Section 5 – Working hours and arrangements

Job security

Commitment to ongoing employment and rebuilding APS capacity

The APS is a career‑based public service. In its engagement decisions, Treasury recognises that the usual basis for engagement is as an ongoing APS employee.

Reporting

Treasury will report to the Workplace Relations Committee on an annual basis, or more frequently if agreed, on the number, duration, classification and location of ongoing, non‑ongoing and casual employees engaged by Treasury.

Pathways to permanency

Treasury and the APS will comply with the casual conversion provision(s) of the Fair Work Act 2009. In addition, Treasury recognises that a proactive approach, including regularly reviewing casual and non‑ongoing arrangements, is both a fair and efficient approach to supporting ongoing employment as the usual form of employment.

Working hours

The ordinary hours of work for a full‑time employee are 37 hours and 30 minutes each week, which translates to a standard day of 7 hours and 30 minutes from Monday to Friday, within a bandwidth from 7 am to 7 pm.
Within the bandwidth, an employee is able to work flexibly. Employees are not expected to work more than 10 hours in any given day.
For this agreement, a standard day for the purposes of leave, attendance (including flextime) and payment of salary shall constitute the hours 8:30 am to 12:30 pm and 1:30 pm to 5:00 pm.
For the purposes of section 62 of the Fair Work Act 2009 (maximum weekly hours), the parties agree that the averaging periods will be successive 26 week periods beginning on the day this agreement comes into operation.

Variation of hours

The 7 am to 7 pm bandwidth may be varied if the employee and manager agree, having regard to operational requirements, provided the length of the bandwidth remains a minimum of 12 continuous hours.
The bandwidth as varied will be taken to be the bandwidth for that employee for all purposes under this agreement (including for the purposes of determining an employee’s eligibility to receive overtime payments or Time Off In Lieu).

Regular breaks

An employee should not work more than 5 hours without a break of at least 30 minutes.

Part‑time work

Any employee who has an agreement to work fewer hours than the standard week of 37 hours and 30 minutes is a part‑time employee.
The terms and conditions of employment of a part‑time employee shall be, unless otherwise provided for in this agreement, those of full‑time employees but reduced on a pro‑rata basis (where appropriate) for the number of hours worked.
Employees engaged on a full‑time basis will not be compelled to convert to part‑time employment.
Employees engaged on a part‑time basis will not be compelled to convert to full‑time employment.

Non‑ongoing employment

A non‑ongoing employee is defined in the definitions section.
Non‑ongoing employees will generally have the same terms and conditions of employment as ongoing employees under this agreement’s terms, except:
1. personal/carer’s leave accrual in section 6;
2. redundancy provisions in section 11 (subject to clause 126); and
3. otherwise specified in this agreement.
If the non‑ongoing employee’s contract is not permitted by section 333E of the Fair Work Act 2009, then the redundancy provisions in section 11 will apply.
If the redundancy provisions apply to an employee under clause 126, Treasury must adhere to the consultation requirements in section 10 and, where applicable, the consultation requirements in section 11.

Casual (irregular and intermittent) employment

A casual (irregular and intermittent) employee is defined in the definitions section.
A decision to expand the use of casual employees is subject to section 10.
Treasury will regularly review the working arrangements of casual employees to assess if they are genuinely performing irregular and intermittent duties, and report de‑identified outcomes to the consultative committee, where one is in place.
Remuneration for casual employees is on an hourly basis. A casual employee will receive a 25 per cent loading on the base hourly rate of their classification as set out in this agreement.
The casual loading is paid in lieu of payment for public holidays not worked, notice of termination of employment, redundancy benefits and all paid leave entitlements, other than leave required by legislation including long service leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976 and leave for family and domestic violence support.
A casual employee will be engaged for a minimum of 3 hours per engagement or shall be paid for a minimum of 3 hours at the appropriate casual rate.
A casual employee who is eligible for a workplace responsibility allowance will be paid the full amount.

Flextime for APS 1 to APS 6 employees

Entitlements to flextime

Flextime provides a level of flexibility to employees in their daily working patterns and applies to employees at or below APS 6 level, other than casual employees.
Eligible employees who work more or less than their ordinary hours within the bandwidth will incur an hour‑for‑hour flextime credit or debit. Flextime is not designed to increase or reduce the total number of hours that must be worked.

