employee would","content":"They will result in the employee being better off overall than the employee would\nhave been if no individual flexibility arrangement were agreed to.","sortOrder":301},{"sectionNumber":"A8.4","sectionType":"clause","heading":"The chief executive must ensure that the individual flexibility arrangement meets all of the","content":"The chief executive must ensure that the individual flexibility arrangement meets all of the\nfollowing:","sortOrder":302},{"sectionNumber":"A8.4.1","sectionType":"clause","heading":"It identifies the clause in A8.2 of this Agreement that the chief executive and the","content":"It identifies the clause in A8.2 of this Agreement that the chief executive and the\nemployee have agreed to vary.","sortOrder":303},{"sectionNumber":"A8.4.2","sectionType":"clause","heading":"It sets out details of how the arrangement will vary the effect of the clause.","content":"It sets out details of how the arrangement will vary the effect of the clause.","sortOrder":304},{"sectionNumber":"A8.4.3","sectionType":"clause","heading":"It includes details of how the employee will be better off overall in relation to the","content":"It includes details of how the employee will be better off overall in relation to the\nterms and conditions of his or her employment as a result of the arrangement.","sortOrder":305},{"sectionNumber":"A8.4.4","sectionType":"clause","heading":"It states the day the arrangement commences.","content":"It states the day the arrangement commences.","sortOrder":306},{"sectionNumber":"A8.5","sectionType":"clause","heading":"An individual flexibility arrangement made under this clause must be genuinely agreed to by the","content":"An individual flexibility arrangement made under this clause must be genuinely agreed to by the\nchief executive and the individual employee.","sortOrder":307},{"sectionNumber":"A8.6","sectionType":"clause","heading":"Except as provided in paragraph A8.7.2, an individual flexibility arrangement made under this","content":"Except as provided in paragraph A8.7.2, an individual flexibility arrangement made under this\nclause must not include a provision that requires the individual flexibility arrangement to be\napproved, or consented to, by another person.","sortOrder":308},{"sectionNumber":"A8.7","sectionType":"clause","heading":"The chief executive must ensure that an individual flexibility arrangement made under this clause","content":"The chief executive must ensure that an individual flexibility arrangement made under this clause\nis made in writing and signed by the following:","sortOrder":309},{"sectionNumber":"A8.7.1","sectionType":"clause","heading":"In all cases – by the employee and the chief executive.","content":"In all cases – by the employee and the chief executive.","sortOrder":310},{"sectionNumber":"A8.7.2","sectionType":"clause","heading":"If the employee is under 18 – by a parent or guardian of the employee.","content":"If the employee is under 18 – by a parent or guardian of the employee.","sortOrder":311},{"sectionNumber":"A8.8","sectionType":"clause","heading":"The chief executive must give the employee a copy of an individual flexibility arrangement made","content":"The chief executive must give the employee a copy of an individual flexibility arrangement made\nunder this clause within 14 days after it is agreed to.","sortOrder":312},{"sectionNumber":"A8.9","sectionType":"clause","heading":"The chief executive or the employee may terminate the individual flexibility arrangement by doing","content":"The chief executive or the employee may terminate the individual flexibility arrangement by doing\neither of the following:","sortOrder":313},{"sectionNumber":"A8.9.1","sectionType":"clause","heading":"Giving written notice of no more than 28 days to the other party to the arrangement.","content":"Giving written notice of no more than 28 days to the other party to the arrangement.","sortOrder":314},{"sectionNumber":"A8.9.2","sectionType":"clause","heading":"Both parties agree in writing – at any time.","content":"Both parties agree in writing – at any time.\nCanberra Institute\nof Technology\nf_p_n_23_\n© Canberra Institute of Technology Page 21 of 195 Date updated: 18/01/2024","sortOrder":315},{"sectionNumber":"A8.10","sectionType":"clause","heading":"The right to make an individual flexibility arrangement under this clause is in addition to, and is","content":"The right to make an individual flexibility arrangement under this clause is in addition to, and is\nnot intended to otherwise affect, the right of the chief executive and an individual employee to\nmake an agreement under any other provision of this Agreement.","sortOrder":316},{"sectionNumber":"A8.11","sectionType":"clause","heading":"Notwithstanding clause A8.2, employees who elect to participate in pilot programs developed","content":"Notwithstanding clause A8.2, employees who elect to participate in pilot programs developed\nunder clause M46 may also agree to have the following provisions varied through an individual\nflexibility arrangement:","sortOrder":317},{"sectionNumber":"A8.11.1","sectionType":"clause","heading":"Sessional Employment Arrangements (Clause M13 -)","content":"Sessional Employment Arrangements (Clause M13 -)","sortOrder":318},{"sectionNumber":"A8.11.4","sectionType":"clause","heading":"Direct Teaching Activities and Coordination (Clause M20 -)","content":"Direct Teaching Activities and Coordination (Clause M20 -)","sortOrder":319},{"sectionNumber":"A8.11.6","sectionType":"clause","heading":"Managing Educator Time and Workload (Clause M21 -)","content":"Managing Educator Time and Workload (Clause M21 -)","sortOrder":320},{"sectionNumber":"A8.11.9","sectionType":"clause","heading":"Reduction in Teaching Load for Learning and Development (Clause M28 -)","content":"Reduction in Teaching Load for Learning and Development (Clause M28 -)","sortOrder":321},{"sectionNumber":"A8.11.11","sectionType":"clause","heading":"Recognition of Teaching Hours while on Leave (Clause M44 -)","content":"Recognition of Teaching Hours while on Leave (Clause M44 -)","sortOrder":322},{"sectionNumber":"A9.1","sectionType":"clause","heading":"An employee agrees to carry out all lawful and reasonable directions of the chief executive","content":"An employee agrees to carry out all lawful and reasonable directions of the chief executive\naccording to the requirements of the work and the employee’s skill, experience and competence,\nin accordance with this Agreement, and without deskilling the employee.","sortOrder":323},{"sectionNumber":"A9.2","sectionType":"clause","heading":"An employee will not, unless this is done in the course of the employee’s duties or as required by","content":"An employee will not, unless this is done in the course of the employee’s duties or as required by\nlaw or by CIT, use or disclose to any person any confidential information about CIT’s business that\nbecomes known to the employee during the employee’s employment.","sortOrder":324},{"sectionNumber":"A9.3","sectionType":"clause","heading":"CIT will not reveal to any person any medical, financial or personal details of the employee that CIT","content":"CIT will not reveal to any person any medical, financial or personal details of the employee that CIT\nmay have obtained, except with the permission of the employee or where CIT is under a legal\nobligation to do so.","sortOrder":325},{"sectionNumber":"A9.4","sectionType":"clause","heading":"Subject to subclauses A9.5 to A9.8 and limited to new employees of the ACTPS whose employment","content":"Subject to subclauses A9.5 to A9.8 and limited to new employees of the ACTPS whose employment\nwith the ACTPS commences on or after the commencement of this Agreement (new employee),\nthe ACTPS will provide details of the new employee’s employment to the relevant union(s)\n(irrespective of whether the employee has elected to become a member of the union).","sortOrder":326},{"sectionNumber":"A9.5","sectionType":"clause","heading":"The details of the new employee’s employment which the ACTPS may provide to a relevant union","content":"The details of the new employee’s employment which the ACTPS may provide to a relevant union\nis limited to the new employee’s first name and surname, the ACT Government contact\ninformation for the new employee (email address and contact phone number), and the position\nand directorate in which the new employee is engaged. The ACTPS will not provide the\ninformation to the union(s) until at least 21 days after the new employee has commenced\nemployment.","sortOrder":327},{"sectionNumber":"A9.6","sectionType":"clause","heading":"Subclause A9.4 does not apply if the chief executive has received written notification from the new","content":"Subclause A9.4 does not apply if the chief executive has received written notification from the new\nemployee, either prior to their commencement of employment, or within 14 days after their\ncommencement, that the employee does not consent to the information specified in subclause","sortOrder":328},{"sectionNumber":"A9.5.2","sectionType":"clause","heading":"being shared with the relevant union(s).","content":"being shared with the relevant union(s).\nCanberra Institute\nof Technology\nf_p_n_24_\n© Canberra Institute of Technology Page 22 of 195 Date updated: 18/01/2024","sortOrder":329},{"sectionNumber":"A9.7","sectionType":"clause","heading":"Each of the unions referred to in subclause A3.2 who wish to receive the information referred to in","content":"Each of the unions referred to in subclause A3.2 who wish to receive the information referred to in\nsubclause A9.5 must advise the ACTPS of the classifications covered by this Agreement which, in\naccordance with its rules, the union is entitled to represent. Upon receipt of that advice from the\nunions, the ACTPS will compile a schedule and provide it to the unions (Union Representation\nSchedule).","sortOrder":330},{"sectionNumber":"A9.8","sectionType":"clause","heading":"The ACTPS will only provide new employee information to the relevant union(s) under subclause","content":"The ACTPS will only provide new employee information to the relevant union(s) under subclause","sortOrder":331},{"sectionNumber":"A9.4.2","sectionType":"clause","heading":"in accordance with the Union Representation Schedule and will do so on a monthly basis.","content":"in accordance with the Union Representation Schedule and will do so on a monthly basis.","sortOrder":332},{"sectionNumber":"A10.1","sectionType":"clause","heading":"CIT and the union(s) covered by this Agreement agree that the maintenance of, and adherence to,","content":"CIT and the union(s) covered by this Agreement agree that the maintenance of, and adherence to,\nagreed terms and conditions of employment is a key component of good workplace relations and a\ndispute free workplace. They therefore agree that they will not exercise their right to terminate\nthis Agreement under the FW Act.\nCanberra Institute\nof Technology\nf_p_n_25_\n© Canberra Institute of Technology Page 23 of 195 Date updated: 18/01/2024","sortOrder":333},{"sectionNumber":"SECTION B.2","sectionType":"part","heading":"SECTION B - Working in the ACT Public Sector","content":"SECTION B - Working in the ACT Public Sector","sortOrder":334},{"sectionNumber":"B1.2","sectionType":"clause","heading":"- Achieving a Better Work and Life Balance","content":"- Achieving a Better Work and Life Balance","sortOrder":335},{"sectionNumber":"B1.1","sectionType":"clause","heading":"CIT is committed to a healthy work-life balance, supporting employees to reconcile work with their","content":"CIT is committed to a healthy work-life balance, supporting employees to reconcile work with their\nfamily and other personal commitments.","sortOrder":336},{"sectionNumber":"B1.2.2","sectionType":"clause","heading":"The ACTPS will promote a healthy work-life balance through facilitating flexible working","content":"The ACTPS will promote a healthy work-life balance through facilitating flexible working\narrangements, including hybrid work, in accordance with the provisions in this section.","sortOrder":337},{"sectionNumber":"B1.3","sectionType":"clause","heading":"Hybrid work is a flexible working arrangement whereby employees have the option to work in","content":"Hybrid work is a flexible working arrangement whereby employees have the option to work in\nvarious locations as agreed with the chief executive. This arrangement will differ across the ACTPS\nand for individual employees and will recognise the operational and business requirements of CIT.","sortOrder":338},{"sectionNumber":"B2.2","sectionType":"clause","heading":"- Types of Employment*","content":"- Types of Employment*\nThis clause should be read in conjunction with clause M13 -.","sortOrder":339},{"sectionNumber":"B2.1","sectionType":"clause","heading":"A person will be engaged under the PSM Act in one of the following categories:","content":"A person will be engaged under the PSM Act in one of the following categories:","sortOrder":340},{"sectionNumber":"B2.1.1","sectionType":"clause","heading":"Permanent employment as an officer on a full-time or permanent part-time basis,","content":"Permanent employment as an officer on a full-time or permanent part-time basis,\nincluding appointment with or without probation.","sortOrder":341},{"sectionNumber":"B2.1.2","sectionType":"clause","heading":"Short-term temporary employment for a period not exceeding 12 months on a full-","content":"Short-term temporary employment for a period not exceeding 12 months on a full-\ntime or part-time basis, engaged for a specified period of time or for a specified task\nor as an apprentice, trainee; or cadet.","sortOrder":342},{"sectionNumber":"B2.1.3","sectionType":"clause","heading":"Long-term temporary employment for a period greater than 12 months but not","content":"Long-term temporary employment for a period greater than 12 months but not\nexceeding 5 years on a full-time or part-time basis, engaged for a specified period of\ntime or for a specified task or as an apprentice, seasonal employee, trainee, or cadet.","sortOrder":343},{"sectionNumber":"B2.1.5","sectionType":"clause","heading":"Sessional employment, as contained in clause M13.","content":"Sessional employment, as contained in clause M13.","sortOrder":344},{"sectionNumber":"B2.2.2","sectionType":"clause","heading":"Persons engaged on a part-time basis will receive, on a proportionate basis, equivalent pay and","content":"Persons engaged on a part-time basis will receive, on a proportionate basis, equivalent pay and\nconditions to those of full-time employees unless specifically stated elsewhere in this Agreement.","sortOrder":345},{"sectionNumber":"B3.2","sectionType":"clause","heading":"- Fixed Term Employment for Seasonal Employees*","content":"- Fixed Term Employment for Seasonal Employees*\nThis clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.","sortOrder":346},{"sectionNumber":"B4.2","sectionType":"clause","heading":"- Joint Selection Committees*","content":"- Joint Selection Committees*\nDetails on joint selection committees for employees covered by this Agreement are contained in clause M14 -.","sortOrder":347},{"sectionNumber":"B5.2","sectionType":"clause","heading":"- Probation*","content":"- Probation*\nThis clause shuld be read in conjunction with clause M15 -.","sortOrder":348},{"sectionNumber":"B5.1","sectionType":"clause","heading":"Where an officer is appointed on probation under the PSM Act, the period of probation will","content":"Where an officer is appointed on probation under the PSM Act, the period of probation will\nordinarily be no more than 6 months.","sortOrder":349},{"sectionNumber":"B5.1.1","sectionType":"clause","heading":"The probation period can only be longer than 6 months if it is in accordance with","content":"The probation period can only be longer than 6 months if it is in accordance with\napproved Training Scheme employment arrangements (for example at C6 -) or where\nthe period of probation has been extended following an assessment of performance.","sortOrder":350},{"sectionNumber":"B5.2.2","sectionType":"clause","heading":"The chief executive must, at the time an officer is appointed on probation, inform the officer in","content":"The chief executive must, at the time an officer is appointed on probation, inform the officer in\nwriting of the period of probation and the criteria and objectives to be met for the appointment\nto be confirmed.\nCanberra Institute\nof Technology\nf_p_n_26_\n© Canberra Institute of Technology Page 24 of 195 Date updated: 18/01/2024","sortOrder":351},{"sectionNumber":"B5.3","sectionType":"clause","heading":"Probation provides a supportive process for the officer during which mutual evaluation and","content":"Probation provides a supportive process for the officer during which mutual evaluation and\ndecisions about permanent appointment can be made.","sortOrder":352},{"sectionNumber":"B5.4","sectionType":"clause","heading":"There must be at least 2 formal assessments of an officer’s performance at appropriate and","content":"There must be at least 2 formal assessments of an officer’s performance at appropriate and\nreasonable points of the probationary period. The chief executive must provide the officer with\na copy of each assessment report and provide the officer an opportunity to respond within 7\nbusiness days.","sortOrder":353},{"sectionNumber":"B5.4.1","sectionType":"clause","heading":"If the assessment warrants the manager or supervisor’s recommendation that the","content":"If the assessment warrants the manager or supervisor’s recommendation that the\nchief executive terminate the officer’s employment, that recommendation must be\nincluded in the assessment report.","sortOrder":354},{"sectionNumber":"B5.4.2","sectionType":"clause","heading":"Where an employee’s employment is to be terminated at the initiative of the chief","content":"Where an employee’s employment is to be terminated at the initiative of the chief\nexecutive, the employee must be given at least 14 days written notice in accordance\nwith section 70(5) of the PSM Act.","sortOrder":355},{"sectionNumber":"B5.5","sectionType":"clause","heading":"If the period of probation is extended in accordance with the PSM Act (s71B), the chief executive","content":"If the period of probation is extended in accordance with the PSM Act (s71B), the chief executive\nmust inform the officer in writing of the period of the extension, the reasons for the extension,\nand what the officer must do by the end of the period of extension for their permanent\nappointment to be confirmed.","sortOrder":356},{"sectionNumber":"B5.6","sectionType":"clause","heading":"A period of extension is not to be longer than 6 months unless it is for extraordinary circumstances","content":"A period of extension is not to be longer than 6 months unless it is for extraordinary circumstances\nand has been approved by the chief executive.","sortOrder":357},{"sectionNumber":"B5.7","sectionType":"clause","heading":"A decision of the chief executive to accept the recommendation to terminate the appointment of","content":"A decision of the chief executive to accept the recommendation to terminate the appointment of\nan officer on probation, as per paragraph B5.4.1, is excluded from the Internal Review Procedures\n(Section I) and Appeal Mechanism (Section J) of this Agreement.","sortOrder":358},{"sectionNumber":"B5.7.1","sectionType":"clause","heading":"To avoid doubt, an officer on probation is able to seek a review of the officer’s","content":"To avoid doubt, an officer on probation is able to seek a review of the officer’s\nprobation under the Internal Review Procedures, (Section I), except in relation to a\ndecision to terminate the officer’s employment.","sortOrder":359},{"sectionNumber":"B6.2","sectionType":"clause","heading":"- Record Keeping*","content":"- Record Keeping*\nThis clause should be read in conjunction with clause M16 -.","sortOrder":360},{"sectionNumber":"B6.1","sectionType":"clause","heading":"CIT must keep records relating to the employees’ work, including records about attendance and","content":"CIT must keep records relating to the employees’ work, including records about attendance and\npay, in accordance with the requirements of the FW Act, FW Regulations and the Territory\nRecords Act 2002.","sortOrder":361},{"sectionNumber":"B6.2.2","sectionType":"clause","heading":"The employee must record the time of commencing and ceasing duty for each day. These","content":"The employee must record the time of commencing and ceasing duty for each day. These\nrecords must be provided to the manager or supervisor where the manager or supervisor so\nrequests.","sortOrder":362},{"sectionNumber":"B7.2","sectionType":"clause","heading":"- Review of Employment Status*","content":"- Review of Employment Status*\nThis clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.","sortOrder":363},{"sectionNumber":"B8.1","sectionType":"clause","heading":"CIT is committed to promoting permanent employment and job security for employees within CIT","content":"CIT is committed to promoting permanent employment and job security for employees within CIT\nand accordingly agrees to the provisions in this clause.","sortOrder":364},{"sectionNumber":"B8.2","sectionType":"clause","heading":"The ACTPS is committed to establishing an Insourcing and Secure Employment Framework for","content":"The ACTPS is committed to establishing an Insourcing and Secure Employment Framework for\nassessing if applicable procured work should be provided by the public sector.","sortOrder":365},{"sectionNumber":"B8.3","sectionType":"clause","heading":"The ACTPS is committed to all of the following:","content":"The ACTPS is committed to all of the following:","sortOrder":366},{"sectionNumber":"B8.3.1","sectionType":"clause","heading":"Minimising the use of consultants and contractors and labour-hire across the ACTPS.","content":"Minimising the use of consultants and contractors and labour-hire across the ACTPS.\nCanberra Institute\nof Technology\nf_p_n_27_\n© Canberra Institute of Technology Page 25 of 195 Date updated: 18/01/2024","sortOrder":367},{"sectionNumber":"B8.3.2","sectionType":"clause","heading":"Minimising the use of sub-contractors and increase the use of direct employment of","content":"Minimising the use of sub-contractors and increase the use of direct employment of\nworkers across the ACTPS.","sortOrder":368},{"sectionNumber":"B8.3.3","sectionType":"clause","heading":"Supporting direct employment relationships, but where sub-contractors are","content":"Supporting direct employment relationships, but where sub-contractors are\noperating, that industrial and legal mechanisms to protect their rights, be developed\nand implemented.","sortOrder":369},{"sectionNumber":"B8.4","sectionType":"clause","heading":"As part of the introduction of the Secure Employment Framework and to assist in the promotion of","content":"As part of the introduction of the Secure Employment Framework and to assist in the promotion of\npermanent employment for employees, the ACTPS will ensure that the employees of any\nconsultants or contractors the ACTPS proposes to engage, receive pay and conditions at least\nequivalent in overall terms to ACTPS pay and conditions.","sortOrder":370},{"sectionNumber":"B8.5","sectionType":"clause","heading":"Prior to making decisions about matters covered by this clause, appropriate consultation must be","content":"Prior to making decisions about matters covered by this clause, appropriate consultation must be\nundertaken with relevant employees and unions in accordance with clause F1 - of this Agreement.","sortOrder":371},{"sectionNumber":"B9.1","sectionType":"clause","heading":"The ACTPS is committed to promoting permanent employment and job security for employees","content":"The ACTPS is committed to promoting permanent employment and job security for employees\nwithin the ACTPS.","sortOrder":372},{"sectionNumber":"B9.2","sectionType":"clause","heading":"For the purposes of giving effect to this commitment, which is further outlined in this Agreement,","content":"For the purposes of giving effect to this commitment, which is further outlined in this Agreement,\nincluding at subclauses A2.2 to A2.5, a Joint Union and ACT Government Secure Workforce\nConversion Process has been established by the ACT Government. The Secure Workforce\nConversion Process delivers important outcomes regarding secure work for temporary and casual\nemployees.","sortOrder":373},{"sectionNumber":"B9.3","sectionType":"clause","heading":"In accordance with subclauses A2.2 to A2.5, assessments will occur through the Secure Workforce","content":"In accordance with subclauses A2.2 to A2.5, assessments will occur through the Secure Workforce\nConversion Process which will facilitate recommendations to the chief executive as to whether a\nposition, or group of positions, or a temporary or casual employee, should be converted to\npermanency. Where such a recommendation has been made, the chief executive will endeavour\nto convert the position(s) or employee(s) to permanent employment. The chief executive may\nappoint the employee(s) currently in the relevant positions without a further merit selection\nprocess, if the chief executive is satisfied that the relevant employee(s) meets the requirements of\nthe proposed position and the criteria of the secure work conversion process.","sortOrder":374},{"sectionNumber":"B9.4","sectionType":"clause","heading":"Where the Secure Workforce Conversion Process has made a recommendation to the chief","content":"Where the Secure Workforce Conversion Process has made a recommendation to the chief\nexecutive that a position or group of positions, or an employee with temporary or casual\nemployment should be converted to permanency and the chief executive decides not to appoint\nthe relevant employee(s) in accordance with subclause B9.3, the chief executive must provide\nwritten reasons for their decision.","sortOrder":375},{"sectionNumber":"B10.1","sectionType":"clause","heading":"Where an employee’s employment is to be terminated at the initiative of the chief executive,","content":"Where an employee’s employment is to be terminated at the initiative of the chief executive,\nother than in accordance with subclause G5.8 or Section L, the notice periods set out in the Fair\nWork Act will apply.","sortOrder":376},{"sectionNumber":"B10.2","sectionType":"clause","heading":"Where an employee’s employment ceases at the initiative of the employee, the employee must","content":"Where an employee’s employment ceases at the initiative of the employee, the employee must\nprovide written notice of their resignation from CIT to the chief executive at least 2 weeks prior\nto the proposed date of the resignation.","sortOrder":377},{"sectionNumber":"B10.3","sectionType":"clause","heading":"The period of notice required in subclause B10.2 may be reduced by agreement in writing between","content":"The period of notice required in subclause B10.2 may be reduced by agreement in writing between\nthe employee and the chief executive.\nCanberra Institute\nof Technology\nf_p_n_28_\n© Canberra Institute of Technology Page 26 of 195 Date updated: 18/01/2024","sortOrder":378},{"sectionNumber":"B11.2","sectionType":"clause","heading":"- Flexible Working Arrangements and Employee Support*","content":"- Flexible Working Arrangements and Employee Support*","sortOrder":379},{"sectionNumber":"B11.1","sectionType":"clause","heading":"CIT is committed to providing flexible working arrangements which allow employees to manage","content":"CIT is committed to providing flexible working arrangements which allow employees to manage\ntheir work and personal commitments. This must be balanced against the operational\nrequirements for CIT to deliver services to the Canberra community.","sortOrder":380},{"sectionNumber":"B11.2.2","sectionType":"clause","heading":"CIT recognises the need to provide sufficient support and flexibility at the workplace to assist","content":"CIT recognises the need to provide sufficient support and flexibility at the workplace to assist\nemployees in achieving work and life balance and to meet their caring responsibilities. While\nfamily friendly initiatives are important aspects of work and life balance, it is also important that\nall employees, at all stages in their working lives, are supported through this Agreement.","sortOrder":381},{"sectionNumber":"B11.3","sectionType":"clause","heading":"This Agreement provides a range of flexible working arrangement provisions which include:","content":"This Agreement provides a range of flexible working arrangement provisions which include:","sortOrder":382},{"sectionNumber":"B11.3.1","sectionType":"clause","heading":"(a) a default of standard hours (as defined in the Dictionary)","content":"(a) a default of standard hours (as defined in the Dictionary)","sortOrder":383},{"sectionNumber":"B11.3.1.2","sectionType":"clause","heading":"(b) the employee’s work pattern of attendance","content":"(b) the employee’s work pattern of attendance","sortOrder":384},{"sectionNumber":"B11.3.4","sectionType":"clause","heading":"Flextime provisions (B18 -) for eligible employees.","content":"Flextime provisions (B18 -) for eligible employees.","sortOrder":385},{"sectionNumber":"B12.2","sectionType":"clause","heading":"- Management of Working Hours*","content":"- Management of Working Hours*\nThis clause should be read in conjunction with clause M21 -.","sortOrder":386},{"sectionNumber":"B12.1","sectionType":"clause","heading":"CIT recognises the importance of employees balancing work and personal life. The appropriate","content":"CIT recognises the importance of employees balancing work and personal life. The appropriate\nbalance is a critical element in developing and maintaining healthy and productive workplaces.\nWhile it is acknowledged that peak workload periods may necessitate some extra hours being\nworked by some employees, this should be regarded as the exception rather than the rule. This\nsubclause should be read in conjunction with subclause B18.4 and clause E24 -.","sortOrder":387},{"sectionNumber":"B12.2.2","sectionType":"clause","heading":"Managers, supervisors and employees have a responsibility to minimise the extent to which","content":"Managers, supervisors and employees have a responsibility to minimise the extent to which\nexcessive hours are worked. In the circumstances where work pressures result in the employee\nbeing required to work, or is likely to work, excessive hours over a significant period, the\nmanager, supervisor and employee together must review workloads and priorities and\ndetermine appropriate strategies to address the situation.","sortOrder":388},{"sectionNumber":"B12.3","sectionType":"clause","heading":"Complying with clause B12.2 requires the manager or supervisor to consider and implement one","content":"Complying with clause B12.2 requires the manager or supervisor to consider and implement one\nor more of the following strategies to reduce the amount of excessive hours being accumulated:","sortOrder":389},{"sectionNumber":"B12.3.3","sectionType":"clause","heading":"Consideration of appropriate arrangements for time off in lieu or other recompense.","content":"Consideration of appropriate arrangements for time off in lieu or other recompense.","sortOrder":390},{"sectionNumber":"B12.3.4","sectionType":"clause","heading":"Review of staffing levels and classifications within the work group.","content":"Review of staffing levels and classifications within the work group.","sortOrder":391},{"sectionNumber":"B12.4","sectionType":"clause","heading":"The chief executive must consult with the CITCC about the development and implementation of","content":"The chief executive must consult with the CITCC about the development and implementation of\nappropriate strategies to deal with issues associated with both paid and unpaid overtime.","sortOrder":392},{"sectionNumber":"B13.1","sectionType":"clause","heading":"To assist employees to meet their personal responsibilities, where possible, all meetings in CIT are","content":"To assist employees to meet their personal responsibilities, where possible, all meetings in CIT are\nto be scheduled at times that take into account those responsibilities.\nCanberra Institute\nof Technology\nf_p_n_29_\n© Canberra Institute of Technology Page 27 of 195 Date updated: 18/01/2024","sortOrder":393},{"sectionNumber":"B14.2","sectionType":"clause","heading":"- Casual Employment Arrangements*","content":"- Casual Employment Arrangements*\nDetails on casual employment arrangements for employees covered by this Agreement are contained in\nclause M17 -.","sortOrder":394},{"sectionNumber":"B15.2","sectionType":"clause","heading":"- Hours of Work for Shift Workers*","content":"- Hours of Work for Shift Workers*\nThis clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.","sortOrder":395},{"sectionNumber":"B16.2","sectionType":"clause","heading":"- Accrued Days Off (ADOs)*","content":"- Accrued Days Off (ADOs)*\nThis clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.","sortOrder":396},{"sectionNumber":"B17.2","sectionType":"clause","heading":"- Hours of Work for Non-Shift Workers*","content":"- Hours of Work for Non-Shift Workers*\nThis clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.","sortOrder":397},{"sectionNumber":"B18.2","sectionType":"clause","heading":"- Flextime*","content":"- Flextime*\nThis clause should be read in conjunction with clause M24 -.","sortOrder":398},{"sectionNumber":"B18.1","sectionType":"clause","heading":"Flextime provides the framework for an employee’s pattern of attendance at work to be varied","content":"Flextime provides the framework for an employee’s pattern of attendance at work to be varied\naccording to the needs of the employee and the requirements of the work unit. It is not a\nsystem that is designed to increase or reduce the total number of hours that must be worked.\nFlextime is a system that operates on an honesty and trust basis, where an employee and\nmanager must ensure the employee’s hours of work are accurately recorded on a timesheet.","sortOrder":399},{"sectionNumber":"B18.2.2","sectionType":"clause","heading":"Flextime arrangements must be in accordance with operational service requirements and work","content":"Flextime arrangements must be in accordance with operational service requirements and work\nhealth and safety principles.","sortOrder":400},{"sectionNumber":"B18.3","sectionType":"clause","heading":"Flextime is not available to any of the following:","content":"Flextime is not available to any of the following:","sortOrder":401},{"sectionNumber":"B18.3.2","sectionType":"clause","heading":"Shift workers whose hours of work are provided for in clause B15 -.","content":"Shift workers whose hours of work are provided for in clause B15 -.","sortOrder":402},{"sectionNumber":"B18.3.3","sectionType":"clause","heading":"Employees who are entitled to accrued days off in accordance with subclause B16 -.","content":"Employees who are entitled to accrued days off in accordance with subclause B16 -.","sortOrder":403},{"sectionNumber":"B18.3.4","sectionType":"clause","heading":"Employees who are entitled to recovery leave in accordance with clause E24 -.","content":"Employees who are entitled to recovery leave in accordance with clause E24 -.","sortOrder":404},{"sectionNumber":"B18.4","sectionType":"clause","heading":"For flextime arrangements to work effectively, managers and employees have a responsibility to","content":"For flextime arrangements to work effectively, managers and employees have a responsibility to\nmanage hours of work to ensure that individuals are not building up excessive flex credits while\neither of the following apply:","sortOrder":405},{"sectionNumber":"B18.4.1","sectionType":"clause","heading":"The employee does not have the opportunity to access flextime accrued.","content":"The employee does not have the opportunity to access flextime accrued.","sortOrder":406},{"sectionNumber":"B18.4.2","sectionType":"clause","heading":"The employee is not being productively employed i.e. the chief executive may","content":"The employee is not being productively employed i.e. the chief executive may\nrequire an employee not to accumulate flex credits before or after their operational\nservice hours where there is insufficient work or an employee cannot be sufficiently\nmanaged.","sortOrder":407},{"sectionNumber":"B18.5","sectionType":"clause","heading":"A settlement period comprises 2 pay periods (i.e. 4 weeks).","content":"A settlement period comprises 2 pay periods (i.e. 4 weeks).","sortOrder":408},{"sectionNumber":"B18.6","sectionType":"clause","heading":"An employee may have a maximum flextime credit equal to the employee’s normal weekly hours","content":"An employee may have a maximum flextime credit equal to the employee’s normal weekly hours\nof duty, at the end of the settlement period. This may be varied by agreement between the chief\nexecutive and the employee in exceptional circumstances.","sortOrder":409},{"sectionNumber":"B18.7","sectionType":"clause","heading":"Where an employee has a flextime credit in excess of the employee’s normal weekly hours of duty","content":"Where an employee has a flextime credit in excess of the employee’s normal weekly hours of duty\nfor more than one settlement period, the employee and manager must agree and implement a\nflextime usage plan. This plan must ensure the flextime credit will not exceed the maximum\nflextime credit and will facilitate time off in the next settlement period, unless otherwise approved\nby the chief executive where there are exceptional circumstances.\nCanberra Institute\nof Technology\nf_p_n_30_\n© Canberra Institute of Technology Page 28 of 195 Date updated: 18/01/2024","sortOrder":410},{"sectionNumber":"B18.8","sectionType":"clause","heading":"If an employee does not agree to a reasonable flextime usage plan, the chief executive may direct","content":"If an employee does not agree to a reasonable flextime usage plan, the chief executive may direct\nan employee to take enough flextime to reduce the accrued flextime credits to the equivalent of\nthe employee’s maximum flextime credit.","sortOrder":411},{"sectionNumber":"B18.9","sectionType":"clause","heading":"Flextime credits of up to an employee’s normal weekly hours will be paid out to an employee on","content":"Flextime credits of up to an employee’s normal weekly hours will be paid out to an employee on\nthe cessation of their employment. Flextime credits of up to an employee’s ordinary weekly hours\nwill be paid out at any time during the course of a person’s employment and only in exceptional\ncircumstances with chief executive approval.","sortOrder":412},{"sectionNumber":"B18.10","sectionType":"clause","heading":"The maximum flextime debit that may accrue is 10 hours measured at the end of any settlement","content":"The maximum flextime debit that may accrue is 10 hours measured at the end of any settlement\nperiod. Part-time employees may accrue a flex debit on a pro rata basis. At the end of a settlement\nperiod, any debit in excess of the maximum debit may be considered to be leave without pay, and\nthe manager and employee must agree and implement a plan to do both of the following:","sortOrder":413},{"sectionNumber":"B18.11","sectionType":"clause","heading":"If an employee does not agree to a reasonable plan and reduce their flextime debit in accordance","content":"If an employee does not agree to a reasonable plan and reduce their flextime debit in accordance\nwith B18.10, the chief executive may commence overpayment processes in accordance with\nclause D5 -. The maximum flextime debit may be varied in exceptional circumstances by\nagreement between the chief executive and the employee.","sortOrder":414},{"sectionNumber":"B18.12","sectionType":"clause","heading":"Any flextime debits an employee has if the employee ceases employment with CIT will be","content":"Any flextime debits an employee has if the employee ceases employment with CIT will be\ntreated as a debt in accordance with clause D5 -. The employee may nominate to use any\navailable annual leave credits to cover the debt, or the debt will be recovered from any\ntermination payment owing to the employee, except in the case of death.","sortOrder":415},{"sectionNumber":"B18.13","sectionType":"clause","heading":"Accrued flextime credits will be taken at such times and in such a period or periods as are","content":"Accrued flextime credits will be taken at such times and in such a period or periods as are\nagreed between the employee and the chief executive and approved prior to taking accrued\nflextime. It is the responsibility of both the employee and the chief executive to take steps to\nensure that accrued flextime credits can be taken as time off, in accordance with this clause.\nApproval of a request by the employee to utilise flextime credits will not unreasonably be\nwithheld.","sortOrder":416},{"sectionNumber":"B18.14","sectionType":"clause","heading":"An employee not complying with these flextime provisions may be directed by the chief","content":"An employee not complying with these flextime provisions may be directed by the chief\nexecutive to work operational service hours. This arrangement must be reviewed no less than\nevery 90 calendar days to assess if a return to flextime arrangement is suitable.","sortOrder":417},{"sectionNumber":"B19.1","sectionType":"clause","heading":"CIT offers a wide range of options to provide or facilitate flexible employment which are","content":"CIT offers a wide range of options to provide or facilitate flexible employment which are\nsummarised in the table below. The specific provisions set out the terms and conditions of each\noption.\nClause Arrangement Eligibility","sortOrder":418},{"sectionNumber":"SECTION E.2","sectionType":"part","heading":"SECTION E - and Annexure D","content":"SECTION E - and Annexure D\nleave entitlements\nLeave Varies. Please refer to the\nrelevant leave type for more\ndetails.","sortOrder":419},{"sectionNumber":"B15.3","sectionType":"clause","heading":"- and B17 - Hours of work All employees other than casual","content":"- and B17 - Hours of work All employees other than casual\nemployees","sortOrder":420},{"sectionNumber":"B21.2","sectionType":"clause","heading":"- Regular Part-Time Employment Full-time employees and","content":"- Regular Part-Time Employment Full-time employees and\nexisting part-time employees\nCanberra Institute\nof Technology\nf_p_n_31_\n© Canberra Institute of Technology Page 29 of 195 Date updated: 18/01/2024","sortOrder":421},{"sectionNumber":"B22.2","sectionType":"clause","heading":"- Job Sharing All employees other than casual","content":"- Job Sharing All employees other than casual\nemployees","sortOrder":422},{"sectionNumber":"B23.2","sectionType":"clause","heading":"- Part-Time Employment Following","content":"- Part-Time Employment Following\nBirth Leave, Primary Caregiver\nLeave, Adoption, Permanent or\nLong Term Care Leave or Parental\nLeave\nFull-time employees and\nexisting part-time employees\nwho return to work after\naccessing birth leave, primary\ncaregiver leave, adoption,\npermanent or long term care\nleave or parental leave","sortOrder":423},{"sectionNumber":"B26.2","sectionType":"clause","heading":"- Vacation Childcare Subsidy All employees other than a","content":"- Vacation Childcare Subsidy All employees other than a\ncasual employee or a temporary\nemployee who has been\nengaged by CIT for a period of\nless than 12 months","sortOrder":424},{"sectionNumber":"B29.2","sectionType":"clause","heading":"- Transfer of Medically Unfit Staff All employees other than casual","content":"- Transfer of Medically Unfit Staff All employees other than casual\nemployees","sortOrder":425},{"sectionNumber":"B30.2","sectionType":"clause","heading":"- Transfer to a Safe Job during","content":"- Transfer to a Safe Job during\nPregnancy\nAll employees","sortOrder":426},{"sectionNumber":"B20.2","sectionType":"clause","heading":"- Making a Request for a Flexible Working Arrangement","content":"- Making a Request for a Flexible Working Arrangement","sortOrder":427},{"sectionNumber":"B20.1","sectionType":"clause","heading":"An employee may apply to the chief executive for a flexible working arrangement to support their","content":"An employee may apply to the chief executive for a flexible working arrangement to support their\nwork and life balance. The chief executive must give the employee a written response to the\nrequest within 21 calendar days of receiving the request, stating whether the request is approved\nand the reasons if the request is refused.","sortOrder":428},{"sectionNumber":"B20.2.2","sectionType":"clause","heading":"An employee may request a flexible working arrangement, in accordance with the FW Act, in any","content":"An employee may request a flexible working arrangement, in accordance with the FW Act, in any\nof the following circumstances relating to the employee:","sortOrder":429},{"sectionNumber":"B20.2.1","sectionType":"clause","heading":"They seek working arrangements to suit their personal circumstances.","content":"They seek working arrangements to suit their personal circumstances.","sortOrder":430},{"sectionNumber":"B20.2.2.2","sectionType":"clause","heading":"The employee has a parental or other caring responsibility for a child of school age or","content":"The employee has a parental or other caring responsibility for a child of school age or\nyounger.","sortOrder":431},{"sectionNumber":"B20.2.3","sectionType":"clause","heading":"They have a caring responsibility for an individual with a disability, a terminal or","content":"They have a caring responsibility for an individual with a disability, a terminal or\nchronic medical condition, mental illness or is frail and aged.","sortOrder":432},{"sectionNumber":"B20.2.5","sectionType":"clause","heading":"They are 55 or older.","content":"They are 55 or older.\nCanberra Institute\nof Technology\n... -\nf_p_n_32_\n© Canberra Institute of Technology Page 30 of 195 Date updated: 18/01/2024","sortOrder":433},{"sectionNumber":"B20.2.6","sectionType":"clause","heading":"They are experiencing family or domestic violence.","content":"They are experiencing family or domestic violence.","sortOrder":434},{"sectionNumber":"B20.2.7","sectionType":"clause","heading":"They are providing personal care, support and assistance to a member of their","content":"They are providing personal care, support and assistance to a member of their\nimmediate family or household because they are experiencing family or domestic\nviolence.","sortOrder":435},{"sectionNumber":"B20.3","sectionType":"clause","heading":"Nothing in this clause diminishes any provisions expressed elsewhere in this Agreement, where","content":"Nothing in this clause diminishes any provisions expressed elsewhere in this Agreement, where\nthose entitlements are entitlements in their own right.","sortOrder":436},{"sectionNumber":"B20.4","sectionType":"clause","heading":"To assist employees in balancing work and personal commitments, flexible working and leave","content":"To assist employees in balancing work and personal commitments, flexible working and leave\narrangements are provided throughout this Agreement. Examples of these flexible working and\nleave arrangements include, but are not limited to the following:\nClause Arrangement Summary of entitlement","sortOrder":437},{"sectionNumber":"B17.3","sectionType":"clause","heading":"- Flexible starting and","content":"- Flexible starting and\nfinishing time\nAn employee may request to work their ordinary hours\nflexibly within a daily span of hours between 7am-7pm.","sortOrder":438},{"sectionNumber":"B18.15","sectionType":"clause","heading":"- Ability to take a few","content":"- Ability to take a few\nhours off work, and\nmake it up later\nAn employee’s pattern of attendance at work may be\nvaried according to the needs of the employee and the\nrequirements of the work unit.","sortOrder":439},{"sectionNumber":"B24.2","sectionType":"clause","heading":"- Home-based work on","content":"- Home-based work on\na short-term or long-\nterm basis\nAn employee may request to work from home or split\nworking time between the workplace and home.","sortOrder":440},{"sectionNumber":"B21.3","sectionType":"clause","heading":"- Part-time work A proposal to vary part-time employment arrangements","content":"- Part-time work A proposal to vary part-time employment arrangements\nmay be made by the employee or chief executive.","sortOrder":441},{"sectionNumber":"B22.3","sectionType":"clause","heading":"- Job sharing Job sharing arrangements may be introduced by","content":"- Job sharing Job sharing arrangements may be introduced by\nagreement between the chief executive and the\nemployees involved.","sortOrder":442},{"sectionNumber":"E9.2","sectionType":"clause","heading":"- Purchased leave Employees may purchase leave in addition to the","content":"- Purchased leave Employees may purchase leave in addition to the\nemployee’s usual annual leave entitlement to support\ntheir work life balance.","sortOrder":443},{"sectionNumber":"E7.2","sectionType":"clause","heading":"- Annual leave Annual leave is available to employees to enable them to","content":"- Annual leave Annual leave is available to employees to enable them to\nbe absent from duty for the purposes of rest and\nrecreation.","sortOrder":444},{"sectionNumber":"E25.2","sectionType":"clause","heading":"- Long service leave Long service leave is available to employees to enable","content":"- Long service leave Long service leave is available to employees to enable\nthem to be absent from duty in recognition of their\nlength of service.","sortOrder":445},{"sectionNumber":"ANNEX D.2","sectionType":"schedule","heading":"ANNEX D - Leave not provided for","content":"ANNEX D - Leave not provided for\nelsewhere, with or\nwithout pay (Other\nLeave)\nAn employee may be eligible for additional leave types\nspecified in Annex D to enable them to be absent from\nduty for a variety of purposes.","sortOrder":446},{"sectionNumber":"B23.3","sectionType":"clause","heading":"- Part-Time","content":"- Part-Time\nemployment following\nAn employee returning to work after birth leave, primary\ncaregiver leave, adoption, permanent or long term care\nCanberra Institute\nof Technology\n•\nI\n•\nI\nI\n.\nf_p_n_33_\n© Canberra Institute of Technology Page 31 of 195 Date updated: 18/01/2024\nbirth leave, primary\ncaregiver leave,\nadoption, permanent\nor long term care\nleave or parental leave\nleave or parental leave is entitled to choose to work on a","sortOrder":447},{"sectionNumber":"PART TIME","sectionType":"part","heading":"PART TIME - basis within the first three years. Subject to","content":"PART TIME - basis within the first three years. Subject to\napproval, this may be extended to an aggregate total of\nseven (7) years.","sortOrder":448},{"sectionNumber":"B20.5","sectionType":"clause","heading":"The flexible working arrangement must be recorded in writing and run for a specified duration","content":"The flexible working arrangement must be recorded in writing and run for a specified duration\nof up to 3 years. At the end of the flexible working arrangement’s period of operation, unless a\nnew flexible working arrangement is entered into, the default is that the employee returns to\ntheir nominal working arrangements.","sortOrder":449},{"sectionNumber":"B20.6","sectionType":"clause","heading":"Where a request for a flexible working arrangement is received, the chief executive must consult","content":"Where a request for a flexible working arrangement is received, the chief executive must consult\nwith the employee and provide a written response to the request within 21 days.","sortOrder":450},{"sectionNumber":"B20.7","sectionType":"clause","heading":"The chief executive may only deny an employee’s request for a flexible working arrangement or a","content":"The chief executive may only deny an employee’s request for a flexible working arrangement or a\nvariation to an existing flexible working arrangement where there are reasonable business\ngrounds for doing so and where all the following apply:","sortOrder":451},{"sectionNumber":"B20.7.1","sectionType":"clause","heading":"The chief executive has discussed the request with the employee.","content":"The chief executive has discussed the request with the employee.","sortOrder":452},{"sectionNumber":"B20.7.2","sectionType":"clause","heading":"The chief executive has genuinely tried to reach an agreement with the employee","content":"The chief executive has genuinely tried to reach an agreement with the employee\nabout making changes to the employee’s working arrangements to accommodate the\nemployee’s particular circumstances.","sortOrder":453},{"sectionNumber":"B20.7.3","sectionType":"clause","heading":"An agreement has not been reached between the chief executive and employee.","content":"An agreement has not been reached between the chief executive and employee.","sortOrder":454},{"sectionNumber":"B20.7.4","sectionType":"clause","heading":"The chief executive has considered the consequences of the refusal for the employee.","content":"The chief executive has considered the consequences of the refusal for the employee.","sortOrder":455},{"sectionNumber":"B20.8","sectionType":"clause","heading":"Reasonable business grounds to deny a request include any of the following:","content":"Reasonable business grounds to deny a request include any of the following:","sortOrder":456},{"sectionNumber":"B20.8.1","sectionType":"clause","heading":"The new working arrangements requested by the employee would be too costly to","content":"The new working arrangements requested by the employee would be too costly to\nimplement, or would likely result in a significant loss in efficiency or productivity, or\nwould likely have a significant negative impact on service.","sortOrder":457},{"sectionNumber":"B20.8.2","sectionType":"clause","heading":"There is no capacity to change the working arrangements of other employees to","content":"There is no capacity to change the working arrangements of other employees to\naccommodate the new working arrangements requested by the employee.","sortOrder":458},{"sectionNumber":"B20.8.3","sectionType":"clause","heading":"It would be impractical to change the working arrangements of other employees or","content":"It would be impractical to change the working arrangements of other employees or\nrecruit new employees to accommodate the new working arrangements requested\nby the employee.","sortOrder":459},{"sectionNumber":"B20.8.4","sectionType":"clause","heading":"It would be a genuine risk to the health and safety of an employee(s).","content":"It would be a genuine risk to the health and safety of an employee(s).","sortOrder":460},{"sectionNumber":"B20.8.5","sectionType":"clause","heading":"Demonstrable exceptional circumstances have arisen that mean the request cannot","content":"Demonstrable exceptional circumstances have arisen that mean the request cannot\nbe approved.","sortOrder":461},{"sectionNumber":"B20.9","sectionType":"clause","heading":"The chief executive must inform the employee in writing of the decision to refuse the flexible","content":"The chief executive must inform the employee in writing of the decision to refuse the flexible\nworking arrangement and the response must include all the following:","sortOrder":462},{"sectionNumber":"B20.9.2","sectionType":"clause","heading":"The reasonable business grounds for refusing the request.","content":"The reasonable business grounds for refusing the request.","sortOrder":463},{"sectionNumber":"B20.9.3","sectionType":"clause","heading":"How the reasonable business grounds apply to the request.","content":"How the reasonable business grounds apply to the request.","sortOrder":464},{"sectionNumber":"B20.9.4","sectionType":"clause","heading":"(a) Provide alternative proposals for changes in the employee’s working","content":"(a) Provide alternative proposals for changes in the employee’s working\narrangements that would accommodate, to any extent, the employee’s\ncircumstances.\nCanberra Institute\nof Technology\nf_p_n_34_\n© Canberra Institute of Technology Page 32 of 195 Date updated: 18/01/2024","sortOrder":465},{"sectionNumber":"B20.9.4.2","sectionType":"clause","heading":"(b) State that there are no alternative changes available that would","content":"(b) State that there are no alternative changes available that would\naccommodate, to any extent, the employee’s circumstances.","sortOrder":466},{"sectionNumber":"B20.9.5","sectionType":"clause","heading":"The dispute mechanisms available under subclause F6 - and the ability to refer the","content":"The dispute mechanisms available under subclause F6 - and the ability to refer the\ndispute to the FWC for resolution.","sortOrder":467},{"sectionNumber":"B20.10","sectionType":"clause","heading":"Approved flexible working arrangements may be reviewed annually, or earlier where the","content":"Approved flexible working arrangements may be reviewed annually, or earlier where the\nemployee’s relevant circumstances have changed or where there are reasonable business grounds\nthat require a review to be undertaken. During this review the circumstances under which the\nflexible working arrangements were originally granted will be examined and reassessed.","sortOrder":468},{"sectionNumber":"B20.11","sectionType":"clause","heading":"The intent of locking in a flexible working arrangement for a period of up to 3 years is to provide","content":"The intent of locking in a flexible working arrangement for a period of up to 3 years is to provide\ncertainty to both the employee and manager concerned. A flexible working arrangement may be\nrevoked by either the employee or manager:","sortOrder":469},{"sectionNumber":"B20.11.2","sectionType":"clause","heading":"in exceptional circumstances between annual reviews.","content":"in exceptional circumstances between annual reviews.","sortOrder":470},{"sectionNumber":"B20.12","sectionType":"clause","heading":"3 months notice must be given to amend or cease the flexible working arrangement, unless a","content":"3 months notice must be given to amend or cease the flexible working arrangement, unless a\nlesser period is agreed by both parties or where there are extenuating circumstances.","sortOrder":471},{"sectionNumber":"B20.13","sectionType":"clause","heading":"Reasonable grounds to amend or revoke a flexible working arrangement may include but are not","content":"Reasonable grounds to amend or revoke a flexible working arrangement may include but are not\nlimited to the following:","sortOrder":472},{"sectionNumber":"B20.13.1","sectionType":"clause","heading":"Employee’s role has changed significantly and the current flexible arrangement is no","content":"Employee’s role has changed significantly and the current flexible arrangement is no\nlonger suitable.","sortOrder":473},{"sectionNumber":"B20.13.2","sectionType":"clause","heading":"There is the increased risk of injury or illness or where there are other work health","content":"There is the increased risk of injury or illness or where there are other work health\nand safety concerns.","sortOrder":474},{"sectionNumber":"B20.13.3","sectionType":"clause","heading":"History of underperformance as documented in an underperformance plan or","content":"History of underperformance as documented in an underperformance plan or\nbehaviour concerns.","sortOrder":475},{"sectionNumber":"B20.14","sectionType":"clause","heading":"Revoking a flexible work arrangement should not be considered untill after efforts to amend","content":"Revoking a flexible work arrangement should not be considered untill after efforts to amend\narrangements have been attempted.","sortOrder":476},{"sectionNumber":"B20.15","sectionType":"clause","heading":"Employees that have an existing flexible working arrangement at the commencement of this","content":"Employees that have an existing flexible working arrangement at the commencement of this\nAgreement must have that arrangement reviewed within 12 months of commencement of this\nAgreement.","sortOrder":477},{"sectionNumber":"B21.1","sectionType":"clause","heading":"A person may be employed in any classification as a part-time officer for an agreed number of","content":"A person may be employed in any classification as a part-time officer for an agreed number of\nregular hours that is less than the ordinary weekly hours specified at subclause M18.3.","sortOrder":478},{"sectionNumber":"B21.2.2","sectionType":"clause","heading":"Proposals to reduce hours below full-time employment may be initiated by the chief executive","content":"Proposals to reduce hours below full-time employment may be initiated by the chief executive\nfor operational reasons.","sortOrder":479},{"sectionNumber":"B21.3.2","sectionType":"clause","heading":"The chief executive must obtain the written agreement of a full-time officer before the officer","content":"The chief executive must obtain the written agreement of a full-time officer before the officer\nconverts to part-time.","sortOrder":480},{"sectionNumber":"B21.4","sectionType":"clause","heading":"No pressure is to be exerted on full-time officers to convert to part-time employment or to","content":"No pressure is to be exerted on full-time officers to convert to part-time employment or to\ntransfer to another position to make way for part-time employment.","sortOrder":481},{"sectionNumber":"B21.5","sectionType":"clause","heading":"The agreed period, pattern of hours and days and commencement and cessation times for part-","content":"The agreed period, pattern of hours and days and commencement and cessation times for part-\ntime work must be agreed between the officer and the officer’s manager or supervisor and\nrecorded in writing.\nNote: An employee who wishes to work part-time may apply for a flexible working arrangement\nin accordance with clause B20 -.\nVariation to part-time hours\nCanberra Institute\nof Technology\nf_p_n_35_\n© Canberra Institute of Technology Page 33 of 195 Date updated: 18/01/2024","sortOrder":482},{"sectionNumber":"B21.6","sectionType":"clause","heading":"Proposals to vary a part-time employment arrangement may be initiated by the chief executive","content":"Proposals to vary a part-time employment arrangement may be initiated by the chief executive\nfor operational reasons or by an officer for personal reasons.","sortOrder":483},{"sectionNumber":"B21.7","sectionType":"clause","heading":"Where an officer initiates a proposal the chief executive must have regard to the personal reasons","content":"Where an officer initiates a proposal the chief executive must have regard to the personal reasons\nput by the officer in support of the proposal and to CIT’s operational requirements.","sortOrder":484},{"sectionNumber":"B21.8","sectionType":"clause","heading":"The chief executive must obtain the written agreement of the officer before the officer’s hours are","content":"The chief executive must obtain the written agreement of the officer before the officer’s hours are\nvaried.","sortOrder":485},{"sectionNumber":"B21.9","sectionType":"clause","heading":"No pressure is to be exerted on an officer to vary the officer’s hours of employment or to transfer","content":"No pressure is to be exerted on an officer to vary the officer’s hours of employment or to transfer\nto another position to make way for part-time employment.","sortOrder":486},{"sectionNumber":"B21.10","sectionType":"clause","heading":"The agreed period, pattern of hours and days and commencement and cessation times for part-","content":"The agreed period, pattern of hours and days and commencement and cessation times for part-\ntime work must be agreed between the officer and the officer’s manager or supervisor and\nrecorded in writing.","sortOrder":487},{"sectionNumber":"B22.1","sectionType":"clause","heading":"In this clause employee refers to employees other than casual employees.","content":"In this clause employee refers to employees other than casual employees.","sortOrder":488},{"sectionNumber":"B22.2.2","sectionType":"clause","heading":"Job sharing arrangements may be introduced by agreement between the chief executive and the","content":"Job sharing arrangements may be introduced by agreement between the chief executive and the\nemployees involved, subject to operational requirements. Employees working under job sharing\narrangements share one job and are considered to be part-time with each working part-time on a\nregular, continuing basis.","sortOrder":489},{"sectionNumber":"B22.3.2","sectionType":"clause","heading":"An employee must request in writing permission to work in a job sharing arrangement. The","content":"An employee must request in writing permission to work in a job sharing arrangement. The\nchief executive must agree to reasonable requests for regular job sharing arrangements,\nsubject to operational requirements.","sortOrder":490},{"sectionNumber":"B22.4","sectionType":"clause","heading":"The pattern of hours for the job sharing arrangement must be agreed between the employee","content":"The pattern of hours for the job sharing arrangement must be agreed between the employee\nand the chief executive. However, any single attendance at the office-based worksite must be\nfor no less than 3 consecutive hours.","sortOrder":491},{"sectionNumber":"B22.5","sectionType":"clause","heading":"The employee who is in a job sharing arrangement and who was previously working full-time may","content":"The employee who is in a job sharing arrangement and who was previously working full-time may\nrevert to full-time employment before the expiry of the agreed period of job sharing if all parties\nto the arrangement agree.","sortOrder":492},{"sectionNumber":"B22.6","sectionType":"clause","heading":"In the event that either employee ceases to participate in the job sharing arrangement, the","content":"In the event that either employee ceases to participate in the job sharing arrangement, the\narrangement must be terminated.","sortOrder":493},{"sectionNumber":"B23.4","sectionType":"clause","heading":"- Part-Time Employment Following Birth Leave, Primary Care Giver Leave, Adoption,","content":"- Part-Time Employment Following Birth Leave, Primary Care Giver Leave, Adoption,\nPermanent or Long Term Care Leave or Parental Leave","sortOrder":494},{"sectionNumber":"B23.1","sectionType":"clause","heading":"Subject to this clause, the chief executive must approve an application by an officer employed","content":"Subject to this clause, the chief executive must approve an application by an officer employed\non a full-time basis who returns to work after accessing birth leave, primary care giver leave,\nadoption, permanent or long term care leave or parental leave, to work on a part-time basis up\nuntil the date which is 3 years from the birth or adoption of a child or the granting of parental\nresponsibility of a foster child.","sortOrder":495},{"sectionNumber":"B23.2.2","sectionType":"clause","heading":"If the chief executive deems that an application by an officer to access part-time work under","content":"If the chief executive deems that an application by an officer to access part-time work under\nthis clause can only be accommodated if the officer agrees to become unattached, then the\napplication must only be approved if the officer so agrees.","sortOrder":496},{"sectionNumber":"B23.3.2","sectionType":"clause","heading":"The maximum aggregate period of part-time employment that may be approved for an officer","content":"The maximum aggregate period of part-time employment that may be approved for an officer\nunder subclause B23.1 is 7 years.","sortOrder":497},{"sectionNumber":"B23.4.2","sectionType":"clause","heading":"Either the officer who accesses primary care giver leave under clause E16 -, or adoption,","content":"Either the officer who accesses primary care giver leave under clause E16 -, or adoption,\npermanent or long term care leave under clause E20 -, or the employee who is entitled to or\naccesses birth leave under clause E14 - is entitled to access part-time employment as provided\nin subclause B23.1.\nCanberra Institute\nof Technology\nf_p_n_36_\n© Canberra Institute of Technology Page 34 of 195 Date updated: 18/01/2024","sortOrder":498},{"sectionNumber":"B23.5","sectionType":"clause","heading":"The agreed period, pattern of hours and days and commencement and cessation times for","content":"The agreed period, pattern of hours and days and commencement and cessation times for\npart-time work must be agreed between the officer and the officer’s manager or supervisor\nand recorded in writing.","sortOrder":499},{"sectionNumber":"B24.3","sectionType":"clause","heading":"- Home Based Work*","content":"- Home Based Work*\nThis clause should be read in conjunction with clause M4 -.","sortOrder":500},{"sectionNumber":"B24.1","sectionType":"clause","heading":"The diverse nature of work conducted in CIT lends itself to a range of working environments.","content":"The diverse nature of work conducted in CIT lends itself to a range of working environments.\nEmployees may be supported to undertake hybrid work which may include work undertaken in\nthe field and in the home or other agreed alternative location.","sortOrder":501},{"sectionNumber":"B24.2.2","sectionType":"clause","heading":"Home-based work, on a regular basis, is a voluntary arrangement that requires the agreement","content":"Home-based work, on a regular basis, is a voluntary arrangement that requires the agreement\nof both the chief executive and the employee. The chief executive must consider requests by\nemployees for home based work, having regard to operational requirements and the suitability\nof the work.","sortOrder":502},{"sectionNumber":"B24.3.2","sectionType":"clause","heading":"In determining appropriate home based work arrangements, the chief executive and the employee","content":"In determining appropriate home based work arrangements, the chief executive and the employee\nmust consider the following range of matters:","sortOrder":503},{"sectionNumber":"B24.3.1","sectionType":"clause","heading":"Appropriate and effective communication with office based employees.","content":"Appropriate and effective communication with office based employees.","sortOrder":504},{"sectionNumber":"B24.3.2.2","sectionType":"clause","heading":"The need to ensure adequate interaction with colleagues.","content":"The need to ensure adequate interaction with colleagues.","sortOrder":505},{"sectionNumber":"B24.3.3","sectionType":"clause","heading":"The nature of the job and operational requirements.","content":"The nature of the job and operational requirements.","sortOrder":506},{"sectionNumber":"B24.3.7","sectionType":"clause","heading":"Adequate performance monitoring arrangements.","content":"Adequate performance monitoring arrangements.","sortOrder":507},{"sectionNumber":"B24.4","sectionType":"clause","heading":"Home based work arrangements may be terminated by the chief executive on the basis of","content":"Home based work arrangements may be terminated by the chief executive on the basis of\noperational requirements, inefficiency of the arrangements, or failure of the employee to\ncomply with the arrangements.","sortOrder":508},{"sectionNumber":"B24.5","sectionType":"clause","heading":"An employee may terminate home-based work arrangements at any time by giving reasonable","content":"An employee may terminate home-based work arrangements at any time by giving reasonable\nnotice to the chief executive.","sortOrder":509},{"sectionNumber":"B24.6","sectionType":"clause","heading":"There may also be occasions where it is appropriate for an employee to work from home on an","content":"There may also be occasions where it is appropriate for an employee to work from home on an\nad hoc basis. In these circumstances, arrangements to work from home are to be negotiated on\na case-by-case basis between the employee and the manager or supervisor.","sortOrder":510},{"sectionNumber":"B24.7","sectionType":"clause","heading":"CIT must provide home computing facilities where an employee and the employee’s manager or","content":"CIT must provide home computing facilities where an employee and the employee’s manager or\nsupervisor agree there is a need for such facilities. Provision of equipment by CIT is subject to\nwork health and safety requirements and to an assessment of technical needs by the manager\nor supervisor.","sortOrder":511},{"sectionNumber":"B25.1","sectionType":"clause","heading":"As a benefit to employees, CIT must provide employees and employees’ immediate families","content":"As a benefit to employees, CIT must provide employees and employees’ immediate families\nwith access to an independent, confidential and professional counselling service at no cost to\nthe employee.","sortOrder":512},{"sectionNumber":"B26.1","sectionType":"clause","heading":"This clause applies to an employee (other than a casual employee or a temporary employee","content":"This clause applies to an employee (other than a casual employee or a temporary employee\nwho has been engaged by CIT for a period of less than 12 months) with school age children\nwho makes a timely application, with regard to work and rostering arrangements applying in\ntheir particular business unit, based on their accrued annual leave, purchased leave or long\nCanberra Institute\nof Technology\nf_p_n_37_\n© Canberra Institute of Technology Page 35 of 195 Date updated: 18/01/2024\nservice leave during school holidays that is rejected. The chief executive must make a\npayment to the employee of $52.00 per day towards the cost of each school child enrolled in\nan accredited school holiday program for each calendar year subject to all the following\nconditions:","sortOrder":513},{"sectionNumber":"B26.1.1","sectionType":"clause","heading":"The maximum payable per child over a 5-day period is $260.","content":"The maximum payable per child over a 5-day period is $260.","sortOrder":514},{"sectionNumber":"B26.1.2","sectionType":"clause","heading":"The maximum payable days per child per year is 10.","content":"The maximum payable days per child per year is 10.","sortOrder":515},{"sectionNumber":"B26.1.3","sectionType":"clause","heading":"The maximum number of children the benefit is payable for is 3.","content":"The maximum number of children the benefit is payable for is 3.","sortOrder":516},{"sectionNumber":"B26.1.4","sectionType":"clause","heading":"Payment will not be made without the production of a receipt(s).","content":"Payment will not be made without the production of a receipt(s).","sortOrder":517},{"sectionNumber":"B26.2.2","sectionType":"clause","heading":"An accredited school holiday program is a program approved, subsidised or approved and","content":"An accredited school holiday program is a program approved, subsidised or approved and\nsubsidised by a State, Territory or Local Government.","sortOrder":518},{"sectionNumber":"B26.3","sectionType":"clause","heading":"The payment applies only on the days when the employee is at work.","content":"The payment applies only on the days when the employee is at work.","sortOrder":519},{"sectionNumber":"B26.4","sectionType":"clause","heading":"The payment will be made regardless of the length of time the child is in the program each day,","content":"The payment will be made regardless of the length of time the child is in the program each day,\nbut it cannot exceed the actual cost incurred.","sortOrder":520},{"sectionNumber":"B26.5","sectionType":"clause","heading":"An employee whose domestic partner receives a similar benefit from the partner's employer is","content":"An employee whose domestic partner receives a similar benefit from the partner's employer is\nnot eligible for the payment.","sortOrder":521},{"sectionNumber":"B27.1","sectionType":"clause","heading":"Where an employee is directed to work outside the employee’s regular pattern of work, the","content":"Where an employee is directed to work outside the employee’s regular pattern of work, the\nchief executive must authorise reimbursement to the employee by receipt for some or all of the\ncosts of additional family care arrangements.","sortOrder":522},{"sectionNumber":"B28.1","sectionType":"clause","heading":"CIT is committed to supporting employees who are breastfeeding or expressing milk for a baby or","content":"CIT is committed to supporting employees who are breastfeeding or expressing milk for a baby or\nyoung child (nursing employees).","sortOrder":523},{"sectionNumber":"B28.2","sectionType":"clause","heading":"Nursing employees must be provided with the facilities and support necessary to enable such","content":"Nursing employees must be provided with the facilities and support necessary to enable such\nemployees to combine a continuation of such nursing activity with the employee’s employment.","sortOrder":524},{"sectionNumber":"B28.3","sectionType":"clause","heading":"Where practicable the work area must establish and maintain a suitable private room for nursing","content":"Where practicable the work area must establish and maintain a suitable private room for nursing\nemployees. Where there is no room available another appropriate space may be used.","sortOrder":525},{"sectionNumber":"B28.4","sectionType":"clause","heading":"Up to one hour, per day or shift, paid lactation breaks that are non-cumulative must be","content":"Up to one hour, per day or shift, paid lactation breaks that are non-cumulative must be\navailable for nursing employees.","sortOrder":526},{"sectionNumber":"B29.1","sectionType":"clause","heading":"This clause does not apply to casual employees.","content":"This clause does not apply to casual employees.","sortOrder":527},{"sectionNumber":"B29.2.2","sectionType":"clause","heading":"A medically unfit employee is an employee who is considered by the chief executive to be an","content":"A medically unfit employee is an employee who is considered by the chief executive to be an\nemployee who is unable to perform duties appropriate to the employee’s role because of\nphysical or mental incapacity following recommendation by an authorised doctor as defined\nunder the PSM Act.","sortOrder":528},{"sectionNumber":"B29.3","sectionType":"clause","heading":"Despite the provision of section 27 of the PSM Act, a medically unfit employee may, by","content":"Despite the provision of section 27 of the PSM Act, a medically unfit employee may, by\nagreement with the employee, be transferred to any position within the employee’s current\nskill level and experience, at either their substantive classification or equivalent classification. If\nthe employee moves into an alternative classification stream, they may only be transferred to\na classification that has a maximum salary which does not vary from the top increment of the\nemployee’s substantive classification by more than 10%, and penalties and allowances\nattached to the substantive position will not be taken into consideration in this calculation.\nPenalties and allowances may only continue to be paid where applicable in the new position.\nCanberra Institute\nof Technology\nf_p_n_38_\n© Canberra Institute of Technology Page 36 of 195 Date updated: 18/01/2024\nFor clarity this provision allows transfer between alternate classification streams, but does not\nallow for the transfer of an officer to a higher classification within the same classification\nstream e.g. a SOG B transfer to a SOG A.","sortOrder":529},{"sectionNumber":"B29.4","sectionType":"clause","heading":"An employee must not be redeployed in accordance with subclause B29.3 unless there is no","content":"An employee must not be redeployed in accordance with subclause B29.3 unless there is no\nsuitable vacant position at the employee’s substantive classification within CIT.","sortOrder":530},{"sectionNumber":"B30.3","sectionType":"clause","heading":"- Transfer to a Safe Job during Pregnancy","content":"- Transfer to a Safe Job during Pregnancy\nPurpose","sortOrder":531},{"sectionNumber":"B30.1","sectionType":"clause","heading":"This clause provides arrangements to enable a pregnant employee to have their duties modified","content":"This clause provides arrangements to enable a pregnant employee to have their duties modified\nor to be transferred to an appropriate safe job during their pregnancy or enable them to be\nabsent from their workplace if an appropriate safe job is not available.\nEligibility","sortOrder":532},{"sectionNumber":"B30.2.2","sectionType":"clause","heading":"In accordance with the NES, this clause applies to a pregnant employee when they do both the","content":"In accordance with the NES, this clause applies to a pregnant employee when they do both the\nfollowing:","sortOrder":533},{"sectionNumber":"B30.2.1","sectionType":"clause","heading":"Give notice that they will be applying for birth leave.","content":"Give notice that they will be applying for birth leave.","sortOrder":534},{"sectionNumber":"B30.2.2.2","sectionType":"clause","heading":"Provide evidence from a registered health professional or registered medical","content":"Provide evidence from a registered health professional or registered medical\nprofessional to the chief executive that they are fit for work but that it is\ninadvisable to continue with some or all of their duties in their present position\nduring a stated period because of illness or risks arising out of the pregnancy or\nhazards connected with that position.","sortOrder":535},{"sectionNumber":"B30.3.2","sectionType":"clause","heading":"In these circumstances, the employee is entitled to have their duties modified or to be","content":"In these circumstances, the employee is entitled to have their duties modified or to be\ntransferred to an appropriate safe job for the stated period with no detriment to their current\nterms and conditions of employment.\nPaid absence for ‘no safe job’ purposes","sortOrder":536},{"sectionNumber":"B30.4","sectionType":"clause","heading":"If the chief executive determines that an appropriate safe job is not available, and when the","content":"If the chief executive determines that an appropriate safe job is not available, and when the\nemployee has completed 12 months of continuous service, the employee is entitled to take\npaid absence for ‘no safe job’ purposes for the stated period at a rate of payment that is the\nsame rate as would be paid if the employee was granted personal leave. This period of paid\nabsence counts as service for all purposes.","sortOrder":537},{"sectionNumber":"B30.5","sectionType":"clause","heading":"If the chief executive determines that an appropriate safe job is not available, and the","content":"If the chief executive determines that an appropriate safe job is not available, and the\nemployee has not completed 12 months of continuous service, the employee is entitled to\ntake unpaid absence for ‘no safe job’ purposes. This period of absence does not count as\nservice for any purposes but does not break continuity of service.","sortOrder":538},{"sectionNumber":"B30.6","sectionType":"clause","heading":"The employee’s entitlements under this clause cease when the employee’s pregnancy ends","content":"The employee’s entitlements under this clause cease when the employee’s pregnancy ends\nbefore the end of the stated period.\nCanberra Institute\nof Technology\nf_p_n_39_\n© Canberra Institute of Technology Page 37 of 195 Date updated: 18/01/2024","sortOrder":539},{"sectionNumber":"C1.1","sectionType":"clause","heading":"Persons engaged on a part-time basis will receive, on a proportionate basis, equivalent pay and","content":"Persons engaged on a part-time basis will receive, on a proportionate basis, equivalent pay and\nconditions to those of full-time employees, unless specifically stated elsewhere in this Agreement.","sortOrder":540},{"sectionNumber":"C2.1","sectionType":"clause","heading":"Employees will be paid in accordance with the employee’s classification and rates of pay set out","content":"Employees will be paid in accordance with the employee’s classification and rates of pay set out\nin Annex A to this Agreement.","sortOrder":541},{"sectionNumber":"C2.2","sectionType":"clause","heading":"Increases to pay rates for all classifications set out in Annex A of this Agreement will be:","content":"Increases to pay rates for all classifications set out in Annex A of this Agreement will be:","sortOrder":542},{"sectionNumber":"C2.2.1","sectionType":"clause","heading":"$1,750 flat rate increase in the first full pay period on or after 1 January 2023.","content":"$1,750 flat rate increase in the first full pay period on or after 1 January 2023.","sortOrder":543},{"sectionNumber":"C2.2.2","sectionType":"clause","heading":"1% from the commencement of the first full pay period on or after 1 June 2023.","content":"1% from the commencement of the first full pay period on or after 1 June 2023.","sortOrder":544},{"sectionNumber":"C2.2.3","sectionType":"clause","heading":"$1,750 flat rate increase in the first full pay period on or after 1 December 2023.","content":"$1,750 flat rate increase in the first full pay period on or after 1 December 2023.","sortOrder":545},{"sectionNumber":"C2.2.4","sectionType":"clause","heading":"1.5% from the commencement of the first full pay period on or after 1 June 2024.","content":"1.5% from the commencement of the first full pay period on or after 1 June 2024.","sortOrder":546},{"sectionNumber":"C2.2.5","sectionType":"clause","heading":"1% from the commencement of the first full pay period on or after 1 December 2024","content":"1% from the commencement of the first full pay period on or after 1 December 2024\nand $1,500 flat rate increase.","sortOrder":547},{"sectionNumber":"C2.2.6","sectionType":"clause","heading":"1% from the commencement of the first full pay period on or after 1 June 2025.","content":"1% from the commencement of the first full pay period on or after 1 June 2025.","sortOrder":548},{"sectionNumber":"C2.2.7","sectionType":"clause","heading":"1% from the commencement of the first full pay period on or after 1 December 2025","content":"1% from the commencement of the first full pay period on or after 1 December 2025\nand $1,000 flat rate increase.","sortOrder":549},{"sectionNumber":"C3.1","sectionType":"clause","heading":"Employees will be paid fortnightly in arrears and by electronic funds transfer into a financial","content":"Employees will be paid fortnightly in arrears and by electronic funds transfer into a financial\ninstitution account of the employee’s choice.","sortOrder":550},{"sectionNumber":"C3.2","sectionType":"clause","heading":"CIT commits to paying employees their ordinary fortnightly pay and allowances on the","content":"CIT commits to paying employees their ordinary fortnightly pay and allowances on the\nappropriate payday. CIT also commits to paying any shift penalties, overtime payments and\nhigher duties allowance as soon as reasonably possible, but not later than within 2 pay periods\nof the appropriate authorisation having been received by the relevant corporate area.","sortOrder":551},{"sectionNumber":"C3.3","sectionType":"clause","heading":"The ordinary fortnightly pay is based on the following formula:","content":"The ordinary fortnightly pay is based on the following formula:","sortOrder":552},{"sectionNumber":"C3.3.1","sectionType":"clause","heading":"Fortnightly pay = annual rate of pay x 12 / 313.","content":"Fortnightly pay = annual rate of pay x 12 / 313.","sortOrder":553},{"sectionNumber":"C3.4","sectionType":"clause","heading":"A part-time employee is paid pro rata based on the employee’s agreed ordinary hours.","content":"A part-time employee is paid pro rata based on the employee’s agreed ordinary hours.","sortOrder":554},{"sectionNumber":"C3.5","sectionType":"clause","heading":"An employee must, with the approval of the chief executive, be advanced the pay due for any","content":"An employee must, with the approval of the chief executive, be advanced the pay due for any\nperiod of approved paid annual or long service leave. Advancement of pay is subject to payroll\nprocessing timeframes. The approval of the chief executive must not be unreasonably withheld.","sortOrder":555},{"sectionNumber":"C4.1","sectionType":"clause","heading":"Upon request by the union, CIT must facilitate arrangements for payroll deductions for union","content":"Upon request by the union, CIT must facilitate arrangements for payroll deductions for union\nfees. CIT agrees that it must not impose any limitations or impediments to an employee utilising\npayroll deductions for union fees that do not apply to other regular payroll deductions, such as\nhealth insurance.","sortOrder":556},{"sectionNumber":"C5.2","sectionType":"clause","heading":"- Pay Points and Increments*","content":"- Pay Points and Increments*\nThis clause should be read in conjunction with clause M3 -.","sortOrder":557},{"sectionNumber":"C5.1","sectionType":"clause","heading":"A person who is engaged by CIT, or an employee who is promoted or is approved to perform the","content":"A person who is engaged by CIT, or an employee who is promoted or is approved to perform the\nduties of a higher office, is entitled to be paid at the first pay point for the classification level.\nCanberra Institute\nof Technology\nf_p_n_40_\n© Canberra Institute of Technology Page 38 of 195 Date updated: 18/01/2024","sortOrder":558},{"sectionNumber":"C5.2.2","sectionType":"clause","heading":"Despite subclause 0, the chief executive may approve a person who is engaged by CIT, or an","content":"Despite subclause 0, the chief executive may approve a person who is engaged by CIT, or an\nemployee who is promoted or approved to receive higher duties allowance, to be paid at a higher\npay point within that classification level.","sortOrder":559},{"sectionNumber":"C5.3","sectionType":"clause","heading":"Increments apply to both an employee's permanent and higher duties classification. When an","content":"Increments apply to both an employee's permanent and higher duties classification. When an\nemployee has completed 12 months higher duties within a 24 month period an increment will be\npaid and all further instances of higher duties will be paid at this level.","sortOrder":560},{"sectionNumber":"C5.4","sectionType":"clause","heading":"Previous service at a higher duties pay must be considered when determining a pay point should","content":"Previous service at a higher duties pay must be considered when determining a pay point should\nthe employee be promoted to that classification, and will be used to determine the date at which\nincrements fall due.","sortOrder":561},{"sectionNumber":"C5.5","sectionType":"clause","heading":"An eligible employee is entitled (subject to there being no Underperformance or Discipline action","content":"An eligible employee is entitled (subject to there being no Underperformance or Discipline action\nundertaken in accordance with Section G– Workplace Values and Behaviours) to be paid an annual\nincrement on and from the relevant anniversary of the date of commencement in the classification\nfor the employee concerned.","sortOrder":562},{"sectionNumber":"C5.6","sectionType":"clause","heading":"Accelerated incremental advancement may occur as follows:","content":"Accelerated incremental advancement may occur as follows:","sortOrder":563},{"sectionNumber":"C5.6.1","sectionType":"clause","heading":"A person who is engaged by CIT, or an employee who is promoted or approved to","content":"A person who is engaged by CIT, or an employee who is promoted or approved to\nperform higher duties, may be paid at a higher pay point within that classification\nlevel.","sortOrder":564},{"sectionNumber":"C5.6.2","sectionType":"clause","heading":"Subject to a maximum of 2 additional increments within the classification range being","content":"Subject to a maximum of 2 additional increments within the classification range being\nawarded to the employee in a 12 month period (excluding any additional increments\nawarded to the employee on commencement in the position in accordance with\nsubclause C5.2), the chief executive may approve the payment of additional\naccelerated increments to the employee at one of the following times:","sortOrder":565},{"sectionNumber":"C5.6.2.2","sectionType":"clause","heading":"(a) At the time annual incremental advancement is due: i.e., at the time an","content":"(a) At the time annual incremental advancement is due: i.e., at the time an\nemployee is eligible for annual incremental advancement (either in the\nsubstantive or higher duties position).","sortOrder":566},{"sectionNumber":"C5.6.2.3","sectionType":"clause","heading":"(b) At any other time between periods of annual incremental advancement.","content":"(b) At any other time between periods of annual incremental advancement.","sortOrder":567},{"sectionNumber":"C5.6.3","sectionType":"clause","heading":"Where an employee is awarded additional accelerated increments over the 12 month","content":"Where an employee is awarded additional accelerated increments over the 12 month\nperiod between the payments of annual increments in accordance with paragraph\nC5.6.2, the employee is still eligible for the payment of an annual increment, and the\ndate of effect of the annual increment will remain unchanged.","sortOrder":568},{"sectionNumber":"C5.7","sectionType":"clause","heading":"In considering whether to approve payment at a higher pay point (as per subclause C5.2), or","content":"In considering whether to approve payment at a higher pay point (as per subclause C5.2), or\naccelerated advancement (as per subclause C5.6), the chief executive must take into account all of\nthe following factors:","sortOrder":569},{"sectionNumber":"C5.7.2","sectionType":"clause","heading":"The employee’s relevant work and personal experience.","content":"The employee’s relevant work and personal experience.","sortOrder":570},{"sectionNumber":"C5.7.4","sectionType":"clause","heading":"The employee’s ability to make an immediate contribution.","content":"The employee’s ability to make an immediate contribution.","sortOrder":571},{"sectionNumber":"C5.7.5","sectionType":"clause","heading":"Difficulties in attracting and retaining suitable employees.","content":"Difficulties in attracting and retaining suitable employees.","sortOrder":572},{"sectionNumber":"C6.2","sectionType":"clause","heading":"- Entry Level Programs*","content":"- Entry Level Programs*\nThis clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.\nCanberra Institute\nof Technology\nf_p_n_41_\n© Canberra Institute of Technology Page 39 of 195 Date updated: 18/01/2024","sortOrder":573},{"sectionNumber":"C7.2","sectionType":"clause","heading":"- Higher Duties Allowance*","content":"- Higher Duties Allowance*\nThis clause should be read in conjunction with clause M39 -.","sortOrder":574},{"sectionNumber":"C7.1","sectionType":"clause","heading":"Higher Duties Allowance (HDA) is payable to an officer who is directed to temporarily perform","content":"Higher Duties Allowance (HDA) is payable to an officer who is directed to temporarily perform\nthe duties of a position with a higher classification.\nSelection for HDA","sortOrder":575},{"sectionNumber":"C7.2.2","sectionType":"clause","heading":"If a position is expected to be available for a period of 6 months or longer the position must be","content":"If a position is expected to be available for a period of 6 months or longer the position must be\nadvertised in the gazette.","sortOrder":576},{"sectionNumber":"C7.3","sectionType":"clause","heading":"Periods of higher duties should not normally extend beyond 12 months. If after 12 months the","content":"Periods of higher duties should not normally extend beyond 12 months. If after 12 months the\nposition is nominally vacant it must be advertised unless there are exceptional circumstances.","sortOrder":577},{"sectionNumber":"C7.4","sectionType":"clause","heading":"Nothing in this clause restricts casual or temporary employees performing duties of a higher office","content":"Nothing in this clause restricts casual or temporary employees performing duties of a higher office\nin accordance with the PSM Act and the PSM Standards.\nPeriods of HDA","sortOrder":578},{"sectionNumber":"C7.5","sectionType":"clause","heading":"An officer who is acting in a position with a higher classification for a period of one day or more,","content":"An officer who is acting in a position with a higher classification for a period of one day or more,\nwill be paid HDA for that period.","sortOrder":579},{"sectionNumber":"C7.6","sectionType":"clause","heading":"Where an officer on temporary transfer is to perform the full duties of the higher position, HDA","content":"Where an officer on temporary transfer is to perform the full duties of the higher position, HDA\nis calculated as the difference between the officer’s current pay and a point in the pay range of\nthe higher position determined by the chief executive in accordance with clause C5 -.","sortOrder":580},{"sectionNumber":"C7.7","sectionType":"clause","heading":"Where the officer is performing only part of the duties of the higher position and the higher","content":"Where the officer is performing only part of the duties of the higher position and the higher\nposition is at least 2 levels above the officer’s current substantive level, payment of partial\nHDA may be agreed between the chief executive and the officer, prior to the commencement\nof the temporary transfer.","sortOrder":581},{"sectionNumber":"C7.8","sectionType":"clause","heading":"The rate of payment for partial HDA will be a point in the pay range(s) of the intervening level(s).","content":"The rate of payment for partial HDA will be a point in the pay range(s) of the intervening level(s).\nThe chief executive’s decision on the rate of payment of partial HDA must take into account the\nspecified part of the duties of the higher position that the officer is to perform.","sortOrder":582},{"sectionNumber":"C7.9","sectionType":"clause","heading":"An officer receiving HDA is entitled to normal incremental progression for the officer’s","content":"An officer receiving HDA is entitled to normal incremental progression for the officer’s\nsubstantive position and the HDA position in accordance with C5 -.","sortOrder":583},{"sectionNumber":"C7.9.1","sectionType":"clause","heading":"Increments gained while performing HDA are maintained upon the officer ceasing","content":"Increments gained while performing HDA are maintained upon the officer ceasing\nthe higher duties.","sortOrder":584},{"sectionNumber":"C7.10","sectionType":"clause","heading":"Previous higher duties service will be considered in determining the appropriate pay point for","content":"Previous higher duties service will be considered in determining the appropriate pay point for\nfuture periods of higher duties.","sortOrder":585},{"sectionNumber":"C8.2","sectionType":"clause","heading":"- Payment for Shift Workers*","content":"- Payment for Shift Workers*\nThis clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.","sortOrder":586},{"sectionNumber":"C9.2","sectionType":"clause","heading":"- Overtime*","content":"- Overtime*\nDetails of Overtime for employees covered by this Agreement are contained in clause M40 -.","sortOrder":587},{"sectionNumber":"C10.2","sectionType":"clause","heading":"- Rest Relief after Overtime*","content":"- Rest Relief after Overtime*\nThis clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.","sortOrder":588},{"sectionNumber":"C11.2","sectionType":"clause","heading":"- Payment for Public Holiday Duty*","content":"- Payment for Public Holiday Duty*\nThis clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.\nCanberra Institute\nof Technology\nf_p_n_42_\n© Canberra Institute of Technology Page 40 of 195 Date updated: 18/01/2024","sortOrder":589},{"sectionNumber":"C12.2","sectionType":"clause","heading":"- Daylight Saving Arrangements*","content":"- Daylight Saving Arrangements*\nThis clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.","sortOrder":590},{"sectionNumber":"C13.2","sectionType":"clause","heading":"- On-Call Allowances*","content":"- On-Call Allowances*\nThis clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.","sortOrder":591},{"sectionNumber":"C14.2","sectionType":"clause","heading":"- Close-Call Allowance*","content":"- Close-Call Allowance*\nThis clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.","sortOrder":592},{"sectionNumber":"C15.2","sectionType":"clause","heading":"- Rest Relief for On-Call or Close-Call Situations*","content":"- Rest Relief for On-Call or Close-Call Situations*\nThis clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.","sortOrder":593},{"sectionNumber":"C16.2","sectionType":"clause","heading":"- Emergency Duty*","content":"- Emergency Duty*\nThis clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.","sortOrder":594},{"sectionNumber":"C17.2","sectionType":"clause","heading":"- Emergency Management Provision*","content":"- Emergency Management Provision*\nThis clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.","sortOrder":595},{"sectionNumber":"C18.1","sectionType":"clause","heading":"In recognition of the benefits of maintaining a healthy and productive workforce, employees","content":"In recognition of the benefits of maintaining a healthy and productive workforce, employees\nwho undertake, in their own time, health promotion activities are entitled to a health and\nwellbeing reimbursement payment.\nEntitlement","sortOrder":596},{"sectionNumber":"C18.2","sectionType":"clause","heading":"Having considered the requirements of this clause, the chief executive may approve a","content":"Having considered the requirements of this clause, the chief executive may approve a\nreimbursement payment not exceeding $100 per annum.","sortOrder":597},{"sectionNumber":"C18.3","sectionType":"clause","heading":"The payment will be on a reimbursement basis subject to an original tax invoice being provided","content":"The payment will be on a reimbursement basis subject to an original tax invoice being provided\nand only one claim may be made in a Fringe Benefit year (1 April to 31 March). The health\npromotion activity must have been purchased in the same Fringe Benefit year of the claim being\nmade.","sortOrder":598},{"sectionNumber":"C18.4","sectionType":"clause","heading":"In order for the employee to be reimbursed costs, a completed application form and valid tax","content":"In order for the employee to be reimbursed costs, a completed application form and valid tax\ninvoice(s) must be provided as proof of purchase and must clearly display the item(s) and cost of\nthe item to support the claim.\nEligibility","sortOrder":599},{"sectionNumber":"C18.5","sectionType":"clause","heading":"Permanent and temporary employees are eligible to claim the health and wellbeing","content":"Permanent and temporary employees are eligible to claim the health and wellbeing\nreimbursement payment where the employee has completed at least 6 months continuous service\nand the tax invoice is dated during employment with the ACTPS. Casual employees are not eligible\nfor this payment.\nApproved Activities","sortOrder":600},{"sectionNumber":"C18.6","sectionType":"clause","heading":"An approved health and wellbeing activity is an activity, including a preventative activity or","content":"An approved health and wellbeing activity is an activity, including a preventative activity or\ntherapy, which is generally accepted as improving health, fitness and/or wellbeing.","sortOrder":601},{"sectionNumber":"C18.7","sectionType":"clause","heading":"The total amount that can be claimed will depend on the Fringe Benefit Tax (FBT) relating to the","content":"The total amount that can be claimed will depend on the Fringe Benefit Tax (FBT) relating to the\napproved activity. All activities to be claimed must fall within the same category. The categories\nare specified in the application process.