CIT (Educators) Enterprise Agreement 2023-2026

Preamble Fair Work Act 2009 s.185 - Application for approval of a single-enterprise agreement Australian Capital Territory (AG2023/5066) ACT PUBLIC SECTOR CANBERRA INSTITUTE OF TECHNOLOGY (EDUCATORS) ENTERPRISE AGREEMENT 2023-2026 Educational services DEPUTY PRESIDENT ROBERTS SYDNEY, 18 JANUARY 2024 Application for approval of the ACT Public Sector Canberra Institute of Technology (Educators) Enterprise Agreement 2023-2026 [1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Canberra Institute of Technology (Educators) Enterprise Agreement 2023-

(the Agreement). The Application was made pursuant to s.185 of the Fair Work Act

(the Act). It has been made by Australian Capital Territory (the Applicant). The Agreement is a single enterprise agreement. [2] I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met. [3] I note that Clause A5.1 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) of the Act. If there is inconsistency between this agreement and the NES, and the NES provides greater benefit, the NES provision will apply to the extent of the inconsistency. [4] The Australian Education Union (AEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AEU. [5] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2026. [6] The application for approval of the Agreement was accompanied by a Form F1 requesting the Commission exercise its powers under s.218A of the Act to vary the Agreement to correct or amend certain clauses of the Agreement. The application was made by Australian Capital Territory (trading as Canberra Institute of Technology) pursuant to s.218A(2)(b)(i). [2024] FWCA 244 DECISION FairWork Commission f_p_n_1_ [2024] FWCA 244 [7] The application sought:

The removal of a bracketed notation in subclause E4.25 that says “(1 January

to 31 December 2024)”. The correction or amendment was sought to clarify that the transition year commences on the date specified at E4.15. The transition year commences either on 1 January 2024 or on the date of commencement of the agreement, whatever is the latter.

To amend an error in the reference to the relevant clause in the 2021-2022 Enterprise Agreement. The existing reference is to a subclause number that does not exist in the 2021-2022 Enterprise Agreement. This was sought by amending subclause F6.17 to read “Any dispute formally commenced in accordance with

under the ACT Public Sector Canberra Institute of Technology (Teaching Staff) Enterprise Agreement 2021-2022, but not concluded before the commencement of this Agreement, shall continue to be dealt with in accordance with the dispute settlement provisions in this Agreement. Any steps already taken in that process will be recognised and accepted by parties and the FWC as steps taken for the purpose of this clause”.

To amend an error where the wording at clauses E10.3.12 and E10.3.13 reverts to its prior wording to be consistent with the provisions in the Holiday Act 1958 which sets out the public holidays for the ACT and uses the word ‘and’ instead of the phrase ‘or one of the following’ when referring to the days on which Christmas Day and Boxing Day fall. This was sought by the following amendments:

• Clause E10.3.12 to read “The 25 December (Christmas Day) and:”
• Clause E10.3.12 (a) to read “If Christmas Day falls on a Saturday, the following Monday; or”
• Clause E10.3.13 to read “The 26 December (Boxing Day) and:”
• Clause E10.3.13 (a) to read “If Boxing Day falls on a Saturday – the following Monday; or” [8] It was put that the matters sought to be amended by the variations would not result in detriment to any employees covered by the Agreement. [9] The views of the AEU were sought in relation to the proposed variations. The AEU had no objection to the proposed variations. [10] I am satisfied that the proposed variations deal with obvious errors in the Agreement. The making of the variations will remove those obvious errors. It is appropriate in the circumstances to approve the variations. [11] The Agreement which is published with this decision includes the approval of variations referred to in paragraph [7] above. f_p_n_2_ [2024] FWCA 244 DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <AE523197 PR770429>

f_p_n_3_ ACT PUBLIC SECTOR CANBERRA INSTITUTE OF TECHNOLOGY (EDUCATORS) ENTERPRISE AGREEMENT 2023-2026 C~ Canberra Institute I I of Technology f_p_n_4_ © Canberra Institute of Technology Page 2 of 195 Date updated: 18/01/2024 This page intentionally left blank Canberra Institute of Technology f_p_n_5_ © Canberra Institute of Technology Page 3 of 195 Date updated: 18/01/2024 TABLE OF CONTENTS DICTIONARY ............................................................................................................ 11

SECTION A - Scope of Agreement ............................................................................ 15

• TITLE ...................................................................................................................................... 15

• MAIN PURPOSE ..................................................................................................................... 15

• APPLICATION AND COVERAGE* ............................................................................................. 17

• COMMENCEMENT AND DURATION ....................................................................................... 18

• OPERATION OF THE AGREEMENT .......................................................................................... 18

• AUTHORITY OF THE CHIEF EXECUTIVE* .................................................................................. 19

• AUTHORITY OF THE PUBLIC SECTOR STANDARDS COMMISSIONER ....................................... 19

• FLEXIBILITY TERM* ................................................................................................................ 20

• WORK ORGANISATION .......................................................................................................... 21

• TERMINATION OF AGREEMENT ........................................................................................... 22

SECTION B - Working in the ACT Public Sector ......................................................... 23

• ACHIEVING A BETTER WORK AND LIFE BALANCE ................................................................... 23

• TYPES OF EMPLOYMENT* ...................................................................................................... 23

• FIXED TERM EMPLOYMENT FOR SEASONAL EMPLOYEES* ..................................................... 23

• JOINT SELECTION COMMITTEES* ........................................................................................... 23

• PROBATION* ......................................................................................................................... 23

• RECORD KEEPING* ................................................................................................................. 24

• REVIEW OF EMPLOYMENT STATUS* ...................................................................................... 24

• SECURE EMPLOYMENT ........................................................................................................... 24

• SECURE WORKFORCE CONVERSION PROCESS ........................................................................ 25

• NOTICE OF TERMINATION .................................................................................................... 25

• FLEXIBLE WORKING ARRANGEMENTS AND EMPLOYEE SUPPORT* ...................................... 26

• MANAGEMENT OF WORKING HOURS* ................................................................................ 26

• SCHEDULING OF MEETINGS ................................................................................................. 26

• CASUAL EMPLOYMENT ARRANGEMENTS* ........................................................................... 27 Canberra Institute of Technology f_p_n_6_ © Canberra Institute of Technology Page 4 of 195 Date updated: 18/01/2024

• HOURS OF WORK FOR SHIFT WORKERS* ............................................................................. 27

• ACCRUED DAYS OFF (ADOS)* ............................................................................................... 27

• HOURS OF WORK FOR NON-SHIFT WORKERS*..................................................................... 27

• FLEXTIME* ........................................................................................................................... 27

• FLEXIBLE WORKING ARRANGEMENTS .................................................................................. 28

• MAKING A REQUEST FOR A FLEXIBLE WORKING ARRANGEMENT ........................................ 29

• REGULAR PART-TIME EMPLOYMENT ................................................................................... 32

• JOB SHARING ....................................................................................................................... 33

• PART-TIME EMPLOYMENT FOLLOWING BIRTH LEAVE, PRIMARY CARE GIVER LEAVE, ADOPTION, PERMANENT OR LONG TERM CARE LEAVE OR PARENTAL LEAVE .................................................. 33

• HOME BASED WORK* .......................................................................................................... 34

• EMPLOYEE ASSISTANCE PROGRAM ...................................................................................... 34

• VACATION CHILDCARE SUBSIDY ........................................................................................... 34

• FAMILY CARE COSTS............................................................................................................. 35

• NURSING EMPLOYEES .......................................................................................................... 35

• TRANSFER OF MEDICALLY UNFIT STAFF ............................................................................... 35

• TRANSFER TO A SAFE JOB DURING PREGNANCY .................................................................. 36

SECTION C - Rates of Pay and Allowances ............................................................... 37

• PART-TIME EMPLOYMENT ..................................................................................................... 37

• PAY INCREASES ...................................................................................................................... 37

• METHOD OF PAYMENT .......................................................................................................... 37

• PAYROLL DEDUCTION FOR UNION FEES ................................................................................. 37

• PAY POINTS AND INCREMENTS* ............................................................................................ 37

• ENTRY LEVEL PROGRAMS* ..................................................................................................... 38

• HIGHER DUTIES ALLOWANCE* ............................................................................................... 39

• PAYMENT FOR SHIFT WORKERS* ........................................................................................... 39

• OVERTIME* ............................................................................................................................ 39

• REST RELIEF AFTER OVERTIME* ............................................................................................ 39

• PAYMENT FOR PUBLIC HOLIDAY DUTY* ............................................................................... 39 Canberra Institute of Technology f_p_n_7_ © Canberra Institute of Technology Page 5 of 195 Date updated: 18/01/2024

• DAYLIGHT SAVING ARRANGEMENTS* .................................................................................. 40

• ON-CALL ALLOWANCES* ...................................................................................................... 40

• CLOSE-CALL ALLOWANCE* ................................................................................................... 40

• REST RELIEF FOR ON-CALL OR CLOSE-CALL SITUATIONS* ..................................................... 40

• EMERGENCY DUTY* ............................................................................................................. 40

• EMERGENCY MANAGEMENT PROVISION* ........................................................................... 40

• HEALTH AND WELLBEING PAYMENT .................................................................................... 40

• DIRECTORATE LIAISON OFFICER (DLO) ALLOWANCE ............................................................ 41

• OTHER ALLOWANCES* ......................................................................................................... 41

• REIMBURSEMENT OF REASONABLE RELOCATION EXPENSES................................................ 42

SECTION D - Pay Related Matters ............................................................................ 43

• SALARY SACRIFICE ARRANGEMENTS* .................................................................................... 43

• ATTRACTION AND RETENTION INCENTIVES ........................................................................... 43

• CLASSIFICATION AND WORK VALUE REVIEW ......................................................................... 43

• SUPPORTED WAGE SYSTEM* ................................................................................................. 44

• OVERPAYMENTS .................................................................................................................... 44

• UNDERPAYMENTS ................................................................................................................. 45

• SUPERANNUATION ................................................................................................................ 45

• PAYMENT ON DEATH ............................................................................................................. 46

SECTION E - Leave ................................................................................................... 47

• PART-TIME EMPLOYEES ......................................................................................................... 47

• LEAVE BELOW ONE DAY ......................................................................................................... 47

• NON-APPROVAL OF LEAVE ..................................................................................................... 47

• PERSONAL LEAVE ................................................................................................................... 47

• PERSONAL LEAVE IN SPECIAL, EXTRAORDINARY OR UNFORESEEN CIRCUMSTANCES ............. 52

• INFECTIOUS DISEASE CIRCUMSTANCES .................................................................................. 53

• ANNUAL LEAVE* .................................................................................................................... 53

• ANNUAL LEAVE LOADING* ..................................................................................................... 55 Canberra Institute of Technology f_p_n_8_ © Canberra Institute of Technology Page 6 of 195 Date updated: 18/01/2024

• PURCHASED LEAVE ................................................................................................................. 56

• PUBLIC HOLIDAYS ................................................................................................................. 58

• CHRISTMAS SHUTDOWN* .................................................................................................... 60

• COMPASSIONATE LEAVE ...................................................................................................... 60

• COMMUNITY SERVICE LEAVE ............................................................................................... 61

• BIRTH LEAVE......................................................................................................................... 64

• SPECIAL BIRTH LEAVE ........................................................................................................... 67

• PRIMARY CARE GIVER LEAVE................................................................................................ 68

• PARENTAL LEAVE ................................................................................................................. 70

• BONDING LEAVE................................................................................................................... 72

• GRANDPARENTAL LEAVE ...................................................................................................... 73

• ADOPTION, PERMANENT OR LONG TERM CARE LEAVE ........................................................ 75

• FOSTER AND SHORT-TERM CARE LEAVE ............................................................................... 77

• CONCURRENCY CARE ENTITLEMENT TO ADOPTION OF PERMANENT CARE LEAVE ............... 79

• FAMILY, DOMESTIC OR SEXUAL VIOLENCE LEAVE................................................................. 79

• RECOVERY LEAVE ARRANGEMENTS FOR EMPLOYEES ABOVE SENIOR OFFICER GRADE A AND EQUIVALENT* ............................................................................................................................... 82

• LONG SERVICE LEAVE* ......................................................................................................... 82

• DISABILITY LEAVE ................................................................................................................. 87

• SURROGACY LEAVE .............................................................................................................. 89

• GENDER AFFIRMATION LEAVE .............................................................................................. 91

• ASSISTED REPRODUCTIVE LEAVE .......................................................................................... 92

• OTHER LEAVE ....................................................................................................................... 94

SECTION F - Communication and Consultation ........................................................ 96

• CONSULTATION ...................................................................................................................... 96

• FREEDOM OF ASSOCIATION ................................................................................................... 98

• RIGHT OF EXISTING AND NEW EMPLOYEES TO REPRESENTATION IN THE WORKPLACE.......... 98

• CO-OPERATION AND FACILITIES FOR UNIONS AND OTHER EMPLOYEE REPRESENTATIVES ..... 99

• ATTENDANCE AT INDUSTRIAL RELATIONS COURSES AND SEMINARS ................................... 100 Canberra Institute of Technology f_p_n_9_ © Canberra Institute of Technology Page 7 of 195 Date updated: 18/01/2024

• DISPUTE AVOIDANCE AND SETTLEMENT PROCEDURES ........................................................ 100

• PRIVATISATION .................................................................................................................... 102

SECTION G - Workplace Values and Behaviours ..................................................... 103

• INTRODUCTION ................................................................................................................... 103

• PRELIMINARY ASSESSMENT................................................................................................. 104

• COUNSELLING ...................................................................................................................... 105

• MISCONDUCT AND DISCIPLINE ............................................................................................ 106

