Section E - Classification Structure

Updated: 6 December 2016

19 Entry level programs

Graduates

19.1 The AEC maintains a graduate broadband APS 3/5 classification structure and may recruit Employees as graduates (see Attachment 1). Unless otherwise determined by the Electoral Commissioner, graduates are subject to a probation period and commence at the minimum pay point of the APS 3 Classification.

19.2 Subject to the successful completion of probation and any graduate development requirements set by the AEC, including any progression requirements, the Electoral Commissioner will determine Salary within the graduate broadband for each graduate.

19.3 In addition, within 12 months of a graduate successfully completing the requirements set out in clause 19.2, the Electoral Commissioner will, having regard to work availability at that Classification, a work value assessment and each graduate's:

  1. skills and experience; and
  2. overall performance as a graduate,

assign final duties and determine salary within the graduate broadband.

19.3 Any further Salary advancements beyond clause 19.2 and 19.3 will be in accordance with this Agreement.

Cadets

19.5 A Cadet APS working at the AEC will undertake a cadet development program as determined by the Electoral Commissioner, and will be paid a percentage of the minimum point at the APS 1 Classification as follows:

  1. 100% when undertaking work experience or development; and
  2. 60% when undertaking full-time study.

19.6 The AEC may assist a Cadet APS Employee to purchase compulsory books and any other equipment required for their studies.

19.7 On successfully completing the cadet development program, the Electoral Commissioner will having regard to work availability at that classification, work value assessment and each cadet's:

  1. skills and experience; and
  2. overall performance as a cadet,

assign final duties and determine Salary at the APS 1 Classification.

Trainees

19.8 For an Employee undertaking a traineeship with the AEC, the Electoral Commissioner will having regard to the APS Classification Rules, determine the trainee's Classification, including the pay point on the commencement of, and successful completion of, the required training and development activities.

20 Lawyers

20.1 The Electoral Commissioner may designate a position as a government lawyer, senior government lawyer, or principal government lawyer position (Legal Positions), and determine the appropriate pay point within an APS classification in accordance with Attachment 1, having regard to the Employee's skills and experience as a lawyer.

20.2 Positions designated as Legal Positions are those for the provision of internal legal services to the AEC by Employees.

20.3 Unless the Electoral Commissioner determines otherwise, an Employee cannot be assigned to a Legal Position unless the Employee:

  1. has been awarded a degree in law from an Australian tertiary institution or a comparable overseas qualification; and
  2. is admitted as an Australian Legal Practitioner, however described, of the High Court or the Supreme Court of an Australian State or Territory; and
  3. holds a current practising certificate issued by the ACT Law Society.

20.4 An Employee engaged in a Legal Position is entitled to payment or reimbursement of formal training and practising costs associated with maintaining the Employee's legal accreditation.

20.5 An Employee engaged in a Legal Position is eligible for annual Salary advancement in accordance with clause 10.3 of this Agreement.

Casual Employees

21.1 This clause only applies to Casual Employees who, subject to clause 21.8, are engaged and paid for the hours worked.

Application of this Agreement

21.2 Unless otherwise required by law, this clause sets out the terms and conditions of employment for Casual Employees.

21.3 Other sections of this Agreement that apply to Casual Employees are set out in the table below.

Sections of this Agreement that apply to Casual Employees
Section Name Section or clauses that apply
Section A – Title and scope of the Agreement Section A
Section B – Definitions Section B
Section C – Working together: consultation and communication Section C
Section D – Remuneration Clauses 10.1, 11.2 and 14
Section E – Classification Structure Clause 21
Section F – Working Arrangements Clause 26
Section G – Flexible working arrangements Clause 29
Section H – Working arrangements outside of ordinary hours and additional hours Not applicable
Section I – Allowances and reimbursements Clause 50
Section J – Travel Clause 54.7
Section K – Leave Clauses 70.1, 70.4, 70.5, 71 and 73
Section L – Enhancing individual performance Clauses 80.1 and 81
Section M – Workforce adjustment Not applicable
Section N – Dispute resolution Section N

Rate of pay

21.4 Except where work is performed and paid in accordance with clause 21.10, a Casual Employee will be paid a 20% loading on their Hourly Rate in lieu of all paid leave (other than long service leave).

21.5 Payment will be made at the minimum pay point of a Classification in Attachment 1, unless a higher pay point is approved by the Electoral Commissioner where the experience, qualifications and skills of the Casual Employee warrant payment at a higher point.

Leave

21.6 Casual Employees are entitled to the following unpaid leave types, consistent with the National Employment Standards in the FWA:

  1. two days unpaid personal (carer's) leave for each permissible occasion;
  2. two days unpaid compassionate/bereavement leave per each permissible occasion;
  3. unpaid community service leave, subject to clause 70; and
  4. unpaid parental leave, subject to clause 73.

21.7 Casual Employees are entitled to accrue and access long service leave in accordance with Commonwealth legislation.

Hours of duty

21.8 The minimum payment for each period of engagement will be three hours.

21.9 A Casual Employee must take an unpaid meal break of at least 30 minutes if the continuous hours of work on any day will exceed five hours.

21.10 Where a Casual Employee is required to work:

  1. on a weekend or public holiday they will be paid at the following Hourly Rate in lieu of the rate described at clause 21.4:
    1. Saturday – Hourly Rate x 1.5; or
    2. Sunday, public holidays or Christmas closedown – Hourly Rate x 2.
  2. outside the bandwidth (7am–7pm, Monday to Friday), they will be paid at the Hourly Rate x 1.5 for each hour, or part thereof, worked outside the bandwidth;
  3. continuously for greater than 9.5 hours, they will be paid at the Hourly Rate x 1.5 for each consecutive hour, or part thereof, in excess of 9.5 hours; and
  4. more than 37.5 hours in a week, within the bandwidth, they will be paid at the Hourly Rate x 1.5 for each consecutive hour, or part thereof, in excess of 37.5 hours worked within the bandwidth that week.

21.11 For the avoidance of doubt, the 20% loading on the Casual Employee's Hourly Rate will not be paid in the circumstances outlined in clause 21.10.

Periods of service

21.12 Any period(s) during which a Casual Employee is engaged and paid by the AEC in accordance with this clause will count as service for any purpose covered by this Agreement, except as required by legislation.

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