\nCanberra Institute\nof Technology\nf_p_n_43_\n© Canberra Institute of Technology Page 41 of 195 Date updated: 18/01/2024","sortOrder":602},{"sectionNumber":"C18.8","sectionType":"clause","heading":"Where the chief executive approved a reimbursement payment in accordance with clause C18.2","content":"Where the chief executive approved a reimbursement payment in accordance with clause C18.2\nthe total reimbursed amount will be included in with the employees fortnightly pay and will not be\nsubject to tax.","sortOrder":603},{"sectionNumber":"C19.2","sectionType":"clause","heading":"- Directorate Liaison Officer (DLO) Allowance","content":"- Directorate Liaison Officer (DLO) Allowance\nThis clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.","sortOrder":604},{"sectionNumber":"C20.2","sectionType":"clause","heading":"- Other Allowances*","content":"- Other Allowances*\nThis clause should be read in conjunction with clause M41 -.","sortOrder":605},{"sectionNumber":"C20.1","sectionType":"clause","heading":"The chief executive may approve the payment of expense-related, disability-related, functional-","content":"The chief executive may approve the payment of expense-related, disability-related, functional-\nrelated and qualification-related allowances as provided for in this Agreement at Annex C.","sortOrder":606},{"sectionNumber":"C20.2.2","sectionType":"clause","heading":"The rates for all allowances provided for in Annex C of this Agreement will be adjusted by:","content":"The rates for all allowances provided for in Annex C of this Agreement will be adjusted by:","sortOrder":607},{"sectionNumber":"C20.2.1","sectionType":"clause","heading":"1.79% from the commencement of the first full pay period on or after 1 January 2023.","content":"1.79% from the commencement of the first full pay period on or after 1 January 2023.","sortOrder":608},{"sectionNumber":"C20.2.2.2","sectionType":"clause","heading":"1% from the commencement of the first full pay period on or after 1 June 2023.","content":"1% from the commencement of the first full pay period on or after 1 June 2023.","sortOrder":609},{"sectionNumber":"C20.2.3","sectionType":"clause","heading":"1.74% from the commencement of the first full pay period on or after 1 December","content":"1.74% from the commencement of the first full pay period on or after 1 December\n2023.","sortOrder":610},{"sectionNumber":"C20.2.4","sectionType":"clause","heading":"1.5% from the commencement of the first full pay period on or after 1 June 2024.","content":"1.5% from the commencement of the first full pay period on or after 1 June 2024.","sortOrder":611},{"sectionNumber":"C20.2.5","sectionType":"clause","heading":"2.44% from the commencement of the first full pay period on or after 1 December","content":"2.44% from the commencement of the first full pay period on or after 1 December\n2024.","sortOrder":612},{"sectionNumber":"C20.2.6","sectionType":"clause","heading":"1% from the commencement of the first full pay period on or after 1 June 2025.","content":"1% from the commencement of the first full pay period on or after 1 June 2025.","sortOrder":613},{"sectionNumber":"C20.2.7","sectionType":"clause","heading":"1.93% from the commencement of the first full pay period on or after 1 December","content":"1.93% from the commencement of the first full pay period on or after 1 December\n2025.\nunless the contrary intention is stated for a specific allowance in Annex C.","sortOrder":614},{"sectionNumber":"C20.3","sectionType":"clause","heading":"Despite clause C1 - part-time and casual employees who satisfy the requirements for payment of","content":"Despite clause C1 - part-time and casual employees who satisfy the requirements for payment of\nan expense-related allowance will receive the full amount of allowance or payment prescribed in","sortOrder":615},{"sectionNumber":"C20.3.1","sectionType":"clause","heading":"Part-time and casual employees who satisfy the requirements for payment of an","content":"Part-time and casual employees who satisfy the requirements for payment of an\nallowance that is not an expense-related allowance will receive the following amount\nof the allowance or payment prescribed in Annex C unless the contrary intention is\nstated for a specific allowance in Annex C:","sortOrder":616},{"sectionNumber":"C20.3.1.2","sectionType":"clause","heading":"(a) If the allowance is payable by the hour, shift or occasion – the full","content":"(a) If the allowance is payable by the hour, shift or occasion – the full\namount.","sortOrder":617},{"sectionNumber":"C20.3.1.3","sectionType":"clause","heading":"(b) If the allowance is payable by the day, week, fortnight or year – a","content":"(b) If the allowance is payable by the day, week, fortnight or year – a\nprorated amount calculated according to the hours worked relative to\nfull-time hours.","sortOrder":618},{"sectionNumber":"C20.4","sectionType":"clause","heading":"This subclause is not relevant to the Common Terms and Conditions for employees covered by this","content":"This subclause is not relevant to the Common Terms and Conditions for employees covered by this\nAgreement.","sortOrder":619},{"sectionNumber":"C20.5","sectionType":"clause","heading":"Where an employee is in receipt of a shift penalty, any disability allowance the employee receives","content":"Where an employee is in receipt of a shift penalty, any disability allowance the employee receives\nin accordance with Annex C, will not be included for the purpose of calculating the shift penalty.","sortOrder":620},{"sectionNumber":"C20.6","sectionType":"clause","heading":"Unless the contrary intention is specifically provided, an allowance payable on leave is also","content":"Unless the contrary intention is specifically provided, an allowance payable on leave is also\npayable on payments in lieu of leave for credits of the same leave type in accordance with the FW\nAct.\nCanberra Institute\nof Technology\nf_p_n_44_\n© Canberra Institute of Technology Page 42 of 195 Date updated: 18/01/2024\nNote: this includes the ‘cash out’ of leave credits where available under this Agreement, and the\npayment of leave credits on separation from CIT.","sortOrder":621},{"sectionNumber":"C20.7","sectionType":"clause","heading":"The following allowances, detailed in Annex C, may apply to any CIT employee:","content":"The following allowances, detailed in Annex C, may apply to any CIT employee:","sortOrder":622},{"sectionNumber":"C21.2","sectionType":"clause","heading":"- Reimbursement of Reasonable Relocation Expenses","content":"- Reimbursement of Reasonable Relocation Expenses","sortOrder":623},{"sectionNumber":"C21.1","sectionType":"clause","heading":"The purpose of this reimbursement is to provide financial assistance to employees recruited","content":"The purpose of this reimbursement is to provide financial assistance to employees recruited\nfrom interstate or overseas who are engaged on a permanent or long-term temporary basis.","sortOrder":624},{"sectionNumber":"C21.2.2","sectionType":"clause","heading":"The chief executive may approve a reimbursement payment to a new employee as the chief","content":"The chief executive may approve a reimbursement payment to a new employee as the chief\nexecutive considers is reasonable in the new employee’s circumstances. The relevant pre-\ndetermined ceiling is set out below:\nSingle with no dependants $12,000\nAdditional payment per dependant (first 6 dependants) $2,000\nAdditional payment per dependant (seventh and further dependants) $1,750","sortOrder":625},{"sectionNumber":"C21.3","sectionType":"clause","heading":"In order for a new employee to be reimbursed costs, valid receipts must be provided.","content":"In order for a new employee to be reimbursed costs, valid receipts must be provided.","sortOrder":626},{"sectionNumber":"C21.4","sectionType":"clause","heading":"For the purposes of this clause, dependant does not require actual financial dependency and","content":"For the purposes of this clause, dependant does not require actual financial dependency and\nincludes members of the new employee’s immediate household including a domestic partner,\nparent, parent of domestic partner, brother, sister, guardian, foster parent, step-parent, step-\nbrother, half-brother, step-sister, half-sister, child, foster child or step child residing with the\nemployee at the time the offer is made.","sortOrder":627},{"sectionNumber":"C21.5","sectionType":"clause","heading":"The chief executive may approve payment in excess of the approved amount or ceiling in","content":"The chief executive may approve payment in excess of the approved amount or ceiling in\nexceptional circumstances.","sortOrder":628},{"sectionNumber":"C21.6","sectionType":"clause","heading":"In the event that the employee terminates their employment with CIT within 24 months of the","content":"In the event that the employee terminates their employment with CIT within 24 months of the\ndate of engagement and does not commence employment with another ACTPS business unit\nwithin one month, the employee may be required by the chief executive to repay one of the\nfollowing:","sortOrder":629},{"sectionNumber":"C21.6.1","sectionType":"clause","heading":"In the case the employee terminates employment within 12 months from the date of","content":"In the case the employee terminates employment within 12 months from the date of\nappointment – 100% of the relocation reimbursement.","sortOrder":630},{"sectionNumber":"C21.6.2","sectionType":"clause","heading":"In the case the employee terminates employment more than 12 months and less","content":"In the case the employee terminates employment more than 12 months and less\nthan 24 months from the date of appointment – 50% of the relocation\nreimbursement.\nCanberra Institute\nof Technology\nf_p_n_45_\n© Canberra Institute of Technology Page 43 of 195 Date updated: 18/01/2024","sortOrder":631},{"sectionNumber":"D1.1","sectionType":"clause","heading":"Voluntary access to salary sacrifice arrangements are available to employees in accordance with","content":"Voluntary access to salary sacrifice arrangements are available to employees in accordance with\nACTPS policies and guidelines.","sortOrder":632},{"sectionNumber":"D1.2","sectionType":"clause","heading":"The employee must meet all costs incurred as a result of the salary sacrifice arrangements under","content":"The employee must meet all costs incurred as a result of the salary sacrifice arrangements under\nthese provisions.","sortOrder":633},{"sectionNumber":"D1.3","sectionType":"clause","heading":"The employee's pay for superannuation purposes and severance and termination payments are","content":"The employee's pay for superannuation purposes and severance and termination payments are\nthe gross pay that the employee would receive if the employee were not taking part in salary\nsacrifice arrangements.","sortOrder":634},{"sectionNumber":"D1.4","sectionType":"clause","heading":"Changes to salary sacrifice arrangements, including taxation changes, are not a cause for further","content":"Changes to salary sacrifice arrangements, including taxation changes, are not a cause for further\nclaims against CIT.","sortOrder":635},{"sectionNumber":"D1.5","sectionType":"clause","heading":"The chief executive must continue to provide appropriate information to employees concerning","content":"The chief executive must continue to provide appropriate information to employees concerning\nsalary sacrifice arrangements.","sortOrder":636},{"sectionNumber":"D2.1","sectionType":"clause","heading":"In some special circumstances it may be necessary for the chief executive to determine that an","content":"In some special circumstances it may be necessary for the chief executive to determine that an\nemployee or group of employees who are covered by this Agreement and who occupy certain\npositions should be provided with attraction and retention incentives that may differ from some\nof the terms and conditions under this Agreement.","sortOrder":637},{"sectionNumber":"D2.2","sectionType":"clause","heading":"The framework under which attraction and retention incentives may apply during the life of this","content":"The framework under which attraction and retention incentives may apply during the life of this\nAgreement is set out in Annex B of this Agreement.","sortOrder":638},{"sectionNumber":"D3.1","sectionType":"clause","heading":"An employee, or a group of employees, or the union(s) or other employee representatives","content":"An employee, or a group of employees, or the union(s) or other employee representatives\n(“the applicant”), may present a case to request the chief executive to undertake a\nclassification and work value review of a position or group of positions.","sortOrder":639},{"sectionNumber":"D3.2","sectionType":"clause","heading":"The chief executive must undertake the review in consultation with the employee(s), the union(s)","content":"The chief executive must undertake the review in consultation with the employee(s), the union(s)\nand other employee representatives","sortOrder":640},{"sectionNumber":"D3.3","sectionType":"clause","heading":"If the chief executive determines that the case presented under subclause D3.1 is frivolous or","content":"If the chief executive determines that the case presented under subclause D3.1 is frivolous or\nvexatious, the chief executive must refuse to undertake the review.","sortOrder":641},{"sectionNumber":"D3.4","sectionType":"clause","heading":"If the chief executive determines that the case presented under subclause D3.1 does not","content":"If the chief executive determines that the case presented under subclause D3.1 does not\ncontain enough information for the chief executive to make an assessment on whether the\nreview is warranted, the chief executive must provide the applicant an opportunity to make\nfurther submissions. If, following such further submissions, or if no such submissions are made,\nthe chief executive still does not have enough information to make an assessment on whether\nor not the review is warranted, the chief executive may refuse to undertake the review.","sortOrder":642},{"sectionNumber":"D3.5","sectionType":"clause","heading":"Any classification and work value review must take into account the relevant work level","content":"Any classification and work value review must take into account the relevant work level\nstandards, position descriptions, market and other relevant comparators, including comparators\nthat are considered pertinent to the skills, competencies and general responsibilities required of\nthe position(s).","sortOrder":643},{"sectionNumber":"D3.6","sectionType":"clause","heading":"These provisions do not affect the right of the chief executive to undertake a classification and","content":"These provisions do not affect the right of the chief executive to undertake a classification and\nwork value review at the initiative of the chief executive.","sortOrder":644},{"sectionNumber":"D3.7","sectionType":"clause","heading":"Where agreement cannot be reached on the need to conduct the review then the disagreement","content":"Where agreement cannot be reached on the need to conduct the review then the disagreement\nmay be resolved in accordance with the dispute resolution procedure.\nCanberra Institute\nof Technology\nf_p_n_46_\n© Canberra Institute of Technology Page 44 of 195 Date updated: 18/01/2024","sortOrder":645},{"sectionNumber":"D4.2","sectionType":"clause","heading":"- Supported Wage System*","content":"- Supported Wage System*\nThis clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.","sortOrder":646},{"sectionNumber":"D5.1","sectionType":"clause","heading":"An overpayment is a debt owed to the Territory.","content":"An overpayment is a debt owed to the Territory.","sortOrder":647},{"sectionNumber":"D5.2","sectionType":"clause","heading":"In the event that an employee has received an overpayment, the chief executive may recover the","content":"In the event that an employee has received an overpayment, the chief executive may recover the\noverpayment in accordance with this clause.","sortOrder":648},{"sectionNumber":"D5.3","sectionType":"clause","heading":"Any disputes about the application of these provisions should be addressed through the Dispute","content":"Any disputes about the application of these provisions should be addressed through the Dispute\nAvoidance/Settlement Procedures outlined at F6 -. Unless the employee agrees, recovery of\nmonies will not occur while a dispute is in process.","sortOrder":649},{"sectionNumber":"D5.4","sectionType":"clause","heading":"If the chief executive believes that an overpayment has occurred, the chief executive will consider","content":"If the chief executive believes that an overpayment has occurred, the chief executive will consider\nwhether it would be appropriate in the circumstances to waive part or all of the overpayment in\naccordance with section 131 of the FM Act.","sortOrder":650},{"sectionNumber":"D5.5","sectionType":"clause","heading":"For the purposes of these provisions, when considering whether a waiver is appropriate, the chief","content":"For the purposes of these provisions, when considering whether a waiver is appropriate, the chief\nexecutive will consider all the following compelling circumstances:","sortOrder":651},{"sectionNumber":"D5.5.2","sectionType":"clause","heading":"The circumstances under which the debt arose.","content":"The circumstances under which the debt arose.","sortOrder":652},{"sectionNumber":"D5.6","sectionType":"clause","heading":"If the chief executive considers that a waiver in accordance with subclause D5.4 is not appropriate","content":"If the chief executive considers that a waiver in accordance with subclause D5.4 is not appropriate\nin the circumstances, the chief executive must provide the employee with all the following\ninformation:","sortOrder":653},{"sectionNumber":"D5.6.1","sectionType":"clause","heading":"The pay period(s) in which the overpayment occurred.","content":"The pay period(s) in which the overpayment occurred.","sortOrder":654},{"sectionNumber":"D5.6.3","sectionType":"clause","heading":"The reasons why the overpayment occurred.","content":"The reasons why the overpayment occurred.","sortOrder":655},{"sectionNumber":"D5.6.4","sectionType":"clause","heading":"The gross and net components of the overpayment.","content":"The gross and net components of the overpayment.","sortOrder":656},{"sectionNumber":"D5.7","sectionType":"clause","heading":"The chief executive will provide the employee or their representative with an opportunity to","content":"The chief executive will provide the employee or their representative with an opportunity to\nrespond or request a waiver within 10 working days from the date the information at D5.6 was\nprovided. If the chief executive does not receive a response within this timeframe, the\noverpayment process will continue in accordance with the following provisions in this clause.","sortOrder":657},{"sectionNumber":"D5.8","sectionType":"clause","heading":"Subsequent to the decision of whether to waive the overpayment in accordance with","content":"Subsequent to the decision of whether to waive the overpayment in accordance with\nsubclause D5.7 the chief executive must advise the employee in writing, as soon as practicable,\nof all the following:","sortOrder":658},{"sectionNumber":"D5.8.1","sectionType":"clause","heading":"The decision to waive any, or part, of the overpayment, if applicable.","content":"The decision to waive any, or part, of the overpayment, if applicable.","sortOrder":659},{"sectionNumber":"D5.8.2","sectionType":"clause","heading":"The process for recovery of the overpayment, if any.","content":"The process for recovery of the overpayment, if any.","sortOrder":660},{"sectionNumber":"D5.9","sectionType":"clause","heading":"The chief executive and the employee must make genuine efforts to agree on a reasonable","content":"The chief executive and the employee must make genuine efforts to agree on a reasonable\nrecovery rate having regard for all of the circumstances prior to any recovery being made. Where\nagreement cannot be reached subclause D5.12 applies.","sortOrder":661},{"sectionNumber":"D5.10","sectionType":"clause","heading":"Any such agreement in accordance with subclause D5.9 may include recovery of the overpayment","content":"Any such agreement in accordance with subclause D5.9 may include recovery of the overpayment\nby the chief executive using one of the following methods:","sortOrder":662},{"sectionNumber":"D5.10.2","sectionType":"clause","heading":"A payroll deduction from the employee’s pay.","content":"A payroll deduction from the employee’s pay.\nCanberra Institute\nof Technology\nf_p_n_47_\n© Canberra Institute of Technology Page 45 of 195 Date updated: 18/01/2024","sortOrder":663},{"sectionNumber":"D5.11","sectionType":"clause","heading":"In respect to recovery action it may be agreed with the employee to adjust their leave credits","content":"In respect to recovery action it may be agreed with the employee to adjust their leave credits\ninstead of, or in combination with, a cash recovery under subclause D5.10, subject to the cashing\nout of leave limitation provisions in this Agreement.","sortOrder":664},{"sectionNumber":"D5.12","sectionType":"clause","heading":"Where the chief executive and the employee cannot agree about the arrangements for recovery of","content":"Where the chief executive and the employee cannot agree about the arrangements for recovery of\nan overpayment, the overpayment must be recovered in accordance with an arrangement as\ndetermined by the chief executive under section 246 of the PSM Act.","sortOrder":665},{"sectionNumber":"D5.12.1","sectionType":"clause","heading":"Where recovery occurs in accordance with subclause D5.12 the overpayment will","content":"Where recovery occurs in accordance with subclause D5.12 the overpayment will\nbe recovered at the rate of up to 10% of the employee’s gross fortnightly pay, or\nsuch other rate determined by the chief executive having regard for all of the\ncircumstances.","sortOrder":666},{"sectionNumber":"D5.13","sectionType":"clause","heading":"Despite subclause D5.9 and subclause D5.12, the recovery period will not usually exceed 26 pay","content":"Despite subclause D5.9 and subclause D5.12, the recovery period will not usually exceed 26 pay\nperiods.","sortOrder":667},{"sectionNumber":"D5.14","sectionType":"clause","heading":"Any outstanding money owing to CIT when an employee ceases employment is to be","content":"Any outstanding money owing to CIT when an employee ceases employment is to be\nrecovered by deduction from any final entitlements payable to the employee. If a debt still\nexists further debt recovery action is to be taken unless the chief executive does one of the\nfollowing:","sortOrder":668},{"sectionNumber":"D5.14.1","sectionType":"clause","heading":"Directs the recovery be waived, in part or in full, based on evidence provided by","content":"Directs the recovery be waived, in part or in full, based on evidence provided by\nthe employee of exceptional circumstance or that such recovery would cause\nundue hardship.","sortOrder":669},{"sectionNumber":"D5.14.2","sectionType":"clause","heading":"Determines that an overpayment is not recoverable. If an overpayment is not","content":"Determines that an overpayment is not recoverable. If an overpayment is not\nrecoverable, the provisions of CIT’s Financial Instructions, relating to the write off of\nmonies, will apply.","sortOrder":670},{"sectionNumber":"D6.1","sectionType":"clause","heading":"Where the chief executive agrees that an employee has been underpaid on the employee’s","content":"Where the chief executive agrees that an employee has been underpaid on the employee’s\nordinary hourly rate of pay, and the employee requests, an offline payment for the amount\nowing will be made to the employee within 3 business days of the chief executive receiving the\nrequest.","sortOrder":671},{"sectionNumber":"D6.2","sectionType":"clause","heading":"Where a shift penalty, overtime payment or higher duties allowance is not made within 2 pay","content":"Where a shift penalty, overtime payment or higher duties allowance is not made within 2 pay\nperiods of the appropriate authorisation having been received by the relevant corporate area,\nand the employee requests, an offline payment for the amount owing will be made to the\nemployee within 3 business days of the chief executive receiving the request.","sortOrder":672},{"sectionNumber":"D7.1","sectionType":"clause","heading":"The chief executive must provide employer superannuation contributions in accordance with the","content":"The chief executive must provide employer superannuation contributions in accordance with the\nrelevant legislative requirements.","sortOrder":673},{"sectionNumber":"D7.2","sectionType":"clause","heading":"This clause does not apply to employees who are members of the Public Sector Superannuation","content":"This clause does not apply to employees who are members of the Public Sector Superannuation\nAccumulation Plan (PSSap), unless they are eligible to be members of the PSSap as a fund of\nchoice.","sortOrder":674},{"sectionNumber":"D7.3","sectionType":"clause","heading":"This clause does not apply to preserved members of other superannuation plans, including CSS","content":"This clause does not apply to preserved members of other superannuation plans, including CSS\nand PSSdb. Employees covered by those superannuation plans, must receive the employer\ncontributions specified by the fund rules for the relevant superannuation plan.","sortOrder":675},{"sectionNumber":"D7.4","sectionType":"clause","heading":"An employee may choose any approved superannuation fund as long as the fund can accept","content":"An employee may choose any approved superannuation fund as long as the fund can accept\nemployer contributions by EFT. If the employee’s chosen fund cannot or will not accept\nadditional contributions as outlined in subclause D7.5 and subclause D7.8, then the employee\nwill be advised of their right to change funds, to enable such contributions to be made.","sortOrder":676},{"sectionNumber":"D7.5","sectionType":"clause","heading":"The employer contributions are all of the following:","content":"The employer contributions are all of the following:\nCanberra Institute\nof Technology\nf_p_n_48_\n© Canberra Institute of Technology Page 46 of 195 Date updated: 18/01/2024","sortOrder":677},{"sectionNumber":"D7.5.1","sectionType":"clause","heading":"From 1 July 2022 to 30 June 2025 is 11.5%.","content":"From 1 July 2022 to 30 June 2025 is 11.5%.","sortOrder":678},{"sectionNumber":"D7.5.2","sectionType":"clause","heading":"From 1 July 2025 to 31 December 2025 is 12%.","content":"From 1 July 2025 to 31 December 2025 is 12%.","sortOrder":679},{"sectionNumber":"D7.5.4","sectionType":"clause","heading":"A further 1% pro rata per pay, based on the employee’s gross fortnightly Ordinary","content":"A further 1% pro rata per pay, based on the employee’s gross fortnightly Ordinary\nTime Earnings (OTE) (or other methods where prescribed by the nominated\nsuperannuation fund rules), for each pay period where the employee contributes\n3% or more of their fortnightly OTE to their nominated superannuation fund\n(either in pre or post tax dollars) and where it is processed through the ACT\nGovernment’s payroll system.","sortOrder":680},{"sectionNumber":"D7.6","sectionType":"clause","heading":"The salary for superannuation purposes is calculated on the employee's Ordinary Time Earnings","content":"The salary for superannuation purposes is calculated on the employee's Ordinary Time Earnings\n(OTE) within the meaning of the Superannuation Guarantee (Administration) Act 1992.","sortOrder":681},{"sectionNumber":"D7.7","sectionType":"clause","heading":"Employer contributions are not reduced by any other contributions made through salary sacrifice","content":"Employer contributions are not reduced by any other contributions made through salary sacrifice\narrangements.","sortOrder":682},{"sectionNumber":"D7.8","sectionType":"clause","heading":"For employees who take paid or unpaid parental leave (which includes birth, parental,","content":"For employees who take paid or unpaid parental leave (which includes birth, parental,\ngrandparental and foster care leave), employer contributions (which are calculated using the\nsame formula as prescribed in subclause E14.22) are made for an aggregate period equal to a\nmaximum of 104 weeks of the parental leave (which includes birth, parental, grandparental\nand foster care leave), in accordance with the rules of the appropriate superannuation\nscheme. For clarification, the 104-week period includes separate shorter periods aggregating\nto 104 weeks, and does not need to be one continuous period.","sortOrder":683},{"sectionNumber":"D7.9","sectionType":"clause","heading":"The Government must, through the Chief Minister,Treasury and Economic Development","content":"The Government must, through the Chief Minister,Treasury and Economic Development\nDirectorate, consult with unions and employees on changes to superannuation legislation\nthat may be proposed by the Commonwealth.","sortOrder":684},{"sectionNumber":"D8.1","sectionType":"clause","heading":"Where an employee dies, or the chief executive has directed that an employee is presumed to","content":"Where an employee dies, or the chief executive has directed that an employee is presumed to\nhave died on a particular date, the chief executive may make a payment or partial payment for\nunused leave credits and other entitlements directly to the dependants or the domestic partner,\nor to the legal personal representative, or to the estate, of the former employee of an amount that\nwould have been paid had the employee ceased employment otherwise than because of the\nemployee’s death. The payment in respect of unused long service leave is calculated in accordance\nwith subclause E25.23.\nCanberra Institute\nof Technology\nf_p_n_49_\n© Canberra Institute of Technology Page 47 of 195 Date updated: 18/01/2024","sortOrder":685},{"sectionNumber":"E1.1","sectionType":"clause","heading":"Part-time employees are credited and debited leave on a pro rata basis.","content":"Part-time employees are credited and debited leave on a pro rata basis.","sortOrder":686},{"sectionNumber":"E2.1","sectionType":"clause","heading":"Employees with access to flextime (or TOIL) must use flextime (or TOIL) for all absences of less","content":"Employees with access to flextime (or TOIL) must use flextime (or TOIL) for all absences of less\nthan one day wherever practicable; however personal leave may still be accessed for these\nabsences.","sortOrder":687},{"sectionNumber":"E3.1","sectionType":"clause","heading":"Where a request is not approved the chief executive must, if so requested in writing by the","content":"Where a request is not approved the chief executive must, if so requested in writing by the\nemployee, provide the reasons for that decision to the employee in writing. Where a request is\nnot approved the chief executive must consult with the employee to determine mutually\nconvenient alternative arrangements.","sortOrder":688},{"sectionNumber":"E4.1","sectionType":"clause","heading":"Personal leave is available to employees to enable them to be absent from duty in any of the","content":"Personal leave is available to employees to enable them to be absent from duty in any of the\nfollowing circumstances:","sortOrder":689},{"sectionNumber":"E4.1.1","sectionType":"clause","heading":"The employee is unfit for work because of a personal illness, or personal injury.","content":"The employee is unfit for work because of a personal illness, or personal injury.","sortOrder":690},{"sectionNumber":"E4.1.2","sectionType":"clause","heading":"The employee must provide care or support to a member of the employee’s","content":"The employee must provide care or support to a member of the employee’s\nimmediate family, or a member of the employee’s household who is in either of the\nfollowing circumstances:","sortOrder":691},{"sectionNumber":"E4.1.2.2","sectionType":"clause","heading":"(b) They are affected by an unexpected emergency.","content":"(b) They are affected by an unexpected emergency.","sortOrder":692},{"sectionNumber":"E4.1.3","sectionType":"clause","heading":"The employee is attending a medical appointment for themself, or a member of their","content":"The employee is attending a medical appointment for themself, or a member of their\nimmediate family or household, with a registered health professional who is\noperating within their scope of practice.","sortOrder":693},{"sectionNumber":"E4.1.4","sectionType":"clause","heading":"There are special, extraordinary or unforeseen circumstances in accordance with","content":"There are special, extraordinary or unforeseen circumstances in accordance with\nclause E5 -.\nEligibility","sortOrder":694},{"sectionNumber":"E4.2","sectionType":"clause","heading":"Personal leave is available to employees other than casual employees.","content":"Personal leave is available to employees other than casual employees.\nEntitlement","sortOrder":695},{"sectionNumber":"E4.3","sectionType":"clause","heading":"An employee may be granted personal leave up to their available credit from the first day of","content":"An employee may be granted personal leave up to their available credit from the first day of\nservice.","sortOrder":696},{"sectionNumber":"E4.4","sectionType":"clause","heading":"Personal leave is cumulative and there is no cap on the personal leave balance an employee may","content":"Personal leave is cumulative and there is no cap on the personal leave balance an employee may\naccrue.","sortOrder":697},{"sectionNumber":"E4.5","sectionType":"clause","heading":"If a person is retired from the Sector on grounds of invalidity, and is re-appointed as a result of","content":"If a person is retired from the Sector on grounds of invalidity, and is re-appointed as a result of\naction taken under the Superannuation Act 1976 or the Superannuation Act 1990, they are\nentitled to be re-credited with unused personal leave credit held prior to the invalidity\nretirement.","sortOrder":698},{"sectionNumber":"E4.6","sectionType":"clause","heading":"Personal leave will not accrue during a period of unauthorised absence or a period of leave","content":"Personal leave will not accrue during a period of unauthorised absence or a period of leave\nwithout pay that does not count for service.\nCanberra Institute\nof Technology\nf_p_n_50_\n© Canberra Institute of Technology Page 48 of 195 Date updated: 18/01/2024","sortOrder":699},{"sectionNumber":"E4.7","sectionType":"clause","heading":"A part-time officer or part-time temporary employee will accrue personal leave calculated on a","content":"A part-time officer or part-time temporary employee will accrue personal leave calculated on a\npro rata basis.\nInterim Arrangements Until Daily Accrual is Implemented","sortOrder":700},{"sectionNumber":"E4.8","sectionType":"clause","heading":"Except for a short-term temporary employee and an employee to whom subclause E4.9 applies,","content":"Except for a short-term temporary employee and an employee to whom subclause E4.9 applies,\nan employee’s personal leave balance will be credited with an equivalent of 3.6 weeks of\npersonal leave on the day they commence with the Territory.","sortOrder":701},{"sectionNumber":"E4.9","sectionType":"clause","heading":"On engagement under the PSM Act, employees who have prior service recognised for personal","content":"On engagement under the PSM Act, employees who have prior service recognised for personal\nleave purposes will be credited with any personal leave balance accrued with the previous\nemployer. On the employee’s normal accrual date, the employee will then receive personal\nleave in accordance with subclause E4.10. Where the employee’s personal leave prior to\nengagement with CIT was accrued on a progressive basis, rather than credited prospectively,\nthe employee will also be credited with an amount of personal leave which is the difference\nbetween 3.6 weeks and any personal leave already accrued with the previous employer for their\ncurrent accrual year.\nNote: For the purposes of this clause ‘normal accrual date’ means the accrual date with the\nprevious employer as recognised as part of the prior service.","sortOrder":702},{"sectionNumber":"E4.10","sectionType":"clause","heading":"An additional credit of 3.6 weeks personal leave will be made on the anniversary of the","content":"An additional credit of 3.6 weeks personal leave will be made on the anniversary of the\nemployee’s commencement during each year of service.","sortOrder":703},{"sectionNumber":"E4.11","sectionType":"clause","heading":"The accrual date for personal leave will be deferred by one day for every calendar day of","content":"The accrual date for personal leave will be deferred by one day for every calendar day of\nunauthorised absence or leave without pay that does not count for service.\nShort-term temporary employees","sortOrder":704},{"sectionNumber":"E4.12","sectionType":"clause","heading":"A short-term temporary employee will be credited with 0.2 weeks of personal leave on","content":"A short-term temporary employee will be credited with 0.2 weeks of personal leave on\ncommencement and a further 0.8 weeks of personal leave after 4 weeks continuous service.\nThereafter the employee will be credited with 0.2 weeks of personal leave for each subsequent 4\nweeks of continuous service up to a maximum of 2 weeks in the employee’s first 12 months of\nservice.","sortOrder":705},{"sectionNumber":"E4.13","sectionType":"clause","heading":"After 12 months continuous service short-term temporary employees will receive 5.2 weeks of","content":"After 12 months continuous service short-term temporary employees will receive 5.2 weeks of\npersonal leave with pay. For every subsequent 12 months of service, short-term temporary\nemployees will receive personal leave in accordance with subclause E4.10.","sortOrder":706},{"sectionNumber":"E4.14","sectionType":"clause","heading":"A short-term temporary employee subsequently appointed under the PSM Act prior to","content":"A short-term temporary employee subsequently appointed under the PSM Act prior to\ncompleting 12 months service will have their personal leave balance brought up to the\nequivalent of 3.6 weeks, less any personal leave with pay granted under subclause E4.3. For\nsubsequent accruals that short-term temporary employee will receive personal leave on the\nsame basis as an officer on the anniversary of the commencement of their employment.\nDaily Accrual Implementation","sortOrder":707},{"sectionNumber":"E4.15","sectionType":"clause","heading":"Personal leave will move to daily accrual from 1 January 2024, or the commencement of the","content":"Personal leave will move to daily accrual from 1 January 2024, or the commencement of the\nagreement, whichever is the latter.","sortOrder":708},{"sectionNumber":"E4.16","sectionType":"clause","heading":"An employee’s personal leave credit accrues daily according to the following formula:","content":"An employee’s personal leave credit accrues daily according to the following formula:\nTotal hours of leave accrued per day = (A x B x D) / C, where:","sortOrder":709},{"sectionNumber":"E4.16.1","sectionType":"clause","heading":"A = number of ordinary hours per week worked.","content":"A = number of ordinary hours per week worked.","sortOrder":710},{"sectionNumber":"E4.16.2","sectionType":"clause","heading":"B = one where the day counts as service or zero where the day does not count as","content":"B = one where the day counts as service or zero where the day does not count as\nservice or is an unauthorised absence.","sortOrder":711},{"sectionNumber":"E4.16.3","sectionType":"clause","heading":"C = number of calendar days in the year.","content":"C = number of calendar days in the year.","sortOrder":712},{"sectionNumber":"E4.16.4","sectionType":"clause","heading":"D = number of weeks of personal leave an employee is entitled to a year.","content":"D = number of weeks of personal leave an employee is entitled to a year.\nCanberra Institute\nof Technology\nf_p_n_51_\n© Canberra Institute of Technology Page 49 of 195 Date updated: 18/01/2024","sortOrder":713},{"sectionNumber":"E4.17","sectionType":"clause","heading":"For the purpose of subclause E4.16 the basic leave entitlement is one of the following:","content":"For the purpose of subclause E4.16 the basic leave entitlement is one of the following:","sortOrder":714},{"sectionNumber":"E4.17.1","sectionType":"clause","heading":"In the case of 36.75 hour workers, 132.3 hours leave (3.6 weeks) for each full year","content":"In the case of 36.75 hour workers, 132.3 hours leave (3.6 weeks) for each full year\nworked.","sortOrder":715},{"sectionNumber":"E4.17.2","sectionType":"clause","heading":"In the case of 38 hour workers, 136.8 hours leave (3.6 weeks) for each full year","content":"In the case of 38 hour workers, 136.8 hours leave (3.6 weeks) for each full year\nworked.","sortOrder":716},{"sectionNumber":"E4.18","sectionType":"clause","heading":"Except for a short-term temporary employee and an employee to whom subclause E4.19 applies,","content":"Except for a short-term temporary employee and an employee to whom subclause E4.19 applies,\nan employee’s personal leave balance will be credited with an equivalent of 3.6 weeks of personal\nleave on the day they commence with the Territory.","sortOrder":717},{"sectionNumber":"E4.19","sectionType":"clause","heading":"On engagement under the PSM Act, employees who have prior service recognised for personal","content":"On engagement under the PSM Act, employees who have prior service recognised for personal\nleave purposes will be credited with any personal leave balance accrued with the previous\nemployer.","sortOrder":718},{"sectionNumber":"E4.20","sectionType":"clause","heading":"For permanent and long-term temporary employees, if the personal leave balance brought over","content":"For permanent and long-term temporary employees, if the personal leave balance brought over\nfrom the previous employer, in accordance with subclause E4.19, is less than 3.6 weeks, the\nemployee will be credited with the difference between 3.6 weeks and the balance brought over.","sortOrder":719},{"sectionNumber":"E4.21","sectionType":"clause","heading":"For short-term temporary employees, if the personal leave balance brought over from the","content":"For short-term temporary employees, if the personal leave balance brought over from the\nprevious employer, in accordance with subclause E4.19, is less than 1.8 weeks, the employee will\nbe credited with the difference between 1.8 weeks and the balance brought over.\nShort-term temporary employees","sortOrder":720},{"sectionNumber":"E4.22","sectionType":"clause","heading":"A short-term temporary employee will be credited with 1.8 weeks of personal leave on","content":"A short-term temporary employee will be credited with 1.8 weeks of personal leave on\ncommencement. On each day of service thereafter, the employee will receive a credit based on\nthe formula in subclause E4.16.","sortOrder":721},{"sectionNumber":"E4.23","sectionType":"clause","heading":"After 12 months continuous service short-term temporary employees will receive 1.8 weeks of","content":"After 12 months continuous service short-term temporary employees will receive 1.8 weeks of\npersonal leave with pay.","sortOrder":722},{"sectionNumber":"E4.24","sectionType":"clause","heading":"A short-term temporary employee subsequently appointed under the PSM Act within 12 months","content":"A short-term temporary employee subsequently appointed under the PSM Act within 12 months\nof commencement will be credited with an additional 1.8 weeks of personal leave.\nTransition period for daily accrual implementation","sortOrder":723},{"sectionNumber":"E4.25","sectionType":"clause","heading":"Current employees will transition from annual accrual to daily accrual of personal leave on the","content":"Current employees will transition from annual accrual to daily accrual of personal leave on the\nnext accrual date for each employee within the transition year. On this date, and each day of\nservice thereafter, the employee will receive a credit based on the formula in subclause E4.16.","sortOrder":724},{"sectionNumber":"E4.26","sectionType":"clause","heading":"Current employees will be credited with an equivalent of 3.6 weeks of personal leave on their","content":"Current employees will be credited with an equivalent of 3.6 weeks of personal leave on their\naccrual date in the transition year. On this date, and each day of service thereafter, the employee\nwill receive a credit based on the formula in subclause E4.16.\nWhen personal leave credits have been exhausted","sortOrder":725},{"sectionNumber":"E4.27","sectionType":"clause","heading":"The chief executive may, for any reason including where personal leave credits have been","content":"The chief executive may, for any reason including where personal leave credits have been\nexhausted, and subject to the production of documentary evidence, grant an employee a period of\nunpaid personal leave for personal illness or injury or for the care or support of a member of the\nemployee’s immediate family or household who is ill or injured or affected by an unexpected\nemergency. This is in addition to the entitlement to unpaid carer’s leave that employees have\nunder the NES.\nNOTE: In such circumstances, alternative arrangements are also provided for at subclause E4.59.","sortOrder":726},{"sectionNumber":"E4.28","sectionType":"clause","heading":"Despite subclause E4.27, the chief executive may allow an employee, when the employee","content":"Despite subclause E4.27, the chief executive may allow an employee, when the employee\nprovides documentary evidence that the employee has a personal illness or injury, or needs to\nprovide care or support to a member of the employee’s immediate family or household, to\nCanberra Institute\nof Technology\nf_p_n_52_\n© Canberra Institute of Technology Page 50 of 195 Date updated: 18/01/2024\nanticipate up to a maximum of 1 week paid personal leave where all full pay personal leave\ncredits are exhausted.","sortOrder":727},{"sectionNumber":"E4.29","sectionType":"clause","heading":"Any personal leave debits that an employee has at the time they cease employment with CIT will","content":"Any personal leave debits that an employee has at the time they cease employment with CIT will\nbe treated as a debt in accordance with clause D5 -. The debt will be recovered from any\ntermination payment owing to the employee, except in the case of death.","sortOrder":728},{"sectionNumber":"E4.30","sectionType":"clause","heading":"Temporary employees may be granted up to an aggregate of 20 days without pay in the first 12","content":"Temporary employees may be granted up to an aggregate of 20 days without pay in the first 12\nmonths.","sortOrder":729},{"sectionNumber":"E4.31","sectionType":"clause","heading":"The chief executive may, in exceptional circumstances and subject to the production of","content":"The chief executive may, in exceptional circumstances and subject to the production of\ndocumentary evidence, grant an employee an additional period of paid personal leave for\npersonal illness or injury, or for the employee to provide care or support to a member of the\nemployee’s immediate family who is ill or injured. This leave may be at either full or half pay.\nSuch leave will not be granted if the absence is due to a condition for which the employee is\nreceiving compensation under the Safety, Rehabilitation and Compensation Act 1988.\nOther provisions","sortOrder":730},{"sectionNumber":"E4.32","sectionType":"clause","heading":"An employee in receipt of workers compensation for more than 45 weeks will accrue personal","content":"An employee in receipt of workers compensation for more than 45 weeks will accrue personal\nleave on the basis of hours actually worked.","sortOrder":731},{"sectionNumber":"E4.33","sectionType":"clause","heading":"Unused personal leave credit will not be paid out on cessation of employment.","content":"Unused personal leave credit will not be paid out on cessation of employment.\nEvidence and conditions","sortOrder":732},{"sectionNumber":"E4.34","sectionType":"clause","heading":"An employee must give notice of the intention to take personal leave. The notice must be","content":"An employee must give notice of the intention to take personal leave. The notice must be\nprovided to their manager or supervisor as soon as practicable (which in the case of personal\nillness or injury may be a time immediately after the leave has commenced) and must advise\nthe duration, or expected duration, of the leave.","sortOrder":733},{"sectionNumber":"E4.35","sectionType":"clause","heading":"The chief executive may grant personal leave if they are satisfied there is sufficient cause,","content":"The chief executive may grant personal leave if they are satisfied there is sufficient cause,\nhaving considered any requested or required documentary evidence.","sortOrder":734},{"sectionNumber":"E4.36","sectionType":"clause","heading":"An employee must provide requested or required documentary evidence in a timely manner.","content":"An employee must provide requested or required documentary evidence in a timely manner.\nTo unduly withhold the provision of documentary evidence may result in the personal leave\napplication not being approved for payment.","sortOrder":735},{"sectionNumber":"E4.37","sectionType":"clause","heading":"The chief executive must accept either of the following documentary evidence as proof of","content":"The chief executive must accept either of the following documentary evidence as proof of\npersonal illness or injury or the need to care for or support a member of the employee’s\nimmediate family or household who is ill or injured or who is affected by an unexpected\nemergency:","sortOrder":736},{"sectionNumber":"E4.37.1","sectionType":"clause","heading":"A certificate from a registered medical practitioner or registered health professional","content":"A certificate from a registered medical practitioner or registered health professional\nwho is operating within their scope of practice.","sortOrder":737},{"sectionNumber":"E4.37.2","sectionType":"clause","heading":"A statutory declaration made by the employee if it is not reasonably practicable for","content":"A statutory declaration made by the employee if it is not reasonably practicable for\nthe employee to give the chief executive a certificate.","sortOrder":738},{"sectionNumber":"E4.38","sectionType":"clause","heading":"Unless otherwise approved by the chief executive, an employee may only access a maximum of","content":"Unless otherwise approved by the chief executive, an employee may only access a maximum of","sortOrder":739},{"sectionNumber":"3.2","sectionType":"clause","heading":"consecutive days of paid personal leave on each occasion up to an accumulated maximum of 7","content":"consecutive days of paid personal leave on each occasion up to an accumulated maximum of 7\ndays in any accrual year, without providing documentary evidence. Absences for personal leave\nwithout documentary evidence in excess of 3 consecutive days, or 7 days in any accrual year is\nwithout pay.","sortOrder":740},{"sectionNumber":"E4.39","sectionType":"clause","heading":"Up until daily accrual implementation subclause E4.38 will apply. Following daily accrual","content":"Up until daily accrual implementation subclause E4.38 will apply. Following daily accrual\nimplementation the maximum days without a certificate will reset on the next accrual/transition\ndate for the employee and apply for the remaining part of the calendar year. From 1 January\n2025, unless otherwise approved by the chief executive, an employee may only access a\nmaximum of 3 consecutive days of paid personal leave on each occasion up to an accumulated\nCanberra Institute\nof Technology\nf_p_n_53_\n© Canberra Institute of Technology Page 51 of 195 Date updated: 18/01/2024\nmaximum of 7 days without providing documentary evidence. This will continue to reset on 1\nJanuary each year. Absences for personal leave without documentary evidence in excess of 3\nconsecutive days, or 7 days in any calendar year is without pay.","sortOrder":741},{"sectionNumber":"E4.40","sectionType":"clause","heading":"Notwithstanding subclause E4.38 the chief executive may, with reasonable cause, request the","content":"Notwithstanding subclause E4.38 the chief executive may, with reasonable cause, request the\nemployee to provide a medical certificate from a registered medical practitioner or registered\nhealth professional operating within their scope of practice or a statutory declaration for any\nabsence from duty on personal leave at the time of notification of the absence.","sortOrder":742},{"sectionNumber":"E4.41","sectionType":"clause","heading":"Any personal leave without pay that goes beyond a maximum continuous period of combined","content":"Any personal leave without pay that goes beyond a maximum continuous period of combined\npaid and unpaid personal leave of 78 weeks does not count as service for any purpose.","sortOrder":743},{"sectionNumber":"E4.42","sectionType":"clause","heading":"For clarity, any other form of leave taken in lieu of unpaid personal leave that is intended to","content":"For clarity, any other form of leave taken in lieu of unpaid personal leave that is intended to\ncover illness or injury will be considered as personal leave for the purpose of subclause E4.41.","sortOrder":744},{"sectionNumber":"E4.43","sectionType":"clause","heading":"The chief executive must approve an application for up to 5 days of personal leave for the purpose","content":"The chief executive must approve an application for up to 5 days of personal leave for the purpose\nof bonding leave in accordance with subclause E18.4.","sortOrder":745},{"sectionNumber":"E4.44","sectionType":"clause","heading":"The chief executive may refer an employee for a medical examination by a nominated","content":"The chief executive may refer an employee for a medical examination by a nominated\nregistered medical practitioner or registered health professional, or nominated panel of\nregistered medical practitioners or registered health professionals, at any time for any of the\nfollowing reasons:","sortOrder":746},{"sectionNumber":"E4.44.1","sectionType":"clause","heading":"The chief executive is concerned about the wellbeing of an employee and considers","content":"The chief executive is concerned about the wellbeing of an employee and considers\nthat the health of the employee is affecting, or has a reasonable expectation that it\nmay affect, the employee’s ability to adequately perform their duties.","sortOrder":747},{"sectionNumber":"E4.44.2","sectionType":"clause","heading":"The chief executive considers that documentary evidence supplied in support of an","content":"The chief executive considers that documentary evidence supplied in support of an\nabsence due to personal illness or injury is inadequate.","sortOrder":748},{"sectionNumber":"E4.44.3","sectionType":"clause","heading":"The employee has been absent on account of illness for a total of 13 weeks in any 26","content":"The employee has been absent on account of illness for a total of 13 weeks in any 26\nweek period.","sortOrder":749},{"sectionNumber":"E4.45","sectionType":"clause","heading":"The chief executive may require the employee to take personal leave after considering the","content":"The chief executive may require the employee to take personal leave after considering the\nresults of a medical examination requested by the chief executive.\nRate of payment","sortOrder":750},{"sectionNumber":"E4.46","sectionType":"clause","heading":"Personal leave is granted with pay except where it is granted without pay under subclause","content":"Personal leave is granted with pay except where it is granted without pay under subclause\nE4.27, subclause E4.30 or subclause E4.38.","sortOrder":751},{"sectionNumber":"E4.47","sectionType":"clause","heading":"Subject to the approval of the chief executive, an employee may request to use personal leave","content":"Subject to the approval of the chief executive, an employee may request to use personal leave\nat half pay for absences of at least one week. Such absences will be deducted from the\nemployee’s accrued credits at a rate of 50% of the period of absence.","sortOrder":752},{"sectionNumber":"E4.48","sectionType":"clause","heading":"Any personal leave taken must be deducted from the employee’s credit.","content":"Any personal leave taken must be deducted from the employee’s credit.\nEffect on other entitlements","sortOrder":753},{"sectionNumber":"E4.49","sectionType":"clause","heading":"Personal leave with pay counts as service for all purposes.","content":"Personal leave with pay counts as service for all purposes.","sortOrder":754},{"sectionNumber":"E4.50","sectionType":"clause","heading":"Personal leave without pay, other than provided for at subclause E4.41, counts as service for","content":"Personal leave without pay, other than provided for at subclause E4.41, counts as service for\nall purposes.","sortOrder":755},{"sectionNumber":"E4.51","sectionType":"clause","heading":"Where an employee is absent on paid personal leave and a public holiday for which the","content":"Where an employee is absent on paid personal leave and a public holiday for which the\nemployee is entitled to be paid falls within that period of absence, both the following apply:","sortOrder":756},{"sectionNumber":"E4.51.1","sectionType":"clause","heading":"The employee will be paid as a normal public holiday for that day.","content":"The employee will be paid as a normal public holiday for that day.","sortOrder":757},{"sectionNumber":"E4.51.2","sectionType":"clause","heading":"The public holiday will not be deducted from the employee’s personal leave credits.","content":"The public holiday will not be deducted from the employee’s personal leave credits.\nCanberra Institute\nof Technology\nf_p_n_54_\n© Canberra Institute of Technology Page 52 of 195 Date updated: 18/01/2024","sortOrder":758},{"sectionNumber":"E4.52","sectionType":"clause","heading":"Where the personal leave under subclause E4.51 is without pay both sides of the public holiday","content":"Where the personal leave under subclause E4.51 is without pay both sides of the public holiday\nor Christmas shutdown period, the public holiday, or the Christmas shutdown period, will also\nbe without pay.","sortOrder":759},{"sectionNumber":"E4.53","sectionType":"clause","heading":"While personal leave is not deducted over the Christmas shutdown period, the Christmas","content":"While personal leave is not deducted over the Christmas shutdown period, the Christmas\nshutdown does not break continuity of the period of absence in relation to the maximum\nperiod(s) of leave under subclause E4.41.\nInteraction with other leave types","sortOrder":760},{"sectionNumber":"E4.54","sectionType":"clause","heading":"This clause applies to an employee who suffers personal illness or injury, or provides care or","content":"This clause applies to an employee who suffers personal illness or injury, or provides care or\nsupport for a member of the employee’s immediate family or household who is ill or injured or\nwho is experiencing an unexpected emergency, for one day or longer while the employee is on\none of the following types of leave:","sortOrder":761},{"sectionNumber":"E4.55","sectionType":"clause","heading":"If the employee produces a certificate from a registered medical practitioner or a registered","content":"If the employee produces a certificate from a registered medical practitioner or a registered\nhealth professional operating within their scope of practice, or in the case of an unexpected\nemergency, other satisfactory evidence, the employee may apply for personal leave.","sortOrder":762},{"sectionNumber":"E4.56","sectionType":"clause","heading":"Where an employee is subsequently granted the personal leave, the other leave must be re-","content":"Where an employee is subsequently granted the personal leave, the other leave must be re-\ncredited for the period of the personal leave that falls within the period of other leave.","sortOrder":763},{"sectionNumber":"E4.57","sectionType":"clause","heading":"An employee cannot access paid personal leave while on paid birth leave, or primary care giver’s","content":"An employee cannot access paid personal leave while on paid birth leave, or primary care giver’s\nleave, or adoption, permanent or long term care leave, but can apply for personal leave during\nunpaid birth leave or unpaid parental leave.","sortOrder":764},{"sectionNumber":"E4.58","sectionType":"clause","heading":"If the employee has exhausted all paid personal leave, personal leave without pay cannot be","content":"If the employee has exhausted all paid personal leave, personal leave without pay cannot be\nsubstituted for unpaid birth leave.","sortOrder":765},{"sectionNumber":"E4.59","sectionType":"clause","heading":"If an employee exhausts the employee’s paid personal leave entitlement and produces","content":"If an employee exhausts the employee’s paid personal leave entitlement and produces\ndocumentary evidence, as per subclause E4.37, as evidence of continuing personal illness or\ninjury, or requirement to care or provide support to a member of the employee’s immediate\nfamily or household, the employee may apply to the chief executive for approval to take annual\nleave or long service leave. If approved, this leave will not break the continuity of the 78 weeks\nunder subclause E4.41.","sortOrder":766},{"sectionNumber":"E5.2","sectionType":"clause","heading":"- Personal Leave in Special, Extraordinary or Unforeseen Circumstances","content":"- Personal Leave in Special, Extraordinary or Unforeseen Circumstances","sortOrder":767},{"sectionNumber":"E5.1","sectionType":"clause","heading":"Employees, other than casual employees, are eligible for personal leave in special, extraordinary or","content":"Employees, other than casual employees, are eligible for personal leave in special, extraordinary or\nunforeseen circumstances.","sortOrder":768},{"sectionNumber":"E5.2.2","sectionType":"clause","heading":"Personal leave in special, extraordinary or unforeseen circumstances, is non-cumulative and if","content":"Personal leave in special, extraordinary or unforeseen circumstances, is non-cumulative and if\ngranted is deducted from the employee’s personal leave balance.","sortOrder":769},{"sectionNumber":"E5.3","sectionType":"clause","heading":"The chief executive may grant a maximum of 10 days of personal leave, other than for personal","content":"The chief executive may grant a maximum of 10 days of personal leave, other than for personal\nillness or the care of a member of the employee’s immediate household who is sick or requires\nsupport, in an accrual year, in special, extraordinary, unforeseen or unexpected circumstances and\nCanberra Institute\nof Technology\nf_p_n_55_\n© Canberra Institute of Technology Page 53 of 195 Date updated: 18/01/2024\nwhere it is essential that the employee have leave from the workplace. These 10 days are in\naddition to the 7 days personal leave without documentary evidence.","sortOrder":770},{"sectionNumber":"E5.4","sectionType":"clause","heading":"While personal leave in special, extraordinary or unforeseen circumstances does not normally","content":"While personal leave in special, extraordinary or unforeseen circumstances does not normally\nrequire documentary evidence, the chief executive may request reasonable evidence before\ngranting the leave.","sortOrder":771},{"sectionNumber":"E5.5","sectionType":"clause","heading":"Personal leave in special, extraordinary or unforeseen circumstances must be granted with pay.","content":"Personal leave in special, extraordinary or unforeseen circumstances must be granted with pay.","sortOrder":772},{"sectionNumber":"E6.1","sectionType":"clause","heading":"Where an employee is prevented from attending for duty under the Public Health Act 1997,","content":"Where an employee is prevented from attending for duty under the Public Health Act 1997,\nthe chief executive may grant that employee personal leave during that period.","sortOrder":773},{"sectionNumber":"E6.2","sectionType":"clause","heading":"The employee may also apply for the absence or a part of it to be deducted from their annual","content":"The employee may also apply for the absence or a part of it to be deducted from their annual\nleave credit.","sortOrder":774},{"sectionNumber":"E7.3","sectionType":"clause","heading":"- Annual Leave*","content":"- Annual Leave*\nThis clause should be read in conjunction with clause M42 -.\nPurpose","sortOrder":775},{"sectionNumber":"E7.1","sectionType":"clause","heading":"Annual leave is available to employees to enable them to be absent from duty for the purposes","content":"Annual leave is available to employees to enable them to be absent from duty for the purposes\nof rest and recreation.\nEligibility","sortOrder":776},{"sectionNumber":"E7.2.2","sectionType":"clause","heading":"Annual leave is available to employees other than casual employees.","content":"Annual leave is available to employees other than casual employees.\nEntitlement","sortOrder":777},{"sectionNumber":"E7.3.2","sectionType":"clause","heading":"An employee may be granted annual leave up to their available credit from the first day of service.","content":"An employee may be granted annual leave up to their available credit from the first day of service.","sortOrder":778},{"sectionNumber":"E7.5","sectionType":"clause","heading":"An employee’s annual leave credit accrues on a daily basis according to the following formula:","content":"An employee’s annual leave credit accrues on a daily basis according to the following formula:\nTotal hours of leave accrued per day = (A x B x D) / C, where:","sortOrder":779},{"sectionNumber":"E7.5.1","sectionType":"clause","heading":"A = number of ordinary hours per week worked.","content":"A = number of ordinary hours per week worked.","sortOrder":780},{"sectionNumber":"E7.5.2","sectionType":"clause","heading":"B = one where the day counts as service or zero where the day does not count as","content":"B = one where the day counts as service or zero where the day does not count as\nservice or is an unauthorised absence.","sortOrder":781},{"sectionNumber":"E7.5.3","sectionType":"clause","heading":"C = number of calendar days in the year.","content":"C = number of calendar days in the year.","sortOrder":782},{"sectionNumber":"E7.5.4","sectionType":"clause","heading":"D = number of weeks of annual leave an employee is entitled to a year.","content":"D = number of weeks of annual leave an employee is entitled to a year.","sortOrder":783},{"sectionNumber":"E7.6","sectionType":"clause","heading":"For the purpose of subclause E7.5 the basic leave entitlement is one of the following:","content":"For the purpose of subclause E7.5 the basic leave entitlement is one of the following:","sortOrder":784},{"sectionNumber":"E7.6.1","sectionType":"clause","heading":"In the case of 36.75 hour workers, 147 hours annual leave for each full year worked; or","content":"In the case of 36.75 hour workers, 147 hours annual leave for each full year worked; or","sortOrder":785},{"sectionNumber":"E7.6.2","sectionType":"clause","heading":"In the case of 38 hour workers, 152 hours annual leave for each full year worked.","content":"In the case of 38 hour workers, 152 hours annual leave for each full year worked.","sortOrder":786},{"sectionNumber":"E7.7","sectionType":"clause","heading":"Shift workers who are regularly rostered to work on Sundays and work at least 10 Sundays in a","content":"Shift workers who are regularly rostered to work on Sundays and work at least 10 Sundays in a\nyear are entitled to an additional 5 days of paid annual leave per year.","sortOrder":787},{"sectionNumber":"E7.8","sectionType":"clause","heading":"Shift workers rostered to work on less than 10 Sundays during which annual leave will accrue are","content":"Shift workers rostered to work on less than 10 Sundays during which annual leave will accrue are\nentitled to additional annual leave at the rate of one tenth of a working week for each Sunday so\nrostered.","sortOrder":788},{"sectionNumber":"E7.9","sectionType":"clause","heading":"If an employee moves from one ACTPS directorate to another (including CIT), annual leave","content":"If an employee moves from one ACTPS directorate to another (including CIT), annual leave\naccrued with the first directorate will transfer to the second directorate.\nCanberra Institute\nof Technology\nf_p_n_56_\n© Canberra Institute of Technology Page 54 of 195 Date updated: 18/01/2024","sortOrder":789},{"sectionNumber":"E7.10","sectionType":"clause","heading":"An annual leave credit does not accrue to an employee if the employee is absent from duty on","content":"An annual leave credit does not accrue to an employee if the employee is absent from duty on\nleave for specified defence service, or full-time defence service. If the employee resumes duty\nafter a period of specified defence service, annual leave will accrue from the date the employee\nresumes duty.","sortOrder":790},{"sectionNumber":"E7.11","sectionType":"clause","heading":"Employees will receive payment on separation from CIT of any unused annual leave entitlement.","content":"Employees will receive payment on separation from CIT of any unused annual leave entitlement.\nEvidence and conditions","sortOrder":791},{"sectionNumber":"E7.12","sectionType":"clause","heading":"Employees are encouraged to use their annual leave in the year that it accrues, and to this end","content":"Employees are encouraged to use their annual leave in the year that it accrues, and to this end\nshould discuss their leave intentions with their manager or supervisor as soon as practicable.","sortOrder":792},{"sectionNumber":"E7.13","sectionType":"clause","heading":"An employee must make an application to the chief executive to access their annual leave","content":"An employee must make an application to the chief executive to access their annual leave\nentitlement.","sortOrder":793},{"sectionNumber":"E7.14","sectionType":"clause","heading":"Having considered the requirements of this clause the chief executive may approve an employee’s","content":"Having considered the requirements of this clause the chief executive may approve an employee’s\napplication to access annual leave.","sortOrder":794},{"sectionNumber":"E7.15","sectionType":"clause","heading":"The chief executive should approve an employee’s application to take annual leave, subject to","content":"The chief executive should approve an employee’s application to take annual leave, subject to\noperational requirements.","sortOrder":795},{"sectionNumber":"E7.16","sectionType":"clause","heading":"If the chief executive does not approve an employee’s application for annual leave because of","content":"If the chief executive does not approve an employee’s application for annual leave because of\noperational requirements, the chief executive must consult with the employee to determine a\nmutually convenient alternative time (or times) for the employee to take the leave.","sortOrder":796},{"sectionNumber":"E7.17","sectionType":"clause","heading":"The chief executive must, unless there are exceptional operational circumstances, approve an","content":"The chief executive must, unless there are exceptional operational circumstances, approve an\napplication for annual leave if it would enable an employee to reduce their annual leave credit\nbelow 2.5 years worth of accrued annual leave credit. However, in the case of exceptional\noperational circumstances, the chief executive must consult with the employee to determine\nthe time (or times) for the annual leave to be taken that is mutually convenient to both CIT and\nthe employee.","sortOrder":797},{"sectionNumber":"E7.18","sectionType":"clause","heading":"If an employee's annual leave is cancelled without reasonable notice, or an employee is recalled","content":"If an employee's annual leave is cancelled without reasonable notice, or an employee is recalled\nto duty from leave, the employee is entitled to be reimbursed reasonable travel costs and\nincidental expenses not otherwise recoverable under any insurance or from any other source.","sortOrder":798},{"sectionNumber":"E7.19","sectionType":"clause","heading":"If the operations of CIT, or part of CIT, are suspended at Christmas or another holiday period, the","content":"If the operations of CIT, or part of CIT, are suspended at Christmas or another holiday period, the\nchief executive may direct an employee to take annual leave at a time that is convenient to the\nworking of CIT, whether or not an application for leave has been made. However, this does not\naffect any other entitlements to leave under this Agreement.","sortOrder":799},{"sectionNumber":"E7.20","sectionType":"clause","heading":"If an employee has the equivalent of 2 years’ accrued credit of annual leave and unless","content":"If an employee has the equivalent of 2 years’ accrued credit of annual leave and unless\nexceptional operational circumstances exist, the employee and relevant manager or supervisor\nmust agree, and implement an annual leave usage plan to ensure the employee’s accrued leave\ncredit will not exceed an accrued 2.5 years worth of annual leave credit.","sortOrder":800},{"sectionNumber":"E7.21","sectionType":"clause","heading":"If an employee does not agree to a reasonable annual leave usage plan the chief executive may","content":"If an employee does not agree to a reasonable annual leave usage plan the chief executive may\ndirect an employee who has accrued 2.5 years worth of accrued annual leave credit to take\nenough annual leave to reduce the accrued leave credit to the equivalent of 2 years’ accrued\ncredit, subject to giving the employee one calendar month notice. This clause does not apply to\nan employee who is on graduated return to work following compensation leave.","sortOrder":801},{"sectionNumber":"E7.22","sectionType":"clause","heading":"An employee must reduce their annual leave credit to 2.5 years worth of entitlement or less within","content":"An employee must reduce their annual leave credit to 2.5 years worth of entitlement or less within","sortOrder":802},{"sectionNumber":"12","sectionType":"clause","heading":"months if their credit exceeds 2.5 years worth of entitlement at any of the following points in","content":"months if their credit exceeds 2.5 years worth of entitlement at any of the following points in\ntime:","sortOrder":803},{"sectionNumber":"E7.22.3","sectionType":"clause","heading":"On returning to duty from compensation leave.","content":"On returning to duty from compensation leave.\nCanberra Institute\nof Technology\nf_p_n_57_\n© Canberra Institute of Technology Page 55 of 195 Date updated: 18/01/2024","sortOrder":804},{"sectionNumber":"E7.23","sectionType":"clause","heading":"An employee may not be directed under subclause E7.21 to take annual leave where the","content":"An employee may not be directed under subclause E7.21 to take annual leave where the\nemployee has made an application for a period of annual leave equal to or greater than the\nperiod specified in subclause E7.21 in the past 6 months and the application was not approved.\nThe manager or supervisor and the employee may agree to vary an annual leave usage plan.\nRate of payment","sortOrder":805},{"sectionNumber":"E7.25","sectionType":"clause","heading":"Payment for the annual leave is based on the employee’s ordinary hourly rate of pay, including","content":"Payment for the annual leave is based on the employee’s ordinary hourly rate of pay, including\nallowances that count for all purposes for the time the leave is taken. If an employee is being\npaid HDA before going on paid leave and would have continued to receive HDA had they not\ntaken leave then the employee is entitled to payment of HDA during the leave.","sortOrder":806},{"sectionNumber":"E7.26","sectionType":"clause","heading":"The chief executive may approve an application in accordance with clause B20 -for annual leave","content":"The chief executive may approve an application in accordance with clause B20 -for annual leave\nto be taken at half pay with credits to be deducted on the same basis.\nEffect on other entitlements","sortOrder":807},{"sectionNumber":"E7.27","sectionType":"clause","heading":"Annual leave counts as service for all purposes.","content":"Annual leave counts as service for all purposes.","sortOrder":808},{"sectionNumber":"E7.28","sectionType":"clause","heading":"Public holidays for which the employee is entitled to payment that fall during periods of absence","content":"Public holidays for which the employee is entitled to payment that fall during periods of absence\non annual leave will be paid as a normal public holiday and must not be deducted from the\nemployee’s annual leave balance.\nInteraction with other leave entitlements","sortOrder":809},{"sectionNumber":"E7.29","sectionType":"clause","heading":"If personal leave is granted to the employee while they are on a period of annual leave, the","content":"If personal leave is granted to the employee while they are on a period of annual leave, the\nannual leave must be re-credited for the period of paid personal leave granted.","sortOrder":810},{"sectionNumber":"E7.30","sectionType":"clause","heading":"Subject to the approval of the chief executive, an employee who is on unpaid leave may be","content":"Subject to the approval of the chief executive, an employee who is on unpaid leave may be\ngranted annual leave during that period, unless otherwise stated in this Agreement.","sortOrder":811},{"sectionNumber":"E7.31","sectionType":"clause","heading":"If an employee is prevented from attending for duty under the Public Health Act 1997, the","content":"If an employee is prevented from attending for duty under the Public Health Act 1997, the\nchief executive may grant annual leave during that period.\nPayment in lieu of annual leave","sortOrder":812},{"sectionNumber":"E7.32","sectionType":"clause","heading":"On receiving a request in writing from an employee, the chief executive may approve payment in","content":"On receiving a request in writing from an employee, the chief executive may approve payment in\nlieu of an employee using annual leave credit subject to all the following:","sortOrder":813},{"sectionNumber":"E7.32.1","sectionType":"clause","heading":"The employee must take at least one week of annual leave in conjunction with the","content":"The employee must take at least one week of annual leave in conjunction with the\npayment in lieu of annual leave or the employee has taken at least one week of\nannual leave in the past 6 months.","sortOrder":814},{"sectionNumber":"E7.32.2","sectionType":"clause","heading":"The payment in lieu must not result in a reduction in the balance of the employee’s","content":"The payment in lieu must not result in a reduction in the balance of the employee’s\nremaining annual leave credit to below one year’s accrued entitlement.","sortOrder":815},{"sectionNumber":"E7.33","sectionType":"clause","heading":"Payment in lieu of annual leave is based on the employee’s ordinary hourly rate of pay,","content":"Payment in lieu of annual leave is based on the employee’s ordinary hourly rate of pay,\nincluding allowances that count for all purposes at the date of application. The payment in lieu\nis based on the pay that the employee would have received for a notional period of leave\nequal to the credit being paid in lieu on the day the application is made.","sortOrder":816},{"sectionNumber":"E8.2","sectionType":"clause","heading":"- Annual Leave Loading*","content":"- Annual Leave Loading*\nThis clause should be read in conjunction with clause M43 -.\nPurpose","sortOrder":817},{"sectionNumber":"E8.1","sectionType":"clause","heading":"Annual leave loading is available to employees to provide monetary assistance while they are on","content":"Annual leave loading is available to employees to provide monetary assistance while they are on\nannual leave.\nCanberra Institute\nof Technology\nf_p_n_58_\n© Canberra Institute of Technology Page 56 of 195 Date updated: 18/01/2024\nEligibility","sortOrder":818},{"sectionNumber":"E8.2.2","sectionType":"clause","heading":"Employees who accrue annual leave under clause E7 - are entitled to an annual leave loading.","content":"Employees who accrue annual leave under clause E7 - are entitled to an annual leave loading.\nPart-time employees are paid the annual leave loading on a pro rata basis.\nEntitlement","sortOrder":819},{"sectionNumber":"E8.3","sectionType":"clause","heading":"Where an employee's entitlement is based on paragraph E8.7.1, the leave loading payable is","content":"Where an employee's entitlement is based on paragraph E8.7.1, the leave loading payable is\nsubject to a maximum payment. This maximum payment is the equivalent of the Australian\nBureau of Statistics' male average weekly total earnings for the May quarter of the year before\nthe year in which the date of accrual occurs. Where the leave accrual is less than for a full year,\nthis maximum is applied on a pro rata basis.","sortOrder":820},{"sectionNumber":"E8.4","sectionType":"clause","heading":"An employee whose employment ceases and who is entitled to payment of accumulated annual","content":"An employee whose employment ceases and who is entitled to payment of accumulated annual\nleave or pro rata annual leave must be paid any accrued annual leave loading not yet paid and\nleave loading on pro rata annual leave entitlement due on separation.\nEvidence and conditions","sortOrder":821},{"sectionNumber":"E8.5","sectionType":"clause","heading":"Annual leave loading accrued is paid at such a time as the employee nominates, by making a","content":"Annual leave loading accrued is paid at such a time as the employee nominates, by making a\nwritten request to the chief executive.","sortOrder":822},{"sectionNumber":"E8.6","sectionType":"clause","heading":"Any unpaid annual leave loading accrued by employees must be paid on the first payday in","content":"Any unpaid annual leave loading accrued by employees must be paid on the first payday in\nNovember following its accrual.\nRate of payment","sortOrder":823},{"sectionNumber":"E8.7","sectionType":"clause","heading":"The amount of an employee's entitlement under subclause E8.2 is based on whichever is the","content":"The amount of an employee's entitlement under subclause E8.2 is based on whichever is the\ngreater of the following:","sortOrder":824},{"sectionNumber":"E8.7.1","sectionType":"clause","heading":"Subject to subclause E8.3, 17.5% of the employee’s ordinary hourly rate of pay on 1","content":"Subject to subclause E8.3, 17.5% of the employee’s ordinary hourly rate of pay on 1\nJanuary multiplied by the number of hours of annual leave accrued during the\npreceding calendar year (excluding shift penalties).","sortOrder":825},{"sectionNumber":"E8.7.2","sectionType":"clause","heading":"Any shift penalties that the employee would have received had the employee not","content":"Any shift penalties that the employee would have received had the employee not\nbeen on approved annual leave.","sortOrder":826},{"sectionNumber":"E9.1","sectionType":"clause","heading":"Purchased leave is available to employees to enable them to be absent from duty to support","content":"Purchased leave is available to employees to enable them to be absent from duty to support\ntheir work-life balance.\nEligibility","sortOrder":827},{"sectionNumber":"E9.2.2","sectionType":"clause","heading":"Employees, other than casual employees, are eligible to apply to purchase leave.","content":"Employees, other than casual employees, are eligible to apply to purchase leave.\nEntitlement","sortOrder":828},{"sectionNumber":"E9.3","sectionType":"clause","heading":"Employees may purchase leave in addition to the employee’s usual annual leave entitlement, up","content":"Employees may purchase leave in addition to the employee’s usual annual leave entitlement, up\nto a maximum of 12 weeks in any 12 month period, subject to chief executive approval.","sortOrder":829},{"sectionNumber":"E9.4","sectionType":"clause","heading":"An employee may apply, at any time, to the chief executive for approval to participate in the","content":"An employee may apply, at any time, to the chief executive for approval to participate in the\npurchased leave scheme.","sortOrder":830},{"sectionNumber":"E9.5","sectionType":"clause","heading":"The application must specify the amount of leave to be purchased in whole weeks up to a","content":"The application must specify the amount of leave to be purchased in whole weeks up to a\nmaximum of 12 weeks in any 12 month period, and the period over which the additional leave is\nto be acquitted.","sortOrder":831},{"sectionNumber":"E9.6","sectionType":"clause","heading":"Approval by the chief executive for an employee to purchase and use purchased leave, is subject","content":"Approval by the chief executive for an employee to purchase and use purchased leave, is subject\nto both the operational requirements of the workplace and the personal responsibilities of the\nemployee.\nCanberra Institute\nof Technology\nf_p_n_59_\n© Canberra Institute of Technology Page 57 of 195 Date updated: 18/01/2024","sortOrder":832},{"sectionNumber":"E9.7","sectionType":"clause","heading":"Approval to purchase additional leave must not be given where an employee has an annual","content":"Approval to purchase additional leave must not be given where an employee has an annual\nleave balance of 2.5 years worth of annual leave credit or more, except where the employee\nintends to use all excess annual leave credit before taking purchased leave.","sortOrder":833},{"sectionNumber":"E9.8","sectionType":"clause","heading":"Once an employee commences participation in the scheme, the employee may only opt out of","content":"Once an employee commences participation in the scheme, the employee may only opt out of\nthe scheme before the expiration of the agreed acquittal period if any of the following apply:","sortOrder":834},{"sectionNumber":"E9.8.1","sectionType":"clause","heading":"The employee can demonstrate in writing that exceptional circumstances exist and","content":"The employee can demonstrate in writing that exceptional circumstances exist and\nthe chief executive agrees. For example, unforeseen financial hardship.","sortOrder":835},{"sectionNumber":"E9.8.2","sectionType":"clause","heading":"The employee’s employment with CIT ceases before the expiration of the agreed","content":"The employee’s employment with CIT ceases before the expiration of the agreed\nacquittal period.","sortOrder":836},{"sectionNumber":"E9.8.3","sectionType":"clause","heading":"The employee proceeds on paid birth or primary care giver leave.","content":"The employee proceeds on paid birth or primary care giver leave.","sortOrder":837},{"sectionNumber":"E9.9","sectionType":"clause","heading":"If an employee transfers from one ACTPS directorate to another ACTPS directorate (including","content":"If an employee transfers from one ACTPS directorate to another ACTPS directorate (including\nCIT) during the agreed acquittal period, the employee’s continuation in the purchased leave\nscheme is subject to the separate approval of the gaining directorate. Where such approval is\nnot given, any money owing to the employee in respect of purchased leave not taken must be\nrefunded to the employee as soon as practicable. Any shortfall in payments must be deducted\nfrom monies owing to the employee.\nEvidence and conditions","sortOrder":838},{"sectionNumber":"E9.10","sectionType":"clause","heading":"An employee should discuss with their manager or supervisor, as soon practicable, their","content":"An employee should discuss with their manager or supervisor, as soon practicable, their\nintention to be absent on purchased leave.","sortOrder":839},{"sectionNumber":"E9.11","sectionType":"clause","heading":"An employee must make an application to the chief executive to access their purchased leave","content":"An employee must make an application to the chief executive to access their purchased leave\nentitlement.","sortOrder":840},{"sectionNumber":"E9.12","sectionType":"clause","heading":"Having considered the requirements of this clause the chief executive may approve an","content":"Having considered the requirements of this clause the chief executive may approve an\nemployee’s application to access purchased leave. A decision not to approve the leave must be\nmade in accordance with subclause E3.1.","sortOrder":841},{"sectionNumber":"E9.13","sectionType":"clause","heading":"Approval by the chief executive to grant purchased leave is subject to the operational","content":"Approval by the chief executive to grant purchased leave is subject to the operational\nrequirements of the workplace, the personal responsibilities of the employee and appropriate\nperiods of notice.","sortOrder":842},{"sectionNumber":"E9.14","sectionType":"clause","heading":"A minimum of one week of purchased leave, or the pro rata equivalent for part-time employees,","content":"A minimum of one week of purchased leave, or the pro rata equivalent for part-time employees,\nmust be taken at any one time unless the remaining balance is less than one week or the chief\nexecutive is satisfied, on evidence presented, there are exceptional circumstances which warrant\npurchased leave being taken in shorter periods.","sortOrder":843},{"sectionNumber":"E9.15","sectionType":"clause","heading":"Purchased leave must be used within the agreed acquittal period, not exceeding 12 months from","content":"Purchased leave must be used within the agreed acquittal period, not exceeding 12 months from\nthe date of commencement in the scheme. Purchased leave not taken within the agreed acquittal\nperiod will be forfeited and the value of the leave refunded to the employee at the end of the\nacquittal period.\nRate of payment","sortOrder":844},{"sectionNumber":"E9.16","sectionType":"clause","heading":"While an employee is on a period of purchased leave the employee must be paid at the rate of pay","content":"While an employee is on a period of purchased leave the employee must be paid at the rate of pay\nused to calculate the employee’s deduction.","sortOrder":845},{"sectionNumber":"E9.17","sectionType":"clause","heading":"Purchased leave will be paid for by a fortnightly deduction from the employee’s pay over an","content":"Purchased leave will be paid for by a fortnightly deduction from the employee’s pay over an\nagreed acquittal period not exceeding 12 months from the date the employee commences\nparticipation in the scheme.","sortOrder":846},{"sectionNumber":"E9.18","sectionType":"clause","heading":"Fortnightly deductions, from the employee’s pay, will commence as soon as practicable following","content":"Fortnightly deductions, from the employee’s pay, will commence as soon as practicable following\napproval of the employee’s application to participate in the purchased leave scheme. The\ndeductions will be calculated on the employee’s pay at the date of commencement of\nparticipation in the scheme, the amount of leave to be purchased and the agreed acquittal period.\nCanberra Institute\nof Technology\nf_p_n_60_\n© Canberra Institute of Technology Page 58 of 195 Date updated: 18/01/2024","sortOrder":847},{"sectionNumber":"E9.19","sectionType":"clause","heading":"Despite subclause E9.18, if the employee’s pay changes during the acquittal period the employee","content":"Despite subclause E9.18, if the employee’s pay changes during the acquittal period the employee\nmay apply to the chief executive for the deduction to be recalculated.","sortOrder":848},{"sectionNumber":"E9.20","sectionType":"clause","heading":"Fortnightly tax deductions are calculated on the employee’s gross pay after the deduction has","content":"Fortnightly tax deductions are calculated on the employee’s gross pay after the deduction has\nbeen made for purchased leave.","sortOrder":849},{"sectionNumber":"E9.21","sectionType":"clause","heading":"Subject to subclause E9.22, allowances in the nature of pay may be included in the calculation","content":"Subject to subclause E9.22, allowances in the nature of pay may be included in the calculation\nof purchased leave payments if both the following apply:","sortOrder":850},{"sectionNumber":"E9.21.1","sectionType":"clause","heading":"The chief executive and the employee agree any or all of these allowances are","content":"The chief executive and the employee agree any or all of these allowances are\nappropriate.","sortOrder":851},{"sectionNumber":"E9.21.2","sectionType":"clause","heading":"There is the likelihood the allowance will continue to be received over the duration","content":"There is the likelihood the allowance will continue to be received over the duration\nof the acquittal period.","sortOrder":852},{"sectionNumber":"E9.22","sectionType":"clause","heading":"Disability allowances, which are paid according to the hours worked, cannot be included for the","content":"Disability allowances, which are paid according to the hours worked, cannot be included for the\npurposes of calculating purchased leave payments.\nEffect on other entitlements","sortOrder":853},{"sectionNumber":"E9.23","sectionType":"clause","heading":"Leave taken as purchased leave counts as service for all purposes.","content":"Leave taken as purchased leave counts as service for all purposes.","sortOrder":854},{"sectionNumber":"E9.24","sectionType":"clause","heading":"Public Holidays for which the employee is entitled to payment that fall during periods of absence","content":"Public Holidays for which the employee is entitled to payment that fall during periods of absence\non purchased leave must be paid as a normal public holiday and not deducted from the\nemployee’s purchased leave balance.","sortOrder":855},{"sectionNumber":"E9.25","sectionType":"clause","heading":"Purchased leave does not affect the payment and timing of pay increments or the accrual of other","content":"Purchased leave does not affect the payment and timing of pay increments or the accrual of other\nforms of leave.","sortOrder":856},{"sectionNumber":"E9.26","sectionType":"clause","heading":"The purchase of additional leave under this clause does not affect the superannuation","content":"The purchase of additional leave under this clause does not affect the superannuation\nobligations of CIT or the employee involved.\nInteraction with other leave types","sortOrder":857},{"sectionNumber":"E9.27","sectionType":"clause","heading":"Where an employee provides a certificate from a registered medical practitioner or registered","content":"Where an employee provides a certificate from a registered medical practitioner or registered\nhealth professional operating within their scope of practice for a personal illness or injury or for\nthe purpose of providing care or support for a member of the employee’s family who is ill or\ninjured or who is experiencing an unexpected emergency during a period of absence on\npurchased leave, the employee will have the purchased leave re-credited for that period\ncovered by the certificate, and substituted by personal leave.","sortOrder":858},{"sectionNumber":"E9.28","sectionType":"clause","heading":"An employee participating in the scheme who proceeds on paid birth or primary care giver’s","content":"An employee participating in the scheme who proceeds on paid birth or primary care giver’s\nleave must elect to do one of the following:","sortOrder":859},{"sectionNumber":"E9.28.1","sectionType":"clause","heading":"Exit the purchased leave scheme and have any money owing refunded.","content":"Exit the purchased leave scheme and have any money owing refunded.","sortOrder":860},{"sectionNumber":"E9.28.2","sectionType":"clause","heading":"Subject to subclause E9.29, remain in the scheme and have pay deductions","content":"Subject to subclause E9.29, remain in the scheme and have pay deductions\ncontinue during the period of paid birth or primary care giver’s leave.","sortOrder":861},{"sectionNumber":"E9.29","sectionType":"clause","heading":"Purchased leave taken during an employee’s absence on birth or primary care giver’s leave does","content":"Purchased leave taken during an employee’s absence on birth or primary care giver’s leave does\nnot extend the employee’s total period of birth leave or primary care giver’s leave.","sortOrder":862},{"sectionNumber":"E9.30","sectionType":"clause","heading":"An employee participating in the scheme who is in receipt of paid workers’ compensation will","content":"An employee participating in the scheme who is in receipt of paid workers’ compensation will\nhave pay deductions for purchased leave continue. Normal conditions for purchased leave will\napply for employees on graduated return to work programs; however, entry into the scheme\nshould be discussed with the rehabilitation case manager.","sortOrder":863},{"sectionNumber":"E10.1","sectionType":"clause","heading":"Public holidays are available to employees other than casual employees.","content":"Public holidays are available to employees other than casual employees.\nCanberra Institute\nof Technology\nf_p_n_61_\n© Canberra Institute of Technology Page 59 of 195 Date updated: 18/01/2024\nEntitlement","sortOrder":864},{"sectionNumber":"E10.2","sectionType":"clause","heading":"Employees are entitled to be absent from duty on a day, or part of a day, that is a public","content":"Employees are entitled to be absent from duty on a day, or part of a day, that is a public\nholiday, in accordance with the FW Act and this clause.","sortOrder":865},{"sectionNumber":"E10.3","sectionType":"clause","heading":"The following days are observed as public holidays under this Agreement:","content":"The following days are observed as public holidays under this Agreement:","sortOrder":866},{"sectionNumber":"E10.3.1","sectionType":"clause","heading":"The 1 January (New Year’s Day), and, if that day falls on a Saturday or Sunday, the","content":"The 1 January (New Year’s Day), and, if that day falls on a Saturday or Sunday, the\nfollowing Monday.","sortOrder":867},{"sectionNumber":"E10.3.2","sectionType":"clause","heading":"The 26 January (Australia Day), or, if that day falls on a Saturday or Sunday, the","content":"The 26 January (Australia Day), or, if that day falls on a Saturday or Sunday, the\nfollowing Monday.","sortOrder":868},{"sectionNumber":"E10.3.8","sectionType":"clause","heading":"The 25 April (Anzac Day), or, if that day falls on a Saturday or Sunday, the following","content":"The 25 April (Anzac Day), or, if that day falls on a Saturday or Sunday, the following\nMonday.","sortOrder":869},{"sectionNumber":"E10.3.9","sectionType":"clause","heading":"The 27 May (Reconciliation Day), or, if that day is not a Monday, the following","content":"The 27 May (Reconciliation Day), or, if that day is not a Monday, the following\nMonday.","sortOrder":870},{"sectionNumber":"E10.3.10","sectionType":"clause","heading":"The 2nd Monday in June (the day for the observance of the anniversary of the","content":"The 2nd Monday in June (the day for the observance of the anniversary of the\nbirthday of the Sovereign).","sortOrder":871},{"sectionNumber":"E10.3.12","sectionType":"clause","heading":"(a) If Christmas Day falls on a Saturday, the following Monday; or","content":"(a) If Christmas Day falls on a Saturday, the following Monday; or","sortOrder":872},{"sectionNumber":"E10.3.12.2","sectionType":"clause","heading":"(b) If Christmas Day falls on a Sunday, the following Tuesday.","content":"(b) If Christmas Day falls on a Sunday, the following Tuesday.","sortOrder":873},{"sectionNumber":"E10.3.13","sectionType":"clause","heading":"(a) If Boxing Day falls on a Saturday—the following Monday; or","content":"(a) If Boxing Day falls on a Saturday—the following Monday; or","sortOrder":874},{"sectionNumber":"E10.3.13.2","sectionType":"clause","heading":"(b) if that day falls on a Sunday—the following Tuesday.","content":"(b) if that day falls on a Sunday—the following Tuesday.","sortOrder":875},{"sectionNumber":"E10.4","sectionType":"clause","heading":"In addition to the public holidays provided for under subclause E10.3, employees are entitled","content":"In addition to the public holidays provided for under subclause E10.3, employees are entitled\nto be absent from duty as if it were a public holiday on all of the following:","sortOrder":876},{"sectionNumber":"E10.4.1","sectionType":"clause","heading":"The next business day after Boxing Day, or one of the following:","content":"The next business day after Boxing Day, or one of the following:","sortOrder":877},{"sectionNumber":"E10.4.1.2","sectionType":"clause","heading":"(a) If Boxing Day falls on a Saturday, the following Tuesday.","content":"(a) If Boxing Day falls on a Saturday, the following Tuesday.","sortOrder":878},{"sectionNumber":"E10.4.1.3","sectionType":"clause","heading":"(b) If Boxing Day falls on a Sunday, the following Wednesday.","content":"(b) If Boxing Day falls on a Sunday, the following Wednesday.","sortOrder":879},{"sectionNumber":"E10.4.2","sectionType":"clause","heading":"Any other day, or a part of any other day, that the Minister declares to be a public","content":"Any other day, or a part of any other day, that the Minister declares to be a public\nholiday in the ACT under the Holidays Act 1958 (the Holidays Act).","sortOrder":880},{"sectionNumber":"E10.4.3","sectionType":"clause","heading":"Any other day, or a part of any other day, that the head of service declares to be a","content":"Any other day, or a part of any other day, that the head of service declares to be a\nholiday under subsection 17(5) of the PSM Act.","sortOrder":881},{"sectionNumber":"E10.5","sectionType":"clause","heading":"Where a day identified in subclause E10.3 is replaced by another day by an amendment to the","content":"Where a day identified in subclause E10.3 is replaced by another day by an amendment to the\nHolidays Act, the replacement day will be observed as the public holiday in its place.","sortOrder":882},{"sectionNumber":"E10.6","sectionType":"clause","heading":"An employee and the chief executive may agree on the substitution of a day or part day that","content":"An employee and the chief executive may agree on the substitution of a day or part day that\nwould otherwise be a public holiday, having regard to operational requirements.\nCanberra Institute\nof Technology\nf_p_n_62_\n© Canberra Institute of Technology Page 60 of 195 Date updated: 18/01/2024","sortOrder":883},{"sectionNumber":"E10.7","sectionType":"clause","heading":"If an arrangement described under clause E10.6 is not practical in relation to the operational and","content":"If an arrangement described under clause E10.6 is not practical in relation to the operational and\nbusiness requirements of CIT, the employee may, with the approval of the chief executive, observe\na day of cultural or religious significance to the employee as a holiday and make up the equivalent\nhours at some other agreed time.\nRate of payment","sortOrder":884},{"sectionNumber":"E10.8","sectionType":"clause","heading":"Subject to subclause E10.9 and subclause E10.10, where an employee who is entitled to be","content":"Subject to subclause E10.9 and subclause E10.10, where an employee who is entitled to be\nabsent from duty on a day, or a part of a day, that is a public holiday, and the employee is\nabsent from duty, the employee will be paid at the employee's ordinary hourly rate for the\nemployee's ordinary hours of work on that day or part-day.","sortOrder":885},{"sectionNumber":"E10.9","sectionType":"clause","heading":"A part-time employee is entitled to observe a public holiday without loss of pay if the","content":"A part-time employee is entitled to observe a public holiday without loss of pay if the\nemployee would usually have been required to work on the day of the week on which the\npublic holiday falls. To remove any doubt, a part-time employee whose regular part-time\nhours do not fall on a public holiday will not be paid for that public holiday.","sortOrder":886},{"sectionNumber":"E10.10","sectionType":"clause","heading":"An employee will not be paid for a public holiday which occurs during a period of leave","content":"An employee will not be paid for a public holiday which occurs during a period of leave\nwithout pay.","sortOrder":887},{"sectionNumber":"E10.11","sectionType":"clause","heading":"If a public holiday occurs on the day immediately before or immediately after an employee is","content":"If a public holiday occurs on the day immediately before or immediately after an employee is\non a period of leave without pay the employee is entitled to be paid for the public holiday.