• DEALING WITH ALLEGATIONS OF MISCONDUCT .................................................................. 106

• REASSIGNMENT, TRANSFER OR SUSPENSION ...................................................................... 107

• INVESTIGATIONS ................................................................................................................. 109

• FINDINGS OF MISCONDUCT ................................................................................................. 109

• DISCIPLINARY ACTION AND SANCTIONS .............................................................................. 110

• CRIMINAL CHARGES ........................................................................................................... 111

• RIGHT OF APPEAL .............................................................................................................. 112

SECTION H - Underperformance ............................................................................ 113

• INTRODUCTION ................................................................................................................... 113

• UNDERPERFORMANCE ........................................................................................................ 113

• APPEAL RIGHTS.................................................................................................................... 115

SECTION I - Internal Review Procedures ............................................................... 116

• OBJECTIVES AND APPLICATION ............................................................................................. 116

• DECISIONS AND ACTIONS EXCLUDED .................................................................................... 116

• INITIATING A REVIEW ........................................................................................................... 117

• REVIEW PROCESS .................................................................................................................. 117

• RIGHT OF EXTERNAL REVIEW ................................................................................................ 119

SECTION J - Appeal Mechanism for Misconduct, Underperformance and Other Matters.............................................................................................. 120

• OBJECTIVE AND APPLICATION .............................................................................................. 120

• INITIATING AN APPEAL ......................................................................................................... 120 Canberra Institute of Technology f_p_n_10_ © Canberra Institute of Technology Page 8 of 195 Date updated: 18/01/2024

• INDEPENDENT APPEAL MEMBERS ........................................................................................ 121

• POWERS AND ROLE OF THE INDEPENDENT APPEAL MEMBER .............................................. 121

• COSTS ................................................................................................................................... 122

• RIGHT OF EXTERNAL REVIEW ................................................................................................ 122

SECTION K - Appeal and Process Reviews of certain recruitment decisions ........... 123

• APPLICATION ....................................................................................................................... 123

• APPEALS ABOUT PROMOTIONS AND TEMPORARY TRANSFER TO HIGHER OFFICE ............... 123

• PROCESS REVIEW ................................................................................................................. 124

SECTION L - Redeployment and Redundancy ........................................................ 126

• DEFINITIONS ......................................................................................................................... 126

• APPLICATION ........................................................................................................................ 126

• CONSULTATION .................................................................................................................... 126

• NOTIFICATION ...................................................................................................................... 127

• REDEPLOYMENT ................................................................................................................... 127

• VOLUNTARY REDUNDANCY .................................................................................................. 128

• RETENTION PERIOD FOR EXCESS OFFICERS ........................................................................... 129

• REDUCTION IN CLASSIFICATION ........................................................................................... 130

• INVOLUNTARY RETIREMENT................................................................................................. 130

• INCOME MAINTENANCE PAYMENT .................................................................................... 130

• LEAVE AND EXPENSES TO SEEK EMPLOYMENT ................................................................... 131

• USE OF PERSONAL LEAVE ................................................................................................... 131

• APPEALS ............................................................................................................................. 131

• AGREEMENT NOT TO PREVENT OTHER ACTION .................................................................. 131

• RE-ENGAGEMENT OF PREVIOUSLY RETRENCHED OFFICERS ................................................ 131

SECTION M - CIT Specific Conditions ....................................................................... 132

• OPERATION OF CIT SPECIFIC CONDITIONS .......................................................................... 132

• TEMPORARY TRANSFER ...................................................................................................... 132

• INCREMENTAL ADVANCEMENT .......................................................................................... 132 Canberra Institute of Technology f_p_n_11_ © Canberra Institute of Technology Page 9 of 195 Date updated: 18/01/2024

• HOME BASED WORK ........................................................................................................... 132

• WORKPLACE HEALTH AND SAFETY...................................................................................... 133

• LONG SERVICE LEAVE .......................................................................................................... 134

• CONVERSION OF PART-TIME LONG SERVICE LEAVE CREDITS .............................................. 134

• CHRISTMAS SHUTDOWN .................................................................................................... 134

• OVERSEAS COMMERCIAL ALLOWANCE (OSCA) ................................................................... 134

• QUALIFICATION REQUIREMENTS ...................................................................................... 135

• EMPLOYEE DEVELOPMENT (QUALIFICATIONS) ................................................................. 137

• SENIOR EDUCATION LEADER ............................................................................................. 137

• SESSIONAL (TEMPORARY/FIXED-TERM) EMPLOYMENT ARRANGEMENTS ........................ 138

• SELECTION COMMITTEES .................................................................................................. 138

• PROBATION ...................................................................................................................... 139

• RECORD KEEPING .............................................................................................................. 139

• CASUAL EMPLOYMENT ARRANGEMENTS ......................................................................... 139

• HOURS AND ATTENDANCE ................................................................................................ 140

• RIGHT TO DISCONNECT ..................................................................................................... 142

• DIRECT TEACHING AND COORDINATION ........................................................................... 142

• MANAGING EDUCATOR TIME AND WORKLOADS ............................................................. 143

• CONSULTATION REGARDING THE TEACHING CALENDAR .................................................. 144

• DESIGNATION OF EDUCATIONAL DEVELOPMENT AND SUPPORT (EDS) POSITIONS .......... 144

• FLEXTIME .......................................................................................................................... 144

• PAID NON-ATTENDANCE................................................................................................... 144

• BREAKS ............................................................................................................................. 145

• CIT PERFORMANCE MANAGEMENT FRAMEWORK ............................................................ 145

• REDUCTION IN ALLOCATED ANNUAL TEACHING LOAD FOR LEARNING AND DEVELOPMENT146

• STRATEGIC LEARNING AND DEVELOPMENT PRIORITIES .................................................... 147

• APPROACH TO LEARNING AND DEVELOPMENT ................................................................ 147

• INDIVIDUAL LEARNING AND DEVELOPMENT ALLOCATIONS ............................................. 147

• QUALIFICATIONS AND SKILLS ACHIEVEMENT FUND .......................................................... 149 Canberra Institute of Technology f_p_n_12_ © Canberra Institute of Technology Page 10 of 195 Date updated: 18/01/2024

• STRATEGIC LEARNING AND DEVELOPMENT FUND ............................................................ 150

• LEARNING AND DEVELOPMENT ADMINISTRATION ........................................................... 150

• REWARD AND RECOGNITION ............................................................................................ 150

• HIGHER EDUCATION ......................................................................................................... 150

• NEW EDUCATOR DEVELOPMENT ...................................................................................... 151

• INDUSTRY CURRENCY ....................................................................................................... 151

• HIGHER DUTIES ALLOWANCE ............................................................................................ 151

• OVERTIME ........................................................................................................................ 152

• ALLOWANCES ................................................................................................................... 153

• ANNUAL LEAVE ................................................................................................................. 153

• ANNUAL LEAVE LOADING ................................................................................................. 153

• RECOGNITION OF TEACHING HOURS WHILE ON LEAVE ..................................................... 153

• ADDITIONAL CONDITIONS/EMPLOYMENT ARRANGEMENTS ............................................ 154

• PILOT OPTION (WORKING CONTRIBUTION AND WORKLOAD) .......................................... 154

• CHANGES TO ANNEX A CLASSIFICATIONS ......................................................................... 154 Attachment A ......................................................................................................... 157

ANNEX A - – CLASSIFICATIONS AND RATES OF PAY ................................................... 158

ANNEX B - – ATTRACTION AND RETENTION INCENTIVES ........................................... 161

ANNEX C - – EXPENSE, DISABILITY AND SKILL RELTAED ALLOWANCES....................... 169

ANNEX D - – OTHER LEAVE ........................................................................................ 173

ANNEX E - – WORK LEVEL STANDARDS ..................................................................... 189 Canberra Institute of Technology f_p_n_13_ © Canberra Institute of Technology Page 11 of 195 Date updated: 18/01/2024 DICTIONARY ACTPS means the public sector established by the PSM Act. To avoid doubt, this includes Canberra Institute of Technology. Agreement means the ACT Public Sector Canberra Institute of Technology (Educators) Enterprise Agreement 2023–2026 and includes all Annexes and Schedules. Appointed means an appointment in accordance with Part 5 Division 5.3 of the PSM Act. Assisted Reproductive Leave means the following assisted reproductive treatments: Intrauterine insemination (IUI), In vitro fertilisation (IVF) and Intracytoplasmic sperm injection (ICSI) and related medical appointments. Business Day means any day of the week that is a Monday to Friday, which is not a Public Holiday. Carer means an employee who provides in addition to the employee’s normal family responsibilities, care and support on a regular basis to other family members or other persons who are sick or ageing, have an injury, have a physical or mental illness or a disability. Casual Employee means a person engaged under section 111 of the PSM Act to perform work with no firm advance commitment to continuing and indefinite work according to an agreed pattern of work. Chief Executive means a person appointed under the Financial Management Act 1996 to undertake the function of Chief Executive Officer at CIT. Child includes children in the case of multiple births. CIT means the Canberra Institute of Technology. CITCC means the CIT Consultative Committee established under clause F1 - of this Agreement. College Director means a person employed at the Manager Education – Level 2 (MEL2), or from 5 December 2024, the College Director Level classification with responsibility for the efficient management of a teaching college. A College Director may, under the organisational structure in place at the commencement of this Agreement, operate with a second director to jointly manage a teaching college. Consultation means providing relevant information to employees and their union or other employee representatives. It means more than a mere exchange of information. For consultation to be effective the participants must be contributing to the decision-making process not only in appearance but in fact. Counts as service for all purposes means also the provision of employer superannuation contributions to the extent of an employee’s superannuation fund rules. Daylight Equivalent (DE) means, in accordance with the provisions of clause M18 - (Hours and Attendance), the allocation of one and a quarter hours for each hour worked as part of the annual teaching load after 5.30p.m. on weekdays; the allocation of one and a half hours for each hour worked as part of the annual teaching load worked on Saturday, and the allocation of one and three quarter hours for each hour worked as part of the annual teaching load worked on Sunday. Delegate means the Chief Executive or the person authorised by the Chief Executive to perform specific functions under this Agreement. Direct Teaching means training activity associated directly with a student’s learning as outlined in clause M20 - (Direct Teaching and Coordination). Directorate means an administrative unit so named or other government agency within the meaning of the PSM Act and Calvary Health Care ACT Limited. Canberra Institute of Technology f_p_n_14_ © Canberra Institute of Technology Page 12 of 195 Date updated: 18/01/2024 Director-general means a person engaged under subsection 31(2) of the PSM Act as the director-general of the directorate and includes a person who exercises head of service powers in relation to the appointment, engagement and employment of staff in a government agency in accordance with the PSM Act or other Territory law, but only in relation to staff of that government agency. Disability means a permanent or ongoing physical or psychological disability attributable to one or more intellectual, cognitive, neurological, sensory or physical impairments or to one or more impairments attributable to a psychiatric condition. Domestic Partnership means a relationship between 2 people, whether of a different or the same sex, living together as a couple on a genuine domestic basis. EDS designated position means a position at a Educator Level 1 or 2, or Head of Department Level classification that has been designated as an Educational Development and Support position in line with clause M23 - (Designation of Educational Development and Support (EDS) Positions) of this Agreement. Educator Level 1 means the first classification level for a CIT employee, as provided at Annex A (Classifications and Rates of Pay), with base-level functions provided at Annex E (Work Level Standards). A reference to Educator Level 1 should be interpreted to mean a reference to Teacher Level 1, unless a clear contrary intention appears. Educator Level 2 means the second classification level for a CIT employee, as provided at Annex A (Classifications and Rates of Pay), with base-level functions provided at Annex E (Work Level Standards). A reference to Educator Level 2 should be interpreted to mean a reference to Teacher Level 2, unless a clear contrary intention appears. Eligible Casual Employee, for the purposes of clause E15 - (Special Birth Leave), clause E17 - (Parental Leave), Section G (Workplace Values and Behaviour), and Section H (Underperformance) only, means an employee for which all of the following apply: (a) They have been employed as a casual employee. (b) They have been employed by the ACTPS on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months. (c) They have a reasonable expectation of continuing to be employed by the ACTPS on a regular and systematic basis. Employee means (unless there is a clear intention in this Agreement to restrict the meaning) an officer or a casual employee or a temporary employee who is employed or engaged under the PSM Act in a classification set out in Annex A, excluding a person engaged as head of service under subsection 31(1) of the PSM Act, persons engaged as directors- general under subsection 31(2) of the PSM Act, or persons engaged as executives under subsection 31(2) of the PSM Act. Employee Representative means any person chosen by an employee, or a group of employees, to represent the employee(s). Family Violence is as defined under the Family Violence Act (ACT) 2016. FW Act means the Fair Work Act 2009. FWC means Fair Work Commission. Fair work Regulations or FW Regulations mean the Fair Work Regulations 2009. Head of Department means a person employed at the Manager Education – Level 1 (MEL1), or from 5 December 2024, the Head of Department Level classification who is responsible for managing staff and other resources associated with a department. Head of service means a person engaged under subsection 31(1) of the PSM Act as the head of service and the head of service for the ACT Long Service Leave Authority or a person who exercises head of service powers in relation to the appointment, engagement and employment of staff in a government agency (including CIT) in accordance with the PSM Act or other territory law, but only in relation to staff of that government agency. Canberra Institute of Technology f_p_n_15_ © Canberra Institute of Technology Page 13 of 195 Date updated: 18/01/2024 Household Member means a person (other than the employee’s immediate family) residing in the employee’s normal place of residence at the time of their illness, injury, emergency or death. Immediate Family means a person who is any of the following: (a) A domestic partner (including a former domestic partner). (b) A child or an adult child, parent, grandparent, grandchild or sibling of the employee or domestic partner of the employee. (c) A person related to the employee by Aboriginal or Torres Strait Islander kinship structures. (d) A child who is the subject of a permanent caring arrangement. (e) An adopted child. ‘Immediate family’ includes adopted, step-, fostered or ex-nuptial immediate family where these circumstances exist. Additionally, the chief executive may consider that the definition of ‘immediate family’ be extended for a particular decision involving an employee where exceptional circumstances exist. This might include other close family members or an employee who lives alone and has no-one to nominate as ‘immediate family’, may nominate one person, in similar circumstances, for the purpose of caring responsibilities. Industrial Democracy means that CIT employees have the opportunity to influence decisions affecting their work, their working environment and processes. It is about establishing a climate for problem-solving and decision-making through open and timely communication, access to information and collaborative strategies. Long-term Temporary means a person who is engaged under the PSM Act for a period of 12 months or more. Manager means a person who has responsibility for planning, organising and leading a work unit or group activity. Manager Education - Level 1 means the first management level classification for a CIT employee, as provided at Annex A (Classifications and Rates of Pay), with base-level functions provided at Annex E (Work Level Standards). Positions at this classification are locally titled Head of Department. Manager Education - Level 2 means the top management level classification for a CIT employee, as provided at Annex A (Classifications and Rates of Pay), with base-level functions provided at Annex E (Work Level Standards). Positions at this classification are locally titled College Director. Miscarriage is as defined under the Fair Work Act 2009 (Cth). National Employment Standards means Part 2-2 of the Fair Work Act 2009 (Cth), as amended from time to time. Officer means a person who is appointed as an officer under Division 5.3 of the PSM Act. Note: Permanent staff are officers. Permanent or Long Term Caring Responsibility means an out of home care placement for a child until the child turns 18 as defined by the Children and Young People Act 2008 (ACT) or as defined under equivalent legislation within other Australian states or territories. Primary 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 person’s care in that period and the person meets the child’s physical needs more than anyone else in that period. Public Sector Management Act or (PSM Act) means the Public Sector Management Act 1994 as varied, or replaced. Public Sector Management Standards or (PSM Standards) means the Public Sector Management Standards as varied made under section 251 of the PSM Act. Public sector standards commissioner means a person appointed under section 142 of the PSM Act. Canberra Institute of Technology f_p_n_16_ © Canberra Institute of Technology Page 14 of 195 Date updated: 18/01/2024 Registered Health Professional means a health professional registered, or licensed, as a health professional (or as a health professional of a particular type) under a law of a State or Territory that provides for the registration or licensing of health professionals (or health professionals of that type). Registered Medical Practitioner means a person registered, or licensed as a medical practitioner under a law of a state or territory that provides for the registration or licensing of medical practitioners. Registered Midwife means a person whose name is included in the Register of Midwives kept by the National Board for midwifery. Service or ACT Public Service means the ACT Public Service established by the PSM Act. Short Term Care means an out of home care placement for a child (or children) of up to 2 years duration as defined by the Children and Young People Act 2008 (ACT) or as defined under equivalent legislation within other Australian states or territories. Short-term Temporary Employee means an employee engaged under the PSM Act for a period of less than 12 months. Standard Hours are the hours used for calculating salary and leave entitlements. For a 36.75 hours per week position standard 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 position standard hours are from 8:30 am to 12:30 pm and from 1:30 pm to 5:06pm pm Monday to Friday (unless otherwise agreed in writing by the employee and the manager or supervisor). Stillbirth/Stillborn Child is as defined under the Fair Work Act 2009 (Cth). Strategic Board means the senior management team, comprising the head of service and the 8 directors-general, responsible for providing whole-of-government leadership and strategic direction to the ACT Public Service. Supervisor means a person who has direct supervisory responsibility for one or more employees CIT. Teacher Level 1 means the first classification level for a CIT employee, as provided at Annex A (Classifications and Rates of Pay), with base-level functions provided at Annex E (Work Level Standards). From 5 December 2024 Teacher Level classifications will be renamed to the Educator Level. Teacher Level 2 means the second classification level for a CIT employee, as provided at Annex A (Classifications and Rates of Pay), with base-level functions provided at Annex E (Work Level Standards). From 5 December 2024 Teacher Level classifications will be renamed to the Educator Level. Temporary Employee means a person engaged under the PSM Act for a specific period of time or for a specified task under Division 5.8 of the PSM Act, excluding a person engaged under section 31(1) of the PSM Act as head of service, persons engaged as directors-general under section 31(2) of the PSM Act or persons engaged as executives under section 31(2) of the PSM Act. Union(s) means a union or unions which are covered by this Agreement, who are registered under the Fair Work (Registered Organisations) Act 2009 (Cth). WHS Act means the Work Health and Safety Act 2011. Canberra Institute of Technology f_p_n_17_ © Canberra Institute of Technology Page 15 of 195 Date updated: 18/01/2024

