Section 1 – Technical matters

Title

  1. This agreement will be known as the Treasury Enterprise Agreement 2024–2027.

Parties to the Agreement

  1. This agreement covers:
    1. the Secretary, for and on behalf of the Commonwealth of Australia as the employer;
    2. all employees in Treasury employed under the Public Service Act 1999 other than:
      1. Senior Executive Service employees or equivalent;
      2. employees employed in the Commonwealth Grants Commission;
      3. employees employed in the Australian Office of Financial Management; and
      4. employees employed in the Royal Australian Mint; and
    3. subject to notice being given in accordance with section 183 of the Fair Work Act 2009, and the following employee organisation which was a bargaining representative for this agreement:
      1. the Community and Public Sector Union.

Operation of the agreement

  1. This agreement will commence operation 7 days after approval by the Fair Work Commission.
  2. This agreement will nominally expire on 28 February 2027.

Delegations

  1. The Secretary may delegate to or authorise any person to perform any or all of the Secretary’s powers or functions under this agreement, including the power of delegation, and may do so subject to conditions.

National Employment Standards (NES) precedence

  1. The terms of this agreement are intended to apply in a manner that does not derogate from the NES. The NES will continue to apply to the extent that any term of this agreement is detrimental to an employee of Treasury in any respect when compared with the NES.

Closed comprehensive agreement

  1. This agreement states the terms and conditions of employment of employees covered by this agreement, other than terms and conditions applying under relevant Commonwealth laws.
  2. This agreement will be supported by policies and guidelines, as implemented and varied from time to time.
  3. Policies and guidelines are not incorporated into and do not form part of this agreement. To the extent that there is any inconsistency between policies and guidelines and the terms of this agreement, the terms of this agreement will prevail.

Individual flexibility arrangements

  1. Treasury and an employee covered by this agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
    1. the agreement deals with one or more of the following matters:
      1. arrangements about when work is performed;
      2. overtime rates;
      3. penalty rates;
      4. allowances;
      5. remuneration;
      6. leave and leave loading; and
    2. the arrangement meets the genuine needs of Treasury and employee in relation to one or more of the mentioned in clause 10.1; and
    3. the arrangement is genuinely agreed to by Treasury and the employee.
  2. Treasury must ensure that the terms of the individual flexibility arrangement:
    1. are about permitted matters under section 172 of the Fair Work Act 2009;
    2. are not unlawful terms under section 194 of the Fair Work Act 2009; and
    3. result in the employee being better off overall than the employee would be if no arrangement was made.
  3. Treasury must ensure that the individual flexibility arrangement:
    1. is in writing;
    2. includes the name of Treasury and the employee;
    3. is signed by Treasury and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
    4. includes details of:
      1. the terms of the agreement that will be varied by the arrangement;
      2. how the arrangement will vary the effect of the terms;
      3. how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and
    5. states the day on which the arrangement commences.
  4. Treasury must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
  5. Treasury or employee may terminate the individual flexibility arrangement:
    1. by giving no more than 28 days written notice to the other party to the arrangement; or
    2. if Treasury and employee agree in writing – at any time.
  6. Treasury and employee are to review the individual flexibility arrangement at least every 12 months.

Definitions

  1. The following definitions apply to this agreement:

    APS agency means an agency whose employees are employed under the Public Service Act 1999, including an agency as defined in section 7 of the Public Service Act 1999 whose employees are employed under that Act.

    APS consultative committee means the committee established by the APS Commissioner to consider matters pertaining to the (APS) employment relationship and of interest to the APS as a whole.

    Agreement means the Treasury Enterprise Agreement 2024–2027.

    APS means the Australian Public Service.

    Australian Defence Force Cadets means the Australian Navy Cadets, Australian Army Cadets, or the Australian Air Force Cadets.

    Bandwidth means the span of hours during which an employee can perform ordinary hours.

    Broadband refers to the allocation of more than one approved classification by the Secretary to a group of duties involving work value applying to more than one classification under sub‑rule 9(4) of the Public Service Classification Rules 2000. A broadband encompasses the full range of work value of the classifications contained within it.

    Casual employee (irregular and intermittent employee) means an employee engaged under paragraph 22(2)(c) of the Public Service Act 1999 who:

    1. is a casual employee as defined by the Fair Work Act 2009; and
    2. works on an irregular and intermittent basis.

    Classification or classification level means the approved classifications as set out in rule 5 of the Public Service Classification Rules 2000.

    Child means a biological child, adopted child, foster child, step child, or ward.

    De facto partner means a person who, regardless of gender, is living in a common household with the employee in a bona fide, domestic, interdependent partnership, although not legally married to the employee.

    Delegate means someone to whom a power or function has been delegated.

    Dependant means the employee’s spouse or de facto partner, a child, parent or aged relative of the employee or the employee’s spouse or de facto partner, who ordinarily lives with the employee and who is substantially dependent on the employee. Dependant also includes a child of the employee who does not ordinarily live with the employee but for whom the employee provides substantial financial support.

    Employee means an employee of the Commonwealth engaged under subsection 22(2) of the Public Service Act 1999 who is covered by this agreement (whether full‑time, part‑time or casual, ongoing or non‑ongoing).

    Employee representative means a person (whether an employee or not) elected or chosen by an employee, or elected or chosen by a group of employees in a workplace, to represent the individual and/or collective views of those employees in relation to a matter under this agreement.

    Family means:

    1. a spouse, former spouse, de facto partner or former de facto partner of the employee;
    2. a child, parent, grandparent, grandchild, or sibling of the employee;
    3. a child, parent, grandparent, grandchild, or sibling of a spouse, former spouse, de facto partner or former de facto partner of the employee;
    4. a member of the employee’s household; or
    5. a person with whom the employee has a relationship of traditional kinship where there is a relationship or obligation, under customs and traditions of the community or group to which the employee belongs.

    Family and domestic violence has the same meaning as in subsection 106B(2) of the Fair Work Act 2009.

    Full‑time employee means an employee employed to work an average of 37 hours and 30 minutes per week in accordance with this agreement.

    Manager means an employee’s direct manager who is usually the person to whom an employee reports to on a day‑to‑day basis for work related matters, and may include a person referred to as a supervisor.

    Non‑ongoing employee means an employee engaged for a specified term or for the duration of a specified task in accordance with paragraph 22(2)(b) of the Public Service Act 1999, consistent with the Fair Work Act 2009.

    NES means the National Employment Standards at Part 2‑2 of the Fair Work Act 2009.

    Ongoing employee means an employee engaged under paragraph 22(2)(a) of the Public Service Act 1999.

    Ordinary hours, duty or work means an employee’s usual hours worked in accordance with this agreement and does not include additional hours.

    Parliamentary service means employment under the Parliamentary Service Act 1999.

    Partner means a spouse or de facto partner.

    Part‑time employee means an employee employed to work less than an average of 37 hours and 30 minutes per week in accordance with this agreement.

    Primary caregiver for the purposes of the parental leave clause means a pregnant employee with an entitlement under the Maternity Leave Act 1973, or an employee other than a casual employee who has primary care responsibility for a child who is born to them or who is adopted or in long‑term foster care as per clauses 254 and 255.

    Relevant employee means an affected employee.

    Secondary caregiver for the purposes of the parental leave clause means an employee, other than a pregnant employee or casual employee, who has secondary care responsibility for a child who is born to them, or for a child who is adopted or in long‑term foster care as per clauses 254 and 255.

    Secretary means the Secretary of the Department of the Treasury or the Secretary’s delegate.

    Treasury Graduate means an employee who is participating in the Treasury Graduate Development Program.