\nEffect on other entitlements","sortOrder":888},{"sectionNumber":"E10.12","sectionType":"clause","heading":"Subject to subclause E10.13, public holidays count as service for all purposes.","content":"Subject to subclause E10.13, public holidays count as service for all purposes.","sortOrder":889},{"sectionNumber":"E10.13","sectionType":"clause","heading":"A public holiday does not count as service if it occurs while the employee is on a period of","content":"A public holiday does not count as service if it occurs while the employee is on a period of\nleave not to count as service.","sortOrder":890},{"sectionNumber":"E11.2","sectionType":"clause","heading":"- Christmas Shutdown*","content":"- Christmas Shutdown*\nDetails of Christmas Shutdown for employees covered by this Agreement are contained in clause M8 -.","sortOrder":891},{"sectionNumber":"E12.1","sectionType":"clause","heading":"Compassionate leave is available to employees to enable them to be absent from duty when one","content":"Compassionate leave is available to employees to enable them to be absent from duty when one\nof the following applies to a member of an employee’s immediate family or household:","sortOrder":892},{"sectionNumber":"E12.1.1","sectionType":"clause","heading":"They have a personal illness or injury that poses a serious threat to the person’s life.","content":"They have a personal illness or injury that poses a serious threat to the person’s life.","sortOrder":893},{"sectionNumber":"E12.1.2","sectionType":"clause","heading":"They die, including where a child is stillborn.","content":"They die, including where a child is stillborn.","sortOrder":894},{"sectionNumber":"E12.2","sectionType":"clause","heading":"Compassionate leave is available to enable them to be absent from duty when they experience a","content":"Compassionate leave is available to enable them to be absent from duty when they experience a\nmiscarriage or when an employee’s domestic partner has experienced a miscarriage.\nEligibility","sortOrder":895},{"sectionNumber":"E12.3","sectionType":"clause","heading":"Compassionate leave is available to all employees.","content":"Compassionate leave is available to all employees.\nEntitlement","sortOrder":896},{"sectionNumber":"E12.4","sectionType":"clause","heading":"An employee may be granted compassionate leave from the first day of service.","content":"An employee may be granted compassionate leave from the first day of service.","sortOrder":897},{"sectionNumber":"E12.6","sectionType":"clause","heading":"Employees are entitled to up to 5 days of compassionate leave on each occasion of the death","content":"Employees are entitled to up to 5 days of compassionate leave on each occasion of the death\nof a member of the employee’s immediate family or household. The chief executive may grant\nan additional paid or unpaid period of compassionate leave for this purpose.","sortOrder":898},{"sectionNumber":"E12.7","sectionType":"clause","heading":"Employees are entitled to up to 2 days of compassionate leave on each occasion of personal illness","content":"Employees are entitled to up to 2 days of compassionate leave on each occasion of personal illness\nor injury of a member of the employee’s immediate family or household that poses a serious\nCanberra Institute\nof Technology\nf_p_n_63_\n© Canberra Institute of Technology Page 61 of 195 Date updated: 18/01/2024\nthreat to the person’s life. The chief executive may grant an additional paid or unpaid period of\ncompassionate leave for this purpose.\nEvidence and conditions","sortOrder":899},{"sectionNumber":"E12.8","sectionType":"clause","heading":"The employee should discuss with their manager or supervisor, as soon as practicable, their","content":"The employee should discuss with their manager or supervisor, as soon as practicable, their\nabsence or intention to be absent on compassionate leave.","sortOrder":900},{"sectionNumber":"E12.9","sectionType":"clause","heading":"An employee must make an application to the chief executive to access compassionate leave.","content":"An employee must make an application to the chief executive to access compassionate leave.","sortOrder":901},{"sectionNumber":"E12.10","sectionType":"clause","heading":"The chief executive may request evidence that would satisfy a reasonable person that an","content":"The chief executive may request evidence that would satisfy a reasonable person that an\napplication for compassionate leave is for a purpose specified in subclause E12.1.","sortOrder":902},{"sectionNumber":"E12.11","sectionType":"clause","heading":"Having met the requirements of this clause, the chief executive must approve an employee’s","content":"Having met the requirements of this clause, the chief executive must approve an employee’s\napplication to access compassionate leave.","sortOrder":903},{"sectionNumber":"E12.12","sectionType":"clause","heading":"If the employee has not provided the evidence requested under subclause E12.10, a decision","content":"If the employee has not provided the evidence requested under subclause E12.10, a decision\nnot to approve the leave may be taken in accordance with subclause E3.1.\nRate of payment","sortOrder":904},{"sectionNumber":"E12.13","sectionType":"clause","heading":"Compassionate leave must be granted with pay, except for casual employees and except","content":"Compassionate leave must be granted with pay, except for casual employees and except\nwhere it is granted without pay under subclause E12.6 or subclause E12.7.","sortOrder":905},{"sectionNumber":"E12.14","sectionType":"clause","heading":"Compassionate leave is paid at the employee’s base rate of pay, including relevant allowances","content":"Compassionate leave is paid at the employee’s base rate of pay, including relevant allowances\nfor the ordinary hours the employee would have worked during the leave.\nEffect on other entitlements","sortOrder":906},{"sectionNumber":"E12.15","sectionType":"clause","heading":"Compassionate leave with pay counts as service for all purposes.","content":"Compassionate leave with pay counts as service for all purposes.","sortOrder":907},{"sectionNumber":"E12.16","sectionType":"clause","heading":"Public Holidays for which the employee is entitled to payment that fall during periods of absence","content":"Public Holidays for which the employee is entitled to payment that fall during periods of absence\non paid compassionate leave must be paid as a normal public holiday and will not be considered\nan absence on compassionate leave.\nInteraction with other leave types","sortOrder":908},{"sectionNumber":"E12.17","sectionType":"clause","heading":"If compassionate leave of at least one day is granted while an employee is absent on another","content":"If compassionate leave of at least one day is granted while an employee is absent on another\ntype of leave, the other type of leave must be re-credited for the period of the absence on\ncompassionate leave.","sortOrder":909},{"sectionNumber":"E13.1","sectionType":"clause","heading":"Community service leave is available to employees to allow them to be absent from the","content":"Community service leave is available to employees to allow them to be absent from the\nworkplace to engage in the following 3 distinct types of community service activities:","sortOrder":910},{"sectionNumber":"E13.1.1","sectionType":"clause","heading":"Jury service (including attendance for jury selection) that is required by or under a","content":"Jury service (including attendance for jury selection) that is required by or under a\nlaw of the Commonwealth, a State or a Territory.","sortOrder":911},{"sectionNumber":"E13.1.2","sectionType":"clause","heading":"A voluntary emergency management activity.","content":"A voluntary emergency management activity.","sortOrder":912},{"sectionNumber":"E13.1.3","sectionType":"clause","heading":"Other recognised voluntary community service activities.","content":"Other recognised voluntary community service activities.\nJury Service\nEligibility","sortOrder":913},{"sectionNumber":"E13.2","sectionType":"clause","heading":"Community service leave for jury service is available to all employees.","content":"Community service leave for jury service is available to all employees.\nEvidence and conditions","sortOrder":914},{"sectionNumber":"E13.3","sectionType":"clause","heading":"Although the granting of community service leave for jury service is deemed to be approved,","content":"Although the granting of community service leave for jury service is deemed to be approved,\nan employee must do both the following:","sortOrder":915},{"sectionNumber":"E13.3.1","sectionType":"clause","heading":"Submit a leave application for the period of the absence.","content":"Submit a leave application for the period of the absence.\nCanberra Institute\nof Technology\nf_p_n_64_\n© Canberra Institute of Technology Page 62 of 195 Date updated: 18/01/2024","sortOrder":916},{"sectionNumber":"E13.3.2","sectionType":"clause","heading":"Provide sufficient documentary evidence of the reason for the absence.","content":"Provide sufficient documentary evidence of the reason for the absence.","sortOrder":917},{"sectionNumber":"E13.4","sectionType":"clause","heading":"The employee should discuss with their manager or supervisor their intention to be absent on","content":"The employee should discuss with their manager or supervisor their intention to be absent on\ncommunity service leave for jury service.\nRate of payment","sortOrder":918},{"sectionNumber":"E13.5","sectionType":"clause","heading":"Community service leave for jury service must be granted with pay to employees other than","content":"Community service leave for jury service must be granted with pay to employees other than\ncasual employees.","sortOrder":919},{"sectionNumber":"E13.6","sectionType":"clause","heading":"If the employee is paid jury fees, this amount must be deducted from the employee’s pay less","content":"If the employee is paid jury fees, this amount must be deducted from the employee’s pay less\nreasonable out-of-pocket expenses.\nEffect on Other Entitlements","sortOrder":920},{"sectionNumber":"E13.7","sectionType":"clause","heading":"Community service leave for jury service counts as service for all purposes.","content":"Community service leave for jury service counts as service for all purposes.","sortOrder":921},{"sectionNumber":"E13.8","sectionType":"clause","heading":"Public holidays for which the employee is entitled to payment that fall during periods of","content":"Public holidays for which the employee is entitled to payment that fall during periods of\nabsence on paid community service leave for jury service must be paid as a normal public\nholiday and will not be considered to be community service leave for jury service.\nVoluntary Emergency Management\nEligibility","sortOrder":922},{"sectionNumber":"E13.9","sectionType":"clause","heading":"An employee who is a member of a relevant voluntary emergency management service, including","content":"An employee who is a member of a relevant voluntary emergency management service, including\nany of the following, is eligible for community service leave:","sortOrder":923},{"sectionNumber":"E13.9.4","sectionType":"clause","heading":"Another volunteer service that performs similar functions.","content":"Another volunteer service that performs similar functions.","sortOrder":924},{"sectionNumber":"E13.10","sectionType":"clause","heading":"A casual employee who is a member of a relevant emergency service is eligible to unpaid","content":"A casual employee who is a member of a relevant emergency service is eligible to unpaid\ncommunity service leave for voluntary emergency management service.\nEntitlement","sortOrder":925},{"sectionNumber":"E13.11","sectionType":"clause","heading":"Eligible employees are entitled to be absent on unpaid leave to engage in a voluntary emergency","content":"Eligible employees are entitled to be absent on unpaid leave to engage in a voluntary emergency\nmanagement activities, subject to operational requirements in the workplace.","sortOrder":926},{"sectionNumber":"E13.12","sectionType":"clause","heading":"Eligible employees, other than casual employees, are eligible for up to 4 days paid community","content":"Eligible employees, other than casual employees, are eligible for up to 4 days paid community\nservice leave for voluntary emergency management per emergency.","sortOrder":927},{"sectionNumber":"E13.13","sectionType":"clause","heading":"Community service leave for voluntary emergency management is non-cumulative.","content":"Community service leave for voluntary emergency management is non-cumulative.\nEvidence and conditions","sortOrder":928},{"sectionNumber":"E13.14","sectionType":"clause","heading":"An employee should discuss their intention to be absent on paid or unpaid community service","content":"An employee should discuss their intention to be absent on paid or unpaid community service\nleave for voluntary emergency management with their manager or supervisor as soon as\npracticable, which may be at a time after the absence has started. The employee must advise the\nmanager or supervisor of the period, or expected period, of the absence.","sortOrder":929},{"sectionNumber":"E13.15","sectionType":"clause","heading":"An employee must make an application to the chief executive to access their community service","content":"An employee must make an application to the chief executive to access their community service\nleave entitlement for voluntary emergency management.","sortOrder":930},{"sectionNumber":"E13.16","sectionType":"clause","heading":"The employee must, if requested by the chief executive, provide sufficient documentary evidence","content":"The employee must, if requested by the chief executive, provide sufficient documentary evidence\nof the reason for the absence.","sortOrder":931},{"sectionNumber":"E13.17","sectionType":"clause","heading":"The chief executive may grant paid community service leave for voluntary emergency","content":"The chief executive may grant paid community service leave for voluntary emergency\nmanagement to enable the employee to fulfil an obligation in the event of a civil emergency.\nCanberra Institute\nof Technology\nf_p_n_65_\n© Canberra Institute of Technology Page 63 of 195 Date updated: 18/01/2024","sortOrder":932},{"sectionNumber":"E13.18","sectionType":"clause","heading":"Having considered the requirements of this clause the chief executive may approve an employee’s","content":"Having considered the requirements of this clause the chief executive may approve an employee’s\napplication to access paid community service leave for voluntary emergency management. A\ndecision not to approve the leave must be taken in accordance with subclause E3.1.\nRate of payment","sortOrder":933},{"sectionNumber":"E13.19","sectionType":"clause","heading":"Where paid leave is granted for community service leave for voluntary emergency management,","content":"Where paid leave is granted for community service leave for voluntary emergency management,\nit is paid at the employee’s ordinary hourly rate of pay.\nEffect on other entitlements","sortOrder":934},{"sectionNumber":"E13.20","sectionType":"clause","heading":"A period of approved community service leave for voluntary emergency management counts as","content":"A period of approved community service leave for voluntary emergency management counts as\nservice for all purposes.","sortOrder":935},{"sectionNumber":"E13.21","sectionType":"clause","heading":"Public holidays for which the employee is entitled to payment that fall during periods of absence","content":"Public holidays for which the employee is entitled to payment that fall during periods of absence\non paid community service leave for voluntary emergency management must be paid as a normal\npublic holiday and will not be considered to be community service leave for voluntary emergency\nmanagement.\nAdditional leave","sortOrder":936},{"sectionNumber":"E13.22","sectionType":"clause","heading":"Additional paid leave may be approved by the chief executive for any voluntary emergency","content":"Additional paid leave may be approved by the chief executive for any voluntary emergency\nmanagement duties required to be performed by an employee who is a member of a state or\nterritory emergency service.\nVoluntary Community Service\nEligibility","sortOrder":937},{"sectionNumber":"E13.23","sectionType":"clause","heading":"Community service leave for voluntary community service is available to all employees.","content":"Community service leave for voluntary community service is available to all employees.\nEntitlement","sortOrder":938},{"sectionNumber":"E13.24","sectionType":"clause","heading":"Employees, other than casual employees, are entitled to up to 3 days of paid leave for","content":"Employees, other than casual employees, are entitled to up to 3 days of paid leave for\ncommunity service leave to engage in a recognised voluntary community service activity within a","sortOrder":939},{"sectionNumber":"E13.25","sectionType":"clause","heading":"Community service leave for voluntary community service is non-cumulative.","content":"Community service leave for voluntary community service is non-cumulative.","sortOrder":940},{"sectionNumber":"E13.26","sectionType":"clause","heading":"An employee may be granted unpaid community service leave to engage in a recognised","content":"An employee may be granted unpaid community service leave to engage in a recognised\nvoluntary community service activity, subject to operational requirements in the workplace.\nEvidence and conditions","sortOrder":941},{"sectionNumber":"E13.27","sectionType":"clause","heading":"An employee should discuss their intention to be absent on community service leave for","content":"An employee should discuss their intention to be absent on community service leave for\nvoluntary community service, as soon as practicable, with their manager or supervisor.","sortOrder":942},{"sectionNumber":"E13.28","sectionType":"clause","heading":"An employee must make an application to the chief executive to access their community service","content":"An employee must make an application to the chief executive to access their community service\nleave for voluntary community service entitlement.","sortOrder":943},{"sectionNumber":"E13.29","sectionType":"clause","heading":"The chief executive may request sufficient documentary evidence of the reason for the absence.","content":"The chief executive may request sufficient documentary evidence of the reason for the absence.","sortOrder":944},{"sectionNumber":"E13.30","sectionType":"clause","heading":"In considering an application from an employee for paid leave to engage in a voluntary","content":"In considering an application from an employee for paid leave to engage in a voluntary\ncommunity service activity, the chief executive must consider all of the following:","sortOrder":945},{"sectionNumber":"E13.30.1","sectionType":"clause","heading":"Whether the activity is a recognised voluntary activity and benefits the local","content":"Whether the activity is a recognised voluntary activity and benefits the local\ncommunity.","sortOrder":946},{"sectionNumber":"E13.30.2","sectionType":"clause","heading":"Whether the community organisation or project is an acceptable organisation or","content":"Whether the community organisation or project is an acceptable organisation or\nproject as defined in whole-of-government policy or CIT guidelines.","sortOrder":947},{"sectionNumber":"E13.30.3","sectionType":"clause","heading":"Whether there is a risk the activity would place the employee in a real or perceived","content":"Whether there is a risk the activity would place the employee in a real or perceived\nconflict of interest.\nCanberra Institute\nof Technology\nf_p_n_66_\n© Canberra Institute of Technology Page 64 of 195 Date updated: 18/01/2024","sortOrder":948},{"sectionNumber":"E13.31","sectionType":"clause","heading":"Leave for a voluntary community service activity must not be approved for activities that do any of","content":"Leave for a voluntary community service activity must not be approved for activities that do any of\nthe following:","sortOrder":949},{"sectionNumber":"E13.31.1","sectionType":"clause","heading":"Involve any payment in cash or kind for the duties performed by the employee.","content":"Involve any payment in cash or kind for the duties performed by the employee.","sortOrder":950},{"sectionNumber":"E13.31.2","sectionType":"clause","heading":"Replace work ordinarily undertaken by a paid worker.","content":"Replace work ordinarily undertaken by a paid worker.","sortOrder":951},{"sectionNumber":"E13.31.3","sectionType":"clause","heading":"Are undertaken solely for direct personal benefit of the employee.","content":"Are undertaken solely for direct personal benefit of the employee.","sortOrder":952},{"sectionNumber":"E13.31.4","sectionType":"clause","heading":"Place the employee in a conflict-of-interest situation.","content":"Place the employee in a conflict-of-interest situation.","sortOrder":953},{"sectionNumber":"E13.31.5","sectionType":"clause","heading":"Primarily focus on promoting particular religious or political views.","content":"Primarily focus on promoting particular religious or political views.","sortOrder":954},{"sectionNumber":"E13.31.6","sectionType":"clause","heading":"Involve work which does not have a local community focus.","content":"Involve work which does not have a local community focus.","sortOrder":955},{"sectionNumber":"E13.32","sectionType":"clause","heading":"Having considered the requirements of this clause the chief executive may approve an employee’s","content":"Having considered the requirements of this clause the chief executive may approve an employee’s\napplication to access paid or unpaid community service leave for voluntary community service.","sortOrder":956},{"sectionNumber":"E13.33","sectionType":"clause","heading":"A decision not to approve the leave must be made in accordance with subclause E3.1.","content":"A decision not to approve the leave must be made in accordance with subclause E3.1.\nRate of payment","sortOrder":957},{"sectionNumber":"E13.34","sectionType":"clause","heading":"Community service leave for voluntary community service is granted with pay for the first 3 days","content":"Community service leave for voluntary community service is granted with pay for the first 3 days\nleave in a 12 month period to all employees except casual employees.\nEffect on other entitlements","sortOrder":958},{"sectionNumber":"E13.35","sectionType":"clause","heading":"Community service leave for voluntary community service counts as service for all purposes up","content":"Community service leave for voluntary community service counts as service for all purposes up\nto a maximum of 23 days in any 12 month period.","sortOrder":959},{"sectionNumber":"E13.36","sectionType":"clause","heading":"Where the chief executive has approved a request for unpaid community service leave for","content":"Where the chief executive has approved a request for unpaid community service leave for\nvoluntary community service exceeding 20 days in a 12 month period, the leave in excess of 20\ndays does not count as service.","sortOrder":960},{"sectionNumber":"E13.37","sectionType":"clause","heading":"Public holidays for which the employee is entitled to payment that fall during periods of","content":"Public holidays for which the employee is entitled to payment that fall during periods of\nabsence on paid community service leave for voluntary community service must be paid as a\nnormal public holiday and will not be considered to be community service leave for voluntary\ncommunity service.\nInteraction with other leave entitlements","sortOrder":961},{"sectionNumber":"E13.38","sectionType":"clause","heading":"Leave granted under this provision may be taken in combination with approved annual or","content":"Leave granted under this provision may be taken in combination with approved annual or\nlong service leave.","sortOrder":962},{"sectionNumber":"E14.1","sectionType":"clause","heading":"Birth leave is available to pregnant employees to enable them to be absent from duty to do any of","content":"Birth leave is available to pregnant employees to enable them to be absent from duty to do any of\nthe following:","sortOrder":963},{"sectionNumber":"E14.1.1","sectionType":"clause","heading":"Support their own wellbeing and to care for and bond with a newborn child.","content":"Support their own wellbeing and to care for and bond with a newborn child.","sortOrder":964},{"sectionNumber":"E14.1.2","sectionType":"clause","heading":"Support the protection of the family and children under the Human Rights Act 2004.","content":"Support the protection of the family and children under the Human Rights Act 2004.","sortOrder":965},{"sectionNumber":"E14.1.3","sectionType":"clause","heading":"Support the employee’s right to continuity of service.","content":"Support the employee’s right to continuity of service.\nEligibility","sortOrder":966},{"sectionNumber":"E14.2","sectionType":"clause","heading":"An employee who is pregnant is eligible to be absent on birth leave.","content":"An employee who is pregnant is eligible to be absent on birth leave.","sortOrder":967},{"sectionNumber":"E14.3","sectionType":"clause","heading":"An employee is eligible for birth leave where any of the following applies:","content":"An employee is eligible for birth leave where any of the following applies:","sortOrder":968},{"sectionNumber":"E14.3.1","sectionType":"clause","heading":"The employee gives birth to a newborn child;","content":"The employee gives birth to a newborn child;","sortOrder":969},{"sectionNumber":"E14.3.2","sectionType":"clause","heading":"the employee’s pregnancy ends at or within 20 weeks of the estimated date of","content":"the employee’s pregnancy ends at or within 20 weeks of the estimated date of\ndelivery of the child, including where a child is stillborn.\nCanberra Institute\nof Technology\nf_p_n_67_\n© Canberra Institute of Technology Page 65 of 195 Date updated: 18/01/2024","sortOrder":970},{"sectionNumber":"E14.4","sectionType":"clause","heading":"Where an employee’s pregnancy ends by miscarriage, any birth leave which has been","content":"Where an employee’s pregnancy ends by miscarriage, any birth leave which has been\nprospectively approved must be cancelled. In this circumstance, the employee may become\neligible for compassionate leave in accordance with clause E12 - and special birth leave in\naccordance with clause E15 -.\nEligibility – paid birth leave","sortOrder":971},{"sectionNumber":"E14.5","sectionType":"clause","heading":"An employee (other than a casual employee) who is eligible for birth leave and who has","content":"An employee (other than a casual employee) who is eligible for birth leave and who has\ncompleted 12 months of continuous service, including recognised prior service, immediately\nprior to commencing a period of birth leave, is eligible for paid birth leave.","sortOrder":972},{"sectionNumber":"E14.6","sectionType":"clause","heading":"An employee (other than a casual employee) who is eligible for birth leave and who completes 12","content":"An employee (other than a casual employee) who is eligible for birth leave and who completes 12\nmonths of continuous service within the first 24 weeks of birth leave is eligible for paid birth leave\nfor the period between completing 12 months of service and the end of the first 24 weeks of birth\nleave.","sortOrder":973},{"sectionNumber":"E14.7","sectionType":"clause","heading":"An employee who is eligible for paid birth leave and who is on approved leave without pay is","content":"An employee who is eligible for paid birth leave and who is on approved leave without pay is\neligible for paid birth leave for the period between completing the approved period of leave\nwithout pay and the end of the first 24 weeks of birth leave.\nEntitlement","sortOrder":974},{"sectionNumber":"E14.8","sectionType":"clause","heading":"An eligible employee is entitled to be absent for up to 52 weeks birth leave for each pregnancy. To","content":"An eligible employee is entitled to be absent for up to 52 weeks birth leave for each pregnancy. To\navoid doubt, the entitlement under this clause does not increase in cases of multiple births.","sortOrder":975},{"sectionNumber":"E14.9","sectionType":"clause","heading":"Subject to subclause E14.4, an employee who is eligible for paid birth leave is entitled to be","content":"Subject to subclause E14.4, an employee who is eligible for paid birth leave is entitled to be\npaid for the first 24 weeks of birth leave and this entitlement is in addition to the federal paid\nparental leave scheme.","sortOrder":976},{"sectionNumber":"E14.11","sectionType":"clause","heading":"Subject to subclause E14.13 and subclause E14.14, an employee who is eligible for birth leave","content":"Subject to subclause E14.13 and subclause E14.14, an employee who is eligible for birth leave\nmust absent themselves from duty for a period commencing 6 weeks prior to the estimated\ndate of delivery of the child and ending 6 weeks after the actual date of birth of the child.","sortOrder":977},{"sectionNumber":"E14.12","sectionType":"clause","heading":"An eligible employee’s period of birth leave commences 6 weeks prior to the estimated date of","content":"An eligible employee’s period of birth leave commences 6 weeks prior to the estimated date of\ndelivery unless one of the following applies:","sortOrder":978},{"sectionNumber":"E14.12.1","sectionType":"clause","heading":"The employee is approved a later commencement date under subclause E14.13. Birth","content":"The employee is approved a later commencement date under subclause E14.13. Birth\nleave will commence on the date recommended by the medical practitioner.","sortOrder":979},{"sectionNumber":"E14.12.2","sectionType":"clause","heading":"The child is born more than 6 weeks before the estimated date of delivery. Birth","content":"The child is born more than 6 weeks before the estimated date of delivery. Birth\nleave will commence on the day the child is born.","sortOrder":980},{"sectionNumber":"E14.12.3","sectionType":"clause","heading":"The pregnancy ends at or within 20 weeks of the estimated date of delivery of the","content":"The pregnancy ends at or within 20 weeks of the estimated date of delivery of the\nchild, including where a child is stillborn. Birth leave will commence on the day the\npregnancy ends.","sortOrder":981},{"sectionNumber":"E14.13","sectionType":"clause","heading":"An employee who produces medical evidence from a registered medical practitioner or a","content":"An employee who produces medical evidence from a registered medical practitioner or a\nregistered midwife that they are fit for duty until a date less than 6 weeks prior to the\nestimated date of delivery of the child may continue to work up until a date recommended by\nthe medical practitioner, subject to the approval of the chief executive.","sortOrder":982},{"sectionNumber":"E14.14","sectionType":"clause","heading":"An employee who has given birth to a child and produces medical evidence from a registered","content":"An employee who has given birth to a child and produces medical evidence from a registered\nmedical practitioner that they are fit for duty from a date less than 6 weeks after the date of\nbirth of the child may resume duty on a date recommended by the medical practitioner, subject\nto the approval of the chief executive.","sortOrder":983},{"sectionNumber":"E14.15","sectionType":"clause","heading":"An employee who has given birth to a child may resume duty following the end of the 6 week","content":"An employee who has given birth to a child may resume duty following the end of the 6 week\nperiod after the birth of the child and earlier than the end of the approved period of birth leave\nsubject to the approval of the chief executive.\nCanberra Institute\nof Technology\nf_p_n_68_\n© Canberra Institute of Technology Page 66 of 195 Date updated: 18/01/2024","sortOrder":984},{"sectionNumber":"E14.16","sectionType":"clause","heading":"An employee is entitled to return to work in accordance with the provisions in the NES.","content":"An employee is entitled to return to work in accordance with the provisions in the NES.\nEvidence and conditions","sortOrder":985},{"sectionNumber":"E14.17","sectionType":"clause","heading":"An employee must give notice to their manager or supervisor as soon as practicable of their","content":"An employee must give notice to their manager or supervisor as soon as practicable of their\nintention to be absent on birth leave.","sortOrder":986},{"sectionNumber":"E14.18","sectionType":"clause","heading":"Birth leave is deemed to be approved; however an employee must submit an application to the","content":"Birth leave is deemed to be approved; however an employee must submit an application to the\nchief executive for any period of birth leave. Having considered the requirements of this clause\nthe chief executive must approve an employee’s application to access birth leave.","sortOrder":987},{"sectionNumber":"E14.19","sectionType":"clause","heading":"Prior to commencing birth leave an employee must provide the chief executive with evidence of","content":"Prior to commencing birth leave an employee must provide the chief executive with evidence of\nthe pregnancy and the estimated date of delivery from a registered medical practitioner or\nregistered health professional who is operating within their scope of practice.","sortOrder":988},{"sectionNumber":"E14.20","sectionType":"clause","heading":"If requested by the chief executive, an employee must provide the chief executive with evidence","content":"If requested by the chief executive, an employee must provide the chief executive with evidence\nof the birth and the date of the birth of the child as soon as possible after the birth of the child.\nSuch evidence may include a copy of the birth certificate or documents provided by a registered\nmedical practitioner or registered health professional who is operating within their scope of\npractice.\nRate of payment","sortOrder":989},{"sectionNumber":"E14.21","sectionType":"clause","heading":"The rate of payment to be paid to the employee during a paid period of birth leave is the same","content":"The rate of payment to be paid to the employee during a paid period of birth leave is the same\nrate as would be paid if the employee was granted paid personal leave.","sortOrder":990},{"sectionNumber":"E14.22","sectionType":"clause","heading":"Despite subclause E14.21, where an employee varies their ordinary hours of work, either from","content":"Despite subclause E14.21, where an employee varies their ordinary hours of work, either from\npart-time to full-time, from part-time to different part-time, or from full-time to part-time,\nduring the 12-month period directly preceding birth leave, the rate of payment for the paid\ncomponent of their birth leave, which is capped at full-time rates, is calculated by using the\naverage of their ordinary hours of work, excluding any periods of leave without pay, for the 12-\nmonth period immediately before the period of birth leave commences.","sortOrder":991},{"sectionNumber":"E14.23","sectionType":"clause","heading":"To avoid doubt, an employee’s status and all other entitlements remain unaltered by the","content":"To avoid doubt, an employee’s status and all other entitlements remain unaltered by the\noperation of subclause E14.22.","sortOrder":992},{"sectionNumber":"E14.24","sectionType":"clause","heading":"Paid birth leave may be taken with full or half pay, or a combination of full and half pay, with","content":"Paid birth leave may be taken with full or half pay, or a combination of full and half pay, with\ncredits to be deducted on the same basis. The maximum paid period is up to 48 weeks at half\npay.","sortOrder":993},{"sectionNumber":"E14.25","sectionType":"clause","heading":"The chief executive may approve, subject to a medical certificate from a registered medical","content":"The chief executive may approve, subject to a medical certificate from a registered medical\npractitioner, an employee taking paid birth leave in a non-continuous manner, on the condition\nno other form of paid leave is approved before the employee has used all of their paid birth\nleave entitlement.","sortOrder":994},{"sectionNumber":"E14.26","sectionType":"clause","heading":"A period of paid birth leave does not extend the maximum 52 week period of birth leave available","content":"A period of paid birth leave does not extend the maximum 52 week period of birth leave available\nto an eligible employee.","sortOrder":995},{"sectionNumber":"E14.27","sectionType":"clause","heading":"An employee’s period of absence on birth leave between the paid period of birth leave and the","content":"An employee’s period of absence on birth leave between the paid period of birth leave and the\nmaximum 52 week period of birth leave must be without pay, unless other paid leave entitlements\nare accessed.\nEffect on other entitlements","sortOrder":996},{"sectionNumber":"E14.28","sectionType":"clause","heading":"Birth leave with pay counts as service for all purposes.","content":"Birth leave with pay counts as service for all purposes.","sortOrder":997},{"sectionNumber":"E14.29","sectionType":"clause","heading":"Any period of unpaid birth leave taken by an employee during the period commencing 6 weeks","content":"Any period of unpaid birth leave taken by an employee during the period commencing 6 weeks\nprior to the estimated date of delivery of the child and ending 6 weeks after the actual date of\nbirth of the child counts as service for all purposes.","sortOrder":998},{"sectionNumber":"E14.30","sectionType":"clause","heading":"Subject to subclause E14.29, any period of unpaid birth leave taken by an employee does not","content":"Subject to subclause E14.29, any period of unpaid birth leave taken by an employee does not\ncount as service for any purpose, but does not break continuity of service.\nCanberra Institute\nof Technology\nf_p_n_69_\n© Canberra Institute of Technology Page 67 of 195 Date updated: 18/01/2024","sortOrder":999},{"sectionNumber":"E14.31","sectionType":"clause","heading":"Public holidays for which the employee would otherwise have been entitled to payment that","content":"Public holidays for which the employee would otherwise have been entitled to payment that\nfall during periods of absence on birth leave will not be paid as a normal public holiday.\nInteraction with other leave entitlements","sortOrder":1000},{"sectionNumber":"E14.32","sectionType":"clause","heading":"An application by an employee for long service leave or annual leave during a period that would","content":"An application by an employee for long service leave or annual leave during a period that would\notherwise be an unpaid period of birth leave must be granted to the extent of available\nentitlements.","sortOrder":1001},{"sectionNumber":"E14.33","sectionType":"clause","heading":"Subject to subclause E4.55, an application by an employee for personal leave during a period","content":"Subject to subclause E4.55, an application by an employee for personal leave during a period\nthat would otherwise be an unpaid period of birth leave must be granted subject to the\nemployee providing a certificate from a registered medical practitioner or registered health\nprofessional operating within their scope of practice to the extent of available entitlements.\nKeep in touch arrangements (birth leave)","sortOrder":1002},{"sectionNumber":"E14.34","sectionType":"clause","heading":"At any time after 6 weeks from the child’s date of birth, an employee may, following an","content":"At any time after 6 weeks from the child’s date of birth, an employee may, following an\ninvitation from the chief executive, agree to attend the workplace on up to 10 separate\noccasions of up to one day each so as to keep in touch with developments in the workplace\n(for meetings and training etc.).","sortOrder":1003},{"sectionNumber":"E14.35","sectionType":"clause","heading":"The employee will be paid at their ordinary hourly rate of pay for the hours they attend the","content":"The employee will be paid at their ordinary hourly rate of pay for the hours they attend the\nworkplace in accordance with subclause E14.34 during unpaid birth leave. Keep in touch\nattendance counts as service for all purposes, but does not extend the period of leave and does\nnot end or reduce the entitlement to birth leave.","sortOrder":1004},{"sectionNumber":"E14.36","sectionType":"clause","heading":"For the purpose of subclause E14.34, a medical certificate is not required.","content":"For the purpose of subclause E14.34, a medical certificate is not required.","sortOrder":1005},{"sectionNumber":"E15.1","sectionType":"clause","heading":"Special birth leave is available to employees where any of the following apply:","content":"Special birth leave is available to employees where any of the following apply:","sortOrder":1006},{"sectionNumber":"E15.1.1","sectionType":"clause","heading":"The employee is not fit for work due to a pregnancy-related illness.","content":"The employee is not fit for work due to a pregnancy-related illness.","sortOrder":1007},{"sectionNumber":"E15.1.2","sectionType":"clause","heading":"The pregnancy of the employee ends between 28 weeks and 20 weeks of the","content":"The pregnancy of the employee ends between 28 weeks and 20 weeks of the\nestimated date of delivery, other than by the birth of a living child.\nNote: If a pregnancy ends within 20 of the estimated date of delivery of the child the employee\nmay be entitled to paid or unpaid birth leave as per subclause E14.3.\nEligibility","sortOrder":1008},{"sectionNumber":"E15.2","sectionType":"clause","heading":"Special birth leave is available to all employees and eligible casual employees.","content":"Special birth leave is available to all employees and eligible casual employees.\nEntitlement","sortOrder":1009},{"sectionNumber":"E15.3","sectionType":"clause","heading":"An employee is entitled to a period of unpaid special birth leave for the duration certified by a","content":"An employee is entitled to a period of unpaid special birth leave for the duration certified by a\nregistered medical practitioner or registered health professional operating within their scope\nof practice as necessary.\nEvidence and conditions","sortOrder":1010},{"sectionNumber":"E15.4","sectionType":"clause","heading":"The employee must provide the chief executive with notice that they are taking special birth","content":"The employee must provide the chief executive with notice that they are taking special birth\nleave. The notice must be given as soon as practicable (which may be after the leave has\nstarted); and should include the period, or expected period, of the leave.","sortOrder":1011},{"sectionNumber":"E15.5","sectionType":"clause","heading":"An employee must submit an application to the chief executive for any period of special birth","content":"An employee must submit an application to the chief executive for any period of special birth\nleave. Having considered the requirements of this clause the chief executive must approve an\nemployee’s application to access special birth leave.","sortOrder":1012},{"sectionNumber":"E15.6","sectionType":"clause","heading":"An employee who has given notice that special birth leave will be (or is being) taken must","content":"An employee who has given notice that special birth leave will be (or is being) taken must\nprovide reasonable evidence of the purpose for taking leave. This evidence may include a\nCanberra Institute\nof Technology\nf_p_n_70_\n© Canberra Institute of Technology Page 68 of 195 Date updated: 18/01/2024\nmedical certificate from a registered medical practitioner or a registered health professional\noperating withing their scope of practice.\nRate of payment","sortOrder":1013},{"sectionNumber":"E15.7","sectionType":"clause","heading":"Special birth leave is granted without pay.","content":"Special birth leave is granted without pay.\nEffect on other entitlements","sortOrder":1014},{"sectionNumber":"E15.8","sectionType":"clause","heading":"Special birth leave does not count as service for any purpose.","content":"Special birth leave does not count as service for any purpose.","sortOrder":1015},{"sectionNumber":"E15.9","sectionType":"clause","heading":"Special birth leave does not break continuity of service.","content":"Special birth leave does not break continuity of service.","sortOrder":1016},{"sectionNumber":"E15.10","sectionType":"clause","heading":"Special birth leave accessed due to pregnancy-related illness is not deducted from the","content":"Special birth leave accessed due to pregnancy-related illness is not deducted from the\nentitlement for unpaid birth leave accessed after the birth of the child.\nInteraction with other leave types","sortOrder":1017},{"sectionNumber":"E15.11","sectionType":"clause","heading":"Special birth leave is in addition to any accrued personal leave entitlement.","content":"Special birth leave is in addition to any accrued personal leave entitlement.","sortOrder":1018},{"sectionNumber":"E15.12","sectionType":"clause","heading":"Special birth leave is in addition to compassionate leave.","content":"Special birth leave is in addition to compassionate leave.","sortOrder":1019},{"sectionNumber":"E16.1","sectionType":"clause","heading":"Primary care giver leave is available to employees to enable them to be absent from duty to do","content":"Primary care giver leave is available to employees to enable them to be absent from duty to do\nboth of the following:","sortOrder":1020},{"sectionNumber":"E16.1.2","sectionType":"clause","heading":"Support the protection of the family and children under the Human Rights Act 2004.","content":"Support the protection of the family and children under the Human Rights Act 2004.\nEligibility","sortOrder":1021},{"sectionNumber":"E16.2","sectionType":"clause","heading":"Primary care giver leave is available to employees (other than casual employees) who are the","content":"Primary care giver leave is available to employees (other than casual employees) who are the\nprimary care giver of a newborn child.","sortOrder":1022},{"sectionNumber":"E16.3","sectionType":"clause","heading":"An employee is eligible for primary care giver leave if they have completed at least 12 months","content":"An employee is eligible for primary care giver leave if they have completed at least 12 months\ncontinuous service, that may include recognised prior service, immediately prior to commencing\na period of primary care giver leave.","sortOrder":1023},{"sectionNumber":"E16.4","sectionType":"clause","heading":"An employee who is eligible for paid birth leave, foster and short-term care leave, or adoption,","content":"An employee who is eligible for paid birth leave, foster and short-term care leave, or adoption,\npermanent or long term care leave is not eligible for primary care giver leave.","sortOrder":1024},{"sectionNumber":"E16.5","sectionType":"clause","heading":"An employee who completes the 12 months of continuous service within 18 weeks of becoming","content":"An employee who completes the 12 months of continuous service within 18 weeks of becoming\nthe primary care giver for a child is eligible for primary care giver leave from the date they are\neligible for the leave to the end of the first 18 weeks of becoming the primary care giver of the\nchild.\nEntitlement","sortOrder":1025},{"sectionNumber":"E16.6","sectionType":"clause","heading":"An eligible employee is entitled to 18 weeks of paid primary care giver leave in relation to a","content":"An eligible employee is entitled to 18 weeks of paid primary care giver leave in relation to a\nbirth and this entitlement is in addition to the federal paid parental leave scheme. To avoid\ndoubt, the entitlement under this clause does not increase in cases of multiple births,\nadoptions or care and protection orders that apply to more than one child.","sortOrder":1026},{"sectionNumber":"E16.7","sectionType":"clause","heading":"Primary care giver leave is non-cumulative.","content":"Primary care giver leave is non-cumulative.","sortOrder":1027},{"sectionNumber":"E16.8","sectionType":"clause","heading":"An employee is entitled to return to work in accordance with the provisions in the NES.","content":"An employee is entitled to return to work in accordance with the provisions in the NES.\nEvidence and conditions","sortOrder":1028},{"sectionNumber":"E16.9","sectionType":"clause","heading":"An employee should discuss with their manager or supervisor, as soon practicable, their","content":"An employee should discuss with their manager or supervisor, as soon practicable, their\nintention to be absent on primary care giver leave.\nCanberra Institute\nof Technology\nf_p_n_71_\n© Canberra Institute of Technology Page 69 of 195 Date updated: 18/01/2024","sortOrder":1029},{"sectionNumber":"E16.10","sectionType":"clause","heading":"An employee must make an application to the chief executive to access their primary care giver","content":"An employee must make an application to the chief executive to access their primary care giver\nleave.","sortOrder":1030},{"sectionNumber":"E16.11","sectionType":"clause","heading":"The employee must provide the chief executive with appropriate evidence concerning the","content":"The employee must provide the chief executive with appropriate evidence concerning the\nreasons for and circumstances under which the primary care giver leave application is made,\nwhich may include any of the following:","sortOrder":1031},{"sectionNumber":"E16.11.1","sectionType":"clause","heading":"A certificate from a registered medical practitioner or registered health professional","content":"A certificate from a registered medical practitioner or registered health professional\noperating within their scope of practice relating to the estimated date of delivery of\na child.","sortOrder":1032},{"sectionNumber":"E16.12","sectionType":"clause","heading":"In all cases details of leave being taken by other persons who may be considered a primary care","content":"In all cases details of leave being taken by other persons who may be considered a primary care\ngiver in relation to the same child (or children in the case of multiple births) must be provided.","sortOrder":1033},{"sectionNumber":"E16.13","sectionType":"clause","heading":"Before granting primary care giver leave, the chief executive must be satisfied that the employee","content":"Before granting primary care giver leave, the chief executive must be satisfied that the employee\ndemonstrates that they are the primary care giver.","sortOrder":1034},{"sectionNumber":"E16.14","sectionType":"clause","heading":"For the purposes of this clause a newborn is considered to be a baby of up to 26 weeks old. In","content":"For the purposes of this clause a newborn is considered to be a baby of up to 26 weeks old. In\nextenuating circumstances, the chief executive may approve primary care giver leave when a\nnewborn is more than 26 weeks old.","sortOrder":1035},{"sectionNumber":"E16.15","sectionType":"clause","heading":"For the purposes of clause E16.14, the primary care giver is entitled to access up to 18 weeks","content":"For the purposes of clause E16.14, the primary care giver is entitled to access up to 18 weeks\nprimary care givers leave where the leave has commenced before the baby was 26 weeks old,\nsubject to subclause E16.16.","sortOrder":1036},{"sectionNumber":"E16.16","sectionType":"clause","heading":"Having considered the requirements of this clause the chief executive may approve an employee’s","content":"Having considered the requirements of this clause the chief executive may approve an employee’s\napplication to access primary care giver leave.","sortOrder":1037},{"sectionNumber":"E16.17","sectionType":"clause","heading":"The 18 weeks available as paid primary care giver leave includes any paid bonding leave (including","content":"The 18 weeks available as paid primary care giver leave includes any paid bonding leave (including\nthe personal leave component of the bonding leave entitlement) previously taken by that\nemployee in relation to the birth. For clarity, the total combined entitlement of paid bonding leave\n(including the personal leave component of the bonding leave entitlement) and paid primary care\ngivers leave available is 18 weeks in relation to the birth.","sortOrder":1038},{"sectionNumber":"E16.18","sectionType":"clause","heading":"Primary care giver leave may be taken in any combination with birth leave provided that the","content":"Primary care giver leave may be taken in any combination with birth leave provided that the\nperson who has given birth and entitled to birth leave, and the other employee eligible for primary\ncare giver leave do not take these forms of paid leave concurrently.","sortOrder":1039},{"sectionNumber":"E16.19","sectionType":"clause","heading":"Subclause E16.17 does not apply where the person giving birth is an ACTPS employee entitled to","content":"Subclause E16.17 does not apply where the person giving birth is an ACTPS employee entitled to\nsurrogacy leave in accordance with clause E27 -.\nRate of payment","sortOrder":1040},{"sectionNumber":"E16.20","sectionType":"clause","heading":"Primary care giver leave is granted with pay.","content":"Primary care giver leave is granted with pay.","sortOrder":1041},{"sectionNumber":"E16.21","sectionType":"clause","heading":"The rate of payment to be paid to the employee during a paid period of primary care giver leave","content":"The rate of payment to be paid to the employee during a paid period of primary care giver leave\nis the same rate as would be paid if the employee was granted personal leave.","sortOrder":1042},{"sectionNumber":"E16.22","sectionType":"clause","heading":"Despite subclause E16.21, where an employee varies their ordinary hours of work, either from","content":"Despite subclause E16.21, where an employee varies their ordinary hours of work, either from\npart-time to full-time, from part-time to different part-time, or from full-time to part-time,\nduring the 12-month period directly preceding primary care giver leave, the rate of payment\nfor the paid component of their primary care giver leave, which is capped at full-time rates, is\ncalculated by using the average of their ordinary hours of work, excluding any periods of leave\nwithout pay, for the 12-month period immediately before the period of primary care giver\nleave commences.","sortOrder":1043},{"sectionNumber":"E16.23","sectionType":"clause","heading":"To avoid doubt, an employee’s status and all other entitlements remain unaltered by the","content":"To avoid doubt, an employee’s status and all other entitlements remain unaltered by the\noperation of subclause E16.22.\nCanberra Institute\nof Technology\nf_p_n_72_\n© Canberra Institute of Technology Page 70 of 195 Date updated: 18/01/2024","sortOrder":1044},{"sectionNumber":"E16.24","sectionType":"clause","heading":"Primary care giver leave may be granted with full or half pay, or a combination of full and half","content":"Primary care giver leave may be granted with full or half pay, or a combination of full and half\npay, with credits to be deducted on the same basis. The maximum paid period is up to 36 weeks\nat half pay.","sortOrder":1045},{"sectionNumber":"E16.25","sectionType":"clause","heading":"The chief executive may approve an employee taking primary care giver leave in a non-","content":"The chief executive may approve an employee taking primary care giver leave in a non-\ncontinuous manner, provided a period of annual leave or long service leave in between the\nperiods of primary caregiver leave will not be approved until the employee has used all of the\nemployee’s paid primary care giver leave entitlement within 72 weeks of the birth of the child.\nEffect on other entitlements","sortOrder":1046},{"sectionNumber":"E16.26","sectionType":"clause","heading":"Primary care giver leave counts as service for all purposes.","content":"Primary care giver leave counts as service for all purposes.","sortOrder":1047},{"sectionNumber":"E16.27","sectionType":"clause","heading":"Public holidays for which the employee would otherwise have been entitled to payment that fall","content":"Public holidays for which the employee would otherwise have been entitled to payment that fall\nduring periods of absence on primary caregiver leave will not be paid as a public holiday.\nInteraction with other leave types","sortOrder":1048},{"sectionNumber":"E16.28","sectionType":"clause","heading":"Primary care giver leave does not extend the maximum period of unpaid parental leave available","content":"Primary care giver leave does not extend the maximum period of unpaid parental leave available\nto an employee. To avoid doubt, primary care giver leave is not extended by public holidays which\nfall during periods of primary care giver leave.\nKeep in touch arrangements (primary care giver leave)","sortOrder":1049},{"sectionNumber":"E16.29","sectionType":"clause","heading":"An employee on primary care giver leave may, following an invitation from the chief executive","content":"An employee on primary care giver leave may, following an invitation from the chief executive\nagree to attend the workplace on up to 10 separate occasions of up to one day each so as to keep\nin touch with developments in the workplace (for meetings and training etc.).","sortOrder":1050},{"sectionNumber":"E16.30","sectionType":"clause","heading":"The employee will be paid at their ordinary hourly rate of pay for the hours they attend work in","content":"The employee will be paid at their ordinary hourly rate of pay for the hours they attend work in\naccordance with subclause E16.29 during paid primary care giver leave. Keep in touch attendance\nwill count as service for all purposes, but does not extend the period of leave and does not end or\nreduce the entitlement to primary care giver leave.","sortOrder":1051},{"sectionNumber":"E17.1","sectionType":"clause","heading":"Parental leave without pay is in addition to the provisions available in birth leave, primary care","content":"Parental leave without pay is in addition to the provisions available in birth leave, primary care\ngiver leave and adoption, permanent or long term care leave and is available to employees to\nenable them to be absent from duty following the birth or adoption of a child or the\ncommencement of a permanent caring arrangement for a child.\nEligibility","sortOrder":1052},{"sectionNumber":"E17.2","sectionType":"clause","heading":"Parental leave is available to an employee or an eligible casual employee who is the primary care","content":"Parental leave is available to an employee or an eligible casual employee who is the primary care\ngiver of a child following the birth or adoption of a child or the commencement of a permanent\ncaring arrangement for a child.\nEntitlement","sortOrder":1053},{"sectionNumber":"E17.3","sectionType":"clause","heading":"An employee is entitled to up to 2 years of parental leave following the child’s birth, adoption or","content":"An employee is entitled to up to 2 years of parental leave following the child’s birth, adoption or\ncommencement of a permanent or long term caring arrangement, less any period of birth leave,\nprimary care giver leave or adoption, or permanent or long term care leave which the employee\nhas taken in relation to the same child.","sortOrder":1054},{"sectionNumber":"E17.4","sectionType":"clause","heading":"To avoid doubt, the entitlement under this clause does not increase in cases of multiple births,","content":"To avoid doubt, the entitlement under this clause does not increase in cases of multiple births,\nadoptions or permanent caring arrangements that apply to more than one child at any one time.","sortOrder":1055},{"sectionNumber":"E17.5","sectionType":"clause","heading":"At the end of this time the employee is entitled to return to work in accordance with the","content":"At the end of this time the employee is entitled to return to work in accordance with the\nprovisions in the National Employment Standards.","sortOrder":1056},{"sectionNumber":"E17.6","sectionType":"clause","heading":"An employee may apply for up to 52 additional weeks of parental leave for up to 2 further","content":"An employee may apply for up to 52 additional weeks of parental leave for up to 2 further\noccasions of birth. The leave must be granted if all the following apply:\nCanberra Institute\nof Technology\nf_p_n_73_\n© Canberra Institute of Technology Page 71 of 195 Date updated: 18/01/2024","sortOrder":1057},{"sectionNumber":"E17.6.1","sectionType":"clause","heading":"The parental leave is taken within 3 years following the child’s birth, adoption or","content":"The parental leave is taken within 3 years following the child’s birth, adoption or\ncommencement of a permanent or long term caring arrangement.","sortOrder":1058},{"sectionNumber":"E17.6.2","sectionType":"clause","heading":"That the employee agrees, where necessary, to become unattached.","content":"That the employee agrees, where necessary, to become unattached.","sortOrder":1059},{"sectionNumber":"E17.6.3","sectionType":"clause","heading":"The parental leave is taken in periods of one week or more.","content":"The parental leave is taken in periods of one week or more.\nEvidence and conditions","sortOrder":1060},{"sectionNumber":"E17.7","sectionType":"clause","heading":"An employee should discuss with their manager or supervisor, as soon as practicable, their","content":"An employee should discuss with their manager or supervisor, as soon as practicable, their\nintention to be absent on parental leave.","sortOrder":1061},{"sectionNumber":"E17.8","sectionType":"clause","heading":"An employee must make an application to the chief executive to access their unpaid parental leave","content":"An employee must make an application to the chief executive to access their unpaid parental leave\nentitlement.","sortOrder":1062},{"sectionNumber":"E17.9","sectionType":"clause","heading":"The chief executive must approve an employee’s application to access parental leave if satisfied","content":"The chief executive must approve an employee’s application to access parental leave if satisfied\nthe employee has met the requirements under this clause.","sortOrder":1063},{"sectionNumber":"E17.10","sectionType":"clause","heading":"The employee must provide the chief executive with appropriate evidence concerning the","content":"The employee must provide the chief executive with appropriate evidence concerning the\nreasons for and circumstances under which the unpaid parental leave application is made,\nwhich may include any of the following:","sortOrder":1064},{"sectionNumber":"E17.10.2","sectionType":"clause","heading":"Documents from an adoption authority concerning the adoption of a child.","content":"Documents from an adoption authority concerning the adoption of a child.","sortOrder":1065},{"sectionNumber":"E17.10.3","sectionType":"clause","heading":"Documents relating to a permanent caring arrangement.","content":"Documents relating to a permanent caring arrangement.","sortOrder":1066},{"sectionNumber":"E17.11","sectionType":"clause","heading":"The chief executive must not grant parental leave if the employee’s domestic partner is on","content":"The chief executive must not grant parental leave if the employee’s domestic partner is on\nparental leave and is an employee of the ACTPS.\nRate of payment","sortOrder":1067},{"sectionNumber":"E17.12","sectionType":"clause","heading":"Parental leave is granted without pay.","content":"Parental leave is granted without pay.\nEffect on other entitlements","sortOrder":1068},{"sectionNumber":"E17.13","sectionType":"clause","heading":"Parental leave does not count as service for any purpose.","content":"Parental leave does not count as service for any purpose.","sortOrder":1069},{"sectionNumber":"E17.14","sectionType":"clause","heading":"Parental leave does not break continuity of service.","content":"Parental leave does not break continuity of service.","sortOrder":1070},{"sectionNumber":"E17.15","sectionType":"clause","heading":"Public holidays for which the employee would otherwise have been entitled to payment that","content":"Public holidays for which the employee would otherwise have been entitled to payment that\nfall during periods of absence on parental leave will not be paid as a normal public holiday.\nInteraction with other leave types","sortOrder":1071},{"sectionNumber":"E17.16","sectionType":"clause","heading":"An employee on parental leave may access annual and long service leave on full or half pay to","content":"An employee on parental leave may access annual and long service leave on full or half pay to\nthe extent of available entitlements.","sortOrder":1072},{"sectionNumber":"E17.17","sectionType":"clause","heading":"An application by an employee for personal leave during a period that would otherwise be a","content":"An application by an employee for personal leave during a period that would otherwise be a\nperiod of parental leave must be granted subject to the employee providing a certificate from\na registered medical practitioner or registered health professional operating within their scope\nof practice, in accordance with subclause E4.55.\nKeep in touch arrangements (parental leave)","sortOrder":1073},{"sectionNumber":"E17.18","sectionType":"clause","heading":"An employee may, following an invitation from the chief executive, agree to attend the workplace","content":"An employee may, following an invitation from the chief executive, agree to attend the workplace\non up to 10 separate occasions of up to one day each so as to keep in touch with developments in\nthe workplace (for meetings and training etc.), less any keep in touch time approved during birth\nor primary caregiver leave as per subclause E14.34 or subclause E16.29.","sortOrder":1074},{"sectionNumber":"E17.19","sectionType":"clause","heading":"The employee will be paid at their ordinary hourly rate of pay for the hours that they attend","content":"The employee will be paid at their ordinary hourly rate of pay for the hours that they attend\nthe workplace in accordance with subclause E17.18. Keep in touch attendance counts as\nservice for all purposes, but does not extend the period of leave and does not end or reduce\nthe entitlement to parental leave.\nCanberra Institute\nof Technology\nf_p_n_74_\n© Canberra Institute of Technology Page 72 of 195 Date updated: 18/01/2024","sortOrder":1075},{"sectionNumber":"E18.1","sectionType":"clause","heading":"Bonding leave is available to employees to enable them to be absent from duty to do the","content":"Bonding leave is available to employees to enable them to be absent from duty to do the\nfollowing:","sortOrder":1076},{"sectionNumber":"E18.1.1","sectionType":"clause","heading":"Bond with their newborn child, adopted child or a child for whom the employee’s","content":"Bond with their newborn child, adopted child or a child for whom the employee’s\ndomestic partner has commenced a primary care giving role under a permanent\ncaring arrangement.","sortOrder":1077},{"sectionNumber":"E18.1.2","sectionType":"clause","heading":"Support the protection of the family and children under the Human Rights Act 2004.","content":"Support the protection of the family and children under the Human Rights Act 2004.\nEligibility","sortOrder":1078},{"sectionNumber":"E18.2","sectionType":"clause","heading":"Bonding leave is available to employees (other than casual employees) at the time of the","content":"Bonding leave is available to employees (other than casual employees) at the time of the\nchild’s birth, adoption or the commencement of a permanent or long term caring arrangement\nwhen the employee is not the primary care giver to the child.","sortOrder":1079},{"sectionNumber":"E18.3","sectionType":"clause","heading":"An employee who is eligible for paid birth leave, adoption, permanent or long term care leave or","content":"An employee who is eligible for paid birth leave, adoption, permanent or long term care leave or\nprimary care giver leave is not entitled to bonding leave. If bonding leave has been taken by the\nemployee, and the employee later becomes entitled to primary care giver leave, paid bonding\nleave and paid personal leave taken in accordance with this clause will reduce available primary\ncare giver leave.\nEntitlement","sortOrder":1080},{"sectionNumber":"E18.4","sectionType":"clause","heading":"Under this clause, an employee is entitled to be absent on paid leave for a maximum of 5 weeks","content":"Under this clause, an employee is entitled to be absent on paid leave for a maximum of 5 weeks\nat, or near, the time of the birth, adoption or commencement of the permanent or long term\ncaring arrangement. The maximum absence may be increased by a further 1 week of personal\nleave for bonding purposes as per subclause E4.43.","sortOrder":1081},{"sectionNumber":"E18.5","sectionType":"clause","heading":"In accordance with the NES, an eligible employee is entitled to be absent up to a maximum of 8","content":"In accordance with the NES, an eligible employee is entitled to be absent up to a maximum of 8\nweeks of concurrent unpaid bonding leave in the first 12 months following the birth or adoption\nor commencement of a permanent or long term caring arrangement for a child, subject to a\nminimum period of 2 weeks at a time unless a shorter period is agreed by the chief executive.","sortOrder":1082},{"sectionNumber":"E18.6","sectionType":"clause","heading":"The entitlement under subclause E18.5 is reduced by the extent of the entitlement accessed by","content":"The entitlement under subclause E18.5 is reduced by the extent of the entitlement accessed by\nan employee under subclause E18.4.","sortOrder":1083},{"sectionNumber":"E18.7","sectionType":"clause","heading":"To avoid doubt, the entitlement under this clause does not increase in cases of multiple births,","content":"To avoid doubt, the entitlement under this clause does not increase in cases of multiple births,\nadoptions or permanent caring arrangements that apply to more than one child at the one time.","sortOrder":1084},{"sectionNumber":"E18.9","sectionType":"clause","heading":"Paid bonding leave must be taken within 14 weeks from the date of birth, adoption or","content":"Paid bonding leave must be taken within 14 weeks from the date of birth, adoption or\ncommencement of the permanent or long term caring arrangements, unless there are exceptional\ncircumstances and the chief executive agrees to a longer period.","sortOrder":1085},{"sectionNumber":"E18.10","sectionType":"clause","heading":"The 1 week of personal leave accessed as per subclause E4.43 may be taken at any time up to","content":"The 1 week of personal leave accessed as per subclause E4.43 may be taken at any time up to","sortOrder":1086},{"sectionNumber":"14","sectionType":"clause","heading":"weeks from the date of the birth, adoption or commencement of the permanent or long term","content":"weeks from the date of the birth, adoption or commencement of the permanent or long term\ncaring arrangement.","sortOrder":1087},{"sectionNumber":"E18.11","sectionType":"clause","heading":"Where an employee’s domestic partner is also an ACTPS employee this leave may be taken","content":"Where an employee’s domestic partner is also an ACTPS employee this leave may be taken\nconcurrently with the domestic partner receiving birth leave, adoption, permanent or long term\ncare leave or primary care giver leave.\nEvidence and conditions","sortOrder":1088},{"sectionNumber":"E18.12","sectionType":"clause","heading":"An employee should discuss with their manager or supervisor, as soon as practicable, their","content":"An employee should discuss with their manager or supervisor, as soon as practicable, their\nintention to be absent on bonding leave.\nCanberra Institute\nof Technology\nf_p_n_75_\n© Canberra Institute of Technology Page 73 of 195 Date updated: 18/01/2024","sortOrder":1089},{"sectionNumber":"E18.13","sectionType":"clause","heading":"Bonding leave must be approved subject only to the chief executive being satisfied that the","content":"Bonding leave must be approved subject only to the chief executive being satisfied that the\neligibility requirements have been met; however, an employee must submit an application to\nthe chief executive for any period of bonding leave.","sortOrder":1090},{"sectionNumber":"E18.14","sectionType":"clause","heading":"The employee must provide the chief executive with appropriate evidence concerning the","content":"The employee must provide the chief executive with appropriate evidence concerning the\ncircumstances under which the bonding leave application is made, which may include any of the\nfollowing:","sortOrder":1091},{"sectionNumber":"E18.14.1","sectionType":"clause","heading":"A medical certificate relating to the estimated date of delivery of a child.","content":"A medical certificate relating to the estimated date of delivery of a child.","sortOrder":1092},{"sectionNumber":"E18.14.3","sectionType":"clause","heading":"Documents from an adoption authority concerning the proposed adoption of a","content":"Documents from an adoption authority concerning the proposed adoption of a\nchild.","sortOrder":1093},{"sectionNumber":"E18.14.4","sectionType":"clause","heading":"Documents relating to a permanent caring arrangement until the child reaches","content":"Documents relating to a permanent caring arrangement until the child reaches","sortOrder":1094},{"sectionNumber":"E18.15","sectionType":"clause","heading":"Unless the chief executive determines that exceptional circumstances apply, bonding leave","content":"Unless the chief executive determines that exceptional circumstances apply, bonding leave\nmust not be approved to care for any of the following:","sortOrder":1095},{"sectionNumber":"E18.15.1","sectionType":"clause","heading":"A baby over 14 weeks old (not applicable in cases of adoption, permanent or long","content":"A baby over 14 weeks old (not applicable in cases of adoption, permanent or long\nterm caring arrangements).","sortOrder":1096},{"sectionNumber":"E18.15.2","sectionType":"clause","heading":"An adopted adult or adult who is the subject of a permanent caring arrangement","content":"An adopted adult or adult who is the subject of a permanent caring arrangement\nover 18 years old on the day of placement.\nRate of payment","sortOrder":1097},{"sectionNumber":"E18.16","sectionType":"clause","heading":"Bonding leave is granted with or without pay.","content":"Bonding leave is granted with or without pay.","sortOrder":1098},{"sectionNumber":"E18.17","sectionType":"clause","heading":"The rate of payment to be paid to the employee during a period of paid bonding leave is the","content":"The rate of payment to be paid to the employee during a period of paid bonding leave is the\nsame rate as would be paid if the employee was granted personal leave.","sortOrder":1099},{"sectionNumber":"E18.18","sectionType":"clause","heading":"Bonding leave may be granted with full or half pay, or a combination of full and half pay, with","content":"Bonding leave may be granted with full or half pay, or a combination of full and half pay, with\ncredits to be deducted on the same basis. The maximum paid period is up to 10 weeks at half\npay.\nEffect on other entitlements","sortOrder":1100},{"sectionNumber":"E18.19","sectionType":"clause","heading":"Paid bonding leave counts as service for all purposes and unpaid bonding leave does not count as","content":"Paid bonding leave counts as service for all purposes and unpaid bonding leave does not count as\nservice for any purposes, but does not break continuity of service.","sortOrder":1101},{"sectionNumber":"E18.20","sectionType":"clause","heading":"Public holidays for which the employee is entitled to payment that fall during periods of absence","content":"Public holidays for which the employee is entitled to payment that fall during periods of absence\non paid bonding leave must be paid as a normal public holiday and will not extend the maximum\nperiod of bonding leave.","sortOrder":1102},{"sectionNumber":"E19.1","sectionType":"clause","heading":"Grandparental leave is available to employees to enable them to be absent from duty to","content":"Grandparental leave is available to employees to enable them to be absent from duty to\nundertake a primary care giving role to their grandchild during normal business hours.\nEligibility","sortOrder":1103},{"sectionNumber":"E19.2","sectionType":"clause","heading":"Grandparental leave is available to employees other than casual employees and employees on","content":"Grandparental leave is available to employees other than casual employees and employees on\nprobation.","sortOrder":1104},{"sectionNumber":"E19.3","sectionType":"clause","heading":"To be eligible for grandparental leave, the baby or child whom the employee is providing care","content":"To be eligible for grandparental leave, the baby or child whom the employee is providing care\nfor must be one of the following:","sortOrder":1105},{"sectionNumber":"E19.3.2","sectionType":"clause","heading":"Their step-grandchild.","content":"Their step-grandchild.\nCanberra Institute\nof Technology\nf_p_n_76_\n© Canberra Institute of Technology Page 74 of 195 Date updated: 18/01/2024","sortOrder":1106},{"sectionNumber":"E19.3.4","sectionType":"clause","heading":"A child for whom the employee’s child has parental or caring responsibility","content":"A child for whom the employee’s child has parental or caring responsibility\nauthorised under a law of a State or Territory.\nEntitlement","sortOrder":1107},{"sectionNumber":"E19.4","sectionType":"clause","heading":"An eligible employee may be granted up to 52 weeks of grandparental leave, in relation to","content":"An eligible employee may be granted up to 52 weeks of grandparental leave, in relation to\neach grandchild under care. This leave may be taken over a period not exceeding 5 years.","sortOrder":1108},{"sectionNumber":"E19.5","sectionType":"clause","heading":"Grandparental leave is available up until the fifth birthday of the grandchild for whom the","content":"Grandparental leave is available up until the fifth birthday of the grandchild for whom the\nemployee is the primary care giver.","sortOrder":1109},{"sectionNumber":"E19.7","sectionType":"clause","heading":"The length of a period of absence on grandparental leave must be agreed between the eligible","content":"The length of a period of absence on grandparental leave must be agreed between the eligible\nemployee and the chief executive.\nExample 1: A day or part-day on an occasional basis.\nExample 2: A regular period of leave each week, fortnight or month.\nExample 3: A larger block of leave such as 6 or 12 months.","sortOrder":1110},{"sectionNumber":"E19.8","sectionType":"clause","heading":"If an employee is absent on grandparental leave and becomes a grandparent to another","content":"If an employee is absent on grandparental leave and becomes a grandparent to another\ngrandchild, for whom they are the primary care giver, a new application must be made as per\nsubclause E19.10.\nEvidence and conditions","sortOrder":1111},{"sectionNumber":"E19.9","sectionType":"clause","heading":"An employee should discuss with their manager or supervisor, as soon as practicable, their","content":"An employee should discuss with their manager or supervisor, as soon as practicable, their\nintention to be absent on grandparental leave.","sortOrder":1112},{"sectionNumber":"E19.10","sectionType":"clause","heading":"An employee must make an application to the chief executive to access their grandparental","content":"An employee must make an application to the chief executive to access their grandparental\nleave entitlement, and must include details of the period, or expected period, of the absence.","sortOrder":1113},{"sectionNumber":"E19.11","sectionType":"clause","heading":"Having considered the requirements of this clause the chief executive may approve an","content":"Having considered the requirements of this clause the chief executive may approve an\nemployee’s application to access grandparental leave. A decision not to approve the leave must\nbe taken in accordance with subclause E3.1.","sortOrder":1114},{"sectionNumber":"E19.12","sectionType":"clause","heading":"The chief executive should not approve an application for grandparental leave where an","content":"The chief executive should not approve an application for grandparental leave where an\nemployee has an annual leave balance in excess of 8 weeks.","sortOrder":1115},{"sectionNumber":"E19.13","sectionType":"clause","heading":"An application for grandparental leave must include one of the following types of evidence:","content":"An application for grandparental leave must include one of the following types of evidence:","sortOrder":1116},{"sectionNumber":"E19.13.1","sectionType":"clause","heading":"A statutory declaration or a medical certificate confirming the birth or the","content":"A statutory declaration or a medical certificate confirming the birth or the\nestimated date of delivery of the grandchild.","sortOrder":1117},{"sectionNumber":"E19.13.2","sectionType":"clause","heading":"The grandchild's adoption certificate or a statutory declaration confirming the","content":"The grandchild's adoption certificate or a statutory declaration confirming the\nadoption of the grandchild.","sortOrder":1118},{"sectionNumber":"E19.13.3","sectionType":"clause","heading":"A letter or a statutory declaration confirming that there is an authorised care situation.","content":"A letter or a statutory declaration confirming that there is an authorised care situation.","sortOrder":1119},{"sectionNumber":"E19.14","sectionType":"clause","heading":"If both grandparents are employees of the ACTPS either grandparent may be granted leave but","content":"If both grandparents are employees of the ACTPS either grandparent may be granted leave but\nthe leave may not be taken concurrently.\nRate of payment","sortOrder":1120},{"sectionNumber":"E19.15","sectionType":"clause","heading":"Grandparental leave is granted without pay.","content":"Grandparental leave is granted without pay.\nEffect on other entitlements","sortOrder":1121},{"sectionNumber":"E19.16","sectionType":"clause","heading":"Employees cannot engage in outside employment during a period of grandparental leave","content":"Employees cannot engage in outside employment during a period of grandparental leave\nwithout the prior approval of the chief executive.\nCanberra Institute\nof Technology\nf_p_n_77_\n© Canberra Institute of Technology Page 75 of 195 Date updated: 18/01/2024","sortOrder":1122},{"sectionNumber":"E19.17","sectionType":"clause","heading":"Grandparental leave counts as service for all purposes except the accrual of annual leave and","content":"Grandparental leave counts as service for all purposes except the accrual of annual leave and\npersonal leave.","sortOrder":1123},{"sectionNumber":"E19.18","sectionType":"clause","heading":"Grandparental leave does not break continuity of service.","content":"Grandparental leave does not break continuity of service.","sortOrder":1124},{"sectionNumber":"E19.19","sectionType":"clause","heading":"Public holidays for which the employee would otherwise have been entitled to payment that fall","content":"Public holidays for which the employee would otherwise have been entitled to payment that fall\nduring periods of absence on grandparental leave will not be paid as a normal public holiday.\nInteraction with other leave entitlements","sortOrder":1125},{"sectionNumber":"E19.20","sectionType":"clause","heading":"An employee on grandparental leave may access annual leave, purchased leave or long service","content":"An employee on grandparental leave may access annual leave, purchased leave or long service\nleave.","sortOrder":1126},{"sectionNumber":"E19.21","sectionType":"clause","heading":"An application by an employee for personal leave during a period that would otherwise be","content":"An application by an employee for personal leave during a period that would otherwise be\ngrandparental leave must be granted subject to the employee providing a certificate from a\nregistered medical practitioner or registered health professional who is operating within their\nscope of practice.\nUnattachment","sortOrder":1127},{"sectionNumber":"E19.22","sectionType":"clause","heading":"During an employee’s absence on grandparental leave, the chief executive may, with the","content":"During an employee’s absence on grandparental leave, the chief executive may, with the\nemployee’s written consent, declare the employee unattached.","sortOrder":1128},{"sectionNumber":"E20.2","sectionType":"clause","heading":"- Adoption, Permanent or Long Term Care Leave","content":"- Adoption, Permanent or Long Term Care Leave\nPurpose","sortOrder":1129},{"sectionNumber":"E20.1","sectionType":"clause","heading":"Adoption, permanent or long term care leave is available to employees to enable them to be","content":"Adoption, permanent or long term care leave is available to employees to enable them to be\nabsent from duty to do the following:","sortOrder":1130},{"sectionNumber":"E20.1.1","sectionType":"clause","heading":"Care for and bond with an adopted child or a child for whom the employee has a","content":"Care for and bond with an adopted child or a child for whom the employee has a\npermanent caring responsibility, including kinship arrangements, where the child is\nunder 18 years old.","sortOrder":1131},{"sectionNumber":"E20.1.2","sectionType":"clause","heading":"Support the protection of the family and children under the Human Rights Act 2004","content":"Support the protection of the family and children under the Human Rights Act 2004\nand the Children and Young People Act 2008.\nEligibility","sortOrder":1132},{"sectionNumber":"E20.2.2","sectionType":"clause","heading":"Paid adoption, permanent or long term care leave is available to an employee (other than a","content":"Paid adoption, permanent or long term care leave is available to an employee (other than a\ncasual employee) who is the primary care giver of one of the following:","sortOrder":1133},{"sectionNumber":"E20.2.2.2","sectionType":"clause","heading":"A child for whom the employee has a permanent caring responsibility, where the","content":"A child for whom the employee has a permanent caring responsibility, where the\nchild is under 18 years old.","sortOrder":1134},{"sectionNumber":"E20.3","sectionType":"clause","heading":"An employee providing foster care under a Concurrency Care Foster Care Program described","content":"An employee providing foster care under a Concurrency Care Foster Care Program described\nin clause E22 - must be treated as having a permanent caring responsibility, and be eligible\nfor adoption, permanent or long term care leave subject to the terms of this clause.","sortOrder":1135},{"sectionNumber":"E20.4","sectionType":"clause","heading":"An employee is not eligible for any further grant of adoption, permanent or long term care leave","content":"An employee is not eligible for any further grant of adoption, permanent or long term care leave\nfor a child if both the following apply to the employee in relation to that child:","sortOrder":1136},{"sectionNumber":"E20.4.1","sectionType":"clause","heading":"The employee is granted adoption, permanent or long term care leave in respect of","content":"The employee is granted adoption, permanent or long term care leave in respect of\nthe child being cared for under a Concurrency Care Foster Care Program.","sortOrder":1137},{"sectionNumber":"E20.4.2","sectionType":"clause","heading":"The employee subsequently enters into an adoption, permanent or long term care","content":"The employee subsequently enters into an adoption, permanent or long term care\narrangement for that child.","sortOrder":1138},{"sectionNumber":"E20.5","sectionType":"clause","heading":"An employee who has completed at least 12 months continuous service, including recognised","content":"An employee who has completed at least 12 months continuous service, including recognised\nprior service, immediately prior to commencing a period of adoption, permanent or long term\ncare leave is eligible for adoption, permanent or long term care leave.\nCanberra Institute\nof Technology\nf_p_n_78_\n© Canberra Institute of Technology Page 76 of 195 Date updated: 18/01/2024","sortOrder":1139},{"sectionNumber":"E20.6","sectionType":"clause","heading":"An employee who is eligible for paid primary care giver leave is not eligible for adoption,","content":"An employee who is eligible for paid primary care giver leave is not eligible for adoption,\npermanent or long term care leave.","sortOrder":1140},{"sectionNumber":"E20.7","sectionType":"clause","heading":"An employee who completes 12 months of continuous service within 18 weeks of becoming the","content":"An employee who completes 12 months of continuous service within 18 weeks of becoming the\nprimary care giver for an adopted child or a child for whom the employee has a permanent caring\nresponsibility is eligible for adoption, permanent or long term care leave for the period between\ncompleting 12 months of qualifying service and the end of the first 18 weeks of becoming the\nprimary care giver of the child.\nEntitlement","sortOrder":1141},{"sectionNumber":"E20.8","sectionType":"clause","heading":"An eligible employee is entitled to 18 weeks of paid leave in relation to each occasion of adoption","content":"An eligible employee is entitled to 18 weeks of paid leave in relation to each occasion of adoption\nor commencement of a permanent or long term caring responsibility, less any leave taken in\naccordance with clause E21 - in the same 12 month period in relation to the same child.","sortOrder":1142},{"sectionNumber":"E20.9","sectionType":"clause","heading":"A casual employee is entitled to unpaid pre-adoption leave in accordance with the provisions of","content":"A casual employee is entitled to unpaid pre-adoption leave in accordance with the provisions of\nthe NES.","sortOrder":1143},{"sectionNumber":"E20.10","sectionType":"clause","heading":"To avoid doubt, the entitlement under subclause E20.8 does not increase when the adoption,","content":"To avoid doubt, the entitlement under subclause E20.8 does not increase when the adoption,\npermanent or long term caring responsibility involves more than one child at the time of\napplication.","sortOrder":1144},{"sectionNumber":"E20.11","sectionType":"clause","heading":"Adoption, permanent or long teerm care leave is non-cumulative.","content":"Adoption, permanent or long teerm care leave is non-cumulative.","sortOrder":1145},{"sectionNumber":"E20.12","sectionType":"clause","heading":"An employee is entitled to return to work in accordance with the provisions in the NES.","content":"An employee is entitled to return to work in accordance with the provisions in the NES.\nEvidence and conditions","sortOrder":1146},{"sectionNumber":"E20.13","sectionType":"clause","heading":"An employee should discuss with their manager or supervisor, as soon practicable, their","content":"An employee should discuss with their manager or supervisor, as soon practicable, their\nintention to be absent on adoption, permanent or long term care leave.","sortOrder":1147},{"sectionNumber":"E20.14","sectionType":"clause","heading":"An employee must make an application to the chief executive to access their adoption, permanent","content":"An employee must make an application to the chief executive to access their adoption, permanent\nor long term care leave.","sortOrder":1148},{"sectionNumber":"E20.15","sectionType":"clause","heading":"The employee must provide the chief executive with appropriate evidence concerning the","content":"The employee must provide the chief executive with appropriate evidence concerning the\nreasons for and circumstances under which the adoption, permanent or long term care leave\napplication is made, which may include any of the following:","sortOrder":1149},{"sectionNumber":"E20.15.1","sectionType":"clause","heading":"Documents from an adoption authority concerning the adoption.","content":"Documents from an adoption authority concerning the adoption.","sortOrder":1150},{"sectionNumber":"E20.15.2","sectionType":"clause","heading":"An authorisation as a kinship carer made under the Children and Young Peoples Act","content":"An authorisation as a kinship carer made under the Children and Young Peoples Act\n2008.","sortOrder":1151},{"sectionNumber":"E20.15.3","sectionType":"clause","heading":"Documents confirming that an arrangement consistent with the terms set out in","content":"Documents confirming that an arrangement consistent with the terms set out in\nclause E22 - applies.","sortOrder":1152},{"sectionNumber":"E20.16","sectionType":"clause","heading":"In all cases details of leave being taken by other persons in relation to the same child must be","content":"In all cases details of leave being taken by other persons in relation to the same child must be\nprovided.","sortOrder":1153},{"sectionNumber":"E20.17","sectionType":"clause","heading":"Leave under this clause must not be approved for employees in circumstances where the child","content":"Leave under this clause must not be approved for employees in circumstances where the child\nhas lived continuously with the employee for a period of 6 months or more at the date of\nplacement or in cases where the child is a child of the employee or employee’s spouse or\npartner.","sortOrder":1154},{"sectionNumber":"E20.18","sectionType":"clause","heading":"Before granting leave the chief executive must be satisfied that the employee is the primary care","content":"Before granting leave the chief executive must be satisfied that the employee is the primary care\ngiver.","sortOrder":1155},{"sectionNumber":"E20.19","sectionType":"clause","heading":"Adoption, permanent or long term care leave may commence up to one week prior to the date","content":"Adoption, permanent or long term care leave may commence up to one week prior to the date\nthe employee assumes permanent caring responsibility for the child but not later than the\nformal commencement of the adoption or permanent or long term caring responsibility, unless\nexceptional circumstances apply.\nCanberra Institute\nof Technology\nf_p_n_79_\n© Canberra Institute of Technology Page 77 of 195 Date updated: 18/01/2024","sortOrder":1156},{"sectionNumber":"E20.20","sectionType":"clause","heading":"In all cases, the child must be under 18 years old on the date the employee assumes permanent","content":"In all cases, the child must be under 18 years old on the date the employee assumes permanent\nresponsibility for the child for leave to be approved.\nRate of payment","sortOrder":1157},{"sectionNumber":"E20.21","sectionType":"clause","heading":"Adoption, permanent or long term care leave is granted with pay, except for unpaid pre-","content":"Adoption, permanent or long term care leave is granted with pay, except for unpaid pre-\nadoption leave for casual employees.","sortOrder":1158},{"sectionNumber":"E20.22","sectionType":"clause","heading":"The rate of payment to be paid to the employee during a paid period of adoption, permanent or","content":"The rate of payment to be paid to the employee during a paid period of adoption, permanent or\nlong term care leave is the same rate as would be paid if the employee was granted personal\nleave.","sortOrder":1159},{"sectionNumber":"E20.23","sectionType":"clause","heading":"Despite subclause E20.22 where an employee varies their ordinary hours of work, either from","content":"Despite subclause E20.22 where an employee varies their ordinary hours of work, either from\npart-time to full-time, from part-time to different part-time, or from full-time to part-time,\nduring the 12 month period directly preceding adoption, permanent or long term caring leave,\nthe rate of payment for the paid component of their adoption, permanent or long term care\nleave, which is capped at full-time rates, is calculated by using the average of their ordinary\nhours of work, excluding any periods of leave without pay, for the 12-month period\nimmediately before the period of adoption, permanent or long term care leave commences.","sortOrder":1160},{"sectionNumber":"E20.24","sectionType":"clause","heading":"To avoid doubt, an employee’s status and all other entitlements remain unaltered by the","content":"To avoid doubt, an employee’s status and all other entitlements remain unaltered by the\noperation of subclause E20.23.","sortOrder":1161},{"sectionNumber":"E20.25","sectionType":"clause","heading":"The chief executive may approve an employee taking adoption, permanent or long term care leave","content":"The chief executive may approve an employee taking adoption, permanent or long term care leave\nin a non-continuous manner, provided a period of annual leave or long service leave in between\nthe periods of adoption, permanent or long term care leave will not be approved until the\nemployee has used all of the employee’s paid adoption, permanent or long term care leave\nentitlement within 52 weeks of the commencement of the adoption, permanent or long term\ncaring responsibility.","sortOrder":1162},{"sectionNumber":"E20.26","sectionType":"clause","heading":"Leave may be granted with full or half pay, or a combination of full and half pay, with credits to","content":"Leave may be granted with full or half pay, or a combination of full and half pay, with credits to\nbe deducted on the same basis. The maximum paid period is up to 36 weeks at half pay.\nEffect on other entitlements","sortOrder":1163},{"sectionNumber":"E20.27","sectionType":"clause","heading":"Paid adoption, permanent or long term care leave counts as service for all purposes.","content":"Paid adoption, permanent or long term care leave counts as service for all purposes.","sortOrder":1164},{"sectionNumber":"E20.28","sectionType":"clause","heading":"Public holidays for which the employee would otherwise have been entitled to payment that","content":"Public holidays for which the employee would otherwise have been entitled to payment that\nfall during periods of absence on adoption, permanent or long term care leave will not be paid\nas a normal public holiday.\nInteraction with other leave types","sortOrder":1165},{"sectionNumber":"E20.29","sectionType":"clause","heading":"Adoption, permanent or long term care leave does not extend the maximum period of unpaid","content":"Adoption, permanent or long term care leave does not extend the maximum period of unpaid\nparental leave available to an employee.","sortOrder":1166},{"sectionNumber":"E21.2","sectionType":"clause","heading":"- Foster and Short-term Care Leave","content":"- Foster and Short-term Care Leave\nPurpose","sortOrder":1167},{"sectionNumber":"E21.1","sectionType":"clause","heading":"Foster and short-term care leave is available to employees to enable them to be absent from","content":"Foster and short-term care leave is available to employees to enable them to be absent from\nduty to do the following:","sortOrder":1168},{"sectionNumber":"E21.1.1","sectionType":"clause","heading":"Care for a child in an emergency or other short-term out of home care placement,","content":"Care for a child in an emergency or other short-term out of home care placement,\nincluding kinship arrangements and respite care, that has not been determined to\nbe permanent.","sortOrder":1169},{"sectionNumber":"E21.1.2","sectionType":"clause","heading":"Support the protection of the family and children under the Human Rights Act 2004","content":"Support the protection of the family and children under the Human Rights Act 2004\nand the Children and Young People Act 2008.\nCanberra Institute\nof Technology\nf_p_n_80_\n© Canberra Institute of Technology Page 78 of 195 Date updated: 18/01/2024\nEligibility","sortOrder":1170},{"sectionNumber":"E21.2.2","sectionType":"clause","heading":"Foster and short-term care leave is available to employees (other than casual employees) who","content":"Foster and short-term care leave is available to employees (other than casual employees) who\nare the primary care giver of a child in an emergency or other out of home care placement that\nhas not been determined as permanent.","sortOrder":1171},{"sectionNumber":"E21.3","sectionType":"clause","heading":"An employee who has completed at least 12 months continuous service, including recognised","content":"An employee who has completed at least 12 months continuous service, including recognised\nprior service, immediately prior to commencing a period of foster and short-term care leave, is\neligible for foster and short-term care leave.\nEntitlement","sortOrder":1172},{"sectionNumber":"E21.4","sectionType":"clause","heading":"An eligible employee is entitled to a period of paid leave proportionate to the duration of the","content":"An eligible employee is entitled to a period of paid leave proportionate to the duration of the\ncaring arrangement per application, up to a maximum of 10 working days or shifts per calendar\nyear.","sortOrder":1173},{"sectionNumber":"E21.5","sectionType":"clause","heading":"Where the duration of the existing arrangement is subsequently altered, for example, a change","content":"Where the duration of the existing arrangement is subsequently altered, for example, a change\nfrom an emergency placement to a short-term placement, the employee may, subject to further\napplication and approval, have their leave extended up to a maximum period of 10 working days\nor shifts.","sortOrder":1174},{"sectionNumber":"E21.6","sectionType":"clause","heading":"An eligible employee is entitled to paid leave as per subclause E21.4 to undertake accreditation","content":"An eligible employee is entitled to paid leave as per subclause E21.4 to undertake accreditation\ntowards an enduring parental authority to care for the child to whom the current short-term\ncaring arrangement applies.","sortOrder":1175},{"sectionNumber":"E21.7","sectionType":"clause","heading":"The entitlement under subclause E21.4 does not increase when the short-term caring","content":"The entitlement under subclause E21.4 does not increase when the short-term caring\narrangement involves more than one child at the time of application.","sortOrder":1176},{"sectionNumber":"E21.8","sectionType":"clause","heading":"Foster and short-term care leave is non-cumulative.","content":"Foster and short-term care leave is non-cumulative.","sortOrder":1177},{"sectionNumber":"E21.9","sectionType":"clause","heading":"Where an employee exhausts their paid leave entitlement under this clause the employee may","content":"Where an employee exhausts their paid leave entitlement under this clause the employee may\nseek approval for further unpaid leave.\nEvidence and conditions","sortOrder":1178},{"sectionNumber":"E21.10","sectionType":"clause","heading":"An employee should discuss with their manager or supervisor, as soon practicable, their","content":"An employee should discuss with their manager or supervisor, as soon practicable, their\nintention to be absent on foster and short-term care leave.","sortOrder":1179},{"sectionNumber":"E21.11","sectionType":"clause","heading":"An employee must make an application, as soon as practicable, to the chief executive to access","content":"An employee must make an application, as soon as practicable, to the chief executive to access\ntheir foster and short-term care leave.","sortOrder":1180},{"sectionNumber":"E21.12","sectionType":"clause","heading":"The employee must provide the chief executive with appropriate evidence concerning the reasons","content":"The employee must provide the chief executive with appropriate evidence concerning the reasons\nfor and circumstances under which each foster and short -term care leave application is made,\nwhich may include any of the following:","sortOrder":1181},{"sectionNumber":"E21.12.1","sectionType":"clause","heading":"Documents relating to current and previous court orders granting responsibility","content":"Documents relating to current and previous court orders granting responsibility\nfor a foster child.","sortOrder":1182},{"sectionNumber":"E21.12.2","sectionType":"clause","heading":"Documents from a registered health professional or registered medical practitioner.","content":"Documents from a registered health professional or registered medical practitioner.","sortOrder":1183},{"sectionNumber":"E21.13","sectionType":"clause","heading":"Having considered the requirements of this clause the chief executive may approve an employee’s","content":"Having considered the requirements of this clause the chief executive may approve an employee’s\napplication to access foster and short term care leave. A decision not to approve the leave must be\ntaken in accordance with subclause E3.1.\nRate of payment","sortOrder":1184},{"sectionNumber":"E21.14","sectionType":"clause","heading":"Foster and short-term care leave is granted with pay or without pay.","content":"Foster and short-term care leave is granted with pay or without pay.","sortOrder":1185},{"sectionNumber":"E21.15","sectionType":"clause","heading":"The rate of payment during absence on a period of paid foster and short-term care leave is the","content":"The rate of payment during absence on a period of paid foster and short-term care leave is the\nsame rate as would be paid if the employee was granted personal leave.","sortOrder":1186},{"sectionNumber":"E21.16","sectionType":"clause","heading":"The approved leave period may be taken at full pay in a single block or as single or part days.","content":"The approved leave period may be taken at full pay in a single block or as single or part days.