This Agreement, made under section 172 of the Fair Work Act 2009, will be known as the ACT Public Sector Canberra Institute of Technology (Educators) Enterprise Agreement 2023-2026.

The main purpose of this Agreement is to provide for common terms and conditions that apply across the Australian Capital Territory Public Sector (ACTPS) and terms and conditions that reflect the operational and business requirements of the Canberra institute of Technology (CIT). Retaining our people

In order to promote permanent employment and job security for employees, CIT will endeavour to minimise the use of temporary and casual employment.

CIT agrees to the use of temporary employees only where there is no officer available with the expertise, skills or qualifications required for the duties to be performed or the assistance of a temporary nature is required for the performance of urgent or specialised work within CIT and it is not practical in the circumstances to use the services of an existing officer.

Casual employment may be utilised to meet short-term work demands or specialist skill requirements which are not continuing and would not be anticipated to be met by existing employee levels. Casual employment must not be utilised for the purpose of undermining the job security of temporary and permanent employees.

In respect of casual employment, a conversion to full-time or part-time permanent employment will be considered in accordance with the ACT Government’s Secure Workforce Conversion Process where: regular and systematic patterns of work have existed in the 6 month period prior to the employee’s 12 month anniversary; and where there is a reasonable expectation that such arrangements can continue, on a part-time or full-time permanent basis without significant changes. Note: This is in addition to the FW Act right to request conversion.

The ACTPS will continue to consult with unions and employees on the development of strategies and initiatives that may assist in the successful recruitment and retention of mature age employees. Such strategies and initiatives will be the subject of discussion and agreement between the employee and the chief executive.

These strategies and initiatives may include any of the following:

Developing flexible working arrangements, such as variable employment, part-year employment, job sharing and purchased leave.

Planning phased retirement arrangements for individual mature age employees who are considering retirement within 4 to 5 years, including through reducing the employee’s management or higher level responsibilities during a phased retirement period.

Examining the implications of current superannuation legislation for using such flexible employment and working arrangements and informing affected employees how such implications may be addressed.

Arranging training to assist the employee in any changing roles the employee may have as part of the employee’s phased retirement. Canberra Institute of Technology f_p_n_18_ © Canberra Institute of Technology Page 16 of 195 Date updated: 18/01/2024

Developing arrangements to facilitate the return of former mature age employees, including by engaging such persons for a short period in a mentoring capacity.

At the discretion of the chief executive, contributing to the cost to an employee of financial advice received as part of planning for a phased retirement period. Attracting future employees

The ACTPS will consult with the union(s) through the CIT Consultative Committee (CITCC) to develop strategies to assist in attracting and retaining suitable employees. This will involve development of appropriate strategies and processes, including the conduct of surveys of staff, to assist this objective. Developing our people

The ACTPS will consult and agree with the union(s) on the development and finalisation of Learning and Development Plans and on the annual key learning and development priorities. The ACTPS and the union(s) will also agree on the equitable use of resources to address these priorities and strategies appropriate for the different categories of employees. For the purposes of this clause, "resources" includes, but is not limited to, employees, time, funding (where required) and equipment.

This Agreement supports a performance culture within CIT that promotes ethical workplace conduct and rewards employees for their contribution towards the achievement of CIT’s objectives.

It is acknowledged that performance management is important to employee development and to ensuring that the relationship between corporate, team and individual responsibilities is aligned to individual, team and organisational objectives.

Any performance management schemes in CIT will not include performance pay and will not be used for disciplinary purposes. Recognising our people

CIT is committed to achieving an environment where employees feel valued for the contribution they make to achieving organisational goals. The most effective form of recognition is timely and appropriate feedback. CIT will consult with the union(s) on other effective ways of recognising and rewarding the achievement of individuals and work groups.

Any outcomes of this consultation will only be implemented by agreement of CIT and the union(s). Ensuring fairness

CIT recognises and encourages the contribution that people with diverse backgrounds, experiences and skills can make to the workplace. CIT aims to ensure that this diversity is able to contribute to effective decision making and delivery of client service.

CIT will work with employees to prevent and eliminate discrimination on the basis of sex, sexuality, gender identity, relationship status, status as a parent or carer, pregnancy, breastfeeding, race, religious or political conviction, disability, industrial activity, age, profession, trade, occupation or calling, association, or a spent conviction, in accordance with the Discrimination Act 1991. Achieving a better work and life balance

CIT is committed to providing employees with a work-life balance that recognises the family and other personal commitments of employees.

CIT acknowledges the commitment and responsibilities that Aboriginal and Torres Strait Islander employees have to their community, and that Aboriginal or Torres Strait Islander identity is not left at the door when entering the workplace. CIT recognises that Aboriginal and Torres Strait Islander Canberra Institute of Technology f_p_n_19_ © Canberra Institute of Technology Page 17 of 195 Date updated: 18/01/2024 employees have the capacity to make a unique and important contribution and bring a strength to the operations of the Australian Capital Territory and Public Sector.

This Enterprise Agreement provides a number of entitlements specific to Aboriginal and Torres Strait Islander employees in recognition of their community and cultural responsibilities, and in this statement expressly recognises the roles that Aboriginal and Torres Strait Islander employees may be required to undertake as part of their community. Involvement in community is an on- going function for Aboriginal and Torres Strait Islander peoples and is not tied to ‘office hours’.

It is recognised that commitment to community can result in expectations being placed on Aboriginal and Torres Strait Islander employees that may not be expected of other employees, and that Aboriginal and Torres Strait Islander employees may be culturally bound to the performance of specific functions for their community. It is also recognised that Aboriginal and Torres Strait Islander employees may be impacted in their lives by a variety and accumulation of cultural factors.

Within and subject to operational requirements, supervisors and managers should seek to work with Aboriginal and Torres Strait Islander employees to support utilising the appropriate entitlements contained in this Agreement and achieve an appropriate balance between cultural and community responsibilities, and workplace duties. Promoting a healthy and safe working environment

CIT is committed to promoting, achieving and maintaining the highest levels of health and safety for all employees.

CIT is committed to facilitating workforce participation at a level that meets the needs of each individual and accounts for their particular circumstances.

CIT will take all reasonable steps and precautions to provide a healthy, safe and secure workplace for the employee. The ACTPS and all employees will act in a manner that is consistent with the Work Health and Safety Act (WHS Act).

Further, given the clear evidence of the benefits and cost effectiveness of workplace health initiatives for both employers and employees, the ACTPS will develop health and wellbeing policies and programs that promote healthy lifestyles and help maintain a high standard of physical and mental health, along with supporting individual workplace safety and general wellbeing. Such policies and programs may include any of the following:

Organisational and environmental policies and programs.

Awareness, training and education programs that promote healthy lifestyles, assist employees to identify and reduce risk factors.

Traditional and non-traditional physical activity programs. Climate change mitigation and sustainability

The parties acknowledge all of the following:

That climate is changing and this affects residents of the ACT.

The ACT has a long-term emissions reduction target of net zero greenhouse gas emissions by the year 2050 with a series of interim targets to achieve that goal.

Education, discussion, information sharing and cooperation in the workplace is an important part of supporting the achievement of the emissions target.

This Agreement applies to and covers all of the following: Canberra Institute of Technology f_p_n_20_ © Canberra Institute of Technology Page 18 of 195 Date updated: 18/01/2024

The Chief Executive of Canberra Institute of Technology on behalf of the Australian Capital Territory

Persons engaged by the chief executive of CIT under the Public Sector Management Act 1994 (PSM Act) at any time when the Agreement is in operation in one of the classifications in Annex A.

Subject to the Fair Work Commission (FWC) noting in its decision to approve this Agreement that it covers these unions, this Agreement covers all of the following:

This Agreement will commence operation 7 days after it is approved by the FWC.

The nominal expiry date of this Agreement is 31 March 2026.

The chief executive and unions covered by this Agreement agree to commence bargaining for a new replacement Agreement no later than 8 months prior to the nominal expiry date of this Agreement.

Copies of this Agreement will be made available, in paper or electronic form, to all employees covered by the Agreement.

This Agreement is comprehensive and provides the terms and conditions of employment of employees covered by this Agreement, other than terms and conditions applying under applicable legislation.

Applicable legislation includes all of the following:

Public Sector Management Act 1994 (ACT) (PSM Act)

Public Sector Management Standards (PSM Standards)

Financial Management Act 1996 (ACT) (FM Act)

Work Health and Safety Act 2011 (ACT) (WHS Act)

Territory Records Act 2002 (ACT) (TR Act)

Safety, Rehabilitation and Compensation Act, 1988 (Cth) (SRC Act)

Superannuation Guarantee (Administration) Act 1992 (Cth)

Integrity Commission Act 2018 (ACT) (IC Act)

Public Interest Disclosure Act 2012 (ACT) (PID Act)

Labour Hire Licensing Act 2020 (ACT) (LHL Act)

Canberra Institute of Technology Act 1987 (ACT) (CIT Act)

This Agreement constitutes a closed agreement in settlement of all claims for its duration. Therefore, during the life of this Agreement, there will be no further claims that affect the provisions of this Agreement, except where these claims are consistent with the terms of this Agreement. This clause does not limit the rights to vary an agreement under the FW Act .

