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:
assign final duties and determine salary within the graduate broadband.
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:
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:
assign final duties and determine Salary at the APS 1 Classification.
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.
20.1 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:
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.
21.1 This clause only applies to Casual Employees who, subject to clause 21.8, are engaged and paid for the hours worked.
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.
|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|
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.
21.6 Casual Employees are entitled to the following unpaid leave types, consistent with the National Employment Standards in the FWA:
21.7 Casual Employees are entitled to accrue and access long service leave in accordance with Commonwealth legislation.
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:
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.
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.