\nCanberra Institute\nof Technology\nf_p_n_81_\n© Canberra Institute of Technology Page 79 of 195 Date updated: 18/01/2024\nEffect on other entitlements","sortOrder":1187},{"sectionNumber":"E21.17","sectionType":"clause","heading":"Paid foster and short-term care leave counts as service for all purposes and unpaid foster and","content":"Paid foster and short-term care leave counts as service for all purposes and unpaid foster and\nshort-term care leave does not count as service for any purposes but does not break continuity\nof service.","sortOrder":1188},{"sectionNumber":"E21.18","sectionType":"clause","heading":"Public holidays for which the employee is entitled to payment that fall during periods of","content":"Public holidays for which the employee is entitled to payment that fall during periods of\nabsence on paid foster and short-term care leave must be paid as a normal public holiday and\nwill not be considered to be foster and short-term care leave.\nInteraction with other leave types","sortOrder":1189},{"sectionNumber":"E21.19","sectionType":"clause","heading":"An eligible employee is required to have exhausted their entitlement under this leave clause","content":"An eligible employee is required to have exhausted their entitlement under this leave clause\nbefore accessing their personal leave credit to care for a child, for whom they are responsible\nunder a short-term caring arrangement, who is ill or injured.","sortOrder":1190},{"sectionNumber":"E22.2","sectionType":"clause","heading":"- Concurrency Care Entitlement to Adoption of Permanent Care Leave","content":"- Concurrency Care Entitlement to Adoption of Permanent Care Leave","sortOrder":1191},{"sectionNumber":"E22.1","sectionType":"clause","heading":"For the purpose of subclause E22.2, a community organisation is an organisation involved","content":"For the purpose of subclause E22.2, a community organisation is an organisation involved\nwith out of home care and adoption of children and young people such as the following:","sortOrder":1192},{"sectionNumber":"E22.1.1","sectionType":"clause","heading":"A member of the ACT Together consortium.","content":"A member of the ACT Together consortium.","sortOrder":1193},{"sectionNumber":"E22.1.3","sectionType":"clause","heading":"A similar organisation based outside the ACT.","content":"A similar organisation based outside the ACT.","sortOrder":1194},{"sectionNumber":"E22.2.2","sectionType":"clause","heading":"For the purposes of subclause E22.3, a Concurrency Care Foster Care Program involves a","content":"For the purposes of subclause E22.3, a Concurrency Care Foster Care Program involves a\ncommunity organisation placing a child with foster carers while restoration to the birth family\nis explored. If restoration is not achieved, the foster carers have an opportunity to care for the\nchild permanently. The primary care giver in such an arrangement is required by the\ncommunity organisation to take a minimum of 12 month leave to stabilise the placement of\nthe child.","sortOrder":1195},{"sectionNumber":"E22.3","sectionType":"clause","heading":"Notwithstanding clause E21 -, an employee who provides foster care under a Concurrency Care","content":"Notwithstanding clause E21 -, an employee who provides foster care under a Concurrency Care\nFoster Care Program, in accordance with arrangements approved by the Community Services\nDirectorate, is entitled to apply for adoption, permanent or long term care leave under clause","sortOrder":1196},{"sectionNumber":"E20.30","sectionType":"clause","heading":"-, as if they had a permanent caring responsibility. Such employees are not entitled to leave","content":"-, as if they had a permanent caring responsibility. Such employees are not entitled to leave\nunder clause E21 -.","sortOrder":1197},{"sectionNumber":"E23.2","sectionType":"clause","heading":"- Family, Domestic or Sexual Violence Leave","content":"- Family, Domestic or Sexual Violence Leave\nPurpose","sortOrder":1198},{"sectionNumber":"E23.1","sectionType":"clause","heading":"Leave under this clause is available to employees to enable them to deal with the impact caused","content":"Leave under this clause is available to employees to enable them to deal with the impact caused\nby family, domestic or sexual violence. CIT is committed to assisting employees experiencing\nfamily, domestic or sexual violence to remain in work, maintain their physical and financial\nsecurity and access relevant services.\nEligibility","sortOrder":1199},{"sectionNumber":"E23.2.2","sectionType":"clause","heading":"Family, domestic or sexual violence leave is available to all employees:","content":"Family, domestic or sexual violence leave is available to all employees:","sortOrder":1200},{"sectionNumber":"E23.2.1","sectionType":"clause","heading":"Experiencing family, domestic or sexual violence; or","content":"Experiencing family, domestic or sexual violence; or","sortOrder":1201},{"sectionNumber":"E23.2.2.2","sectionType":"clause","heading":"supporting an immediate family member experiencing family, domestic or sexual","content":"supporting an immediate family member experiencing family, domestic or sexual\nviolence.\nEntitlement","sortOrder":1202},{"sectionNumber":"E23.3","sectionType":"clause","heading":"An employee experiencing family, domestic or sexual violence has access up to a maximum of 20","content":"An employee experiencing family, domestic or sexual violence has access up to a maximum of 20\ndays or shifts per calendar year of paid leave. Family, domestic or sexual violence leave is non-\ncumulative.\nCanberra Institute\nof Technology\nf_p_n_82_\n© Canberra Institute of Technology Page 80 of 195 Date updated: 18/01/2024","sortOrder":1203},{"sectionNumber":"E23.4","sectionType":"clause","heading":"Family, domestic or sexual violence leave is in addition to other leave entitlements and is not to","content":"Family, domestic or sexual violence leave is in addition to other leave entitlements and is not to\nbe used as a substitute for personal leave. However, where supporting evidence is not\nimmediately available the head or service must, grant paid leave under clause E5 - of this\nAgreement (Personal Leave in Special, Extraordinary or Unforeseen Circumstances), subject to\navailable credit. If the employee subsequently produces supporting evidence, the personal leave\nwill be re-credited and the leave taken will be converted to family, domestic or sexual violence\nleave.","sortOrder":1204},{"sectionNumber":"E23.5","sectionType":"clause","heading":"Family, domestic or sexual violence leave is to be used for, but not limited to, the following actions","content":"Family, domestic or sexual violence leave is to be used for, but not limited to, the following actions\nrequired as a consequence of family, domestic or sexual violence occurring:","sortOrder":1205},{"sectionNumber":"E23.5.1","sectionType":"clause","heading":"Attendance at appropriate medical appointments for referral to other appropriate","content":"Attendance at appropriate medical appointments for referral to other appropriate\ncounselling or support services.","sortOrder":1206},{"sectionNumber":"E23.5.4","sectionType":"clause","heading":"Seeking assistance from other relevant support services.","content":"Seeking assistance from other relevant support services.","sortOrder":1207},{"sectionNumber":"E23.5.8","sectionType":"clause","heading":"Attending to Protection Order matters and Domestic Violence Order matters however","content":"Attending to Protection Order matters and Domestic Violence Order matters however\ntermed.","sortOrder":1208},{"sectionNumber":"E23.5.9","sectionType":"clause","heading":"Attending to issues arising through urgent property damage.","content":"Attending to issues arising through urgent property damage.","sortOrder":1209},{"sectionNumber":"E23.5.10","sectionType":"clause","heading":"Seeking veterinary assistance for pets injured.","content":"Seeking veterinary assistance for pets injured.","sortOrder":1210},{"sectionNumber":"E23.5.12","sectionType":"clause","heading":"Accessing alternative childcare or schooling for children.","content":"Accessing alternative childcare or schooling for children.","sortOrder":1211},{"sectionNumber":"E23.5.13","sectionType":"clause","heading":"Any other reason relating to recovering from the effects of experiencing family,","content":"Any other reason relating to recovering from the effects of experiencing family,\ndomestic or sexual violence where personal leave is not applicable.\nNote: An employee, accessing leave under this provision, may require additional time for travel\nand recovery following attendance at appointments, proceedings etc.","sortOrder":1212},{"sectionNumber":"E23.6","sectionType":"clause","heading":"Family, domestic or sexual violence leave may be taken as consecutive or single days, or as part","content":"Family, domestic or sexual violence leave may be taken as consecutive or single days, or as part\ndays.","sortOrder":1213},{"sectionNumber":"E23.7","sectionType":"clause","heading":"For confidentiality and privacy reasons family, domestic or sexual violence leave will be","content":"For confidentiality and privacy reasons family, domestic or sexual violence leave will be\nattributed as coming under “where leave cannot be granted under any other provision” which\nis included and identified within “Other Leave Types” in Annex D of this Agreement.\nEvidence and conditions","sortOrder":1214},{"sectionNumber":"E23.8","sectionType":"clause","heading":"Employees wishing to access family, domestic or sexual violence leave should discuss making an","content":"Employees wishing to access family, domestic or sexual violence leave should discuss making an\napplication with their manager or supervisor or an appropriate HR Manager as soon as reasonably\npractical.","sortOrder":1215},{"sectionNumber":"E23.9","sectionType":"clause","heading":"As a general rule, a leave application should be submitted by an employee for approval by the","content":"As a general rule, a leave application should be submitted by an employee for approval by the\nchief executive before the commencement of the leave. However, retrospective applications\nmay be approved provided that appropriate evidence is provided as soon as reasonably\npracticable upon the employee’s return to the workplace.","sortOrder":1216},{"sectionNumber":"E23.10","sectionType":"clause","heading":"Evidence of the occurrence of family, domestic or sexual violence is required to access leave for","content":"Evidence of the occurrence of family, domestic or sexual violence is required to access leave for\nfamily, domestic or sexual violence purposes.\nCanberra Institute\nof Technology\nf_p_n_83_\n© Canberra Institute of Technology Page 81 of 195 Date updated: 18/01/2024","sortOrder":1217},{"sectionNumber":"E23.11","sectionType":"clause","heading":"Evidence may include any of the following:","content":"Evidence may include any of the following:","sortOrder":1218},{"sectionNumber":"E23.11.1","sectionType":"clause","heading":"A document issued by the Police or a court.","content":"A document issued by the Police or a court.","sortOrder":1219},{"sectionNumber":"E23.11.2","sectionType":"clause","heading":"A written referral, issued by a registered medical practitioner or registered nurse,","content":"A written referral, issued by a registered medical practitioner or registered nurse,\nto a counsellor trained in providing support in family, domestic or sexual violence\nsituations.","sortOrder":1220},{"sectionNumber":"E23.11.3","sectionType":"clause","heading":"A document issued by a counsellor who is trained in providing support to people","content":"A document issued by a counsellor who is trained in providing support to people\nexperiencing the effects of family, domestic or sexual violence.","sortOrder":1221},{"sectionNumber":"E23.11.4","sectionType":"clause","heading":"Written confirmation from an Employee Assistance Program provider or from a","content":"Written confirmation from an Employee Assistance Program provider or from a\nfamily, domestic or sexual violence support service that the employee is\nexperiencing family, domestic or sexual violence issues.","sortOrder":1222},{"sectionNumber":"E23.12","sectionType":"clause","heading":"Managers are to keep all information concerning the leave application strictly confidential. This","content":"Managers are to keep all information concerning the leave application strictly confidential. This\nincludes, after sighting any supporting documentation, returning that documentation to the\nemployee.","sortOrder":1223},{"sectionNumber":"E23.13","sectionType":"clause","heading":"Having considered the requirements of this clause the chief executive may approve an employee’s","content":"Having considered the requirements of this clause the chief executive may approve an employee’s\napplication to access family, domestic or sexual violence leave. A decision not to approve the leave\nmust be taken in accordance with subclause E3.1.\nRate of payment","sortOrder":1224},{"sectionNumber":"E23.14","sectionType":"clause","heading":"Family, domestic or sexual violence leave is granted with pay.","content":"Family, domestic or sexual violence leave is granted with pay.","sortOrder":1225},{"sectionNumber":"E23.15","sectionType":"clause","heading":"For an employee other than a casual employee, the rate of payment for family, domestic or sexual","content":"For an employee other than a casual employee, the rate of payment for family, domestic or sexual\nviolence leave is the employee’s full rate of pay, worked out as if the employee had not taken the\nperiod of leave.","sortOrder":1226},{"sectionNumber":"E23.16","sectionType":"clause","heading":"For a casual employee, the rate of payment for family, domestic or sexual violence leave is the","content":"For a casual employee, the rate of payment for family, domestic or sexual violence leave is the\nemployee’s full rate of pay, worked out as if the employee had worked the hours in the period for\nwhich the employee was rostered or expected to be rostered.","sortOrder":1227},{"sectionNumber":"E23.17","sectionType":"clause","heading":"Family, domestic or sexual violence leave may be granted at half pay where there are extenuating","content":"Family, domestic or sexual violence leave may be granted at half pay where there are extenuating\ncircumstances.\nEffect on other entitlements","sortOrder":1228},{"sectionNumber":"E23.18","sectionType":"clause","heading":"Leave with pay for family, domestic or sexual violence purposes counts as service for all","content":"Leave with pay for family, domestic or sexual violence purposes counts as service for all\npurposes.\nInteraction with other leave types","sortOrder":1229},{"sectionNumber":"E23.19","sectionType":"clause","heading":"Where family, domestic or sexual violence leave credits have been exhausted, the chief","content":"Where family, domestic or sexual violence leave credits have been exhausted, the chief\nexecutive may grant an employee leave without pay or other forms of paid leave, such as\nannual leave or long service leave.","sortOrder":1230},{"sectionNumber":"E23.20","sectionType":"clause","heading":"Employees should utilise personal leave for an illness or injury, or to seek treatment for an","content":"Employees should utilise personal leave for an illness or injury, or to seek treatment for an\nillness or injury, caused by family, domestic or sexual violence.","sortOrder":1231},{"sectionNumber":"E23.21","sectionType":"clause","heading":"Leave entitlements under clause E5 - of this Agreement (Personal Leave in Special,","content":"Leave entitlements under clause E5 - of this Agreement (Personal Leave in Special,\nExtraordinary or Unforeseen Circumstances) may be used by an employee who is seeking leave\nto support a person who is experiencing family, domestic or sexual violence.\nEmployee Assistance","sortOrder":1232},{"sectionNumber":"E23.22","sectionType":"clause","heading":"Reasonable adjustments must be facilitated to ensure the employee’s individual safety in the","content":"Reasonable adjustments must be facilitated to ensure the employee’s individual safety in the\nworkplace including different work locations, removal or change of phone listing, changes to\ntheir work email address and other practicable workplace adjustments.\nCanberra Institute\nof Technology\nf_p_n_84_\n© Canberra Institute of Technology Page 82 of 195 Date updated: 18/01/2024","sortOrder":1233},{"sectionNumber":"E24.2","sectionType":"clause","heading":"- Recovery Leave Arrangements for Employees above Senior Officer Grade A and","content":"- Recovery Leave Arrangements for Employees above Senior Officer Grade A and\nEquivalent*\nThis clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.","sortOrder":1234},{"sectionNumber":"E25.3","sectionType":"clause","heading":"- Long Service Leave*","content":"- Long Service Leave*\nThis clause should be read in conjunction with clause M6 -.\nDefinitions","sortOrder":1235},{"sectionNumber":"E25.1","sectionType":"clause","heading":"The following definitions apply to long service leave:","content":"The following definitions apply to long service leave:","sortOrder":1236},{"sectionNumber":"E25.1.1","sectionType":"clause","heading":"Current rate of salary means the salary an employee received on the relevant day.","content":"Current rate of salary means the salary an employee received on the relevant day.","sortOrder":1237},{"sectionNumber":"E25.1.2","sectionType":"clause","heading":"(a) continuous employment by the ACTPS; and","content":"(a) continuous employment by the ACTPS; and","sortOrder":1238},{"sectionNumber":"E25.1.2.2","sectionType":"clause","heading":"(b) continuous recognised prior employment; and","content":"(b) continuous recognised prior employment; and","sortOrder":1239},{"sectionNumber":"E25.1.2.3","sectionType":"clause","heading":"(c) a period of leave without pay to count as service (other than personal","content":"(c) a period of leave without pay to count as service (other than personal\nleave without pay in excess of 78 weeks and leave in relation to defence\nemployment being employment in the Reserve Forces or of the Citizen\nForces either on a continuous full-time basis or for a period fixed in\naccordance with the Defence Act 1903, or equivalent legislation as in\nforce at the relevant time, or national service; and","sortOrder":1240},{"sectionNumber":"E25.1.3","sectionType":"clause","heading":"(a) employment remunerated by fees, allowances or commission,","content":"(a) employment remunerated by fees, allowances or commission,\nhonorarium or equivalent; and","sortOrder":1241},{"sectionNumber":"E25.1.3.2","sectionType":"clause","heading":"(b) appointment or engagement for the sole purpose of overseas","content":"(b) appointment or engagement for the sole purpose of overseas\nemployment; and","sortOrder":1242},{"sectionNumber":"E25.1.4","sectionType":"clause","heading":"Prescribed average number of hours in respect of part-time employment is the","content":"Prescribed average number of hours in respect of part-time employment is the\ngreater of:","sortOrder":1243},{"sectionNumber":"E25.1.4.2","sectionType":"clause","heading":"(a) the employee’s average number of hours of employment per week:","content":"(a) the employee’s average number of hours of employment per week:","sortOrder":1244},{"sectionNumber":"E25.1.4.3","sectionType":"clause","heading":"(b) during the 12 months of eligible part-time employment ending on the","content":"(b) during the 12 months of eligible part-time employment ending on the\nrelevant day set out above; or","sortOrder":1245},{"sectionNumber":"E25.1.4.4","sectionType":"clause","heading":"(c) during the periods aggregating 12 months the employee was last","content":"(c) during the periods aggregating 12 months the employee was last\nemployed on part-time hours before the relevant day set out above; or","sortOrder":1246},{"sectionNumber":"E25.1.4.5","sectionType":"clause","heading":"(d) if the employee has less than 12 months of eligible part-time","content":"(d) if the employee has less than 12 months of eligible part-time\nemployment, during the period or periods when the employee has been\nemployed on part-time hours; or","sortOrder":1247},{"sectionNumber":"E25.1.4.6","sectionType":"clause","heading":"(e) the employee’s average number of hours of employment per week","content":"(e) the employee’s average number of hours of employment per week","sortOrder":1248},{"sectionNumber":"E25.1.4.7","sectionType":"clause","heading":"(f) during the entire period of their eligible employment.","content":"(f) during the entire period of their eligible employment.","sortOrder":1249},{"sectionNumber":"E25.1.5","sectionType":"clause","heading":"(a) In relation to an employee who has been granted long service leave, the","content":"(a) In relation to an employee who has been granted long service leave, the\nday immediately before the date that leave commences; and","sortOrder":1250},{"sectionNumber":"E25.1.5.2","sectionType":"clause","heading":"(b) in relation to an employee who receives a payment in lieu of long service","content":"(b) in relation to an employee who receives a payment in lieu of long service\nleave:\nCanberra Institute\nof Technology\nf_p_n_85_\n© Canberra Institute of Technology Page 83 of 195 Date updated: 18/01/2024","sortOrder":1251},{"sectionNumber":"E25.1.5.3","sectionType":"clause","heading":"(b) (i) the day immediately before the date they cease to be","content":"(b) (i) the day immediately before the date they cease to be\nan employee; or","sortOrder":1252},{"sectionNumber":"E25.1.5.4","sectionType":"clause","heading":"(b) (ii) the nominated date to cash out accrued long service","content":"(b) (ii) the nominated date to cash out accrued long service\nleave credit.","sortOrder":1253},{"sectionNumber":"E25.1.6","sectionType":"clause","heading":"Relevant rate per hour means the rate per hour that salary would be payable to the","content":"Relevant rate per hour means the rate per hour that salary would be payable to the\nemployee on the relevant day.\nPurpose","sortOrder":1254},{"sectionNumber":"E25.2.2","sectionType":"clause","heading":"Long service leave is available to employees to enable them to be absent from duty in","content":"Long service leave is available to employees to enable them to be absent from duty in\nrecognition of their length of service in the public sector.\nNote: Historically and in other jurisdictions long service leave may have been, or be, known by\nother names, including long leave, furlough or extended leave.\nEligibility","sortOrder":1255},{"sectionNumber":"E25.3.2","sectionType":"clause","heading":"Long service leave is available to all employees including casual employees.","content":"Long service leave is available to all employees including casual employees.","sortOrder":1256},{"sectionNumber":"E25.4","sectionType":"clause","heading":"This clause does not apply to a person who is:","content":"This clause does not apply to a person who is:","sortOrder":1257},{"sectionNumber":"E25.4.1","sectionType":"clause","heading":"seconded to CIT from the Commonwealth, State or Territory government; or","content":"seconded to CIT from the Commonwealth, State or Territory government; or","sortOrder":1258},{"sectionNumber":"E25.4.2","sectionType":"clause","heading":"appointed or engaged for the sole purpose of employment outside Australia (overseas","content":"appointed or engaged for the sole purpose of employment outside Australia (overseas\nemployment).","sortOrder":1259},{"sectionNumber":"E25.5","sectionType":"clause","heading":"The eligibility requirements and entitlements for long service leave under the PSM Standards","content":"The eligibility requirements and entitlements for long service leave under the PSM Standards\napply, subject to the provisions of this clause.","sortOrder":1260},{"sectionNumber":"E25.6","sectionType":"clause","heading":"Chief Minister Treasury and Economic Development (CMTEDD) must consult with the unions and","content":"Chief Minister Treasury and Economic Development (CMTEDD) must consult with the unions and\nseek union agreement in relation to changes to long service leave entitlements provided under the\nPSM Standards.\nEntitlement","sortOrder":1261},{"sectionNumber":"E25.7","sectionType":"clause","heading":"Long service leave is measured in months.","content":"Long service leave is measured in months.","sortOrder":1262},{"sectionNumber":"E25.8","sectionType":"clause","heading":"Employees accrue long service leave at the rate of 3 months for each ten years of completed","content":"Employees accrue long service leave at the rate of 3 months for each ten years of completed\neligible employment, or an equivalent aggregate period of employment for casual employees.","sortOrder":1263},{"sectionNumber":"E25.9","sectionType":"clause","heading":"For employees who take long service leave and return to duty following completion of their long","content":"For employees who take long service leave and return to duty following completion of their long\nservice leave, or for employees who take payment in lieu of long service leave, their long service\nleave credit is calculated based on their aggregate completed years of eligible employment (e.g.\nthe period 1 February 2009 to 31 July 2021 equates to 12 years for long service leave calculation).","sortOrder":1264},{"sectionNumber":"E25.10","sectionType":"clause","heading":"For employees who will cease employment with CIT following completion of their long service","content":"For employees who will cease employment with CIT following completion of their long service\nleave, or payment in lieu of long service leave, their long service leave credit is calculated based on\ntheir aggregate completed years and months of eligible employment (e.g. the period 1 February","sortOrder":1265},{"sectionNumber":"2009.2","sectionType":"clause","heading":"to 31 July 2021 equates to 12 years and 6 months for long service leave calculation).","content":"to 31 July 2021 equates to 12 years and 6 months for long service leave calculation).","sortOrder":1266},{"sectionNumber":"E25.11","sectionType":"clause","heading":"Long service leave is cumulative and there is no limit on the long service leave balance an","content":"Long service leave is cumulative and there is no limit on the long service leave balance an\nemployee may accrue.","sortOrder":1267},{"sectionNumber":"E25.12","sectionType":"clause","heading":"Employees accrue separate full-time and part-time long service leave credits according to the","content":"Employees accrue separate full-time and part-time long service leave credits according to the\nemployee’s ordinary hours of work and the following formula:\nFull-time credit formula Part-time credit formula\nFull-time credit = (3a/10 - b) Part-time credit = (3c/10 - d)\nwhere: where:\nCanberra Institute\nof Technology\nf_p_n_86_\n© Canberra Institute of Technology Page 84 of 195 Date updated: 18/01/2024\na = the aggregate number of years of eligible\nfull-time employment\nb = the aggregate number of months of long service\nleave previously paid to the employee in relation\nto the employee’s full-time employment at any\ntime during their eligible employment.\nc = the aggregate number of years of eligible\npart-time employment\nd = the aggregate number of months of long service\nleave previously paid to the employee in relation\nto the employee’s part-time employment at any\ntime during their eligible employment.","sortOrder":1268},{"sectionNumber":"E25.13","sectionType":"clause","heading":"For calculating an employee’s long service leave credit:","content":"For calculating an employee’s long service leave credit:","sortOrder":1269},{"sectionNumber":"E25.13.1","sectionType":"clause","heading":"For permanent and temporary employees, a period of leave without pay of one day or","content":"For permanent and temporary employees, a period of leave without pay of one day or\nmore that does not count as service does not count towards long service accrual, but\ndoes not break a period of employment for the purpose of determining an\nemployee’s eligibility for long service leave.","sortOrder":1270},{"sectionNumber":"E25.13.2","sectionType":"clause","heading":"Where an employee has a break in employment, or a break between other eligible","content":"Where an employee has a break in employment, or a break between other eligible\nemployment and ACTPS employment, of longer than 12 months the prior\nemployment will not be counted as employment that accrues long service leave.","sortOrder":1271},{"sectionNumber":"E25.13.3","sectionType":"clause","heading":"On commencement, if during a period of eligible employment an employee","content":"On commencement, if during a period of eligible employment an employee\nreceived a payment in lieu of long service leave, or an equivalent type of leave, in\nthe ACTPS or another jurisdiction, the employee is taken to have been granted a\nperiod of long service leave equal to the period of long service leave that payment\nwas made for.\nEvidence and conditions","sortOrder":1272},{"sectionNumber":"E25.14","sectionType":"clause","heading":"An employee should discuss with the chief executive as soon as practicable their intention to","content":"An employee should discuss with the chief executive as soon as practicable their intention to\nbe absent on long service leave.","sortOrder":1273},{"sectionNumber":"E25.15","sectionType":"clause","heading":"An employee or their legal representative must make an application to the chief executive to","content":"An employee or their legal representative must make an application to the chief executive to\naccess their long service leave entitlement.","sortOrder":1274},{"sectionNumber":"E25.16","sectionType":"clause","heading":"Having considered the requirements of this section the chief executive may approve an","content":"Having considered the requirements of this section the chief executive may approve an\nemployee’s application to access long service leave, or payment in lieu of long service leave, to the\nextent of that employee’s pro-rata long service leave credits after an aggregated seven years of\ncompleted eligible employment.\nNote: After seven years eligible employment the employee will have accrued 2.1 months of long\nservice leave credit (i.e. 3 x 7/10).","sortOrder":1275},{"sectionNumber":"E25.17","sectionType":"clause","heading":"The minimum period of long service leave an employee may request is one day.","content":"The minimum period of long service leave an employee may request is one day.","sortOrder":1276},{"sectionNumber":"E25.18","sectionType":"clause","heading":"If the chief executive does not approve an application by an employee for long service leave","content":"If the chief executive does not approve an application by an employee for long service leave\nbecause of operational requirements the chief executive must consult with the employee to\ndetermine a mutually convenient alternative time (or times) for the employee to take the leave.\nPayment in Lieu","sortOrder":1277},{"sectionNumber":"E25.19","sectionType":"clause","heading":"To encourage the flexible use of long service leave, an employee may, in writing, request the","content":"To encourage the flexible use of long service leave, an employee may, in writing, request the\napproval of the chief executive for payment in lieu (cash out) of long service leave.","sortOrder":1278},{"sectionNumber":"E25.20","sectionType":"clause","heading":"The minimum period an employee may request a payment in lieu of long service leave is seven","content":"The minimum period an employee may request a payment in lieu of long service leave is seven\ndays.","sortOrder":1279},{"sectionNumber":"E25.21","sectionType":"clause","heading":"The chief executive may approve the partial or full payment in lieu of an employee’s accrued long","content":"The chief executive may approve the partial or full payment in lieu of an employee’s accrued long\nservice leave credit on a relevant day, nominated by the employee in their application. The\npayment in lieu of long service leave will be based on the rate of pay the employee would have\nreceived had the employee taken the leave from the relevant day.\nCanberra Institute\nof Technology\nf_p_n_87_\n© Canberra Institute of Technology Page 85 of 195 Date updated: 18/01/2024","sortOrder":1280},{"sectionNumber":"E25.22","sectionType":"clause","heading":"Employees will receive payment on separation of any pro-rata long service leave entitlements","content":"Employees will receive payment on separation of any pro-rata long service leave entitlements\nafter an aggregated 7 years of completed eligible employment, at their full rate of pay as if\nthey had taken their entire long service leve credit on the day their employment ends .","sortOrder":1281},{"sectionNumber":"E25.23","sectionType":"clause","heading":"Where an employee whose period of eligible employment is less than seven years but not less","content":"Where an employee whose period of eligible employment is less than seven years but not less\nthan one year ceases to be an employee:","sortOrder":1282},{"sectionNumber":"E25.23.1","sectionType":"clause","heading":"otherwise than because of the employee’s death, on, or after, the employee attaining","content":"otherwise than because of the employee’s death, on, or after, the employee attaining\nthe minimum retiring age; or","sortOrder":1283},{"sectionNumber":"E25.23.2","sectionType":"clause","heading":"because of the employee’s redundancy; or","content":"because of the employee’s redundancy; or","sortOrder":1284},{"sectionNumber":"E25.23.3","sectionType":"clause","heading":"satisfies the chief executive that the employee so ceasing is due to ill health of such a","content":"satisfies the chief executive that the employee so ceasing is due to ill health of such a\nnature as to justify the employee so ceasing\nthe chief executive will authorise payment to the employee under this subclause of an amount\nequal to the salary the employee would have received had they taken long service leave on the\nday their employment ends.","sortOrder":1285},{"sectionNumber":"E25.24","sectionType":"clause","heading":"If an employee whose period of employment is not less than one year dies, the chief executive","content":"If an employee whose period of employment is not less than one year dies, the chief executive\nmay authorise payment of an amount equal to the amount that would have been payable to the\nemployee if the employee had, on the day the employee died, ceased to be an employee\notherwise than because of death, on or after, the employee attaining the minimum retiring age.","sortOrder":1286},{"sectionNumber":"E25.25","sectionType":"clause","heading":"A payment or pro rata payment in lieu of long service leave is paid:","content":"A payment or pro rata payment in lieu of long service leave is paid:","sortOrder":1287},{"sectionNumber":"E25.25.1","sectionType":"clause","heading":"if the officer was employed in the same capacities on the relevant day and the day","content":"if the officer was employed in the same capacities on the relevant day and the day\nimmediately before the relevant day – at the officer’s full rate of pay on the relevant\nday; or","sortOrder":1288},{"sectionNumber":"E25.25.2","sectionType":"clause","heading":"if the officer is employed in different capacities on the relevant day and on the day","content":"if the officer is employed in different capacities on the relevant day and on the day\nimmediately before the relevant day – at the officer’s full rate of pay on the day\nimmediately before the relevant day.\nRate of Payment","sortOrder":1289},{"sectionNumber":"E25.26","sectionType":"clause","heading":"Long service leave will be paid at:","content":"Long service leave will be paid at:\nEmployment Rate of Payment\nWhere an employee’s accrued long service leave\nincludes eligible full-time employment the\npayment in relation to full-time long service leave\ncredit will be calculated.\nAt the employee’s current rate of salary or relevant\nrate per week on the relevant day.\nWhere an employee’s accrued long service leave\nincludes eligible part-time employment with no\nchange in ordinary hours the payment in relation\nto part-time long service leave credit will be\ncalculated.\nAt the employee’s current rate of salary or relevant\nrate per week on the relevant day.\nWhere an employee’s accrued long service leave\nincludes periods of part-time employment of\nvarying weekly hours the payment in relation to\nany part-time long service leave credit will be\ncalculated.\nAt the employee’s relevant rate per hour for that part\nof the long service leave multiplied by the prescribed\naverage number of hours. (PSMS 266(6) – Category A)\nAt the lower of: (PSMS 266(7) – Category B)\n(a) the employee’s current rate of salary per\nweek in relation to that part of leave; or\n(b) calculated as follows – (a x b)/c\nCanberra Institute\nof Technology\nf_p_n_88_\n© Canberra Institute of Technology Page 86 of 195 Date updated: 18/01/2024\nwhere:\na = the employee’s current rate of salary per\nweek in relation to that part of the leave\nb = the prescribed average number of hours\nof the employee’s employment\nc = the employee’s number of hours of\nemployment per week the employee\nworked on the relevant day","sortOrder":1290},{"sectionNumber":"E25.27","sectionType":"clause","heading":"For periods of seven consecutive days or more, long service leave may be taken on double, full or","content":"For periods of seven consecutive days or more, long service leave may be taken on double, full or\nhalf pay when approved by the chief executive and subject to operational requirements, with\ncredits to be deducted on the same basis.","sortOrder":1291},{"sectionNumber":"E25.28","sectionType":"clause","heading":"This subclause has been replaced by M6.1.","content":"This subclause has been replaced by M6.1.","sortOrder":1292},{"sectionNumber":"E25.29","sectionType":"clause","heading":"This subclause has been replaced by M6.2.","content":"This subclause has been replaced by M6.2.","sortOrder":1293},{"sectionNumber":"E25.30","sectionType":"clause","heading":"If the employee is on higher duties at the time of taking, or cashing out, long service leave,","content":"If the employee is on higher duties at the time of taking, or cashing out, long service leave,\npayment for the leave at the higher duties rate will only be approved if the higher duties would\nhave continued for the entire period of the leave taken, or the entire period of the leave cashed\nout.","sortOrder":1294},{"sectionNumber":"E25.31","sectionType":"clause","heading":"Payment in lieu of long service leave if an employee’s employment with CIT ceases will include an","content":"Payment in lieu of long service leave if an employee’s employment with CIT ceases will include an\namount in respect of a higher duties allowance, if:","sortOrder":1295},{"sectionNumber":"E25.31.1","sectionType":"clause","heading":"the officer has performed the duties of an office with a higher classification than their","content":"the officer has performed the duties of an office with a higher classification than their\nsubstantive office for a continuous period of 12 months or ending on the relevant\nday; or","sortOrder":1296},{"sectionNumber":"E25.31.2","sectionType":"clause","heading":"immediately before the person ceased to be an officer, the officer had performed the","content":"immediately before the person ceased to be an officer, the officer had performed the\nduties of two or more offices with a higher classification than their substantive office\nfor periods that were continuous with one another aggregating 12 months or more.","sortOrder":1297},{"sectionNumber":"E25.32","sectionType":"clause","heading":"Payment in lieu of long service leave which includes an amount in respect of higher duties","content":"Payment in lieu of long service leave which includes an amount in respect of higher duties\nallowance is paid at the lowest rate at which higher duties allowance was paid to the officer during\nthat period of higher duties.","sortOrder":1298},{"sectionNumber":"E25.33","sectionType":"clause","heading":"Salary for long service leave includes allowances payable to the employee during long service leave","content":"Salary for long service leave includes allowances payable to the employee during long service leave\nin accordance with Annex C:","sortOrder":1299},{"sectionNumber":"E25.33.1","sectionType":"clause","heading":"for the supply and maintenance by the employee of tools and equipment ordinarily","content":"for the supply and maintenance by the employee of tools and equipment ordinarily\nrequired by them to perform the duties of their work.","sortOrder":1300},{"sectionNumber":"E25.34","sectionType":"clause","heading":"Salary for long service leave does not include:","content":"Salary for long service leave does not include:","sortOrder":1301},{"sectionNumber":"E25.34.3","sectionType":"clause","heading":"payments in the nature of an on-call or restriction allowance.","content":"payments in the nature of an on-call or restriction allowance.\nEffect on other entitlements","sortOrder":1302},{"sectionNumber":"E25.35","sectionType":"clause","heading":"Long service leave counts as service for all purposes.","content":"Long service leave counts as service for all purposes.\nCanberra Institute\nof Technology\nf_p_n_89_\n© Canberra Institute of Technology Page 87 of 195 Date updated: 18/01/2024","sortOrder":1303},{"sectionNumber":"E25.36","sectionType":"clause","heading":"When applying for long service leave an employee must seek approval of the chief executive if","content":"When applying for long service leave an employee must seek approval of the chief executive if\nthey propose to engage in outside employment during the leave.\nAccess to Other Entitlements","sortOrder":1304},{"sectionNumber":"E25.37","sectionType":"clause","heading":"Public holidays, Christmas Shutdown, weekends and other relevant days an employee is","content":"Public holidays, Christmas Shutdown, weekends and other relevant days an employee is\nentitled to be absent from duty under clause E10 - that fall during periods of absence on long\nservice leave are deducted from the employee’s long service leave balance.","sortOrder":1305},{"sectionNumber":"E25.38","sectionType":"clause","heading":"An employee who is ill or injured or cares for a member of the employee’s immediate family or","content":"An employee who is ill or injured or cares for a member of the employee’s immediate family or\nhousehold who is ill or injured, for one day or more while on long service leave and who\nproduces a certificate from a registered health professional who is operating within their scope\nof practice may apply for personal leave.","sortOrder":1306},{"sectionNumber":"E25.39","sectionType":"clause","heading":"If personal leave is granted to the employee, long service leave will be re-credited for the","content":"If personal leave is granted to the employee, long service leave will be re-credited for the\nperiod of personal leave granted.","sortOrder":1307},{"sectionNumber":"E25.40","sectionType":"clause","heading":"An employee may apply for and be granted long service leave during a period they would be","content":"An employee may apply for and be granted long service leave during a period they would be\neligible to be granted:","sortOrder":1308},{"sectionNumber":"E25.40.1","sectionType":"clause","heading":"unpaid birth leave (captured at E14.32); or","content":"unpaid birth leave (captured at E14.32); or","sortOrder":1309},{"sectionNumber":"E25.40.2","sectionType":"clause","heading":"unpaid parental leave (captured at E17.16); or","content":"unpaid parental leave (captured at E17.16); or","sortOrder":1310},{"sectionNumber":"E25.40.3","sectionType":"clause","heading":"grandparental leave (captured at E19.20); or","content":"grandparental leave (captured at E19.20); or","sortOrder":1311},{"sectionNumber":"E25.40.4","sectionType":"clause","heading":"unpaid community service leave for voluntary community service (captured at","content":"unpaid community service leave for voluntary community service (captured at\nE13.38); or","sortOrder":1312},{"sectionNumber":"E25.40.5","sectionType":"clause","heading":"unpaid personal leave (captured at E4.59); or","content":"unpaid personal leave (captured at E4.59); or","sortOrder":1313},{"sectionNumber":"E25.40.6","sectionType":"clause","heading":"Family, domestic or sexual violence leave (captured at E23.19).","content":"Family, domestic or sexual violence leave (captured at E23.19).","sortOrder":1314},{"sectionNumber":"E25.41","sectionType":"clause","heading":"An employee who is prevented from attending for duty under the Public Health Act 1997, part 6","content":"An employee who is prevented from attending for duty under the Public Health Act 1997, part 6\nmay be granted long service leave during that period.","sortOrder":1315},{"sectionNumber":"E26.1","sectionType":"clause","heading":"Disability leave is available to employees to enable them to be absent from duty for the purposes","content":"Disability leave is available to employees to enable them to be absent from duty for the purposes\nof activities associated with an employee’s diagnosed permanent or ongoing physical or\npsychological disability.","sortOrder":1316},{"sectionNumber":"E26.2","sectionType":"clause","heading":"Disability leave supports the Territory’s commitment to being an equitable employer and to","content":"Disability leave supports the Territory’s commitment to being an equitable employer and to\nsupport employees with disability to balance their work commitments with appointments or\nactivities associated with their disability.\nEligibility","sortOrder":1317},{"sectionNumber":"E26.3","sectionType":"clause","heading":"Disability leave is available to employees, other than casual employees, who have a disability. For","content":"Disability leave is available to employees, other than casual employees, who have a disability. For\nthe purposes of this clause, disability is defined as a permanent or ongoing physical or\npsychological disability attributable to one or more intellectual, cognitive, neurological, sensory or\nphysical impairments or to one or more impairments attributable to a psychiatric condition.\nEntitlement","sortOrder":1318},{"sectionNumber":"E26.4","sectionType":"clause","heading":"Employees eligible for disability leave will be entitled up to a maximum of 5 days/shifts of disability","content":"Employees eligible for disability leave will be entitled up to a maximum of 5 days/shifts of disability\nleave per calendar year, subject to the provision of appropriate evidence. Disability leave is non-\ncumulative.","sortOrder":1319},{"sectionNumber":"E26.5","sectionType":"clause","heading":"An employee may be granted disability leave from the first day of service.","content":"An employee may be granted disability leave from the first day of service.\nCanberra Institute\nof Technology\nf_p_n_90_\n© Canberra Institute of Technology Page 88 of 195 Date updated: 18/01/2024","sortOrder":1320},{"sectionNumber":"E26.6","sectionType":"clause","heading":"The use of disability leave is restricted to activities associated with an employee’s disability, and is","content":"The use of disability leave is restricted to activities associated with an employee’s disability, and is\nnot to be used as a substitute for personal leave entitlements available under clause E4 -.","sortOrder":1321},{"sectionNumber":"E26.7","sectionType":"clause","heading":"Disability leave is to be used for activities or appointments associated with the employee’s","content":"Disability leave is to be used for activities or appointments associated with the employee’s\ndisability, including, but not limited to any of the following:","sortOrder":1322},{"sectionNumber":"E26.7.1","sectionType":"clause","heading":"To attend appointments with medical practitioners.","content":"To attend appointments with medical practitioners.","sortOrder":1323},{"sectionNumber":"E26.7.2","sectionType":"clause","heading":"To attend treatment, rehabilitation, therapy or counselling.","content":"To attend treatment, rehabilitation, therapy or counselling.","sortOrder":1324},{"sectionNumber":"E26.7.4","sectionType":"clause","heading":"To receive delivery of, fitting, repairing, maintaining and undergoing training in use of","content":"To receive delivery of, fitting, repairing, maintaining and undergoing training in use of\northoses, prostheses, adaptive equipment, or other aids.","sortOrder":1325},{"sectionNumber":"E26.7.5","sectionType":"clause","heading":"To obtain wheelchair or other equipment maintenance or replacement.","content":"To obtain wheelchair or other equipment maintenance or replacement.","sortOrder":1326},{"sectionNumber":"E26.8","sectionType":"clause","heading":"Disability leave may be taken as consecutive or single days, or as part days.","content":"Disability leave may be taken as consecutive or single days, or as part days.\nEvidence and conditions","sortOrder":1327},{"sectionNumber":"E26.9","sectionType":"clause","heading":"Employees wishing to access disability leave should discuss their intention to take leave with their","content":"Employees wishing to access disability leave should discuss their intention to take leave with their\nmanager or supervisor as soon as practical.","sortOrder":1328},{"sectionNumber":"E26.10","sectionType":"clause","heading":"An employee must make an application to the chief executive to access disability leave","content":"An employee must make an application to the chief executive to access disability leave\naccompanied by supporting documentary evidence.","sortOrder":1329},{"sectionNumber":"E26.11","sectionType":"clause","heading":"Documentary evidence may include any of the following:","content":"Documentary evidence may include any of the following:","sortOrder":1330},{"sectionNumber":"E26.11.1","sectionType":"clause","heading":"A medical certificate from a registered medical practitioner or registered health","content":"A medical certificate from a registered medical practitioner or registered health\nprofessional operating within their scope of practice.","sortOrder":1331},{"sectionNumber":"E26.11.2","sectionType":"clause","heading":"A written referral, issued by a registered medical practitioner.","content":"A written referral, issued by a registered medical practitioner.","sortOrder":1332},{"sectionNumber":"E26.11.4","sectionType":"clause","heading":"Other reasonable forms of documentation.","content":"Other reasonable forms of documentation.","sortOrder":1333},{"sectionNumber":"E26.12","sectionType":"clause","heading":"Having considered the requirements of this clause the chief executive may approve an employee’s","content":"Having considered the requirements of this clause the chief executive may approve an employee’s\napplication to access disability leave, subject to operational requirements in the workplace.","sortOrder":1334},{"sectionNumber":"E26.13","sectionType":"clause","heading":"If the chief executive does not approve an employee’s application for disability leave because of","content":"If the chief executive does not approve an employee’s application for disability leave because of\noperational requirements, the chief executive must consult with the employee to determine a\nmutually convenient alternative time (or times) for the employee to take the leave.\nEmployee support","sortOrder":1335},{"sectionNumber":"E26.14","sectionType":"clause","heading":"An employee may initiate a request to seek support through a flexible work arrangement and","content":"An employee may initiate a request to seek support through a flexible work arrangement and\nreasonable adjustments through an individual plan.","sortOrder":1336},{"sectionNumber":"E26.15","sectionType":"clause","heading":"Following a request made under E26.140, the manager and employee will jointly prepare and","content":"Following a request made under E26.140, the manager and employee will jointly prepare and\nagree to the individual plan.\nRate of payment","sortOrder":1337},{"sectionNumber":"E26.16","sectionType":"clause","heading":"Disability leave must be granted with pay.","content":"Disability leave must be granted with pay.","sortOrder":1338},{"sectionNumber":"E26.17","sectionType":"clause","heading":"The rate of payment to be paid to the employee during a paid period of disability leave is the same","content":"The rate of payment to be paid to the employee during a paid period of disability leave is the same\nrate as would be paid if the employee was granted paid personal leave.\nEffect on other entitlements","sortOrder":1339},{"sectionNumber":"E26.18","sectionType":"clause","heading":"Employees who are unable to attend work due to illness related to their disability may utilise","content":"Employees who are unable to attend work due to illness related to their disability may utilise\npersonal leave.","sortOrder":1340},{"sectionNumber":"E26.19","sectionType":"clause","heading":"Disability leave will count as service for all purposes.","content":"Disability leave will count as service for all purposes.\nCanberra Institute\nof Technology\nf_p_n_91_\n© Canberra Institute of Technology Page 89 of 195 Date updated: 18/01/2024","sortOrder":1341},{"sectionNumber":"E26.20","sectionType":"clause","heading":"Public holidays for which the employee would otherwise have been entitled to payment that fall","content":"Public holidays for which the employee would otherwise have been entitled to payment that fall\nduring periods of absence on disability leave must be paid as a normal public holiday.\nInteraction with other leave entitlements","sortOrder":1342},{"sectionNumber":"E26.21","sectionType":"clause","heading":"Where an employee has exhausted their disability leave entitlement, they may apply to the chief","content":"Where an employee has exhausted their disability leave entitlement, they may apply to the chief\nexecutive for approval to take personal leave, or other forms of paid leave such as annual leave or\nlong service leave.","sortOrder":1343},{"sectionNumber":"E27.1","sectionType":"clause","heading":"Surrogacy leave is available to pregnant employees who have entered into a valid surrogacy","content":"Surrogacy leave is available to pregnant employees who have entered into a valid surrogacy\narrangement to enable them to be absent from duty to do both of the following:","sortOrder":1344},{"sectionNumber":"E27.1.2","sectionType":"clause","heading":"Support the employee’s right to continuity of service.","content":"Support the employee’s right to continuity of service.\nEligibility","sortOrder":1345},{"sectionNumber":"E27.2","sectionType":"clause","heading":"An employee who is pregnant as part of a valid Australian surrogacy agreement is eligible to be","content":"An employee who is pregnant as part of a valid Australian surrogacy agreement is eligible to be\nabsent on surrogacy leave.","sortOrder":1346},{"sectionNumber":"E27.3","sectionType":"clause","heading":"An employee who is eligible for surrogacy leave is not entitled to birth leave under clause E14 -.","content":"An employee who is eligible for surrogacy leave is not entitled to birth leave under clause E14 -.","sortOrder":1347},{"sectionNumber":"E27.4","sectionType":"clause","heading":"An employee is eligible for surrogacy leave where one of the following applies:","content":"An employee is eligible for surrogacy leave where one of the following applies:","sortOrder":1348},{"sectionNumber":"E27.4.1","sectionType":"clause","heading":"The employee gives birth to a newborn child as part of a valid surrogacy agreement.","content":"The employee gives birth to a newborn child as part of a valid surrogacy agreement.","sortOrder":1349},{"sectionNumber":"E27.4.2","sectionType":"clause","heading":"The employee’s pregnancy as part of a valid surrogacy agreement ends at within 20","content":"The employee’s pregnancy as part of a valid surrogacy agreement ends at within 20\nweeks of the estimated date of delivery other than by the birth of a living child\n(including stillbirth).","sortOrder":1350},{"sectionNumber":"E27.5","sectionType":"clause","heading":"Where an employee’s pregnancy ends more than 20 weeks before the estimated date of delivery","content":"Where an employee’s pregnancy ends more than 20 weeks before the estimated date of delivery\nof the child any surrogacy leave which has been prospectively approved must be cancelled. In this\ncircumstance the employee may become eligible for compassionate leave in accordance with\nclause E12 - and/or special birth leave in accordance with clause E15 -.\nEligibility – paid surrogacy leave","sortOrder":1351},{"sectionNumber":"E27.6","sectionType":"clause","heading":"An employee, other than a casual employee, who is eligible for surrogacy leave and who has","content":"An employee, other than a casual employee, who is eligible for surrogacy leave and who has\ncompleted 12 months of continuous service, including recognised prior service, immediately prior\nto commencing a period of surrogacy leave is eligible for paid surrogacy leave.","sortOrder":1352},{"sectionNumber":"E27.7","sectionType":"clause","heading":"An employee, other than a casual employee, who is eligible for surrogacy leave and who","content":"An employee, other than a casual employee, who is eligible for surrogacy leave and who\ncompletes 12 months of continuous service within the first 12 weeks of surrogacy leave is eligible\nfor paid surrogacy leave for the period between completing 12 months of service and the end of\nthe first 12 weeks of surrogacy leave.","sortOrder":1353},{"sectionNumber":"E27.8","sectionType":"clause","heading":"An employee who is eligible for paid surrogacy leave and who is on approved leave without pay is","content":"An employee who is eligible for paid surrogacy leave and who is on approved leave without pay is\neligible for paid surrogacy leave for the period between completing the approved period of leave\nwithout pay and the end of the first 12 weeks of surrogacy leave.\nEntitlement","sortOrder":1354},{"sectionNumber":"E27.9","sectionType":"clause","heading":"Subject to subclause E27.6, an employee who is eligible for paid surrogacy leave is entitled to 12","content":"Subject to subclause E27.6, an employee who is eligible for paid surrogacy leave is entitled to 12\nweeks of paid leave in relation to each birth.","sortOrder":1355},{"sectionNumber":"E27.10","sectionType":"clause","heading":"To avoid doubt, the entitlement under this clause does not increase in cases of multiple births.","content":"To avoid doubt, the entitlement under this clause does not increase in cases of multiple births.","sortOrder":1356},{"sectionNumber":"E27.11","sectionType":"clause","heading":"Surrogacy leave is non-cumulative.","content":"Surrogacy leave is non-cumulative.\nCanberra Institute\nof Technology\nf_p_n_92_\n© Canberra Institute of Technology Page 90 of 195 Date updated: 18/01/2024","sortOrder":1357},{"sectionNumber":"E27.12","sectionType":"clause","heading":"Subject to subclauses E27.13 and E27.14, a surrogate who is eligible for surrogacy leave must","content":"Subject to subclauses E27.13 and E27.14, a surrogate who is eligible for surrogacy leave must\nabsent themselves from duty for a period commencing 6 weeks prior to the estimated date of\ndelivery of the child and ending 6 weeks after the actual date of birth of the child.","sortOrder":1358},{"sectionNumber":"E27.13","sectionType":"clause","heading":"A surrogate who produces medical evidence from a registered medical practitioner stating they","content":"A surrogate who produces medical evidence from a registered medical practitioner stating they\nare fit for duty until a date less than 6 weeks prior to the estimated date of delivery of the child\nmay continue to work up until a date recommended by the medical practitioner, subject to the\napproval of the chief executive.","sortOrder":1359},{"sectionNumber":"E27.14","sectionType":"clause","heading":"A surrogate who has given birth to a child and produces medical evidence from a registered","content":"A surrogate who has given birth to a child and produces medical evidence from a registered\nmedical practitioner stating they are fit for duty from a date less than 6 weeks after the date of\nbirth of the child may resume duty on a date recommended by the medical practitioner, subject to\nthe approval of the chief executive.","sortOrder":1360},{"sectionNumber":"E27.15","sectionType":"clause","heading":"A surrogate who has given birth to a child may resume duty following the end of the 6 week period","content":"A surrogate who has given birth to a child may resume duty following the end of the 6 week period\nafter the birth of the child, and earlier than the end of the approved period of surrogacy leave\nsubject to the approval of the chief executive.","sortOrder":1361},{"sectionNumber":"E27.16","sectionType":"clause","heading":"An employee who has given birth to a child is entitled to return to work in accordance with the","content":"An employee who has given birth to a child is entitled to return to work in accordance with the\nprovisions in the National Employment Standards of the FW Act.\nEvidence and conditions","sortOrder":1362},{"sectionNumber":"E27.17","sectionType":"clause","heading":"An employee must give notice to their manager or supervisor as soon as practicable of their","content":"An employee must give notice to their manager or supervisor as soon as practicable of their\nintention to be absent on surrogacy leave.","sortOrder":1363},{"sectionNumber":"E27.18","sectionType":"clause","heading":"Surrogacy leave is deemed to be approved, however, an employee must submit an application to","content":"Surrogacy leave is deemed to be approved, however, an employee must submit an application to\nthe chief executive for any period of surrogacy leave.","sortOrder":1364},{"sectionNumber":"E27.19","sectionType":"clause","heading":"Having considered the requirements of this clause the chief executive must approve an","content":"Having considered the requirements of this clause the chief executive must approve an\nemployee’s application to access surrogacy leave.","sortOrder":1365},{"sectionNumber":"E27.20","sectionType":"clause","heading":"Prior to commencing surrogacy leave an employee will provide the chief executive with","content":"Prior to commencing surrogacy leave an employee will provide the chief executive with\ndocumentary evidence of both the following:","sortOrder":1366},{"sectionNumber":"E27.20.1","sectionType":"clause","heading":"The pregnancy and the estimated date of delivery from a registered medical","content":"The pregnancy and the estimated date of delivery from a registered medical\npractitioner or registered health professional who is operating within their scope of\npractice.","sortOrder":1367},{"sectionNumber":"E27.20.2","sectionType":"clause","heading":"Evidence of the valid surrogacy arrangement.","content":"Evidence of the valid surrogacy arrangement.","sortOrder":1368},{"sectionNumber":"E27.21","sectionType":"clause","heading":"If requested by the chief executive, an employee must provide the chief executive with","content":"If requested by the chief executive, an employee must provide the chief executive with\ndocumentary evidence of the birth and the date of the birth of the child as soon as possible after\nthe birth of the child. Such documentary evidence may include a copy of the birth certificate or\ndocuments provided by a registered medical practitioner or registered health professional who is\noperating within their scope of practice.\nRate of payment","sortOrder":1369},{"sectionNumber":"E27.22","sectionType":"clause","heading":"The rate of payment to the employee during a paid period of surrogacy leave is the same rate as","content":"The rate of payment to the employee during a paid period of surrogacy leave is the same rate as\nwould be paid if the employee was granted paid personal leave.","sortOrder":1370},{"sectionNumber":"E27.23","sectionType":"clause","heading":"Despite E27.22, where an employee varies their ordinary hours of work, either from part-time to","content":"Despite E27.22, where an employee varies their ordinary hours of work, either from part-time to\nfull-time, from part-time to different part-time, or from full-time to part-time, during the 12-\nmonth period directly preceding surrogacy leave, the rate of payment for the paid component of\ntheir surrogacy leave, which will be capped at full-time rates, will be calculated by using the\naverage of their ordinary hours of work, excluding any periods of leave without pay, for the 12-\nmonth period immediately before the period of surrogacy leave commences.","sortOrder":1371},{"sectionNumber":"E27.24","sectionType":"clause","heading":"To avoid doubt, an employee’s status and all other entitlements remain unaltered by the","content":"To avoid doubt, an employee’s status and all other entitlements remain unaltered by the\noperation of subclause E27.23.\nCanberra Institute\nof Technology\nf_p_n_93_\n© Canberra Institute of Technology Page 91 of 195 Date updated: 18/01/2024\nEffect on other entitlements","sortOrder":1372},{"sectionNumber":"E27.25","sectionType":"clause","heading":"Surrogacy leave with pay will count as service for all purposes.","content":"Surrogacy leave with pay will count as service for all purposes.","sortOrder":1373},{"sectionNumber":"E27.26","sectionType":"clause","heading":"Any period of unpaid surrogacy leave taken by an employee during the period commencing 6","content":"Any period of unpaid surrogacy leave taken by an employee during the period commencing 6\nweeks prior to the estimated date of delivery of the child and ending 6 weeks after the actual date\nof birth of the child will count as service for all purposes.","sortOrder":1374},{"sectionNumber":"E27.27","sectionType":"clause","heading":"Public holidays for which the employee would otherwise have been entitled to payment that fall","content":"Public holidays for which the employee would otherwise have been entitled to payment that fall\nduring periods of absence on surrogacy leave will not be paid as a normal public holiday.\nInteraction with other leave entitlements","sortOrder":1375},{"sectionNumber":"E27.28","sectionType":"clause","heading":"An employee who is eligible for surrogacy leave is not entitled to birth leave under clause E14 -.","content":"An employee who is eligible for surrogacy leave is not entitled to birth leave under clause E14 -.","sortOrder":1376},{"sectionNumber":"E28.1","sectionType":"clause","heading":"Gender affirmation leave is available to employees to enable them to be absent from duty for the","content":"Gender affirmation leave is available to employees to enable them to be absent from duty for the\npurposes of activities associated with affirming an employee’s gender.\nEligibility","sortOrder":1377},{"sectionNumber":"E28.2","sectionType":"clause","heading":"Gender affirmation leave is available to employees, other than casual employees, who are","content":"Gender affirmation leave is available to employees, other than casual employees, who are\naffirming their gender.\nEntitlement","sortOrder":1378},{"sectionNumber":"E28.3","sectionType":"clause","heading":"Gender affirmation leave is available to an employee during the course of their employment to","content":"Gender affirmation leave is available to an employee during the course of their employment to\nundertake necessary gender affirmation steps and procedures.","sortOrder":1379},{"sectionNumber":"E28.4","sectionType":"clause","heading":"An employee undergoing gender affirmation is entitled, subject to the provision of appropriate","content":"An employee undergoing gender affirmation is entitled, subject to the provision of appropriate\nevidence, to both the following:","sortOrder":1380},{"sectionNumber":"E28.4.1","sectionType":"clause","heading":"Up to 4 weeks (20 days) paid leave, or up to 8 weeks (40 days) at half pay.","content":"Up to 4 weeks (20 days) paid leave, or up to 8 weeks (40 days) at half pay.","sortOrder":1381},{"sectionNumber":"E28.5","sectionType":"clause","heading":"Leave for gender affirmation purposes is in addition to other leave entitlements, and is to be used","content":"Leave for gender affirmation purposes is in addition to other leave entitlements, and is to be used\nfor activities associated with affirming an employee’s gender, including, but not limited to any of\nthe following:","sortOrder":1382},{"sectionNumber":"E28.5.1","sectionType":"clause","heading":"To attend appropriate medical or psychological appointments.","content":"To attend appropriate medical or psychological appointments.","sortOrder":1383},{"sectionNumber":"E28.5.3","sectionType":"clause","heading":"To obtain legal advice or attend documentation amendment appointments.","content":"To obtain legal advice or attend documentation amendment appointments.","sortOrder":1384},{"sectionNumber":"E28.5.5","sectionType":"clause","heading":"To undergo gender affirmation surgery or to attend surgery-related appointments.","content":"To undergo gender affirmation surgery or to attend surgery-related appointments.\nNote: it may be necessary under this provision for the employee to use additional time to the\nduration of appointments in order to facilitate travel and recovery.","sortOrder":1385},{"sectionNumber":"E28.6","sectionType":"clause","heading":"Leave for gender affirmation purposes may be taken as consecutive or single days, or as part days.","content":"Leave for gender affirmation purposes may be taken as consecutive or single days, or as part days.\nEvidence and conditions","sortOrder":1386},{"sectionNumber":"E28.7","sectionType":"clause","heading":"Employees wishing to access gender affirmation leave should discuss their intention to take leave","content":"Employees wishing to access gender affirmation leave should discuss their intention to take leave\nwith their manager or supervisor, or an appropriate HR Manager, as soon as practical.","sortOrder":1387},{"sectionNumber":"E28.8","sectionType":"clause","heading":"An employee must make an application to the chief executive to access gender affirmation leave.","content":"An employee must make an application to the chief executive to access gender affirmation leave.\nAs far as practicable an employee will provide at least 4 weeks’ written notice of their intended\ncommencement date together with supporting documentary evidence.\nCanberra Institute\nof Technology\nf_p_n_94_\n© Canberra Institute of Technology Page 92 of 195 Date updated: 18/01/2024","sortOrder":1388},{"sectionNumber":"E28.9","sectionType":"clause","heading":"Evidence may include any of the following:","content":"Evidence may include any of the following:","sortOrder":1389},{"sectionNumber":"E28.9.1","sectionType":"clause","heading":"A medical certificate from a registered medical practitioner or registered professional","content":"A medical certificate from a registered medical practitioner or registered professional\noperating within their scope of practice.","sortOrder":1390},{"sectionNumber":"E28.9.2","sectionType":"clause","heading":"A written referral, issued by a registered medical practitioner, to a counsellor.","content":"A written referral, issued by a registered medical practitioner, to a counsellor.","sortOrder":1391},{"sectionNumber":"E28.9.4","sectionType":"clause","heading":"A legal or other document issued by a state, territory, or federal government","content":"A legal or other document issued by a state, territory, or federal government\norganisation.","sortOrder":1392},{"sectionNumber":"E28.10","sectionType":"clause","heading":"Having considered the requirements of this clause the chief executive may approve an employee’s","content":"Having considered the requirements of this clause the chief executive may approve an employee’s\napplication to access gender affirmation leave.\nRate of payment","sortOrder":1393},{"sectionNumber":"E28.11","sectionType":"clause","heading":"Gender affirmation leave will be granted with pay for the first 4 weeks, or 8 weeks at half pay.","content":"Gender affirmation leave will be granted with pay for the first 4 weeks, or 8 weeks at half pay.","sortOrder":1394},{"sectionNumber":"E28.12","sectionType":"clause","heading":"Paid gender affirmation leave may be taken with full or half pay, or a combination of full and half","content":"Paid gender affirmation leave may be taken with full or half pay, or a combination of full and half\npay, with credits to be deducted on the same basis. The maximum paid period is up to 8 weeks at\nhalf pay.","sortOrder":1395},{"sectionNumber":"E28.13","sectionType":"clause","heading":"The rate of payment to be paid to the employee during a paid period of gender affirmation leave is","content":"The rate of payment to be paid to the employee during a paid period of gender affirmation leave is\nthe same rate as would be paid if the employee was granted paid personal leave.\nEffect on other entitlements","sortOrder":1396},{"sectionNumber":"E28.14","sectionType":"clause","heading":"Leave with pay for gender affirmation purposes will count as service for all purposes. Leave","content":"Leave with pay for gender affirmation purposes will count as service for all purposes. Leave\nwithout pay for gender affirmation purposes will not count as service for any purpose, but will not\nbreak an employee’s continuity of service.","sortOrder":1397},{"sectionNumber":"E28.15","sectionType":"clause","heading":"Public holidays for which the employee would otherwise have been entitled to payment that fall","content":"Public holidays for which the employee would otherwise have been entitled to payment that fall\nduring periods of absence on gender affirmation leave will be paid as a normal public holiday.\nInteraction with other leave entitlements","sortOrder":1398},{"sectionNumber":"E28.16","sectionType":"clause","heading":"An application by an employee for long service leave or annual leave during a period that would","content":"An application by an employee for long service leave or annual leave during a period that would\notherwise be an unpaid period of gender affirmation leave will be granted to the extent of\navailable entitlements.","sortOrder":1399},{"sectionNumber":"E28.17","sectionType":"clause","heading":"An application by an employee for personal leave during a period that would otherwise be an","content":"An application by an employee for personal leave during a period that would otherwise be an\nunpaid period of gender affirmation leave will be granted subject to the employee providing a\ncertificate from a registered medical practitioner or registered health professional operating\nwithin their scope of practice to the extent of available entitlements.","sortOrder":1400},{"sectionNumber":"E29.1","sectionType":"clause","heading":"Assisted reproductive leave is available to employees, other than casual employees, to enable","content":"Assisted reproductive leave is available to employees, other than casual employees, to enable\nthem to be absent from duty to undergo assisted reproductive treatments and attend medical\nappointments in relation to assisted reproductive treatments.\nEligibility","sortOrder":1401},{"sectionNumber":"E29.2","sectionType":"clause","heading":"Paid assisted reproductive leave is available to an employee, other than a casual employee, who is","content":"Paid assisted reproductive leave is available to an employee, other than a casual employee, who is\nto undergo assisted reproductive treatments.\nCanberra Institute\nof Technology\nf_p_n_95_\n© Canberra Institute of Technology Page 93 of 195 Date updated: 18/01/2024","sortOrder":1402},{"sectionNumber":"E29.3","sectionType":"clause","heading":"An employee who has completed at least 12 months continuous service, including recognised prior","content":"An employee who has completed at least 12 months continuous service, including recognised prior\nservice, immediately prior to commencing assisted reproductive treatments is eligible for assisted\nreproductive leave.","sortOrder":1403},{"sectionNumber":"E29.4","sectionType":"clause","heading":"Assisted reproductive leave is not available to the partner of the person undergoing assisted","content":"Assisted reproductive leave is not available to the partner of the person undergoing assisted\nreproductive treatments unless they are also undergoing assisted reproductive treatment.","sortOrder":1404},{"sectionNumber":"E29.5","sectionType":"clause","heading":"These provisions do not apply in respect of the birth of a child of the employee’s legal surrogate or","content":"These provisions do not apply in respect of the birth of a child of the employee’s legal surrogate or\nthe adoption of a child or children by the employee.\nEntitlement","sortOrder":1405},{"sectionNumber":"E29.6","sectionType":"clause","heading":"The employee is entitled to up to five days paid assisted reproductive leave per calendar year.","content":"The employee is entitled to up to five days paid assisted reproductive leave per calendar year.","sortOrder":1406},{"sectionNumber":"E29.7","sectionType":"clause","heading":"Leave is non-cumulative and may be taken as single or consecutive days.","content":"Leave is non-cumulative and may be taken as single or consecutive days.","sortOrder":1407},{"sectionNumber":"E29.8","sectionType":"clause","heading":"Despite clause E2 -, assisted reproductive leave may be taken as part-days to facilitate the","content":"Despite clause E2 -, assisted reproductive leave may be taken as part-days to facilitate the\nattendance of related medical appointments.\nEvidence and Conditions","sortOrder":1408},{"sectionNumber":"E29.9","sectionType":"clause","heading":"An employee should discuss with their manager or supervisor, as soon as practicable, their","content":"An employee should discuss with their manager or supervisor, as soon as practicable, their\nintention to be absent on assisted reproductive leave.","sortOrder":1409},{"sectionNumber":"E29.10","sectionType":"clause","heading":"An employee must make an application to the chief executive to access their assisted reproductive","content":"An employee must make an application to the chief executive to access their assisted reproductive\nleave.","sortOrder":1410},{"sectionNumber":"E29.11","sectionType":"clause","heading":"The chief executive may request documentary evidence supporting the employees request to","content":"The chief executive may request documentary evidence supporting the employees request to\naccess assisted reproductive leave. Documentary evidence may include a medical certificate from\na registered medical practitioner or registered health professional operating within their scope of\npractice confirming reproductive leave treatments and associated appointments.","sortOrder":1411},{"sectionNumber":"E29.12","sectionType":"clause","heading":"Having considered the requirements of this clause, the chief executive may approve an employee’s","content":"Having considered the requirements of this clause, the chief executive may approve an employee’s\napplication to access assisted reproductive leave.\nRate of Payment","sortOrder":1412},{"sectionNumber":"E29.13","sectionType":"clause","heading":"Assisted reproductive leave is granted with pay, and is paid at the employee’s base rate of pay,","content":"Assisted reproductive leave is granted with pay, and is paid at the employee’s base rate of pay,\nincluding relevant allowances for the ordinary hours the employee would have worked during the\nleave.\nEffect on Other Entitlements","sortOrder":1413},{"sectionNumber":"E29.14","sectionType":"clause","heading":"Assisted reproductive leave will count as service for all purposes.","content":"Assisted reproductive leave will count as service for all purposes.","sortOrder":1414},{"sectionNumber":"E29.15","sectionType":"clause","heading":"Public holidays for which the employee is entitled to payment that fall during periods of absence","content":"Public holidays for which the employee is entitled to payment that fall during periods of absence\non assisted reproductive leave will be paid as a normal public holiday and must not be deducted\nfrom the employee’s annual leave balance.\nInteraction with Other Leave Types","sortOrder":1415},{"sectionNumber":"E29.16","sectionType":"clause","heading":"Paid assisted reproductive leave must not be taken concurrently with any other forms of leave.","content":"Paid assisted reproductive leave must not be taken concurrently with any other forms of leave.","sortOrder":1416},{"sectionNumber":"E29.17","sectionType":"clause","heading":"Employees who are unfit to attend work due to illness related to their assisted reproductive","content":"Employees who are unfit to attend work due to illness related to their assisted reproductive\ntreatments must apply for personal leave and are not eligible for assisted reproductive leave.","sortOrder":1417},{"sectionNumber":"E29.18","sectionType":"clause","heading":"Despite clause E29.17, where an employee has exhausted their personal leave credits, the chief","content":"Despite clause E29.17, where an employee has exhausted their personal leave credits, the chief\nexecutive may consider approving an application for assisted reproductive leave where the\nemployee is unfit to attend work due to illness related to their assisted reproductive treatments.\nCanberra Institute\nof Technology\nf_p_n_96_\n© Canberra Institute of Technology Page 94 of 195 Date updated: 18/01/2024","sortOrder":1418},{"sectionNumber":"E30.1","sectionType":"clause","heading":"Other leave is available to employees to enable them to be absent from duty for a variety of","content":"Other leave is available to employees to enable them to be absent from duty for a variety of\npurposes as set out in Annex D.","sortOrder":1419},{"sectionNumber":"E30.2","sectionType":"clause","heading":"Other leave may be granted in the interests of any of the following:","content":"Other leave may be granted in the interests of any of the following:","sortOrder":1420},{"sectionNumber":"E30.2.1","sectionType":"clause","heading":"CIT, the ACTPS, a State, a Territory or the Commonwealth.","content":"CIT, the ACTPS, a State, a Territory or the Commonwealth.","sortOrder":1421},{"sectionNumber":"E30.2.3","sectionType":"clause","heading":"The employee.","content":"The employee.\nNote: Separate provisions apply for community service leave which includes jury service,\nvoluntary emergency management and voluntary community service.\nEligibility","sortOrder":1422},{"sectionNumber":"E30.3","sectionType":"clause","heading":"An employee who meets the eligibility requirements specified in Annex D is eligible to apply","content":"An employee who meets the eligibility requirements specified in Annex D is eligible to apply\nfor that form of other leave.\nEntitlement","sortOrder":1423},{"sectionNumber":"E30.4","sectionType":"clause","heading":"An employee may be granted other leave to the maximum period set out in Annex D.","content":"An employee may be granted other leave to the maximum period set out in Annex D.\nEvidence and conditions","sortOrder":1424},{"sectionNumber":"E30.5","sectionType":"clause","heading":"An employee should discuss with their manager or supervisor, as soon as practicable, their","content":"An employee should discuss with their manager or supervisor, as soon as practicable, their\nintention to be absent on a form of other leave, including the reasons for the absence and the\nperiod, or expected period, of the absence.","sortOrder":1425},{"sectionNumber":"E30.6","sectionType":"clause","heading":"An employee must make an application to the chief executive to access a form of other leave.","content":"An employee must make an application to the chief executive to access a form of other leave.","sortOrder":1426},{"sectionNumber":"E30.7","sectionType":"clause","heading":"Having considered the requirements of this clause the chief executive may approve an","content":"Having considered the requirements of this clause the chief executive may approve an\nemployee’s application to access a form of other leave. A decision not to approve the leave\nmust be made in accordance with subclause E3.1.","sortOrder":1427},{"sectionNumber":"E30.8","sectionType":"clause","heading":"The employee must, if requested by the chief executive, provide sufficient documentary","content":"The employee must, if requested by the chief executive, provide sufficient documentary\nevidence supporting the reason for the absence.","sortOrder":1428},{"sectionNumber":"E30.9","sectionType":"clause","heading":"When considering requests for other leave, the chief executive must take into account all of the","content":"When considering requests for other leave, the chief executive must take into account all of the\nfollowing:","sortOrder":1429},{"sectionNumber":"E30.9.3","sectionType":"clause","heading":"The operational requirements of the workplace.","content":"The operational requirements of the workplace.","sortOrder":1430},{"sectionNumber":"E30.9.5","sectionType":"clause","heading":"Any conditions on the entitlement as defined in Annex D.","content":"Any conditions on the entitlement as defined in Annex D.\nRate of payment","sortOrder":1431},{"sectionNumber":"E30.10","sectionType":"clause","heading":"Other leave may be granted with or without pay in accordance with Annex D.","content":"Other leave may be granted with or without pay in accordance with Annex D.\nEffect on other entitlements","sortOrder":1432},{"sectionNumber":"E30.11","sectionType":"clause","heading":"A period of other leave will, or will not, count as service in accordance with Annex D.","content":"A period of other leave will, or will not, count as service in accordance with Annex D.","sortOrder":1433},{"sectionNumber":"E30.12","sectionType":"clause","heading":"Public holidays for which the employee is entitled to payment that fall during periods of","content":"Public holidays for which the employee is entitled to payment that fall during periods of\nabsence on other paid leave must be paid as a normal public holiday and will not reduce an\nentitlement of the employee to other leave under Annex D.\nCanberra Institute\nof Technology\nf_p_n_97_\n© Canberra Institute of Technology Page 95 of 195 Date updated: 18/01/2024\nInteraction with other leave types","sortOrder":1434},{"sectionNumber":"E30.13","sectionType":"clause","heading":"Leave must not be granted under this provision if another form of leave is more appropriate.","content":"Leave must not be granted under this provision if another form of leave is more appropriate.\nUnattachment","sortOrder":1435},{"sectionNumber":"E30.14","sectionType":"clause","heading":"Where the leave is without pay for a period of more than 12 months the chief executive may,","content":"Where the leave is without pay for a period of more than 12 months the chief executive may,\nwith the employee’s written consent, declare the employee unattached.\nLeave entitlements provided for elsewhere","sortOrder":1436},{"sectionNumber":"E30.15","sectionType":"clause","heading":"In addition to the leave entitlements available within section F, leave entitlements are","content":"In addition to the leave entitlements available within section F, leave entitlements are\nprovided throughout this Agreement and the PSM Standards, including:","sortOrder":1437},{"sectionNumber":"ANNEX D.3","sectionType":"schedule","heading":"ANNEX D - – Other Leave 1. Attend Aboriginal or Torres Strait","content":"ANNEX D - – Other Leave 1. Attend Aboriginal or Torres Strait\nIslander Ceremonies","sortOrder":1438},{"sectionNumber":"2.2","sectionType":"clause","heading":"Attend Aboriginal and Torres Strait","content":"Attend Aboriginal and Torres Strait\nIslander meetings","sortOrder":1439},{"sectionNumber":"8","sectionType":"clause","heading":"Accompany a domestic partner on a","content":"Accompany a domestic partner on a\nposting","sortOrder":1440},{"sectionNumber":"9","sectionType":"clause","heading":"Engage in employment in the","content":"Engage in employment in the\ninterests of defence or public safety","sortOrder":1441},{"sectionNumber":"11","sectionType":"clause","heading":"Attend proceedings at the Fair Work","content":"Attend proceedings at the Fair Work\nCommission","sortOrder":1442},{"sectionNumber":"14.2","sectionType":"clause","heading":"Hold a full-time office in a staff","content":"Hold a full-time office in a staff\norganisation","sortOrder":1443},{"sectionNumber":"17","sectionType":"clause","heading":"Attend sporting events as an","content":"Attend sporting events as an\naccredited competitor or official","sortOrder":1444},{"sectionNumber":"19","sectionType":"clause","heading":"Engage in employment associated","content":"Engage in employment associated\nwith compensation","sortOrder":1445},{"sectionNumber":"20","sectionType":"clause","heading":"Engage in employment in the","content":"Engage in employment in the\ninterests of CIT","sortOrder":1446},{"sectionNumber":"21","sectionType":"clause","heading":"Take leave where leave cannot be","content":"Take leave where leave cannot be\ngranted under any other provision","sortOrder":1447},{"sectionNumber":"F5.2","sectionType":"clause","heading":"- Attendance at Industrial Relations Courses","content":"- Attendance at Industrial Relations Courses\nand Seminars","sortOrder":1448},{"sectionNumber":"L11.2","sectionType":"clause","heading":"- Leave and Expenses to Seek Employment","content":"- Leave and Expenses to Seek Employment\nPublic Sector Management Standards Study assistance\nCanberra Institute\nof Technology\nf_p_n_98_\n© Canberra Institute of Technology Page 96 of 195 Date updated: 18/01/2024","sortOrder":1449},{"sectionNumber":"SECTION F.2","sectionType":"part","heading":"SECTION F - Communication and Consultation","content":"SECTION F - Communication and Consultation","sortOrder":1450},{"sectionNumber":"F1.1","sectionType":"clause","heading":"There must be effective consultation with an employee(s) and their representatives, including","content":"There must be effective consultation with an employee(s) and their representatives, including\nunion representatives, on workplace matters. CIT recognises that consultation and employee\nparticipation in decisions that affect them is essential to the successful management of\nchange.","sortOrder":1451},{"sectionNumber":"F1.2","sectionType":"clause","heading":"If there are proposals by CIT to introduce changes that would have a significant effect on an","content":"If there are proposals by CIT to introduce changes that would have a significant effect on an\nemployee or a group of employees, the chief executive must consult with the affected\nemployees and the union(s). Consultation means a genuine opportunity to contribute to and\ninfluence the decision making process prior to decisions being made.","sortOrder":1452},{"sectionNumber":"F1.2.1","sectionType":"clause","heading":"Significant effect includes, but is not limited to, effects of proposals that deal with any","content":"Significant effect includes, but is not limited to, effects of proposals that deal with any\nof the following:","sortOrder":1453},{"sectionNumber":"F1.2.1.2","sectionType":"clause","heading":"(a) The termination of the employment of employees through redundancy.","content":"(a) The termination of the employment of employees through redundancy.","sortOrder":1454},{"sectionNumber":"F1.2.1.3","sectionType":"clause","heading":"(b) Changes to the composition, operation or size of the CIT workforce or the","content":"(b) Changes to the composition, operation or size of the CIT workforce or the\nskills required of employees.","sortOrder":1455},{"sectionNumber":"F1.2.1.4","sectionType":"clause","heading":"(c) The elimination or diminution of job opportunities (including","content":"(c) The elimination or diminution of job opportunities (including\nopportunities for promotion or tenure).","sortOrder":1456},{"sectionNumber":"F1.2.1.5","sectionType":"clause","heading":"(f) The need to physically relocate employees.","content":"(f) The need to physically relocate employees.","sortOrder":1457},{"sectionNumber":"F1.2.1.6","sectionType":"clause","heading":"(g) The restructuring of job-roles, positions or structures.","content":"(g) The restructuring of job-roles, positions or structures.","sortOrder":1458},{"sectionNumber":"F1.2.1.7","sectionType":"clause","heading":"(i) Anything likely to materially affect workloads.","content":"(i) Anything likely to materially affect workloads.","sortOrder":1459},{"sectionNumber":"F1.2.1.8","sectionType":"clause","heading":"(j) Any other matter deemed relevant by parties covered by this Agreement.","content":"(j) Any other matter deemed relevant by parties covered by this Agreement.","sortOrder":1460},{"sectionNumber":"F1.3","sectionType":"clause","heading":"An employee(s) or their representative(s) may also initiate consultation on any matters or","content":"An employee(s) or their representative(s) may also initiate consultation on any matters or\nproposals if such consultation hasn’t already been initiated under subclause F1.2.","sortOrder":1461},{"sectionNumber":"F1.4","sectionType":"clause","heading":"The chief executive must provide relevant information to assist the employee(s) and the","content":"The chief executive must provide relevant information to assist the employee(s) and the\nunion(s) to understand the reasons for the proposed changes and the likely impact of these\nchanges so that the employee(s) and union(s) are able to contribute to the decision making\nprocess.","sortOrder":1462},{"sectionNumber":"F1.5","sectionType":"clause","heading":"In addition to the consultation outlined in subclause F1.1 to subclause F1.3 all the following apply:","content":"In addition to the consultation outlined in subclause F1.1 to subclause F1.3 all the following apply:","sortOrder":1463},{"sectionNumber":"F1.5.1","sectionType":"clause","heading":"A CIT Consultative Committee (CITCC) must be established, with membership to be","content":"A CIT Consultative Committee (CITCC) must be established, with membership to be\nagreed by the chief executive and the union(s) following commencement of this\nAgreement and comprising representatives of both the following:","sortOrder":1464},{"sectionNumber":"F1.5.2","sectionType":"clause","heading":"Adequate time must be provided to employees and the union(s) to consult with CIT.","content":"Adequate time must be provided to employees and the union(s) to consult with CIT.","sortOrder":1465},{"sectionNumber":"F1.5.3","sectionType":"clause","heading":"CIT may establish a CITCC to cover one or more enterprise agreements that cover its","content":"CIT may establish a CITCC to cover one or more enterprise agreements that cover its\nemployees.","sortOrder":1466},{"sectionNumber":"F1.5.4","sectionType":"clause","heading":"Additional levels of consultation, such as a Workplace Consultative Committee","content":"Additional levels of consultation, such as a Workplace Consultative Committee\n(WCC), may be established with the agreement of the relevant CITCC to operate at\nCanberra Institute\nof Technology\nf_p_n_99_\n© Canberra Institute of Technology Page 97 of 195 Date updated: 18/01/2024\nthe local level. Where established, these levels of consultation must deal with\nworkplace specific issues before such issues may be raised with the CITCC and have\nmembership agreed by the CITCC.","sortOrder":1467},{"sectionNumber":"F1.6","sectionType":"clause","heading":"The purpose of the CITCC is to do all the following:","content":"The purpose of the CITCC is to do all the following:","sortOrder":1468},{"sectionNumber":"F1.6.1","sectionType":"clause","heading":"Monitor the operation and implementation of this Agreement.","content":"Monitor the operation and implementation of this Agreement.","sortOrder":1469},{"sectionNumber":"F1.6.2","sectionType":"clause","heading":"Consider any proposed new or proposed significant changes to CIT policy statements","content":"Consider any proposed new or proposed significant changes to CIT policy statements\nand guidelines that relate to the provisions of this Agreement.","sortOrder":1470},{"sectionNumber":"F1.6.3","sectionType":"clause","heading":"Consult on workplace matters significantly affecting employees.","content":"Consult on workplace matters significantly affecting employees.","sortOrder":1471},{"sectionNumber":"F1.7","sectionType":"clause","heading":"The DCC must meet within 2 months of the commencement of this Agreement. The purpose of","content":"The DCC must meet within 2 months of the commencement of this Agreement. The purpose of\nthis meeting is to agree on the terms of reference, which must include the consultative structure\nto operate during the term of this Agreement.","sortOrder":1472},{"sectionNumber":"F1.7.1","sectionType":"clause","heading":"The CITCC must meet no less than once in any 12 month period thereafter, unless a","content":"The CITCC must meet no less than once in any 12 month period thereafter, unless a\ndifferent period is agreed in the Terms of Reference.","sortOrder":1473},{"sectionNumber":"F1.7.2","sectionType":"clause","heading":"Additional meetings of the CITCC may also be convened if requested by any","content":"Additional meetings of the CITCC may also be convened if requested by any\nmember of the CITCC, or as determined by the Terms of Reference.","sortOrder":1474},{"sectionNumber":"F1.8","sectionType":"clause","heading":"The Chief Minister, Treasury and Economic Development Directorate must consult with the","content":"The Chief Minister, Treasury and Economic Development Directorate must consult with the\nunion(s) and employees prior to the finalisation of any significant changes or any new provisions\nin the PSM Act and the PSM Standards and any new service wide policy statements or guidelines\nthat relate to the provisions of this Agreement. This consultation may occur through the Joint\nCouncil.\nConsultation on changes to regular rosters or ordinary hours of work","sortOrder":1475},{"sectionNumber":"F1.9","sectionType":"clause","heading":"If CIT proposes to introduce a change to the regular roster or ordinary hours of work of","content":"If CIT proposes to introduce a change to the regular roster or ordinary hours of work of\nemployees, the chief executive must do all the following:","sortOrder":1476},{"sectionNumber":"F1.9.1","sectionType":"clause","heading":"Notify the relevant employees of the proposed change.","content":"Notify the relevant employees of the proposed change.","sortOrder":1477},{"sectionNumber":"F1.9.2","sectionType":"clause","heading":"Recognise the affected employee’s union or other representative.","content":"Recognise the affected employee’s union or other representative.","sortOrder":1478},{"sectionNumber":"F1.9.3","sectionType":"clause","heading":"As soon as practicable after proposing to introduce the change, all of the following:","content":"As soon as practicable after proposing to introduce the change, all of the following:","sortOrder":1479},{"sectionNumber":"F1.9.3.2","sectionType":"clause","heading":"(a) Discuss with the relevant employees the introduction of the change.","content":"(a) Discuss with the relevant employees the introduction of the change.","sortOrder":1480},{"sectionNumber":"F1.9.3.3","sectionType":"clause","heading":"(b) For the purposes of the discussion, provide to the relevant employees all","content":"(b) For the purposes of the discussion, provide to the relevant employees all\nof thefollowing:","sortOrder":1481},{"sectionNumber":"F1.9.3.4","sectionType":"clause","heading":"(b) (i) All relevant information about the change, including","content":"(b) (i) All relevant information about the change, including\nthe nature of the change.","sortOrder":1482},{"sectionNumber":"F1.9.3.5","sectionType":"clause","heading":"(b) (ii) Information about what the chief executive","content":"(b) (ii) Information about what the chief executive\nreasonably believes will be the effects of the change\non the employees.","sortOrder":1483},{"sectionNumber":"F1.9.3.6","sectionType":"clause","heading":"(b) (iii) Information about any other matters that the chief","content":"(b) (iii) Information about any other matters that the chief\nexecutive reasonably believes are likely to affect the\nemployees.","sortOrder":1484},{"sectionNumber":"F1.9.3.7","sectionType":"clause","heading":"(c) Invite the relevant employees to give their views about the impact of","content":"(c) Invite the relevant employees to give their views about the impact of\nthe change (including any impact in relation to their family or caring\nresponsibilities).","sortOrder":1485},{"sectionNumber":"F1.10","sectionType":"clause","heading":"The chief executive is not required to disclose confidential or commercially sensitive information","content":"The chief executive is not required to disclose confidential or commercially sensitive information\nto the relevant employees.\nCanberra Institute\nof Technology\nf_p_n_100_\n© Canberra Institute of Technology Page 98 of 195 Date updated: 18/01/2024","sortOrder":1486},{"sectionNumber":"F1.11","sectionType":"clause","heading":"The chief executive must give prompt and genuine consideration to matters raised about the","content":"The chief executive must give prompt and genuine consideration to matters raised about the\nchange by the relevant employees.","sortOrder":1487},{"sectionNumber":"F1.12","sectionType":"clause","heading":"These provisions are to be read in conjunction with other consultative obligations detailed in the","content":"These provisions are to be read in conjunction with other consultative obligations detailed in the\nAgreement.\nNote: In this term \"relevant employees\" means the employees who may be affected by a\nchange referred to in subclause F1.9.","sortOrder":1488},{"sectionNumber":"F1.13","sectionType":"clause","heading":"In addition, the employer undertakes that, for the purposes of subclause F1.2, the chief","content":"In addition, the employer undertakes that, for the purposes of subclause F1.2, the chief\nexecutive must recognise and consult with the affected employee(s), their union or other\nrepresentative.","sortOrder":1489},{"sectionNumber":"F2.1","sectionType":"clause","heading":"CIT recognises that employees are free to choose whether or not to join a union. Irrespective","content":"CIT recognises that employees are free to choose whether or not to join a union. Irrespective\nof that choice, employees must not be disadvantaged or discriminated against in respect of the\nemployees’ employment under this Agreement. CIT recognises that employees who choose to\nbe members of a union have the right to choose to have their industrial interests represented\nby the union.","sortOrder":1490},{"sectionNumber":"F2.2","sectionType":"clause","heading":"Employees in negotiations of any kind are entitled to negotiate collectively where they so","content":"Employees in negotiations of any kind are entitled to negotiate collectively where they so\nchoose.","sortOrder":1491},{"sectionNumber":"F2.3","sectionType":"clause","heading":"Employees engaging in negotiations of any kind are entitled to be represented by a","content":"Employees engaging in negotiations of any kind are entitled to be represented by a\nrepresentative of their choice. The ACT Government must deal with any such representative in\ngood faith.","sortOrder":1492},{"sectionNumber":"F3.2","sectionType":"clause","heading":"- Right of Existing and New Employees to Representation in the Workplace","content":"- Right of Existing and New Employees to Representation in the Workplace","sortOrder":1493},{"sectionNumber":"F3.1","sectionType":"clause","heading":"CIT acknowledges the rights of its employees to be represented on any workplace relations","content":"CIT acknowledges the rights of its employees to be represented on any workplace relations\nmatter and to meet with their representatives in the workplace. CIT recognises the legitimate\nright of the union(s) to represent its employees who are members, or eligible to become\nmembers of the union(s).","sortOrder":1494},{"sectionNumber":"F3.2.2","sectionType":"clause","heading":"The FW Act prescribes the purpose and manner under which the union(s) may exercise right of","content":"The FW Act prescribes the purpose and manner under which the union(s) may exercise right of\nentry in the workplace. CIT must grant the union(s) access in accordance with the FW Act.","sortOrder":1495},{"sectionNumber":"F3.3","sectionType":"clause","heading":"In addition, CIT must do all of the following:","content":"In addition, CIT must do all of the following:","sortOrder":1496},{"sectionNumber":"F3.3.1","sectionType":"clause","heading":"Allow union officials and employees, who are permit holders, to enter CIT workplaces","content":"Allow union officials and employees, who are permit holders, to enter CIT workplaces\nfor normal union business or to represent employees, to meet with management or\nmembers and to distribute or post material, provided that work is not disrupted.","sortOrder":1497},{"sectionNumber":"F3.3.2","sectionType":"clause","heading":"Allow the union(s) to meet with new CIT employees who are members, or who are","content":"Allow the union(s) to meet with new CIT employees who are members, or who are\neligible to become members, of the union(s), at a time during normal working hours\nwhich the union(s) and the chief executive agree upon, and of which the chief\nexecutive must advise the employees.","sortOrder":1498},{"sectionNumber":"F3.3.3","sectionType":"clause","heading":"Provide all new CIT employees with some form of induction program, including an","content":"Provide all new CIT employees with some form of induction program, including an\ninduction package containing information about the union(s) which the union(s)\nhas given CIT.","sortOrder":1499},{"sectionNumber":"F3.3.4","sectionType":"clause","heading":"Invite the union(s) to attend any face-to-face induction of new CIT employees, the","content":"Invite the union(s) to attend any face-to-face induction of new CIT employees, the\ndetails of which the chief executive must provide to the union(s)’ contact officer or\nother nominated person with reasonable notice. Such attendance must be included\nas an integral part of the induction process and be for the purpose of delivering an\ninformation presentation including recruitment information to new CIT employees.