This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) of the FW Act. If there is inconsistency between this Agreement and the NES, Canberra Institute of Technology f_p_n_21_ © Canberra Institute of Technology Page 19 of 195 Date updated: 18/01/2024 and the NES provides greater benefit, the NES provision will apply to the extent of the inconsistency.

This Agreement prevails over ACT legislation, including the PSM Act and the PSM Standards and relevant policy statements and guidelines to the extent of any inconsistency.

To the extent of any inconsistency between a provision in section M and sections A to L of this Agreement, the provision in section M will prevail.

The chief executive may, in writing, delegate any power or function that the chief executive has under this Agreement to another person or position within CIT, subject to directions, except for this power of delegation and the powers under:

Annex D, section 16 (Campaign for election)

This does not limit the power of the chief executive to authorise a person to act for and on the chief executive’s behalf.

Only the chief executive may, in writing, sub-delegate a power or function delegated to them by the head of service.

In this Agreement reference to the chief executive may be taken to mean delegate where the chief executive has delegated the particular power or function under subclause A6.1.

• Authority of the Public Sector Standards Commissioner

Where the Public Sector Standards Commissioner has express powers under this Agreement, only the Public Sector Standards Commissioner may delegate, in writing, those powers to another person or position within the ACTPS, subject to directions, except for this power of delegation.

This does not limit the power of the Public Sector Standards Commissioner to authorise a person to act for and on behalf of the Public Sector Standards Commissioner.

Where the Public Sector Standards Commissioner is conducting investigations by reference to section 144(1)(a)(i) of the PSM Act about a matter declared by the Chief Minister in the way prescribed, the Public Sector Standards Commissioner is not limited to or bound by the investigation procedures contained in clause G7 - and clause G8 - of this Agreement. Canberra Institute of Technology f_p_n_22_ © Canberra Institute of Technology Page 20 of 195 Date updated: 18/01/2024

The chief executive and an individual employee may agree to vary the application of certain provisions of this Agreement to meet the particular needs of CIT and of the individual employee (an individual flexibility arrangement).

The chief executive and an individual employee may agree to vary, through an individual flexibility arrangement, any of the following provisions of this Agreement:

Vacation childcare subsidy (clause B26 -)

The chief executive must ensure that the terms of an individual flexibility arrangement meet all of the following:

They would be permitted if the arrangement were an enterprise agreement.

They do not include a term that would be an unlawful term if the arrangement were an enterprise agreement.

They will result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to.

The chief executive must ensure that the individual flexibility arrangement meets all of the following:

It identifies the clause in A8.2 of this Agreement that the chief executive and the employee have agreed to vary.

It sets out details of how the arrangement will vary the effect of the clause.

It includes details of how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement.

It states the day the arrangement commences.

An individual flexibility arrangement made under this clause must be genuinely agreed to by the chief executive and the individual employee.

Except as provided in paragraph A8.7.2, an individual flexibility arrangement made under this clause must not include a provision that requires the individual flexibility arrangement to be approved, or consented to, by another person.

The chief executive must ensure that an individual flexibility arrangement made under this clause is made in writing and signed by the following:

In all cases – by the employee and the chief executive.

If the employee is under 18 – by a parent or guardian of the employee.

The chief executive must give the employee a copy of an individual flexibility arrangement made under this clause within 14 days after it is agreed to.

The chief executive or the employee may terminate the individual flexibility arrangement by doing either of the following:

Giving written notice of no more than 28 days to the other party to the arrangement.

Both parties agree in writing – at any time. Canberra Institute of Technology f_p_n_23_ © Canberra Institute of Technology Page 21 of 195 Date updated: 18/01/2024

The right to make an individual flexibility arrangement under this clause is in addition to, and is not intended to otherwise affect, the right of the chief executive and an individual employee to make an agreement under any other provision of this Agreement.

Notwithstanding clause A8.2, employees who elect to participate in pilot programs developed under clause M46 may also agree to have the following provisions varied through an individual flexibility arrangement:

Sessional Employment Arrangements (Clause M13 -)

Direct Teaching Activities and Coordination (Clause M20 -)

Managing Educator Time and Workload (Clause M21 -)

Reduction in Teaching Load for Learning and Development (Clause M28 -)

Recognition of Teaching Hours while on Leave (Clause M44 -)

An employee agrees to carry out all lawful and reasonable directions of the chief executive according to the requirements of the work and the employee’s skill, experience and competence, in accordance with this Agreement, and without deskilling the employee.

An employee will not, unless this is done in the course of the employee’s duties or as required by law or by CIT, use or disclose to any person any confidential information about CIT’s business that becomes known to the employee during the employee’s employment.

CIT will not reveal to any person any medical, financial or personal details of the employee that CIT may have obtained, except with the permission of the employee or where CIT is under a legal obligation to do so.

Subject to subclauses A9.5 to A9.8 and limited to new employees of the ACTPS whose employment with the ACTPS commences on or after the commencement of this Agreement (new employee), the ACTPS will provide details of the new employee’s employment to the relevant union(s) (irrespective of whether the employee has elected to become a member of the union).

The details of the new employee’s employment which the ACTPS may provide to a relevant union is limited to the new employee’s first name and surname, the ACT Government contact information for the new employee (email address and contact phone number), and the position and directorate in which the new employee is engaged. The ACTPS will not provide the information to the union(s) until at least 21 days after the new employee has commenced employment.

Subclause A9.4 does not apply if the chief executive has received written notification from the new employee, either prior to their commencement of employment, or within 14 days after their commencement, that the employee does not consent to the information specified in subclause

being shared with the relevant union(s). Canberra Institute of Technology f_p_n_24_ © Canberra Institute of Technology Page 22 of 195 Date updated: 18/01/2024

Each of the unions referred to in subclause A3.2 who wish to receive the information referred to in subclause A9.5 must advise the ACTPS of the classifications covered by this Agreement which, in accordance with its rules, the union is entitled to represent. Upon receipt of that advice from the unions, the ACTPS will compile a schedule and provide it to the unions (Union Representation Schedule).

The ACTPS will only provide new employee information to the relevant union(s) under subclause

in accordance with the Union Representation Schedule and will do so on a monthly basis.

CIT and the union(s) covered by this Agreement agree that the maintenance of, and adherence to, agreed terms and conditions of employment is a key component of good workplace relations and a dispute free workplace. They therefore agree that they will not exercise their right to terminate this Agreement under the FW Act. Canberra Institute of Technology f_p_n_25_ © Canberra Institute of Technology Page 23 of 195 Date updated: 18/01/2024

SECTION B - Working in the ACT Public Sector

• Achieving a Better Work and Life Balance

CIT is committed to a healthy work-life balance, supporting employees to reconcile work with their family and other personal commitments.

The ACTPS will promote a healthy work-life balance through facilitating flexible working arrangements, including hybrid work, in accordance with the provisions in this section.

Hybrid work is a flexible working arrangement whereby employees have the option to work in various locations as agreed with the chief executive. This arrangement will differ across the ACTPS and for individual employees and will recognise the operational and business requirements of CIT.

• Types of Employment* This clause should be read in conjunction with clause M13 -.

A person will be engaged under the PSM Act in one of the following categories:

Permanent employment as an officer on a full-time or permanent part-time basis, including appointment with or without probation.

Short-term temporary employment for a period not exceeding 12 months on a full- time or part-time basis, engaged for a specified period of time or for a specified task or as an apprentice, trainee; or cadet.

Long-term temporary employment for a period greater than 12 months but not exceeding 5 years on a full-time or part-time basis, engaged for a specified period of time or for a specified task or as an apprentice, seasonal employee, trainee, or cadet.

Sessional employment, as contained in clause M13.

Persons engaged on a part-time basis will receive, on a proportionate basis, equivalent pay and conditions to those of full-time employees unless specifically stated elsewhere in this Agreement.

• Fixed Term Employment for Seasonal Employees* This clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.

• Joint Selection Committees* Details on joint selection committees for employees covered by this Agreement are contained in clause M14 -.

• Probation* This clause shuld be read in conjunction with clause M15 -.

Where an officer is appointed on probation under the PSM Act, the period of probation will ordinarily be no more than 6 months.

The probation period can only be longer than 6 months if it is in accordance with approved Training Scheme employment arrangements (for example at C6 -) or where the period of probation has been extended following an assessment of performance.

The chief executive must, at the time an officer is appointed on probation, inform the officer in writing of the period of probation and the criteria and objectives to be met for the appointment to be confirmed. Canberra Institute of Technology f_p_n_26_ © Canberra Institute of Technology Page 24 of 195 Date updated: 18/01/2024

Probation provides a supportive process for the officer during which mutual evaluation and decisions about permanent appointment can be made.

There must be at least 2 formal assessments of an officer’s performance at appropriate and reasonable points of the probationary period. The chief executive must provide the officer with a copy of each assessment report and provide the officer an opportunity to respond within 7 business days.

If the assessment warrants the manager or supervisor’s recommendation that the chief executive terminate the officer’s employment, that recommendation must be included in the assessment report.

Where an employee’s employment is to be terminated at the initiative of the chief executive, the employee must be given at least 14 days written notice in accordance with section 70(5) of the PSM Act.

If the period of probation is extended in accordance with the PSM Act (s71B), the chief executive must inform the officer in writing of the period of the extension, the reasons for the extension, and what the officer must do by the end of the period of extension for their permanent appointment to be confirmed.

A period of extension is not to be longer than 6 months unless it is for extraordinary circumstances and has been approved by the chief executive.

A decision of the chief executive to accept the recommendation to terminate the appointment of an officer on probation, as per paragraph B5.4.1, is excluded from the Internal Review Procedures (Section I) and Appeal Mechanism (Section J) of this Agreement.

To avoid doubt, an officer on probation is able to seek a review of the officer’s probation under the Internal Review Procedures, (Section I), except in relation to a decision to terminate the officer’s employment.

• Record Keeping* This clause should be read in conjunction with clause M16 -.

CIT must keep records relating to the employees’ work, including records about attendance and pay, in accordance with the requirements of the FW Act, FW Regulations and the Territory Records Act 2002.

The employee must record the time of commencing and ceasing duty for each day. These records must be provided to the manager or supervisor where the manager or supervisor so requests.

• Review of Employment Status* This clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.

CIT is committed to promoting permanent employment and job security for employees within CIT and accordingly agrees to the provisions in this clause.

The ACTPS is committed to establishing an Insourcing and Secure Employment Framework for assessing if applicable procured work should be provided by the public sector.

The ACTPS is committed to all of the following:

Minimising the use of consultants and contractors and labour-hire across the ACTPS. Canberra Institute of Technology f_p_n_27_ © Canberra Institute of Technology Page 25 of 195 Date updated: 18/01/2024

Minimising the use of sub-contractors and increase the use of direct employment of workers across the ACTPS.

Supporting direct employment relationships, but where sub-contractors are operating, that industrial and legal mechanisms to protect their rights, be developed and implemented.

As part of the introduction of the Secure Employment Framework and to assist in the promotion of permanent employment for employees, the ACTPS will ensure that the employees of any consultants or contractors the ACTPS proposes to engage, receive pay and conditions at least equivalent in overall terms to ACTPS pay and conditions.

Prior to making decisions about matters covered by this clause, appropriate consultation must be undertaken with relevant employees and unions in accordance with clause F1 - of this Agreement.

The ACTPS is committed to promoting permanent employment and job security for employees within the ACTPS.

For the purposes of giving effect to this commitment, which is further outlined in this Agreement, including at subclauses A2.2 to A2.5, a Joint Union and ACT Government Secure Workforce Conversion Process has been established by the ACT Government. The Secure Workforce Conversion Process delivers important outcomes regarding secure work for temporary and casual employees.

In accordance with subclauses A2.2 to A2.5, assessments will occur through the Secure Workforce Conversion Process which will facilitate recommendations to the chief executive as to whether a position, or group of positions, or a temporary or casual employee, should be converted to permanency. Where such a recommendation has been made, the chief executive will endeavour to convert the position(s) or employee(s) to permanent employment. The chief executive may appoint the employee(s) currently in the relevant positions without a further merit selection process, if the chief executive is satisfied that the relevant employee(s) meets the requirements of the proposed position and the criteria of the secure work conversion process.

Where the Secure Workforce Conversion Process has made a recommendation to the chief executive that a position or group of positions, or an employee with temporary or casual employment should be converted to permanency and the chief executive decides not to appoint the relevant employee(s) in accordance with subclause B9.3, the chief executive must provide written reasons for their decision.

Where an employee’s employment is to be terminated at the initiative of the chief executive, other than in accordance with subclause G5.8 or Section L, the notice periods set out in the Fair Work Act will apply.

Where an employee’s employment ceases at the initiative of the employee, the employee must provide written notice of their resignation from CIT to the chief executive at least 2 weeks prior to the proposed date of the resignation.

The period of notice required in subclause B10.2 may be reduced by agreement in writing between the employee and the chief executive. Canberra Institute of Technology f_p_n_28_ © Canberra Institute of Technology Page 26 of 195 Date updated: 18/01/2024

• Flexible Working Arrangements and Employee Support*

CIT is committed to providing flexible working arrangements which allow employees to manage their work and personal commitments. This must be balanced against the operational requirements for CIT to deliver services to the Canberra community.

