Section F - Working Arrangements

Updated: 6 December 2016

22 Hours of work

22.1 Ordinary hours of work for full-time Employees are 7.5 hours per day within the bandwidth of 7am to 7pm, Monday to Friday.

22.2 Subject to clauses 23 to 25, the standard work pattern is between 8.30am and 5.00pm, Monday to Friday and an Employee will not work more than 9.5 ordinary hours on any one day, unless directed.

22.3 Employees should take an unpaid meal break of at least 30 minutes after five hours of continuous work.

22.4 Subject to operational requirements, an Employee will be available at reasonable direction to work outside their Standard or Agreed Work Pattern.

22.5 Once a work pattern is established, Employees are expected, subject to the flextime scheme and clause 22.4, to adhere to the hours of duty of the standard work pattern (clause 22.2), agreed work pattern (clause 23) or specified work pattern (clause 24).

23 Agreed work patterns

23.1 The Electoral Commissioner and an Employee may agree to enter into an agreed work pattern that allows the Employee to work regular hours of duty other than those outlined in clauses 22.1 and 22.2.

23.2 An agreed work pattern:

  1. is anything outside the standard work pattern;
  2. must be agreed to in writing by the Electoral Commissioner for a period of no more than 12 months duration;
  3. is subject to operational requirements, work availability and the Employee's sustained performance at the required Classification;
  4. may include the facility to average hours of work over a fixed period of time not to exceed 12 months; and
  5. may cover public holidays and/or the Christmas closedown.

23.3 Where an Employee requests hours of work outside the bandwidth, including on Saturday or Sunday, the Electoral Commissioner may agree to this noting any hours worked will be considered ordinary hours and will not attract overtime rates.

24 Specified work patterns

24.1 The Electoral Commissioner may establish a specified work pattern that specifies the hours of duty and patterns of attendance in which certain duties or functions are to be undertaken by an Employee or group of Employees.

24.2 For an existing Employee the introduction of a specified work pattern or a variation to an existing specified work pattern may occur only by written agreement between the Employee and Electoral Commissioner, unless otherwise stated in the engagement contract or job description.

24.3 Specified work patterns may cover Christmas closedown (clause 27) and/or the public holidays (clause 28). Where an Employee's roster includes a public holiday and/or the Christmas closedown, the Employee will be paid for the day(s) as if they were at work.

25 Shift work

25.1 Arrangements for shift workers are contained at Attachment 3.

26 Recording attendance and leave

Employees at the APS 1–6 Classification are to record their attendance, including time travelling on official business. This clause should be read in conjunction with clause 55.

27 Christmas closedown

27.1 Subject to operational requirements (as determined by the Electoral Commissioner), the AEC will close its normal operations from close of business on the last working day before Christmas until the first working day after New Year's Day (Christmas closedown).

27.2 Employees are entitled to be absent with pay for the working days during the Christmas closedown without deduction from leave credits.

27.3 Payment for absences on working days during the Christmas closedown will be made in accordance with an Employee's ordinary hours of work for that day. However, where an Employee would otherwise be absent on leave on that day, the rate of payment will be in accordance with the payment for that leave entitlement, e.g. if the Employee is absent on long service leave at half pay, payment for that day will also be at half pay.

27.4 Should operational requirements necessitate an Employee to work on any day during the Christmas closedown, the Employee will be paid as if the day was a public holiday. In addition, APS 1–6 employees will be entitled to a substitute period of time off in lieu of other days worked.

28 Public holidays

28.1 Employees are entitled to the following public holidays:

  1. New Year's Day (1 January);
  2. Australia Day (26 January);
  3. Good Friday;
  4. Easter Monday;
  5. Anzac Day (25 April);
  6. The Queen's birthday holiday (on the day on which it is celebrated in a State or Territory or a region of a State or Territory);
  7. Christmas Day (25 December);
  8. Boxing Day (26 December); and
  9. Any other day, or part-day, declared or prescribed by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of the State or Territory, as a public holiday, other than a day or part-day, or a kind of day or part-day, that is excluded by the Fair Work Regulations 2009 from counting as a public holiday.

28.2 If, under a State or Territory law, a day or part-day is substituted for one of the public holidays listed above, then the substituted day or part-day is the public holiday.

28.3 The Electoral Commissioner and an Employee may agree on the substitution of a day or part day that would otherwise be a public holiday, having regard to operational requirements.

28.4 An Employee, who is absent on a day or part-day that is a public holiday in the place where the Employee is based for work purposes, is entitled to be paid for the part or full day absence as if that day or part-day was not a public holiday, except where that person would not normally have worked on that day.

28.5 Where a public holiday falls during a period when an Employee is absent on approved leave (other than annual or paid personal leave) there is no entitlement to receive payment as a public holiday. Payment for that day would be in accordance with the entitlement for that form of leave (e.g. if on long service leave on half pay, payment is on half pay).

28.6 If under a law of a State or Territory, every Sunday is declared or prescribed by or under that law to be a public holiday, there is no entitlement to receive payment as a public holiday if the Employee would have worked, or does perform work, on that day. In these circumstances, payment will only be made at the public holiday rate of pay if Employee performs work on that day, and the Sunday would otherwise be a public holiday under clause 28.1a)-h).

28.7 If under a law of a State or Territory, Easter Tuesday is declared or prescribed by or under that law to be a public holiday, there is no entitlement to receive payment as a public holiday if the Employee would have worked, or does perform work, on that day.

Back to top