\nCanberra Institute\nof Technology\nf_p_n_101_\n© Canberra Institute of Technology Page 99 of 195 Date updated: 18/01/2024","sortOrder":1500},{"sectionNumber":"F3.3.5","sectionType":"clause","heading":"Organise regular face to face meetings, which may be the face-to-face inductions of","content":"Organise regular face to face meetings, which may be the face-to-face inductions of\nnew CIT employees as per subclause F3.3.4, between new CIT employees and the\nrelevant union(s), for the purpose of delivering an information presentation\nincluding recruitment information to new CIT employees. Such meetings must be\nheld at regular intervals as agreed between CIT and the relevant unions.","sortOrder":1501},{"sectionNumber":"F3.4","sectionType":"clause","heading":"For the avoidance of doubt, nothing in subclause F3.3 should be taken as conferring a right of","content":"For the avoidance of doubt, nothing in subclause F3.3 should be taken as conferring a right of\nentry that is contrary to, or for which there is otherwise, a right of entry under the FW Act.","sortOrder":1502},{"sectionNumber":"F4.2","sectionType":"clause","heading":"- Co-operation and Facilities for Unions and Other Employee Representatives","content":"- Co-operation and Facilities for Unions and Other Employee Representatives","sortOrder":1503},{"sectionNumber":"F4.1","sectionType":"clause","heading":"For the purpose of ensuring that union(s) and other employee representatives who are","content":"For the purpose of ensuring that union(s) and other employee representatives who are\nemployees of CIT can effectively fulfil their employee representative role under this\nAgreement, the following provisions apply.","sortOrder":1504},{"sectionNumber":"F4.2.2","sectionType":"clause","heading":"Reasonable access to CIT facilities, including the internal courier service, access to the ACT","content":"Reasonable access to CIT facilities, including the internal courier service, access to the ACT\nGovernment communication systems, telephone, facsimile, photocopying, access to meeting\nrooms and storage space, must be provided to union(s) and other employee representatives to\nassist them to fulfil their representative obligations, duties and responsibilities having regard to\nCIT's statutory obligations, operational requirements and resources.","sortOrder":1505},{"sectionNumber":"F4.3","sectionType":"clause","heading":"In addition to CIT facilities outlined in subclause F4.2, where available, a union or employee","content":"In addition to CIT facilities outlined in subclause F4.2, where available, a union or employee\nrepresentative who is an employee of CIT must be able to establish designated Microsoft\nOutlook public folders which will provide a collaborative electronic workspace to improve the\nflow of information. The use of CIT facilities must be in accordance with published whole-of-\ngovernment policies and for matters other than for industrial action.","sortOrder":1506},{"sectionNumber":"F4.4","sectionType":"clause","heading":"A union or other employee representative who is an employee of CIT must be provided with","content":"A union or other employee representative who is an employee of CIT must be provided with\nadequate paid time off from their usual working hours, to undertake duties to represent other\nemployees.","sortOrder":1507},{"sectionNumber":"F4.5","sectionType":"clause","heading":"While the representative duties would normally be expected to be performed within the","content":"While the representative duties would normally be expected to be performed within the\nworkplace, on occasions the union or employee representative may be required to conduct\nthese duties external to the workplace.","sortOrder":1508},{"sectionNumber":"F4.6","sectionType":"clause","heading":"The role of union workplace delegates and other recognised union representatives is to be","content":"The role of union workplace delegates and other recognised union representatives is to be\nrespected and facilitated. CIT and union workplace delegates must deal with each other in good\nfaith.","sortOrder":1509},{"sectionNumber":"F4.7","sectionType":"clause","heading":"In addition to other provisions in this Agreement, in discharging their representative roles at the","content":"In addition to other provisions in this Agreement, in discharging their representative roles at the\nworkplace level, the rights of union workplace delegates include, but are not limited to, all of the\nfollowing:","sortOrder":1510},{"sectionNumber":"F4.7.1","sectionType":"clause","heading":"To be treated fairly and perform their role as workplace delegate without any","content":"To be treated fairly and perform their role as workplace delegate without any\ndiscrimination in their employment.","sortOrder":1511},{"sectionNumber":"F4.7.2","sectionType":"clause","heading":"To speak on behalf of their members in the workplace.","content":"To speak on behalf of their members in the workplace.","sortOrder":1512},{"sectionNumber":"F4.7.3","sectionType":"clause","heading":"To participate in collective bargaining on behalf of those who they represent, as per","content":"To participate in collective bargaining on behalf of those who they represent, as per\nthe FW Act.","sortOrder":1513},{"sectionNumber":"F4.7.4","sectionType":"clause","heading":"To reasonable paid time off from their usual working hours to do any of the","content":"To reasonable paid time off from their usual working hours to do any of the\nfollowing:","sortOrder":1514},{"sectionNumber":"F4.7.4.2","sectionType":"clause","heading":"(a) Provide information and seek feedback from employees in the","content":"(a) Provide information and seek feedback from employees in the\nworkplace on workplace relations matters in CIT during normal\nworking hours.","sortOrder":1515},{"sectionNumber":"F4.7.4.3","sectionType":"clause","heading":"(b) Represent the interests of members to the employer and industrial","content":"(b) Represent the interests of members to the employer and industrial\ntribunals.\nCanberra Institute\nof Technology\nf_p_n_102_\n© Canberra Institute of Technology Page 100 of 195 Date updated: 18/01/2024","sortOrder":1516},{"sectionNumber":"F4.7.4.4","sectionType":"clause","heading":"(c) Consult with other delegates and union officials in the workplace,","content":"(c) Consult with other delegates and union officials in the workplace,\nand receive advice and assistance from union staff and officials in\nthe workplace.","sortOrder":1517},{"sectionNumber":"F4.7.5","sectionType":"clause","heading":"To email employees in their workplace to provide information to and seek","content":"To email employees in their workplace to provide information to and seek\nfeedback, subject to individual employees exercising a right to ‘opt out’.","sortOrder":1518},{"sectionNumber":"F4.7.6","sectionType":"clause","heading":"To consultation, and access to relevant information about the workplace and CIT,","content":"To consultation, and access to relevant information about the workplace and CIT,\nsubject to privacy legislation and other relevant legislation.","sortOrder":1519},{"sectionNumber":"F4.7.7","sectionType":"clause","heading":"To undertake their role as union representatives on workplace relations","content":"To undertake their role as union representatives on workplace relations\nconsultative committee(s).","sortOrder":1520},{"sectionNumber":"F4.7.8","sectionType":"clause","heading":"To have reasonable access to CIT facilities (including internet and email facilities,","content":"To have reasonable access to CIT facilities (including internet and email facilities,\nmeeting rooms, lunch rooms, tea rooms and other areas where employees meet)\nfor the purpose of carrying out work as a delegate and consulting with members\nand other interested employees and the union.","sortOrder":1521},{"sectionNumber":"F4.7.9","sectionType":"clause","heading":"To address new employees about union membership at the time they enter","content":"To address new employees about union membership at the time they enter\nemployment in their workplace.","sortOrder":1522},{"sectionNumber":"F4.7.10","sectionType":"clause","heading":"To access appropriate training in workplace relations matters including training","content":"To access appropriate training in workplace relations matters including training\nprovided by a union in accordance with clause F5 -.","sortOrder":1523},{"sectionNumber":"F4.8","sectionType":"clause","heading":"In exercising their rights under subclause F4.7, workplace delegates and unions must adhere to","content":"In exercising their rights under subclause F4.7, workplace delegates and unions must adhere to\nACTPS policies and guidelines and consider operational issues and the likely effect on the\nefficient operation of CIT and the provision of services.","sortOrder":1524},{"sectionNumber":"F5.3","sectionType":"clause","heading":"- Attendance at Industrial Relations Courses and Seminars","content":"- Attendance at Industrial Relations Courses and Seminars","sortOrder":1525},{"sectionNumber":"F5.1","sectionType":"clause","heading":"For the purpose of assisting employees in gaining a better understanding of industrial relations","content":"For the purpose of assisting employees in gaining a better understanding of industrial relations\nissues relating to this Agreement, the chief executive must grant leave to employees to attend\nrecognised short training courses or seminars subject to all of the following conditions:","sortOrder":1526},{"sectionNumber":"F5.1.1","sectionType":"clause","heading":"Operating requirements permit the granting of leave.","content":"Operating requirements permit the granting of leave.","sortOrder":1527},{"sectionNumber":"F5.1.2","sectionType":"clause","heading":"The scope, content and level of the short courses will contribute to the better","content":"The scope, content and level of the short courses will contribute to the better\nunderstanding of industrial relations issues.","sortOrder":1528},{"sectionNumber":"F5.1.3","sectionType":"clause","heading":"Leave granted under this clause is at full pay, not including shift and penalty payments","content":"Leave granted under this clause is at full pay, not including shift and penalty payments\nor overtime.","sortOrder":1529},{"sectionNumber":"F5.1.4","sectionType":"clause","heading":"Each employee will not be granted more than 15 days or shifts leave in any calendar","content":"Each employee will not be granted more than 15 days or shifts leave in any calendar\nyear.","sortOrder":1530},{"sectionNumber":"F5.2.2","sectionType":"clause","heading":"If the employee has applied for leave under subclause F5.1 and the chief executive rejected the","content":"If the employee has applied for leave under subclause F5.1 and the chief executive rejected the\napplication because of operational requirements, approval of any subsequent application for\nleave by the employee under subclause F5.1 must not be withheld unreasonably, provided that\nthe employee gives the chief executive at least 14 days or shifts notice in writing.","sortOrder":1531},{"sectionNumber":"F5.3.2","sectionType":"clause","heading":"CIT must accept any short course conducted or accredited by a relevant employee organisation","content":"CIT must accept any short course conducted or accredited by a relevant employee organisation\n(for example union(s), the Australian Council of Trade Unions or the ACT Trades and Labour\nCouncil) as a course to which subclause F5.1 applies.","sortOrder":1532},{"sectionNumber":"F5.4","sectionType":"clause","heading":"Leave granted for this purpose counts as service for all purposes.","content":"Leave granted for this purpose counts as service for all purposes.","sortOrder":1533},{"sectionNumber":"F6.2","sectionType":"clause","heading":"- Dispute Avoidance and Settlement Procedures","content":"- Dispute Avoidance and Settlement Procedures","sortOrder":1534},{"sectionNumber":"F6.1","sectionType":"clause","heading":"The objective of these procedures is the prevention and resolution of disputes about both of the","content":"The objective of these procedures is the prevention and resolution of disputes about both of the\nfollowing:\nCanberra Institute\nof Technology\nf_p_n_103_\n© Canberra Institute of Technology Page 101 of 195 Date updated: 18/01/2024","sortOrder":1535},{"sectionNumber":"F6.1.1","sectionType":"clause","heading":"Matters arising in the workplace, including disputes about the interpretation or","content":"Matters arising in the workplace, including disputes about the interpretation or\nimplementation of this Agreement.","sortOrder":1536},{"sectionNumber":"F6.2.2","sectionType":"clause","heading":"For the purposes of this clause, except where the contrary intention appears, the term ‘parties’","content":"For the purposes of this clause, except where the contrary intention appears, the term ‘parties’\nrefers to ‘parties to the dispute’.","sortOrder":1537},{"sectionNumber":"F6.3","sectionType":"clause","heading":"All persons covered by this Agreement agree to take reasonable internal steps to prevent, and","content":"All persons covered by this Agreement agree to take reasonable internal steps to prevent, and\nexplore all avenues to seek resolution of, disputes.","sortOrder":1538},{"sectionNumber":"F6.4","sectionType":"clause","heading":"An employee who is a party to the dispute may appoint a representative, which may be a","content":"An employee who is a party to the dispute may appoint a representative, which may be a\nrelevant union, for the purposes of the procedures of this clause.","sortOrder":1539},{"sectionNumber":"F6.5","sectionType":"clause","heading":"In the event there is a dispute, all the following processes apply.","content":"In the event there is a dispute, all the following processes apply.","sortOrder":1540},{"sectionNumber":"F6.5.1","sectionType":"clause","heading":"Where appropriate, the relevant employee or the employee’s representative must","content":"Where appropriate, the relevant employee or the employee’s representative must\ndiscuss the matter with the employee’s supervisor. Should the dispute not be\nresolved, it must proceed to the appropriate management level for resolution.","sortOrder":1541},{"sectionNumber":"F6.6","sectionType":"clause","heading":"In instances where the dispute remains unresolved, the next appropriate level of management,","content":"In instances where the dispute remains unresolved, the next appropriate level of management,\nthe employee, the union or other employee representative must be notified and a meeting be\narranged at which a course of action for resolution of the dispute will be discussed.","sortOrder":1542},{"sectionNumber":"F6.7","sectionType":"clause","heading":"If the dispute remains unresolved after this procedure, a party to the dispute may refer the","content":"If the dispute remains unresolved after this procedure, a party to the dispute may refer the\nmatter to the FWC.","sortOrder":1543},{"sectionNumber":"F6.8","sectionType":"clause","heading":"The FWC may deal with the dispute in the following 2 stages:","content":"The FWC may deal with the dispute in the following 2 stages:","sortOrder":1544},{"sectionNumber":"F6.8.1","sectionType":"clause","heading":"The FWC must first attempt to resolve the dispute as it considers appropriate,","content":"The FWC must first attempt to resolve the dispute as it considers appropriate,\nincluding by mediation, conciliation, expressing an opinion or making a\nrecommendation.","sortOrder":1545},{"sectionNumber":"F6.8.2","sectionType":"clause","heading":"If the FWC is unable to resolve the dispute at this first stage, the FWC may then do","content":"If the FWC is unable to resolve the dispute at this first stage, the FWC may then do\nboth the following:","sortOrder":1546},{"sectionNumber":"F6.8.2.2","sectionType":"clause","heading":"(b) Make a determination that is binding on the parties.","content":"(b) Make a determination that is binding on the parties.","sortOrder":1547},{"sectionNumber":"F6.9","sectionType":"clause","heading":"The FWC may exercise any powers it has under the FW Act as are necessary for the just","content":"The FWC may exercise any powers it has under the FW Act as are necessary for the just\nresolution or determination of the dispute.","sortOrder":1548},{"sectionNumber":"F6.10","sectionType":"clause","heading":"A person may be assisted and represented at any stage in the dispute process in the FWC on","content":"A person may be assisted and represented at any stage in the dispute process in the FWC on\nthe same basis as applies to representation before the FWC under section 596 of the FW Act.","sortOrder":1549},{"sectionNumber":"F6.11","sectionType":"clause","heading":"All persons involved in the proceedings under subclause F6.8 must participate in good faith.","content":"All persons involved in the proceedings under subclause F6.8 must participate in good faith.","sortOrder":1550},{"sectionNumber":"F6.12","sectionType":"clause","heading":"Unless the parties agree to the contrary, the FWC must, in responding to the matter, have","content":"Unless the parties agree to the contrary, the FWC must, in responding to the matter, have\nregard to whether a party has applied the procedures under this term and acted in good faith.","sortOrder":1551},{"sectionNumber":"F6.13","sectionType":"clause","heading":"The parties agree to be bound by a decision made by the FWC in accordance with this clause.","content":"The parties agree to be bound by a decision made by the FWC in accordance with this clause.","sortOrder":1552},{"sectionNumber":"F6.14","sectionType":"clause","heading":"Notwithstanding subclause F6.13, any party may appeal a decision made by the FWC in","content":"Notwithstanding subclause F6.13, any party may appeal a decision made by the FWC in\naccordance with the FW Act.","sortOrder":1553},{"sectionNumber":"F6.15","sectionType":"clause","heading":"Despite the above, the parties may agree to submit the dispute to a body or person other than","content":"Despite the above, the parties may agree to submit the dispute to a body or person other than\nthe FWC. Where the parties agree to submit the dispute to another body or person, all the\nfollowing apply:","sortOrder":1554},{"sectionNumber":"F6.15.1","sectionType":"clause","heading":"References to the FWC in the above provisions must be read as a reference to the","content":"References to the FWC in the above provisions must be read as a reference to the\nagreed body or person.\nCanberra Institute\nof Technology\nf_p_n_104_\n© Canberra Institute of Technology Page 102 of 195 Date updated: 18/01/2024","sortOrder":1555},{"sectionNumber":"F6.15.2","sectionType":"clause","heading":"All obligations and requirements on the parties and other relevant persons under","content":"All obligations and requirements on the parties and other relevant persons under\nthe provisions in this clause must be complied with unless the parties agree\notherwise.","sortOrder":1556},{"sectionNumber":"F6.15.3","sectionType":"clause","heading":"The agreed body or person must deal with the dispute in a manner that is","content":"The agreed body or person must deal with the dispute in a manner that is\nconsistent with section 740 of the FW Act.","sortOrder":1557},{"sectionNumber":"F6.16","sectionType":"clause","heading":"While the parties are trying to resolve the dispute using procedures in this clause the employee","content":"While the parties are trying to resolve the dispute using procedures in this clause the employee\nmust do all of the following:","sortOrder":1558},{"sectionNumber":"F6.16.1","sectionType":"clause","heading":"Continue to perform their work as they would normally unless they have a","content":"Continue to perform their work as they would normally unless they have a\nreasonable concern about an imminent risk to their health or safety.","sortOrder":1559},{"sectionNumber":"F6.16.2","sectionType":"clause","heading":"Comply with a direction given by the chief executive to perform other available work","content":"Comply with a direction given by the chief executive to perform other available work\nat the same workplace, or at another workplace, unless any of the following apply:","sortOrder":1560},{"sectionNumber":"F6.16.2.2","sectionType":"clause","heading":"(b) Applicable work health and safety legislation would not permit the work","content":"(b) Applicable work health and safety legislation would not permit the work\nto be performed.","sortOrder":1561},{"sectionNumber":"F6.16.2.3","sectionType":"clause","heading":"(c) The work is not appropriate for the employee to perform.","content":"(c) The work is not appropriate for the employee to perform.","sortOrder":1562},{"sectionNumber":"F6.16.2.4","sectionType":"clause","heading":"(d) There are other reasonable grounds for the employee to refuse to","content":"(d) There are other reasonable grounds for the employee to refuse to\ncomply with the direction.","sortOrder":1563},{"sectionNumber":"F6.17","sectionType":"clause","heading":"Any dispute formally commenced in accordance with 111.7 under the ACT Public Sector Canberra","content":"Any dispute formally commenced in accordance with 111.7 under the ACT Public Sector Canberra\nInstitute of Technology (Teaching Staff) Enterprise Agreement 2021-2022, but not concluded\nbefore the commencement of this Agreement, shall continue to be dealt with in accordance with\nthe dispute settlement provisions in this Agreement. Any steps already taken in that process will\nbe recognised and accepted by parties and the FWC as steps taken for the purpose of this clause.","sortOrder":1564},{"sectionNumber":"F7.1","sectionType":"clause","heading":"In order to promote job security it is agreed that the privatisation of a government entity may","content":"In order to promote job security it is agreed that the privatisation of a government entity may\nonly occur if all of the following apply:","sortOrder":1565},{"sectionNumber":"F7.1.1","sectionType":"clause","heading":"The entity does not perform a role central to the functions of government.","content":"The entity does not perform a role central to the functions of government.","sortOrder":1566},{"sectionNumber":"F7.1.2","sectionType":"clause","heading":"Disadvantaged groups would not be negatively affected by the privatisation.","content":"Disadvantaged groups would not be negatively affected by the privatisation.","sortOrder":1567},{"sectionNumber":"F7.1.3","sectionType":"clause","heading":"A social impact statement has been completed which indicates that there is a","content":"A social impact statement has been completed which indicates that there is a\ndemonstrated public benefit from the sale.","sortOrder":1568},{"sectionNumber":"F7.2","sectionType":"clause","heading":"In the event that privatisation of CIT or a service or services currently supplied by CIT is under","content":"In the event that privatisation of CIT or a service or services currently supplied by CIT is under\nconsideration, consultation must occur on the implications for employees and CIT from these\nproposals.","sortOrder":1569},{"sectionNumber":"F7.3","sectionType":"clause","heading":"Where such privatisation is under consideration, CIT must provide the necessary reasonable","content":"Where such privatisation is under consideration, CIT must provide the necessary reasonable\nresources to develop an in-house bid and this bid must be prepared either off site or on site as\ndetermined by the chief executive and subject to consideration on equal terms to any other\nbid. An independent probity auditor must be appointed by the chief executive to oversee the\nassessment of the in-house bid.\nCanberra Institute\nof Technology\nf_p_n_105_\n© Canberra Institute of Technology Page 103 of 195 Date updated: 18/01/2024","sortOrder":1570},{"sectionNumber":"SECTION G.2","sectionType":"part","heading":"SECTION G - Workplace Values and Behaviours","content":"SECTION G - Workplace Values and Behaviours","sortOrder":1571},{"sectionNumber":"G1.1","sectionType":"clause","heading":"All employees have a common interest in ensuring that workplace behaviours are consistent","content":"All employees have a common interest in ensuring that workplace behaviours are consistent\nwith, and apply the values and general principles set out in Division 2.1 of the PSM Act and the\nACT Public Service Code of Conduct and Signature Behaviours. This involves the development of\nan ethical and safe workplace in which all employees act responsibly and are accountable for\ntheir actions and decisions.","sortOrder":1572},{"sectionNumber":"G1.2","sectionType":"clause","heading":"Behaviours that are not consistent with public sector values, principles and conduct including","content":"Behaviours that are not consistent with public sector values, principles and conduct including\nbut not limited to bullying, harassment and discrimination of any kind will not be tolerated in\nACTPS workplaces. It is recognised that bullying, harassment and discrimination in the workplace\nhas both emotional and financial costs and that both systemic and individual instances of\nbullying and harassment are not acceptable.","sortOrder":1573},{"sectionNumber":"G1.3","sectionType":"clause","heading":"The following provisions of Section G contain procedures for managing workplace behaviours","content":"The following provisions of Section G contain procedures for managing workplace behaviours\nthat do not meet expected standards and management of misconduct.","sortOrder":1574},{"sectionNumber":"G1.4","sectionType":"clause","heading":"These provisions for managing workplace behaviours and values promote the principles of","content":"These provisions for managing workplace behaviours and values promote the principles of\nnatural justice and procedural fairness.","sortOrder":1575},{"sectionNumber":"G1.5","sectionType":"clause","heading":"Any misconduct, underperformance, internal review or appeal process under the previous","content":"Any misconduct, underperformance, internal review or appeal process under the previous\nenterprise agreement that is not completed as at the date of commencement of this enterprise\nagreement will be completed under the previous enterprise agreement. Any right of appeal from\nthat process will also be set out in the previous enterprise agreement.","sortOrder":1576},{"sectionNumber":"G1.6","sectionType":"clause","heading":"Noting that the provisions of this Section G are in identical terms to provisions (however","content":"Noting that the provisions of this Section G are in identical terms to provisions (however\ndescribed) of other ACTPS Enterprise Agreements: If an employee moves from one directorate or\nAgreement to another either on a permanent or temporary basis while a misconduct process is on\nfoot, and irrespective of whether this Agreement or another ACTPS Enterprise Agreement applied\nto the employee at the time the misconduct process commenced, the misconduct process will\ncontinue and the employee is required to continue to participate in the process.","sortOrder":1577},{"sectionNumber":"G1.6.1","sectionType":"clause","heading":"Any disciplinary action and sanction which is determined to be applied under clause","content":"Any disciplinary action and sanction which is determined to be applied under clause","sortOrder":1578},{"sectionNumber":"G9.2","sectionType":"clause","heading":"- will be applied to the employee in their new position, where the chief","content":"- will be applied to the employee in their new position, where the chief\nexecutive determines it is appropriate and necessary and having due regard to the\nnature of the misconduct and the changes in employment circumstances including\nany material bearing on the employee's duties and responsibilities in their new\nposition.","sortOrder":1579},{"sectionNumber":"G1.7","sectionType":"clause","heading":"If an employee’s employment has ended with the ACTPS while a misconduct process is on foot, the","content":"If an employee’s employment has ended with the ACTPS while a misconduct process is on foot, the\npublic sector standards commissioner will do one of the following:","sortOrder":1580},{"sectionNumber":"G1.7.1","sectionType":"clause","heading":"Determine to complete the misconduct process under Section G of this Agreement,","content":"Determine to complete the misconduct process under Section G of this Agreement,\nincluding inviting the employee to participate in the process, such that the outcome\nof the process can be taken into account with any application by the employee to\nsubsequently re-enter the ACTPS.","sortOrder":1581},{"sectionNumber":"G1.7.2","sectionType":"clause","heading":"Determine to stay the misconduct process under Section G of this agreement,","content":"Determine to stay the misconduct process under Section G of this agreement,\nupon the employee's end of employment and communicate to the employee that\nthe misconduct process may recommence if the employee subsequently re-\nenters, or seeks to re-enter, the service.","sortOrder":1582},{"sectionNumber":"G1.8","sectionType":"clause","heading":"Any disciplinary action and sanction which is determined as a consequence of a resumed","content":"Any disciplinary action and sanction which is determined as a consequence of a resumed\nmisconduct process may be imposed on the employee in their new position in accordance with\nCanberra Institute\nof Technology\nf_p_n_106_\n© Canberra Institute of Technology Page 104 of 195 Date updated: 18/01/2024","sortOrder":1583},{"sectionNumber":"G1.6.1.2","sectionType":"clause","heading":"or taken into account with any application by the employee to subsequently re-enter the","content":"or taken into account with any application by the employee to subsequently re-enter the\nACTPS.","sortOrder":1584},{"sectionNumber":"G2.1","sectionType":"clause","heading":"The preliminary assessment is a means of determining if there is a workplace issue, and the","content":"The preliminary assessment is a means of determining if there is a workplace issue, and the\nmost appropriate way to resolve it. The preliminary assessment must be conducted\nexpeditiously. The outcome should be focused on the workplace issue and an appropriate\nresponse that addresses the issue in context. The preferred approach whenever possible is to\nresolve the issues through a local and low level approach, and in a non-disciplinary way.","sortOrder":1585},{"sectionNumber":"G2.2","sectionType":"clause","heading":"In cases where a workplace issue arises such as an allegation of inappropriate behaviour or","content":"In cases where a workplace issue arises such as an allegation of inappropriate behaviour or\nalleged misconduct, the appropriate manager must undertake an assessment to determine\nwhether the matter can be resolved locally or whether further action is required or not.","sortOrder":1586},{"sectionNumber":"G2.3","sectionType":"clause","heading":"When undertaking an assessment, the nature, circumstances and context of the issue should be","content":"When undertaking an assessment, the nature, circumstances and context of the issue should be\nconsidered when forming the response.","sortOrder":1587},{"sectionNumber":"G2.4","sectionType":"clause","heading":"The preliminary assessment may result in the following outcomes (this is not an exhaustive list):","content":"The preliminary assessment may result in the following outcomes (this is not an exhaustive list):","sortOrder":1588},{"sectionNumber":"G2.4.1","sectionType":"clause","heading":"If the manager is satisfied that no further action is necessary, no further action needs","content":"If the manager is satisfied that no further action is necessary, no further action needs\nto be taken.","sortOrder":1589},{"sectionNumber":"G2.4.2","sectionType":"clause","heading":"If the manager is of the view that formal or informal counselling or other alternative","content":"If the manager is of the view that formal or informal counselling or other alternative\nremedial or restorative action is appropriate, the manager will implement that action.","sortOrder":1590},{"sectionNumber":"G2.4.3","sectionType":"clause","heading":"If the manager considers the issue related to performance issues, the manager may","content":"If the manager considers the issue related to performance issues, the manager may\ncommence an underperformance process in accordance with H2 -\n(underperformance).","sortOrder":1591},{"sectionNumber":"G2.4.4","sectionType":"clause","heading":"If the manager determines that there are allegations of potential misconduct that","content":"If the manager determines that there are allegations of potential misconduct that\nrequire investigation, the manager will recommend to the relevant referral delegate\nthat the matter should be referred in accordance with G2.8.","sortOrder":1592},{"sectionNumber":"G2.5","sectionType":"clause","heading":"The manager may seek the assistance of an appropriate Human Resources adviser from within CIT","content":"The manager may seek the assistance of an appropriate Human Resources adviser from within CIT\nor Professional Standards Unit, however the manager is responsible for undertaking the\nassessment unless an actual or perceived conflict of interest exists.","sortOrder":1593},{"sectionNumber":"G2.6","sectionType":"clause","heading":"The assessment must be done in an expeditious manner and generally be limited to having","content":"The assessment must be done in an expeditious manner and generally be limited to having\ndiscussions (either verbal or written) about the issue, with relevant employees, and, if requested,\ntheir representatives.","sortOrder":1594},{"sectionNumber":"G2.7","sectionType":"clause","heading":"Although the principles of procedural fairness apply, this assessment is not a formal","content":"Although the principles of procedural fairness apply, this assessment is not a formal\ninvestigation (as this may occur after the assessment is undertaken) and is designed to enable a\nmanager to quickly determine whether other action or formal investigation is needed or not to\nresolve the issues. The manager must communicate the outcomes to relevant employees and\ntheir representatives if any.","sortOrder":1595},{"sectionNumber":"G2.8","sectionType":"clause","heading":"If the manager determines that the issue requires investigation the manager must recommend to","content":"If the manager determines that the issue requires investigation the manager must recommend to\nthe chief executive that the matter be investigated.","sortOrder":1596},{"sectionNumber":"G2.9","sectionType":"clause","heading":"The chief executive may determine that no investigation is necessary where the employee","content":"The chief executive may determine that no investigation is necessary where the employee\nadmits to the alleged misconduct and the employee agrees that there is no need for an\ninvestigation. The employee must fully understand the misconduct they are admitting to and\nmake an admission statement taken by the public sector standards commissioner.","sortOrder":1597},{"sectionNumber":"G2.10","sectionType":"clause","heading":"Where an employee makes an admission in accordance with subclause G2.9 the public sector","content":"Where an employee makes an admission in accordance with subclause G2.9 the public sector\nstandards commissioner will provide the admission statement to the chief executive who will\ndetermine the appropriate outcome. This may include disciplinary action or sanction in\naccordance with clause G9 -. The chief executive must ensure that they have sufficient\nCanberra Institute\nof Technology\nf_p_n_107_\n© Canberra Institute of Technology Page 105 of 195 Date updated: 18/01/2024\ninformation concerning the nature and full circumstances of the misconduct, any mitigating\nfactors, and details of the employee’s prior service record and performance to enable a fair\nand reasonable determination under clause G9 - to be made.","sortOrder":1598},{"sectionNumber":"G3.1","sectionType":"clause","heading":"Counselling may happen outside of the preliminary assessment and misconduct processes.","content":"Counselling may happen outside of the preliminary assessment and misconduct processes.\nThis is an opportunity for the employee and the manager to discuss possible causes and\nremedies for identified workplace problems. All parties have an obligation to participate in\ncounselling in good faith.","sortOrder":1599},{"sectionNumber":"G3.2","sectionType":"clause","heading":"Counselling can be conducted either informally through coaching and feedback or formally.","content":"Counselling can be conducted either informally through coaching and feedback or formally.","sortOrder":1600},{"sectionNumber":"G3.3","sectionType":"clause","heading":"Informal counselling is a non-disciplinary method utilised to resolve a workplace issue. It","content":"Informal counselling is a non-disciplinary method utilised to resolve a workplace issue. It\nshould be used as a supportive, feedback type mechanism. Coaching and feedback should\nencourage and support the employee in understanding the requirements and expectations of\na public servant in their role.","sortOrder":1601},{"sectionNumber":"G3.4","sectionType":"clause","heading":"Formal counselling is counselling that an employee is required to participate in and is","content":"Formal counselling is counselling that an employee is required to participate in and is\navailable as remedial action following the outcome of a preliminary process under clause G2 -\n. An employee may be directed to participate in formal counselling.","sortOrder":1602},{"sectionNumber":"G3.5","sectionType":"clause","heading":"Where an employee refuses or fails to follow a direction to participate in formal counselling,","content":"Where an employee refuses or fails to follow a direction to participate in formal counselling,\nthe chief executive may refer the matter to the Public Sector Standards Commissioner for\ninvestigation.","sortOrder":1603},{"sectionNumber":"G3.6","sectionType":"clause","heading":"Where the employee disagrees with a direction to participate in formal counselling, the","content":"Where the employee disagrees with a direction to participate in formal counselling, the\nemployee may provide a written request to the chief executive seeking a formal investigation\nof the alleged inappropriate behaviour or alleged misconduct that required the formal\ncounselling. Where a request is received, the chief executive must refer the matter to the\nPublic Sector Standards Commissioner for review.","sortOrder":1604},{"sectionNumber":"G3.7","sectionType":"clause","heading":"In cases where counselling is considered to be appropriate, the employee will be informed","content":"In cases where counselling is considered to be appropriate, the employee will be informed\nwhat the discussion will be about and be invited to have a support person, who may be the\nemployee’s union or other employee representative, present at the counselling and will allow\nreasonable opportunity for this to be arranged. The employee must be advised whether the\ncounselling is considered a formal or informal process.","sortOrder":1605},{"sectionNumber":"G3.8","sectionType":"clause","heading":"In the cases where the counselling is considered to be formal, the manager or the chief","content":"In the cases where the counselling is considered to be formal, the manager or the chief\nexecutive must create a formal record of the counselling which must include details about the\nways in which the employee’s conduct needs to change or improve, the time frames within\nwhich these changes or improvements must occur and may include a written direction about\nfuture expectations, standards and behaviours.","sortOrder":1606},{"sectionNumber":"G3.9","sectionType":"clause","heading":"The record of formal counselling must be provided to the employee and the employee given an","content":"The record of formal counselling must be provided to the employee and the employee given an\nopportunity to correct any inaccuracies and provide comments before signing the record. The\nemployee’s signature is taken as representing their full agreement that the record accurately\nreflects the discussion. If the employee elects not to sign the record, then details of the offer\nand any reasons given for refusal must be clearly noted.","sortOrder":1607},{"sectionNumber":"G3.10","sectionType":"clause","heading":"Where the manager or supervisor or the chief executive considers that the employee’s conduct","content":"Where the manager or supervisor or the chief executive considers that the employee’s conduct\nhas not improved following informal or formal counselling, a misconduct process may be\nundertaken in relation to continued or subsequent behaviour, following a preliminary\nassessment being undertaken in accordance with clause G2 -.\nCanberra Institute\nof Technology\nf_p_n_108_\n© Canberra Institute of Technology Page 106 of 195 Date updated: 18/01/2024","sortOrder":1608},{"sectionNumber":"G4.2","sectionType":"clause","heading":"- Misconduct and Discipline","content":"- Misconduct and Discipline\nObjectives and application","sortOrder":1609},{"sectionNumber":"G4.1","sectionType":"clause","heading":"This clause establishes procedures for managing misconduct or alleged misconduct by an","content":"This clause establishes procedures for managing misconduct or alleged misconduct by an\nemployee.","sortOrder":1610},{"sectionNumber":"G4.2.2","sectionType":"clause","heading":"This clause applies to all employees, except casual employees who are not eligible casual","content":"This clause applies to all employees, except casual employees who are not eligible casual\nemployees. In applying these procedures to officers on probation, temporary employees or\neligible casual employees, the chief executive may determine that procedures and practices\nthroughout clause G8 - and clause G9 - apply on a proportionate basis according to the\ncircumstances of the case and in accordance with the principles of procedural fairness and\nnatural justice.","sortOrder":1611},{"sectionNumber":"G4.2.1","sectionType":"clause","heading":"If the process is to be applied on a proportionate basis in accordance with this","content":"If the process is to be applied on a proportionate basis in accordance with this\nsubclause the content of that process, along with any estimated timeframes, must\nbe communicated to the employee when the process commences.","sortOrder":1612},{"sectionNumber":"G4.3","sectionType":"clause","heading":"The objective of these procedures is to encourage the practical and expeditious resolution of","content":"The objective of these procedures is to encourage the practical and expeditious resolution of\nmisconduct issues in the workplace.","sortOrder":1613},{"sectionNumber":"G4.4","sectionType":"clause","heading":"All parties have an obligation to participate in misconduct processes in good faith.","content":"All parties have an obligation to participate in misconduct processes in good faith.\nWhat is misconduct","sortOrder":1614},{"sectionNumber":"G4.5","sectionType":"clause","heading":"For the purposes of this section, misconduct includes any of the following:","content":"For the purposes of this section, misconduct includes any of the following:","sortOrder":1615},{"sectionNumber":"G4.5.1","sectionType":"clause","heading":"The employee fails to meet the obligations set out in section 9 of the PSM Act.","content":"The employee fails to meet the obligations set out in section 9 of the PSM Act.","sortOrder":1616},{"sectionNumber":"G4.5.2","sectionType":"clause","heading":"The employee engages in conduct that the chief executive or the public sector","content":"The employee engages in conduct that the chief executive or the public sector\nstandards commissioner is satisfied may bring, or has brought, CIT or the ACTPS\ninto disrepute.","sortOrder":1617},{"sectionNumber":"G4.5.3","sectionType":"clause","heading":"A period of unauthorised absence and the employee does not offer a satisfactory","content":"A period of unauthorised absence and the employee does not offer a satisfactory\nreason on return to work.","sortOrder":1618},{"sectionNumber":"G4.5.4","sectionType":"clause","heading":"The employee is found guilty of, or is convicted of a criminal offence or where a","content":"The employee is found guilty of, or is convicted of a criminal offence or where a\ncourt finds that an employee has committed an offence but a conviction is not\nrecorded, taking into account the circumstances and seriousness of the offence,\nthe duties of the employee and the interests of the ACTPS and CIT.","sortOrder":1619},{"sectionNumber":"G4.5.5","sectionType":"clause","heading":"The employee fails to notify the chief executive of criminal charges in accordance","content":"The employee fails to notify the chief executive of criminal charges in accordance\nwith clause G10 -.","sortOrder":1620},{"sectionNumber":"G4.5.6","sectionType":"clause","heading":"The employee makes a vexatious or knowingly false allegation against another","content":"The employee makes a vexatious or knowingly false allegation against another\nemployee.\nWhat is serious misconduct","sortOrder":1621},{"sectionNumber":"G4.6","sectionType":"clause","heading":"Serious misconduct means conduct that is so serious that it may be inconsistent with the","content":"Serious misconduct means conduct that is so serious that it may be inconsistent with the\ncontinuation of the employee’s employment with the Territory. Serious misconduct is defined\nwithin the Fair Work Regulations.","sortOrder":1622},{"sectionNumber":"G5.2","sectionType":"clause","heading":"- Dealing with Allegations of Misconduct","content":"- Dealing with Allegations of Misconduct","sortOrder":1623},{"sectionNumber":"G5.1","sectionType":"clause","heading":"Upon becoming aware of a matter of alleged misconduct the chief executive must determine","content":"Upon becoming aware of a matter of alleged misconduct the chief executive must determine\nwhether or not the matter needs to be investigated. Where the chief executive determines that\ninvestigation is required the chief executive must refer the matter to the public sector standards\ncommissioner for investigation.","sortOrder":1624},{"sectionNumber":"G5.2.2","sectionType":"clause","heading":"At any stage of dealing with alleged misconduct the chief executive may, in accordance with","content":"At any stage of dealing with alleged misconduct the chief executive may, in accordance with\nclause G6 - do any of the following:\nCanberra Institute\nof Technology\nf_p_n_109_\n© Canberra Institute of Technology Page 107 of 195 Date updated: 18/01/2024","sortOrder":1625},{"sectionNumber":"G5.2.4","sectionType":"clause","heading":"Suspend the employee without pay where serious misconduct is alleged.","content":"Suspend the employee without pay where serious misconduct is alleged.","sortOrder":1626},{"sectionNumber":"G5.3","sectionType":"clause","heading":"In considering the appropriate action under G5.2, the employer should give preference to","content":"In considering the appropriate action under G5.2, the employer should give preference to\nretaining the employee in the workplace where possible.","sortOrder":1627},{"sectionNumber":"G5.4","sectionType":"clause","heading":"Upon receiving a referral in accordance with subclause G5.1 the public sector standards","content":"Upon receiving a referral in accordance with subclause G5.1 the public sector standards\ncommissioner must do one of the following:","sortOrder":1628},{"sectionNumber":"G5.4.1","sectionType":"clause","heading":"Make arrangements for an appropriately trained or experienced person (the","content":"Make arrangements for an appropriately trained or experienced person (the\ninvestigating officer) to investigate the alleged misconduct in accordance with clause\nG7 -","sortOrder":1629},{"sectionNumber":"G5.4.2","sectionType":"clause","heading":"Decline to investigate the matter, or any part of the matter, if the public sector","content":"Decline to investigate the matter, or any part of the matter, if the public sector\nstandards commissioner decides that an investigation will not resolve the matter and\nrefer it back to the chief executive for resolution or further consideration.","sortOrder":1630},{"sectionNumber":"G5.5","sectionType":"clause","heading":"The public sector standards commissioner may determine that no investigation is necessary","content":"The public sector standards commissioner may determine that no investigation is necessary\nwhere the employee admits to the alleged misconduct and the employee agrees that there is no\nneed for an investigation. The employee must fully understand the misconduct they are\nadmitting to and have their admission statement taken by the public sector standards\ncommissioner.","sortOrder":1631},{"sectionNumber":"G5.6","sectionType":"clause","heading":"Where an employee makes an admission in accordance with subclause G5.5 the chief","content":"Where an employee makes an admission in accordance with subclause G5.5 the chief\nexecutive may determine the appropriate disciplinary action or sanction in accordance with\nclause G9 -. The chief executive must ensure that they have sufficient information concerning\nthe nature and full circumstances of the misconduct, any mitigating factors, and details of the\nemployee’s prior service record and performance to enable a fair and reasonable\ndetermination under clause G9 - to be made.","sortOrder":1632},{"sectionNumber":"G5.7","sectionType":"clause","heading":"The public sector standards commissioner may at any time decide to instigate an investigation of","content":"The public sector standards commissioner may at any time decide to instigate an investigation of\nalleged misconduct, in the absence of a referral under subclause G5.1, if satisfied that the\nmatter warrants investigation.","sortOrder":1633},{"sectionNumber":"G5.8","sectionType":"clause","heading":"Notwithstanding the provisions of this section, the chief executive may summarily terminate","content":"Notwithstanding the provisions of this section, the chief executive may summarily terminate\nthe employment of an employee without notice for serious misconduct as defined within the\nFair Work Regulations.","sortOrder":1634},{"sectionNumber":"G6.2","sectionType":"clause","heading":"In accordance with subclause G5.2 the chief executive may reassign, transfer or suspend an","content":"In accordance with subclause G5.2 the chief executive may reassign, transfer or suspend an\nemployee with or without pay where the chief executive is satisfied that the action taken is\nreasonable and it is in the public interest, the interests of the ACTPS or the interests of CIT to\ndo so while the alleged misconduct is being dealt with.","sortOrder":1635},{"sectionNumber":"G6.3","sectionType":"clause","heading":"Suspension with pay should only be considered where it is inappropriate for the employee to","content":"Suspension with pay should only be considered where it is inappropriate for the employee to\nremain in their current position and reassignment of duties or transfer is not appropriate.\nSuspension without pay should only be considered where cases of serious misconduct is\nalleged in accordance with G5.2.","sortOrder":1636},{"sectionNumber":"G6.4","sectionType":"clause","heading":"The requirements under subclauses G6.5, G6.6 and G6.11 also apply in circumstances where an","content":"The requirements under subclauses G6.5, G6.6 and G6.11 also apply in circumstances where an\nemployee has been reassigned or transferred with pay to other duties following an allegation of\nmisconduct, to the extent that the employee is no better off financially than if they had not\nbeen reassigned or transferred.\nCanberra Institute\nof Technology\nf_p_n_110_\n© Canberra Institute of Technology Page 108 of 195 Date updated: 18/01/2024","sortOrder":1637},{"sectionNumber":"G6.5","sectionType":"clause","heading":"The chief executive must not reassign, transfer or suspend an employee without first informing","content":"The chief executive must not reassign, transfer or suspend an employee without first informing\nthe employee of the reasons for the proposed reassignment, transfer or suspension and giving\nthe employee the opportunity to be heard. Despite this, the chief executive may suspend an\nemployee first and then give the employee the reasons for the suspension and an opportunity to\nbe heard, where, in the chief executive’s opinion, this is appropriate in the circumstances.","sortOrder":1638},{"sectionNumber":"G6.6","sectionType":"clause","heading":"While suspended with pay an employee is paid in accordance with all of the following:","content":"While suspended with pay an employee is paid in accordance with all of the following:","sortOrder":1639},{"sectionNumber":"G6.6.1","sectionType":"clause","heading":"The employee’s ordinary hourly rate of pay and any higher duties allowances that","content":"The employee’s ordinary hourly rate of pay and any higher duties allowances that\nwould have been paid to the employee for the period they would otherwise have\nbeen on duty.","sortOrder":1640},{"sectionNumber":"G6.6.2","sectionType":"clause","heading":"Overtime (but not overtime meal allowance) and shift penalty payments where","content":"Overtime (but not overtime meal allowance) and shift penalty payments where\nthere is a regular and consistent pattern of extra duty or shift work being\nperformed over the previous 6 months which would have been expected to\ncontinue but for the suspension from duty.","sortOrder":1641},{"sectionNumber":"G6.6.3","sectionType":"clause","heading":"Any other allowance or payment (including under an Attraction and Retention","content":"Any other allowance or payment (including under an Attraction and Retention\nIncentive entered into in accordance with Annex B to this Agreement) of a regular\nor on-going nature that is not conditional on performance of duties.","sortOrder":1642},{"sectionNumber":"G6.7","sectionType":"clause","heading":"Where a decision is made to suspend an employee with pay, no appeal or internal review of","content":"Where a decision is made to suspend an employee with pay, no appeal or internal review of\nthat decision is available.","sortOrder":1643},{"sectionNumber":"G6.8","sectionType":"clause","heading":"Unless the employee is on authorised leave an employee who is suspended must be available","content":"Unless the employee is on authorised leave an employee who is suspended must be available\nto attend work and participate in the disciplinary process within 48 hours of receiving notice.","sortOrder":1644},{"sectionNumber":"G6.9","sectionType":"clause","heading":"Suspension without pay is usually only appropriate where serious misconduct is alleged or","content":"Suspension without pay is usually only appropriate where serious misconduct is alleged or\nwhere the employee is charged with a criminal offence that would in the opinion of the chief\nexecutive be incompatible with the continuation of the employee’s employment.","sortOrder":1645},{"sectionNumber":"G6.10","sectionType":"clause","heading":"A period of suspension with or without pay must not be more than 30 calendar days unless","content":"A period of suspension with or without pay must not be more than 30 calendar days unless\nexceptional circumstances apply.","sortOrder":1646},{"sectionNumber":"G6.11","sectionType":"clause","heading":"If the period of suspension with or without pay extends beyond 30 calendar days as per","content":"If the period of suspension with or without pay extends beyond 30 calendar days as per\nsubclause G6.10, the suspension should be reviewed every 30 calendar days unless the chief\nexecutive considers that, in the circumstances, a longer period is appropriate.","sortOrder":1647},{"sectionNumber":"G6.12","sectionType":"clause","heading":"While suspended without pay all of the following apply:","content":"While suspended without pay all of the following apply:","sortOrder":1648},{"sectionNumber":"G6.12.1","sectionType":"clause","heading":"The employee may apply to the chief executive for permission to seek alternate","content":"The employee may apply to the chief executive for permission to seek alternate\nemployment outside the ACTPS for the period of the suspension or until the\npermission is revoked. Any such permission given to the employee is granted on\nthe condition that the employee remains available to attend work and participate\nin the disciplinary process as per subclause G6.8.","sortOrder":1649},{"sectionNumber":"G6.12.2","sectionType":"clause","heading":"In cases of demonstrated hardship, the chief executive may determine that the","content":"In cases of demonstrated hardship, the chief executive may determine that the\nemployee may cash out accrued long service leave and annual leave.","sortOrder":1650},{"sectionNumber":"G6.12.3","sectionType":"clause","heading":"The employee may apply to the chief executive for the suspension to be with","content":"The employee may apply to the chief executive for the suspension to be with\npay on the grounds of demonstrated hardship.","sortOrder":1651},{"sectionNumber":"G6.13","sectionType":"clause","heading":"An employee suspended without pay and who is later acquitted of the criminal offence","content":"An employee suspended without pay and who is later acquitted of the criminal offence\n(which is the subject of the allegation(s) of misconduct which caused the employee to be\nsuspended), or is found not to have been guilty of the misconduct is entitled to both the\nfollowing:","sortOrder":1652},{"sectionNumber":"G6.13.1","sectionType":"clause","heading":"Repaid the amount by which the employee’s pay was reduced.","content":"Repaid the amount by which the employee’s pay was reduced.","sortOrder":1653},{"sectionNumber":"G6.13.2","sectionType":"clause","heading":"Credited with any period of long service or annual leave that was cashed out in","content":"Credited with any period of long service or annual leave that was cashed out in\naccordance with paragraph G6.12.2.\nCanberra Institute\nof Technology\nf_p_n_111_\n© Canberra Institute of Technology Page 109 of 195 Date updated: 18/01/2024","sortOrder":1654},{"sectionNumber":"G6.14","sectionType":"clause","heading":"Where an employee is suspended and later found guilty of a criminal offence (whether or not a","content":"Where an employee is suspended and later found guilty of a criminal offence (whether or not a\nconviction is recorded), or is found guilty of misconduct and whose employment is terminated\nbecause of the offence or misconduct, a period of suspension under this clause does not count\nas service for any purpose, unless the chief executive determines otherwise.","sortOrder":1655},{"sectionNumber":"G7.1","sectionType":"clause","heading":"The role of the investigating officer is to establish the facts of the allegations and to provide a","content":"The role of the investigating officer is to establish the facts of the allegations and to provide a\nreport of those facts to the public sector standards commissioner.","sortOrder":1656},{"sectionNumber":"G7.2","sectionType":"clause","heading":"The investigating officer must do all the following:","content":"The investigating officer must do all the following:","sortOrder":1657},{"sectionNumber":"G7.2.1","sectionType":"clause","heading":"Inform the employee in writing of the particulars of the alleged misconduct, and","content":"Inform the employee in writing of the particulars of the alleged misconduct, and\ndetails concerning the investigative process.","sortOrder":1658},{"sectionNumber":"G7.2.2","sectionType":"clause","heading":"Give the employee a reasonable opportunity to respond to allegations, which the","content":"Give the employee a reasonable opportunity to respond to allegations, which the\nemployee may do in writing or at a scheduled interview or in a different manner\nas agreed with the investigating officer, before making a finding of fact.","sortOrder":1659},{"sectionNumber":"G7.2.3","sectionType":"clause","heading":"For written responses provide the timeframe for response which must be reasonable","content":"For written responses provide the timeframe for response which must be reasonable\nunder the circumstances.","sortOrder":1660},{"sectionNumber":"G7.2.4","sectionType":"clause","heading":"If the response includes an interview, provide the employee with at least 24 hours","content":"If the response includes an interview, provide the employee with at least 24 hours\nwritten notice prior to conducting an interview, and advise the employee if the\ninterview is to be recorded electronically.","sortOrder":1661},{"sectionNumber":"G7.2.5","sectionType":"clause","heading":"Advise the employee that the employee may have a second person present during","content":"Advise the employee that the employee may have a second person present during\nthe interview, who may be the employee’s union representative or other\nindividual acting as support person and must allow reasonable opportunity for\nthis to be arranged; and provide a record of the interview to the employee.","sortOrder":1662},{"sectionNumber":"G7.2.6","sectionType":"clause","heading":"Give the employee an opportunity to supplement the record of an interview with a","content":"Give the employee an opportunity to supplement the record of an interview with a\nwritten submission, if the employee so chooses.","sortOrder":1663},{"sectionNumber":"G7.2.7","sectionType":"clause","heading":"As soon as practicable take any further steps considered necessary to establish the","content":"As soon as practicable take any further steps considered necessary to establish the\nfacts of the allegations.","sortOrder":1664},{"sectionNumber":"G7.2.8","sectionType":"clause","heading":"Provide a written report to the public sector standards commissioner setting out","content":"Provide a written report to the public sector standards commissioner setting out\nthe investigating officer’s findings of fact.","sortOrder":1665},{"sectionNumber":"G7.3","sectionType":"clause","heading":"If the employee fails to, or chooses not to, respond to the allegations in accordance with","content":"If the employee fails to, or chooses not to, respond to the allegations in accordance with\nsubclause G7.2 within a reasonable timeframe, the investigating officer must prepare the\nreport and set out the findings of fact on the information available.","sortOrder":1666},{"sectionNumber":"G7.4","sectionType":"clause","heading":"The investigating officer’s findings of fact must be made on the balance of probabilities.","content":"The investigating officer’s findings of fact must be made on the balance of probabilities.","sortOrder":1667},{"sectionNumber":"G7.5","sectionType":"clause","heading":"The chief executive must provide access to relevant CIT information and communication","content":"The chief executive must provide access to relevant CIT information and communication\ntechnology (ICT) records including email, computer, work phone records, or building access logs\nin order for the public sector standards commissioner to establish the facts of the allegations.","sortOrder":1668},{"sectionNumber":"G8.1","sectionType":"clause","heading":"After considering the report from the investigating officer, the public sector standards","content":"After considering the report from the investigating officer, the public sector standards\ncommissioner must make a proposed determination on the balance of probabilities as to whether\nmisconduct has occurred.","sortOrder":1669},{"sectionNumber":"G8.2","sectionType":"clause","heading":"If the public sector standards commissioner determines that the misconduct has not occurred,","content":"If the public sector standards commissioner determines that the misconduct has not occurred,\nthe public sector standards commissioner must notify the employee of this finding and advise\nthat no sanctions will be imposed.\nCanberra Institute\nof Technology\nf_p_n_112_\n© Canberra Institute of Technology Page 110 of 195 Date updated: 18/01/2024","sortOrder":1670},{"sectionNumber":"G8.3","sectionType":"clause","heading":"If the public sector standards commissioner makes a proposed determination that misconduct","content":"If the public sector standards commissioner makes a proposed determination that misconduct\nhas occurred, in accordance with subclause G8.1 the public sector standards commissioner must\ndo all of the following:","sortOrder":1671},{"sectionNumber":"G8.3.1","sectionType":"clause","heading":"Advise the employee in writing of the proposed determination that misconduct has","content":"Advise the employee in writing of the proposed determination that misconduct has\nbeen found to have occurred.","sortOrder":1672},{"sectionNumber":"G8.3.2","sectionType":"clause","heading":"Provide written reasons for arriving at this proposed determination.","content":"Provide written reasons for arriving at this proposed determination.","sortOrder":1673},{"sectionNumber":"G8.3.3","sectionType":"clause","heading":"Provide a copy of the investigation report unless this would be inappropriate in the","content":"Provide a copy of the investigation report unless this would be inappropriate in the\ncircumstances.","sortOrder":1674},{"sectionNumber":"G8.3.4","sectionType":"clause","heading":"Advise the employee of the period during which the employee has to respond to","content":"Advise the employee of the period during which the employee has to respond to\nthe proposed determination that misconduct has occurred. This period must be\nno less than 14 calendar days.","sortOrder":1675},{"sectionNumber":"G8.4","sectionType":"clause","heading":"After considering the employee’s response or, if the employee has not responded, at any time after","content":"After considering the employee’s response or, if the employee has not responded, at any time after\nthe period outlined in paragraph G8.3.4 has lapsed, the public sector standards commissioner must\nmake a final determination as to whether or not misconduct has occurred and will do the following:","sortOrder":1676},{"sectionNumber":"G8.4.1","sectionType":"clause","heading":"Inform the employee in writing of the final determination of whether or not","content":"Inform the employee in writing of the final determination of whether or not\nmisconduct has occurred; and if the determination is that misconduct has occurred do\nboth the following:","sortOrder":1677},{"sectionNumber":"G8.4.1.2","sectionType":"clause","heading":"(a) Refer the matter to the chief executive for consideration of whether or","content":"(a) Refer the matter to the chief executive for consideration of whether or\nnot disciplinary action is to be taken in accordance with clause G9 -.","sortOrder":1678},{"sectionNumber":"G8.4.1.3","sectionType":"clause","heading":"(b) Inform the employee that the matter has been referred to the chief","content":"(b) Inform the employee that the matter has been referred to the chief\nexecutive in accordance with subparagraph G8.4.1 (a).","sortOrder":1679},{"sectionNumber":"G9.1","sectionType":"clause","heading":"This clause applies to circumstances in which one of the following applies:","content":"This clause applies to circumstances in which one of the following applies:","sortOrder":1680},{"sectionNumber":"G9.1.1","sectionType":"clause","heading":"The chief executive receives a determination from the public sector standards","content":"The chief executive receives a determination from the public sector standards\ncommissioner in accordance with paragraph G8.4.1.","sortOrder":1681},{"sectionNumber":"G9.1.2","sectionType":"clause","heading":"An admission is made by the employee under subclause G2.9 and G5.5.","content":"An admission is made by the employee under subclause G2.9 and G5.5.","sortOrder":1682},{"sectionNumber":"G9.1.3","sectionType":"clause","heading":"An employee has been convicted of a criminal offence and the conviction or finding","content":"An employee has been convicted of a criminal offence and the conviction or finding\nhas adversely affected the interests of CIT or the ACTPS under subclause G10.4.","sortOrder":1683},{"sectionNumber":"G9.2.2","sectionType":"clause","heading":"The chief executive must consider whether or not disciplinary action is appropriate, and whether","content":"The chief executive must consider whether or not disciplinary action is appropriate, and whether\nor not one or more of the following sanctions may be taken in relation to the employee:","sortOrder":1684},{"sectionNumber":"G9.2.2.2","sectionType":"clause","heading":"A financial penalty in the form of one or more of the following:","content":"A financial penalty in the form of one or more of the following:","sortOrder":1685},{"sectionNumber":"G9.2.2.3","sectionType":"clause","heading":"(a) Reduce the employee’s incremental level.","content":"(a) Reduce the employee’s incremental level.","sortOrder":1686},{"sectionNumber":"G9.2.2.4","sectionType":"clause","heading":"(b) Defer the employee’s incremental advancement.","content":"(b) Defer the employee’s incremental advancement.","sortOrder":1687},{"sectionNumber":"G9.2.2.5","sectionType":"clause","heading":"(d) Require the employee to fully or partially reimburse the employer for","content":"(d) Require the employee to fully or partially reimburse the employer for\ndamage that the employee has wilfully incurred to property or equipment.","sortOrder":1688},{"sectionNumber":"G9.2.3","sectionType":"clause","heading":"Transfer the employee temporarily or permanently to another position at level or to a","content":"Transfer the employee temporarily or permanently to another position at level or to a\nlower classification level.","sortOrder":1689},{"sectionNumber":"G9.2.4","sectionType":"clause","heading":"Remove any benefit derived through an existing Attraction and Retention Incentive.","content":"Remove any benefit derived through an existing Attraction and Retention Incentive.","sortOrder":1690},{"sectionNumber":"G9.2.5","sectionType":"clause","heading":"Termination of employment.","content":"Termination of employment.\nCanberra Institute\nof Technology\nf_p_n_113_\n© Canberra Institute of Technology Page 111 of 195 Date updated: 18/01/2024","sortOrder":1691},{"sectionNumber":"G9.3","sectionType":"clause","heading":"Nothing in this section limits the ability of the chief executive to require an employee to","content":"Nothing in this section limits the ability of the chief executive to require an employee to\nparticipate in formal remedial programs and sessions aimed at assisting the employee with\naddressing the behaviour that was the subject of the misconduct process.","sortOrder":1692},{"sectionNumber":"G9.4","sectionType":"clause","heading":"In relation to paragraph G9.2.3, if an employee’s classification is reduced as a result of disciplinary","content":"In relation to paragraph G9.2.3, if an employee’s classification is reduced as a result of disciplinary\naction, service before the demotion is not counted towards an increment for any higher duties the\nemployee performs after demotion.","sortOrder":1693},{"sectionNumber":"G9.5","sectionType":"clause","heading":"Sanctions imposed under these procedures must be proportionate to the degree of misconduct","content":"Sanctions imposed under these procedures must be proportionate to the degree of misconduct\nconcerned. In determining the appropriate sanction, all the following factors must be considered:","sortOrder":1694},{"sectionNumber":"G9.5.1","sectionType":"clause","heading":"The nature and seriousness of the misconduct.","content":"The nature and seriousness of the misconduct.","sortOrder":1695},{"sectionNumber":"G9.5.2","sectionType":"clause","heading":"The degree of relevance to the employee's duties or to the reputation of CIT or the","content":"The degree of relevance to the employee's duties or to the reputation of CIT or the\nACTPS.","sortOrder":1696},{"sectionNumber":"G9.5.4","sectionType":"clause","heading":"Any mitigating factors, including any full admission of guilt.","content":"Any mitigating factors, including any full admission of guilt.","sortOrder":1697},{"sectionNumber":"G9.5.5","sectionType":"clause","heading":"The previous employment history and the general conduct of the employee.","content":"The previous employment history and the general conduct of the employee.","sortOrder":1698},{"sectionNumber":"G9.6","sectionType":"clause","heading":"If the employee has moved to a new position (other than as a result of a decision in accordance","content":"If the employee has moved to a new position (other than as a result of a decision in accordance\nwith clause G5 -) during the course of the misconduct process, the changes in employment\ncircumstances must be taken into account as appropriate in accordance with paragraph G1.6.1.","sortOrder":1699},{"sectionNumber":"G9.7","sectionType":"clause","heading":"Unless there are exceptional circumstances, the chief executive must within 14 calendar days of","content":"Unless there are exceptional circumstances, the chief executive must within 14 calendar days of\nreceiving the referral or admission statement from the public sector standards commissioner\nunder subparagraphs G8.4.1 (a) or G2.10 or G5.6 inform the employee in writing of the proposed\ndisciplinary action to be taken, if any, and provide the employee with 7 calendar days to respond.","sortOrder":1700},{"sectionNumber":"G9.8","sectionType":"clause","heading":"The timeframes stipulated in G9.7 may be extended if the chief executive and the public sector","content":"The timeframes stipulated in G9.7 may be extended if the chief executive and the public sector\nstandards commissioner agree that extenuating circumstances warrant the extension.","sortOrder":1701},{"sectionNumber":"G9.9","sectionType":"clause","heading":"After considering the employee’s response in accordance with subclause G9.7, or if the employee","content":"After considering the employee’s response in accordance with subclause G9.7, or if the employee\ndoes not respond, at any time after the 7 calendar days as set out in clause G9.7 have passed, the\nchief executive must make their final decision and inform the employee in writing of all the\nfollowing:","sortOrder":1702},{"sectionNumber":"G9.9.2","sectionType":"clause","heading":"The disciplinary action to be taken, if any.","content":"The disciplinary action to be taken, if any.","sortOrder":1703},{"sectionNumber":"G9.9.3","sectionType":"clause","heading":"The date of effect and, if relevant, the cessation of any disciplinary action.","content":"The date of effect and, if relevant, the cessation of any disciplinary action.","sortOrder":1704},{"sectionNumber":"G9.9.4","sectionType":"clause","heading":"The appeal mechanisms that are available under Section J of this Agreement.","content":"The appeal mechanisms that are available under Section J of this Agreement.","sortOrder":1705},{"sectionNumber":"G10.1","sectionType":"clause","heading":"An employee must advise the chief executive in writing within 48 hours where practicable, but no","content":"An employee must advise the chief executive in writing within 48 hours where practicable, but no\nlonger than 7 calendar days, of any criminal charges laid against the employee in circumstances\nwhere the interests of CIT or of the ACTPS may be adversely affected, taking into account all of the\nfollowing:","sortOrder":1706},{"sectionNumber":"G10.1.1","sectionType":"clause","heading":"The circumstances and seriousness of the alleged criminal offence.","content":"The circumstances and seriousness of the alleged criminal offence.","sortOrder":1707},{"sectionNumber":"G10.1.2","sectionType":"clause","heading":"The employee’s obligations under section 9 of the PSM Act.","content":"The employee’s obligations under section 9 of the PSM Act.","sortOrder":1708},{"sectionNumber":"G10.1.3","sectionType":"clause","heading":"The effective management of the employee’s work area.","content":"The effective management of the employee’s work area.","sortOrder":1709},{"sectionNumber":"G10.1.4","sectionType":"clause","heading":"The integrity and good reputation of the ACTPS and CIT.","content":"The integrity and good reputation of the ACTPS and CIT.","sortOrder":1710},{"sectionNumber":"G10.1.5","sectionType":"clause","heading":"The relevance of the offence to the employee’s duties.","content":"The relevance of the offence to the employee’s duties.\nCanberra Institute\nof Technology\nf_p_n_114_\n© Canberra Institute of Technology Page 112 of 195 Date updated: 18/01/2024","sortOrder":1711},{"sectionNumber":"G10.2","sectionType":"clause","heading":"Where criminal charges are laid against an employee and the interests of CIT or the ACTPS may be","content":"Where criminal charges are laid against an employee and the interests of CIT or the ACTPS may be\nadversely affected, the chief executive may suspend the employee in accordance with the\nsuspension arrangements under clause G6 -.","sortOrder":1712},{"sectionNumber":"G10.3","sectionType":"clause","heading":"If an employee is found guilty of, or convicted of a criminal offence (including if a non-conviction","content":"If an employee is found guilty of, or convicted of a criminal offence (including if a non-conviction\norder is made) the employee must provide a written statement regarding the circumstances of the\noffence to the chief executive within 7 calendar days of the conviction or the finding.","sortOrder":1713},{"sectionNumber":"G10.4","sectionType":"clause","heading":"Where an employee is convicted of a criminal offence and the conviction or finding has adversely","content":"Where an employee is convicted of a criminal offence and the conviction or finding has adversely\naffected the interests of CIT or the ACTPS, the chief executive may impose a sanction for\nmisconduct against the employee in accordance with clause G9 -.","sortOrder":1714},{"sectionNumber":"G11.1","sectionType":"clause","heading":"An employee has the right under Section J to appeal against any finding of misconduct under","content":"An employee has the right under Section J to appeal against any finding of misconduct under\nclause G8 -, any decision to take disciplinary action or to apply a sanction under clause G9 -, or\nagainst any decision taken under clause G6 - to suspend the employee without pay, or to\ntransfer the employee at reduced pay, except action to terminate the employee's employment.","sortOrder":1715},{"sectionNumber":"G11.2","sectionType":"clause","heading":"An employee may have an entitlement to bring an action under the FW Act in respect of any","content":"An employee may have an entitlement to bring an action under the FW Act in respect of any\ndecision under this section to terminate the employee's employment. This is the sole right of\nreview of such a decision.","sortOrder":1716},{"sectionNumber":"G11.3","sectionType":"clause","heading":"The appeal procedures under Section J apply to the exclusion of the rights of appeal and review","content":"The appeal procedures under Section J apply to the exclusion of the rights of appeal and review\nunder the PSM Act and the internal review procedures contained in Section I of this Agreement.\nCanberra Institute\nof Technology\nf_p_n_115_\n© Canberra Institute of Technology Page 113 of 195 Date updated: 18/01/2024","sortOrder":1717},{"sectionNumber":"H1.1","sectionType":"clause","heading":"All employees have an obligation to exercise the functions of an office in accordance with the best","content":"All employees have an obligation to exercise the functions of an office in accordance with the best\npractice principle. These responsibilities and standards are established in accordance with Division","sortOrder":1718},{"sectionNumber":"2.1","sectionType":"clause","heading":"of the PSM Act and the ACT Public Service Code of Conduct and Signature Behaviours.","content":"of the PSM Act and the ACT Public Service Code of Conduct and Signature Behaviours.","sortOrder":1719},{"sectionNumber":"H1.2","sectionType":"clause","heading":"These provisions for managing cases of unsatisfactory work performance promote the principles of","content":"These provisions for managing cases of unsatisfactory work performance promote the principles of\nnatural justice and procedural fairness.","sortOrder":1720},{"sectionNumber":"H1.3","sectionType":"clause","heading":"Any underperformance under the previous enterprise agreement that is not completed as at the","content":"Any underperformance under the previous enterprise agreement that is not completed as at the\ndate of commencement of this enterprise agreement will be completed under the previous\nenterprise agreement. Any right of appeal from that process will also be set out in the previous\nenterprise agreement.","sortOrder":1721},{"sectionNumber":"H2.1","sectionType":"clause","heading":"Under this clause, procedures are established for managing underperformance by an employee.","content":"Under this clause, procedures are established for managing underperformance by an employee.","sortOrder":1722},{"sectionNumber":"H2.2","sectionType":"clause","heading":"This clause applies to all employees, except casual employees who are not eligible casual","content":"This clause applies to all employees, except casual employees who are not eligible casual\nemployees. In applying these procedures to officers on probation, temporary employees, or\neligible casual employees, the chief executive may determine that procedures and practices\nthroughout this clause H2 - may be applied on a proportionate basis according to the\ncircumstances of the case, and in accordance with the principles of procedural fairness and\nnatural justice.","sortOrder":1723},{"sectionNumber":"H2.2.1","sectionType":"clause","heading":"If the process is to be applied on a proportionate basis in accordance with this","content":"If the process is to be applied on a proportionate basis in accordance with this\nsubclause the content of that process, along with any estimated timeframes,\nmust be communicated to the employee when the process commences.","sortOrder":1724},{"sectionNumber":"H2.3","sectionType":"clause","heading":"The objectives of these procedures are to do both the following:","content":"The objectives of these procedures are to do both the following:","sortOrder":1725},{"sectionNumber":"H2.3.1","sectionType":"clause","heading":"Provide advice and support to an employee whose performance is below the","content":"Provide advice and support to an employee whose performance is below the\nstandard required.","sortOrder":1726},{"sectionNumber":"H2.3.2","sectionType":"clause","heading":"Provide a fair, prompt and transparent framework for action to be taken where an","content":"Provide a fair, prompt and transparent framework for action to be taken where an\nemployee continues to perform below expected standard.\nUnderperformance discussions","sortOrder":1727},{"sectionNumber":"H2.4","sectionType":"clause","heading":"Consistent with good management practice, concerns about underperformance should be raised","content":"Consistent with good management practice, concerns about underperformance should be raised\nby the manager or supervisor with the employee at the time that the concerns arise or are\nidentified. The manager or supervisor should offer advice and support to the employee to\novercome these concerns. The manager or supervisor should inform the employee that the\nunderperformance procedures in subclause H2.7 to subclause H2.20 might be invoked if the\nunderperformance continues.","sortOrder":1728},{"sectionNumber":"H2.5","sectionType":"clause","heading":"In order to ensure that these procedures operate in a fair and transparent manner, the manager","content":"In order to ensure that these procedures operate in a fair and transparent manner, the manager\nor supervisor is responsible for documenting all relevant discussions. This includes making a\nrecord of all relevant discussions under this clause, to be signed by both the manager or\nsupervisor and the employee. The employee must be given the opportunity to comment on any\nrecords before signing them. In circumstances where the employee refuses to sign such a\nrecord, the refusal must be noted on the relevant record.","sortOrder":1729},{"sectionNumber":"H2.6","sectionType":"clause","heading":"All parties have an obligation to participate in underperformance processes in good faith.","content":"All parties have an obligation to participate in underperformance processes in good faith.\nCanberra Institute\nof Technology\nf_p_n_116_\n© Canberra Institute of Technology Page 114 of 195 Date updated: 18/01/2024\nUnderperformance process\nStep One: Action Plan","sortOrder":1730},{"sectionNumber":"H2.7","sectionType":"clause","heading":"Where a manager or supervisor assesses that an employee’s work performance is demonstrated","content":"Where a manager or supervisor assesses that an employee’s work performance is demonstrated\nas being below expected standards after having previously discussed concerns with the\nemployee in line with subclause H2.4, the manager or supervisor must inform the employee in\nwriting of this assessment and the reasons for it. The employee must be invited by the manager\nor supervisor to provide written comments on this assessment, including any reasons that in the\nemployee’s view may have contributed to their recent work performance.","sortOrder":1731},{"sectionNumber":"H2.8","sectionType":"clause","heading":"After taking into account the comments from the employee, the manager or supervisor must","content":"After taking into account the comments from the employee, the manager or supervisor must\nprepare an action plan in consultation with the employee.","sortOrder":1732},{"sectionNumber":"H2.9","sectionType":"clause","heading":"The manager or supervisor must invite the employee to have a support person, who may be","content":"The manager or supervisor must invite the employee to have a support person, who may be\nthe employee’s union or other employee representative, present at discussions to develop the\naction plan and must allow reasonable opportunity for this to be arranged.","sortOrder":1733},{"sectionNumber":"H2.10","sectionType":"clause","heading":"The action plan must provide all of the following:","content":"The action plan must provide all of the following:","sortOrder":1734},{"sectionNumber":"H2.10.1","sectionType":"clause","heading":"Identify the expected standards of work required of the employee on an on-going","content":"Identify the expected standards of work required of the employee on an on-going\nbasis.","sortOrder":1735},{"sectionNumber":"H2.10.2","sectionType":"clause","heading":"Identify any learning and development strategies that the employee should","content":"Identify any learning and development strategies that the employee should\nundertake.","sortOrder":1736},{"sectionNumber":"H2.10.3","sectionType":"clause","heading":"Outline the potential underperformance actions that may be taken if the","content":"Outline the potential underperformance actions that may be taken if the\nemployee does not meet the expected standards.","sortOrder":1737},{"sectionNumber":"H2.10.4","sectionType":"clause","heading":"Specify the action plan period, which should not normally be less than one month","content":"Specify the action plan period, which should not normally be less than one month\nand should not exceed 6 months to allow the employee sufficient opportunity to\nachieve the expected standard.","sortOrder":1738},{"sectionNumber":"H2.10.5","sectionType":"clause","heading":"Specify the assessment criteria to be measured within the action plan period.","content":"Specify the assessment criteria to be measured within the action plan period.","sortOrder":1739},{"sectionNumber":"H2.11","sectionType":"clause","heading":"Any current performance agreement must be suspended during the period of the action plan.","content":"Any current performance agreement must be suspended during the period of the action plan.\nAny incremental advancement action for the employee must be suspended during the action\nplan period.\nStep Two: Regular Assessment","sortOrder":1740},{"sectionNumber":"H2.12","sectionType":"clause","heading":"During the action plan period, the manager or supervisor must make regular written assessments","content":"During the action plan period, the manager or supervisor must make regular written assessments\n(desirably every fortnight) of the employee’s work performance under the action plan. The\nemployee must be given an opportunity to provide written comments on these assessments.","sortOrder":1741},{"sectionNumber":"H2.13","sectionType":"clause","heading":"If the manager or supervisor considers that further assessment time is needed the manager or","content":"If the manager or supervisor considers that further assessment time is needed the manager or\nsupervisor may extend the action plan period. However, the extended assessment time must\nnot result in the action plan exceeding 6 months’ duration. The manager or supervisor must\ninform the employee in writing of the decision to extend the assessment time and the duration\nof the action plan.\nStep Three: Final Assessment Report","sortOrder":1742},{"sectionNumber":"H2.14","sectionType":"clause","heading":"If at the end of the action plan period, the manager or supervisor assesses the work","content":"If at the end of the action plan period, the manager or supervisor assesses the work\nperformance of the employee as satisfactory, no further action can be taken under these\nprocedures at that time. The manager or supervisor must inform the employee in writing of this\ndecision.","sortOrder":1743},{"sectionNumber":"H2.15","sectionType":"clause","heading":"If at the end of the action plan period, the manager or supervisor assesses the work","content":"If at the end of the action plan period, the manager or supervisor assesses the work\nperformance of the employee as not satisfactory, the manager or supervisor must provide a\nreport including the assessment and reasons for the assessment to the chief executive.\nCanberra Institute\nof Technology\nf_p_n_117_\n© Canberra Institute of Technology Page 115 of 195 Date updated: 18/01/2024\nStep Four: Underperformance Action","sortOrder":1744},{"sectionNumber":"H2.16","sectionType":"clause","heading":"The chief executive must advise the employee in writing of all the following:","content":"The chief executive must advise the employee in writing of all the following:","sortOrder":1745},{"sectionNumber":"H2.16.1","sectionType":"clause","heading":"The assessment and reasons for the manager's or supervisor’s assessment.","content":"The assessment and reasons for the manager's or supervisor’s assessment.","sortOrder":1746},{"sectionNumber":"H2.16.2","sectionType":"clause","heading":"The underperformance action(s) (subclause H2.17) proposed to be taken and the","content":"The underperformance action(s) (subclause H2.17) proposed to be taken and the\nreasons for proposing this action.","sortOrder":1747},{"sectionNumber":"H2.16.3","sectionType":"clause","heading":"The employee’s right to respond in writing to the proposed action within a period","content":"The employee’s right to respond in writing to the proposed action within a period\nof not more than 7 calendar days.","sortOrder":1748},{"sectionNumber":"H2.17","sectionType":"clause","heading":"At any time after 7 calendar days from the date the chief executive advised the employee under","content":"At any time after 7 calendar days from the date the chief executive advised the employee under\nsubclause H2.16, and after considering any response from the employee, the chief executive may\ndecide to take one or more of the following underperformance actions:","sortOrder":1749},{"sectionNumber":"H2.17.1","sectionType":"clause","heading":"Transfer the employee to other duties (at or below current pay).","content":"Transfer the employee to other duties (at or below current pay).","sortOrder":1750},{"sectionNumber":"H2.17.2","sectionType":"clause","heading":"Defer the employee’s incremental advancement.","content":"Defer the employee’s incremental advancement.","sortOrder":1751},{"sectionNumber":"H2.17.3","sectionType":"clause","heading":"Reduce the employee’s incremental point.","content":"Reduce the employee’s incremental point.","sortOrder":1752},{"sectionNumber":"H2.17.4","sectionType":"clause","heading":"Temporarily or permanently reduce the employee’s classification and pay.","content":"Temporarily or permanently reduce the employee’s classification and pay.","sortOrder":1753},{"sectionNumber":"H2.17.5","sectionType":"clause","heading":"Remove any benefit derived through an existing Attraction and Retention Incentive.","content":"Remove any benefit derived through an existing Attraction and Retention Incentive.","sortOrder":1754},{"sectionNumber":"H2.18","sectionType":"clause","heading":"If an employee’s incremental point is reduced in accordance with paragraph H2.17.3, or the","content":"If an employee’s incremental point is reduced in accordance with paragraph H2.17.3, or the\nemployee’s classification is permanently reduced in accordance with paragraph H2.17.4 the\ndate the sanction takes effect will become the new anniversary date for the purpose of future\nincremental advancement. Any higher duties worked prior to the date of sanction do not count\ntowards incremental advancement at a higher level.","sortOrder":1755},{"sectionNumber":"H2.19","sectionType":"clause","heading":"The chief executive must inform the employee in writing of the decision made under subclause","content":"The chief executive must inform the employee in writing of the decision made under subclause\nH2.17, the reasons for the decision and the appeal mechanisms available under this Agreement.","sortOrder":1756},{"sectionNumber":"H2.20","sectionType":"clause","heading":"At any time in these procedures, the employee may elect to be retired on the grounds of","content":"At any time in these procedures, the employee may elect to be retired on the grounds of\ninefficiency.","sortOrder":1757},{"sectionNumber":"H3.1","sectionType":"clause","heading":"The employee has the right under Section J to appeal any underperformance action taken under","content":"The employee has the right under Section J to appeal any underperformance action taken under\nsubclause H2.17, except action to terminate the employee’s employment.","sortOrder":1758},{"sectionNumber":"H3.2","sectionType":"clause","heading":"The employee may have an entitlement to bring an action under the FW Act in respect of any","content":"The employee may have an entitlement to bring an action under the FW Act in respect of any\ntermination of employment under this Agreement. This is the sole right of review of such an\naction.\nCanberra Institute\nof Technology\nf_p_n_118_\n© Canberra Institute of Technology Page 116 of 195 Date updated: 18/01/2024","sortOrder":1759},{"sectionNumber":"I1.1","sectionType":"clause","heading":"Under this section, procedures are established for employees to seek a review of management","content":"Under this section, procedures are established for employees to seek a review of management\nactions that affect their employment with CIT.","sortOrder":1760},{"sectionNumber":"I1.2","sectionType":"clause","heading":"The procedures in this section promote the values and general principles of the ACTPS and account","content":"The procedures in this section promote the values and general principles of the ACTPS and account\nfor the principles of natural justice and procedural fairness.","sortOrder":1761},{"sectionNumber":"I1.3","sectionType":"clause","heading":"These procedures apply to all employees covered by this Agreement.","content":"These procedures apply to all employees covered by this Agreement.","sortOrder":1762},{"sectionNumber":"I1.4","sectionType":"clause","heading":"For the purposes of this section, an action includes a decision and a refusal or failure to make a","content":"For the purposes of this section, an action includes a decision and a refusal or failure to make a\ndecision.","sortOrder":1763},{"sectionNumber":"I2.1","sectionType":"clause","heading":"All the following decisions and actions are excluded from the rights of an employee to seek a","content":"All the following decisions and actions are excluded from the rights of an employee to seek a\nreview under procedures set out in this section:","sortOrder":1764},{"sectionNumber":"I2.1.1","sectionType":"clause","heading":"Actions regarding the policy, strategy, nature, scope, resourcing or direction of the","content":"Actions regarding the policy, strategy, nature, scope, resourcing or direction of the\nACTPS and CIT (see clause F1 - of this Agreement for consultation on these actions).","sortOrder":1765},{"sectionNumber":"I2.1.2","sectionType":"clause","heading":"Actions arising under Commonwealth or ACT legislation that concern domestic or","content":"Actions arising under Commonwealth or ACT legislation that concern domestic or\ninternational security matters.","sortOrder":1766},{"sectionNumber":"I2.1.3","sectionType":"clause","heading":"Actions regarding superannuation (see relevant superannuation legislation for","content":"Actions regarding superannuation (see relevant superannuation legislation for\ncomplaints and appeals on these actions, in particular the Superannuation Industry\n(Supervision) Act 1993.","sortOrder":1767},{"sectionNumber":"I2.1.4","sectionType":"clause","heading":"Actions regarding workers' compensation (see the Safety, Rehabilitation and","content":"Actions regarding workers' compensation (see the Safety, Rehabilitation and\nCompensation Act 1988 for reviews and appeals on these actions).","sortOrder":1768},{"sectionNumber":"I2.1.5","sectionType":"clause","heading":"Decisions to terminate the appointment of an officer on probation.","content":"Decisions to terminate the appointment of an officer on probation.","sortOrder":1769},{"sectionNumber":"I2.1.6","sectionType":"clause","heading":"Decisions on classification of an office (see clause D3 - of this Agreement for reviews","content":"Decisions on classification of an office (see clause D3 - of this Agreement for reviews\non classifications).","sortOrder":1770},{"sectionNumber":"I2.1.7","sectionType":"clause","heading":"Any action to which the employee has an appeal or review right under Section K of","content":"Any action to which the employee has an appeal or review right under Section K of\nthis Agreement.","sortOrder":1771},{"sectionNumber":"I2.1.8","sectionType":"clause","heading":"Any action to which the employee has an appeal right under subclause J1.3 of this","content":"Any action to which the employee has an appeal right under subclause J1.3 of this\nAgreement.","sortOrder":1772},{"sectionNumber":"I2.1.9","sectionType":"clause","heading":"Any action arising from the preliminary assessment process under clause G2 -.","content":"Any action arising from the preliminary assessment process under clause G2 -.","sortOrder":1773},{"sectionNumber":"I2.1.10","sectionType":"clause","heading":"Actions arising from the misconduct procedures of this Agreement.","content":"Actions arising from the misconduct procedures of this Agreement.","sortOrder":1774},{"sectionNumber":"I2.1.11","sectionType":"clause","heading":"Actions arising from the underperformance procedures of this Agreement.","content":"Actions arising from the underperformance procedures of this Agreement.","sortOrder":1775},{"sectionNumber":"I2.1.12","sectionType":"clause","heading":"Any decisions under subclauses G5.1, G5.4 and G5.7 of this Agreement.","content":"Any decisions under subclauses G5.1, G5.4 and G5.7 of this Agreement.","sortOrder":1776},{"sectionNumber":"I2.1.13","sectionType":"clause","heading":"Any decisions under subclause J2.2 of this Agreement.","content":"Any decisions under subclause J2.2 of this Agreement.","sortOrder":1777},{"sectionNumber":"I2.1.14","sectionType":"clause","heading":"Actions regarding the setting of rates of pay or conditions of employment under","content":"Actions regarding the setting of rates of pay or conditions of employment under\nan award or agreement made under the FW Act, or under the PSM Act or the PSM\nStandards (this includes an Attraction and Retention Incentive (ARINs) or a pre FW\nAct Australian Workplace Agreement (AWA)).","sortOrder":1778},{"sectionNumber":"I2.1.15","sectionType":"clause","heading":"Decisions to appoint or not appoint a person as an officer to a vacant position.","content":"Decisions to appoint or not appoint a person as an officer to a vacant position.","sortOrder":1779},{"sectionNumber":"I2.1.16","sectionType":"clause","heading":"Decisions that another officer perform the duties of a higher office or role for","content":"Decisions that another officer perform the duties of a higher office or role for\nperiods up to and including 6 months.