CIT recognises the need to provide sufficient support and flexibility at the workplace to assist employees in achieving work and life balance and to meet their caring responsibilities. While family friendly initiatives are important aspects of work and life balance, it is also important that all employees, at all stages in their working lives, are supported through this Agreement.

This Agreement provides a range of flexible working arrangement provisions which include:

(a) a default of standard hours (as defined in the Dictionary)

(b) the employee’s work pattern of attendance

Flextime provisions (B18 -) for eligible employees.

• Management of Working Hours* This clause should be read in conjunction with clause M21 -.

CIT recognises the importance of employees balancing work and personal life. The appropriate balance is a critical element in developing and maintaining healthy and productive workplaces. While it is acknowledged that peak workload periods may necessitate some extra hours being worked by some employees, this should be regarded as the exception rather than the rule. This subclause should be read in conjunction with subclause B18.4 and clause E24 -.

Managers, supervisors and employees have a responsibility to minimise the extent to which excessive hours are worked. In the circumstances where work pressures result in the employee being required to work, or is likely to work, excessive hours over a significant period, the manager, supervisor and employee together must review workloads and priorities and determine appropriate strategies to address the situation.

Complying with clause B12.2 requires the manager or supervisor to consider and implement one or more of the following strategies to reduce the amount of excessive hours being accumulated:

Consideration of appropriate arrangements for time off in lieu or other recompense.

Review of staffing levels and classifications within the work group.

The chief executive must consult with the CITCC about the development and implementation of appropriate strategies to deal with issues associated with both paid and unpaid overtime.

To assist employees to meet their personal responsibilities, where possible, all meetings in CIT are to be scheduled at times that take into account those responsibilities. Canberra Institute of Technology f_p_n_29_ © Canberra Institute of Technology Page 27 of 195 Date updated: 18/01/2024

• Casual Employment Arrangements* Details on casual employment arrangements for employees covered by this Agreement are contained in clause M17 -.

• Hours of Work for Shift Workers* This clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.

• Accrued Days Off (ADOs)* This clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.

• Hours of Work for Non-Shift Workers* This clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.

• Flextime* This clause should be read in conjunction with clause M24 -.

Flextime provides the framework for an employee’s pattern of attendance at work to be varied according to the needs of the employee and the requirements of the work unit. It is not a system that is designed to increase or reduce the total number of hours that must be worked. Flextime is a system that operates on an honesty and trust basis, where an employee and manager must ensure the employee’s hours of work are accurately recorded on a timesheet.

Flextime arrangements must be in accordance with operational service requirements and work health and safety principles.

Flextime is not available to any of the following:

Shift workers whose hours of work are provided for in clause B15 -.

Employees who are entitled to accrued days off in accordance with subclause B16 -.

Employees who are entitled to recovery leave in accordance with clause E24 -.

For flextime arrangements to work effectively, managers and employees have a responsibility to manage hours of work to ensure that individuals are not building up excessive flex credits while either of the following apply:

The employee does not have the opportunity to access flextime accrued.

The employee is not being productively employed i.e. the chief executive may require an employee not to accumulate flex credits before or after their operational service hours where there is insufficient work or an employee cannot be sufficiently managed.

A settlement period comprises 2 pay periods (i.e. 4 weeks).

An employee may have a maximum flextime credit equal to the employee’s normal weekly hours of duty, at the end of the settlement period. This may be varied by agreement between the chief executive and the employee in exceptional circumstances.

Where an employee has a flextime credit in excess of the employee’s normal weekly hours of duty for more than one settlement period, the employee and manager must agree and implement a flextime usage plan. This plan must ensure the flextime credit will not exceed the maximum flextime credit and will facilitate time off in the next settlement period, unless otherwise approved by the chief executive where there are exceptional circumstances. Canberra Institute of Technology f_p_n_30_ © Canberra Institute of Technology Page 28 of 195 Date updated: 18/01/2024

If an employee does not agree to a reasonable flextime usage plan, the chief executive may direct an employee to take enough flextime to reduce the accrued flextime credits to the equivalent of the employee’s maximum flextime credit.

Flextime credits of up to an employee’s normal weekly hours will be paid out to an employee on the cessation of their employment. Flextime credits of up to an employee’s ordinary weekly hours will be paid out at any time during the course of a person’s employment and only in exceptional circumstances with chief executive approval.

The maximum flextime debit that may accrue is 10 hours measured at the end of any settlement period. Part-time employees may accrue a flex debit on a pro rata basis. At the end of a settlement period, any debit in excess of the maximum debit may be considered to be leave without pay, and the manager and employee must agree and implement a plan to do both of the following:

If an employee does not agree to a reasonable plan and reduce their flextime debit in accordance with B18.10, the chief executive may commence overpayment processes in accordance with clause D5 -. The maximum flextime debit may be varied in exceptional circumstances by agreement between the chief executive and the employee.

Any flextime debits an employee has if the employee ceases employment with CIT will be treated as a debt in accordance with clause D5 -. The employee may nominate to use any available annual leave credits to cover the debt, or the debt will be recovered from any termination payment owing to the employee, except in the case of death.

Accrued flextime credits will be taken at such times and in such a period or periods as are agreed between the employee and the chief executive and approved prior to taking accrued flextime. It is the responsibility of both the employee and the chief executive to take steps to ensure that accrued flextime credits can be taken as time off, in accordance with this clause. Approval of a request by the employee to utilise flextime credits will not unreasonably be withheld.

An employee not complying with these flextime provisions may be directed by the chief executive to work operational service hours. This arrangement must be reviewed no less than every 90 calendar days to assess if a return to flextime arrangement is suitable.

CIT offers a wide range of options to provide or facilitate flexible employment which are summarised in the table below. The specific provisions set out the terms and conditions of each option. Clause Arrangement Eligibility

SECTION E - and Annexure D leave entitlements Leave Varies. Please refer to the relevant leave type for more details.

• and B17 - Hours of work All employees other than casual employees

• Regular Part-Time Employment Full-time employees and existing part-time employees Canberra Institute of Technology f_p_n_31_ © Canberra Institute of Technology Page 29 of 195 Date updated: 18/01/2024

• Job Sharing All employees other than casual employees

• Part-Time Employment Following Birth Leave, Primary Caregiver Leave, Adoption, Permanent or Long Term Care Leave or Parental Leave Full-time employees and existing part-time employees who return to work after accessing birth leave, primary caregiver leave, adoption, permanent or long term care leave or parental leave

• Vacation Childcare Subsidy All employees other than a casual employee or a temporary employee who has been engaged by CIT for a period of less than 12 months

• Transfer of Medically Unfit Staff All employees other than casual employees

• Transfer to a Safe Job during Pregnancy All employees

• Making a Request for a Flexible Working Arrangement

An employee may apply to the chief executive for a flexible working arrangement to support their work and life balance. The chief executive must give the employee a written response to the request within 21 calendar days of receiving the request, stating whether the request is approved and the reasons if the request is refused.

An employee may request a flexible working arrangement, in accordance with the FW Act, in any of the following circumstances relating to the employee:

They seek working arrangements to suit their personal circumstances.

The employee has a parental or other caring responsibility for a child of school age or younger.

They have a caring responsibility for an individual with a disability, a terminal or chronic medical condition, mental illness or is frail and aged.

They are 55 or older. Canberra Institute of Technology ... - f_p_n_32_ © Canberra Institute of Technology Page 30 of 195 Date updated: 18/01/2024

They are experiencing family or domestic violence.

They are providing personal care, support and assistance to a member of their immediate family or household because they are experiencing family or domestic violence.

Nothing in this clause diminishes any provisions expressed elsewhere in this Agreement, where those entitlements are entitlements in their own right.

To assist employees in balancing work and personal commitments, flexible working and leave arrangements are provided throughout this Agreement. Examples of these flexible working and leave arrangements include, but are not limited to the following: Clause Arrangement Summary of entitlement

• Flexible starting and finishing time An employee may request to work their ordinary hours flexibly within a daily span of hours between 7am-7pm.

• Ability to take a few hours off work, and make it up later An employee’s pattern of attendance at work may be varied according to the needs of the employee and the requirements of the work unit.

• Home-based work on a short-term or long- term basis An employee may request to work from home or split working time between the workplace and home.

• Part-time work A proposal to vary part-time employment arrangements may be made by the employee or chief executive.

• Job sharing Job sharing arrangements may be introduced by agreement between the chief executive and the employees involved.

• Purchased leave Employees may purchase leave in addition to the employee’s usual annual leave entitlement to support their work life balance.

• Annual leave Annual leave is available to employees to enable them to be absent from duty for the purposes of rest and recreation.

• Long service leave Long service leave is available to employees to enable them to be absent from duty in recognition of their length of service.

ANNEX D - Leave not provided for elsewhere, with or without pay (Other Leave) An employee may be eligible for additional leave types specified in Annex D to enable them to be absent from duty for a variety of purposes.

• Part-Time employment following An employee returning to work after birth leave, primary caregiver leave, adoption, permanent or long term care Canberra Institute of Technology • I • I I . f_p_n_33_ © Canberra Institute of Technology Page 31 of 195 Date updated: 18/01/2024 birth leave, primary caregiver leave, adoption, permanent or long term care leave or parental leave leave or parental leave is entitled to choose to work on a

PART TIME - basis within the first three years. Subject to approval, this may be extended to an aggregate total of seven (7) years.

The flexible working arrangement must be recorded in writing and run for a specified duration of up to 3 years. At the end of the flexible working arrangement’s period of operation, unless a new flexible working arrangement is entered into, the default is that the employee returns to their nominal working arrangements.

Where a request for a flexible working arrangement is received, the chief executive must consult with the employee and provide a written response to the request within 21 days.

The chief executive may only deny an employee’s request for a flexible working arrangement or a variation to an existing flexible working arrangement where there are reasonable business grounds for doing so and where all the following apply:

The chief executive has discussed the request with the employee.

The chief executive has genuinely tried to reach an agreement with the employee about making changes to the employee’s working arrangements to accommodate the employee’s particular circumstances.

An agreement has not been reached between the chief executive and employee.

The chief executive has considered the consequences of the refusal for the employee.

Reasonable business grounds to deny a request include any of the following:

The new working arrangements requested by the employee would be too costly to implement, or would likely result in a significant loss in efficiency or productivity, or would likely have a significant negative impact on service.

There is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested by the employee.

It would be impractical to change the working arrangements of other employees or recruit new employees to accommodate the new working arrangements requested by the employee.

It would be a genuine risk to the health and safety of an employee(s).

Demonstrable exceptional circumstances have arisen that mean the request cannot be approved.

The chief executive must inform the employee in writing of the decision to refuse the flexible working arrangement and the response must include all the following:

The reasonable business grounds for refusing the request.

How the reasonable business grounds apply to the request.

(a) Provide alternative proposals for changes in the employee’s working arrangements that would accommodate, to any extent, the employee’s circumstances. Canberra Institute of Technology f_p_n_34_ © Canberra Institute of Technology Page 32 of 195 Date updated: 18/01/2024

(b) State that there are no alternative changes available that would accommodate, to any extent, the employee’s circumstances.

The dispute mechanisms available under subclause F6 - and the ability to refer the dispute to the FWC for resolution.

Approved flexible working arrangements may be reviewed annually, or earlier where the employee’s relevant circumstances have changed or where there are reasonable business grounds that require a review to be undertaken. During this review the circumstances under which the flexible working arrangements were originally granted will be examined and reassessed.

The intent of locking in a flexible working arrangement for a period of up to 3 years is to provide certainty to both the employee and manager concerned. A flexible working arrangement may be revoked by either the employee or manager:

in exceptional circumstances between annual reviews.

3 months notice must be given to amend or cease the flexible working arrangement, unless a lesser period is agreed by both parties or where there are extenuating circumstances.

Reasonable grounds to amend or revoke a flexible working arrangement may include but are not limited to the following:

Employee’s role has changed significantly and the current flexible arrangement is no longer suitable.

There is the increased risk of injury or illness or where there are other work health and safety concerns.

History of underperformance as documented in an underperformance plan or behaviour concerns.

Revoking a flexible work arrangement should not be considered untill after efforts to amend arrangements have been attempted.

Employees that have an existing flexible working arrangement at the commencement of this Agreement must have that arrangement reviewed within 12 months of commencement of this Agreement.

A person may be employed in any classification as a part-time officer for an agreed number of regular hours that is less than the ordinary weekly hours specified at subclause M18.3.

Proposals to reduce hours below full-time employment may be initiated by the chief executive for operational reasons.

The chief executive must obtain the written agreement of a full-time officer before the officer converts to part-time.

No pressure is to be exerted on full-time officers to convert to part-time employment or to transfer to another position to make way for part-time employment.

The agreed period, pattern of hours and days and commencement and cessation times for part- time work must be agreed between the officer and the officer’s manager or supervisor and recorded in writing. Note: An employee who wishes to work part-time may apply for a flexible working arrangement in accordance with clause B20 -. Variation to part-time hours Canberra Institute of Technology f_p_n_35_ © Canberra Institute of Technology Page 33 of 195 Date updated: 18/01/2024

Proposals to vary a part-time employment arrangement may be initiated by the chief executive for operational reasons or by an officer for personal reasons.

Where an officer initiates a proposal the chief executive must have regard to the personal reasons put by the officer in support of the proposal and to CIT’s operational requirements.

The chief executive must obtain the written agreement of the officer before the officer’s hours are varied.

No pressure is to be exerted on an officer to vary the officer’s hours of employment or to transfer to another position to make way for part-time employment.

The agreed period, pattern of hours and days and commencement and cessation times for part- time work must be agreed between the officer and the officer’s manager or supervisor and recorded in writing.

In this clause employee refers to employees other than casual employees.

Job sharing arrangements may be introduced by agreement between the chief executive and the employees involved, subject to operational requirements. Employees working under job sharing arrangements share one job and are considered to be part-time with each working part-time on a regular, continuing basis.

An employee must request in writing permission to work in a job sharing arrangement. The chief executive must agree to reasonable requests for regular job sharing arrangements, subject to operational requirements.

The pattern of hours for the job sharing arrangement must be agreed between the employee and the chief executive. However, any single attendance at the office-based worksite must be for no less than 3 consecutive hours.

The employee who is in a job sharing arrangement and who was previously working full-time may revert to full-time employment before the expiry of the agreed period of job sharing if all parties to the arrangement agree.

In the event that either employee ceases to participate in the job sharing arrangement, the arrangement must be terminated.

• Part-Time Employment Following Birth Leave, Primary Care Giver Leave, Adoption, Permanent or Long Term Care Leave or Parental Leave

Subject to this clause, the chief executive must approve an application by an officer employed on a full-time basis who returns to work after accessing birth leave, primary care giver leave, adoption, permanent or long term care leave or parental leave, to work on a part-time basis up until the date which is 3 years from the birth or adoption of a child or the granting of parental responsibility of a foster child.

If the chief executive deems that an application by an officer to access part-time work under this clause can only be accommodated if the officer agrees to become unattached, then the application must only be approved if the officer so agrees.

The maximum aggregate period of part-time employment that may be approved for an officer under subclause B23.1 is 7 years.

Either the officer who accesses primary care giver leave under clause E16 -, or adoption, permanent or long term care leave under clause E20 -, or the employee who is entitled to or accesses birth leave under clause E14 - is entitled to access part-time employment as provided in subclause B23.1. Canberra Institute of Technology f_p_n_36_ © Canberra Institute of Technology Page 34 of 195 Date updated: 18/01/2024

The agreed period, pattern of hours and days and commencement and cessation times for part-time work must be agreed between the officer and the officer’s manager or supervisor and recorded in writing.

• Home Based Work* This clause should be read in conjunction with clause M4 -.

The diverse nature of work conducted in CIT lends itself to a range of working environments. Employees may be supported to undertake hybrid work which may include work undertaken in the field and in the home or other agreed alternative location.

Home-based work, on a regular basis, is a voluntary arrangement that requires the agreement of both the chief executive and the employee. The chief executive must consider requests by employees for home based work, having regard to operational requirements and the suitability of the work.

In determining appropriate home based work arrangements, the chief executive and the employee must consider the following range of matters:

Appropriate and effective communication with office based employees.

The need to ensure adequate interaction with colleagues.

The nature of the job and operational requirements.

Adequate performance monitoring arrangements.

Home based work arrangements may be terminated by the chief executive on the basis of operational requirements, inefficiency of the arrangements, or failure of the employee to comply with the arrangements.

An employee may terminate home-based work arrangements at any time by giving reasonable notice to the chief executive.

There may also be occasions where it is appropriate for an employee to work from home on an ad hoc basis. In these circumstances, arrangements to work from home are to be negotiated on a case-by-case basis between the employee and the manager or supervisor.

CIT must provide home computing facilities where an employee and the employee’s manager or supervisor agree there is a need for such facilities. Provision of equipment by CIT is subject to work health and safety requirements and to an assessment of technical needs by the manager or supervisor.

As a benefit to employees, CIT must provide employees and employees’ immediate families with access to an independent, confidential and professional counselling service at no cost to the employee.

This clause applies to an employee (other than a casual employee or a temporary employee who has been engaged by CIT for a period of less than 12 months) with school age children who makes a timely application, with regard to work and rostering arrangements applying in their particular business unit, based on their accrued annual leave, purchased leave or long Canberra Institute of Technology f_p_n_37_ © Canberra Institute of Technology Page 35 of 195 Date updated: 18/01/2024 service leave during school holidays that is rejected. The chief executive must make a payment to the employee of $52.00 per day towards the cost of each school child enrolled in an accredited school holiday program for each calendar year subject to all the following conditions:

The maximum payable per child over a 5-day period is $260.

The maximum payable days per child per year is 10.

The maximum number of children the benefit is payable for is 3.

Payment will not be made without the production of a receipt(s).

An accredited school holiday program is a program approved, subsidised or approved and subsidised by a State, Territory or Local Government.

The payment applies only on the days when the employee is at work.

The payment will be made regardless of the length of time the child is in the program each day, but it cannot exceed the actual cost incurred.

An employee whose domestic partner receives a similar benefit from the partner's employer is not eligible for the payment.

Where an employee is directed to work outside the employee’s regular pattern of work, the chief executive must authorise reimbursement to the employee by receipt for some or all of the costs of additional family care arrangements.

CIT is committed to supporting employees who are breastfeeding or expressing milk for a baby or young child (nursing employees).

Nursing employees must be provided with the facilities and support necessary to enable such employees to combine a continuation of such nursing activity with the employee’s employment.

Where practicable the work area must establish and maintain a suitable private room for nursing employees. Where there is no room available another appropriate space may be used.

Up to one hour, per day or shift, paid lactation breaks that are non-cumulative must be available for nursing employees.

This clause does not apply to casual employees.

A medically unfit employee is an employee who is considered by the chief executive to be an employee who is unable to perform duties appropriate to the employee’s role because of physical or mental incapacity following recommendation by an authorised doctor as defined under the PSM Act.

Despite the provision of section 27 of the PSM Act, a medically unfit employee may, by agreement with the employee, be transferred to any position within the employee’s current skill level and experience, at either their substantive classification or equivalent classification. If the employee moves into an alternative classification stream, they may only be transferred to a classification that has a maximum salary which does not vary from the top increment of the employee’s substantive classification by more than 10%, and penalties and allowances attached to the substantive position will not be taken into consideration in this calculation. Penalties and allowances may only continue to be paid where applicable in the new position. Canberra Institute of Technology f_p_n_38_ © Canberra Institute of Technology Page 36 of 195 Date updated: 18/01/2024 For clarity this provision allows transfer between alternate classification streams, but does not allow for the transfer of an officer to a higher classification within the same classification stream e.g. a SOG B transfer to a SOG A.

An employee must not be redeployed in accordance with subclause B29.3 unless there is no suitable vacant position at the employee’s substantive classification within CIT.

• Transfer to a Safe Job during Pregnancy Purpose

This clause provides arrangements to enable a pregnant employee to have their duties modified or to be transferred to an appropriate safe job during their pregnancy or enable them to be absent from their workplace if an appropriate safe job is not available. Eligibility

In accordance with the NES, this clause applies to a pregnant employee when they do both the following:

Give notice that they will be applying for birth leave.

Provide evidence from a registered health professional or registered medical professional to the chief executive that they are fit for work but that it is inadvisable to continue with some or all of their duties in their present position during a stated period because of illness or risks arising out of the pregnancy or hazards connected with that position.

In these circumstances, the employee is entitled to have their duties modified or to be transferred to an appropriate safe job for the stated period with no detriment to their current terms and conditions of employment. Paid absence for ‘no safe job’ purposes

If the chief executive determines that an appropriate safe job is not available, and when the employee has completed 12 months of continuous service, the employee is entitled to take paid absence for ‘no safe job’ purposes for the stated period at a rate of payment that is the same rate as would be paid if the employee was granted personal leave. This period of paid absence counts as service for all purposes.

If the chief executive determines that an appropriate safe job is not available, and the employee has not completed 12 months of continuous service, the employee is entitled to take unpaid absence for ‘no safe job’ purposes. This period of absence does not count as service for any purposes but does not break continuity of service.

The employee’s entitlements under this clause cease when the employee’s pregnancy ends before the end of the stated period. Canberra Institute of Technology f_p_n_39_ © Canberra Institute of Technology Page 37 of 195 Date updated: 18/01/2024

Persons engaged on a part-time basis will receive, on a proportionate basis, equivalent pay and conditions to those of full-time employees, unless specifically stated elsewhere in this Agreement.

Employees will be paid in accordance with the employee’s classification and rates of pay set out in Annex A to this Agreement.

Increases to pay rates for all classifications set out in Annex A of this Agreement will be:

$1,750 flat rate increase in the first full pay period on or after 1 January 2023.

1% from the commencement of the first full pay period on or after 1 June 2023.

$1,750 flat rate increase in the first full pay period on or after 1 December 2023.

1.5% from the commencement of the first full pay period on or after 1 June 2024.

1% from the commencement of the first full pay period on or after 1 December 2024 and $1,500 flat rate increase.

1% from the commencement of the first full pay period on or after 1 June 2025.

1% from the commencement of the first full pay period on or after 1 December 2025 and $1,000 flat rate increase.

Employees will be paid fortnightly in arrears and by electronic funds transfer into a financial institution account of the employee’s choice.

CIT commits to paying employees their ordinary fortnightly pay and allowances on the appropriate payday. CIT also commits to paying any shift penalties, overtime payments and higher duties allowance as soon as reasonably possible, but not later than within 2 pay periods of the appropriate authorisation having been received by the relevant corporate area.

The ordinary fortnightly pay is based on the following formula:

Fortnightly pay = annual rate of pay x 12 / 313.

A part-time employee is paid pro rata based on the employee’s agreed ordinary hours.

An employee must, with the approval of the chief executive, be advanced the pay due for any period of approved paid annual or long service leave. Advancement of pay is subject to payroll processing timeframes. The approval of the chief executive must not be unreasonably withheld.

Upon request by the union, CIT must facilitate arrangements for payroll deductions for union fees. CIT agrees that it must not impose any limitations or impediments to an employee utilising payroll deductions for union fees that do not apply to other regular payroll deductions, such as health insurance.

• Pay Points and Increments* This clause should be read in conjunction with clause M3 -.

A person who is engaged by CIT, or an employee who is promoted or is approved to perform the duties of a higher office, is entitled to be paid at the first pay point for the classification level. Canberra Institute of Technology f_p_n_40_ © Canberra Institute of Technology Page 38 of 195 Date updated: 18/01/2024

Despite subclause 0, the chief executive may approve a person who is engaged by CIT, or an employee who is promoted or approved to receive higher duties allowance, to be paid at a higher pay point within that classification level.

Increments apply to both an employee's permanent and higher duties classification. When an employee has completed 12 months higher duties within a 24 month period an increment will be paid and all further instances of higher duties will be paid at this level.

Previous service at a higher duties pay must be considered when determining a pay point should the employee be promoted to that classification, and will be used to determine the date at which increments fall due.

An eligible employee is entitled (subject to there being no Underperformance or Discipline action undertaken in accordance with Section G– Workplace Values and Behaviours) to be paid an annual increment on and from the relevant anniversary of the date of commencement in the classification for the employee concerned.

Accelerated incremental advancement may occur as follows:

A person who is engaged by CIT, or an employee who is promoted or approved to perform higher duties, may be paid at a higher pay point within that classification level.

Subject to a maximum of 2 additional increments within the classification range being awarded to the employee in a 12 month period (excluding any additional increments awarded to the employee on commencement in the position in accordance with subclause C5.2), the chief executive may approve the payment of additional accelerated increments to the employee at one of the following times:

(a) At the time annual incremental advancement is due: i.e., at the time an employee is eligible for annual incremental advancement (either in the substantive or higher duties position).

(b) At any other time between periods of annual incremental advancement.

Where an employee is awarded additional accelerated increments over the 12 month period between the payments of annual increments in accordance with paragraph C5.6.2, the employee is still eligible for the payment of an annual increment, and the date of effect of the annual increment will remain unchanged.

In considering whether to approve payment at a higher pay point (as per subclause C5.2), or accelerated advancement (as per subclause C5.6), the chief executive must take into account all of the following factors:

The employee’s relevant work and personal experience.

The employee’s ability to make an immediate contribution.

Difficulties in attracting and retaining suitable employees.

• Entry Level Programs* This clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement. Canberra Institute of Technology f_p_n_41_ © Canberra Institute of Technology Page 39 of 195 Date updated: 18/01/2024

• Higher Duties Allowance* This clause should be read in conjunction with clause M39 -.

Higher Duties Allowance (HDA) is payable to an officer who is directed to temporarily perform the duties of a position with a higher classification. Selection for HDA

If a position is expected to be available for a period of 6 months or longer the position must be advertised in the gazette.

Periods of higher duties should not normally extend beyond 12 months. If after 12 months the position is nominally vacant it must be advertised unless there are exceptional circumstances.

Nothing in this clause restricts casual or temporary employees performing duties of a higher office in accordance with the PSM Act and the PSM Standards. Periods of HDA

An officer who is acting in a position with a higher classification for a period of one day or more, will be paid HDA for that period.

Where an officer on temporary transfer is to perform the full duties of the higher position, HDA is calculated as the difference between the officer’s current pay and a point in the pay range of the higher position determined by the chief executive in accordance with clause C5 -.

Where the officer is performing only part of the duties of the higher position and the higher position is at least 2 levels above the officer’s current substantive level, payment of partial HDA may be agreed between the chief executive and the officer, prior to the commencement of the temporary transfer.

The rate of payment for partial HDA will be a point in the pay range(s) of the intervening level(s). The chief executive’s decision on the rate of payment of partial HDA must take into account the specified part of the duties of the higher position that the officer is to perform.

An officer receiving HDA is entitled to normal incremental progression for the officer’s substantive position and the HDA position in accordance with C5 -.

Increments gained while performing HDA are maintained upon the officer ceasing the higher duties.

Previous higher duties service will be considered in determining the appropriate pay point for future periods of higher duties.

• Payment for Shift Workers* This clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.

• Overtime* Details of Overtime for employees covered by this Agreement are contained in clause M40 -.