\nCanberra Institute\nof Technology\nf_p_n_119_\n© Canberra Institute of Technology Page 117 of 195 Date updated: 18/01/2024","sortOrder":1780},{"sectionNumber":"I2.1.17","sectionType":"clause","heading":"Decisions to transfer another employee or promote another officer to an advertised","content":"Decisions to transfer another employee or promote another officer to an advertised\nvacancy where the officer or employee seeking the review was not an applicant.","sortOrder":1781},{"sectionNumber":"I2.1.18","sectionType":"clause","heading":"Actions arising from the internal review procedures or appeal panel procedures of","content":"Actions arising from the internal review procedures or appeal panel procedures of\nthis Agreement, including the review and appeals procedures under Section K of\nthis Agreement.","sortOrder":1782},{"sectionNumber":"I3.1","sectionType":"clause","heading":"An employee should first discuss their concerns about an action or decision with the relevant","content":"An employee should first discuss their concerns about an action or decision with the relevant\ndecision-maker with a view to resolving the matter within the workplace before initiating a\nreview under these procedures.","sortOrder":1783},{"sectionNumber":"I3.2","sectionType":"clause","heading":"An employee, or the employee’s union or other employee representative on the employee’s","content":"An employee, or the employee’s union or other employee representative on the employee’s\nbehalf, has the right to apply for a review of any action or decision that directly affects the\nemployee’s employment, unless the action or decision is specifically excluded under this section.","sortOrder":1784},{"sectionNumber":"I3.3","sectionType":"clause","heading":"An employee, or the employee’s union or other employee representative on the employee’s","content":"An employee, or the employee’s union or other employee representative on the employee’s\nbehalf, may initiate a review under this Section by making an application to the chief executive in\naccordance with all of the following:","sortOrder":1785},{"sectionNumber":"I3.3.2","sectionType":"clause","heading":"It is made no more than 28 calendar days after the employee was advised of the","content":"It is made no more than 28 calendar days after the employee was advised of the\ndecision that is the subject of the application for review, unless the chief executive\nagrees that extenuating circumstances exist.","sortOrder":1786},{"sectionNumber":"I3.3.3","sectionType":"clause","heading":"It identifies the action or decision or both to which the employee seeks a review of.","content":"It identifies the action or decision or both to which the employee seeks a review of.","sortOrder":1787},{"sectionNumber":"I3.3.4","sectionType":"clause","heading":"It does not concern a decision or action that is excluded under subclause I2.1.","content":"It does not concern a decision or action that is excluded under subclause I2.1.","sortOrder":1788},{"sectionNumber":"I3.3.5","sectionType":"clause","heading":"It identifies the reasons the review is sought including, in the employee’s view, the","content":"It identifies the reasons the review is sought including, in the employee’s view, the\neffect(s) that the action or decision has or is having on the employee’s employment.","sortOrder":1789},{"sectionNumber":"I3.3.6","sectionType":"clause","heading":"It outlines the extenuating circumstances, if any, where the application is made","content":"It outlines the extenuating circumstances, if any, where the application is made\noutside the timeframe specified in paragraph I3.3.2.","sortOrder":1790},{"sectionNumber":"I3.4","sectionType":"clause","heading":"If the review relates to a failure or refusal to make a decision in accordance with subclause I1.4,","content":"If the review relates to a failure or refusal to make a decision in accordance with subclause I1.4,\nthe 28 day time period outlined in paragraph I3.3.2 is taken to commence on the day it was\napparent that there was a failure or refusal to make a decision.","sortOrder":1791},{"sectionNumber":"I3.5","sectionType":"clause","heading":"The chief executive must, provided that the requirements under subclause I3.3 have been met,","content":"The chief executive must, provided that the requirements under subclause I3.3 have been met,\nrefer the matter for review in accordance with clause I4 -.","sortOrder":1792},{"sectionNumber":"I4.1","sectionType":"clause","heading":"Notwithstanding subclause I3.5, where appropriate, and agreed by the employee who made the","content":"Notwithstanding subclause I3.5, where appropriate, and agreed by the employee who made the\napplication under clause I3.3 (for the purposes of this Section I “the applicant”), or the\napplicant’s union or other employee representative on the applicant’s behalf, the chief\nexecutive must consider mediation as an option before arranging for a review under subclause","sortOrder":1793},{"sectionNumber":"I4.3","sectionType":"clause","heading":"The mediator must be agreed between the applicant and the chief executive.","content":"The mediator must be agreed between the applicant and the chief executive.","sortOrder":1794},{"sectionNumber":"I4.2","sectionType":"clause","heading":"In the event that mediation does take place and that it resolves the issues raised in the","content":"In the event that mediation does take place and that it resolves the issues raised in the\napplication, then no further action is required under these procedures. In that event a formal\nwritten statement that the issue has been resolved must be signed by the applicant and the\nchief executive.\nCanberra Institute\nof Technology\nf_p_n_120_\n© Canberra Institute of Technology Page 118 of 195 Date updated: 18/01/2024","sortOrder":1795},{"sectionNumber":"I4.3.2","sectionType":"clause","heading":"Subject to subclauses I3.5, I4.1 and I4.2, the chief executive must arrange for an application","content":"Subject to subclauses I3.5, I4.1 and I4.2, the chief executive must arrange for an application\nmade under clause I3.3 to be reviewed by an independent person (the reviewer) who may be\none of the following:","sortOrder":1796},{"sectionNumber":"I4.3.1","sectionType":"clause","heading":"A suitably skilled person who was not involved in the original action.","content":"A suitably skilled person who was not involved in the original action.","sortOrder":1797},{"sectionNumber":"I4.3.2.2","sectionType":"clause","heading":"A person chosen from a panel of providers.","content":"A person chosen from a panel of providers.","sortOrder":1798},{"sectionNumber":"I4.4","sectionType":"clause","heading":"The reviewer must be provided with all relevant information and evidence that was available to","content":"The reviewer must be provided with all relevant information and evidence that was available to\nthe delegate in the making of the original decision or in taking the original action.","sortOrder":1799},{"sectionNumber":"I4.5","sectionType":"clause","heading":"The reviewer may recommend to the chief executive that an application should not be","content":"The reviewer may recommend to the chief executive that an application should not be\nconsidered on any of the following grounds:","sortOrder":1800},{"sectionNumber":"I4.5.1","sectionType":"clause","heading":"The application concerns a decision or action that is excluded under subclause I2.1.","content":"The application concerns a decision or action that is excluded under subclause I2.1.","sortOrder":1801},{"sectionNumber":"I4.5.2","sectionType":"clause","heading":"The applicant has made an application regarding the decision or action to a court or","content":"The applicant has made an application regarding the decision or action to a court or\ntribunal, or where the reviewer believes it is more appropriate that such an\napplication be made.","sortOrder":1802},{"sectionNumber":"I4.5.3","sectionType":"clause","heading":"The reviewer believes on reasonable grounds that the application is any of the","content":"The reviewer believes on reasonable grounds that the application is any of the\nfollowing:","sortOrder":1803},{"sectionNumber":"I4.5.3.2","sectionType":"clause","heading":"(c) Should not be heard for some other compelling reason.","content":"(c) Should not be heard for some other compelling reason.","sortOrder":1804},{"sectionNumber":"I4.6","sectionType":"clause","heading":"The chief executive must either confirm a recommendation made by the reviewer under","content":"The chief executive must either confirm a recommendation made by the reviewer under\nsubclause I4.5 that an application should not be considered or arrange for another reviewer to\nconsider the application.","sortOrder":1805},{"sectionNumber":"I4.7","sectionType":"clause","heading":"The chief executive must inform the applicant in writing, within 14 calendar days of the date of","content":"The chief executive must inform the applicant in writing, within 14 calendar days of the date of\nany decision under subclause I4.6, including, the reasons for any decision not to consider the\napplication.","sortOrder":1806},{"sectionNumber":"I4.8","sectionType":"clause","heading":"If the reviewer does not make a recommendation under subclause I4.5, then the reviewer must","content":"If the reviewer does not make a recommendation under subclause I4.5, then the reviewer must\nconduct a procedural review on the papers to determine all of the following:","sortOrder":1807},{"sectionNumber":"I4.8.1","sectionType":"clause","heading":"Whether it was open to the chief executive to take the action that they did.","content":"Whether it was open to the chief executive to take the action that they did.","sortOrder":1808},{"sectionNumber":"I4.8.2","sectionType":"clause","heading":"Whether the principles of procedural fairness and natural justice were complied","content":"Whether the principles of procedural fairness and natural justice were complied\nwith in taking the original action.\nl4.8.3 Whether the final decision of the chief executive was fair and equitable in all of the\ncircumstances. If the reviewer has any doubt over the reliability or validity of the\ninformation, evidence or processes used in making the original decision or action,\nor that significant information or evidence was not considered in the making of the\noriginal decision or action, the reviewer must inform the chief executive of that\ndoubt and the reasons for it in the written report in accordance with I4.9.","sortOrder":1809},{"sectionNumber":"I4.9","sectionType":"clause","heading":"After reviewing any action or decision the reviewer must, subject to subclause I4.13, make a","content":"After reviewing any action or decision the reviewer must, subject to subclause I4.13, make a\nwritten report to the chief executive recommending one of the following:","sortOrder":1810},{"sectionNumber":"I4.9.1","sectionType":"clause","heading":"The original decision or action be confirmed.","content":"The original decision or action be confirmed.","sortOrder":1811},{"sectionNumber":"I4.9.2","sectionType":"clause","heading":"The original decision or action be varied.","content":"The original decision or action be varied.","sortOrder":1812},{"sectionNumber":"I4.10","sectionType":"clause","heading":"A copy of the report under subclause I4.9 must be provided to the applicant and the applicant","content":"A copy of the report under subclause I4.9 must be provided to the applicant and the applicant\nmust be given the opportunity to provide a response. The applicant may respond to any aspects\nCanberra Institute\nof Technology\nf_p_n_121_\n© Canberra Institute of Technology Page 119 of 195 Date updated: 18/01/2024\nof the report. Such a response must be in writing and be provided to the chief executive within","sortOrder":1813},{"sectionNumber":"14.3","sectionType":"clause","heading":"calendar days of the applicant receiving the report.","content":"calendar days of the applicant receiving the report.","sortOrder":1814},{"sectionNumber":"I4.11","sectionType":"clause","heading":"The chief executive, after considering the report from the reviewer and any response from the","content":"The chief executive, after considering the report from the reviewer and any response from the\napplicant to the report of the reviewer, may do one of the following:","sortOrder":1815},{"sectionNumber":"I4.11.3","sectionType":"clause","heading":"Take any other action the chief executive believes is reasonable.","content":"Take any other action the chief executive believes is reasonable.","sortOrder":1816},{"sectionNumber":"I4.12","sectionType":"clause","heading":"The chief executive must inform the applicant in writing, within 14 calendar days of the date of","content":"The chief executive must inform the applicant in writing, within 14 calendar days of the date of\nany decision under subclause I4.11, including the reasons for the action.\nReview of chief executive decisions","sortOrder":1817},{"sectionNumber":"I4.13","sectionType":"clause","heading":"Where the subject of the application is an action or decision of the chief executive (in person),","content":"Where the subject of the application is an action or decision of the chief executive (in person),\nthe written report of the reviewer must be made to the public sector standards commissioner.\nA copy of this report must be provided to the applicant.","sortOrder":1818},{"sectionNumber":"I4.14","sectionType":"clause","heading":"The public sector standards commissioner may, after considering the report from the reviewer,","content":"The public sector standards commissioner may, after considering the report from the reviewer,\nrecommend to the chief executive one of the following:","sortOrder":1819},{"sectionNumber":"I4.14.3","sectionType":"clause","heading":"Other action be taken that the public sector standards commissioner believes is","content":"Other action be taken that the public sector standards commissioner believes is\nreasonable.","sortOrder":1820},{"sectionNumber":"I4.15","sectionType":"clause","heading":"The chief executive (in person), after considering the report from the public sector standards","content":"The chief executive (in person), after considering the report from the public sector standards\ncommissioner, may do one of the following:","sortOrder":1821},{"sectionNumber":"I4.15.1","sectionType":"clause","heading":"Accept any or all of the report’s recommendation(s) and take such action as","content":"Accept any or all of the report’s recommendation(s) and take such action as\nnecessary to implement the recommendation(s).","sortOrder":1822},{"sectionNumber":"I4.15.2","sectionType":"clause","heading":"Not accept the report’s recommendation(s) and confirm the original action.","content":"Not accept the report’s recommendation(s) and confirm the original action.","sortOrder":1823},{"sectionNumber":"I4.16","sectionType":"clause","heading":"If the chief executive (in person) does not accept any one of the recommendation(s) of the","content":"If the chief executive (in person) does not accept any one of the recommendation(s) of the\npublic sector standards commissioner under subclause I4.14, they must do both the following:","sortOrder":1824},{"sectionNumber":"I4.16.1","sectionType":"clause","heading":"Provide written reasons to the public sector standards commissioner for not","content":"Provide written reasons to the public sector standards commissioner for not\naccepting the recommendation(s).","sortOrder":1825},{"sectionNumber":"I4.16.2","sectionType":"clause","heading":"Provide the applicant, within 14 calendar days, with written reasons for not","content":"Provide the applicant, within 14 calendar days, with written reasons for not\naccepting the recommendation(s).","sortOrder":1826},{"sectionNumber":"I4.17","sectionType":"clause","heading":"If the chief executive (in person) does not accept any one of the recommendation(s) of the","content":"If the chief executive (in person) does not accept any one of the recommendation(s) of the\npublic sector standards commissioner under subclause I4.14, the public sector standards\ncommissioner must report on this outcome.","sortOrder":1827},{"sectionNumber":"I5.1","sectionType":"clause","heading":"The applicant, or the applicant’s union or other employee representative on the employee’s","content":"The applicant, or the applicant’s union or other employee representative on the employee’s\nbehalf, may seek a review of a decision or action under subclause I4.11 or subclause I4.15 by\nan external tribunal or body, including the FWC.","sortOrder":1828},{"sectionNumber":"I5.2","sectionType":"clause","heading":"The FWC is empowered to resolve the matter in accordance with the powers and functions set out","content":"The FWC is empowered to resolve the matter in accordance with the powers and functions set out\nin clause F6 - of this Agreement. The decision of the FWC is binding, subject to any rights of appeal\nagainst the decision to a Full Bench of the FWC in accordance with clause G6.14.\nCanberra Institute\nof Technology\nf_p_n_122_\n© Canberra Institute of Technology Page 120 of 195 Date updated: 18/01/2024","sortOrder":1829},{"sectionNumber":"SECTION J.2","sectionType":"part","heading":"SECTION J - Appeal Mechanism for Misconduct, Underperformance and Other Matters","content":"SECTION J - Appeal Mechanism for Misconduct, Underperformance and Other Matters","sortOrder":1830},{"sectionNumber":"J1.1","sectionType":"clause","heading":"This section sets out an appeal mechanism for an employee where the employee (referred to","content":"This section sets out an appeal mechanism for an employee where the employee (referred to\nin this section as “the appellant”) is not satisfied with the outcome of decisions described in\nthe following clause.","sortOrder":1831},{"sectionNumber":"J1.2","sectionType":"clause","heading":"The head of service must nominate a person, or position, to be the Convenor of Appeals","content":"The head of service must nominate a person, or position, to be the Convenor of Appeals\n(“the Convenor”).","sortOrder":1832},{"sectionNumber":"J1.3","sectionType":"clause","heading":"This appeal mechanism applies to all the following decisions:","content":"This appeal mechanism applies to all the following decisions:","sortOrder":1833},{"sectionNumber":"J1.3.1","sectionType":"clause","heading":"Decisions to suspend the employee without pay under clause G6 - of this","content":"Decisions to suspend the employee without pay under clause G6 - of this\nAgreement.","sortOrder":1834},{"sectionNumber":"J1.3.2","sectionType":"clause","heading":"Decisions relating to findings of misconduct under clause G8 -, provided that such","content":"Decisions relating to findings of misconduct under clause G8 -, provided that such\nand appeal can only be made after a decision about disciplinary action under\nclause G9 - has been made, except a decision to terminate the employee’s\nemployment.","sortOrder":1835},{"sectionNumber":"J1.3.3","sectionType":"clause","heading":"Decisions to take disciplinary action under subclause G9 - of this Agreement,","content":"Decisions to take disciplinary action under subclause G9 - of this Agreement,\nexcept a decision to terminate the employee’s employment.","sortOrder":1836},{"sectionNumber":"J1.3.4","sectionType":"clause","heading":"Decisions to take underperformance action under subclause H2.17 of this Agreement,","content":"Decisions to take underperformance action under subclause H2.17 of this Agreement,\nexcept a decision to terminate the employee’s employment.","sortOrder":1837},{"sectionNumber":"J1.3.5","sectionType":"clause","heading":"Decisions taken in relation to an employee’s eligibility for benefits under","content":"Decisions taken in relation to an employee’s eligibility for benefits under\nclauses L6 - of this Agreement and the amount of such benefits, the amount\npayable by way of income maintenance under clause L10 -, and the giving of a\nnotice of involuntary redundancy under clause L9 -.","sortOrder":1838},{"sectionNumber":"J1.3.6","sectionType":"clause","heading":"Any other decision that is subject to appeal under the PSM Act.","content":"Any other decision that is subject to appeal under the PSM Act.","sortOrder":1839},{"sectionNumber":"J1.4","sectionType":"clause","heading":"In relation to appeals about misconduct findings and disciplinary action in accordance with","content":"In relation to appeals about misconduct findings and disciplinary action in accordance with\nsubclause J1.3.2 and subclause J1.3.3, only one application for appeal can be made in relation\nto the same misconduct matter. The application must state which one of the following the\napplication relates to:","sortOrder":1840},{"sectionNumber":"J1.4.1","sectionType":"clause","heading":"The finding of misconduct under clause G8 -.","content":"The finding of misconduct under clause G8 -.","sortOrder":1841},{"sectionNumber":"J1.4.2","sectionType":"clause","heading":"The disciplinary action under clause G9 -.","content":"The disciplinary action under clause G9 -.","sortOrder":1842},{"sectionNumber":"J1.4.3","sectionType":"clause","heading":"Both the finding of misconduct under clause G8 - and the disciplinary action under","content":"Both the finding of misconduct under clause G8 - and the disciplinary action under\nclause G9 -.","sortOrder":1843},{"sectionNumber":"J1.5","sectionType":"clause","heading":"An employee may have an entitlement to bring an action under the FW Act in respect of any","content":"An employee may have an entitlement to bring an action under the FW Act in respect of any\ntermination of employment under this Agreement. This is the sole right of review of such an\naction.","sortOrder":1844},{"sectionNumber":"J2.1","sectionType":"clause","heading":"The appellant, or the appellant’s union or other employee representative on the appellant’s","content":"The appellant, or the appellant’s union or other employee representative on the appellant’s\nbehalf, may initiate an appeal under these procedures by making an application to the\nConvenor in accordance with all of the following:","sortOrder":1845},{"sectionNumber":"J2.1.2","sectionType":"clause","heading":"It describes the decision or action taken or to be taken, the reasons for the","content":"It describes the decision or action taken or to be taken, the reasons for the\napplication and the outcome sought.\nCanberra Institute\nof Technology\nf_p_n_123_\n© Canberra Institute of Technology Page 121 of 195 Date updated: 18/01/2024","sortOrder":1846},{"sectionNumber":"J2.1.3","sectionType":"clause","heading":"It is received by the Convenor within 14 calendar days of being notified, or the","content":"It is received by the Convenor within 14 calendar days of being notified, or the\nappellant becoming aware, of the decision to take the action.","sortOrder":1847},{"sectionNumber":"J2.1.4","sectionType":"clause","heading":"It seeks to appeal an appellable decision as set out in subclause J1.3.","content":"It seeks to appeal an appellable decision as set out in subclause J1.3.","sortOrder":1848},{"sectionNumber":"J2.2","sectionType":"clause","heading":"Notwithstanding any other provisions in this section, the Convenor has the authority to dismiss","content":"Notwithstanding any other provisions in this section, the Convenor has the authority to dismiss\nan appeal if the appellant obstructs, unreasonably delays or fails to co-operate with the process.","sortOrder":1849},{"sectionNumber":"J3.1","sectionType":"clause","heading":"The public sector standards commissioner must keep a list of approved independent appeal","content":"The public sector standards commissioner must keep a list of approved independent appeal\nmembers.","sortOrder":1850},{"sectionNumber":"J3.2","sectionType":"clause","heading":"Where an application is received by the Convenor in accordance with the requirements set out","content":"Where an application is received by the Convenor in accordance with the requirements set out\nin subclause J2.1 and subclause J2.2 the Convenor must select a person from the approved list\nof independent appeal members to conduct a single member determinative appeal.","sortOrder":1851},{"sectionNumber":"J4.2","sectionType":"clause","heading":"- Powers and Role of the Independent Appeal Member","content":"- Powers and Role of the Independent Appeal Member","sortOrder":1852},{"sectionNumber":"J4.1","sectionType":"clause","heading":"In considering an application, the independent appeal member must have due regard to the","content":"In considering an application, the independent appeal member must have due regard to the\nprinciples of natural justice and procedural fairness. Proceedings of the appeal are to be\nconducted as quickly as practicable and consistent with a fair and proper consideration of the\nissues.","sortOrder":1853},{"sectionNumber":"J4.2.2","sectionType":"clause","heading":"The Convenor must invite the appellant to have a support person, who may be the appellant’s","content":"The Convenor must invite the appellant to have a support person, who may be the appellant’s\nunion or other employee representative, present at any meetings held between the\nindependent appeal member and the appellant and must allow reasonable opportunity for this\nto be arranged.","sortOrder":1854},{"sectionNumber":"J4.3","sectionType":"clause","heading":"The independent appeal member must be provided with all relevant information and evidence","content":"The independent appeal member must be provided with all relevant information and evidence\nthat was available to the decision-maker in the making of the original decision or in taking the\noriginal action.","sortOrder":1855},{"sectionNumber":"J4.4","sectionType":"clause","heading":"The independent appeal member has the discretion to decide not to conduct a review of the","content":"The independent appeal member has the discretion to decide not to conduct a review of the\nappeal application, or, if it has commenced reviewing the application, to decide not to proceed\nfurther if the independent appeal member believes any of the following apply:","sortOrder":1856},{"sectionNumber":"J4.4.1","sectionType":"clause","heading":"The application is frivolous or vexatious, or not made in good faith.","content":"The application is frivolous or vexatious, or not made in good faith.","sortOrder":1857},{"sectionNumber":"J4.4.2","sectionType":"clause","heading":"The appellant making the appeal may apply to another person or authority about","content":"The appellant making the appeal may apply to another person or authority about\nthe application who may more appropriately deal with the application.","sortOrder":1858},{"sectionNumber":"J4.4.3","sectionType":"clause","heading":"Further review of the application is not warranted.","content":"Further review of the application is not warranted.\nConducting an appeal","sortOrder":1859},{"sectionNumber":"J4.5","sectionType":"clause","heading":"Where the independent appeal member determines that an application for appeal should","content":"Where the independent appeal member determines that an application for appeal should\nproceed, the independent appeal member must conduct a procedural review on the papers\nprovided under subclause J4.3 to determine whether all of the following apply:","sortOrder":1860},{"sectionNumber":"J4.5.1","sectionType":"clause","heading":"It was open to the chief executive to take the action they did.","content":"It was open to the chief executive to take the action they did.","sortOrder":1861},{"sectionNumber":"J4.5.2","sectionType":"clause","heading":"The principles of procedural fairness and natural justice were complied with in","content":"The principles of procedural fairness and natural justice were complied with in\ntaking the original action or decision.","sortOrder":1862},{"sectionNumber":"J4.5.3","sectionType":"clause","heading":"The final decision of the chief executive, the Public Sector Standards Commissioner","content":"The final decision of the chief executive, the Public Sector Standards Commissioner\nor both was appropriate in all of the circumstances.","sortOrder":1863},{"sectionNumber":"J4.6","sectionType":"clause","heading":"Where the independent appeal member is satisfied that a fundamental piece of evidence was not","content":"Where the independent appeal member is satisfied that a fundamental piece of evidence was not\nconsidered in the original process, the independent appeal member may request that the\nConvenor refer the matter back to the chief executive, Public Sector Standards Commissioner or\nboth for further investigation.\nCanberra Institute\nof Technology\nf_p_n_124_\n© Canberra Institute of Technology Page 122 of 195 Date updated: 18/01/2024","sortOrder":1864},{"sectionNumber":"J4.7","sectionType":"clause","heading":"The chief executive or Public Sector Standards Commissioner, after considering the referral from","content":"The chief executive or Public Sector Standards Commissioner, after considering the referral from\nthe Convenor under subclause J4.6, must do one of the following:","sortOrder":1865},{"sectionNumber":"J4.7.1","sectionType":"clause","heading":"As soon as possible, arrange for a further investigation to be conducted, in line with","content":"As soon as possible, arrange for a further investigation to be conducted, in line with\nthe referral of the Convenor, and must provide any further information, evidence or\noutcomes of the further investigation to the independent appeal member in order\nthat they may complete their review.","sortOrder":1866},{"sectionNumber":"J4.7.2","sectionType":"clause","heading":"Provide written reasons to the independent appeal member, within 14 calendar days,","content":"Provide written reasons to the independent appeal member, within 14 calendar days,\nfor not accepting their referral for further investigation.","sortOrder":1867},{"sectionNumber":"J4.8","sectionType":"clause","heading":"After reviewing any application under this section, the independent appeal member must, subject","content":"After reviewing any application under this section, the independent appeal member must, subject\nto subclause J4.6, make a determination of the appeal and do one of the following:","sortOrder":1868},{"sectionNumber":"J4.9","sectionType":"clause","heading":"The independent appeal member must provide a report to the Public Sector Standards","content":"The independent appeal member must provide a report to the Public Sector Standards\nCommissioner and the chief executive which must include the determination and the reasons\nfor the determination. A copy of the report must also be provided to the appellant.","sortOrder":1869},{"sectionNumber":"J5.1","sectionType":"clause","heading":"The Territory are not liable for any costs associated with representing an appellant in these","content":"The Territory are not liable for any costs associated with representing an appellant in these\nprocedures.","sortOrder":1870},{"sectionNumber":"J6.1","sectionType":"clause","heading":"The employee, or the employee’s union or other employee representative on the employee’s","content":"The employee, or the employee’s union or other employee representative on the employee’s\nbehalf, may seek a review by the FWC of a decision under subclause J4.8.","sortOrder":1871},{"sectionNumber":"J6.2","sectionType":"clause","heading":"The FWC is empowered to resolve the matter in accordance with the powers and functions set out","content":"The FWC is empowered to resolve the matter in accordance with the powers and functions set out\nin clause F6 - of this Agreement. The decision of the FWC is binding, subject to any rights of appeal\nagainst the decision to a Full Bench in accordance with subclause F6.14.\nCanberra Institute\nof Technology\nf_p_n_125_\n© Canberra Institute of Technology Page 123 of 195 Date updated: 18/01/2024","sortOrder":1872},{"sectionNumber":"SECTION K.2","sectionType":"part","heading":"SECTION K - Appeal and Process Reviews of certain recruitment decisions","content":"SECTION K - Appeal and Process Reviews of certain recruitment decisions","sortOrder":1873},{"sectionNumber":"K1.1","sectionType":"clause","heading":"Under this section, procedures are established for officers to seek a review of recruitment","content":"Under this section, procedures are established for officers to seek a review of recruitment\nprocesses or appeal certain recruitment decisions.","sortOrder":1874},{"sectionNumber":"K1.2","sectionType":"clause","heading":"These procedures for appeals and reviews account for the principles of procedural fairness","content":"These procedures for appeals and reviews account for the principles of procedural fairness\nand natural justice in this context.","sortOrder":1875},{"sectionNumber":"K1.3","sectionType":"clause","heading":"For the purposes of this section, an action includes a decision and a refusal or failure to make","content":"For the purposes of this section, an action includes a decision and a refusal or failure to make\na decision.","sortOrder":1876},{"sectionNumber":"K1.4","sectionType":"clause","heading":"Decisions made by Joint Selection Committees in accordance with clause B4 - cannot be reviewed","content":"Decisions made by Joint Selection Committees in accordance with clause B4 - cannot be reviewed\nor appealed.","sortOrder":1877},{"sectionNumber":"K2.2","sectionType":"clause","heading":"- Appeals about Promotions and Temporary Transfer to Higher Office","content":"- Appeals about Promotions and Temporary Transfer to Higher Office","sortOrder":1878},{"sectionNumber":"K2.1","sectionType":"clause","heading":"The head of service must nominate a person, or position, to be the Convenor of Appeals (“the","content":"The head of service must nominate a person, or position, to be the Convenor of Appeals (“the\nConvenor”), which may or may not be the same person, or position, nominated under subclause\nJ1.2.","sortOrder":1879},{"sectionNumber":"K2.2.2","sectionType":"clause","heading":"This appeal mechanism applies to both the following:","content":"This appeal mechanism applies to both the following:","sortOrder":1880},{"sectionNumber":"K2.2.1","sectionType":"clause","heading":"Decisions about promotion or temporary transfer to a higher office or role (for","content":"Decisions about promotion or temporary transfer to a higher office or role (for\nperiods in excess of 6 months) affecting the officer where the officer was an applicant\nfor the position, except decisions made on the unanimous recommendation of a joint\nselection committee (see PSM Act and PSM Standards).","sortOrder":1881},{"sectionNumber":"K2.2.2.2","sectionType":"clause","heading":"Decisions to promote an officer after acting for a period of 12 months or more in a","content":"Decisions to promote an officer after acting for a period of 12 months or more in a\nposition at or below Administrative Services Officer Class 6 (or equivalent\nclassification).","sortOrder":1882},{"sectionNumber":"K2.3","sectionType":"clause","heading":"For the purposes of subclause K2.2, an appeal may only be made in relation to promotions or","content":"For the purposes of subclause K2.2, an appeal may only be made in relation to promotions or\ntemporary transfer to a higher office or role where the pay applicable is any classification with a\nmaximum pay that is less than the minimum pay of a classification equivalent to a Senior Officer\nGrade C, or unless otherwise specified in the PSM Act. For positions above Administrative Services\nOfficer Class 6 (or equivalent classification) an application may be made for a process review in\naccordance with clause K3 - of this Agreement.","sortOrder":1883},{"sectionNumber":"K2.4","sectionType":"clause","heading":"For the purposes of paragraph K2.2.2, any suitably qualified officer may appeal the decision.","content":"For the purposes of paragraph K2.2.2, any suitably qualified officer may appeal the decision.","sortOrder":1884},{"sectionNumber":"K2.5","sectionType":"clause","heading":"For appeals concerning promotion or transfer to a higher office or role under subclause K2.2, the","content":"For appeals concerning promotion or transfer to a higher office or role under subclause K2.2, the\nonly ground on which the independent appeal member can review the decision is that the\nofficer making the appeal would be more efficient in performing the duties of the position than\nthe person promoted or selected for temporary transfer.\nInitiating an appeal","sortOrder":1885},{"sectionNumber":"K2.6","sectionType":"clause","heading":"An officer (“the appellant” for the purposes of this section) or the appellant’s union or other","content":"An officer (“the appellant” for the purposes of this section) or the appellant’s union or other\nemployee representative on the appellant’s behalf, may initiate an appeal under these\nprocedures by making an application to the Convenor in accordance with all of the following:","sortOrder":1886},{"sectionNumber":"K2.6.2","sectionType":"clause","heading":"It is received by the Convenor within 14 calendar days of the decision to take the","content":"It is received by the Convenor within 14 calendar days of the decision to take the\naction being notified in the Gazette. For decisions relating to the temporary transfer\nto a higher office or role for periods in excess of 6 months that are not required to\nbe notified in the gazette, it is received by the Convenor within 14 calendar days of\nthe applicant being notified or becoming aware of the outcome of the process.\nCanberra Institute\nof Technology\nf_p_n_126_\n© Canberra Institute of Technology Page 124 of 195 Date updated: 18/01/2024","sortOrder":1887},{"sectionNumber":"K2.6.3","sectionType":"clause","heading":"It seeks to appeal an appellable decision as set out in subclause K2.2.","content":"It seeks to appeal an appellable decision as set out in subclause K2.2.","sortOrder":1888},{"sectionNumber":"K2.7","sectionType":"clause","heading":"Notwithstanding any other provisions in this section, the Convenor has the authority to dismiss","content":"Notwithstanding any other provisions in this section, the Convenor has the authority to dismiss\nan appeal if the appellant obstructs, unreasonably delays or fails to co-operate with the process.\nIndependent Appeal Members","sortOrder":1889},{"sectionNumber":"K2.8","sectionType":"clause","heading":"Where an application is received by the Convenor in accordance with the requirements set out in","content":"Where an application is received by the Convenor in accordance with the requirements set out in\nsubclause K2.6, subject to subclause K2.7 the Convenor must select a person from the approved\nlist of independent appeal members held by the Public Sector Standards Commissioner to conduct\na single member determinative appeal.\nIndependent Appeal Member Recommendations","sortOrder":1890},{"sectionNumber":"K2.9","sectionType":"clause","heading":"After reviewing an application about promotion or temporary transfer to a higher office or role","content":"After reviewing an application about promotion or temporary transfer to a higher office or role\naffecting the appellant, the independent appeal member must recommend to the chief executive\nto do one of the following with regard to the decision that is the subject of the application:","sortOrder":1891},{"sectionNumber":"K2.10","sectionType":"clause","heading":"The chief executive must inform the appellant and affected parties in writing of their decision and","content":"The chief executive must inform the appellant and affected parties in writing of their decision and\nthe reasons for the decision, within 28 calendar days.","sortOrder":1892},{"sectionNumber":"K3.1","sectionType":"clause","heading":"An officer may seek a review of the process leading up to a decision about any of the following:","content":"An officer may seek a review of the process leading up to a decision about any of the following:","sortOrder":1893},{"sectionNumber":"K3.1.1","sectionType":"clause","heading":"Decisions that another officer perform the duties of a higher office or role (with a","content":"Decisions that another officer perform the duties of a higher office or role (with a\npay less than that of a Senior Officer Grade C or equivalent classification) for\nperiods greater than 6 months if the vacancy was advertised.","sortOrder":1894},{"sectionNumber":"K3.1.2","sectionType":"clause","heading":"Decisions to promote or not promote an officer.","content":"Decisions to promote or not promote an officer.","sortOrder":1895},{"sectionNumber":"K3.1.3","sectionType":"clause","heading":"Decisions to appoint or not appoint an employee, or to engage or not engage an","content":"Decisions to appoint or not appoint an employee, or to engage or not engage an\nemployee, on a temporary contract.","sortOrder":1896},{"sectionNumber":"K3.1.4","sectionType":"clause","heading":"Decisions to transfer, or not to transfer, an employee.","content":"Decisions to transfer, or not to transfer, an employee.","sortOrder":1897},{"sectionNumber":"K3.1.5","sectionType":"clause","heading":"Decisions under the PSM Standards to promote an officer after acting for a period of","content":"Decisions under the PSM Standards to promote an officer after acting for a period of","sortOrder":1898},{"sectionNumber":"12.2","sectionType":"clause","heading":"months or more in a position above Administrative Services Officer Class 6 or","content":"months or more in a position above Administrative Services Officer Class 6 or\nequivalent classification.","sortOrder":1899},{"sectionNumber":"K3.2","sectionType":"clause","heading":"The findings of a review under this clause do not alter the outcome of the original decision, but","content":"The findings of a review under this clause do not alter the outcome of the original decision, but\nmay be used to inform similar processes conducted in the future, or address any failings on the","sortOrder":1900},{"sectionNumber":"PART OF","sectionType":"part","heading":"PART OF - employees involved in the process under review.","content":"PART OF - employees involved in the process under review.\nInitiating a review","sortOrder":1901},{"sectionNumber":"K3.3","sectionType":"clause","heading":"An officer (“the applicant” for the purposes of this section), or the applicant’s union or other","content":"An officer (“the applicant” for the purposes of this section), or the applicant’s union or other\nemployee representative on the applicant’s behalf, may initiate a review under these procedures\nby making an application to the chief executive in accordance with all of the following:","sortOrder":1902},{"sectionNumber":"K3.3.2","sectionType":"clause","heading":"It describes how the applicant believes the process was not conducted properly and","content":"It describes how the applicant believes the process was not conducted properly and\nprovides reasons for this.","sortOrder":1903},{"sectionNumber":"K3.3.3","sectionType":"clause","heading":"It is received by the chief executive within 14 calendar days of the employee being","content":"It is received by the chief executive within 14 calendar days of the employee being\nadvised of the decision, or becoming aware of the decision.\nCanberra Institute\nof Technology\nf_p_n_127_\n© Canberra Institute of Technology Page 125 of 195 Date updated: 18/01/2024","sortOrder":1904},{"sectionNumber":"K3.3.4","sectionType":"clause","heading":"It seeks to review a reviewable process as set out in subclause K3.1.","content":"It seeks to review a reviewable process as set out in subclause K3.1.\nConducting a process review","sortOrder":1905},{"sectionNumber":"K3.4","sectionType":"clause","heading":"Subject to subclause K3.3 the chief executive must arrange for an application to be reviewed by","content":"Subject to subclause K3.3 the chief executive must arrange for an application to be reviewed by\nan independent person (the reviewer) who may be one of the following:","sortOrder":1906},{"sectionNumber":"K3.4.1","sectionType":"clause","heading":"A suitably skilled person who was not involved in the original action.","content":"A suitably skilled person who was not involved in the original action.","sortOrder":1907},{"sectionNumber":"K3.4.2","sectionType":"clause","heading":"A person chosen from a panel of providers.","content":"A person chosen from a panel of providers.","sortOrder":1908},{"sectionNumber":"K3.5","sectionType":"clause","heading":"The independent reviewer must be provided with all relevant information and evidence that was","content":"The independent reviewer must be provided with all relevant information and evidence that was\navailable to the decision-maker in the making of the original decision.","sortOrder":1909},{"sectionNumber":"K3.6","sectionType":"clause","heading":"The reviewer must make an assessment whether relevant processes contained in this Agreement,","content":"The reviewer must make an assessment whether relevant processes contained in this Agreement,\nthe PSM Act and PSM Standards were followed, and to what extent.","sortOrder":1910},{"sectionNumber":"K3.7","sectionType":"clause","heading":"After reviewing the information and evidence provided under subclause K3.5, the independent","content":"After reviewing the information and evidence provided under subclause K3.5, the independent\nreviewer must provide a report to the chief executive, which does one of the following:","sortOrder":1911},{"sectionNumber":"K3.7.1","sectionType":"clause","heading":"Confirms that the process was conducted in accordance with the provisions of this","content":"Confirms that the process was conducted in accordance with the provisions of this\nAgreement, the PSM Act, and PSM Standards.","sortOrder":1912},{"sectionNumber":"K3.7.2","sectionType":"clause","heading":"Finds that there were deficiencies in the process. Such findings must be supported","content":"Finds that there were deficiencies in the process. Such findings must be supported\nby reasons and the report may include recommendations for how similar processes\nmay be conducted in future.\nCanberra Institute\nof Technology\nf_p_n_128_\n© Canberra Institute of Technology Page 126 of 195 Date updated: 18/01/2024","sortOrder":1913},{"sectionNumber":"L1.1","sectionType":"clause","heading":"Excess officer means an officer who has been notified in writing by the chief executive that","content":"Excess officer means an officer who has been notified in writing by the chief executive that\nthey are excess to CIT's requirements because one of the following applies:","sortOrder":1914},{"sectionNumber":"L1.1.1","sectionType":"clause","heading":"The officer is included in a class of officers employed in CIT, which class comprises a","content":"The officer is included in a class of officers employed in CIT, which class comprises a\ngreater number of officers than is necessary for the efficient and economical working\nof CIT.","sortOrder":1915},{"sectionNumber":"L1.1.2","sectionType":"clause","heading":"The services of the officer cannot be effectively used because of technological or","content":"The services of the officer cannot be effectively used because of technological or\nother changes in the work methods of CIT or changes in the nature, extent or\norganisation of the functions of CIT.","sortOrder":1916},{"sectionNumber":"L1.2","sectionType":"clause","heading":"Potentially excess officer means an officer who is formally notified they are likely to become an","content":"Potentially excess officer means an officer who is formally notified they are likely to become an\nexcess officer in a foreseeable space of time.","sortOrder":1917},{"sectionNumber":"L2.1","sectionType":"clause","heading":"CIT recognises the need to make the most effective use of the skills, abilities and qualifications","content":"CIT recognises the need to make the most effective use of the skills, abilities and qualifications\nof its officers in a changing environment. When positions become excess, CIT must seek to\nredeploy permanent officers within CIT or the ACTPS in order to avoid or minimise an excess\nofficer situation. Should redeployment not be possible, voluntary redundancy, reduction in\nclassification and involuntary redundancy must be considered in that order. Throughout these\nprocedures CIT must, where practicable, take into consideration the personal and career\naspirations and family responsibilities of affected officers.","sortOrder":1918},{"sectionNumber":"L3.1","sectionType":"clause","heading":"Where it appears to the chief executive that a position is likely to be either potentially excess or","content":"Where it appears to the chief executive that a position is likely to be either potentially excess or\nexcess to CIT's requirements, and prior to any individual officer(s) being identified, the chief\nexecutive must, at the earliest practicable time, advise and discuss with the union(s), the following\nissues (as appropriate in each case):","sortOrder":1919},{"sectionNumber":"L3.1.1","sectionType":"clause","heading":"The number and classification of officers in the part of CIT affected.","content":"The number and classification of officers in the part of CIT affected.","sortOrder":1920},{"sectionNumber":"L3.1.2","sectionType":"clause","heading":"The reasons an officer is or officers are likely to be excess to requirements.","content":"The reasons an officer is or officers are likely to be excess to requirements.","sortOrder":1921},{"sectionNumber":"L3.1.3","sectionType":"clause","heading":"The method of identifying officers as excess, having regard to the efficient and","content":"The method of identifying officers as excess, having regard to the efficient and\neconomical working of CIT and the relative efficiency of officers.","sortOrder":1922},{"sectionNumber":"L3.1.4","sectionType":"clause","heading":"The number, classification, location and details of the officers likely to be excess.","content":"The number, classification, location and details of the officers likely to be excess.","sortOrder":1923},{"sectionNumber":"L3.1.5","sectionType":"clause","heading":"The number and classification of officers expected to be required for the","content":"The number and classification of officers expected to be required for the\nperformance of any continuing functions in the part of CIT affected.","sortOrder":1924},{"sectionNumber":"L3.1.6","sectionType":"clause","heading":"Measures that could be taken to remove or reduce the incidence of officers","content":"Measures that could be taken to remove or reduce the incidence of officers\nbecoming excess.","sortOrder":1925},{"sectionNumber":"L3.1.7","sectionType":"clause","heading":"Redeployment prospects for the officers concerned.","content":"Redeployment prospects for the officers concerned.","sortOrder":1926},{"sectionNumber":"L3.1.8","sectionType":"clause","heading":"The appropriateness of using voluntary retirement.","content":"The appropriateness of using voluntary retirement.","sortOrder":1927},{"sectionNumber":"L3.1.9","sectionType":"clause","heading":"Whether it is appropriate for involuntary retirement to be used if necessary.","content":"Whether it is appropriate for involuntary retirement to be used if necessary.","sortOrder":1928},{"sectionNumber":"L3.2","sectionType":"clause","heading":"The discussions under subclause L3.1 must take place over such time as is reasonable, taking into","content":"The discussions under subclause L3.1 must take place over such time as is reasonable, taking into\naccount the complexity of the restructuring and need for potential excess officer situations to be\nresolved quickly and must comply with the consultation requirements of F1 -. Any use of\ninvoluntary redundancy must be agreed between the chief executive and the union(s) at this stage\nand must not be used without the written agreement of the chief executive and the union(s).\nCanberra Institute\nof Technology\nf_p_n_129_\n© Canberra Institute of Technology Page 127 of 195 Date updated: 18/01/2024","sortOrder":1929},{"sectionNumber":"L3.3","sectionType":"clause","heading":"The chief executive must comply with the notification and consultation requirements for union(s)","content":"The chief executive must comply with the notification and consultation requirements for union(s)\nand Centrelink about terminations set out in the FW Act.","sortOrder":1930},{"sectionNumber":"L3.4","sectionType":"clause","heading":"The chief executive must, at the first available opportunity, inform all officers likely to be affected","content":"The chief executive must, at the first available opportunity, inform all officers likely to be affected\nby an excess staffing situation of the terms and operation of this section.","sortOrder":1931},{"sectionNumber":"L3.5","sectionType":"clause","heading":"Where a redundancy situation affects a number of officers engaged in the same work at the","content":"Where a redundancy situation affects a number of officers engaged in the same work at the\nsame level, elections to be made voluntarily redundant may be invited.","sortOrder":1932},{"sectionNumber":"L3.6","sectionType":"clause","heading":"Nothing in this Agreement prevents the chief executive inviting officers who are not in a","content":"Nothing in this Agreement prevents the chief executive inviting officers who are not in a\nredundancy situation to express interest in voluntary redundancy, where such redundancies\nwould permit the redeployment of potentially excess and excess officers who do not wish to\naccept voluntary redundancy.","sortOrder":1933},{"sectionNumber":"L4.1","sectionType":"clause","heading":"Except where a lesser period is agreed between the chief executive and the officer, the officer","content":"Except where a lesser period is agreed between the chief executive and the officer, the officer\nmust not, within one month after the union(s) has been advised under subclause L3.1 be invited\nto volunteer for retirement nor be advised in writing in accordance with subclause L4.4 that the\nofficer is excess to CIT's requirements.\nPotentially excess officers","sortOrder":1934},{"sectionNumber":"L4.2","sectionType":"clause","heading":"At the point where individual employees can be identified, the chief executive must advise the","content":"At the point where individual employees can be identified, the chief executive must advise the\nofficer(s) that a position(s) is likely to become excess and that the employee may be affected. In\nthat advice the officer(s) must also be advised that the officer may be represented by a union or\nother employee representative at subsequent discussions. The chief executive must discuss with\nthe officer(s) and, where chosen, the union or other employee representative(s) the issues dealt\nwith in paragraphs L3.1.1through L3.1.9 (as appropriate in each case).","sortOrder":1935},{"sectionNumber":"L4.3","sectionType":"clause","heading":"Potentially excess officers who have not been invited to be voluntarily retired, or who have","content":"Potentially excess officers who have not been invited to be voluntarily retired, or who have\ndeclined to elect to be voluntarily retired, are subject to the redeployment provisions in clause\nL4.6.\nExcess officers","sortOrder":1936},{"sectionNumber":"L4.4","sectionType":"clause","heading":"Subject to subclause L4.1the notification of an officer’s excess status may only be given when","content":"Subject to subclause L4.1the notification of an officer’s excess status may only be given when\nthe consultation required under clause L3 - and the consultation required under subclause L4.2\nhas taken place. Following such consultation, where the chief executive is aware that an officer\nis excess, the chief executive must advise the officer in writing.","sortOrder":1937},{"sectionNumber":"L4.5","sectionType":"clause","heading":"An excess officer is subject to the redeployment provisions in subclause L4.6.","content":"An excess officer is subject to the redeployment provisions in subclause L4.6.","sortOrder":1938},{"sectionNumber":"L4.6","sectionType":"clause","heading":"An excess officer who is offered a voluntary redundancy, but who does not accept the offer, is","content":"An excess officer who is offered a voluntary redundancy, but who does not accept the offer, is\nentitled to a 7 month retention period in accordance with paragraph L6.10.3.","sortOrder":1939},{"sectionNumber":"L5.1","sectionType":"clause","heading":"Redeployment of potentially excess and excess officers must be in accordance with the officer’s","content":"Redeployment of potentially excess and excess officers must be in accordance with the officer’s\nexperience, ability and, as far as possible, the officer’s career aspirations and wishes.","sortOrder":1940},{"sectionNumber":"L5.2","sectionType":"clause","heading":"Once an officer has been notified that they are potentially excess or excess in accordance with","content":"Once an officer has been notified that they are potentially excess or excess in accordance with\nsubclause L4.2 and subclause L4.4 respectively, the officer must be registered by CIT on the\nredeployment register.","sortOrder":1941},{"sectionNumber":"L5.3","sectionType":"clause","heading":"The chief executive must consider a potentially excess or excess officer from other ACT Public","content":"The chief executive must consider a potentially excess or excess officer from other ACT Public\nService agencies in isolation for vacancies at the officer’s substantive level.","sortOrder":1942},{"sectionNumber":"L5.4","sectionType":"clause","heading":"An excess officer (or potentially excess) has absolute preference for transfer to positions at the","content":"An excess officer (or potentially excess) has absolute preference for transfer to positions at the\nofficer’s substantive level and must be considered in isolation from other applicants for any\nvacancy, which is to be advertised for permanent filling or for a temporary period of 6 months or\nCanberra Institute\nof Technology\nf_p_n_130_\n© Canberra Institute of Technology Page 128 of 195 Date updated: 18/01/2024\nmore, within the ACTPS. For the purposes of this clause substantive level means the same\nclassification or an alternative equivalent classification in another classification stream where\nthe maximum pay does not exceed the top increment of the officer’s current classification by\nmore than 10%. For clarity this does not allow for the transfer of an officer within the same\nclassification stream e.g a SOG B to transfer to a SOG A.","sortOrder":1943},{"sectionNumber":"L5.5","sectionType":"clause","heading":"Under this clause an excess officer must be given preference over a potentially excess officer.","content":"Under this clause an excess officer must be given preference over a potentially excess officer.","sortOrder":1944},{"sectionNumber":"L5.6","sectionType":"clause","heading":"An excess officer need only be found suitable, or suitable within a reasonable time (generally 3","content":"An excess officer need only be found suitable, or suitable within a reasonable time (generally 3\nto 6 months) to be transferred to a position in accordance with subclause L5.4.","sortOrder":1945},{"sectionNumber":"L5.7","sectionType":"clause","heading":"The chief executive must make every effort to facilitate the placement of an excess officer,","content":"The chief executive must make every effort to facilitate the placement of an excess officer,\nwithin the service.","sortOrder":1946},{"sectionNumber":"L5.8","sectionType":"clause","heading":"The chief executive must arrange reasonable training that would assist the excess officer’s","content":"The chief executive must arrange reasonable training that would assist the excess officer’s\nprospects for redeployment.","sortOrder":1947},{"sectionNumber":"L5.9","sectionType":"clause","heading":"The chief executive must provide appropriate internal assistance and career counselling and","content":"The chief executive must provide appropriate internal assistance and career counselling and\nassist as necessary with the preparation of job applications.","sortOrder":1948},{"sectionNumber":"L6.1","sectionType":"clause","heading":"Subject to subclause L4.1, at the completion of the discussions in accordance with clause L3 -, the","content":"Subject to subclause L4.1, at the completion of the discussions in accordance with clause L3 -, the\nchief executive may invite officers to elect to be made voluntarily redundant under this clause.","sortOrder":1949},{"sectionNumber":"L6.2","sectionType":"clause","heading":"Where the chief executive invites an officer to elect to be made voluntarily redundant, the officer","content":"Where the chief executive invites an officer to elect to be made voluntarily redundant, the officer\nmust be provided a consideration period of a maximum of one month from the date of the offer\nin which to advise the chief executive of the officer’s election, and the chief executive must not\ngive notice of redundancy before the end of the one month consideration period.","sortOrder":1950},{"sectionNumber":"L6.3","sectionType":"clause","heading":"To allow an officer to make an informed decision on whether to submit an election to be made","content":"To allow an officer to make an informed decision on whether to submit an election to be made\nvoluntarily redundant, the chief executive must provide the officer with advice on all of the\nfollowing:","sortOrder":1951},{"sectionNumber":"L6.3.1","sectionType":"clause","heading":"The sums of money the officer would receive by way of severance pay, pay instead","content":"The sums of money the officer would receive by way of severance pay, pay instead\nof notice, and paid up leave credits.","sortOrder":1952},{"sectionNumber":"L6.3.2","sectionType":"clause","heading":"The career transition and development opportunities within CIT.","content":"The career transition and development opportunities within CIT.","sortOrder":1953},{"sectionNumber":"L6.4","sectionType":"clause","heading":"The officer should seek independent advice on all of the following:","content":"The officer should seek independent advice on all of the following:","sortOrder":1954},{"sectionNumber":"L6.4.1","sectionType":"clause","heading":"The amount of accumulated superannuation contributions.","content":"The amount of accumulated superannuation contributions.","sortOrder":1955},{"sectionNumber":"L6.4.2","sectionType":"clause","heading":"The options open to the officer concerning superannuation.","content":"The options open to the officer concerning superannuation.","sortOrder":1956},{"sectionNumber":"L6.4.3","sectionType":"clause","heading":"The taxation rules applicable to the various payments.","content":"The taxation rules applicable to the various payments.","sortOrder":1957},{"sectionNumber":"L6.5","sectionType":"clause","heading":"CIT must supplement the costs of independent, accredited financial counselling incurred by each","content":"CIT must supplement the costs of independent, accredited financial counselling incurred by each\nofficer who has been offered voluntary redundancy up to a maximum of $1000. The chief\nexecutive must authorise the accredited financial counsellors to invoice CIT directly.","sortOrder":1958},{"sectionNumber":"L6.6","sectionType":"clause","heading":"Subject to subclause L6.7, where the chief executive approves an election to be made redundant","content":"Subject to subclause L6.7, where the chief executive approves an election to be made redundant\nand gives the notice of retirement in accordance with the PSM Act, the period of notice is one\nmonth, or 5 weeks if the officer is over 45 years old and has completed at least 2 years continuous\nservice.","sortOrder":1959},{"sectionNumber":"L6.7","sectionType":"clause","heading":"Where the chief executive so directs, or the officer so requests, the officer will be retired at any","content":"Where the chief executive so directs, or the officer so requests, the officer will be retired at any\ntime within the period of notice under subclause L6.6, and the officer must be paid in lieu of pay\nfor the unexpired portion of the notice period.\nCanberra Institute\nof Technology\nf_p_n_131_\n© Canberra Institute of Technology Page 129 of 195 Date updated: 18/01/2024\nSeverance benefit","sortOrder":1960},{"sectionNumber":"L6.8","sectionType":"clause","heading":"An officer who elects to be made redundant in accordance with this clause is entitled to be paid","content":"An officer who elects to be made redundant in accordance with this clause is entitled to be paid\nthe greater of the following amounts:","sortOrder":1961},{"sectionNumber":"L6.8.1","sectionType":"clause","heading":"An amount equal to 2 weeks of the officer’s pay for each completed year of","content":"An amount equal to 2 weeks of the officer’s pay for each completed year of\ncontinuous service, plus a pro rata payment for completed months of continuous\nservice since the last year of continuous service. The maximum sum payable under\nthis paragraph is 48 weeks’ pay.","sortOrder":1962},{"sectionNumber":"L6.8.2","sectionType":"clause","heading":"An amount equal to 26 weeks of the officer’s pay.","content":"An amount equal to 26 weeks of the officer’s pay.","sortOrder":1963},{"sectionNumber":"L6.9","sectionType":"clause","heading":"For the purpose of calculating any payment instead of notice or part payment, the pay an","content":"For the purpose of calculating any payment instead of notice or part payment, the pay an\nofficer would have received had they been on annual leave during the notice period, or the\nunexpired portion of the notice period as appropriate, is used.","sortOrder":1964},{"sectionNumber":"L6.10","sectionType":"clause","heading":"For the purpose of calculating payment under subclause L6.8 all the following apply:","content":"For the purpose of calculating payment under subclause L6.8 all the following apply:","sortOrder":1965},{"sectionNumber":"L6.10.1","sectionType":"clause","heading":"If an officer has been acting in a higher position for a continuous period of at least","content":"If an officer has been acting in a higher position for a continuous period of at least","sortOrder":1966},{"sectionNumber":"12.3","sectionType":"clause","heading":"months immediately preceding the date on which they receive a notice of","content":"months immediately preceding the date on which they receive a notice of\nretirement, the pay level is the officer’s pay in the higher position at that date.","sortOrder":1967},{"sectionNumber":"L6.10.2","sectionType":"clause","heading":"If an officer has, during 50% or more of pay periods in the 12 months immediately","content":"If an officer has, during 50% or more of pay periods in the 12 months immediately\npreceding the date on which they receive a notice of retirement, been paid a\nloading for shift-work or are paid a composite pay, the weekly average amount of\nshift loading received during that 12 month period is counted as part of \"weeks\npay\".","sortOrder":1968},{"sectionNumber":"L6.10.3","sectionType":"clause","heading":"The inclusion of other allowances, being allowances in the nature of pay, will be","content":"The inclusion of other allowances, being allowances in the nature of pay, will be\nsubject to the approval of the chief executive.","sortOrder":1969},{"sectionNumber":"L6.10.4","sectionType":"clause","heading":"Redundancy pay will be calculated on a proportionate basis where the employee has","content":"Redundancy pay will be calculated on a proportionate basis where the employee has\nworked part-time hours during the period of service and the employee has less than","sortOrder":1970},{"sectionNumber":"L7.1","sectionType":"clause","heading":"An excess officer who does not accept voluntary redundancy is entitled to a 7 month retention","content":"An excess officer who does not accept voluntary redundancy is entitled to a 7 month retention\nperiod.","sortOrder":1971},{"sectionNumber":"L7.2","sectionType":"clause","heading":"The retention period will commence on one of the following days:","content":"The retention period will commence on one of the following days:","sortOrder":1972},{"sectionNumber":"L7.2.1","sectionType":"clause","heading":"On the day the officer is advised in writing by the chief executive that the officer is","content":"On the day the officer is advised in writing by the chief executive that the officer is\nan excess officer.","sortOrder":1973},{"sectionNumber":"L7.2.2","sectionType":"clause","heading":"In the case of an officer who is invited by the chief executive to submit an election","content":"In the case of an officer who is invited by the chief executive to submit an election\nto be retired - one month after the day on which the election is invited.","sortOrder":1974},{"sectionNumber":"L7.3","sectionType":"clause","heading":"At the end of the retention period, if the officer has not been redeployed, the officer must be","content":"At the end of the retention period, if the officer has not been redeployed, the officer must be\noffered a choice of the following:","sortOrder":1975},{"sectionNumber":"L7.3.1","sectionType":"clause","heading":"A suitable vacant position at the officer’s substantive level, to be transferred to in","content":"A suitable vacant position at the officer’s substantive level, to be transferred to in\naccordance with the PSM Act.","sortOrder":1976},{"sectionNumber":"L7.3.2","sectionType":"clause","heading":"Retirement from the ACTPS with a severance payment which is the equivalent to","content":"Retirement from the ACTPS with a severance payment which is the equivalent to\nwhat the officer would have received had the officer accepted the voluntary\nredundancy, less the amount of salary that the officer received during the retention\nperiod.","sortOrder":1977},{"sectionNumber":"L7.4","sectionType":"clause","heading":"To be transferred to a suitable position in accordance with paragraph L7.3.1 an excess officer","content":"To be transferred to a suitable position in accordance with paragraph L7.3.1 an excess officer\nneed only be found suitable, or suitable within a reasonable time (generally 3 to 6 months) to be\ntransferred to the position.\nCanberra Institute\nof Technology\nf_p_n_132_\n© Canberra Institute of Technology Page 130 of 195 Date updated: 18/01/2024","sortOrder":1978},{"sectionNumber":"L8.1","sectionType":"clause","heading":"Where efforts to redeploy at level have failed and where the officer has refused the offer of","content":"Where efforts to redeploy at level have failed and where the officer has refused the offer of\nvoluntary redundancy, the chief executive with the agreement of the officer may reduce the\nofficer in classification and place the officer in a specific position.","sortOrder":1979},{"sectionNumber":"L8.2","sectionType":"clause","heading":"Reduction in classification is to occur in accordance with the PSM Act.","content":"Reduction in classification is to occur in accordance with the PSM Act.","sortOrder":1980},{"sectionNumber":"L9.1","sectionType":"clause","heading":"An excess officer may be made involuntarily redundant, subject to the agreement of the union(s).","content":"An excess officer may be made involuntarily redundant, subject to the agreement of the union(s).\nThis clause applies to excess officers who are not any of the following:","sortOrder":1981},{"sectionNumber":"L9.2","sectionType":"clause","heading":"An officer may be involuntarily retired subject to the agreement of the union(s). Such","content":"An officer may be involuntarily retired subject to the agreement of the union(s). Such\nagreement must not be withheld if, during or after 6 months from the date the officer was\ndeclared excess, the officer does one of the following:","sortOrder":1982},{"sectionNumber":"L9.2.1","sectionType":"clause","heading":"Does not accept a transfer in accordance with the PSM Act.","content":"Does not accept a transfer in accordance with the PSM Act.","sortOrder":1983},{"sectionNumber":"L9.2.2","sectionType":"clause","heading":"Refuses to apply for, or be considered for, a position for which the officer could","content":"Refuses to apply for, or be considered for, a position for which the officer could\nreasonably be expected to be qualified to perform, either immediately or in a\nreasonable time.","sortOrder":1984},{"sectionNumber":"L9.3","sectionType":"clause","heading":"Where the chief executive believes that there is insufficient productive work available for an","content":"Where the chief executive believes that there is insufficient productive work available for an\nexcess officer during the retention period, the chief executive may make the officer involuntarily\nredundant before the end of the retention period.","sortOrder":1985},{"sectionNumber":"L9.4","sectionType":"clause","heading":"An excess officer must not be involuntarily retired if they have not been invited to elect to be","content":"An excess officer must not be involuntarily retired if they have not been invited to elect to be\nvoluntarily retired with benefits, or have made such an election and the chief executive refuses to\napprove it.","sortOrder":1986},{"sectionNumber":"L9.5","sectionType":"clause","heading":"Where the chief executive involuntarily retires an excess officer, the officer must be given no less","content":"Where the chief executive involuntarily retires an excess officer, the officer must be given no less\nthan 4 weeks’ notice of the action proposed; or 5 weeks if the officer is over 45 years old and has\ncompleted at least 2 years of continuous service. This notice period must, as far as practicable, be\nconcurrent with the 7 month retention period.","sortOrder":1987},{"sectionNumber":"L10.1","sectionType":"clause","heading":"An officer who has been receiving a higher rate of pay for a continuous period of at least","content":"An officer who has been receiving a higher rate of pay for a continuous period of at least","sortOrder":1988},{"sectionNumber":"12.4","sectionType":"clause","heading":"months and who would have continued to receive that pay rate, except for the excess officer","content":"months and who would have continued to receive that pay rate, except for the excess officer\ndeclaration, must be considered to have the higher pay rate.","sortOrder":1989},{"sectionNumber":"L10.2","sectionType":"clause","heading":"This pay is known as the income maintenance pay. The income maintenance pay, where","content":"This pay is known as the income maintenance pay. The income maintenance pay, where\napplicable, is used for the calculation of all conditions and entitlements under this clause.","sortOrder":1990},{"sectionNumber":"L10.3","sectionType":"clause","heading":"The income maintenance pay exists for the retention period or the balance of the retention","content":"The income maintenance pay exists for the retention period or the balance of the retention\nperiod.","sortOrder":1991},{"sectionNumber":"L10.4","sectionType":"clause","heading":"If an officer is involuntarily retired, the entitlements, including paying out the balance of the","content":"If an officer is involuntarily retired, the entitlements, including paying out the balance of the\nretention periods, where applicable, must be calculated on the income maintenance pay rate.\nIf an officer is involuntarily retired during the retention periods the officer’s date of retirement\nis the date that the officer would have retired after the retention period ceased, not the date\nof the involuntary retirement. All final entitlements must be calculated from the latter date.","sortOrder":1992},{"sectionNumber":"L10.5","sectionType":"clause","heading":"If an officer is involuntarily reduced in classification during the retention period, the officer is","content":"If an officer is involuntarily reduced in classification during the retention period, the officer is\nentitled to be paid at the income maintenance pay rate for the balance of the retention period.\nCanberra Institute\nof Technology\nf_p_n_133_\n© Canberra Institute of Technology Page 131 of 195 Date updated: 18/01/2024","sortOrder":1993},{"sectionNumber":"L10.6","sectionType":"clause","heading":"All allowances in the nature of pay must be included in determining the income maintenance pay","content":"All allowances in the nature of pay must be included in determining the income maintenance pay\nrate.","sortOrder":1994},{"sectionNumber":"L11.1","sectionType":"clause","heading":"At any time after the officer has been advised under subclause L4.2 of being potentially excess,","content":"At any time after the officer has been advised under subclause L4.2 of being potentially excess,\nthe officer is entitled to paid leave to seek alternative employment. Leave granted under this\nclause is for periods of time to examine the job and to attend interviews. Reasonable travelling\ntime must also be granted.","sortOrder":1995},{"sectionNumber":"L11.2.2","sectionType":"clause","heading":"The officer is entitled to any reasonable fares and other incidental expenses if these are not","content":"The officer is entitled to any reasonable fares and other incidental expenses if these are not\nmet by the prospective employer.","sortOrder":1996},{"sectionNumber":"L12.1","sectionType":"clause","heading":"The use of personal leave must not extend the retention periods of an officer unless these periods","content":"The use of personal leave must not extend the retention periods of an officer unless these periods\nare supported by a medical certificate or are of such a nature as to make the seeking of\nemployment during certificated personal leave inappropriate.","sortOrder":1997},{"sectionNumber":"L12.2","sectionType":"clause","heading":"An officer who is receiving income maintenance must have those payments continued during","content":"An officer who is receiving income maintenance must have those payments continued during\ncertified personal leave periods of up to a total of 6 months.","sortOrder":1998},{"sectionNumber":"L13.1","sectionType":"clause","heading":"Without affecting the officer’s rights under the FW Act, an excess officer has the right under","content":"Without affecting the officer’s rights under the FW Act, an excess officer has the right under","sortOrder":1999},{"sectionNumber":"SECTION J.3","sectionType":"part","heading":"SECTION J - to appeal any decision taken in relation to the officer’s eligibility for benefits under","content":"SECTION J - to appeal any decision taken in relation to the officer’s eligibility for benefits under\nsubclause L4.6, L9 - and, the amount of such benefits, or the amount payable by way of income\nmaintenance under clause L10 -.","sortOrder":2000},{"sectionNumber":"L13.2","sectionType":"clause","heading":"An excess officer who received a notice of involuntary redundancy under clause L9.5 has the right","content":"An excess officer who received a notice of involuntary redundancy under clause L9.5 has the right\nunder section J to appeal the decision.","sortOrder":2001},{"sectionNumber":"L14.1","sectionType":"clause","heading":"Nothing in this Agreement prevents the reduction in classification of an officer or the","content":"Nothing in this Agreement prevents the reduction in classification of an officer or the\nretirement of an officer as a result of action relating to discipline, invalidity, inefficiency or loss\nof essential qualifications.","sortOrder":2002},{"sectionNumber":"L15.2","sectionType":"clause","heading":"- Re-engagement of Previously Retrenched Officers","content":"- Re-engagement of Previously Retrenched Officers","sortOrder":2003},{"sectionNumber":"L15.1","sectionType":"clause","heading":"Despite the PSM Act, officers who are involuntarily retired from the ACTPS can be engaged at","content":"Despite the PSM Act, officers who are involuntarily retired from the ACTPS can be engaged at\nany time by the chief executive.","sortOrder":2004},{"sectionNumber":"L15.2.2","sectionType":"clause","heading":"Officers who elect to be made voluntarily redundant under L6 - cannot be re-engaged in CIT until","content":"Officers who elect to be made voluntarily redundant under L6 - cannot be re-engaged in CIT until\na period has expired, which is equivalent in weeks and days to the termination payment\nreceived under subclause L6.8 or paragraph L7.3.2, except with the written consent of the chief\nexecutive.\nCanberra Institute\nof Technology\nf_p_n_134_\n© Canberra Institute of Technology Page 132 of 195 Date updated: 18/01/2024","sortOrder":2005},{"sectionNumber":"M1.1","sectionType":"clause","heading":"Section M applies exclusively to CIT employees engaged in a classification in Annex A.","content":"Section M applies exclusively to CIT employees engaged in a classification in Annex A.","sortOrder":2006},{"sectionNumber":"M1.2","sectionType":"clause","heading":"The following ACTPS common terms and conditions do not apply to CIT employees engaged in a","content":"The following ACTPS common terms and conditions do not apply to CIT employees engaged in a\nclassification in Annex A:","sortOrder":2007},{"sectionNumber":"M2.1","sectionType":"clause","heading":"In filling a temporary vacancy for a period of 6 months or longer the Chief Executive will give","content":"In filling a temporary vacancy for a period of 6 months or longer the Chief Executive will give\npreference to permanent employees, provided that they are at least as suitable for the vacancy\nas other candidates. In determining suitability for temporary performance of duties the Chief\nExecutive will have regard to merit and the career development of permanent employees.","sortOrder":2008},{"sectionNumber":"M2.2","sectionType":"clause","heading":"Despite section 100 of the Public Sector Management Act 1994, both permanent and temporary","content":"Despite section 100 of the Public Sector Management Act 1994, both permanent and temporary\nemployees may be directed for temporary transfer (at level or higher duties).","sortOrder":2009},{"sectionNumber":"M2.3","sectionType":"clause","heading":"If a temporary employee is selected for temporary transfer, the direction will not extend past","content":"If a temporary employee is selected for temporary transfer, the direction will not extend past\nthe termination date of the employee’s existing temporary contract.","sortOrder":2010},{"sectionNumber":"M3.1","sectionType":"clause","heading":"Notwithstanding clause C5 -, increment advancement of Educator Level 1 employees is subject","content":"Notwithstanding clause C5 -, increment advancement of Educator Level 1 employees is subject\nto qualification requirements set out at clause M10 -.","sortOrder":2011},{"sectionNumber":"M3.2","sectionType":"clause","heading":"Despite subclause C5.5, an employee’s increment will be deferred by one day for every calendar","content":"Despite subclause C5.5, an employee’s increment will be deferred by one day for every calendar\nday of unauthorised absence or leave without pay that does not count as service.","sortOrder":2012},{"sectionNumber":"M4.1","sectionType":"clause","heading":"To ensure paragraph B24.3.5 is adequately considered, home based work arrangements will only","content":"To ensure paragraph B24.3.5 is adequately considered, home based work arrangements will only\nbe approved where a Work Health and Safety (WHS) assessment is conducted on the proposed\nworksite.","sortOrder":2013},{"sectionNumber":"M4.2","sectionType":"clause","heading":"A WHS assessment under this clause may, as determined by the Chief Executive, be conducted","content":"A WHS assessment under this clause may, as determined by the Chief Executive, be conducted\nby either:","sortOrder":2014},{"sectionNumber":"M4.2.1","sectionType":"clause","heading":"The employee via a recognised self-assessment tool provided by CIT.","content":"The employee via a recognised self-assessment tool provided by CIT.","sortOrder":2015},{"sectionNumber":"M4.2.2","sectionType":"clause","heading":"A suitably qualified/authorised CIT employee.","content":"A suitably qualified/authorised CIT employee.\nCanberra Institute\nof Technology\nf_p_n_135_\n© Canberra Institute of Technology Page 133 of 195 Date updated: 18/01/2024","sortOrder":2016},{"sectionNumber":"M4.2.3","sectionType":"clause","heading":"A suitably qualified/authorised external entity.","content":"A suitably qualified/authorised external entity.","sortOrder":2017},{"sectionNumber":"M4.3","sectionType":"clause","heading":"To ensure WHS practices are maintained throughout a home based work arrangement a WHS","content":"To ensure WHS practices are maintained throughout a home based work arrangement a WHS\nassessment may also be required at any time during the arrangement. This may include a\nworksite inspection by CIT, with reasonable notice and the prior agreement of the employee.","sortOrder":2018},{"sectionNumber":"M4.4","sectionType":"clause","heading":"In addition to the capacity to terminate arrangements provided at subclause B24.4, home-based","content":"In addition to the capacity to terminate arrangements provided at subclause B24.4, home-based\nwork arrangements may also be terminated by the Chief Executive as a result of an\nunsatisfactory WHS assessment, or where a worksite inspection is not agreed.","sortOrder":2019},{"sectionNumber":"M5.1","sectionType":"clause","heading":"CIT commits to Workplace Health and Safety (WH&S) and the Injury Management of all","content":"CIT commits to Workplace Health and Safety (WH&S) and the Injury Management of all\nemployees by:","sortOrder":2020},{"sectionNumber":"M5.1.1","sectionType":"clause","heading":"Providing appropriate access to time, as determined by CIT, for Workplace Health and","content":"Providing appropriate access to time, as determined by CIT, for Workplace Health and\nSafety representatives to perform their duties.","sortOrder":2021},{"sectionNumber":"M5.1.2","sectionType":"clause","heading":"Monitoring WH&S issues and making available budget funding for health and","content":"Monitoring WH&S issues and making available budget funding for health and\nwellbeing activities which address prevailing WH&S issues including, for example, but\nnot limited to:","sortOrder":2022},{"sectionNumber":"M5.1.2.2","sectionType":"clause","heading":"(b) preventative measures such as ergonomic assessment of workstations","content":"(b) preventative measures such as ergonomic assessment of workstations\nand preventative exercise and relaxation techniques to minimise risk of\nmusculoskeletal and stress related injuries within the workplace.","sortOrder":2023},{"sectionNumber":"M5.1.2.3","sectionType":"clause","heading":"(c) activities to encourage greater physical activity.","content":"(c) activities to encourage greater physical activity.","sortOrder":2024},{"sectionNumber":"M5.1.3","sectionType":"clause","heading":"Making available annual non-mandatory influenza vaccinations to all employees. CIT","content":"Making available annual non-mandatory influenza vaccinations to all employees. CIT\nmay also provide immunisation or therapy against other contagions as appropriate.\nCIT will consider requests from employees for such therapy.","sortOrder":2025},{"sectionNumber":"M5.1.4","sectionType":"clause","heading":"Providing access to specialist critical incident stress debriefing to employees and their","content":"Providing access to specialist critical incident stress debriefing to employees and their\nimmediate family as required further to the commitment of providing Employee\nAssistance Program services under clause B25 -.","sortOrder":2026},{"sectionNumber":"M5.1.5","sectionType":"clause","heading":"Making available return to work opportunities for all ill and injured employees,","content":"Making available return to work opportunities for all ill and injured employees,\nconsistent with its legal and moral obligations.","sortOrder":2027},{"sectionNumber":"M5.2","sectionType":"clause","heading":"CIT recognises the importance of minimising workplace stress and ensuring that its staff","content":"CIT recognises the importance of minimising workplace stress and ensuring that its staff\nmaintain good mental health and wellbeing. In line with legislated WHS duties, this is a shared\nresponsibility between CIT and employees. CIT will work collaboratively with employees at all\nlevels to support a positive workplace culture.","sortOrder":2028},{"sectionNumber":"M5.3","sectionType":"clause","heading":"CIT acknowledges that health is not only the absence of illness, but a situation of physical,","content":"CIT acknowledges that health is not only the absence of illness, but a situation of physical,\nmental and social wellbeing. In addition to Employee Assistance Program services under clause","sortOrder":2029},{"sectionNumber":"M5.3.1","sectionType":"clause","heading":"Individually tailored support packages as required.","content":"Individually tailored support packages as required.","sortOrder":2030},{"sectionNumber":"M5.3.2","sectionType":"clause","heading":"Reasonable adjustment to work practices in line with ACTPS policy.","content":"Reasonable adjustment to work practices in line with ACTPS policy.","sortOrder":2031},{"sectionNumber":"M5.3.3","sectionType":"clause","heading":"Quick access to a variety of external support services via the Staff Information Site","content":"Quick access to a variety of external support services via the Staff Information Site\n(SIS).","sortOrder":2032},{"sectionNumber":"M5.3.4","sectionType":"clause","heading":"Access to Mental Health Awareness training.","content":"Access to Mental Health Awareness training.","sortOrder":2033},{"sectionNumber":"M5.3.5","sectionType":"clause","heading":"Access to Mental Health First Aid training.","content":"Access to Mental Health First Aid training.","sortOrder":2034},{"sectionNumber":"M5.3.6","sectionType":"clause","heading":"Access to psychological services through ACTPS Shared Services initiatives.","content":"Access to psychological services through ACTPS Shared Services initiatives.\nCanberra Institute\nof Technology\nf_p_n_136_\n© Canberra Institute of Technology Page 134 of 195 Date updated: 18/01/2024","sortOrder":2035},{"sectionNumber":"M5.3.7","sectionType":"clause","heading":"Other services as provided by CIT from time to time.","content":"Other services as provided by CIT from time to time.","sortOrder":2036},{"sectionNumber":"M6.1","sectionType":"clause","heading":"Employees may be granted minimum long service leave periods of one day, which may or may","content":"Employees may be granted minimum long service leave periods of one day, which may or may\nnot be taken consecutively, if requested. Each day taken will be deducted at a rate of 1:1 and\nthis can be taken on double, full or half pay with credits to be deducted on the same basis.","sortOrder":2037},{"sectionNumber":"M6.2","sectionType":"clause","heading":"For absences on long service leave of less than 5 consecutive working days, any public holiday,","content":"For absences on long service leave of less than 5 consecutive working days, any public holiday,\nSaturday and Sunday immediately preceding, immediately following and/or during this long\nservice leave will not be debited from the long service leave credit.","sortOrder":2038},{"sectionNumber":"M7.2","sectionType":"clause","heading":"- Conversion of Part-Time Long Service Leave Credits","content":"- Conversion of Part-Time Long Service Leave Credits","sortOrder":2039},{"sectionNumber":"M7.1","sectionType":"clause","heading":"Full-time employees may elect to convert previously accrued part-time long service leave credits","content":"Full-time employees may elect to convert previously accrued part-time long service leave credits\nto equivalent full-time long service leave credits.","sortOrder":2040},{"sectionNumber":"M8.1","sectionType":"clause","heading":"All permanent and temporary employees will observe a two-week Christmas shutdown period","content":"All permanent and temporary employees will observe a two-week Christmas shutdown period\nas advised in the CIT Teaching Calendar.","sortOrder":2041},{"sectionNumber":"M8.2","sectionType":"clause","heading":"Only those employees who are directed or rostered to work during this period may attend for","content":"Only those employees who are directed or rostered to work during this period may attend for\nwork over the Christmas shutdown period.","sortOrder":2042},{"sectionNumber":"M8.3","sectionType":"clause","heading":"Payment for Christmas shutdown will normally be at full pay unless the employee is on leave","content":"Payment for Christmas shutdown will normally be at full pay unless the employee is on leave\nimmediately before and after the shutdown period in which case the following will occur:","sortOrder":2043},{"sectionNumber":"M8.3.1","sectionType":"clause","heading":"Where an employee is on annual leave or personal leave at full pay, payment for the","content":"Where an employee is on annual leave or personal leave at full pay, payment for the\nshutdown will be at full pay, with no deduction of personal or annual leave credits.","sortOrder":2044},{"sectionNumber":"M8.3.2","sectionType":"clause","heading":"Where an employee is on annual or personal leave at half pay, payment for shutdown","content":"Where an employee is on annual or personal leave at half pay, payment for shutdown\nwill be at full pay with no deduction of personal or annual leave credits.","sortOrder":2045},{"sectionNumber":"M8.3.3","sectionType":"clause","heading":"Where an employee is on other forms of leave, payment for shutdown will be based","content":"Where an employee is on other forms of leave, payment for shutdown will be based\non the rate of pay for which the leave has been approved e.g. full pay, half pay or\nwithout pay. Leave entitlements will be deducted for the shutdown period in these\ncircumstances.","sortOrder":2046},{"sectionNumber":"M8.4","sectionType":"clause","heading":"An employee who is required to work normal duty during the shutdown period will access that","content":"An employee who is required to work normal duty during the shutdown period will access that\ntime in lieu, at a mutually convenient time as negotiated with the employee’s\nsupervisor/manager, but generally not later than the end of February; and","sortOrder":2047},{"sectionNumber":"M8.5","sectionType":"clause","heading":"In approaching employees to work during the shutdown period supervisors/managers will","content":"In approaching employees to work during the shutdown period supervisors/managers will\nendeavour to give employees reasonable notice and have regard to the personal circumstances\nof employees.","sortOrder":2048},{"sectionNumber":"M8.6","sectionType":"clause","heading":"Christmas shutdown absence counts as service for all purposes.","content":"Christmas shutdown absence counts as service for all purposes.","sortOrder":2049},{"sectionNumber":"M9.1","sectionType":"clause","heading":"The Overseas Commercial Allowance (OsCA) applies to employees who are undertaking","content":"The Overseas Commercial Allowance (OsCA) applies to employees who are undertaking\ncommercial work or activities associated with procuring and managing contestable business for\nCIT on site overseas.","sortOrder":2050},{"sectionNumber":"M9.2","sectionType":"clause","heading":"The rate of the allowance is $85 gross payment, per day and will not be adjusted for the life of","content":"The rate of the allowance is $85 gross payment, per day and will not be adjusted for the life of\nthe agreement.","sortOrder":2051},{"sectionNumber":"M9.3","sectionType":"clause","heading":"The employee will be entitled to receive the allowance for the duration of the overseas project,","content":"The employee will be entitled to receive the allowance for the duration of the overseas project,\nwhile performing duties as mentioned in subclause M9.1.\nCanberra Institute\nof Technology\nf_p_n_137_\n© Canberra Institute of Technology Page 135 of 195 Date updated: 18/01/2024","sortOrder":2052},{"sectionNumber":"M9.4","sectionType":"clause","heading":"The maximum approvable duration for the allowance will be three months from the date of its","content":"The maximum approvable duration for the allowance will be three months from the date of its\ncommencement.","sortOrder":2053},{"sectionNumber":"M9.5","sectionType":"clause","heading":"Approval of payment for the allowance must be given prior to the employee travelling overseas.","content":"Approval of payment for the allowance must be given prior to the employee travelling overseas.","sortOrder":2054},{"sectionNumber":"M9.6","sectionType":"clause","heading":"Once approved, the allowance will be paid for each calendar day, including weekends and travel","content":"Once approved, the allowance will be paid for each calendar day, including weekends and travel\ndays, to and from the destination of the commercial activity, except for approved periods of\nleave, other than Personal Leave as mentioned in subclause M9.7 below.","sortOrder":2055},{"sectionNumber":"M9.7","sectionType":"clause","heading":"The employee will be entitled to receive the allowance during periods of approved Personal","content":"The employee will be entitled to receive the allowance during periods of approved Personal\nLeave, where the leave is due to illness or injury sustained during the period of the overseas\nproject.","sortOrder":2056},{"sectionNumber":"M9.8","sectionType":"clause","heading":"The allowance is payable in addition to the current meals and incidentals reimbursement","content":"The allowance is payable in addition to the current meals and incidentals reimbursement\nprocess that applies for CIT employees, including that provided at clause B27 -.","sortOrder":2057},{"sectionNumber":"M9.9","sectionType":"clause","heading":"The allowance is classified as ‘taxable income’ for taxation purposes.","content":"The allowance is classified as ‘taxable income’ for taxation purposes.","sortOrder":2058},{"sectionNumber":"M9.10","sectionType":"clause","heading":"Subject to subclause M9.11, employees performing duties as described in subclause M9.1 will","content":"Subject to subclause M9.11, employees performing duties as described in subclause M9.1 will\nremain employees of CIT for the duration of the overseas project and retain full rights and\nresponsibilities of employment under this Agreement.","sortOrder":2059},{"sectionNumber":"M9.11","sectionType":"clause","heading":"While the employee is performing work as specified under subclause M9.1, the employee’s","content":"While the employee is performing work as specified under subclause M9.1, the employee’s\nconditions of employment may be amended to suit the business needs of the overseas project.\nWhere this is the case, any variation to the employment conditions will be specified in a written\nagreement between the employee and the Chief Executive.","sortOrder":2060},{"sectionNumber":"M10.1","sectionType":"clause","heading":"CIT is focussed on high quality teaching and adheres to the requirements set by the Australian","content":"CIT is focussed on high quality teaching and adheres to the requirements set by the Australian\nSkills Quality Authority (ASQA), and in the case of higher education, the Tertiary Education\nQuality and Standards Agency (TEQSA). This clause sets the qualification requirements for each\nemployee engaged by CIT to perform training and/or assessment, (as defined by the Standards\nfor Registered Training Organisations (RTOs) 2015 (or its successor)), assessment validation\nand/or to supervise other employees as a result of this clause.","sortOrder":2061},{"sectionNumber":"M10.2.1","sectionType":"clause","heading":"hold a Training and Assessment Certificate IV level qualification (such as a TAE40116","content":"hold a Training and Assessment Certificate IV level qualification (such as a TAE40116\nor equivalent); or","sortOrder":2062},{"sectionNumber":"M10.2.2","sectionType":"clause","heading":"where the full qualification is not held, hold as a minimum prior to employment,","content":"where the full qualification is not held, hold as a minimum prior to employment,\nqualifications required by the Standards for RTOs; and","sortOrder":2063},{"sectionNumber":"M10.2.3","sectionType":"clause","heading":"complete the full qualification within 12 months of their initial engagement as a","content":"complete the full qualification within 12 months of their initial engagement as a\ncasual employee under this Agreement and be supervised by a suitably qualified\nperson.","sortOrder":2064},{"sectionNumber":"M10.3","sectionType":"clause","heading":"Where a casual employee fails to obtain a Training and Assessment Certificate IV level","content":"Where a casual employee fails to obtain a Training and Assessment Certificate IV level\nqualification (such as a TAE40116 or equivalent), as required by subclause M10.2, they will be\nineligible to be selected for future engagements (supervised or otherwise) until they have met\nthe full qualification requirements.","sortOrder":2065},{"sectionNumber":"M10.3.1","sectionType":"clause","heading":"A manager may apply to the Chief Executive for an extension under this subclause","content":"A manager may apply to the Chief Executive for an extension under this subclause\nwhere exceptional circumstances have prevented the casual employee from obtaining\nthe required qualification. Applications for extensions must be submitted prior to the\nallotted 12-month period coming to an end.","sortOrder":2066},{"sectionNumber":"M10.4","sectionType":"clause","heading":"All new employees at engaged at or below Educator Level 1.2 with Vocational Education and","content":"All new employees at engaged at or below Educator Level 1.2 with Vocational Education and\nTraining (VET) responsibilities must:\nCanberra Institute\nof Technology\nf_p_n_138_\n© Canberra Institute of Technology Page 136 of 195 Date updated: 18/01/2024","sortOrder":2067},{"sectionNumber":"M10.4.1","sectionType":"clause","heading":"hold a Training and Assessment Certificate IV level qualification (such as a TAE40116","content":"hold a Training and Assessment Certificate IV level qualification (such as a TAE40116\nor equivalent); or","sortOrder":2068},{"sectionNumber":"M10.4.2","sectionType":"clause","heading":"where the full qualification is not held, hold as a minimum prior to employment as an","content":"where the full qualification is not held, hold as a minimum prior to employment as an\nemployee in any form, qualifications as required by the Standards for RTOs; and","sortOrder":2069},{"sectionNumber":"M10.4.3","sectionType":"clause","heading":"complete the full qualification within 12 months of engagement and be supervised by","content":"complete the full qualification within 12 months of engagement and be supervised by\na suitably qualified person.","sortOrder":2070},{"sectionNumber":"M10.5","sectionType":"clause","heading":"Notwithstanding provisions of the Public Sector Management Act 1994 that deal with the loss of","content":"Notwithstanding provisions of the Public Sector Management Act 1994 that deal with the loss of\nan essential qualification, or being an eligible person, where any employee fails to successfully\ncomplete the Training and Assessment Certificate IV level qualification (such as a TAE40116 or\nequivalent), as required under subclause M10.4, their employment with CIT will be ceased under\nthis clause in accordance with clause B10 -.","sortOrder":2071},{"sectionNumber":"M10.5.1","sectionType":"clause","heading":"Following a written request to the Chief Executive, supported by the relevant College","content":"Following a written request to the Chief Executive, supported by the relevant College\nDirector, additional time to complete may be approved by the delegate. Written\nrequests must be received and considered no later than one month from the\nemployee’s first anniversary date.","sortOrder":2072},{"sectionNumber":"M10.5.2","sectionType":"clause","heading":"Where the Chief Executive has accepted the extenuating circumstances, further","content":"Where the Chief Executive has accepted the extenuating circumstances, further\nincremental advancement in line with clause C5 - will not occur (or be paid) until the\ndate the employee has achieved the required qualification and has had it recognised\nby the delegate.","sortOrder":2073},{"sectionNumber":"M10.6","sectionType":"clause","heading":"CIT Managers are prohibited from re-engaging any individual, in any teaching capacity (under","content":"CIT Managers are prohibited from re-engaging any individual, in any teaching capacity (under\nsupervision or otherwise), where that individual had been previously employed by CIT and\naccessed the full period provided at subclause M10.2 or M10.4 above, unless that individual\nholds the full required qualification prior to their engagement.","sortOrder":2074},{"sectionNumber":"M10.7","sectionType":"clause","heading":"All existing employees, permanent and temporary at the commencement of this Agreement,","content":"All existing employees, permanent and temporary at the commencement of this Agreement,\nwho do not hold a Training and Assessment Certificate IV level qualification (such as a TAE40116\nor equivalent) will, despite clause C5 -, remain at their current increment level until such time as\nthey complete the full qualification.","sortOrder":2075},{"sectionNumber":"M10.7.1","sectionType":"clause","heading":"Employees subject to this subclause will be supervised according to the Standards for","content":"Employees subject to this subclause will be supervised according to the Standards for\nRTOs for the duration of their unqualified engagement with CIT.","sortOrder":2076},{"sectionNumber":"M10.7.2","sectionType":"clause","heading":"Once a qualification has been fully achieved, employees will continue to increment","content":"Once a qualification has been fully achieved, employees will continue to increment\naccording to clause C5 -. Employees will not be entitled to skip increments in any way\nas a result of this subclause.","sortOrder":2077},{"sectionNumber":"M10.8","sectionType":"clause","heading":"All employees at Educator Level 1.3 to the Head of Department Level must hold a full Training","content":"All employees at Educator Level 1.3 to the Head of Department Level must hold a full Training\nand Assessment Certificate IV level qualification (such as a TAE40116 or equivalent) and a\nDiploma of Vocational Education and Training (or equivalent).","sortOrder":2078},{"sectionNumber":"M10.9","sectionType":"clause","heading":"CIT and the union recognise that for the College Director or the Senior Education Leader","content":"CIT and the union recognise that for the College Director or the Senior Education Leader\nclassification levels, performance is less about the provision of training and more specifically\ntargeted to the strategic management of CIT and its primary business areas. With this\nacknowledged, it is desirable for individuals engaged at these levels to hold higher level adult\nlearning and development qualifications, as well as leadership and management, business or\ncommerce related bachelor level qualifications and/or relevant industry specialisations.","sortOrder":2079},{"sectionNumber":"M10.10","sectionType":"clause","heading":"All employees at Educator Level 1 or Level 2 are required to have relevant industry experience","content":"All employees at Educator Level 1 or Level 2 are required to have relevant industry experience\nand vocational qualifications equal to that being taught, or as specified in the applicable training\npackage or accredited curriculum specifications.