• Rest Relief after Overtime* This clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.

• Payment for Public Holiday Duty* This clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement. Canberra Institute of Technology f_p_n_42_ © Canberra Institute of Technology Page 40 of 195 Date updated: 18/01/2024

• Daylight Saving Arrangements* This clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.

• On-Call Allowances* This clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.

• Close-Call Allowance* This clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.

• Rest Relief for On-Call or Close-Call Situations* This clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.

• Emergency Duty* This clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.

• Emergency Management Provision* This clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.

In recognition of the benefits of maintaining a healthy and productive workforce, employees who undertake, in their own time, health promotion activities are entitled to a health and wellbeing reimbursement payment. Entitlement

Having considered the requirements of this clause, the chief executive may approve a reimbursement payment not exceeding $100 per annum.

The payment will be on a reimbursement basis subject to an original tax invoice being provided and only one claim may be made in a Fringe Benefit year (1 April to 31 March). The health promotion activity must have been purchased in the same Fringe Benefit year of the claim being made.

In order for the employee to be reimbursed costs, a completed application form and valid tax invoice(s) must be provided as proof of purchase and must clearly display the item(s) and cost of the item to support the claim. Eligibility

Permanent and temporary employees are eligible to claim the health and wellbeing reimbursement payment where the employee has completed at least 6 months continuous service and the tax invoice is dated during employment with the ACTPS. Casual employees are not eligible for this payment. Approved Activities

An approved health and wellbeing activity is an activity, including a preventative activity or therapy, which is generally accepted as improving health, fitness and/or wellbeing.

The total amount that can be claimed will depend on the Fringe Benefit Tax (FBT) relating to the approved activity. All activities to be claimed must fall within the same category. The categories are specified in the application process. Canberra Institute of Technology f_p_n_43_ © Canberra Institute of Technology Page 41 of 195 Date updated: 18/01/2024

Where the chief executive approved a reimbursement payment in accordance with clause C18.2 the total reimbursed amount will be included in with the employees fortnightly pay and will not be subject to tax.

• Directorate Liaison Officer (DLO) Allowance This clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.

• Other Allowances* This clause should be read in conjunction with clause M41 -.

The chief executive may approve the payment of expense-related, disability-related, functional- related and qualification-related allowances as provided for in this Agreement at Annex C.

The rates for all allowances provided for in Annex C of this Agreement will be adjusted by:

1.79% from the commencement of the first full pay period on or after 1 January 2023.

1% from the commencement of the first full pay period on or after 1 June 2023.

1.74% from the commencement of the first full pay period on or after 1 December 2023.

1.5% from the commencement of the first full pay period on or after 1 June 2024.

2.44% from the commencement of the first full pay period on or after 1 December 2024.

1% from the commencement of the first full pay period on or after 1 June 2025.

1.93% from the commencement of the first full pay period on or after 1 December 2025. unless the contrary intention is stated for a specific allowance in Annex C.

Despite clause C1 - part-time and casual employees who satisfy the requirements for payment of an expense-related allowance will receive the full amount of allowance or payment prescribed in

Part-time and casual employees who satisfy the requirements for payment of an allowance that is not an expense-related allowance will receive the following amount of the allowance or payment prescribed in Annex C unless the contrary intention is stated for a specific allowance in Annex C:

(a) If the allowance is payable by the hour, shift or occasion – the full amount.

(b) If the allowance is payable by the day, week, fortnight or year – a prorated amount calculated according to the hours worked relative to full-time hours.

This subclause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.

Where an employee is in receipt of a shift penalty, any disability allowance the employee receives in accordance with Annex C, will not be included for the purpose of calculating the shift penalty.

Unless the contrary intention is specifically provided, an allowance payable on leave is also payable on payments in lieu of leave for credits of the same leave type in accordance with the FW Act. Canberra Institute of Technology f_p_n_44_ © Canberra Institute of Technology Page 42 of 195 Date updated: 18/01/2024 Note: this includes the ‘cash out’ of leave credits where available under this Agreement, and the payment of leave credits on separation from CIT.

The following allowances, detailed in Annex C, may apply to any CIT employee:

• Reimbursement of Reasonable Relocation Expenses

The purpose of this reimbursement is to provide financial assistance to employees recruited from interstate or overseas who are engaged on a permanent or long-term temporary basis.

The chief executive may approve a reimbursement payment to a new employee as the chief executive considers is reasonable in the new employee’s circumstances. The relevant pre- determined ceiling is set out below: Single with no dependants $12,000 Additional payment per dependant (first 6 dependants) $2,000 Additional payment per dependant (seventh and further dependants) $1,750

In order for a new employee to be reimbursed costs, valid receipts must be provided.

For the purposes of this clause, dependant does not require actual financial dependency and includes members of the new employee’s immediate household including a domestic partner, parent, parent of domestic partner, brother, sister, guardian, foster parent, step-parent, step- brother, half-brother, step-sister, half-sister, child, foster child or step child residing with the employee at the time the offer is made.

The chief executive may approve payment in excess of the approved amount or ceiling in exceptional circumstances.

In the event that the employee terminates their employment with CIT within 24 months of the date of engagement and does not commence employment with another ACTPS business unit within one month, the employee may be required by the chief executive to repay one of the following:

In the case the employee terminates employment within 12 months from the date of appointment – 100% of the relocation reimbursement.

In the case the employee terminates employment more than 12 months and less than 24 months from the date of appointment – 50% of the relocation reimbursement. Canberra Institute of Technology f_p_n_45_ © Canberra Institute of Technology Page 43 of 195 Date updated: 18/01/2024

Voluntary access to salary sacrifice arrangements are available to employees in accordance with ACTPS policies and guidelines.

The employee must meet all costs incurred as a result of the salary sacrifice arrangements under these provisions.

The employee's pay for superannuation purposes and severance and termination payments are the gross pay that the employee would receive if the employee were not taking part in salary sacrifice arrangements.

Changes to salary sacrifice arrangements, including taxation changes, are not a cause for further claims against CIT.

The chief executive must continue to provide appropriate information to employees concerning salary sacrifice arrangements.

In some special circumstances it may be necessary for the chief executive to determine that an employee or group of employees who are covered by this Agreement and who occupy certain positions should be provided with attraction and retention incentives that may differ from some of the terms and conditions under this Agreement.

The framework under which attraction and retention incentives may apply during the life of this Agreement is set out in Annex B of this Agreement.

An employee, or a group of employees, or the union(s) or other employee representatives (“the applicant”), may present a case to request the chief executive to undertake a classification and work value review of a position or group of positions.

The chief executive must undertake the review in consultation with the employee(s), the union(s) and other employee representatives

If the chief executive determines that the case presented under subclause D3.1 is frivolous or vexatious, the chief executive must refuse to undertake the review.

If the chief executive determines that the case presented under subclause D3.1 does not contain enough information for the chief executive to make an assessment on whether the review is warranted, the chief executive must provide the applicant an opportunity to make further submissions. If, following such further submissions, or if no such submissions are made, the chief executive still does not have enough information to make an assessment on whether or not the review is warranted, the chief executive may refuse to undertake the review.

Any classification and work value review must take into account the relevant work level standards, position descriptions, market and other relevant comparators, including comparators that are considered pertinent to the skills, competencies and general responsibilities required of the position(s).

These provisions do not affect the right of the chief executive to undertake a classification and work value review at the initiative of the chief executive.

Where agreement cannot be reached on the need to conduct the review then the disagreement may be resolved in accordance with the dispute resolution procedure. Canberra Institute of Technology f_p_n_46_ © Canberra Institute of Technology Page 44 of 195 Date updated: 18/01/2024

• Supported Wage System* This clause is not relevant to the Common Terms and Conditions for employees covered by this Agreement.

An overpayment is a debt owed to the Territory.

In the event that an employee has received an overpayment, the chief executive may recover the overpayment in accordance with this clause.

Any disputes about the application of these provisions should be addressed through the Dispute Avoidance/Settlement Procedures outlined at F6 -. Unless the employee agrees, recovery of monies will not occur while a dispute is in process.

If the chief executive believes that an overpayment has occurred, the chief executive will consider whether it would be appropriate in the circumstances to waive part or all of the overpayment in accordance with section 131 of the FM Act.

For the purposes of these provisions, when considering whether a waiver is appropriate, the chief executive will consider all the following compelling circumstances:

The circumstances under which the debt arose.

If the chief executive considers that a waiver in accordance with subclause D5.4 is not appropriate in the circumstances, the chief executive must provide the employee with all the following information:

The pay period(s) in which the overpayment occurred.

The reasons why the overpayment occurred.

The gross and net components of the overpayment.

The chief executive will provide the employee or their representative with an opportunity to respond or request a waiver within 10 working days from the date the information at D5.6 was provided. If the chief executive does not receive a response within this timeframe, the overpayment process will continue in accordance with the following provisions in this clause.

Subsequent to the decision of whether to waive the overpayment in accordance with subclause D5.7 the chief executive must advise the employee in writing, as soon as practicable, of all the following:

The decision to waive any, or part, of the overpayment, if applicable.

The process for recovery of the overpayment, if any.

The chief executive and the employee must make genuine efforts to agree on a reasonable recovery rate having regard for all of the circumstances prior to any recovery being made. Where agreement cannot be reached subclause D5.12 applies.

Any such agreement in accordance with subclause D5.9 may include recovery of the overpayment by the chief executive using one of the following methods:

A payroll deduction from the employee’s pay. Canberra Institute of Technology f_p_n_47_ © Canberra Institute of Technology Page 45 of 195 Date updated: 18/01/2024

In respect to recovery action it may be agreed with the employee to adjust their leave credits instead of, or in combination with, a cash recovery under subclause D5.10, subject to the cashing out of leave limitation provisions in this Agreement.

Where the chief executive and the employee cannot agree about the arrangements for recovery of an overpayment, the overpayment must be recovered in accordance with an arrangement as determined by the chief executive under section 246 of the PSM Act.

Where recovery occurs in accordance with subclause D5.12 the overpayment will be recovered at the rate of up to 10% of the employee’s gross fortnightly pay, or such other rate determined by the chief executive having regard for all of the circumstances.

Despite subclause D5.9 and subclause D5.12, the recovery period will not usually exceed 26 pay periods.

Any outstanding money owing to CIT when an employee ceases employment is to be recovered by deduction from any final entitlements payable to the employee. If a debt still exists further debt recovery action is to be taken unless the chief executive does one of the following:

Directs the recovery be waived, in part or in full, based on evidence provided by the employee of exceptional circumstance or that such recovery would cause undue hardship.

Determines that an overpayment is not recoverable. If an overpayment is not recoverable, the provisions of CIT’s Financial Instructions, relating to the write off of monies, will apply.

Where the chief executive agrees that an employee has been underpaid on the employee’s ordinary hourly rate of pay, and the employee requests, an offline payment for the amount owing will be made to the employee within 3 business days of the chief executive receiving the request.

Where a shift penalty, overtime payment or higher duties allowance is not made within 2 pay periods of the appropriate authorisation having been received by the relevant corporate area, and the employee requests, an offline payment for the amount owing will be made to the employee within 3 business days of the chief executive receiving the request.

The chief executive must provide employer superannuation contributions in accordance with the relevant legislative requirements.

This clause does not apply to employees who are members of the Public Sector Superannuation Accumulation Plan (PSSap), unless they are eligible to be members of the PSSap as a fund of choice.

This clause does not apply to preserved members of other superannuation plans, including CSS and PSSdb. Employees covered by those superannuation plans, must receive the employer contributions specified by the fund rules for the relevant superannuation plan.

An employee may choose any approved superannuation fund as long as the fund can accept employer contributions by EFT. If the employee’s chosen fund cannot or will not accept additional contributions as outlined in subclause D7.5 and subclause D7.8, then the employee will be advised of their right to change funds, to enable such contributions to be made.

The employer contributions are all of the following: Canberra Institute of Technology f_p_n_48_ © Canberra Institute of Technology Page 46 of 195 Date updated: 18/01/2024

From 1 July 2022 to 30 June 2025 is 11.5%.

From 1 July 2025 to 31 December 2025 is 12%.

A further 1% pro rata per pay, based on the employee’s gross fortnightly Ordinary Time Earnings (OTE) (or other methods where prescribed by the nominated superannuation fund rules), for each pay period where the employee contributes 3% or more of their fortnightly OTE to their nominated superannuation fund (either in pre or post tax dollars) and where it is processed through the ACT Government’s payroll system.

The salary for superannuation purposes is calculated on the employee's Ordinary Time Earnings (OTE) within the meaning of the Superannuation Guarantee (Administration) Act 1992.

Employer contributions are not reduced by any other contributions made through salary sacrifice arrangements.

For employees who take paid or unpaid parental leave (which includes birth, parental, grandparental and foster care leave), employer contributions (which are calculated using the same formula as prescribed in subclause E14.22) are made for an aggregate period equal to a maximum of 104 weeks of the parental leave (which includes birth, parental, grandparental and foster care leave), in accordance with the rules of the appropriate superannuation scheme. For clarification, the 104-week period includes separate shorter periods aggregating to 104 weeks, and does not need to be one continuous period.

The Government must, through the Chief Minister,Treasury and Economic Development Directorate, consult with unions and employees on changes to superannuation legislation that may be proposed by the Commonwealth.

Where an employee dies, or the chief executive has directed that an employee is presumed to have died on a particular date, the chief executive may make a payment or partial payment for unused leave credits and other entitlements directly to the dependants or the domestic partner, or to the legal personal representative, or to the estate, of the former employee of an amount that would have been paid had the employee ceased employment otherwise than because of the employee’s death. The payment in respect of unused long service leave is calculated in accordance with subclause E25.23. Canberra Institute of Technology f_p_n_49_ © Canberra Institute of Technology Page 47 of 195 Date updated: 18/01/2024

Part-time employees are credited and debited leave on a pro rata basis.

Employees with access to flextime (or TOIL) must use flextime (or TOIL) for all absences of less than one day wherever practicable; however personal leave may still be accessed for these absences.

Where a request is not approved the chief executive must, if so requested in writing by the employee, provide the reasons for that decision to the employee in writing. Where a request is not approved the chief executive must consult with the employee to determine mutually convenient alternative arrangements.

Personal leave is available to employees to enable them to be absent from duty in any of the following circumstances:

The employee is unfit for work because of a personal illness, or personal injury.

The employee must provide care or support to a member of the employee’s immediate family, or a member of the employee’s household who is in either of the following circumstances:

(b) They are affected by an unexpected emergency.

The employee is attending a medical appointment for themself, or a member of their immediate family or household, with a registered health professional who is operating within their scope of practice.

There are special, extraordinary or unforeseen circumstances in accordance with clause E5 -. Eligibility

Personal leave is available to employees other than casual employees. Entitlement

An employee may be granted personal leave up to their available credit from the first day of service.

Personal leave is cumulative and there is no cap on the personal leave balance an employee may accrue.

If a person is retired from the Sector on grounds of invalidity, and is re-appointed as a result of action taken under the Superannuation Act 1976 or the Superannuation Act 1990, they are entitled to be re-credited with unused personal leave credit held prior to the invalidity retirement.

Personal leave will not accrue during a period of unauthorised absence or a period of leave without pay that does not count for service. Canberra Institute of Technology f_p_n_50_ © Canberra Institute of Technology Page 48 of 195 Date updated: 18/01/2024

A part-time officer or part-time temporary employee will accrue personal leave calculated on a pro rata basis. Interim Arrangements Until Daily Accrual is Implemented

Except for a short-term temporary employee and an employee to whom subclause E4.9 applies, an employee’s personal leave balance will be credited with an equivalent of 3.6 weeks of personal leave on the day they commence with the Territory.

On engagement under the PSM Act, employees who have prior service recognised for personal leave purposes will be credited with any personal leave balance accrued with the previous employer. On the employee’s normal accrual date, the employee will then receive personal leave in accordance with subclause E4.10. Where the employee’s personal leave prior to engagement with CIT was accrued on a progressive basis, rather than credited prospectively, the employee will also be credited with an amount of personal leave which is the difference between 3.6 weeks and any personal leave already accrued with the previous employer for their current accrual year. Note: For the purposes of this clause ‘normal accrual date’ means the accrual date with the previous employer as recognised as part of the prior service.

An additional credit of 3.6 weeks personal leave will be made on the anniversary of the employee’s commencement during each year of service.

The accrual date for personal leave will be deferred by one day for every calendar day of unauthorised absence or leave without pay that does not count for service. Short-term temporary employees

A short-term temporary employee will be credited with 0.2 weeks of personal leave on commencement and a further 0.8 weeks of personal leave after 4 weeks continuous service. Thereafter the employee will be credited with 0.2 weeks of personal leave for each subsequent 4 weeks of continuous service up to a maximum of 2 weeks in the employee’s first 12 months of service.

After 12 months continuous service short-term temporary employees will receive 5.2 weeks of personal leave with pay. For every subsequent 12 months of service, short-term temporary employees will receive personal leave in accordance with subclause E4.10.

A short-term temporary employee subsequently appointed under the PSM Act prior to completing 12 months service will have their personal leave balance brought up to the equivalent of 3.6 weeks, less any personal leave with pay granted under subclause E4.3. For subsequent accruals that short-term temporary employee will receive personal leave on the same basis as an officer on the anniversary of the commencement of their employment. Daily Accrual Implementation

Personal leave will move to daily accrual from 1 January 2024, or the commencement of the agreement, whichever is the latter.

An employee’s personal leave credit accrues daily according to the following formula: Total hours of leave accrued per day = (A x B x D) / C, where:

A = number of ordinary hours per week worked.

B = one where the day counts as service or zero where the day does not count as service or is an unauthorised absence.

C = number of calendar days in the year.

D = number of weeks of personal leave an employee is entitled to a year. Canberra Institute of Technology f_p_n_51_ © Canberra Institute of Technology Page 49 of 195 Date updated: 18/01/2024

For the purpose of subclause E4.16 the basic leave entitlement is one of the following:

In the case of 36.75 hour workers, 132.3 hours leave (3.6 weeks) for each full year worked.

In the case of 38 hour workers, 136.8 hours leave (3.6 weeks) for each full year worked.

Except for a short-term temporary employee and an employee to whom subclause E4.19 applies, an employee’s personal leave balance will be credited with an equivalent of 3.6 weeks of personal leave on the day they commence with the Territory.

On engagement under the PSM Act, employees who have prior service recognised for personal leave purposes will be credited with any personal leave balance accrued with the previous employer.

For permanent and long-term temporary employees, if the personal leave balance brought over from the previous employer, in accordance with subclause E4.19, is less than 3.6 weeks, the employee will be credited with the difference between 3.6 weeks and the balance brought over.

For short-term temporary employees, if the personal leave balance brought over from the previous employer, in accordance with subclause E4.19, is less than 1.8 weeks, the employee will be credited with the difference between 1.8 weeks and the balance brought over. Short-term temporary employees

A short-term temporary employee will be credited with 1.8 weeks of personal leave on commencement. On each day of service thereafter, the employee will receive a credit based on the formula in subclause E4.16.

After 12 months continuous service short-term temporary employees will receive 1.8 weeks of personal leave with pay.

A short-term temporary employee subsequently appointed under the PSM Act within 12 months of commencement will be credited with an additional 1.8 weeks of personal leave. Transition period for daily accrual implementation

Current employees will transition from annual accrual to daily accrual of personal leave on the next accrual date for each employee within the transition year. On this date, and each day of service thereafter, the employee will receive a credit based on the formula in subclause E4.16.

Current employees will be credited with an equivalent of 3.6 weeks of personal leave on their accrual date in the transition year. On this date, and each day of service thereafter, the employee will receive a credit based on the formula in subclause E4.16. When personal leave credits have been exhausted

The chief executive may, for any reason including where personal leave credits have been exhausted, and subject to the production of documentary evidence, grant an employee a period of unpaid personal leave for personal illness or injury or for the care or support of a member of the employee’s immediate family or household who is ill or injured or affected by an unexpected emergency. This is in addition to the entitlement to unpaid carer’s leave that employees have under the NES. NOTE: In such circumstances, alternative arrangements are also provided for at subclause E4.59.

Despite subclause E4.27, the chief executive may allow an employee, when the employee provides documentary evidence that the employee has a personal illness or injury, or needs to provide care or support to a member of the employee’s immediate family or household, to Canberra Institute of Technology f_p_n_52_ © Canberra Institute of Technology Page 50 of 195 Date updated: 18/01/2024 anticipate up to a maximum of 1 week paid personal leave where all full pay personal leave credits are exhausted.

Any personal leave debits that an employee has at the time they cease employment with CIT will be treated as a debt in accordance with clause D5 -. The debt will be recovered from any termination payment owing to the employee, except in the case of death.

Temporary employees may be granted up to an aggregate of 20 days without pay in the first 12 months.

The chief executive may, in exceptional circumstances and subject to the production of documentary evidence, grant an employee an additional period of paid personal leave for personal illness or injury, or for the employee to provide care or support to a member of the employee’s immediate family who is ill or injured. This leave may be at either full or half pay. Such leave will not be granted if the absence is due to a condition for which the employee is receiving compensation under the Safety, Rehabilitation and Compensation Act 1988. Other provisions

An employee in receipt of workers compensation for more than 45 weeks will accrue personal leave on the basis of hours actually worked.

Unused personal leave credit will not be paid out on cessation of employment. Evidence and conditions

An employee must give notice of the intention to take personal leave. The notice must be provided to their manager or supervisor as soon as practicable (which in the case of personal illness or injury may be a time immediately after the leave has commenced) and must advise the duration, or expected duration, of the leave.

The chief executive may grant personal leave if they are satisfied there is sufficient cause, having considered any requested or required documentary evidence.

An employee must provide requested or required documentary evidence in a timely manner. To unduly withhold the provision of documentary evidence may result in the personal leave application not being approved for payment.

The chief executive must accept either of the following documentary evidence as proof of personal illness or injury or the need to care for or support a member of the employee’s immediate family or household who is ill or injured or who is affected by an unexpected emergency:

A certificate from a registered medical practitioner or registered health professional who is operating within their scope of practice.

A statutory declaration made by the employee if it is not reasonably practicable for the employee to give the chief executive a certificate.

Unless otherwise approved by the chief executive, an employee may only access a maximum of

consecutive days of paid personal leave on each occasion up to an accumulated maximum of 7 days in any accrual year, without providing documentary evidence. Absences for personal leave without documentary evidence in excess of 3 consecutive days, or 7 days in any accrual year is without pay.

Up until daily accrual implementation subclause E4.38 will apply. Following daily accrual implementation the maximum days without a certificate will reset on the next accrual/transition date for the employee and apply for the remaining part of the calendar year. From 1 January 2025, unless otherwise approved by the chief executive, an employee may only access a maximum of 3 consecutive days of paid personal leave on each occasion up to an accumulated Canberra Institute of Technology f_p_n_53_ © Canberra Institute of Technology Page 51 of 195 Date updated: 18/01/2024 maximum of 7 days without providing documentary evidence. This will continue to reset on 1 January each year. Absences for personal leave without documentary evidence in excess of 3 consecutive days, or 7 days in any calendar year is without pay.

Notwithstanding subclause E4.38 the chief executive may, with reasonable cause, request the employee to provide a medical certificate from a registered medical practitioner or registered health professional operating within their scope of practice or a statutory declaration for any absence from duty on personal leave at the time of notification of the absence.

Any personal leave without pay that goes beyond a maximum continuous period of combined paid and unpaid personal leave of 78 weeks does not count as service for any purpose.

For clarity, any other form of leave taken in lieu of unpaid personal leave that is intended to cover illness or injury will be considered as personal leave for the purpose of subclause E4.41.

The chief executive must approve an application for up to 5 days of personal leave for the purpose of bonding leave in accordance with subclause E18.4.

The chief executive may refer an employee for a medical examination by a nominated registered medical practitioner or registered health professional, or nominated panel of registered medical practitioners or registered health professionals, at any time for any of the following reasons:

The chief executive is concerned about the wellbeing of an employee and considers that the health of the employee is affecting, or has a reasonable expectation that it may affect, the employee’s ability to adequately perform their duties.

The chief executive considers that documentary evidence supplied in support of an absence due to personal illness or injury is inadequate.

The employee has been absent on account of illness for a total of 13 weeks in any 26 week period.

The chief executive may require the employee to take personal leave after considering the results of a medical examination requested by the chief executive. Rate of payment

Personal leave is granted with pay except where it is granted without pay under subclause E4.27, subclause E4.30 or subclause E4.38.

Subject to the approval of the chief executive, an employee may request to use personal leave at half pay for absences of at least one week. Such absences will be deducted from the employee’s accrued credits at a rate of 50% of the period of absence.

Any personal leave taken must be deducted from the employee’s credit. Effect on other entitlements

Personal leave with pay counts as service for all purposes.

Personal leave without pay, other than provided for at subclause E4.41, counts as service for all purposes.

Where an employee is absent on paid personal leave and a public holiday for which the employee is entitled to be paid falls within that period of absence, both the following apply:

The employee will be paid as a normal public holiday for that day.

The public holiday will not be deducted from the employee’s personal leave credits. Canberra Institute of Technology f_p_n_54_ © Canberra Institute of Technology Page 52 of 195 Date updated: 18/01/2024

Where the personal leave under subclause E4.51 is without pay both sides of the public holiday or Christmas shutdown period, the public holiday, or the Christmas shutdown period, will also be without pay.

While personal leave is not deducted over the Christmas shutdown period, the Christmas shutdown does not break continuity of the period of absence in relation to the maximum period(s) of leave under subclause E4.41. Interaction with other leave types

This clause applies to an employee who suffers personal illness or injury, or provides care or support for a member of the employee’s immediate family or household who is ill or injured or who is experiencing an unexpected emergency, for one day or longer while the employee is on one of the following types of leave:

If the employee produces a certificate from a registered medical practitioner or a registered health professional operating within their scope of practice, or in the case of an unexpected emergency, other satisfactory evidence, the employee may apply for personal leave.

Where an employee is subsequently granted the personal leave, the other leave must be re- credited for the period of the personal leave that falls within the period of other leave.

An employee cannot access paid personal leave while on paid birth leave, or primary care giver’s leave, or adoption, permanent or long term care leave, but can apply for personal leave during unpaid birth leave or unpaid parental leave.

If the employee has exhausted all paid personal leave, personal leave without pay cannot be substituted for unpaid birth leave.

If an employee exhausts the employee’s paid personal leave entitlement and produces documentary evidence, as per subclause E4.37, as evidence of continuing personal illness or injury, or requirement to care or provide support to a member of the employee’s immediate family or household, the employee may apply to the chief executive for approval to take annual leave or long service leave. If approved, this leave will not break the continuity of the 78 weeks under subclause E4.41.

• Personal Leave in Special, Extraordinary or Unforeseen Circumstances

Employees, other than casual employees, are eligible for personal leave in special, extraordinary or unforeseen circumstances.

Personal leave in special, extraordinary or unforeseen circumstances, is non-cumulative and if granted is deducted from the employee’s personal leave balance.