\nCanberra Institute\nof Technology\nf_p_n_139_\n© Canberra Institute of Technology Page 137 of 195 Date updated: 18/01/2024","sortOrder":2080},{"sectionNumber":"M10.10.1","sectionType":"clause","heading":"Where a need exists, CIT may, after consulting with the union, temporarily place an","content":"Where a need exists, CIT may, after consulting with the union, temporarily place an\nemployee without the required industry experience and vocational qualifications, in a\nEducator Level 2 position to fulfill the specific need.","sortOrder":2081},{"sectionNumber":"M10.11","sectionType":"clause","heading":"For managers at or above Head of Department - Level 1:","content":"For managers at or above Head of Department - Level 1:","sortOrder":2082},{"sectionNumber":"M10.11.1","sectionType":"clause","heading":"Vocational qualifications are highly desirable; however, where managers engage in","content":"Vocational qualifications are highly desirable; however, where managers engage in\ndirect teaching activity (anywhere within CIT) subclause M10.10 will also apply to\nthem, as it relates to the teaching activity; and","sortOrder":2083},{"sectionNumber":"M10.11.2","sectionType":"clause","heading":"Industry experience is highly desirable (although this does not have to be in the","content":"Industry experience is highly desirable (although this does not have to be in the\ndisciplines being supervised).","sortOrder":2084},{"sectionNumber":"M10.12","sectionType":"clause","heading":"In relation to Higher Education programs, all employees are required to hold qualifications at a","content":"In relation to Higher Education programs, all employees are required to hold qualifications at a\nhigher level to the qualification being taught. Employees will be encouraged and supported\nthrough the Qualifications and Skills Achievement Fund to obtain the required qualifications.","sortOrder":2085},{"sectionNumber":"M10.13","sectionType":"clause","heading":"An employee at the Educator Level 1 classification who teaches Higher Education, but does not","content":"An employee at the Educator Level 1 classification who teaches Higher Education, but does not\nparticipate in VET as regulated by ASQA, will not be required to hold qualifications other than\nthose required by subclause M10.12. Should VET be undertaken, clause M10 will apply in its\nentirety.","sortOrder":2086},{"sectionNumber":"M10.14","sectionType":"clause","heading":"An employee at the Educator Level 1 classification (or above) teaching and/or managing within","content":"An employee at the Educator Level 1 classification (or above) teaching and/or managing within\nthe Year 12 program, who does not participate in VET as regulated by ASQA, will not be required\nto hold qualifications other than those required by the ACT Board of Senior Secondary Studies\n(BSSS). Should VET be undertaken, clause M10 qualification requirements will apply in their\nentirety.","sortOrder":2087},{"sectionNumber":"M11.1","sectionType":"clause","heading":"For all permanent, temporary and sessional employees, CIT will offer internally the required","content":"For all permanent, temporary and sessional employees, CIT will offer internally the required\nqualifications defined at clause M10 - of this Agreement free of charge.","sortOrder":2088},{"sectionNumber":"M11.2","sectionType":"clause","heading":"For all permanent and temporary employees on a contract of 3 years or more, a reduction of up","content":"For all permanent and temporary employees on a contract of 3 years or more, a reduction of up\nto 150 hours in allocated annual teaching load will be available for the attainment of adult\nlearning and development qualifications appropriate and acceptable to CIT.","sortOrder":2089},{"sectionNumber":"M11.3","sectionType":"clause","heading":"Reductions in allocated annual teaching load provided above will:","content":"Reductions in allocated annual teaching load provided above will:","sortOrder":2090},{"sectionNumber":"M11.3.1","sectionType":"clause","heading":"be distributed according to applicable CIT policy;","content":"be distributed according to applicable CIT policy;","sortOrder":2091},{"sectionNumber":"M11.3.2","sectionType":"clause","heading":"incorporate the annual 38 hour reduction in allocated annual teaching load for","content":"incorporate the annual 38 hour reduction in allocated annual teaching load for\nlearning and development as set out in clause M28 -;","sortOrder":2092},{"sectionNumber":"M11.3.3","sectionType":"clause","heading":"will be lessened, if necessary, to match the number of completed nominal hours in","content":"will be lessened, if necessary, to match the number of completed nominal hours in\nwhich the employee is enrolled; and","sortOrder":2093},{"sectionNumber":"M11.4","sectionType":"clause","heading":"In the case of temporary employees on contracts of less than 3 years, any reduction will be","content":"In the case of temporary employees on contracts of less than 3 years, any reduction will be\napproved by the relevant College Director in consultation with the Head of Department and the\nemployee. If the temporary employee is subsequently made permanent, the department will be\nentitled to the balance up to the 150 hours provided above.","sortOrder":2094},{"sectionNumber":"M12.1","sectionType":"clause","heading":"The Senior Education Leader classification will be used within CIT for cross-CIT positions or","content":"The Senior Education Leader classification will be used within CIT for cross-CIT positions or\nprojects as identified by the Chief Executive.","sortOrder":2095},{"sectionNumber":"M12.2","sectionType":"clause","heading":"The Senior Education Leader classification will be implemented under the following","content":"The Senior Education Leader classification will be implemented under the following\narrangements:","sortOrder":2096},{"sectionNumber":"M12.2.1","sectionType":"clause","heading":"short or long-term temporary employment;","content":"short or long-term temporary employment;\nCanberra Institute\nof Technology\nf_p_n_140_\n© Canberra Institute of Technology Page 138 of 195 Date updated: 18/01/2024","sortOrder":2097},{"sectionNumber":"M12.2.2","sectionType":"clause","heading":"the selection processes associated with long-term temporary employment will apply;","content":"the selection processes associated with long-term temporary employment will apply;","sortOrder":2098},{"sectionNumber":"M12.2.3","sectionType":"clause","heading":"Where an existing permanent or temporary employee has been employed as a Senior","content":"Where an existing permanent or temporary employee has been employed as a Senior\nEducation Leader, they will revert to the teaching classification that they previously\nheld on expiry of the Senior Education Leader role.","sortOrder":2099},{"sectionNumber":"M12.3","sectionType":"clause","heading":"Rates of pay applicable to staff in a Senior Education Leader position are as outlined in Annex A.","content":"Rates of pay applicable to staff in a Senior Education Leader position are as outlined in Annex A.","sortOrder":2100},{"sectionNumber":"M13.2","sectionType":"clause","heading":"- Sessional (Temporary/Fixed-term) Employment Arrangements","content":"- Sessional (Temporary/Fixed-term) Employment Arrangements","sortOrder":2101},{"sectionNumber":"M13.1","sectionType":"clause","heading":"Notwithstanding clause B2 -, a person may also be engaged in the sessional category in line with","content":"Notwithstanding clause B2 -, a person may also be engaged in the sessional category in line with\nthis clause.","sortOrder":2102},{"sectionNumber":"M13.2.2","sectionType":"clause","heading":"Employees engaged under a sessional employment arrangement will be engaged under contract","content":"Employees engaged under a sessional employment arrangement will be engaged under contract\nto perform activities defined by subclause M20.1 and, as generally completed outside the\nrequired direct teaching hours, the performance of the following duties, specifically related to\ndirect teaching activities and the students involved:","sortOrder":2103},{"sectionNumber":"M13.2.1","sectionType":"clause","heading":"The preparation of teaching materials/courses;","content":"The preparation of teaching materials/courses;","sortOrder":2104},{"sectionNumber":"M13.2.2.2","sectionType":"clause","heading":"The marking of assessment items outside of delivery times;","content":"The marking of assessment items outside of delivery times;","sortOrder":2105},{"sectionNumber":"M13.2.4","sectionType":"clause","heading":"Student related administrative tasks (e.g. Student enquiries, recording results in","content":"Student related administrative tasks (e.g. Student enquiries, recording results in\nBanner etc.) for students taught by the sessional employee.","sortOrder":2106},{"sectionNumber":"M13.3","sectionType":"clause","heading":"Notwithstanding part-time pro-rata arrangements relating to teaching hours, or the 24-hour","content":"Notwithstanding part-time pro-rata arrangements relating to teaching hours, or the 24-hour\nlimit provided at subclause M40.7, a sessional employee engaged for direct teaching hours will\nbe contracted with an additional 30 minutes for each hour of teaching to perform the associated\ntasks defined above.","sortOrder":2107},{"sectionNumber":"M13.3.1","sectionType":"clause","heading":"A sessional employee may do a maximum of 24.5 teaching hours per week (in line","content":"A sessional employee may do a maximum of 24.5 teaching hours per week (in line\nwith the maximum annual teaching load defined at clause M18 -) to complete their\nattendance requirement of 36.75 hours.","sortOrder":2108},{"sectionNumber":"M13.4","sectionType":"clause","heading":"Sessional employees will be entitled to all salary and conditions of service consistent with those","content":"Sessional employees will be entitled to all salary and conditions of service consistent with those\nof a fixed-term temporary employee, except that:","sortOrder":2109},{"sectionNumber":"M13.4.1","sectionType":"clause","heading":"Sessional employees have a contract that identifies periods where they are on unpaid","content":"Sessional employees have a contract that identifies periods where they are on unpaid\nstand down;","sortOrder":2110},{"sectionNumber":"M13.4.2","sectionType":"clause","heading":"Unpaid stand down will not count as service for personal and annual leave but will not","content":"Unpaid stand down will not count as service for personal and annual leave but will not\nbreak continuity of service for any purpose;","sortOrder":2111},{"sectionNumber":"M13.4.3","sectionType":"clause","heading":"Unpaid stand down will occur during periods normally associated with non-teaching","content":"Unpaid stand down will occur during periods normally associated with non-teaching\nperiods; and","sortOrder":2112},{"sectionNumber":"M13.4.4","sectionType":"clause","heading":"Sessional employees will not be entitled to paid non-attendance.","content":"Sessional employees will not be entitled to paid non-attendance.","sortOrder":2113},{"sectionNumber":"M13.5","sectionType":"clause","heading":"Sessional employees who have been employed over four consecutive semesters with an average","content":"Sessional employees who have been employed over four consecutive semesters with an average\nof 8 hours or more per teaching week may request CIT appropriately advertise the position as\neither a permanent position, or temporary employment position of at least 24 months.","sortOrder":2114},{"sectionNumber":"M13.5.1","sectionType":"clause","heading":"CIT must action the employee’s request subject to operational constraints.","content":"CIT must action the employee’s request subject to operational constraints.","sortOrder":2115},{"sectionNumber":"M13.5.2","sectionType":"clause","heading":"The selection process associated with this subclause will be in accordance with","content":"The selection process associated with this subclause will be in accordance with\nnormal merit-based recruitment processes.","sortOrder":2116},{"sectionNumber":"M14.1","sectionType":"clause","heading":"A selection committee will be formed following the advertising of a vacancy. The selection","content":"A selection committee will be formed following the advertising of a vacancy. The selection\ncommittee may take the form of either a Selection Advisory Committee (SAC) or a Joint\nCanberra Institute\nof Technology\nf_p_n_141_\n© Canberra Institute of Technology Page 139 of 195 Date updated: 18/01/2024\nSelection Committee (JSC) for Educator Level 1 vacancies; for all other vacancies at the level of\nEducator Level 2 or higher, the selection committee will comprise a Joint Selection Committee\n(JSC).","sortOrder":2117},{"sectionNumber":"M14.2","sectionType":"clause","heading":"The Chief Executive will not convene a selection committee except as prescribed by this","content":"The Chief Executive will not convene a selection committee except as prescribed by this\nAgreement.","sortOrder":2118},{"sectionNumber":"M14.3","sectionType":"clause","heading":"A selection committee must make a recommendation based on the principles of merit as set out","content":"A selection committee must make a recommendation based on the principles of merit as set out\nin the PSM Act and Standards.\nSelection Advisory Committee","sortOrder":2119},{"sectionNumber":"M14.4","sectionType":"clause","heading":"Where a Selection Advisory Committee has been nominated by the Chief Executive for a vacancy","content":"Where a Selection Advisory Committee has been nominated by the Chief Executive for a vacancy\nat Educator Level 1 it should normally comprise three members.","sortOrder":2120},{"sectionNumber":"M14.5","sectionType":"clause","heading":"A Selection Advisory Committee will be chaired by the representative nominated as the","content":"A Selection Advisory Committee will be chaired by the representative nominated as the\nChairperson by the Chief Executive.\nJoint Selection Committee","sortOrder":2121},{"sectionNumber":"M14.6","sectionType":"clause","heading":"A Joint Selection Committee will consist of:","content":"A Joint Selection Committee will consist of:","sortOrder":2122},{"sectionNumber":"M14.6.1","sectionType":"clause","heading":"a convenor nominated by the Chief Executive;","content":"a convenor nominated by the Chief Executive;","sortOrder":2123},{"sectionNumber":"M14.6.2","sectionType":"clause","heading":"a person nominated by the Chief Executive; and","content":"a person nominated by the Chief Executive; and","sortOrder":2124},{"sectionNumber":"M14.6.3","sectionType":"clause","heading":"a nominee from a list of nominees supplied by the union from which CIT will select a","content":"a nominee from a list of nominees supplied by the union from which CIT will select a\nmember.\nNote: Where a union nominee is not available to form a Joint Selection Committee, or forming a\nJoint Selection Committee will unreasonably delay a recruitment process, the Chief Executive may\nsubstitute an individual of his/her own choosing.","sortOrder":2125},{"sectionNumber":"M15.1","sectionType":"clause","heading":"Despite subclause B5.1, permanent employees’ period of probation will ordinarily be no more","content":"Despite subclause B5.1, permanent employees’ period of probation will ordinarily be no more\nthan 12 months.","sortOrder":2126},{"sectionNumber":"M16.1","sectionType":"clause","heading":"Despite clause B6 -, Educator Level 1 and Level 2 employees will record and maintain their","content":"Despite clause B6 -, Educator Level 1 and Level 2 employees will record and maintain their\nattendance via approved mechanisms.","sortOrder":2127},{"sectionNumber":"M17.1","sectionType":"clause","heading":"It is acknowledged that there may be circumstances where CIT has to undertake a program or","content":"It is acknowledged that there may be circumstances where CIT has to undertake a program or\ntask that requires dedicated resources by persons with skills or experience for which the\nengagement of such persons on a casual basis is required.","sortOrder":2128},{"sectionNumber":"M17.2","sectionType":"clause","heading":"It is further acknowledged that due to the nature of Vocational Education and Training (VET) and","content":"It is further acknowledged that due to the nature of Vocational Education and Training (VET) and\nthe requirement for classes to be scheduled in advance, casual employees engaged to cover\nclasses on a short-term basis will be provided a level of system and regularity.","sortOrder":2129},{"sectionNumber":"M17.3","sectionType":"clause","heading":"Where any proposed employment arrangements will involve a regular and systematic pattern of","content":"Where any proposed employment arrangements will involve a regular and systematic pattern of\nwork and there is a reasonable expectation that such arrangements will continue longer term,\nthe authorised delegate will offer employment on a basis other than casual employment. This\nincludes engagement on a permanent or temporary (including sessional) basis.","sortOrder":2130},{"sectionNumber":"M17.3.1","sectionType":"clause","heading":"For the purposes of this clause only, regular and systematic patterns of work on a","content":"For the purposes of this clause only, regular and systematic patterns of work on a\nlonger term will be taken to include any work in excess of 14.7 hours per week that is\nreasonably expected to continue or be scheduled beyond 4 week’s duration.\nCanberra Institute\nof Technology\nf_p_n_142_\n© Canberra Institute of Technology Page 140 of 195 Date updated: 18/01/2024","sortOrder":2131},{"sectionNumber":"M17.3.2","sectionType":"clause","heading":"Successive engagements beyond 4 weeks of over 14.7 hours each week will only be","content":"Successive engagements beyond 4 weeks of over 14.7 hours each week will only be\nallowable where the continuation is approved by the Chief Executive.","sortOrder":2132},{"sectionNumber":"M17.4","sectionType":"clause","heading":"Any person seeking to be employed as a casual employee must apply annually for placement on","content":"Any person seeking to be employed as a casual employee must apply annually for placement on\nthe temporary employment register, available on the ACT Government jobs website. An order of\nmerit will be determined by the CIT delegate. Applications received throughout the year will be\nassessed and ranked against the existing order of merit for applications.","sortOrder":2133},{"sectionNumber":"M17.5","sectionType":"clause","heading":"Casual employees will be paid at rates set out in Annex A, inclusive of a loading of 25% in lieu of","content":"Casual employees will be paid at rates set out in Annex A, inclusive of a loading of 25% in lieu of\npaid leave entitlements, other than long service leave, and in lieu of payment for public holidays\non which the employee did not work.","sortOrder":2134},{"sectionNumber":"M17.5.1","sectionType":"clause","heading":"From 1 January 2024, or the commencement of the agreement, whichever is the","content":"From 1 January 2024, or the commencement of the agreement, whichever is the\nlatter, the inclusive casual pay rate will be abolished and casual rates for all other\nclassifications will be established. All work performed by casual employees from this\ndate will be paid at the casual rate expressed for each classification.","sortOrder":2135},{"sectionNumber":"M17.6","sectionType":"clause","heading":"Where a casual employee’s scheduled class is cancelled by CIT within 24 hours of the scheduled","content":"Where a casual employee’s scheduled class is cancelled by CIT within 24 hours of the scheduled\nclass, the employee will be paid for the scheduled hours, as long as the employee reports for\nwork and undertakes alternative duties.","sortOrder":2136},{"sectionNumber":"M17.7","sectionType":"clause","heading":"Where a casual employee’s class schedule is ceased by CIT or the employee, the employee willl","content":"Where a casual employee’s class schedule is ceased by CIT or the employee, the employee willl\nnot be entitled to payment for classes not undertaken.","sortOrder":2137},{"sectionNumber":"M17.8","sectionType":"clause","heading":"Despite ACTPS policies and guidelines referred to at subclause D1.1, casual employees have","content":"Despite ACTPS policies and guidelines referred to at subclause D1.1, casual employees have\naccess to salary sacrifice arrangements for the purposes of superannuation only (no leasing\navailable). To access this entitlement, casual employees must be currently employed as a casual\nemployee for a minimum of one semester.","sortOrder":2138},{"sectionNumber":"M17.9","sectionType":"clause","heading":"Related conditions for casual employment are also contained in the following clauses:","content":"Related conditions for casual employment are also contained in the following clauses:","sortOrder":2139},{"sectionNumber":"M18.1","sectionType":"clause","heading":"CIT recognises the professional contribution that employees make to the delivery of educational","content":"CIT recognises the professional contribution that employees make to the delivery of educational\noutcomes for students.","sortOrder":2140},{"sectionNumber":"M18.2","sectionType":"clause","heading":"The span of hours to which a CIT employee may be required to attend work will be between","content":"The span of hours to which a CIT employee may be required to attend work will be between\n8:00am and 10:00pm Monday to Friday.","sortOrder":2141},{"sectionNumber":"M18.2.1","sectionType":"clause","heading":"An employee may work outside the span of hours (including Saturday and Sunday)","content":"An employee may work outside the span of hours (including Saturday and Sunday)\nwhere the employee and manager agree.","sortOrder":2142},{"sectionNumber":"M18.3","sectionType":"clause","heading":"Full time employees are expected to be in attendance for 36 hours and 45 minutes of work, as a","content":"Full time employees are expected to be in attendance for 36 hours and 45 minutes of work, as a\nstandard, over five days per week, unless alternative arrangements are agreed between the\nmanager and the employee – e.g. under the “Home-Based Work” clause.","sortOrder":2143},{"sectionNumber":"M18.3.1","sectionType":"clause","heading":"Remuneration packages reflect the total performance of employees’ roles, not simply","content":"Remuneration packages reflect the total performance of employees’ roles, not simply\nthe hours performed in the workplace; therefore, salary payments and leave\naccruals/deductions will reflect the standard hours as identified above, regardless of\nany individual attendance arrangements that may be agreed in accordance with this\nclause.","sortOrder":2144},{"sectionNumber":"M18.3.2","sectionType":"clause","heading":"The professional role and regular pattern of work of an employee includes attendance","content":"The professional role and regular pattern of work of an employee includes attendance\nat staff meetings, faculty meetings, interviews and other required professional\nactivities.","sortOrder":2145},{"sectionNumber":"M18.3.3","sectionType":"clause","heading":"All duties consistent with the professional responsibility of a CIT employee (not just","content":"All duties consistent with the professional responsibility of a CIT employee (not just\ndirect teaching) are to be performed appropriately throughout CIT’s teaching weeks.\nCanberra Institute\nof Technology\nf_p_n_143_\n© Canberra Institute of Technology Page 141 of 195 Date updated: 18/01/2024\nIn principle, all employees must have appropriate facilities provided for the\nperformance of their duties.","sortOrder":2146},{"sectionNumber":"M18.3.4","sectionType":"clause","heading":"Employees may agree to a manager’s request to attend for less than six hours or more","content":"Employees may agree to a manager’s request to attend for less than six hours or more\nthan eight hours per day, or work in a block or split shift pattern. Such an agreement\nwill be in writing.","sortOrder":2147},{"sectionNumber":"M18.4","sectionType":"clause","heading":"Workplace attendance and teaching loads for a part-time employee (including a Sessional","content":"Workplace attendance and teaching loads for a part-time employee (including a Sessional\nemployee) will be pro-rata based on their part-time fraction.","sortOrder":2148},{"sectionNumber":"M18.5","sectionType":"clause","heading":"Employees are required to complete an allocated annual teaching load.","content":"Employees are required to complete an allocated annual teaching load.","sortOrder":2149},{"sectionNumber":"M18.6","sectionType":"clause","heading":"Annual teaching loads will be allocated according to the following:","content":"Annual teaching loads will be allocated according to the following:","sortOrder":2150},{"sectionNumber":"M18.6.1","sectionType":"clause","heading":"The maximum teaching load (excluding overtime) of full-time Educator Level 1 and","content":"The maximum teaching load (excluding overtime) of full-time Educator Level 1 and\nEducator Level 2 employees, and Sessional employees is 720 hours each year.","sortOrder":2151},{"sectionNumber":"M18.6.2","sectionType":"clause","heading":"The maximum teaching load of Head of Department Level employees is 378 hours","content":"The maximum teaching load of Head of Department Level employees is 378 hours\neach year.","sortOrder":2152},{"sectionNumber":"M18.6.3","sectionType":"clause","heading":"The maximum teaching load of College Director Level employees is 90 hours each","content":"The maximum teaching load of College Director Level employees is 90 hours each\nyear.","sortOrder":2153},{"sectionNumber":"M18.6.4","sectionType":"clause","heading":"The maximum teaching load for employees in EDS designated positions is 120 hours","content":"The maximum teaching load for employees in EDS designated positions is 120 hours\neach year.","sortOrder":2154},{"sectionNumber":"M18.7","sectionType":"clause","heading":"The scheduling of teaching duties will be negotiated between the employee and the","content":"The scheduling of teaching duties will be negotiated between the employee and the\nmanager/supervisor, and will not involve the performance of annual teaching loads in fewer\nthan 30 weeks.","sortOrder":2155},{"sectionNumber":"M18.7.1","sectionType":"clause","heading":"Should an agreement on arrangements be unachievable, CIT may require the","content":"Should an agreement on arrangements be unachievable, CIT may require the\nemployee to perform teaching as directed.","sortOrder":2156},{"sectionNumber":"M18.7.2","sectionType":"clause","heading":"Where an employee disagrees with this direction, the Dispute Avoidance/Settlement","content":"Where an employee disagrees with this direction, the Dispute Avoidance/Settlement\nProcedures at clause F6 - of this Agreement may be used to assist in resolving the\nmatter.","sortOrder":2157},{"sectionNumber":"M18.8","sectionType":"clause","heading":"For the purposes of calculating allocated annual teaching hours the following Daylight","content":"For the purposes of calculating allocated annual teaching hours the following Daylight\nEquivalent provisions will apply:","sortOrder":2158},{"sectionNumber":"M18.8.1","sectionType":"clause","heading":"All required work that may form part of the annual teaching load worked after 5.30","content":"All required work that may form part of the annual teaching load worked after 5.30\np.m. on weekdays will be counted as time and one quarter;","sortOrder":2159},{"sectionNumber":"M18.8.2","sectionType":"clause","heading":"All required work that may form part of the annual teaching load worked on Saturday","content":"All required work that may form part of the annual teaching load worked on Saturday\nwill be counted as time and one half; and","sortOrder":2160},{"sectionNumber":"M18.8.3","sectionType":"clause","heading":"All required work that may form part of the annual teaching load worked on Sunday","content":"All required work that may form part of the annual teaching load worked on Sunday\nwill be counted as time and three quarters.","sortOrder":2161},{"sectionNumber":"M18.9","sectionType":"clause","heading":"Notwithstanding the provisions of this clause relating to annual teaching loads, the Chief","content":"Notwithstanding the provisions of this clause relating to annual teaching loads, the Chief\nExecutive may enter into an arrangement with a group of employees to aggregate annual\nteaching loads under subclause M18.6. The pool of teaching hours created may then be\nredistributed amongst the group in accordance with a written agreement between the parties.","sortOrder":2162},{"sectionNumber":"M18.9.1","sectionType":"clause","heading":"No employee will be required to enter into a pooling arrangement unless they have","content":"No employee will be required to enter into a pooling arrangement unless they have\nagreed to it.","sortOrder":2163},{"sectionNumber":"M18.9.2","sectionType":"clause","heading":"Arrangements under this provision will be for a maximum of 12 months, after which a","content":"Arrangements under this provision will be for a maximum of 12 months, after which a\nnew arrangement must be agreed.","sortOrder":2164},{"sectionNumber":"M18.9.3","sectionType":"clause","heading":"Parties to an agreement may withdraw under this clause and return to ordinary","content":"Parties to an agreement may withdraw under this clause and return to ordinary\narrangements under clause M18 by providing 30 days’ written notice, unless a shorter\nperiod is agreed between the parties.\nCanberra Institute\nof Technology\nf_p_n_144_\n© Canberra Institute of Technology Page 142 of 195 Date updated: 18/01/2024","sortOrder":2165},{"sectionNumber":"M18.9.4","sectionType":"clause","heading":"Arrangements under this provision will override the normal operation of clause M40 -","content":"Arrangements under this provision will override the normal operation of clause M40 -\nin that hours in excess of the limits provided by this clause may only result in overtime\nwhere the hours are worked outside a pooling arrangement agreed in accordance\nwith this subclause.","sortOrder":2166},{"sectionNumber":"M18.9.5","sectionType":"clause","heading":"Employee paid non-attendance will not be reduced as a result of a pooling","content":"Employee paid non-attendance will not be reduced as a result of a pooling\narrangement allowable under this subclause.","sortOrder":2167},{"sectionNumber":"M19.1","sectionType":"clause","heading":"CIT recognises and supports the right for employees to disconnect from all work-related","content":"CIT recognises and supports the right for employees to disconnect from all work-related\ninformation and communication technologies outside of their agreed working contribution hours,\nexcept where circumstances justify.","sortOrder":2168},{"sectionNumber":"M19.2","sectionType":"clause","heading":"Employees are not required to access work-related information and communication technologies","content":"Employees are not required to access work-related information and communication technologies\nfor work or communication purposes outside agreed working contribution hours.","sortOrder":2169},{"sectionNumber":"M19.3","sectionType":"clause","heading":"Employees are encouraged to disconnect from all work-related information and communication","content":"Employees are encouraged to disconnect from all work-related information and communication\ntechnologies and are encouraged to refrian from digital communications (e.g.sending emails\nand/or text messages) outside agreed working contribution hours.","sortOrder":2170},{"sectionNumber":"M20.1","sectionType":"clause","heading":"Where activities performed by an employee include:","content":"Where activities performed by an employee include:","sortOrder":2171},{"sectionNumber":"M20.1.1","sectionType":"clause","heading":"training and assessment associated with a CIT course, in a classroom setting, the field,","content":"training and assessment associated with a CIT course, in a classroom setting, the field,\nor a workplace;","sortOrder":2172},{"sectionNumber":"M20.1.2","sectionType":"clause","heading":"scheduled online activity that is directly attributable to the learning outcomes of CIT","content":"scheduled online activity that is directly attributable to the learning outcomes of CIT\nstudents; or","sortOrder":2173},{"sectionNumber":"M20.1.3","sectionType":"clause","heading":"recognition of prior learning (RPL)","content":"recognition of prior learning (RPL)\nthe activity will constitute direct teaching for the purposes of this Agreement and hours spent\nundertaking that activity will be attributable to the employee’s annual teaching load. The activity\nshould be negotiated and scheduled in line with clause M18 -.","sortOrder":2174},{"sectionNumber":"M20.2","sectionType":"clause","heading":"Duties other than that defined above will not be attributable to an employee’s annual teaching","content":"Duties other than that defined above will not be attributable to an employee’s annual teaching\nload unless approved by the Chief Executive.","sortOrder":2175},{"sectionNumber":"M20.2.1","sectionType":"clause","heading":"For non-teaching duties to be attributable to an employee’s required annual teaching","content":"For non-teaching duties to be attributable to an employee’s required annual teaching\nload the time spent on the task must replace actual time otherwise spent on direct\nteaching activity as defined above, or the manager must negotiate with the employee\nacceptable arrangements to exceed the standard weekly attendance requirement.","sortOrder":2176},{"sectionNumber":"M20.2.2","sectionType":"clause","heading":"Guidance will be developed in consultation between CIT and the AEU in regards to","content":"Guidance will be developed in consultation between CIT and the AEU in regards to\nmanaging workloads of employees covered by this Agreement, which will include\nfurther details on attributing tasks to annual teaching loads.","sortOrder":2177},{"sectionNumber":"M20.3","sectionType":"clause","heading":"Notwithstanding the occasional requirement to undertake non-typical tasks, employees will not","content":"Notwithstanding the occasional requirement to undertake non-typical tasks, employees will not\nbe, as far as practicable, required to undertake duties that are inconsistent with the employee’s\nrole.","sortOrder":2178},{"sectionNumber":"M20.4","sectionType":"clause","heading":"Employees performing teaching or student coordination tasks are entitled to negotiate with","content":"Employees performing teaching or student coordination tasks are entitled to negotiate with\ntheir supervisor recognition for the performance of these tasks as direct teaching activity or\ntowards their overall working contribution.","sortOrder":2179},{"sectionNumber":"M20.4.1","sectionType":"clause","heading":"Teaching coordination is the primary coordination of a program which involves the","content":"Teaching coordination is the primary coordination of a program which involves the\nmanagement of a number of employees, and includes, but is not limited to:\nCanberra Institute\nof Technology\nf_p_n_145_\n© Canberra Institute of Technology Page 143 of 195 Date updated: 18/01/2024","sortOrder":2180},{"sectionNumber":"M20.4.1.2","sectionType":"clause","heading":"(a) Management of assessment processes including, recognition assessment,","content":"(a) Management of assessment processes including, recognition assessment,\nmoderation of assessment between team members, validity and\nrelevance of assessment tasks, and the development of banks of\nassessment tasks; and","sortOrder":2181},{"sectionNumber":"M20.4.1.3","sectionType":"clause","heading":"(b) Responsibility for management of team-level meetings to disseminate","content":"(b) Responsibility for management of team-level meetings to disseminate\ninformation among employees and discuss teaching issues, ensuring all\nemployees apply a consistent and best practice approach to delivery.","sortOrder":2182},{"sectionNumber":"M20.4.2","sectionType":"clause","heading":"Student coordination is the primary coordination of tasks related to students within a","content":"Student coordination is the primary coordination of tasks related to students within a\ncollege/division or department and includes but is not limited to:","sortOrder":2183},{"sectionNumber":"M20.4.2.2","sectionType":"clause","heading":"(a) Coordinating and conducting information sessions for potential students,","content":"(a) Coordinating and conducting information sessions for potential students,\npre-enrolment assessment of students, and subsequent enrolment\nprocesses ensuring the availability and accessibility of student\ninformation and advice.","sortOrder":2184},{"sectionNumber":"M20.4.2.3","sectionType":"clause","heading":"(b) Convening of student advisory committees and groups, and the","content":"(b) Convening of student advisory committees and groups, and the\norganisation of student events, excursions, visits, fieldwork, and work\nexperience placements.","sortOrder":2185},{"sectionNumber":"M20.4.2.4","sectionType":"clause","heading":"(c) Assist with the coordination of promotional activities and participate in","content":"(c) Assist with the coordination of promotional activities and participate in\nliaison with other teaching college/divisions and departments in CIT\nincluding the representation of program areas on committees and\nworking groups as appropriate.","sortOrder":2186},{"sectionNumber":"M20.4.2.5","sectionType":"clause","heading":"(d) Actively participate in the provision of pastoral care to students and in","content":"(d) Actively participate in the provision of pastoral care to students and in\nparticular international students, including assisting in the monitoring of\nattendance, roll books and progress.","sortOrder":2187},{"sectionNumber":"M20.4.2.6","sectionType":"clause","heading":"(e) Coordination of the Home Tutor Scheme including the provision of","content":"(e) Coordination of the Home Tutor Scheme including the provision of\nsupport to volunteers, tutor and student matching, dissemination of\ninformation to volunteers and students and maintenance of a volunteer\nresource collection.","sortOrder":2188},{"sectionNumber":"M20.5","sectionType":"clause","heading":"Employees at all levels may be asked to undertake coordination tasks. The contribution to these","content":"Employees at all levels may be asked to undertake coordination tasks. The contribution to these\ntasks by beginning employees will be limited, to allow for concentrated effort toward the\nacquisition of teaching skills.","sortOrder":2189},{"sectionNumber":"M20.6","sectionType":"clause","heading":"Coordination tasks will be as negotiated between the employee and the responsible manager.","content":"Coordination tasks will be as negotiated between the employee and the responsible manager.","sortOrder":2190},{"sectionNumber":"M20.7","sectionType":"clause","heading":"Should coordination tasks cease to be performed by the employee the arrangements relating to","content":"Should coordination tasks cease to be performed by the employee the arrangements relating to\nrecognition of the work will also cease.","sortOrder":2191},{"sectionNumber":"M21.1","sectionType":"clause","heading":"This clause should be read in conjunction with clause B12 -.","content":"This clause should be read in conjunction with clause B12 -.","sortOrder":2192},{"sectionNumber":"M21.2","sectionType":"clause","heading":"CIT, its employees and the union acknowledge that the challenges CIT will face to meet the","content":"CIT, its employees and the union acknowledge that the challenges CIT will face to meet the\nneeds of a more diverse group of learners in the future will be substantial, and that employees\nhave a critical role to play in positioning CIT to meet those challenges. This clause is designed to\nensure that CIT employees have a central role in the positioning of CIT for a sustainable and\nviable long-term future.","sortOrder":2193},{"sectionNumber":"M21.3","sectionType":"clause","heading":"The changing nature of vocational education has developed the necessity to examine and","content":"The changing nature of vocational education has developed the necessity to examine and\nintroduce changes to the programming of employees’ work.","sortOrder":2194},{"sectionNumber":"M21.4","sectionType":"clause","heading":"It is intended in any agreed process relating to managing employee time and workloads that","content":"It is intended in any agreed process relating to managing employee time and workloads that\nthere will be a recognition of the:","sortOrder":2195},{"sectionNumber":"M21.4.1","sectionType":"clause","heading":"professional empowerment of employees;","content":"professional empowerment of employees;\nCanberra Institute\nof Technology\nf_p_n_146_\n© Canberra Institute of Technology Page 144 of 195 Date updated: 18/01/2024","sortOrder":2196},{"sectionNumber":"M21.4.2","sectionType":"clause","heading":"diversity of delivery strategies employed by employees; and","content":"diversity of delivery strategies employed by employees; and","sortOrder":2197},{"sectionNumber":"M21.4.3","sectionType":"clause","heading":"diversity of working arrangements necessary to support these strategies.","content":"diversity of working arrangements necessary to support these strategies.","sortOrder":2198},{"sectionNumber":"M21.5","sectionType":"clause","heading":"Employees and managers should work together in order to establish workloads that are","content":"Employees and managers should work together in order to establish workloads that are\nachievable, professionally challenging and rewarding, and that support quality program delivery,\nin the context of achieving CIT goals.","sortOrder":2199},{"sectionNumber":"M21.6","sectionType":"clause","heading":"Good management practice in every teaching college/division includes the regular review of","content":"Good management practice in every teaching college/division includes the regular review of\nwork practice and general procedures in the workplace. Accordingly, teaching college/divisions\nare encouraged to implement local processes to review and manage local workload issues, and\nit is suggested that this review be incorporated into other routine procedures such as\nPerformance Plans.","sortOrder":2200},{"sectionNumber":"M21.7","sectionType":"clause","heading":"The Internal Review Procedures contained in Section I provide an avenue for further","content":"The Internal Review Procedures contained in Section I provide an avenue for further\nconsideration where an employee and their teaching college/division leadership are not able to\nreconcile issues concerning workload management.","sortOrder":2201},{"sectionNumber":"M21.8","sectionType":"clause","heading":"CIT, its employees and the union acknowledge the importance of recording CIT employee","content":"CIT, its employees and the union acknowledge the importance of recording CIT employee\nworkloads and agree that all proposed teaching loads will be entered by employees onto the\nteacher management system by week 7 of each term at the latest. Variations to teaching loads\nshould be entered onto the teacher management system by no later than week 7 of each term.\nIn term four all teaching loads and amendments to loads must be reconciled against required\nannual teaching load.","sortOrder":2202},{"sectionNumber":"M22.2","sectionType":"clause","heading":"- Consultation Regarding the Teaching Calendar","content":"- Consultation Regarding the Teaching Calendar","sortOrder":2203},{"sectionNumber":"M22.1","sectionType":"clause","heading":"CIT agrees to consult with the union on the annual teaching calendar proposed for the following","content":"CIT agrees to consult with the union on the annual teaching calendar proposed for the following\nyear prior to publication of the calendar.","sortOrder":2204},{"sectionNumber":"M23.2","sectionType":"clause","heading":"- Designation of Educational Development and Support (EDS) Positions","content":"- Designation of Educational Development and Support (EDS) Positions","sortOrder":2205},{"sectionNumber":"M23.1","sectionType":"clause","heading":"No existing teaching position may be designated as an EDS position, without prior consultation","content":"No existing teaching position may be designated as an EDS position, without prior consultation\nwith affected employees. Employees may choose to be represented in such discussions.","sortOrder":2206},{"sectionNumber":"M23.2.2","sectionType":"clause","heading":"No existing EDS designated position will be designated as a normal teaching position without","content":"No existing EDS designated position will be designated as a normal teaching position without\nprior consultation with affected employees. Employees may choose to be represented in such\ndiscussions.","sortOrder":2207},{"sectionNumber":"M24.1","sectionType":"clause","heading":"Notwithstanding subclause B18.3, Flextime will be available to employees in an Educational","content":"Notwithstanding subclause B18.3, Flextime will be available to employees in an Educational\nDevelopment and Support (EDS) designated position and College Director Level employees.","sortOrder":2208},{"sectionNumber":"M25.1","sectionType":"clause","heading":"In recognition of the variable workload and contribution required of CIT’s employees throughout","content":"In recognition of the variable workload and contribution required of CIT’s employees throughout\nthe teaching year, employees will be provided paid non-attendance in line with provisions of this\nclause.","sortOrder":2209},{"sectionNumber":"M25.2","sectionType":"clause","heading":"Guidance will be developed in consultation between CIT and the AEU in regards to managing","content":"Guidance will be developed in consultation between CIT and the AEU in regards to managing\nworkloads of employees covered by this Agreement, which will include further details on paid\nnon-attendance.","sortOrder":2210},{"sectionNumber":"M25.3","sectionType":"clause","heading":"Employees’ will be granted 20 days paid non-attendance, the timing of which is subject to","content":"Employees’ will be granted 20 days paid non-attendance, the timing of which is subject to\napproval by the Chief Executive.","sortOrder":2211},{"sectionNumber":"M25.4","sectionType":"clause","heading":"Timing of paid non-attendance will be determined through consultation locally to ensure each","content":"Timing of paid non-attendance will be determined through consultation locally to ensure each\ndepartment operates with flexibility and according to their local needs.\nCanberra Institute\nof Technology\nf_p_n_147_\n© Canberra Institute of Technology Page 145 of 195 Date updated: 18/01/2024","sortOrder":2212},{"sectionNumber":"M25.5","sectionType":"clause","heading":"Despite the provisions above, sessional employees, employees in Educational Development and","content":"Despite the provisions above, sessional employees, employees in Educational Development and\nSupport (EDS) designated positions, College Director Level classification and Senior Education\nLeaders are not entitled to paid non-attendance.","sortOrder":2213},{"sectionNumber":"M25.6","sectionType":"clause","heading":"Payment for Paid Non-Attendance will normally be at full pay unless the employee is on leave","content":"Payment for Paid Non-Attendance will normally be at full pay unless the employee is on leave\nimmediately before and after the period in which case the following will occur:","sortOrder":2214},{"sectionNumber":"M25.6.1","sectionType":"clause","heading":"Where an employee is on annual leave or personal leave at full pay, payment will be","content":"Where an employee is on annual leave or personal leave at full pay, payment will be\nat full pay, with no deduction of personal or annual leave credits.","sortOrder":2215},{"sectionNumber":"M25.6.2","sectionType":"clause","heading":"Where an employee is on annual or personal leave at half pay, payment will be at half","content":"Where an employee is on annual or personal leave at half pay, payment will be at half\npay with no deduction of personal or annual leave credits.","sortOrder":2216},{"sectionNumber":"M25.6.3","sectionType":"clause","heading":"Where an employee is on other forms of leave, payment will be based on the rate of","content":"Where an employee is on other forms of leave, payment will be based on the rate of\npay for which the leave has been approved e.g. full pay, half pay or without pay.\nLeave entitlements will be deducted for the period in these circumstances.","sortOrder":2217},{"sectionNumber":"M26.1","sectionType":"clause","heading":"There is an expectation that employees should be able to access reasonable breaks during the","content":"There is an expectation that employees should be able to access reasonable breaks during the\nworking day. The minimum break over a full teaching day is 30 minutes.","sortOrder":2218},{"sectionNumber":"M26.2","sectionType":"clause","heading":"The arrangements may vary among teaching college/divisions, taking into account operational","content":"The arrangements may vary among teaching college/divisions, taking into account operational\nrequirements. The duration of such a break is not included in the required hours of attendance\ndetailed in clause M18 -.","sortOrder":2219},{"sectionNumber":"M27.1","sectionType":"clause","heading":"The purpose of performance management is to support the achievement of quality educational","content":"The purpose of performance management is to support the achievement of quality educational\nexperiences and outcomes for CIT students through enhancing the quality and currency of\nemployees’ professional practice, and the delivery of organisational goals.","sortOrder":2220},{"sectionNumber":"M27.2","sectionType":"clause","heading":"All employees except casual employees are required to participate in performance management","content":"All employees except casual employees are required to participate in performance management\nand to demonstrate growth, experience and contribution over the performance cycle.","sortOrder":2221},{"sectionNumber":"M27.3","sectionType":"clause","heading":"Performance management and development is to be undertaken respectfully, consistently and","content":"Performance management and development is to be undertaken respectfully, consistently and\nwith the motive of supporting and enabling better performance by employees. This is in keeping\nwith the obligations of CIT to treat its employees fairly and consistently under the Fair Work Act\n2009, this Enterprise Agreement, Public Sector Management Act 1994 and the Public Sector\nManagement Standards 2016.","sortOrder":2222},{"sectionNumber":"M27.4","sectionType":"clause","heading":"To be most effective, the execution of the performance framework requires an environment of","content":"To be most effective, the execution of the performance framework requires an environment of\ntrust, mutual responsibility and two-way communication. This is facilitated by empowering an\nenvironment of mutual obligation through open feedback and communication between\nemployees and their supervisors and managers.","sortOrder":2223},{"sectionNumber":"M27.5","sectionType":"clause","heading":"All employees and their managers have roles and responsibilities to implement performance","content":"All employees and their managers have roles and responsibilities to implement performance\nmanagement and development.","sortOrder":2224},{"sectionNumber":"M27.6","sectionType":"clause","heading":"Effective, ongoing, informal feedback and discussion of performance is critical for forming a","content":"Effective, ongoing, informal feedback and discussion of performance is critical for forming a\nsound understanding of expectations and building resilient working relationships within teams\nand between managers and employees.","sortOrder":2225},{"sectionNumber":"M27.7","sectionType":"clause","heading":"An employee’s performance must be formally assessed over a set period of time, usually a 12","content":"An employee’s performance must be formally assessed over a set period of time, usually a 12\nmonth period. It provides a record of the agreed goals and performance indicators, exchange of\nfeedback and evidence of performance discussion between managers and employees, employee\nachievement and areas of improvement. This also includes an agreed process for ongoing\ndiscussion and review.\nCanberra Institute\nof Technology\nf_p_n_148_\n© Canberra Institute of Technology Page 146 of 195 Date updated: 18/01/2024","sortOrder":2226},{"sectionNumber":"M27.8","sectionType":"clause","heading":"The CIT performance management cycle occurs over a calendar year and Performance Plans","content":"The CIT performance management cycle occurs over a calendar year and Performance Plans\nmust be agreed by the end of February each year.","sortOrder":2227},{"sectionNumber":"M27.9","sectionType":"clause","heading":"This formal process through which goals are agreed at the commencement of the CIT","content":"This formal process through which goals are agreed at the commencement of the CIT\nperformance cycle, reviewed at the mid-point and assessed at the conclusion of the cycle must\nbe conducted by employees and their supervisors/managers in a formal manner, with records\nkept using the CIT Performance Plan, and signed by both.","sortOrder":2228},{"sectionNumber":"M27.10","sectionType":"clause","heading":"In a matrix organisation, an employee may have both horizontal responsibilities to a project","content":"In a matrix organisation, an employee may have both horizontal responsibilities to a project\nteam manager, as well as vertical positional responsibilities to a functional manager. In such\ncases, the development of a Performance Plan will be negotiated between the employee and\nboth managers.","sortOrder":2229},{"sectionNumber":"M27.11","sectionType":"clause","heading":"New staff are required to negotiate a Performance Plan within one month of commencing","content":"New staff are required to negotiate a Performance Plan within one month of commencing\nemployment. This is a shared responsibility. All parties are to retain a copy of the agreed\nPerformance Plan.","sortOrder":2230},{"sectionNumber":"M27.12","sectionType":"clause","heading":"Where there is a legal requirement to release information, an employee’s Performance Plan","content":"Where there is a legal requirement to release information, an employee’s Performance Plan\nmay also be released to a third party at the request of the Chief Executive.","sortOrder":2231},{"sectionNumber":"M27.13","sectionType":"clause","heading":"Ongoing performance feedback is an expectation under this scheme.","content":"Ongoing performance feedback is an expectation under this scheme.","sortOrder":2232},{"sectionNumber":"M27.14","sectionType":"clause","heading":"Where employees change roles, or achieve promotion or advancement, their Performance Plan","content":"Where employees change roles, or achieve promotion or advancement, their Performance Plan\nwill need to be reviewed and /or re-negotiated with their supervisor within one month of\ncommencement of the new position.","sortOrder":2233},{"sectionNumber":"M27.15","sectionType":"clause","heading":"An employee’s Performance Plan may be varied by agreement during the calendar year to","content":"An employee’s Performance Plan may be varied by agreement during the calendar year to\nreflect changing circumstances.","sortOrder":2234},{"sectionNumber":"M27.16","sectionType":"clause","heading":"CIT is responsible for recording whether formal performance management and development","content":"CIT is responsible for recording whether formal performance management and development\nassessments have been completed and providing this information to Chief Minister, Treasury\nand Economic Development Directorate.","sortOrder":2235},{"sectionNumber":"M27.17","sectionType":"clause","heading":"Qualitative data on the impact of performance management and development, particularly","content":"Qualitative data on the impact of performance management and development, particularly\nconcerning the value of regular feedback and performance discussions will be gathered by\nemployee satisfaction surveys.","sortOrder":2236},{"sectionNumber":"M28.2","sectionType":"clause","heading":"- Reduction in Allocated Annual Teaching Load for Learning and Development","content":"- Reduction in Allocated Annual Teaching Load for Learning and Development","sortOrder":2237},{"sectionNumber":"M28.1","sectionType":"clause","heading":"Employees are required to undertake learning and development each year to contribute to their","content":"Employees are required to undertake learning and development each year to contribute to their\nprofessional development.","sortOrder":2238},{"sectionNumber":"M28.2.2","sectionType":"clause","heading":"In line with this clause, employees may access a reduction to their allocated annual teaching","content":"In line with this clause, employees may access a reduction to their allocated annual teaching\nload of up to 38 teaching hours per year.","sortOrder":2239},{"sectionNumber":"M28.3","sectionType":"clause","heading":"CIT may direct employees to utilise up to 14 of these reduced hours for CIT directed learning and","content":"CIT may direct employees to utilise up to 14 of these reduced hours for CIT directed learning and\ndevelopment.","sortOrder":2240},{"sectionNumber":"M28.4","sectionType":"clause","heading":"Employee access to self-directed learning and development is conditional on the activity being","content":"Employee access to self-directed learning and development is conditional on the activity being\nagreed as part of the employee’s Performance Plan and evidence of the activity’s completion\nbeing provided.","sortOrder":2241},{"sectionNumber":"M28.4.1","sectionType":"clause","heading":"Should a CIT direction to participate in learning and development conflict with","content":"Should a CIT direction to participate in learning and development conflict with\nexisting self-directed activity, consideration should be given to whether the\nemployee’s self-directed activity may be continued with an additional discretionary\nreduction, moved to another time, or withdrawn.","sortOrder":2242},{"sectionNumber":"M28.5","sectionType":"clause","heading":"Directors may exercise discretion in providing appropriate resources for the completion of","content":"Directors may exercise discretion in providing appropriate resources for the completion of\nlearning and development under this clause.\nCanberra Institute\nof Technology\nf_p_n_149_\n© Canberra Institute of Technology Page 147 of 195 Date updated: 18/01/2024","sortOrder":2243},{"sectionNumber":"M29.2","sectionType":"clause","heading":"- Strategic Learning and Development Priorities","content":"- Strategic Learning and Development Priorities","sortOrder":2244},{"sectionNumber":"M29.1","sectionType":"clause","heading":"By the end of the second semester of each year, the Chief Executive may identify and promote","content":"By the end of the second semester of each year, the Chief Executive may identify and promote\nCIT-wide learning and development priorities for the forthcoming calendar year. In developing\nthese priorities, the Chief Executive will consider a broad range of information, including\nbusiness environmental scans, Government direction and input from teaching colleges and\ndivisions.","sortOrder":2245},{"sectionNumber":"M29.2.2","sectionType":"clause","heading":"CIT learning and development priorities will align with the Strategic Plan and be input for the","content":"CIT learning and development priorities will align with the Strategic Plan and be input for the\nbusiness planning and performance management cycles. This will ensure linkage between\ncurrent plans regarding CIT direction, learning and development needs and the differing learning\nneeds of all parts of CIT.","sortOrder":2246},{"sectionNumber":"M30.1","sectionType":"clause","heading":"CIT is focused on achieving quality educational experiences and outcomes for its students. High","content":"CIT is focused on achieving quality educational experiences and outcomes for its students. High\nquality teaching utilising contemporary approaches in a range of formats is therefore essential.\nIt is vital that employees have the capabilities to do their current jobs and are supported in\nidentifying and meeting their development needs and the strategic imperatives of CIT.","sortOrder":2247},{"sectionNumber":"M30.2","sectionType":"clause","heading":"CIT offers a demonstrated commitment to its employees by supporting them in enhancing the","content":"CIT offers a demonstrated commitment to its employees by supporting them in enhancing the\nquality and currency of their teaching practice. This is achieved by:","sortOrder":2248},{"sectionNumber":"M30.2.1","sectionType":"clause","heading":"focusing learning and development on a contribution to educational qualification","content":"focusing learning and development on a contribution to educational qualification\nacquisition, in line with advancement requirements and as agreed in Performance\nPlan, noting that the financial approval process is external to the performance\nplanning process;","sortOrder":2249},{"sectionNumber":"M30.2.2","sectionType":"clause","heading":"supporting continuous acquisition and demonstration of key capabilities in the","content":"supporting continuous acquisition and demonstration of key capabilities in the\nworkplace in line with CIT learning and development priorities;","sortOrder":2250},{"sectionNumber":"M30.2.3","sectionType":"clause","heading":"maintaining industry currency throughout an employee’s CIT career; and","content":"maintaining industry currency throughout an employee’s CIT career; and","sortOrder":2251},{"sectionNumber":"M30.2.4","sectionType":"clause","heading":"enhancing an employee’s vocational qualifications wherever possible.","content":"enhancing an employee’s vocational qualifications wherever possible.","sortOrder":2252},{"sectionNumber":"M30.3","sectionType":"clause","heading":"Learning and development funding is offered through:","content":"Learning and development funding is offered through:","sortOrder":2253},{"sectionNumber":"M30.3.1","sectionType":"clause","heading":"Individual learning and development allocations;","content":"Individual learning and development allocations;","sortOrder":2254},{"sectionNumber":"M30.3.2","sectionType":"clause","heading":"The Qualification and Skills Achievement Fund; and","content":"The Qualification and Skills Achievement Fund; and","sortOrder":2255},{"sectionNumber":"M30.3.3","sectionType":"clause","heading":"The Strategic Learning and Development Fund.","content":"The Strategic Learning and Development Fund.","sortOrder":2256},{"sectionNumber":"M30.4","sectionType":"clause","heading":"An individual employee’s Performance Plan and Learning and Development Plan are critical for","content":"An individual employee’s Performance Plan and Learning and Development Plan are critical for\noutlining what Learning and development is planned to occur during the performance cycle. The\ncompletion of such plans in alignment with clause M27 - is an essential pre-requisite in accessing\nthese funds.","sortOrder":2257},{"sectionNumber":"M31.2","sectionType":"clause","heading":"- Individual Learning and Development Allocations","content":"- Individual Learning and Development Allocations","sortOrder":2258},{"sectionNumber":"M31.1","sectionType":"clause","heading":"The total pool for the individual learning and development allocations will consist of an amount","content":"The total pool for the individual learning and development allocations will consist of an amount\nequivalent to 1.0% per annum of employees’ salaries (excluding on-costs).","sortOrder":2259},{"sectionNumber":"M31.2.2","sectionType":"clause","heading":"The level of individual learning and development allocations will:","content":"The level of individual learning and development allocations will:","sortOrder":2260},{"sectionNumber":"M31.2.1","sectionType":"clause","heading":"comprise an amount that represents the total pool divided by the number of ‘eligible","content":"comprise an amount that represents the total pool divided by the number of ‘eligible\nemployees’ as defined in subclause M31.3;","sortOrder":2261},{"sectionNumber":"M31.2.2.2","sectionType":"clause","heading":"vary according to employment type with full-time employees attracting a full","content":"vary according to employment type with full-time employees attracting a full\nallocation and part-time employees attracting a pro-rata allocation; and\nCanberra Institute\nof Technology\nf_p_n_150_\n© Canberra Institute of Technology Page 148 of 195 Date updated: 18/01/2024","sortOrder":2262},{"sectionNumber":"M31.2.3","sectionType":"clause","heading":"be advised by CIT Corporate Services as soon as practicable after eligibility is","content":"be advised by CIT Corporate Services as soon as practicable after eligibility is\ndetermined.","sortOrder":2263},{"sectionNumber":"M31.3","sectionType":"clause","heading":"Allocations will be made to all current permanent and temporary employees employed at the","content":"Allocations will be made to all current permanent and temporary employees employed at the\nlast full pay period in November of each year. CIT will as far as possible, by the end of the second\nweek of December, determine the list of employees eligible for individual learning and\ndevelopment fund allocation based upon employment records. Details of the above mentioned\ndetermination will be sent to the union prior to the distribution of funds. CIT will provide\ninformation to employees on what individual funds are available.","sortOrder":2264},{"sectionNumber":"M31.4","sectionType":"clause","heading":"Employees on LWOP may only access individual learning and development allocations where","content":"Employees on LWOP may only access individual learning and development allocations where\nthere is sufficient cause and access is approved by the college director.","sortOrder":2265},{"sectionNumber":"M31.5","sectionType":"clause","heading":"The acquittal of funds is a finance function administered in its entirety by CIT Corporate Services.","content":"The acquittal of funds is a finance function administered in its entirety by CIT Corporate Services.\nReporting to teaching college/divisions to enable better management of individual learning and\ndevelopment allocations by employees will be negotiated with CIT Corporate Services.","sortOrder":2266},{"sectionNumber":"M31.6","sectionType":"clause","heading":"Individual learning and development allocations cannot be anticipated.","content":"Individual learning and development allocations cannot be anticipated.","sortOrder":2267},{"sectionNumber":"M31.7","sectionType":"clause","heading":"In line with CIT Financial Delegations and related policy, financial approval is required in advance","content":"In line with CIT Financial Delegations and related policy, financial approval is required in advance\nof learning and development activity taking place.","sortOrder":2268},{"sectionNumber":"M31.8","sectionType":"clause","heading":"On application to their Heads of Department, using the financial approval processes, employees","content":"On application to their Heads of Department, using the financial approval processes, employees\nmay apportion all or part of their allocated funds for any agreed learning and development\nactivity identified, and approved by the College Director in their Performance Plan according to\nthe relevant teaching college/division business plan.","sortOrder":2269},{"sectionNumber":"M31.9","sectionType":"clause","heading":"Provided that the employee has allocated funds available, sufficient to meet the cost of a","content":"Provided that the employee has allocated funds available, sufficient to meet the cost of a\nlearning and development activity, the College Director will approve the expenditure.","sortOrder":2270},{"sectionNumber":"M31.10","sectionType":"clause","heading":"Individual learning and development allocations may be used to contribute to the participation","content":"Individual learning and development allocations may be used to contribute to the participation\nin learning and development activities (including the purchasing of appropriate books and the\nacquisition of relevant qualifications) or associated travel.","sortOrder":2271},{"sectionNumber":"M31.11","sectionType":"clause","heading":"Individual learning and development allocations may also be used to contribute to approved CIT","content":"Individual learning and development allocations may also be used to contribute to approved CIT\nproducts to develop technology for teaching currency.","sortOrder":2272},{"sectionNumber":"M31.11.1","sectionType":"clause","heading":"To maintain a consistent approach throughout CIT, despite subclause M31.8,","content":"To maintain a consistent approach throughout CIT, despite subclause M31.8,\nexpenditure approval will be via the Chief Executive.","sortOrder":2273},{"sectionNumber":"M31.12","sectionType":"clause","heading":"All purchased books, hardware or technology remains the property of CIT.","content":"All purchased books, hardware or technology remains the property of CIT.","sortOrder":2274},{"sectionNumber":"M31.13","sectionType":"clause","heading":"Retrospective payments or reimbursements may only occur where the learning and","content":"Retrospective payments or reimbursements may only occur where the learning and\ndevelopment activity was identified in the employee’s Performance Plan in accordance with\nsubclause M31.8 above.","sortOrder":2275},{"sectionNumber":"M31.14","sectionType":"clause","heading":"Where the allocated funds available are insufficient, the employee and the College Director may","content":"Where the allocated funds available are insufficient, the employee and the College Director may\nreach agreement on funding the learning and development through a combination of individual\nlearning and development allocation and any discretionary funding that may be available. If\ndiscretionary funding is not available the employee may be assigned priority to undertake\nagreed learning and development when and if funds do become available.","sortOrder":2276},{"sectionNumber":"M31.15","sectionType":"clause","heading":"On 30 November each year, a census of individual learning and development funds will be","content":"On 30 November each year, a census of individual learning and development funds will be\nundertaken by CIT Corporate Services and an allocation will be made available to employees at","sortOrder":2277},{"sectionNumber":"1.2","sectionType":"clause","heading":"January of the following year. Employees will have two years and eleven months to utilise the","content":"January of the following year. Employees will have two years and eleven months to utilise the\nallocation.","sortOrder":2278},{"sectionNumber":"M31.15.1","sectionType":"clause","heading":"The sum of any excess funds for active employees will be transferred to the","content":"The sum of any excess funds for active employees will be transferred to the\nQualification and Skills Achievement Fund for the following year.\nCanberra Institute\nof Technology\nf_p_n_151_\n© Canberra Institute of Technology Page 149 of 195 Date updated: 18/01/2024","sortOrder":2279},{"sectionNumber":"M31.15.2","sectionType":"clause","heading":"The sum of any excess funds for terminated employees will be transferred to the","content":"The sum of any excess funds for terminated employees will be transferred to the\nStrategic Learning and Development Fund.","sortOrder":2280},{"sectionNumber":"M31.16","sectionType":"clause","heading":"In accordance with paragraph M31.15.1 individual learning and development allocations are","content":"In accordance with paragraph M31.15.1 individual learning and development allocations are\nexpected to be spent within the specified period. However:","sortOrder":2281},{"sectionNumber":"M31.16.1","sectionType":"clause","heading":"Where employees are not able to spend their allocation within this timeframe, a","content":"Where employees are not able to spend their allocation within this timeframe, a\ndeferral of the rollover may be arranged through the discussion of their extenuating\ncircumstances with both their College Director and CIT Human Resources.","sortOrder":2282},{"sectionNumber":"M31.16.2","sectionType":"clause","heading":"By written agreement with the College Director, an employee may also elect to have","content":"By written agreement with the College Director, an employee may also elect to have\ntheir individual learning and development allocation assigned to a designated learning\nand development initiative of their college/division, or used to augment the\nQualification and Skills Achievement Fund.","sortOrder":2283},{"sectionNumber":"M32.2","sectionType":"clause","heading":"- Qualifications and Skills Achievement Fund","content":"- Qualifications and Skills Achievement Fund","sortOrder":2284},{"sectionNumber":"M32.1","sectionType":"clause","heading":"The purpose of the Qualification and Skills Achievement Fund is to enhance the skills and","content":"The purpose of the Qualification and Skills Achievement Fund is to enhance the skills and\nqualifications of CIT’s employees, to support them in achieving teaching currency with an industry\nfocus.","sortOrder":2285},{"sectionNumber":"M32.2.2","sectionType":"clause","heading":"The fund is available to make a contribution towards the costs employees may incur in obtaining","content":"The fund is available to make a contribution towards the costs employees may incur in obtaining\nskills and qualifications as per subclause M32.1 and to enable career progression.","sortOrder":2286},{"sectionNumber":"M32.3","sectionType":"clause","heading":"Funding for the Qualification and Skills Achievement Fund will be via the process outlined in","content":"Funding for the Qualification and Skills Achievement Fund will be via the process outlined in\nparagraph M31.15.1, and without creating precedent, may be supplemented by CIT through its\nnormal budgetary process.","sortOrder":2287},{"sectionNumber":"M32.4","sectionType":"clause","heading":"Distribution of available funding through reimbursement to teaching college/divisions will be","content":"Distribution of available funding through reimbursement to teaching college/divisions will be\ncalculated as the total available funds divided by the total FTE of each teaching college/divisions’\nemployees. Except where:","sortOrder":2288},{"sectionNumber":"M32.4.1","sectionType":"clause","heading":"There is a greater qualification need in one or more area over others. For example,","content":"There is a greater qualification need in one or more area over others. For example,\nwhere there may be the introduction of a new higher level qualification to be taught\nor where fewer employees than required have required qualifications.","sortOrder":2289},{"sectionNumber":"M32.4.2","sectionType":"clause","heading":"Should flexibility in this area be required, it will be a decision made by the Deputy","content":"Should flexibility in this area be required, it will be a decision made by the Deputy\nChief Executive after consultation with the Academic Board.","sortOrder":2290},{"sectionNumber":"M32.5","sectionType":"clause","heading":"Advice on teaching college/divisions on the use and acquittal of qualification and achievement","content":"Advice on teaching college/divisions on the use and acquittal of qualification and achievement\nfunds is a finance function and will be administered in its entirety by CIT Corporate Services in\nconjunction with teaching college/divisions.","sortOrder":2291},{"sectionNumber":"M32.6","sectionType":"clause","heading":"Employees wishing to access qualification and skills achievement funding must apply to their","content":"Employees wishing to access qualification and skills achievement funding must apply to their\nCollege Director prior to committing to a learning and development program or a program of study\nfor a relevant qualification. Directors may approve applications provided the qualification or\nlearning and development has been set out in the employee’s Performance Plan and Learning and\nDevelopment Plan.","sortOrder":2292},{"sectionNumber":"M32.7","sectionType":"clause","heading":"In considering applications for funding, Directors may take the following factors into consideration:","content":"In considering applications for funding, Directors may take the following factors into consideration:","sortOrder":2293},{"sectionNumber":"M32.7.1","sectionType":"clause","heading":"The relative priority of the qualification or learning and development to the teaching","content":"The relative priority of the qualification or learning and development to the teaching\ncollege/divisions’ priorities as set out in its business plan;","sortOrder":2294},{"sectionNumber":"M32.7.2","sectionType":"clause","heading":"The relative priority for the individual employee to acquire such a qualification or skill","content":"The relative priority for the individual employee to acquire such a qualification or skill\nwithin this framework;","sortOrder":2295},{"sectionNumber":"M32.7.3","sectionType":"clause","heading":"The cost benefit of the proposal;","content":"The cost benefit of the proposal;\nCanberra Institute\nof Technology\nf_p_n_152_\n© Canberra Institute of Technology Page 150 of 195 Date updated: 18/01/2024","sortOrder":2296},{"sectionNumber":"M32.7.4","sectionType":"clause","heading":"Whether the employee has nominated to apply their individual learning and","content":"Whether the employee has nominated to apply their individual learning and\ndevelopment allocation toward the cost of obtaining a qualification or skill or the\nindividual learning and development allocation has been otherwise committed; and","sortOrder":2297},{"sectionNumber":"M32.8","sectionType":"clause","heading":"At the end of each calendar year unspent funding will be transferred to the Strategic Learning and","content":"At the end of each calendar year unspent funding will be transferred to the Strategic Learning and\nDevelopment Fund.","sortOrder":2298},{"sectionNumber":"M32.9","sectionType":"clause","heading":"In addition to the provision of qualification and skills achievement funding, CIT may also continue","content":"In addition to the provision of qualification and skills achievement funding, CIT may also continue\nto offer employee education programs in house under favourable arrangements.","sortOrder":2299},{"sectionNumber":"M32.10","sectionType":"clause","heading":"Access to funding support is separate to access to the studies assistance procedures. The latter","content":"Access to funding support is separate to access to the studies assistance procedures. The latter\nprovides, subject to operational requirements, for access to paid leave for study purposes.","sortOrder":2300},{"sectionNumber":"M33.2","sectionType":"clause","heading":"- Strategic Learning and Development Fund","content":"- Strategic Learning and Development Fund","sortOrder":2301},{"sectionNumber":"M33.1","sectionType":"clause","heading":"The purpose of the Strategic Learning and Development Fund is to support CIT strategic learning","content":"The purpose of the Strategic Learning and Development Fund is to support CIT strategic learning\nand development priorities and to address common CIT learning needs.","sortOrder":2302},{"sectionNumber":"M33.2.2","sectionType":"clause","heading":"Funding for the Strategic Learning and Development Fund will be via the process outlined in","content":"Funding for the Strategic Learning and Development Fund will be via the process outlined in\nparagraph M31.15.2 and subclause M32.8, and without setting any precedent this fund may also\nbe supplemented by CIT through normal budgetary process.","sortOrder":2303},{"sectionNumber":"M33.3","sectionType":"clause","heading":"Teaching colleges/divisions will have input each year into advising of their Learning and","content":"Teaching colleges/divisions will have input each year into advising of their Learning and\ndevelopment needs through the performance management process, and having input into which\nCIT strategic learning and development priorities will be addressed corporately.","sortOrder":2304},{"sectionNumber":"M33.4","sectionType":"clause","heading":"The provision of Learning and development activities through this fund will be administered by CIT","content":"The provision of Learning and development activities through this fund will be administered by CIT\nHuman Resources, with input from CIT People Development and other departments as required.","sortOrder":2305},{"sectionNumber":"M33.5","sectionType":"clause","heading":"Employees will be advised of the availability of learning and development activities.","content":"Employees will be advised of the availability of learning and development activities.","sortOrder":2306},{"sectionNumber":"M34.2","sectionType":"clause","heading":"- Learning and Development Administration","content":"- Learning and Development Administration","sortOrder":2307},{"sectionNumber":"M34.1","sectionType":"clause","heading":"Usage and relevant and appropriate financial information will be provided to the union on request","content":"Usage and relevant and appropriate financial information will be provided to the union on request\neach year in relation to information on overall individual learning and development allocations,\nthe Strategic Learning and Development Fund and the Qualification and Skills Achievement Fund.","sortOrder":2308},{"sectionNumber":"M35.1","sectionType":"clause","heading":"CIT is committed to achieving a positive performance environment that values the contribution of","content":"CIT is committed to achieving a positive performance environment that values the contribution of\nemployees to achieving organisational goals. Key to this is the building and consolidation of\nprofessional relationships between employees and their managers through the provision of\nregular, timely and constructive feedback, recognition of performance and by discussing mutual\nexpectations about working relationships.","sortOrder":2309},{"sectionNumber":"M35.2","sectionType":"clause","heading":"This commitment recognises and rewards employees for their contribution, but does not include","content":"This commitment recognises and rewards employees for their contribution, but does not include\nthe use of performance pay.","sortOrder":2310},{"sectionNumber":"M35.3","sectionType":"clause","heading":"CIT will participate in the annual ACTPS Awards that complement existing local reward and","content":"CIT will participate in the annual ACTPS Awards that complement existing local reward and\nrecognition schemes.","sortOrder":2311},{"sectionNumber":"M35.4","sectionType":"clause","heading":"CIT, its employees and the union will consult on other effective ways of recognising and rewarding","content":"CIT, its employees and the union will consult on other effective ways of recognising and rewarding\nthe achievement of individuals and work groups. Any outcomes of this consultation will only be\nimplemented by the agreement of the CIT and the union.","sortOrder":2312},{"sectionNumber":"M36.1","sectionType":"clause","heading":"Full-time and part-time employees who undertake direct teaching of a Higher Education","content":"Full-time and part-time employees who undertake direct teaching of a Higher Education\naccredited Bachelor degree (as regulated by TEQSA) will be provided with a reduction in teaching\nCanberra Institute\nof Technology\nf_p_n_153_\n© Canberra Institute of Technology Page 151 of 195 Date updated: 18/01/2024\nhours of fifteen percent (15%) per annum, where the employee has agreed with the Head of\nDepartment and College Director to undertake appropriate scholarly activities and/or to\nparticipate with University partners in scholarship programs.","sortOrder":2313},{"sectionNumber":"M36.2","sectionType":"clause","heading":"The activities agreed to be undertaken will demonstrate scholarly reflection and be measurable","content":"The activities agreed to be undertaken will demonstrate scholarly reflection and be measurable\nthrough such output as published papers, academic presentations and/or creative output. The\ntime taken to undertake these activities will be equivalent to the hours of the reduction provided.","sortOrder":2314},{"sectionNumber":"M36.3","sectionType":"clause","heading":"The entitlement to the reduction is in addition to any other per annum allocation for professional","content":"The entitlement to the reduction is in addition to any other per annum allocation for professional\ndevelopment.","sortOrder":2315},{"sectionNumber":"M36.4","sectionType":"clause","heading":"The reduction in teaching load will be proportionate to the number of Bachelor degree delivery","content":"The reduction in teaching load will be proportionate to the number of Bachelor degree delivery\nhours, which forms part of the employee’s allocated teaching load. The proportion of reduction\nhours will be calculated as follows:\nBachelor degree delivery hours x 0.15","sortOrder":2316},{"sectionNumber":"M36.5","sectionType":"clause","heading":"The Delegate for approval of reduction in teaching hours will be the relevant College Director.","content":"The Delegate for approval of reduction in teaching hours will be the relevant College Director.\nRequests will be considered by the Delegate based on the relevance of the proposed activities.","sortOrder":2317},{"sectionNumber":"M36.6","sectionType":"clause","heading":"CIT commits to monitor the operation of arrangements specified in this clause over the life of this","content":"CIT commits to monitor the operation of arrangements specified in this clause over the life of this\nAgreement, with a view to addressing any issues that may arise.","sortOrder":2318},{"sectionNumber":"M37.1","sectionType":"clause","heading":"CIT and the AEU are committed to the development of new employees through all of the","content":"CIT and the AEU are committed to the development of new employees through all of the\nfollowing:","sortOrder":2319},{"sectionNumber":"M37.1.1","sectionType":"clause","heading":"The delivery of effective induction programs to ensure that they are effectively","content":"The delivery of effective induction programs to ensure that they are effectively\nsupported, prepared and informed of their responsibilities and entitlements as they\nbegin in their roles.","sortOrder":2320},{"sectionNumber":"M37.1.2","sectionType":"clause","heading":"The provision of a high-quality Trainer Under Supervision and new Educator program,","content":"The provision of a high-quality Trainer Under Supervision and new Educator program,\ndesigned to meet their individual professional development needs.","sortOrder":2321},{"sectionNumber":"M37.1.3","sectionType":"clause","heading":"Guidance will be developed in consultation between CIT and the AEU in regards to","content":"Guidance will be developed in consultation between CIT and the AEU in regards to\nmanaging workloads of employees covered by this Agreement, which will include\nfurther details on new educator development.","sortOrder":2322},{"sectionNumber":"M38.1","sectionType":"clause","heading":"To assist in maintaining industry currency, a regular industry currency program for employees will","content":"To assist in maintaining industry currency, a regular industry currency program for employees will\nbe continued, in accordance with industry currency procedures, as agreed between CIT and the\nunion.","sortOrder":2323},{"sectionNumber":"M38.2","sectionType":"clause","heading":"Employees and their managers will schedule appropriate periods for industry currency.","content":"Employees and their managers will schedule appropriate periods for industry currency.","sortOrder":2324},{"sectionNumber":"M39.1","sectionType":"clause","heading":"Despite subclause C7.7, where the employee is performing only part of the duties of the higher","content":"Despite subclause C7.7, where the employee is performing only part of the duties of the higher\nposition payment of partial HDA may be agreed between the manager/supervisor and the\nemployee, prior to the commencement of the temporary transfer.","sortOrder":2325},{"sectionNumber":"M39.2","sectionType":"clause","heading":"Despite subclause C7.8, the rate of payment for partial HDA will be 25, 50 or 75 percent of the","content":"Despite subclause C7.8, the rate of payment for partial HDA will be 25, 50 or 75 percent of the\napplicable pay range. The Chief Executive’s decision on the rate of payment of partial HDA will\ntake into account the specified duties of the higher position that the employee is to perform,\ncompared with those not to be performed.\nCanberra Institute\nof Technology\nf_p_n_154_\n© Canberra Institute of Technology Page 152 of 195 Date updated: 18/01/2024","sortOrder":2326},{"sectionNumber":"M40.1","sectionType":"clause","heading":"The purpose of overtime is to provide CIT with the flexibility to deal with short-term and","content":"The purpose of overtime is to provide CIT with the flexibility to deal with short-term and\nunforeseen demands.","sortOrder":2327},{"sectionNumber":"M40.2","sectionType":"clause","heading":"As professionals, employees are expected to accommodate periodic variations in their work","content":"As professionals, employees are expected to accommodate periodic variations in their work\nschedules to best respond to client needs. Such flexibility is consistent with operational\nrequirements, to maintain quality in instruction and to deliver an appropriate work-life balance.","sortOrder":2328},{"sectionNumber":"M40.3","sectionType":"clause","heading":"Educator Level 1 employees (excluding those in Educational Development and Support (EDS)","content":"Educator Level 1 employees (excluding those in Educational Development and Support (EDS)\ndesignated positions) are eligible to receive payment under this clause.","sortOrder":2329},{"sectionNumber":"M40.4","sectionType":"clause","heading":"The Chief Executive may provide prior approval for Educator Level 2 employees (excluding those in","content":"The Chief Executive may provide prior approval for Educator Level 2 employees (excluding those in\nEDS designated positions) to receive payment for overtime worked under this clause.","sortOrder":2330},{"sectionNumber":"M40.5","sectionType":"clause","heading":"Overtime is not available to the Head of Department, College Director Level, and Senior Education","content":"Overtime is not available to the Head of Department, College Director Level, and Senior Education\nLeaders.","sortOrder":2331},{"sectionNumber":"M40.6","sectionType":"clause","heading":"CIT may require an employee to work reasonable overtime, payment of which may be made","content":"CIT may require an employee to work reasonable overtime, payment of which may be made\naccording to subclause M40.14.","sortOrder":2332},{"sectionNumber":"M40.7","sectionType":"clause","heading":"An employee will not be required to teach in excess of 24 hours Daylight Equivalent in a week. An","content":"An employee will not be required to teach in excess of 24 hours Daylight Equivalent in a week. An\nemployee may agree to increase these hours provided the maximum weekly teaching load is not\nexceeded for more than six calendar weeks in a calendar year and not for more than two\nconsecutive weeks.","sortOrder":2333},{"sectionNumber":"M40.8","sectionType":"clause","heading":"An employee may refuse to work overtime in circumstances where the working of such overtime","content":"An employee may refuse to work overtime in circumstances where the working of such overtime\nwould result in the employee working hours which are unreasonable having regard to:","sortOrder":2334},{"sectionNumber":"M40.8.2","sectionType":"clause","heading":"the employee’s personal circumstances including any family responsibilities;","content":"the employee’s personal circumstances including any family responsibilities;","sortOrder":2335},{"sectionNumber":"M40.8.3","sectionType":"clause","heading":"the needs of the enterprise or workplace;","content":"the needs of the enterprise or workplace;","sortOrder":2336},{"sectionNumber":"M40.8.4","sectionType":"clause","heading":"the notice (if any) given by CIT of the overtime and by the employee of his or her","content":"the notice (if any) given by CIT of the overtime and by the employee of his or her\nintention to refuse it; and","sortOrder":2337},{"sectionNumber":"M40.9","sectionType":"clause","heading":"Overtime is not an entitlement and access is subject to employees entering their anticipated","content":"Overtime is not an entitlement and access is subject to employees entering their anticipated\nsemester teaching load onto the Teacher Management System by Week 7 of each term, as per\nsubclause M21.8 of this Agreement.","sortOrder":2338},{"sectionNumber":"M40.10","sectionType":"clause","heading":"All overtime must be preapproved by the Chief Executive in writing. The Prior Approval for Teacher","content":"All overtime must be preapproved by the Chief Executive in writing. The Prior Approval for Teacher\nOvertime form purposefully facilitates this requirement.","sortOrder":2339},{"sectionNumber":"M40.11","sectionType":"clause","heading":"The limit for overtime is 20 hours per calendar year.","content":"The limit for overtime is 20 hours per calendar year.","sortOrder":2340},{"sectionNumber":"M40.11.1","sectionType":"clause","heading":"Contrary to subclause C1.1, this overtime limit is not subject to pro-rata arrangements","content":"Contrary to subclause C1.1, this overtime limit is not subject to pro-rata arrangements\nfor part-time employees.","sortOrder":2341},{"sectionNumber":"M40.12","sectionType":"clause","heading":"Employees will not perform overtime in excess of the limit specified at subclause M40.11 without","content":"Employees will not perform overtime in excess of the limit specified at subclause M40.11 without\nthe prior approval of the Chief Executive. Such approval will only be provided in exceptional\ncircumstances.","sortOrder":2342},{"sectionNumber":"M40.12.1","sectionType":"clause","heading":"Where overtime in excess of the limit provided at subclause M40.11 is being","content":"Where overtime in excess of the limit provided at subclause M40.11 is being\nperformed, CIT will review whether the overtime workload warrants the engagement\nof additional staffing resources or other action as appropriate.","sortOrder":2343},{"sectionNumber":"M40.12.2","sectionType":"clause","heading":"Any overtime worked in excess of the limit specified in subclause M40.11 and not","content":"Any overtime worked in excess of the limit specified in subclause M40.11 and not\napproved in accordance with subclause M40.10 will not be paid.\nCanberra Institute\nof Technology\nf_p_n_155_\n© Canberra Institute of Technology Page 153 of 195 Date updated: 18/01/2024","sortOrder":2344},{"sectionNumber":"M40.13","sectionType":"clause","heading":"An employee must apply through their Head of Department for payment of approved overtime to","content":"An employee must apply through their Head of Department for payment of approved overtime to\nbe achieved. CIT is not responsible for the ensuring the employee makes this application ahead of\npayment dates provided at subclause M40.14.","sortOrder":2345},{"sectionNumber":"M40.14","sectionType":"clause","heading":"Approved overtime will be paid at the Overtime Rate (provided in Annex A) and may be made as","content":"Approved overtime will be paid at the Overtime Rate (provided in Annex A) and may be made as\nthe overtime hours are worked (an immediate payment), or alternatively the employee may defer\npayment to either the end of Semester One, or the end of the calendar year (deferred payment) as\noutlined below.","sortOrder":2346},{"sectionNumber":"M40.14.1","sectionType":"clause","heading":"Claims for immediate payment may only be made where the employee’s direct","content":"Claims for immediate payment may only be made where the employee’s direct\nteaching hours of duty exceeds the 24 hours Daylight Equivalent per week. Once\napproved, such overtime will be paid in the next available pay period.","sortOrder":2347},{"sectionNumber":"M40.14.2","sectionType":"clause","heading":"Claims for deferred payment to the end of Semester One may be made provided the","content":"Claims for deferred payment to the end of Semester One may be made provided the\nemployee has exceeded a teaching load of 400 hours. Once approved, each hour in\nexcess of the 400 hours will be paid in a single payment in the next available pay\nperiod after the semester ends.","sortOrder":2348},{"sectionNumber":"M40.14.3","sectionType":"clause","heading":"Claims for deferred payment to the end of the calendar year may be made once the","content":"Claims for deferred payment to the end of the calendar year may be made once the\nemployee has reached their annual teaching load. Once approved, each hour in\nexcess of the employee’s annual teaching load will be paid in a single payment in the\nlast appropriate pay period of the calendar year.","sortOrder":2349},{"sectionNumber":"M40.15","sectionType":"clause","heading":"Any overtime payments made to an employee under paragraph M40.14.1 or M40.14.2 above will","content":"Any overtime payments made to an employee under paragraph M40.14.1 or M40.14.2 above will\nbe recoverable under clause D5 - where the employee does not meet their required annual\nteaching load by the end of the academic year. Amounts recovered under this subclause will be\nequal to the hours of overtime already paid to the employee, and at the rate it was originally paid.","sortOrder":2350},{"sectionNumber":"M41.1","sectionType":"clause","heading":"Expenses related to prior-approved work-related travel will be reimbursed on the basis agreed in","content":"Expenses related to prior-approved work-related travel will be reimbursed on the basis agreed in\nthe Travel Authority and on production of appropriate receipts.","sortOrder":2351},{"sectionNumber":"M41.1.1","sectionType":"clause","heading":"Appropriate time off in lieu arrangements will be available where interstate and/or","content":"Appropriate time off in lieu arrangements will be available where interstate and/or\novernight travel is required.","sortOrder":2352},{"sectionNumber":"M42.1","sectionType":"clause","heading":"Where an employee is directed to take annual leave under subclause E7.19, and has insufficient","content":"Where an employee is directed to take annual leave under subclause E7.19, and has insufficient\nannual leave credit, the “shortfall” will be counted as Other Leave - Take leave where leave cannot\nbe granted under any other provision (without pay). This type of Other Leave will count as service\nfor all purposes.","sortOrder":2353},{"sectionNumber":"M43.1","sectionType":"clause","heading":"Dispite subclause E8.2, only Educator Level 1 and Educator Level 2 employees are entitled to an","content":"Dispite subclause E8.2, only Educator Level 1 and Educator Level 2 employees are entitled to an\nannual leave loading. Part-time employees are paid the annual leave loading on a pro rata basis.","sortOrder":2354},{"sectionNumber":"M44.2","sectionType":"clause","heading":"- Recognition of Teaching Hours while on Leave","content":"- Recognition of Teaching Hours while on Leave","sortOrder":2355},{"sectionNumber":"M44.1","sectionType":"clause","heading":"During an employee’s teaching weeks, where an employee has a period of approved leave the","content":"During an employee’s teaching weeks, where an employee has a period of approved leave the\nemployee will have recognition of teaching hours allocated in the following way:","sortOrder":2356},{"sectionNumber":"M44.1.1","sectionType":"clause","heading":"Where an employee has been allocated scheduled classes in Faculty Load, those","content":"Where an employee has been allocated scheduled classes in Faculty Load, those\nhours will be recognised as part of their annual target.","sortOrder":2357},{"sectionNumber":"M44.1.2","sectionType":"clause","heading":"Where an employee has no scheduled classes allocated in Faculty Load, and there is","content":"Where an employee has no scheduled classes allocated in Faculty Load, and there is\nno written agreement with the Delegate regarding teaching hours during the period\nCanberra Institute\nof Technology\nf_p_n_156_\n© Canberra Institute of Technology Page 154 of 195 Date updated: 18/01/2024\nof leave, then the employee will be allocated a daily teaching load based on the\nfollowing formula:\n𝑅𝑒𝑞𝑢𝑖𝑟𝑒𝑑 𝐴𝑛𝑛u𝑎𝑙 𝑇𝑒𝑎𝑐ℎ𝑖𝑛𝑔 𝐿𝑜𝑎𝑑\n𝑁𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 𝑎𝑛𝑛𝑢𝑎𝑙 𝑡𝑒𝑎𝑐ℎ𝑖𝑛𝑔 𝑤𝑒𝑒𝑘𝑠 /5","sortOrder":2358},{"sectionNumber":"M44.1.3","sectionType":"clause","heading":"Where an employee has no scheduled classes allocated in Faculty Load, and there is a","content":"Where an employee has no scheduled classes allocated in Faculty Load, and there is a\nwritten agreement with the Delegate regarding the teaching hours (during the period\nof leave or on the total hours to be taught for the year), the hours to be recognised\nfor the leave period will be an amount consistent with the written agreement.","sortOrder":2359},{"sectionNumber":"M44.2.2","sectionType":"clause","heading":"Leave types as referred to in this clause are specified at Section E. Nothing in this clause prevents","content":"Leave types as referred to in this clause are specified at Section E. Nothing in this clause prevents\nthe application of Section E.","sortOrder":2360},{"sectionNumber":"M45.2","sectionType":"clause","heading":"- Additional Conditions/Employment Arrangements","content":"- Additional Conditions/Employment Arrangements","sortOrder":2361},{"sectionNumber":"M45.1","sectionType":"clause","heading":"During the life of this Agreement additional conditions/employment arrangements to those","content":"During the life of this Agreement additional conditions/employment arrangements to those\ncontained within this Agreement may be entered into to meet the needs of CIT.","sortOrder":2362},{"sectionNumber":"M45.2.2","sectionType":"clause","heading":"CIT may determine that there is a need for additional employment conditions/arrangements to","content":"CIT may determine that there is a need for additional employment conditions/arrangements to\nmeet its operational requirements, from time to time.","sortOrder":2363},{"sectionNumber":"M45.3","sectionType":"clause","heading":"The terms and conditions are to be agreed between CIT and the AEU.","content":"The terms and conditions are to be agreed between CIT and the AEU.","sortOrder":2364},{"sectionNumber":"M45.4","sectionType":"clause","heading":"The application of the arrangements to individual employees will be CIT’s decision.","content":"The application of the arrangements to individual employees will be CIT’s decision.","sortOrder":2365},{"sectionNumber":"M46.2","sectionType":"clause","heading":"- Pilot Option (Working Contribution and Workload)","content":"- Pilot Option (Working Contribution and Workload)","sortOrder":2366},{"sectionNumber":"M46.1","sectionType":"clause","heading":"CIT and the AEU agree to work together over the life of this Agreement to develop a new","content":"CIT and the AEU agree to work together over the life of this Agreement to develop a new\nsystem/industrial framework to improve management of employees’ working contribution and\nworkload. CIT and the AEU further agree to utilise individual flexibility arrangements to amend\nindividual employees working conditions to pilot and test the effectiveness and viability of\nproposed changes. Employee participation in pilots will be voluntary. All parties will participate in\nthese pilots in good faith.","sortOrder":2367},{"sectionNumber":"M46.2.2","sectionType":"clause","heading":"Employees may elect to enter an ‘individual flexibility arrangement’ under clause A8.11 to","content":"Employees may elect to enter an ‘individual flexibility arrangement’ under clause A8.11 to\nparticipate in pilot programs as established in consultation with the union.","sortOrder":2368},{"sectionNumber":"M46.3","sectionType":"clause","heading":"Should an individual flexibility arrangement be terminated under subclause A8.9 at any time","content":"Should an individual flexibility arrangement be terminated under subclause A8.9 at any time\nduring a calendar year, the employee’s subsequent entitlements under this Agreement will be\nsubject to a reconciliation of any benefit achieved through the pilot.","sortOrder":2369},{"sectionNumber":"M47.1","sectionType":"clause","heading":"Pay rates for employees covered by the agreement are set out in Annex A.","content":"Pay rates for employees covered by the agreement are set out in Annex A.","sortOrder":2370},{"sectionNumber":"M47.2","sectionType":"clause","heading":"From 7 December 2023, a new increment point will be included at the top of the Teacher Level 1","content":"From 7 December 2023, a new increment point will be included at the top of the Teacher Level 1\nand Teacher Level 2 classifications. The pay points will be referred to as Teacher Level 1.9 and\nTeacher Level 2.2.","sortOrder":2371},{"sectionNumber":"M47.3","sectionType":"clause","heading":"All employees at the Teacher Level 1.8 and Teacher Level 2 with a minimum period of 12 months","content":"All employees at the Teacher Level 1.8 and Teacher Level 2 with a minimum period of 12 months\nservice at that level on 6 December 2023 will be entitled to increment to the newly created\nincrement points on 7 December 2023. For employees at the TL1.8 or TL2 level with less than 12\nmonths service at those levels will increment to the newly created increment points at their next\nanniversary date.","sortOrder":2372},{"sectionNumber":"M47.4","sectionType":"clause","heading":"From 6 June 2024, CIT will introduce a new classification structure. From this date:","content":"From 6 June 2024, CIT will introduce a new classification structure. From this date:","sortOrder":2373},{"sectionNumber":"M47.4.1","sectionType":"clause","heading":"Employees engaged at the Teacher Level 1 classification will migrate to the Educator","content":"Employees engaged at the Teacher Level 1 classification will migrate to the Educator\nLevel 1 classification.\nCanberra Institute\nof Technology\nf_p_n_157_\n© Canberra Institute of Technology Page 155 of 195 Date updated: 18/01/2024","sortOrder":2374},{"sectionNumber":"M47.4.2","sectionType":"clause","heading":"Employees engaged at the Teacher Level 2 classification will migrate to the Educator","content":"Employees engaged at the Teacher Level 2 classification will migrate to the Educator\nLevel 2 classification.","sortOrder":2375},{"sectionNumber":"M47.4.3","sectionType":"clause","heading":"Employees at the Manager Education Level 1 classification will migrate to the Head of","content":"Employees at the Manager Education Level 1 classification will migrate to the Head of\nDepartment classification.","sortOrder":2376},{"sectionNumber":"M47.4.4","sectionType":"clause","heading":"Employees at the Manager Level 2 classification will migrate to the College Director","content":"Employees at the Manager Level 2 classification will migrate to the College Director\nclassification.\nEducator Level 1 classification","sortOrder":2377},{"sectionNumber":"M47.5","sectionType":"clause","heading":"The following table indicates how current employees at the Teacher Level 1 classifications will","content":"The following table indicates how current employees at the Teacher Level 1 classifications will\ntransition on 6 June 2024.\nCurrent Teacher Level 1 Classification New Educator Level 1 Classification\nTeacher Level 1.1\nEducator Level 1.1\nTeacher Level 1.2\nTeacher Level 1.3\nTeacher Level 1.4\nTeacher Level 1.5\nTeacher Level 1.6 Educator Level 1.2\nTeacher Level 1.7 Educator Level 1.3\nTeacher Level 1.8 Educator Level 1.4\nTeacher Level 1.9 Educator Level 1.5","sortOrder":2378},{"sectionNumber":"M47.6","sectionType":"clause","heading":"From 5 December 2024, an additional increment point will be included at the top of the Educator","content":"From 5 December 2024, an additional increment point will be included at the top of the Educator\nLevel 1 classification. The pay point will be referred to as Educator Level 1.6. Employees at\nEducator Level 1.5 will be entitled to increment to Educator Level 1.6 after 12 months of service at\nEducator Level 1.5.\nEducator Level 2 classification","sortOrder":2379},{"sectionNumber":"M47.7","sectionType":"clause","heading":"The following table indicates how current employees at the Teacher Level 2 classifications will","content":"The following table indicates how current employees at the Teacher Level 2 classifications will\ntransition on 6 June 2024.\nCurrent Teacher Level 2 Classification New Educator Level 2 Classification\nTeacher Level 2.1 Educator Level 2.1\nTeacher Level 2.2 Educator Level 2.2","sortOrder":2380},{"sectionNumber":"M47.8","sectionType":"clause","heading":"From 5 December 2024, an additional increment point will be included at the top of the Educator","content":"From 5 December 2024, an additional increment point will be included at the top of the Educator\nLevel 2 classification. The pay point will be referred to as Educator Level 2.3. Employees at\nEducator Level 2.2 will be entitled to increment to Educator Level 2.3 after 12 months of service at\nEducator Level 2.2.\nHead of Department","sortOrder":2381},{"sectionNumber":"M47.9","sectionType":"clause","heading":"From 6 June 2024 the Manager Education Level 1 will be renamed the Head of Department Level.","content":"From 6 June 2024 the Manager Education Level 1 will be renamed the Head of Department Level.\nThe minimum increment point will be referred to as Head of Department Level 1.1.","sortOrder":2382},{"sectionNumber":"M47.10","sectionType":"clause","heading":"From 5 December 2024, an additional increment point will be included at the top of the Head of","content":"From 5 December 2024, an additional increment point will be included at the top of the Head of\nDepartment Level. The pay point will be referred to as Head of Department Level 1.2. Employees\nat the Head of Department Level 1.1 will be entitled to increment to Head of Department Level 1.2\nafter 12 months of service at the Head of Department Level 1.1.\nCollege Director","sortOrder":2383},{"sectionNumber":"M47.11","sectionType":"clause","heading":"From 6 June 2024 the Manager Education Level 2 will be renamed the College Director Level. The","content":"From 6 June 2024 the Manager Education Level 2 will be renamed the College Director Level. The\nminimum increment point will be referred to as College Director Level 1.1.\nCanberra Institute\nof Technology\nf_p_n_158_\n© Canberra Institute of Technology Page 156 of 195 Date updated: 18/01/2024","sortOrder":2384},{"sectionNumber":"M47.12","sectionType":"clause","heading":"From 5 December 2024, an additional increment point will be included at the top of the College","content":"From 5 December 2024, an additional increment point will be included at the top of the College\nDirector Level. The pay point will be referred to as College Director Level 1.2. Employees at the\nCollege Director Level 1.1 will be entitled to increment to College Director Level 1.2 after 12\nmonths of service at the College Director Level 1.1.\nCanberra Institute\nof Technology\nf_p_n_159_\n© Canberra Institute of Technology Page 157 of 195 Date updated: 18/01/2024\nAttachment A\nQualifications & Industrial Experience (summary of requirements set out in Clause M10 (Qualification\nRequirements) of this agreement).\nClassification Educational\nQualifications\nVocational\nQualifications\nIndustry\nExperience\nEducator Level 1.1\n(TL1.1-TL1.5)\nCert IV Training & Assessment (or\nequivalent).\nObtained within the first 12 months\nof employment (see clause M10 - of\nthis Agreement for details). Equal or higher level to\nthat being taught (as\nspecified in the\napplicable training\npackages or accredited\ncurriculum\nspecifications).\nRelevant industry\nexperience\nrequired.\nEducator Level 1.2\n(TL1.6)\nEducator Level 1.3\n(TL1.7)\nCert IV Training & Assessment (or\nequivalent) and a\nDiploma of Vocational Education &\nTraining.\nEducator Level 1.4-\n1.5\n(TL1.8)\nEducator Level 2.1-\n2.2\n(TL2)\nCert IV Training & Assessment (or\nequivalent) and a Diploma of\nVocational Education & Training\nwith relevant higher-level\nqualifications desirable.\nHead of Department\nLevel 1 - 2\n(MEL1)\nCert IV Training & Assessment (or\nequivalent) and a\nDiploma of Vocational Education &\nTraining with a Diploma of\nManagement highly desirable.\nNot required, but\ndesirable. *\nIndustry\nexperience is\nhighly desirable.\nThough this does\nnot have to be in\nthe relevant\ndiscipline being\nsupervised.\nCollege Director\nLevel\n(MEL2)\nDesirable for adult learning and\ndevelopment qualifications, as well\nas leadership and management,\nbusiness, or commerce related\nbachelor level qualifications and/or\nrelevant industry specialisations.\nNot required.\nSenior Education\nLeader\n*As per the Standards for Registered Training Organisations (RTOs) 2015, where managers at Head of\nDepartment Level 1 or above undertake teaching (within their department or otherwise) vocational\nqualifications equal to that being taught, or as specified in the applicable training packages or accredited\ncurriculum specifications will be required.\nCanberra Institute\nof Technology\nf_p_n_160_\nPage 158 of 195","sortOrder":2385},{"sectionNumber":"ANNEX A.2","sectionType":"schedule","heading":"ANNEX A - – CLASSIFICATIONS AND RATES OF PAY","content":"ANNEX A - – CLASSIFICATIONS AND RATES OF PAY\nThe following classification structure will apply to employees (excluding casuals) from the commencement of the Agreement until 5 June 2024:\nCLASSIFICATION Pay Rates as at\n09/06/2022 $1,750 from 05/01/2023 1% from 08/06/2023 $1,750 from 07/12/2023\nTeacher Level 1.1 $80,673 $82,423 $83,247 $84,997\nTeacher Level 1.2 $84,345 $86,095 $86,956 $88,706\nTeacher Level 1.3 $88,008 $89,758 $90,656 $92,406\nTeacher Level 1.4 $91,866 $93,616 $94,552 $96,302\nTeacher Level 1.5 $95,901 $97,651 $98,628 $100,378\nTeacher Level 1.6 $99,567 $101,317 $102,330 $104,080\nTeacher Level 1.7 $103,420 $105,170 $106,222 $107,972\nTeacher Level 1.8 $107,642 $109,392 $110,486 $112,236\nTeacher Level 1.9 $114,113\nTeacher Level 2.1 $114,979 $116,729 $117,896 $119,646\nTeacher Level 2.2 $120,678\nManager Education Level 1 (1.1) * $133,267 $135,017 $136,367 $138,117\nManager Education Level 2 (2.1) * $157,906 $159,656 $161,253 $163,003\nSenior Education Leader * $189,363 $191,113 $193,024 $194,774\n* Manager Education Level 1 and Level 2, and Senior Education Leader classifications all have Annual Leave Loading incorporated.\nf_p_n_161_\nPage 159 of 195\nThe following classification structure will apply to employees (excluding Casuals) from 6 June 2024:\nCLASSIFICATION Pay Rates as at\n05/06/2024\n1.50% from\n06/06/2024\n1% + $1,500 from\n05/12/2024 1% from 05/06/2025 1% + $1,000 from\n04/12/2025\nEducator Level 1.1 $100,378 $101,884 $104,403 $105,447 $107,501\nEducator Level 1.2 $104,080 $105,641 $108,198 $109,280 $111,372\nEducator Level 1.3 $107,972 $109,592 $112,187 $113,309 $115,442\nEducator Level 1.4 $112,236 $113,920 $116,559 $117,724 $119,902\nEducator Level 1.5 $114,113 $115,825 $118,483 $119,668 $121,864\nEducator Level 1.6 $120,036 $121,236 $123,449\nEducator Level 2.1 $119,646 $121,441 $124,155 $125,397 $127,651\nEducator Level 2.2 $120,678 $122,488 $125,213 $126,465 $128,730\nEducator Level 2.3 $127,283 $128,556 $130,841\nHead of Department Level 1.1 * $138,117 $140,189 $143,091 $144,522 $146,967\nHead of Department Level 1.2 * $147,474 $148,949 $151,438\nCollege Director Level 1.1 * $163,003 $165,448 $168,603 $170,289 $172,991\nCollege Director Level 1.2 * $173,359 $175,093 $177,844\nSenior Education Leader * $194,774 $197,696 $201,173 $203,184 $206,216\n* Head of Department, College Director, and Senior Education Leader classifications all have Annual Leave Loading incorporated.\nf_p_n_162_\nPage 160 of 195\nThe following casual rates of pay apply from the commencement of the Agreement until 31 December 2023, or the day prior to commencement of the agreement, whichever is the latter:\nCLASSIFICATION Pay Rates as at\n09/06/2022 1.79% from 05/01/2023 1% from 08/06/2023 1.74% from 07/12/2023\nInclusive Casual Rate $103.05 $104.89 $105.94 $107.79\nStandard Casual Rate $65.08 $66.24 $66.91 $68.07\nThe following casual rates of pay apply from 1 January 2024, or the commencement of the agreement, whichever is the latter:\nCLASSIFICATION\nPay Rates as at\n01/01/2024, or the\ncommencement of the\nagreement, whichever\nis the latter\n1.50% from\n06/06/2024\n2.44% from\n05/12/2024\n1% from\n05/06/2025\n1.93% from\n04/12/2025\nCasual Rates (per hour*)\nTL1C (TL1.6) /(EL1.2) $67.86 $68.88 $70.56 $71.26 $72.64\nEL2C (TL2.1) /(EL2.1) $78.01 $79.18 $81.11 $81.92 $83.50\nHODC (MEL1.1) /(HOD1.1) $90.05 $91.40 $93.63 $94.57 $96.39\nCDC (MEL2.1) /(CD1.1) $106.28 $107.87 $110.51 $111.61 $113.77\nSELC $127.00 $128.91 $132.05 $133.37 $135.94\n* Inclusive of a 25% casual loading in lieu of leave.\nOver Time Rate\nCLASSIFICATION Pay Rates as\nat 09/06/22\n1.79% from\n05/01/2023\n1% from\n08/06/2023\n1.74% from\n07/12/2023\n1.50% from\n06/06/2024\n2.44% from\n05/12/2024\n1% from\n05/06/2025\n1.93% from\n04/12/2025\nOvertime Rate\n(previously Inclusive Rate) $103.05 $104.89 $105.94 $107.79 $109.40 $112.07 $113.19 $115.38\nf_p_n_163_\nPage 161 of 195","sortOrder":2386},{"sectionNumber":"ANNEX B.2","sectionType":"schedule","heading":"ANNEX B - – ATTRACTION AND RETENTION INCENTIVES","content":"ANNEX B - – ATTRACTION AND RETENTION INCENTIVES","sortOrder":2387},{"sectionNumber":"1.1","sectionType":"clause","heading":"This Section (‘the Framework’) sets out the provisions that apply to Attraction and Retention Incentives","content":"This Section (‘the Framework’) sets out the provisions that apply to Attraction and Retention Incentives\n(ARIns).","sortOrder":2388},{"sectionNumber":"1.2.2","sectionType":"clause","heading":"An ARIn may only be agreed and approved in accordance with this Framework.","content":"An ARIn may only be agreed and approved in accordance with this Framework.","sortOrder":2389},{"sectionNumber":"1.3","sectionType":"clause","heading":"ARIns apply to all employee types employed in classifications covered by this Agreement.","content":"ARIns apply to all employee types employed in classifications covered by this Agreement.","sortOrder":2390},{"sectionNumber":"1.4","sectionType":"clause","heading":"Subject to the terms of this Framework, it is a matter for the chief executive’s sole discretion (in consultation","content":"Subject to the terms of this Framework, it is a matter for the chief executive’s sole discretion (in consultation\nwith the head of service) as to whether an ARIn will be offered or continued.","sortOrder":2391},{"sectionNumber":"1.5","sectionType":"clause","heading":"In assessing whether an ARIn should be offered or continued to an employee, the chief executive will consider","content":"In assessing whether an ARIn should be offered or continued to an employee, the chief executive will consider\nthe consequences the provision of the ARIn may have on the Territory’s ability to recruit and/or retain\nemployees to Executive positions.","sortOrder":2392},{"sectionNumber":"1.6","sectionType":"clause","heading":"In this Framework, unless the contrary intention appears:","content":"In this Framework, unless the contrary intention appears:\n1.6.1. ‘Attraction and Retention Incentives’ (ARIns) means additional pay and/or conditions of employment,\nprovided in recognition of the additional requirements of a position that are set out in paragraph 2.3\nand recorded through a written agreement between the chief executive and the employee occupying\nthe position to which the ARIn is to apply.\n1.6.2. ‘Base rate of pay’ in relation to an employee is the rate of pay payable under Annex A of this\nAgreement for the employee’s classification on the date the ARIn commences, or for a review, on the\ndate that the ARIn is approved, or renewed, following a review.\n1.6.3. ‘Chief executive’ means the person occupying the position of chief executive of CIT, or their\nnominated delegate.\n1.6.4. ‘Group ARIn’ means an ARIn approved by the Chief executive, after consideration by the head of\nservice, for a number of related positions with the same classification performing an identical\nfunction in CIT, which is applied to the employees in those positions.\n1.6.5. ‘Head of service’ means the person occupying the position and exercising the powers of the head of\nservice.\n1.6.6. A reference to ‘position, employee, occupant or union’ includes ‘positions, employees, occupants or\nunions’.\n1.6.7. ‘Relevant market data’ may include but is not limited to job sizing assessments, recruitment\nexperience, market surveys and job advertisements.\n1.6.8. The ‘rates of pay component’ of an ARIn refers to enhanced pay rates as per subparagraph 2.4.1 only\nand does not include any additional lump sum or periodic component of an ARIN or any additional\nprovision approved per subparagraph 2.4.2 or subparagraph 2.4.3.","sortOrder":2393},{"sectionNumber":"2.1.2","sectionType":"clause","heading":"The terms and conditions of employment of this Agreement will continue to form the basis for employees","content":"The terms and conditions of employment of this Agreement will continue to form the basis for employees\ncovered by this Agreement. Accordingly, where an ARIn applies to an employee, the terms and conditions of\nthe employee is a combination of both of the following:\n2.1.1. the terms and conditions contained in this Agreement; and\n2.1.2. the terms and conditions contained in the ARIn.","sortOrder":2394},{"sectionNumber":"2.2.2","sectionType":"clause","heading":"The terms and conditions of employment contained in an ARIn prevail over the terms and conditions of","content":"The terms and conditions of employment contained in an ARIn prevail over the terms and conditions of\nemployment contained in this Agreement to the extent of any inconsistency.","sortOrder":2395},{"sectionNumber":"2.3","sectionType":"clause","heading":"In determining whether to offer or continue an ARIn to an employee, the chief executive will have regard to all","content":"In determining whether to offer or continue an ARIn to an employee, the chief executive will have regard to all\nthe following relevant matters:\n2.3.1. whether the position is critical to the operation of CIT;\n2.3.2. whether an employee who occupies the position requires specialised qualifications, skill set and/or\nexperience to perform the requirements of the position;\nf_p_n_164_\nPage 162 of 195\n2.3.3. whether the role and skills required by the employee who occupies the position are in high demand;\n2.3.4. the level at which comparable individuals with skills and qualifications for the role are remunerated\nin the marketplace;\n2.3.5. the difficulty and cost associated with recruiting to the position;\n2.3.6. any other matter considered relevant to determining whether or not an ARIn would be appropriate\nin the circumstances.","sortOrder":2396},{"sectionNumber":"2.4","sectionType":"clause","heading":"An ARIn may contain:","content":"An ARIn may contain:\n2.4.1. enhanced pay rates;\n2.4.2. enhanced superannuation contribution rates;\n2.4.3. other terms and conditions of employment where the Chief executive considers there is a clear,\nunambiguous, and exceptional need.","sortOrder":2397},{"sectionNumber":"2.5","sectionType":"clause","heading":"The terms of the ARIn instrument must contain provisions setting out","content":"The terms of the ARIn instrument must contain provisions setting out\n2.5.1. the expiry date of the ARIn;\n2.5.2. the level of the employee’s base rate of pay;\n2.5.3. the pay component, any other terms and conditions of employment that are to apply under the ARIn,\nand the total dollar value of the ARIn;\n2.5.4. the requirement that the terms and conditions of the employee will revert to the applicable rates of\npay and terms and conditions of employment under this Agreement in the event the ARIn ceases to\noperate or is terminated; and\n2.5.5. the terms of this Framework are included by reference.","sortOrder":2398},{"sectionNumber":"3.3","sectionType":"clause","heading":"No Overall Reduction in Terms and Conditions","content":"No Overall Reduction in Terms and Conditions","sortOrder":2399},{"sectionNumber":"3.1","sectionType":"clause","heading":"An ARIn must not be agreed where it would result, when assessed as a whole, in a reduction in the overall","content":"An ARIn must not be agreed where it would result, when assessed as a whole, in a reduction in the overall\nterms and conditions of employment provided for the employee under this Agreement.","sortOrder":2400},{"sectionNumber":"3.2.2","sectionType":"clause","heading":"An ARIn cannot provide terms and conditions that are less favourable than the National Employment","content":"An ARIn cannot provide terms and conditions that are less favourable than the National Employment\nStandards or the rates of pay set out in this Agreement for the same work at the same classification level.","sortOrder":2401},{"sectionNumber":"3.3.2","sectionType":"clause","heading":"Where it is proposed that an ARIn will replace or reduce a condition of employment contained in this","content":"Where it is proposed that an ARIn will replace or reduce a condition of employment contained in this\nAgreement, the chief executive will consult with the relevant union with coverage of the position through the\nOffice of Industrial Relations and Workplace Strategy (‘OIRWS’) about the proposed change prior to the\nprovision of a written submission to the head of service for consideration.","sortOrder":2402},{"sectionNumber":"3.4","sectionType":"clause","heading":"In consulting with the OIRWS and union in accordance with paragraph 3.3, the chief executive will:","content":"In consulting with the OIRWS and union in accordance with paragraph 3.3, the chief executive will:\n3.4.1. provide the OIRWS and union with relevant information about the position and the proposed\nchange;\n3.4.2. give the union a reasonable opportunity to consider this information and, if the union wishes,\nprovide written views to the chief executive within fourteen days; and\n3.4.3. consider any views offered by the union before deciding to enter into the ARIn.","sortOrder":2403},{"sectionNumber":"3.5","sectionType":"clause","heading":"Information that the chief executive provides to the union under this section will not include information that","content":"Information that the chief executive provides to the union under this section will not include information that\nmight directly or indirectly disclose the identity of the particular employee unless the employee consents to its\nrelease.","sortOrder":2404},{"sectionNumber":"4","sectionType":"clause","heading":"ARIn Requirements During a Recruitment Process","content":"ARIn Requirements During a Recruitment Process\nAdvertising with an ARIn","sortOrder":2405},{"sectionNumber":"4.1","sectionType":"clause","heading":"Where a proposed ARIn is not within the scope of a Group ARIn, a recruitment selection process may","content":"Where a proposed ARIn is not within the scope of a Group ARIn, a recruitment selection process may\nincorporate an ARIn by advertising the position at a higher package value, comprising the relevant Agreement\nrate of pay plus an identified ARIn amount.\nf_p_n_165_\nPage 163 of 195","sortOrder":2406},{"sectionNumber":"4.2","sectionType":"clause","heading":"In these circumstances pre-approval of the ARIn through a Comprehensive Submission is required prior to","content":"In these circumstances pre-approval of the ARIn through a Comprehensive Submission is required prior to\nadvertising. When the ARIn is implemented (after the employee commences), a second Comprehensive\nSubmission to the head of service is not required.\nOffering an ARIn as part of a job offer","sortOrder":2407},{"sectionNumber":"4.3","sectionType":"clause","heading":"Where a proposed ARIn is not within the scope of a Group ARIn, a recruitment selection process at the offer","content":"Where a proposed ARIn is not within the scope of a Group ARIn, a recruitment selection process at the offer\nstage may incorporate an ARIn as part of the offer of employment.","sortOrder":2408},{"sectionNumber":"4.4","sectionType":"clause","heading":"In such circumstances the recruitment material and advertisement must state the position rate of pay set out","content":"In such circumstances the recruitment material and advertisement must state the position rate of pay set out\nin this Agreement, and state that an ARIn may be available to the successful applicant.\n4.4.1. This approach is not recommended as a better field of applicants may be attracted when a position is\nadvertised with a higher package identified up front.","sortOrder":2409},{"sectionNumber":"4.5","sectionType":"clause","heading":"In these circumstances pre-approval of the ARIn through a Comprehensive Submission is not required prior to","content":"In these circumstances pre-approval of the ARIn through a Comprehensive Submission is not required prior to\nadvertising, but if an ARIn is ultimately proposed to be offered to the successful applicant, approval is required\nthrough a Comprehensive Submission prior to the offer being made. Time for the review process to occur must\nbe anticipated in the recruitment process.\nAdvertising Group ARIns","sortOrder":2410},{"sectionNumber":"4.6","sectionType":"clause","heading":"When a position to be advertised is covered by a current Group ARIn, there is no need for a further","content":"When a position to be advertised is covered by a current Group ARIn, there is no need for a further\nComprehensive Submission (as it has already been completed as part of the Group ARIn approval process). As\nsuch, while the position remains covered by the scope of a Group ARIn, it will automatically apply and should\nbe included in the advertisement.\nARIn Requirements","sortOrder":2411},{"sectionNumber":"4.7","sectionType":"clause","heading":"Where an ARIn is used as part of a recruitment process:","content":"Where an ARIn is used as part of a recruitment process:\n4.7.1. the total package (excluding superannuation) should be disclosed and disaggregated to show:\n4.7.1.1. the relevant Agreement rate; and\n4.7.1.2. the content of the ARIn, which is reviewable under the terms of this Agreement.","sortOrder":2412},{"sectionNumber":"4.8","sectionType":"clause","heading":"The nature of the information disclosed at the point of advertising will depend on the type of ARIn used, but","content":"The nature of the information disclosed at the point of advertising will depend on the type of ARIn used, but\napplicants should be made aware the ARIn:\n4.8.1. is reviewable in accordance with the ARIn Framework;\n4.8.2. may be terminated, or have its value adjusted (either up or down); and\n4.8.3. must continue to meet the eligibility criteria, including consideration of relevant market rates and/or\nchanges to the operational requirements of CIT.","sortOrder":2413},{"sectionNumber":"5.1","sectionType":"clause","heading":"An ARIn that is applied to a position, and to the employee occupying the position to which the ARIn applies,","content":"An ARIn that is applied to a position, and to the employee occupying the position to which the ARIn applies,\nwhich is covered by this Agreement on the day before the Agreement commenced operation will continue in\naccordance with the provisions of this Framework.","sortOrder":2414},{"sectionNumber":"6.1","sectionType":"clause","heading":"The chief executive may approve an ARIn as follows.","content":"The chief executive may approve an ARIn as follows.\nProject ARIns","sortOrder":2415},{"sectionNumber":"6.2","sectionType":"clause","heading":"A Project ARIn requires:","content":"A Project ARIn requires:\n6.2.1. the additional remuneration meets the criteria in paragraph 2.1 of this Framework;\n6.2.2. a term no longer than 36 months; and\n6.2.3. the employee’s work to which the ARIn is attached is associated with the employee’s role in a\nspecified project with a finite term.","sortOrder":2416},{"sectionNumber":"6.3","sectionType":"clause","heading":"A Project ARIn cannot be renewed and will cease to operate on the date specified in the ARIn for cessation of","content":"A Project ARIn cannot be renewed and will cease to operate on the date specified in the ARIn for cessation of\nthe position’s involvement in the project, or the date of completion of the project, whichever date is the\nearlier.\nf_p_n_166_\nPage 164 of 195","sortOrder":2417},{"sectionNumber":"6.4","sectionType":"clause","heading":"A Comprehensive Submission is required to establish a Project ARIn, but no further reviews are required.","content":"A Comprehensive Submission is required to establish a Project ARIn, but no further reviews are required.","sortOrder":2418},{"sectionNumber":"6.5","sectionType":"clause","heading":"Where required, a subsequent new Project ARIn may be offered once only. Where this occurs, a","content":"Where required, a subsequent new Project ARIn may be offered once only. Where this occurs, a\nComprehensive Submission is required.\nFixed Term ARIns","sortOrder":2419},{"sectionNumber":"6.6","sectionType":"clause","heading":"A Fixed Term ARIn requires:","content":"A Fixed Term ARIn requires:\n6.6.1. that the additional remuneration meets the criteria in paragraph 2.3 of this Framework;\n6.6.2. a term no longer than 12 months.","sortOrder":2420},{"sectionNumber":"6.7","sectionType":"clause","heading":"A Comprehensive Submission is required to establish a Fixed Term ARIn, but no further reviews are required.","content":"A Comprehensive Submission is required to establish a Fixed Term ARIn, but no further reviews are required.","sortOrder":2421},{"sectionNumber":"6.8","sectionType":"clause","heading":"A Fixed Term ARIn cannot be varied or renewed and will automatically cease on its specified expiry date.","content":"A Fixed Term ARIn cannot be varied or renewed and will automatically cease on its specified expiry date.\nRenewable ARIns","sortOrder":2422},{"sectionNumber":"6.9","sectionType":"clause","heading":"A Renewable ARIn requires:","content":"A Renewable ARIn requires:\n6.9.1. the additional remuneration to meet the criteria in paragraph 2.3 of this Framework;\n6.9.2. a term no longer than 36 months.","sortOrder":2423},{"sectionNumber":"6.10","sectionType":"clause","heading":"A Renewable Term ARIn will cease to operate on the date specified in the ARIn.","content":"A Renewable Term ARIn will cease to operate on the date specified in the ARIn.","sortOrder":2424},{"sectionNumber":"6.11","sectionType":"clause","heading":"A Renewable ARIn will cease to operate where the ARIn is reviewed in accordance with section 7 of this","content":"A Renewable ARIn will cease to operate where the ARIn is reviewed in accordance with section 7 of this\nFramework and the chief executive determines following the review that the ARIn should no longer apply. The\ndate of effect of the ARIn cessation is the date that is at least ninety days after the date notice is provided to\nthe employee of cessation of the ARIn, or on an earlier date if agreed by the employee.","sortOrder":2425},{"sectionNumber":"6.12","sectionType":"clause","heading":"A Comprehensive Submission is required to establish a Renewable ARIn.","content":"A Comprehensive Submission is required to establish a Renewable ARIn.","sortOrder":2426},{"sectionNumber":"6.13","sectionType":"clause","heading":"A Renewable ARIn requires a Renewal Submission no more than 18 months from commencement or from the","content":"A Renewable ARIn requires a Renewal Submission no more than 18 months from commencement or from the\nlast Renewal or Comprehensive Submission.\n6.13.1. The purpose of the Renewal Submission is to determine whether the chief executive continues to\nconsider that it is appropriate to provide an employee occupying the position to which the ARIn\napplies with the terms and conditions of employment provided by the ARIn.\nGroup ARIns","sortOrder":2427},{"sectionNumber":"6.14","sectionType":"clause","heading":"Where it is proposed that identical ARIns are to apply to a group of positions performing identical functions at","content":"Where it is proposed that identical ARIns are to apply to a group of positions performing identical functions at\nthe same classification level within CIT, this may be done as a single ‘block’ approval giving rise to a Group\nARIn.","sortOrder":2428},{"sectionNumber":"6.15","sectionType":"clause","heading":"A Group ARIn requires:","content":"A Group ARIn requires:\n6.15.1. the additional remuneration to meet the criteria in paragraph 2.3 of this Framework; and\n6.15.2. a term no longer than three years; and\n6.15.3. a group of positions and employees performing identical functions at the same classification level,\napproved in a block in accordance with paragraph 6.14 for a period of up to three years.","sortOrder":2429},{"sectionNumber":"6.16","sectionType":"clause","heading":"A Comprehensive Submission is required to:","content":"A Comprehensive Submission is required to:\n6.16.1. establish a Group ARIn;\n6.16.2. at the midpoint of this Agreement term; and\n6.16.3. prior to the nominal expiry date of this Agreement.","sortOrder":2430},{"sectionNumber":"6.17","sectionType":"clause","heading":"Following a review and consultation with the head of service, the chief executive will determine whether:","content":"Following a review and consultation with the head of service, the chief executive will determine whether:\n6.17.1. the ARIn should be renewed (in the same or different terms);\n6.17.2. ceased in accordance with paragraph 6.21 or\n6.17.3. in the case of a review conducted in accordance with paragraph 6.16.3, the additional pay\ncomponent of the ARIn should be incorporated into base rates of pay in any subsequent Agreement.\nf_p_n_167_\nPage 165 of 195","sortOrder":2431},{"sectionNumber":"6.18","sectionType":"clause","heading":"To establish a Group ARIn only one Comprehensive Submission needs to be made in accordance with section 7","content":"To establish a Group ARIn only one Comprehensive Submission needs to be made in accordance with section 7\nof this Framework in relation to the group of positions as identified in the submission to the head of service.","sortOrder":2432},{"sectionNumber":"6.19","sectionType":"clause","heading":"If following a review under section 7 the chief executive determines that the ARIn should be renewed (on the","content":"If following a review under section 7 the chief executive determines that the ARIn should be renewed (on the\nsame or different terms) the revised ARIn will apply to all employees in the specified positions or class of\npositions.","sortOrder":2433},{"sectionNumber":"6.20","sectionType":"clause","heading":"Employees may be offered a Group ARIn during the term the Group ARIn is in effect. Each employee in a","content":"Employees may be offered a Group ARIn during the term the Group ARIn is in effect. Each employee in a\nposition covered by the Group ARIn will be provided with an individual ARIn providing the same benefits and\nexpiration date.","sortOrder":2434},{"sectionNumber":"6.21","sectionType":"clause","heading":"A Group ARIn will cease to operate where the ARIn is reviewed in accordance with section 7 of this Framework","content":"A Group ARIn will cease to operate where the ARIn is reviewed in accordance with section 7 of this Framework\nand the chief executive determines following the review that the ARIn should no longer apply. The date of\neffect of the ARIn cessation is the date that is at least ninety days after the date notice is provided to the\nemployee of cessation of the ARIn, or on an earlier date if agreed by the employee.","sortOrder":2435},{"sectionNumber":"7.1","sectionType":"clause","heading":"In reviewing an ARIn, the chief executive must have regard to the matters to be considered at paragraph 2.3.","content":"In reviewing an ARIn, the chief executive must have regard to the matters to be considered at paragraph 2.3.\nThe chief executive must also take into consideration relevant market data.","sortOrder":2436},{"sectionNumber":"7.2","sectionType":"clause","heading":"To commence, cease or change any ARIn, a Comprehensive Submission to the head of service is required.","content":"To commence, cease or change any ARIn, a Comprehensive Submission to the head of service is required.\nSpecifically, a Comprehensive Submission is required to be submitted where:\n7.2.1. a preliminary view is formed by the chief executive that the position ceases to be critical to the\noperation of CIT;\n7.2.2. a preliminary view is formed by the chief executive that the employee ceases to hold the required\nspecialist qualifications or specialist attributes;\n7.2.3. a new ARIn (Project ARIn, Fixed Term ARIn, Renewable ARIn or Group ARIn) is being proposed for an\nexisting employee or group of employees;\n7.2.4. in relation to a Renewable ARIn, three years have elapsed since the last Comprehensive Submission;\n7.2.5. in relation to a Group ARIn, to establish a Group ARIn and no more than three years from either\ncommencement or from the last Comprehensive Submission and prior to the date of expiry of this\nAgreement;\n7.2.6. a position is to be advertised with a rate of pay which includes the proposed ARIn amount; or\n7.2.7. a variation is being proposed to an existing Renewable ARIn or Group ARIn.","sortOrder":2437},{"sectionNumber":"7.3","sectionType":"clause","heading":"A Comprehensive Submission must:","content":"A Comprehensive Submission must:\n7.3.1. address the matters to be considered at paragraph 2.3 of this Framework; and\n7.3.2. address whether the substantive position is correctly classified; and\n7.3.3. address whether the position’s job description and/or organisation structure of CIT can be adjusted\nto mitigate the need for an ARIn; and\n7.3.4. where the chief executive considers that there is a compelling reason for CIT to pay enhanced rates\nof pay in excess of 50% of the base rate of pay for the position’s classification, the chief executive will\nprovide the OIRWS details of that compelling reason, including appropriate evidence and supporting\nremuneration data.","sortOrder":2438},{"sectionNumber":"7.4","sectionType":"clause","heading":"When a recruitment selection process is proposed to include a pre-approved ARIn, the Comprehensive","content":"When a recruitment selection process is proposed to include a pre-approved ARIn, the Comprehensive\nSubmission must:\n7.4.1. address the circumstances of the recruitment selection process (i.e., why an ARIn is necessary to be\nincluded in the advertised rate);\n7.4.2. demonstrate the position (or a similar position) has recently been advertised without an ARIn and did\nnot attract a suitable field or provide evidence that advertising at the Agreement rate will not attract\na suitable field; and\nf_p_n_168_\nPage 166 of 195\n7.4.3. set out the reasons in support of the ARIn itself (i.e., why the position meets the ARIn eligibility\ncriteria).\nRenewal Submission","sortOrder":2439},{"sectionNumber":"7.5","sectionType":"clause","heading":"Where, following head of service consideration of a Comprehensive Submission and a Renewable ARIn is","content":"Where, following head of service consideration of a Comprehensive Submission and a Renewable ARIn is\napproved by the chief executive, it must be reassessed no more than 18 months later through a Renewal\nSubmission.","sortOrder":2440},{"sectionNumber":"7.6","sectionType":"clause","heading":"A Renewal Submission is required to be completed where:","content":"A Renewal Submission is required to be completed where:\n7.6.1. it is proposed that a Renewable ARIn should be renewed on the same terms;\n7.6.2. an employee who is party to a Fixed Term, Renewable or Project ARIn temporarily vacates the\nposition to which the ARIn relates, and it is being proposed that the ARIn be provided to the\nemployee who is acting in the vacated position; or\n7.6.3. an employee who is party to a Fixed Term, Renewable or Project ARIn temporarily vacates the\nposition to which the ARIn relates for a period of ninety days or more, and it is being proposed that\nthe ARIn apply to the employee upon the employee’s return to the position.\nOverdue Submissions","sortOrder":2441},{"sectionNumber":"7.7","sectionType":"clause","heading":"A Comprehensive or Renewal Submission due under this Agreement must be completed before the due date.","content":"A Comprehensive or Renewal Submission due under this Agreement must be completed before the due date.","sortOrder":2442},{"sectionNumber":"7.8","sectionType":"clause","heading":"Where a Comprehensive or Renewal Submission is not completed before the due date, CIT will within one","content":"Where a Comprehensive or Renewal Submission is not completed before the due date, CIT will within one\nweek of the due date passing:\n7.8.1. notify the employee(s) covered by the ARIn of the delay;\n7.8.2. provide reasons for the delay to the head of service; and\n7.8.3. develop and implement a plan to ensure the review is completed within three months.","sortOrder":2443},{"sectionNumber":"7.9","sectionType":"clause","heading":"If the review is not completed within the three-month period, the head of service will arrange for the review","content":"If the review is not completed within the three-month period, the head of service will arrange for the review\nto be completed expeditiously.","sortOrder":2444},{"sectionNumber":"7.10","sectionType":"clause","heading":"The ARIn will continue until the review is completed in accordance with either subparagraph 7.8.3 or","content":"The ARIn will continue until the review is completed in accordance with either subparagraph 7.8.3 or\nparagraph 7.9.","sortOrder":2445},{"sectionNumber":"8.1","sectionType":"clause","heading":"Nothing in this section is intended to reduce overall terms and conditions.","content":"Nothing in this section is intended to reduce overall terms and conditions.","sortOrder":2446},{"sectionNumber":"8.2","sectionType":"clause","heading":"The employee may invite a union or other employee representative to assist or represent their interests during","content":"The employee may invite a union or other employee representative to assist or represent their interests during\nconsultation.\nEstablishment","sortOrder":2447},{"sectionNumber":"8.3","sectionType":"clause","heading":"The chief executive must consult on the proposed terms of an ARIn with the employee to whom the ARIn is to","content":"The chief executive must consult on the proposed terms of an ARIn with the employee to whom the ARIn is to\napply, prior to the ARIn being approved; except where the ARIn is to be included as part of a recruitment\nprocess and there is no retrospective employee recruited at that stage.\nRenewal or Cessation","sortOrder":2448},{"sectionNumber":"8.4","sectionType":"clause","heading":"If the position to which the ARIn applies is occupied when undertaking a review of the ARIn, the chief","content":"If the position to which the ARIn applies is occupied when undertaking a review of the ARIn, the chief\nexecutive will consult with the employee occupying the position to which the ARIn applies.","sortOrder":2449},{"sectionNumber":"8.5","sectionType":"clause","heading":"Where the employee occupying the position for which the ARIn is being reviewed is on long-term leave or is","content":"Where the employee occupying the position for which the ARIn is being reviewed is on long-term leave or is\nnot responsive, reasonable attempts must be made to consult with the employee, or the employee’s\nrepresentative. If such reasonable attempts to consult with the employee are unsuccessful, then the chief\nexecutive may proceed with the review without the input of the employee.","sortOrder":2450},{"sectionNumber":"8.6","sectionType":"clause","heading":"Upon completion of the review the chief executive will notify the affected employee(s) in writing, and where","content":"Upon completion of the review the chief executive will notify the affected employee(s) in writing, and where\nrelevant their representative(s), of the preliminary outcomes and reasons for the decision. The chief executive\nwill provide the employee(s) and their representative(s) 14 days in which to provide a written response for\nconsideration by the chief executive before making a final decision.\nNo Overall Reduction in Terms and Conditions\nf_p_n_169_\nPage 167 of 195","sortOrder":2451},{"sectionNumber":"8.7","sectionType":"clause","heading":"Where the terms of paragraph 3.3 are met, the chief executive must consult with the relevant union in","content":"Where the terms of paragraph 3.3 are met, the chief executive must consult with the relevant union in\naccordance with paragraph 3.3.","sortOrder":2452},{"sectionNumber":"9.1","sectionType":"clause","heading":"The chief executive may only approve an ARIn when the following has occurred:","content":"The chief executive may only approve an ARIn when the following has occurred:\n9.1.1. Taking into account the matters to be considered under paragraph 2.1 of this Framework, the chief\nexecutive in his or her sole discretion considers that it is appropriate to provide an employee with\nterms and conditions of employment that are in excess of those which are ordinarily provided for\nunder this Agreement.\n9.1.2. The consultation requirements in section 8 of this Framework have been met.\n9.1.3. The review requirements in section 7 of this Framework have been met.","sortOrder":2453},{"sectionNumber":"9.2","sectionType":"clause","heading":"Before approving an ARIn the chief executive must consider the views of the head of service.","content":"Before approving an ARIn the chief executive must consider the views of the head of service.","sortOrder":2454},{"sectionNumber":"10.1","sectionType":"clause","heading":"The rates of pay component of an ARIn will count as pay for all purposes including superannuation and for the","content":"The rates of pay component of an ARIn will count as pay for all purposes including superannuation and for the\npurposes of calculating the rate of pay for annual leave, long service leave, paid personal leave, paid maternity\nleave, redundancy payments and other paid leave granted under this Agreement. If leave is on reduced pay or\nwithout pay, the pay component of the ARIn must be reduced proportionately.","sortOrder":2455},{"sectionNumber":"10.2","sectionType":"clause","heading":"Normal incremental advancement (where available) and pay and superannuation increases contained in","content":"Normal incremental advancement (where available) and pay and superannuation increases contained in","sortOrder":2456},{"sectionNumber":"SECTION C.2","sectionType":"part","heading":"SECTION C - of this Agreement will continue to apply in relation to the substantive classification of the employee","content":"SECTION C - of this Agreement will continue to apply in relation to the substantive classification of the employee\nin receipt of an ARIn. Pay increase percentages will not apply to the pay component of an ARIn unless specified\nin the ARIn.","sortOrder":2457},{"sectionNumber":"10.3","sectionType":"clause","heading":"Any payments made pursuant to paragraph 10.2 of this Framework are paid in addition to the ARIn i.e. this","content":"Any payments made pursuant to paragraph 10.2 of this Framework are paid in addition to the ARIn i.e. this\nmeans the ARIn payment does not absorb increases paid pursuant to paragraph 10.2.","sortOrder":2458},{"sectionNumber":"10.4","sectionType":"clause","heading":"The rates of pay component of an ARIn is payable by fortnightly instalment or lump sum.","content":"The rates of pay component of an ARIn is payable by fortnightly instalment or lump sum.","sortOrder":2459},{"sectionNumber":"10.5","sectionType":"clause","heading":"The additional pay component provided under an ARIn may be used for the purposes of salary sacrifice","content":"The additional pay component provided under an ARIn may be used for the purposes of salary sacrifice\narrangements in accordance with the Salary Sacrifice Arrangement provisions of this Agreement. Where an\nemployee salary sacrifices any part of the terms of an ARIn and, in accordance with this Framework, the ARIn\nceases to apply, the employee must notify the salary sacrifice arrangement provider that the terms of the ARIn\ncan no longer be packaged.\n10.5.1. The pay component of an ARIn cannot be directly linked to performance pay.","sortOrder":2460},{"sectionNumber":"10.6","sectionType":"clause","heading":"An ARIn will be paid proportionately on a pro-rata basis where the employee is part time. Where the","content":"An ARIn will be paid proportionately on a pro-rata basis where the employee is part time. Where the\nscheduled part time hours worked by an employee to which the ARIn applies are amended the ARIn reduces\n(or increases) proportionately.","sortOrder":2461},{"sectionNumber":"10.7","sectionType":"clause","heading":"ARIn’s are generally not paid retrospectively, but with the approval of the head of service may be for up to 3","content":"ARIn’s are generally not paid retrospectively, but with the approval of the head of service may be for up to 3\nmonths.","sortOrder":2462},{"sectionNumber":"10.8","sectionType":"clause","heading":"The ARIn will commence from whichever is the latter (unless an earlier date has been agreed by the head of","content":"The ARIn will commence from whichever is the latter (unless an earlier date has been agreed by the head of\nservice in accordance with paragraph 10.7):\n10.8.1. the date specified in the ARIn; or\n10.8.2. the date of final approval by the chief executive after the requirements of section 6 are met.","sortOrder":2463},{"sectionNumber":"10.9","sectionType":"clause","heading":"An ARIn will cease to apply to an employee on the date that employee vacates the position to which the ARIn","content":"An ARIn will cease to apply to an employee on the date that employee vacates the position to which the ARIn\napplies, including when the employee becomes unattached or is temporarily transferred to another position.\n10.9.1. A Renewal Submission is required to be completed where an ARIn is to apply to another employee\nwho occupies the vacated position, unless the position and the other employee are covered by the\nsame Group ARIn. A renewal submission will be required in these circumstances.\n10.9.2. The ARIn will automatically apply to the employee upon their return to the vacated position. A\nrenewal submission will not be required in these circumstances.\nf_p_n_170_\nPage 168 of 195","sortOrder":2464},{"sectionNumber":"10.10","sectionType":"clause","heading":"An ARIn will cease to apply to an employee in relation to a sanction arising from a misconduct or","content":"An ARIn will cease to apply to an employee in relation to a sanction arising from a misconduct or\nunderperformance matter, on the date the sanction is to apply where the delegate determines that the\nsanction to be applied to the employee is termination of the application of the ARIn.","sortOrder":2465},{"sectionNumber":"10.11","sectionType":"clause","heading":"An ARIn will cease to apply to an employee on the date an employee loses the qualification, or registration","content":"An ARIn will cease to apply to an employee on the date an employee loses the qualification, or registration\nwhich allows them to perform the duties of the position to which the ARIn relates.\nf_p_n_171_\nPage 169 of 202","sortOrder":2466},{"sectionNumber":"ANNEX C.2","sectionType":"schedule","heading":"ANNEX C - – EXPENSE, DISABILITY AND SKILL RELTAED ALLOWANCES","content":"ANNEX C - – EXPENSE, DISABILITY AND SKILL RELTAED ALLOWANCES\nAdvanced First Aid\nClassification Any\nEmployee Type Any\nDescription An employee is eligible for an allowance relevant to their qualification for any day or part-day they are on duty in the workplace to perform the duties\nof a first aid officer if all the following apply:","sortOrder":2467},{"sectionNumber":"1.7","sectionType":"clause","heading":"They are designated as the primary contact for first aid to perform the duties of a first aid officer.","content":"They are designated as the primary contact for first aid to perform the duties of a first aid officer.","sortOrder":2468},{"sectionNumber":"2.6","sectionType":"clause","heading":"They hold one of the following qualifications required for that role.","content":"They hold one of the following qualifications required for that role.\na. Advanced level qualification which provides competencies required to apply advanced first aid procedures and advanced first aid response in\na workplace environment.\nb. Occupational or specialist level qualification which provides the employee with the ability to completely render first aid in the workplace in\nthe context of work health and safety legislation.\nConditions All the following conditions apply:","sortOrder":2469},{"sectionNumber":"1.8","sectionType":"clause","heading":"Where the qualification of an employee who is in receipt of the allowance is no longer current, the chief executive may allow the continued","content":"Where the qualification of an employee who is in receipt of the allowance is no longer current, the chief executive may allow the continued\npayment of the allowance for a short period to allow for re-qualification.","sortOrder":2470},{"sectionNumber":"2.7","sectionType":"clause","heading":"The chief executive may reimburse fees for renewal of qualifications and relevant courses incurred by an employee who is eligible to be paid a","content":"The chief executive may reimburse fees for renewal of qualifications and relevant courses incurred by an employee who is eligible to be paid a\nfirst aid allowance.","sortOrder":2471},{"sectionNumber":"3.6","sectionType":"clause","heading":"Where an employee holds more than one first aid qualification, the employee will be paid an allowance only for the qualification which attracts","content":"Where an employee holds more than one first aid qualification, the employee will be paid an allowance only for the qualification which attracts\nthe higher payment.","sortOrder":2472},{"sectionNumber":"4.9","sectionType":"clause","heading":"The allowance must not be included in salary for overtime or penalty payments.","content":"The allowance must not be included in salary for overtime or penalty payments.","sortOrder":2473},{"sectionNumber":"5","sectionType":"clause","heading":"Where an employee who normally undertakes first aid functions is absent and another employee who is qualified in first aid undertakes all the","content":"Where an employee who normally undertakes first aid functions is absent and another employee who is qualified in first aid undertakes all the\nduties for which the allowance is paid, the relieving employee is entitled to be paid the allowance appropriate to that employee’s qualifications.\nPay rate at\n9/6/22\n1.79% from\n05/01/2023\n1% from\n08/06/2023\n1.74% from\n07/12/2023\n1.5% from\n06/06/2024\n2.44% from\n05/12/2024\n1% from\n05/06/2025\n1.93% from\n04/12/2025\nPer day (1) Advanced level: $3.67 $3.74 $3.77 $3.84 $3.90 $3.99 $4.03 $4.11\nPer day (2) Occupational or specialist: $4.36 $4.44 $4.48 $4.56 $4.63 $4.74 $4.79 $4.88\nPayment on\nLeave\nNot paid during any type of unpaid leave\nExclusions The allowance is not payable to either of the following:","sortOrder":2474},{"sectionNumber":"1.9","sectionType":"clause","heading":"An employee who, as part of their normal duties, is required to maintain a first aid qualification.","content":"An employee who, as part of their normal duties, is required to maintain a first aid qualification.","sortOrder":2475},{"sectionNumber":"2.8","sectionType":"clause","heading":"An employee who receives Corporate Citizens allowance for their role as a First Aid Officer or Fire Warden.","content":"An employee who receives Corporate Citizens allowance for their role as a First Aid Officer or Fire Warden.\nDefinitions Workplace means a work location at which the employee, and one or more work colleagues, performs duty.\nNote: It does not include the home location when working from home.\nAllowance Type Qualification\nf_p_n_172_\nPage 170 of 202\nCommunity Language\nClassification Any\nEmployee Type Any\nDescription Employees whose duties involve communication on a regular basis in languages other than English, including Deaf Oral language, Deaf Sign language\nand Aboriginal languages, will be paid an allowance if their language competence meets the required National Accreditation Authority for Translators\nand Interpreters (NAATI) level, as follows:\nPay rate at\n9/6/22\n1.79% from\n05/01/2023\n1% from\n08/06/2023\n1.74% from\n07/12/2023\n1.5% from\n06/06/2024\n2.44% from\n05/12/2024\n1% from\n05/06/2025\n1.93% from\n04/12/2025\nRate/Frequency Per annum (paid in equal fortnightly\ninstalments)\n(1) Community Language Aide (NAATI\nLevel 1):\n$1,288 $1,311.06 $1,324.17 $1,347.21 $1,367.41 $1,400.7\n$1,414.79 $1,442.09\nPer annum (paid in equal fortnightly\ninstalments)\n(2) Certified Provisional Interpreter\n(NAATI Level 2):\n$2,573 $2,619.06 $2,645.25 $2,691.27 $2,731.64 $2,798.3\n$2,826.28 $2,880.83\nPayment on\nLeave\nThe allowance is payable during paid personal leave, annual leave and long service leave, pro-rata where appropriate, but not during any other\nperiod of leave.\nNotes 1. Eligible part-time employees are entitled to receive the allowance on a pro-rata basis.","sortOrder":2476},{"sectionNumber":"2.9","sectionType":"clause","heading":"Where assessment in a language is not offered by NAATI, the chief executive may approve assessment by another individual or body that has the","content":"Where assessment in a language is not offered by NAATI, the chief executive may approve assessment by another individual or body that has the\nnecessary expertise to assess the language skills and has sufficient knowledge of NAATI levels and competencies required to determine the\nappropriate rate of allowance.","sortOrder":2477},{"sectionNumber":"3.7","sectionType":"clause","heading":"The chief executive should arrange accreditation testing, and pay any associated fees.","content":"The chief executive should arrange accreditation testing, and pay any associated fees.","sortOrder":2478},{"sectionNumber":"4.10","sectionType":"clause","heading":"Until such time as recognition by NAATI, or an alternative provider, is available, the chief executive may approve the payment at Community","content":"Until such time as recognition by NAATI, or an alternative provider, is available, the chief executive may approve the payment at Community\nLanguage Aide (NAATI Level 1) to an employee on the certification of the employee’s supervisor.","sortOrder":2479},{"sectionNumber":"5.2","sectionType":"clause","heading":"The allowance may be paid from the date of an employee’s application for payment, or from the date at which the chief executive determines the","content":"The allowance may be paid from the date of an employee’s application for payment, or from the date at which the chief executive determines the\nneed for the language has been demonstrated.","sortOrder":2480},{"sectionNumber":"6","sectionType":"clause","heading":"Payment of the allowance should be reviewed annually, or whenever the employment status of a recipient changes (e.g. upon the recipient’s","content":"Payment of the allowance should be reviewed annually, or whenever the employment status of a recipient changes (e.g. upon the recipient’s\npromotion or temporary transfer).\nSuch reviews should address whether there is a continuing need for communication in a language other than English.\nAllowance Type Qualification\nf_p_n_173_\nPage 171 of 202\nCorporate Citizens\nClassification Any\nEmployee Type Any\nDescription An employee is eligible for an allowance for any day or part-day they are designated and available to perform the duties of one of the following roles:","sortOrder":2481},{"sectionNumber":"1.10","sectionType":"clause","heading":"First Aid Officer. The employee must be designated as the primary contact for first aid and perform the duties of a first aid officer in a workplace","content":"First Aid Officer. The employee must be designated as the primary contact for first aid and perform the duties of a first aid officer in a workplace\nor work group. They must hold a base level or higher first aid qualification that is a nationally recognised statement of attainment in providing\nfirst aid issued by a registered training organisation that is accredited to deliver first aid training and to issue qualifications for nationally\nendorsed first aid unit(s) of competency. This would normally provide competencies required to recognise and respond to common life-\nthreatening injuries or illnesses including: life-support using cardiopulmonary resuscitation (CPR), and management of the casualty and incident\nuntil the arrival of medical or other assistance, as well as treatment of minor illnesses and injuries.\nIf the qualification of an employee who is in receipt of the allowance is no longer current, the chief executive may allow the continued payment of\nthe allowance for a short period to allow for re-qualification.\nThe chief executive may reimburse fees for renewal of an employee’s first aid qualification.","sortOrder":2482},{"sectionNumber":"2.10","sectionType":"clause","heading":"Fire Warden. The employee must be a designated fire warden in a workplace or work group who has completed the","content":"Fire Warden. The employee must be a designated fire warden in a workplace or work group who has completed the\nappropriate training. All Fire Warden training will be provided at no cost to the employee.","sortOrder":2483},{"sectionNumber":"3.8","sectionType":"clause","heading":"Elected and Trained Health and Safety Representative (HSR). The employee must be a member of a work group, elected by that work group as","content":"Elected and Trained Health and Safety Representative (HSR). The employee must be a member of a work group, elected by that work group as\nan HSR in accordance with Part 5 of the Work Health and Safety Act 2011 and must have successfully completed a recognised HSR training\nprogram approved by WorkSafe\nACT. An employee elected as a Deputy HSR is not eligible for the allowance unless they are performing the duties of the HSR in the HSR’s absence.\nConditions All the following conditions apply:","sortOrder":2484},{"sectionNumber":"1.11","sectionType":"clause","heading":"The allowance must not be included in salary for overtime or penalty payments.","content":"The allowance must not be included in salary for overtime or penalty payments.","sortOrder":2485},{"sectionNumber":"2.11","sectionType":"clause","heading":"If an employee who normally undertakes a role is absent and another employee who is qualified to perform all the duties for which the allowance is","content":"If an employee who normally undertakes a role is absent and another employee who is qualified to perform all the duties for which the allowance is\npaid takes over those duties, the relieving employee is entitled to be paid the allowance.\nAn employee who holds a combination of First Aid Officer, Fire Warden or HSR roles is eligible for one payment of the allowance only.\nOn agreement\neffective date\n1% from\n08/06/2023\n1.74% from\n07/12/2023\n1.5% from\n06/06/2024\n2.44% from\n05/12/2024\n1% from\n05/06/2025 1.93% from 04/12/2025\nRate/Frequency Per day $2.98 $3.01 $3.06 $3.11 $3.18 $3.22 $3.28\nPayment\non Leave Not paid during any type of unpaid leave.\nExclusions The allowance is not payable to any of the following:","sortOrder":2486},{"sectionNumber":"1.12","sectionType":"clause","heading":"An employee who is not an HSR and is paid Advanced First Aid allowance.","content":"An employee who is not an HSR and is paid Advanced First Aid allowance.","sortOrder":2487},{"sectionNumber":"2.12","sectionType":"clause","heading":"An employee who is not an HSR or Fire Warden and is required to maintain a first aid qualification as part of their normal duties.","content":"An employee who is not an HSR or Fire Warden and is required to maintain a first aid qualification as part of their normal duties.\nDefinition “Workplace” means a work location at which the employee, and one or more work colleagues, performs duty.\nNote: It does not include the home location when working from home.\nAllowance Type Functional\nf_p_n_174_\nPage 172 of 202\nMotor Vehicle\nClassification Any\nEmployee Type Any\nDescription The chief executive may authorise an employee to use a motor vehicle they own or hire in any of the following situations:","sortOrder":2488},{"sectionNumber":"1.13","sectionType":"clause","heading":"For official purposes, where the chief executive is satisfied this use would do any of the following:","content":"For official purposes, where the chief executive is satisfied this use would do any of the following:\n(a) Result in greater efficiency.\n(b) Involve the ACT Government in less expense than if public transport or a vehicle owned by the ACT Government were used.","sortOrder":2489},{"sectionNumber":"2.13","sectionType":"clause","heading":"For specified journeys, where the chief executive is satisfied that any of the following apply:","content":"For specified journeys, where the chief executive is satisfied that any of the following apply:\n(a) The use will not result in the employee taking more time on the journey than they would otherwise take.\n(b) It would not be contrary to the interest of the ACT Government.","sortOrder":2490},{"sectionNumber":"3.9","sectionType":"clause","heading":"Travel between normal headquarters and a temporary work station, or between the employee’s home and a temporary work station, where the","content":"Travel between normal headquarters and a temporary work station, or between the employee’s home and a temporary work station, where the\nchief executive is satisfied that any of the following apply:\na) There is no public transport available for travel to temporary station.\nb) Although public transport is available, the work program makes its use impossible.\nRate/Frequency Per km (1) Small car - 1600cc non-rotary, 800cc rotary: 0.78\nPer km (2) Medium car - 1601-2600cc non-rotary, 801-1300cc rotary: 0.90\nPer km (3) Large car – over 2600cc non-rotary, over 1300cc rotary: 0.91\nPayment on\nLeave Not paid during any type of paid or unpaid leave.\nNotes For electric, hybrid and liquified petroleum gas (LPG) vehicles and any type of motorcycle, the rates payable per kilometre are the rates determined by\nthe Australian Tax Office as in force from time to time.\nNotes 1. The amount of the allowance is to be reduced by the amount of any Isolated Establishments (or equivalent) allowance that is payable. If the\namount of any Isolated Establishments (or equivalent) allowance payable exceeds the amount of motor vehicle allowance that would\notherwise be payable, then no motor vehicle allowance may be authorised.","sortOrder":2491},{"sectionNumber":"2.14","sectionType":"clause","heading":"If an employee satisfies the chief executive that the allowance is insufficient to meet the amount of the expenses reasonably incurred and paid by","content":"If an employee satisfies the chief executive that the allowance is insufficient to meet the amount of the expenses reasonably incurred and paid by\nthe employee in using a motor vehicle for official purposes, the chief executive may grant an additional allowance equal to the amount by which\nthose expenses exceed the amount of the allowance or allowances.","sortOrder":2492},{"sectionNumber":"3.10","sectionType":"clause","heading":"If, as a consequence of using a motor vehicle an employee is required to pay a higher insurance premium than would otherwise be the case, they","content":"If, as a consequence of using a motor vehicle an employee is required to pay a higher insurance premium than would otherwise be the case, they\nare entitled to be reimbursed the additional cost.","sortOrder":2493},{"sectionNumber":"4.11","sectionType":"clause","heading":"Employees who use a private motor vehicle under the motor vehicle allowance conditions may be reimbursed parking fees, bridge and car-ferry tolls","content":"Employees who use a private motor vehicle under the motor vehicle allowance conditions may be reimbursed parking fees, bridge and car-ferry tolls\nincurred\nwhile on duty, but not fines.\nAllowance Type Expense\nf_p_n_175_\n© Canberra Institute of Technology Page 173 of 195 Date updated: 18/01/2024","sortOrder":2494},{"sectionNumber":"ANNEX D.4","sectionType":"schedule","heading":"ANNEX D - – OTHER LEAVE","content":"ANNEX D - – OTHER LEAVE\nLeave to: 1. Attend Aboriginal or Torres Strait Islander Ceremonies\nPurpose The chief executive may approve an employee’s application to access leave to attend a ceremony associated with the death\nof an immediate or extended family member or for other ceremonial obligations under Aboriginal and Torres Strait Islander\nlaw.\nEligibility An employee who is of Aboriginal or Torres Strait Islander descent.\nEntitlement A maximum period of 10 days in any 2-year period, in addition to bereavement leave.\nConditions -\nRate of payment Full pay.\nEffect on other entitlements Will count as service for all purposes.\nLeave to: 2. Attend Aboriginal and Torres Strait Islander meetings\nPurpose The chief executive may approve an employee’s application to access leave to attend representative meetings in the\ncapacity of an elected representative of the Aboriginal and Torres Strait Islander peak body.\nEligibility An employee who is an elected representative of the ACT Aboriginal and Torres Strait Islander peak body.\nEntitlement Paid time to attend recognised meetings.\nConditions If an employee accepts any fee for attendance at the meeting, leave is granted without pay.\nAn employee may accept reimbursement for out-of-pocket expenses.\nf_p_n_176_\n© Canberra Institute of Technology Page 174 of 195 Date updated: 18/01/2024\nRate of payment Full pay.\nEffect on other entitlements Will count as service for all purposes.\nLeave to: 3. Attend NAIDOC week activities\nPurpose The chief executive may approve an employee’s application to access leave to enable an employee to attend and participate\nin NAIDOC Week activities.\nEligibility An employee other than a casual employee.\nEntitlement This leave may be granted for one complete day or for varying periods over the week’s activities, totalling the equivalent of\none complete day.\nConditions Subject to operational requirements.\nRate of payment Full pay.\nEffect on other entitlements Will count as service for all purposes.\nLeave to: 4. Religious purposes\nPurpose The chief executive may approve an employee’s application to access leave to enable an employee to attend a ceremony\nintegral to the practice of the employee’s religious faith.\nEligibility An employee who is an adherent to the particular religious faith and who is a practising member of that religious faith.\nEntitlement A maximum period of 10 days in any 2 year period.\nf_p_n_177_\n© Canberra Institute of Technology Page 175 of 195 Date updated: 18/01/2024\nConditions Religious leave is only available for ceremonies that are of significant importance to the particular faith that are generally\nobserved by the entire faith. Leave is not available for ceremonies that are only of significance to the individual member of\nthe particular religious faith.\nRate of payment Without pay.\nEffect on other entitlements Will not count as service for any purpose.\nLeave to: 5. Defence Reserve\nPurpose The chief executive may approve an employee’s application to access leave to enable an employee to undertake specified\ndefence service and, also, enlistment, training or deployment with the Australian Defence Force Reserve (ADFR).\nEligibility Available to employees other than casual employees.\nEntitlement The entitlement to leave for Reserve Service is prescribed under the Defence Reserve Service (Protection) Act 2001.\nAn employee may be granted leave (with or without pay) to enable the employee to fulfil Australian Defence Force (ADF)\nReserve and Continuous Full Time Service (CFTS) or Cadet Force obligations.\nAn employee is entitled to ADF Reserve Leave with pay, for up to 4 weeks during each financial year for the purpose of\nfulfilling service in the ADF Reserve. These purposes include training and operational duty as required.\nDuring an employee’s first year of ADF Reserve service, a further 2 weeks paid leave may be granted by the chief executive to\nfacilitate participation in additional ADF Reserve training, including induction requirements.\nWith the exception of the additional 2 weeks in the first year of service, leave can be accumulated and taken over a period of","sortOrder":2495},{"sectionNumber":"2.15","sectionType":"clause","heading":"years, to enable the employee to undertake training as a member of the ADF Reserves.","content":"years, to enable the employee to undertake training as a member of the ADF Reserves.\nEmployees are not required to pay their tax-free ADF Reserve salary to the ACTPS in any circumstances.\nAn employee who is an officer or instructor of cadets in a Cadet Force may be granted paid leave of up to 3 weeks each\nfinancial year to perform duties as an officer or instructor of Cadets. For these purposes ‘Cadet Force’ means the Australian\nNavy Cadets, Australian Army Cadets, or the Australian Air Force Cadets.\nf_p_n_178_\n© Canberra Institute of Technology Page 176 of 195 Date updated: 18/01/2024\nDefence Reserve Leave counts as service for all purposes, except for unpaid leave to undertake CFTS. Unpaid leave for the\npurpose of CFTS counts for all purposes except Annual Leave.\nAn eligible employee may also apply for Annual Leave, Long Service Leave, leave without pay, or they may use ADOs or\nflextime (where available) to make up time for the purpose of fulfilling ADF Reserve, CFTS or Cadet Force obligations.\nConditions An eligible employee must give notice to the chief executive as soon as practicable of their absence or intention to be absent\nfor Defence Reserve Leave, including documentary evidence.\nRate of payment With pay or without pay.\nEffect on other entitlements As per entitlement.\nLeave to: 6. Operational Service Personal Leave\nPurpose The chief executive may approve an employee’s application to access leave to enable officers and employees who have\nrendered operational service to be absent from duty when they are unfit for work because of war-caused injuries or\ndiseases.\nEligibility An officer or employee (other than a casual employee) who has rendered operational service.\nEntitlement Operational service personal leave is cumulative and is additional to personal leave entitlements contained in clause E4 -.\nOfficers:\nOn appointment, an eligible officer is entitled to 9 weeks operational service personal leave.\nAn eligible officer is entitled to receive an additional credit of 3 weeks operational service personal leave at all of the\nfollowing times:","sortOrder":2496},{"sectionNumber":"36","sectionType":"clause","heading":"months after the date of appointment.","content":"months after the date of appointment.\nf_p_n_179_\n© Canberra Institute of Technology Page 177 of 195 Date updated: 18/01/2024\nThe maximum operational service personal leave balance that an eligible officer may have is 18 weeks.\nEmployees (other than Officers):\nOn engagement, an eligible employee is entitled to 9 days operational service personal leave.\nAn eligible employee is entitled to receive an additional credit of 3 days operational service personal leave at all of the\nfollowing times:","sortOrder":2497},{"sectionNumber":"36.2","sectionType":"clause","heading":"months after the date of engagement.","content":"months after the date of engagement.\nThe maximum operational service personal leave balance that an eligible employee may have is 18 days.\nWhere operational service personal leave credits have been exhausted, the chief executive may grant an employee personal\nleave or a period of unpaid operational service personal leave.\nEvidence and Conditions An eligible officer or employee should discuss with their manager or supervisor, as soon as practicable, of their absence or\nintention to be absent on operational service personal leave.\nAn eligible officer or employee must make an application to the chief executive to access their operational service personal\nleave entitlement.\nHaving considered the requirements of this clause the chief executive may approve an eligible officer or employee’s\napplication to access operational service personal leave. A decision not to approve the leave will be taken in accordance\nwith subclause E3.1.\nLeave to: 6. Operational Service Personal Leave (cont.)\nOperational service personal leave may be granted by the chief executive for any of the following:\n(a) To cover absences resulting from war-caused injury or diseases.\nFollowing a written request from an eligible officer or employee, which must include documentary evidence that the\nabsence is due to the war-caused injury or disease, including evidence that the injury or disease is a war-caused injury or\ndisease in accordance with the requirements of the Veterans’ Entitlement Act 1986 (Commonwealth).\nf_p_n_180_\n© Canberra Institute of Technology Page 178 of 195 Date updated: 18/01/2024\nRate of payment With pay. The rate of payment to be paid to the employee during a period of operational service personal leave is the same\nrate as would be paid if the employee was granted personal leave, except where it is granted without pay.\nEffect on other\nentitlements\nOperational service personal leave with pay will count as service for all purposes.\nOperational service personal leave without pay will not count as service.\nInterpretation Operational service has the same meaning as in the Veterans’ Entitlement Act 1986 (Commonwealth).\nWar-caused injuries or diseases has the same meaning as in the Veterans’ Entitlement Act 1986 (Commonwealth).\nf_p_n_181_\n© Canberra Institute of Technology Page 179 of 195 Date updated: 18/01/2024\nLeave to: 7. Returned soldiers for medical purposes\nPurpose The chief executive may approve an employee’s application to access leave to enable an employee to attend an\nappointment for treatment or review as a returned soldier under the Veterans’ Entitlement Act 1986\n(Commonwealth).\nEligibility An employee who is a returned soldier.\nEntitlement A maximum period of 2 weeks in any 12 month period.\nConditions -\nRate of payment Full pay.\nEffect on other\nentitlements\nWill count as service for all purposes.\nLeave to: 8. Accompany a domestic partner on a posting\nPurpose The chief executive may approve an employee’s application to access leave to enable an employee to accompany the\nemployee’s domestic partner for the period, or part of the period, of an interstate or overseas posting.\nEligibility An employee whose domestic partner is posted to interstate or overseas employment by their employer, and the\nemployer is one of the following:\n• the ACTPS,\n• the APS,\n• Calvary Hospital Incorporated,\n• A statutory authority established under a Federal, state or territory law.\nor the domestic partner is employed in a capacity that is directly relevant to representing Australia’s national interest.\nf_p_n_182_\n© Canberra Institute of Technology Page 180 of 195 Date updated: 18/01/2024\nFor the purpose of this leave, ‘post’ means any office or other establishment of the employers above, where an\nemployee’s domestic partner is required by the employer to serve interstate or overseas, for any purpose. This\nincludes a mission, appointment, station or place in a country overseas.\nEntitlement The maximum period is the period during which the domestic partner of the employee is required to perform duties\noverseas, or interstate.\nConditions -\nRate of payment Without pay.\nEffect on other\nentitlements\nWill not count as service for any purpose.\nLeave for: 9. Engage in employment in the interests of defence or public safety\nPurpose The chief executive may approve an employee’s application to access leave to enable the employee to engage in\nwork or employment that the chief executive considers is in the interests of the defence or public safety of the\nCommonwealth or the Territories.\nEligibility An employee.\nEntitlement A maximum period of 2 years.\nConditions -\nRate of payment Without pay.\nEffect on other\nentitlements\nThe first 12 months will count as service for all purposes.\nSubsequent leave will count as service for all purposes except annual leave.\nIf an employee does not return to duty with the ACTPS the leave will not count as service for any purpose.\nf_p_n_183_\n© Canberra Institute of Technology Page 181 of 195 Date updated: 18/01/2024\nLeave to: 10. Attend as a witness\nPurpose The chief executive may approve an employee’s application to access leave to enable an employee to give evidence\nbefore a body or person before whom evidence may be taken on oath.\nEligibility An employee.\nEntitlement Refer to rate of payment.\nConditions If an employee is required to travel to give evidence, they may be reimbursed for reasonable travel expenses as if the\nemployee had travelled in the course of the employee’s duties, less any amount received as witnesses’ expenses.\nRate of payment With pay where the employee is to give evidence for any of the following:\n(a) On behalf of a Territory, a State or the Commonwealth.\n(b) On behalf of an authority established by or under a law of a Territory, State or the Commonwealth.\n(c) In a judicial review or administrative review proceeding where the matter being reviewed relates to the work\nof the employee; or\n(d) Before a Royal Commission appointed under a law of the Commonwealth.\n(e) Before a person conducting an inquiry under a law of a Territory, a State or the Commonwealth.\n(f) Before a person or authority exercising arbitral functions under a law of a Territory, a State or the\nCommonwealth.\nWithout pay where the leave to give evidence is for any other purpose.\nEffect on other\nentitlements\nWill count as service for all purposes.\nf_p_n_184_\n© Canberra Institute of Technology Page 182 of 195 Date updated: 18/01/2024\nLeave to: 11. Attend proceedings at the Fair Work Commission\nPurpose The chief executive may approve an employee’s application to access leave to enable the employee to give evidence\non behalf of a staff organisation in proceedings at the Fair Work Commission. An employee may be granted a period\nof leave as required in the circumstances and may be with or without pay depending on the circumstances.\nEligibility An employee who is a representative of a staff organisation.\nEntitlement The time necessary to present a case or to give evidence or to attend inspections conducted by the Fair Work\nCommission, plus reasonable travel time.\nConditions Leave with pay cannot be granted to more than 2 representatives for the same period.\nRate of payment With pay or without pay.\nEffect on other\nentitlements\nWith pay does count as service for all purposes.\nWithout pay does not count as service for any purpose, but does not break continuity of service for long service leave\npurposes.\nLeave to: 12. Donate an organ\nPurpose The chief executive may approve an employee’s application to access leave to enable an employee to donate an\norgan.\nEligibility An employee who volunteers as an organ donor.\nEntitlement A maximum period of 3 months in any 12 month period.\nConditions -\nf_p_n_185_\n© Canberra Institute of Technology Page 183 of 195 Date updated: 18/01/2024\nRate of payment Full pay.\nEffect on other\nentitlements\nWill count as service for all purposes.\nLeave to: 13. Donate blood\nPurpose The chief executive may approve an employee’s application to access leave to enable an employee to donate blood.\nEligibility An employee, who volunteers as a blood donor.\nEntitlement The time necessary to attend to give blood, including travel and reasonable recovery time.\nConditions -\nRate of payment Full pay.\nEffect on other\nentitlements\nWill count as service for all purposes.\nLeave to: 14. Hold a full-time office in a staff organisation\nPurpose The chief executive may approve an employee’s application to access leave to enable an employee to hold a full-time\noffice in a staff organisation; council of staff organisations, or credit union, co-operative society, building co-operative\nor similar body.\nEligibility An employee\nEntitlement The maximum period of leave that may be granted is the period for which the employee is elected to office, or in the\ncase of a non-elected office, 3 years.\nf_p_n_186_\n© Canberra Institute of Technology Page 184 of 195 Date updated: 18/01/2024\nConditions To be eligible for leave to hold a non-elected office the employee must have been employed in the ACTPS or in the\nAustralian Public Service for at least 4 years, at the date at which the leave is proposed to begin. Leave may only be\ngranted for this purpose where the relevant body is incorporated and is conducted by, or on behalf of, a staff\norganisation for the benefit of the members of the staff organisation or all persons employed in the ACTPS.\nRate of payment Without pay.\nEffect on other\nentitlements\nWill count as service for accruing personal leave and calculating the period of service for long service, except where\nthe leave is to enable the employee to take up an honorary office. Where leave is granted to enable the employee to\ntake up an honorary office, the first 2 months leave in each calendar year will count as service for all purposes. Leave\nin excess of 2 months in a calendar year will not count as service for any purpose other than ongoing eligibility to\naccess birth leave as provided by subclause E14.7.\nLeave to: 15. Local government purposes\nPurpose The chief executive may approve an employee’s application to access leave to enable the employee to attend formal\nmeetings, in the capacity of an elected office holder, of a local government council.\nEligibility An employee who is a duly elected office holder of a local government council.\nEntitlement A maximum period of one of the following:\n(a) In the case of an employee who is mayor or president of the council, 5 days in any 12 month period.\n(b) In any other case 3 days in any 12 month period\nConditions -\nRate of payment Full pay.\nEffect on other\nentitlements\nWill count as service for all purposes.\nLeave for: 16. Campaign for election\nf_p_n_187_\n© Canberra Institute of Technology Page 185 of 195 Date updated: 18/01/2024\nPurpose The chief executive may approve an employee’s application to access leave to enable the employee to campaign for\nelection.\nEligibility An employee who is standing for election to the ACT Legislative Assembly, Commonwealth or State House of\nParliament, or other approved legislative or advisory body approved by the chief executive.\nEntitlement A maximum period of 3 months.\nConditions -\nRate of payment Without pay.\nEffect on other\nentitlements\nWill not count as service for any purpose.\nf_p_n_188_\n© Canberra Institute of Technology Page 186 of 195 Date updated: 18/01/2024\nLeave for: 17. Attend sporting events as an accredited competitor or official\nPurpose The chief executive may approve an employee’s application to access leave to enable an employee to attend sporting\nevents as an accredited competitor or official.\nEligibility An employee who is selected by an official sporting body to participate as an accredited official or competitor with\nnational or international sporting status.\nEntitlement To attend training for, or to attend, a major national or international sporting or other recognised event in the\ncapacity of an accredited official or competitor.\nConditions Leave is with pay unless otherwise agreed by the employee.\nRate of payment With pay or without pay.\nEffect on other\nentitlements With pay does count as service for all purposes.\nWithout pay does not count as service for any purpose.\nLeave for: 18. Cope with a disaster\nPurpose The chief executive may approve an employee’s application to access leave when an employee is affected by a\ndisaster which has destroyed or significantly damaged the employee’s usual place of residence or its contents.\nEligibility An employee whose home is wholly or partly uninhabitable associated with health or safety reasons.\nEntitlement A maximum period of 3 days in each consecutive period 12 months.\nConditions -\nRate of payment Full pay.\nEffect on other\nentitlements\nWill count as service for all purposes.\nf_p_n_189_\n© Canberra Institute of Technology Page 187 of 195 Date updated: 18/01/2024\nLeave for: 19. Engage in employment associated with compensation\nPurpose The chief executive may approve an employee’s application to access leave to enable an employee to engage in\nemployment outside the ACTPS as part of a rehabilitation process under the Safety, Rehabilitation and Compensation\nAct 1988.\nEligibility An employee who is, or was, entitled to compensation leave under the Safety, Rehabilitation and Compensation Act","sortOrder":2498},{"sectionNumber":"1988","sectionType":"clause","heading":"and the employment is part of a rehabilitation process under that Act.","content":"and the employment is part of a rehabilitation process under that Act.\nEntitlement A maximum period of 3 years.\nConditions -\nRate of payment Without pay.\nEffect on other\nentitlements\nWill count as service for all purposes.\nLeave for: 20. Engage in employment in the interests of the ACTPS\nPurpose The chief executive may approve an employee’s application to access leave to enable an employee to engage in work\nor employment outside the ACTPS where the chief executive is satisfied that the employment is in the interests of the\nACTPS.\nEligibility An employee, (other than an employee) who meets one of the following:\n(a) They are a probationary employee.\n(b) They have 6 months or less continuous employment.\nEntitlement A maximum period of 5 years.\nf_p_n_190_\n© Canberra Institute of Technology Page 188 of 195 Date updated: 18/01/2024\nConditions -\nRate of payment Without pay.\nEffect on other\nentitlements\nWill count as service for all purposes except for annual leave.\nIf an employee does not return to duty with the ACTPS the leave will not count as service for any purpose.\nLeave to: 21. Take leave where leave cannot be granted under any other provision\nPurpose The chief executive may approve an employee’s application to access leave to enable an employee to be absent from\nduty where the leave cannot be provided for elsewhere.\nEligibility An employee.\nEntitlement A maximum period of 12 months.\nConditions -\nRate of payment Without pay, except where the chief executive determines there are special circumstances, having regard to:\n(a) the purpose for which the leave is being taken; and\n(b) the length of service of the employee; and\n(c) the length of the period for which the leave is being taken.\nIn special circumstances the chief executive determines whether leave is at full pay or half pay.\nEffect on other\nentitlements\nLeave without pay will not count as service for any purpose. However where the chief executive determines there are\nspecial circumstances and that the period of leave granted is to be with pay then the paid leave will count as service\nfor all purposes.\nf_p_n_191_\n© Canberra Institute of Technology Page 189 of 195 Date updated: 18/01/2024","sortOrder":2499},{"sectionNumber":"ANNEX E.2","sectionType":"schedule","heading":"ANNEX E - – WORK LEVEL STANDARDS","content":"ANNEX E - – WORK LEVEL STANDARDS\nThis document is not intended to be an exhaustive list of responsibilities and duties.\nIndividual position profiles are not expected to involve all of the examples listed.\nDescriptions should be regarded as general in nature and will require a level of interpretation depending on the specific responsibilities to be performed.\nEducator Level 1 Educator Level 2 Head of Department Level College Director Level\nUnder general direction a Educator\nLevel 1 will perform a range of\neducational and professional duties.\nNote: Employees working under\ngeneral direction normally perform a\nrange of operational and\nadministrative tasks and will receive\ninstruction from management on\nwhat tasks are to be completed\nand/or how the tasks will be\nperformed.\nUnder general direction a Educator\nLevel 2, through quality leadership in,\nand management of education and\nrelated activities will contribute to the\nachievement of departmental goals.\nNote: Employees working under\ngeneral direction normally perform a\nrange of operational and\nadministrative tasks and will receive\ninstruction from management on what\ntasks are to be completed and/or how\nthe tasks will be performed.\nUnder limited direction the\nHead of Department, through\nhigh quality leadership and\nmanagement is responsible\nfor the achievement of\ndepartmental goals and will\ncontribute to the strategic\ngoals of the collage/division\nand Institute.\nNote: Managers working\nunder limited direction will\nnormally be given a clear\nstatement of objectives and\nwill require little guidance\nduring the performance of the\nwork. Managers will be\naccountable for achieving\ndepartment goals.\nUnder broad direction the\nCollege Director Level, will\nthrough partnership and\nexcellence in leadership be\nresponsible for the\nachievement of\ncollege/division strategic\ngoals and contribute to the\nstrategic goals of the Institute.\nNote: Managers working\nunder broad direction will\nnormally be given a statement\nof overall results which must\nbe accomplished.\nf_p_n_192_\n© Canberra Institute of Technology Page 190 of 195 Date updated: 18/01/2024\nEducator Level 1 Educator Level 2 Head of Department Level College Director Level\nCapability Domain (Characteristics)\nTeamwork\n&\nCommunication\nBuilds effective relationships through\nthe use of appropriate\ncommunication.\nMaintains positive relationships\nthrough the use of appropriate\ncommunication and possesses the\nability to adapt communication to suit\na range of audiences.\nPromotes positive\nrelationships through the use\nof appropriate\ncommunication and possesses\nthe ability to communicate\npersuasively to a range of\naudiences.\nDemonstrates and provides\nleadership in sustaining and\nnurturing collaborative\nrelationships.\nLeadership\nReflects on own abilities and\nbehaviour and assists others.\nDemonstrates self-awareness and acts\nas a positive role model.\nFosters collaborative\napproaches, leads by example\nand motivates employees.\nChampions the organisation's\nvision and strategic direction\nand promotes positive morale\namongst employees.\nEthics\nDemonstrates ethical behaviour. Supports colleagues in ethical\ndecision-making.\nMakes ethical decisions that\ninspires trust, confidence and\ndemonstrates organisational\nvalues.\nMakes ethical decisions that\ninspires trust, confidence and\ndemonstrates organisational\nvalues.\nDiversity\nValues and practices diversity. Practices and encourages diversity. Practices and promotes\ndiversity.\nCreates an environment that\nvalues and utilises the\ncontributions of others.\nInnovation\nContributes to ideas and improvement\nin work practices.\nGenerates new and creative ways of\nworking.\nEncourages the generation\nand sharing of new\napproaches and advocates for\nchange.\nInspires and champions\ninnovative ideas in the\nworkplace.\nJudgement &\nAnalysis\nActs with good judgement, expertise\nand knowledge.\nMakes decisions using good\njudgement, expertise and knowledge.\nMakes decisions based on\nprofessional judgement and\nrisk-evaluation.\nUndertake complex analysis\nand interpretation and apply\nsignificant judgement in\nchoosing a course of action.\nf_p_n_193_\n© Canberra Institute of Technology Page 191 of 195 Date updated: 18/01/2024\nEducator Level 1 Educator Level 2 Head of Department Level College Director Level\nFunction\nStudents & Education\nMaintain and support student\nprogression and provide a quality\nstudent experience.\nProvide leadership and guidance to\nsupport student progression and\nprovide a quality student experience.\nDevelopment and delivery of\neducation, training and assessment\nprocesses to meet the specific needs\nof a diverse range of students, using a\nrange of methodologies.\nDevelop and deliver education,\ntraining and assessment processes to\nmeet the specific needs of a diverse\nrange of students, using a range of\nmethodologies.\nDevelop and deliver\neducation, training and\nassessment processes to meet\nthe specific needs of a diverse\nrange of students, using a\nrange of methodologies.\nCommitment to innovation in teaching\ndelivery and assessment.\nProvide Leadership and innovation in\nteaching delivery and assessment.\nProvide and promote\nleadership and innovation in\nteaching delivery and\nassessment.\nPromote leadership and\ninnovation in teaching\ndelivery and assessment.\nMaintenance of accurate student\nrecords in accordance with legislation\nand established policies and\nprocedures.\nMaintain accurate student records in\naccordance with legislation and\nestablished policies and procedures.\nEnsure maintenance of\naccurate records of student\nprogress in accordance with\nlegislation and established\npolicies and procedures.\nResponsibility for compliance\nwith legislation and policies\nand procedures relating to\nstudent records.\nProvide educational guidance to\nstudents within the area of\nprofessional expertise.\nProvide high level educational\nguidance to students, including the\nmanagement or referral of student\nissues relating to education.\nManage or refer student\nissues relating to education.\nManage student issues\nrelating to education.\nContinually review curricula and\neducational resource material for new\nand existing programs, and ensure\ncompliance with educational\nstandards.\nContinually review curricula and\neducational resource material for new\nand existing programs, and ensure\ncompliance with educational\nstandards.\nManage the review and the\nimplementation of curricula\nand educational resource\nmaterial for new and existing\nprograms, and ensure\ncompliance with educational\nstandards.\nEnsure compliance with\neducational standards.\nf_p_n_194_\n© Canberra Institute of Technology Page 192 of 195 Date updated: 18/01/2024\nEducator Level 1 Educator Level 2 Head of Department Level College Director Level\nFunction\nIndustry\nMaintain currency and knowledge in\nfield of expertise including relevant\nprofessional accreditations,\nregistrations and/or licensing.\nMaintain currency and knowledge in\nfield of expertise including relevant\nprofessional accreditations,\nregistrations and/or licensing.\nMaintain currency and\nknowledge of industry\ntraining requirements.\nMaintain working relationships with\nindustry and key stakeholders.\nDevelop and maintain working\nrelationships with industry and key\nstakeholders.\nFoster positive relationships\nwith industry and key\nstakeholders, including the\nrepresentation and promotion\nof CIT.\nFoster positive relationships\nwith industry and key\nstakeholders, including the\nrepresentation and\npromotion of CIT.\nDevelop and manage\nentrepreneurial solutions,\nincluding commercial activity.\nDevelop entrepreneurial\nsolutions by working with\nexternal organisations.\nProfession\nParticipation in learning and\ndevelopment activities of relevance to\nCIT.\nParticipation in learning and\ndevelopment activities of relevance to\nCIT.\nCommitment to learning and\ndevelopment activities of\nrelevance to CIT.\nCommitment to learning and\ndevelopment activities of\nrelevance to CIT.\nWorking knowledge of the VET sector. A thorough knowledge of the VET\nsector and an awareness of trends and\nbest practice.\nHigh level knowledge of the\nVET sector and an\nunderstanding of the\noperational environment.\nExtensive knowledge and\nunderstanding of the VET\nsector and of the wider\noperational environment.\nDevelop comprehensive and critical\nknowledge of current practices in\nvocational and adult education.\nMaintain comprehensive and critical\nknowledge of current practices in\nvocational and adult education.\nApply comprehensive and\ncritical knowledge of current\npractices in vocational and\nadult education.\nPromote contemporary\nvocational and adult\neducation practices.\nLeadership\nParticipate in the development of\nbusiness plans.\nAssist in the development of business\nplans.\nContribute to the\ndevelopment of business\nplans, strategies and\npriorities.Responsible for the\ndevelopment of department\nplans\nProvide strategic direction,\nincluding the development of\nbusiness plans, strategies and\npriorities.\nf_p_n_195_\n© Canberra Institute of Technology Page 193 of 195 Date updated: 18/01/2024\nEducator Level 1 Educator Level 2 Head of Department Level College Director Level\nFunction\nLeadership\nParticipate in collaborative activities\nacross departments, college/divisions\nor CIT.\nCoordinate collaborative activities\nacross departments, college/divisions\nor CIT.\nBuild and manage cohesive\nteams and lead the\ndevelopment of collaborative\nactivities across departments,\ncollege/divisions or CIT.\nOversee effective and\nproductive teams and identify\nopportunities for\ncollaboration and support\nimplementation across\ndepartments,\ncollege/divisions or CIT.\nMaintain quality, efficiency and\neffectiveness of program and project\ndelivery.\nProvide expert advice on the quality,\nefficiency and effectiveness of\nprogram and project delivery.\nReview and evaluate\nprograms and projects to\nensure quality, efficiency and\neffectiveness.\nOversee the quality, efficiency\nand effectiveness of program\nand project delivery.\nAssist in the management and\nguidance of staff through performance\nfeedback, coaching, mentoring,\nconflict resolution, and encouraging\nlearning and development.\nManage and guide staff\nthrough performance\nfeedback, coaching,\nmentoring, conflict resolution,\nand encouraging learning and\ndevelopment.\nOversee the management and\nguidance of staff.\nAssist with the management of\nresources and finances within\napproved policies and guidelines.\nManage resources and\nfinances within approved\npolicies and guidelines.\nExercise autonomy and\ninitiative in management and\nallocation of college/division\nresources and finances.\nParticipate in the corporate\nmanagement of CIT and the\nplanning and development of\nservice provision.\nf_p_n_196_\n© Canberra Institute of Technology Page 194 of 195 Date updated: 18/01/2024\nEducator Level 1 Educator Level 2 Head of Department Level College Director Level\nFunction\nCulture\nApply the ACT Public Service Respect,\nEquity and Diversity (RED) framework.\nApply and model the Respect, Equity\nand Diversity (RED) framework.\nApply and promote the\nRespect, Equity and Diversity\n(RED) framework.\nApply and oversee the\napplication of the Respect,\nEquity and Diversity (RED)\nframework.\nModel the ACT Public Service Values\nand Signature Behaviours.\nModel the ACT Public Service Values\nand Signature Behaviours.\nModel the ACT Public Service\nValues and Signature\nBehaviours.\nModel the ACT Public Service\nValues and Signature\nBehaviours.\nComply with Work Health and Safety\n(WHS) legislation, principles and\npractices.\nComply with Work Health and Safety\n(WHS) legislation, principles and\npractices.\nEnsure compliance with Work\nHealth and Safety (WHS)\nlegislation, principles and\npractices.\nOversee compliance with\nWork Health and Safety\n(WHS) legislation, principles\nand practices in the\nworkplace.\nOther\nApply legislation, policies and\nprocedures relevant to CIT.\nApply legislation, policies and\nprocedures relevant to CIT.\nEnsure compliance with\nlegislation, policies and\nprocedures relevant to CIT.\nOversee compliance with\nlegislation, policies and\nprocedures relevant to CIT.\nPerform other duties relevant to\nworkplace as required.\nPerform other duties relevant to\nworkplace as required.\nPerform other duties relevant\nto workplace as required.\nf_p_n_197_\n© Canberra Institute of Technology Page 195 of 195 Date updated: 7/11/2023\nSig natory Pages\nACT Public Sec tor Canbe rra Institute of Tec hno logy\n(E ducators) Ent erprise Agreement 2023 -2 026\nEmp loyer\nSignatur,e\n$1M/J ~ ar1\nName Craig Jordan\nAd dr ess 37 Constitution Avenue, REID ACT 2612\nAutho r ity to sign the Ag reeme nt Si gn atory ho lds the off i ce of Ch ief Execu tive\nRe·p rese nt ativ,e of Emp loyees\nSignat ure /?-;:;;?\n~ ~---\nNam e Pat rick Judge\nOrrga nis ati on Australian Educatiio n Union - A CT Branch\nAdd ress ILe v el 1, 7 1 Leich ar dlt St re et, !K in gs t on ACT\n2.603\nAut h oni t y t o siign t he Agreem e nt Sig·nat o ry no llds t h e o ffio e of Brandn\nSe c ret ary\nf_p_n_198_","sortOrder":2500}],"analysis":null,"importantCases":[],"_links":{"self":"/api/acts/cit-educators-enterprise-agreement-2023-2026","history":"/api/acts/cit-educators-enterprise-agreement-2023-2026/history","analysis":"/api/acts/cit-educators-enterprise-agreement-2023-2026/analysis","conflicts":"/api/acts/cit-educators-enterprise-agreement-2023-2026/conflicts","importantCases":"/api/acts/cit-educators-enterprise-agreement-2023-2026/important-cases","documents":"/api/acts/cit-educators-enterprise-agreement-2023-2026/documents"}}