Note: For time off in lieu of overtime see clause 150.

Policy may make further provision for the administration of flextime and recording attendance.
Accrued flex credits should be taken as soon as practicable, subject to operational requirements and by agreement between the employee and their manager. Managers must give consideration to the employee’s personal circumstances.
Where an employee’s flex credit exceeds 37 hours and 30 minutes (pro‑rata for part‑time), or they have a flex debit of 10 hours or more, the employee and their manager must agree a plan to return their balance within these parameters over the next 4 weeks, or an alternative timeframe agreed between the employee and their manager.

Use of flextime prior to movement or cessation

Where an employee intends to cease their employment with Treasury, move into a new role within Treasury, or is to be promoted to an Executive Level classification:
1. the employee and their manager must make reasonable efforts to balance flex credits or debits, and
2. a request from an employee to balance flex credits or debits (for example, by taking flextime) must not be unreasonably refused.
Where an employee has been promoted to an Executive Level and the employee was unable to use flextime credits prior to the promotion taking effect, the employee and their new manager may agree to recognise Time Off In Lieu instead of flextime credits.

Recording attendance

Employees at or below the APS 6 level must record their attendance accurately in Treasury’s timekeeping system.

Overtime for APS 1 to APS 6 employees

Employees at or below the APS 6 classification are sometimes required to work reasonable additional hours in excess of their ordinary working hours.
Consistent with the NES, employees may refuse to work unreasonable additional hours. In determining whether additional hours are reasonable or unreasonable, regard will be had to subsection 62(3) of the Fair Work Act 2009.
An employee works overtime when their manager requests or directs the employee to do any one of the following:
1. work which is not continuous with the employee’s agreed or specified hours,
2. work beyond the total hours of work specified for the employee (and where flextime is not being accrued under clause 136),
3. work more than 10 hours in any given day,
4. work outside the bandwidth,
5. work on Saturday, Sunday or a public holiday.
Employees at or below the APS 6 level will be paid for overtime hours worked at the following penalty rates:
1. overtime worked Monday to Saturday will be paid at the rate of time and a half for the first 3 hours each day and double time thereafter;
2. overtime worked on Sunday will be paid at the rate of double time;
3. overtime worked on a public holiday will be paid at the rate of double time and a half. Duty on a public holiday, not in excess of the prescribed weekly hours (that is duty during prescribed standard hours), will be payable at time and a half in addition to payment for the holiday;
4. emergency duty, where no notice is given to the employee prior to ceasing ordinary duty, will be paid at the rate of double time.
Where overtime is continuous with ordinary duty, overtime payments will be made for hours actually worked (that is, there will be no minimum period for which overtime will be paid). Where overtime is not continuous, or where overtime constitutes emergency duty, payment for each separate overtime attendance will be for a minimum of 2 hours.
Where a single period of overtime extends across more than one calendar day and the calendar days attracts different penalty rates, the higher penalty rate will apply to the full period.
Where a break as described in clause 159 is not possible due to operational requirements as approved by the employee’s manager, the employee will be paid for subsequent periods of work at the rate of double time of the employee’s salary until the employee has taken an 8 hour break.
Where agreed with managers, employees may take time off instead of overtime at the appropriate penalty rate set out above.
Where time off instead of overtime has been agreed for the employee, but the employee has not been granted that time off within 4 weeks or another agreed period due to operational requirements, the employee may elect to receive payment of the original entitlement.

Executive Level Time Off In Lieu

Executive Level employees are sometimes required to work reasonable additional hours. Consistent with the NES, employees may refuse to work unreasonable additional hours.
Executive Level employees seeking to access time off in lieu (TOIL) are required to keep records of their working hours using a method determined by Treasury.
A manager is to grant TOIL in recognition of reasonable additional hours worked. TOIL granted to employees can be taken as whole or part days.
The working arrangements for an Executive Level employee should be agreed through discussion between the manager and the employee. The discussion should include consideration of the work requirements that will safely get the job done and reasonably allow the employee to balance their work and personal life.
An Executive Level employee’s working arrangements and actual hours worked should be discussed on at least a quarterly basis between the employee and their manager.
The pattern of hours is to be flexible enough to accommodate short term peaks and troughs in workload, and include expected reasonable additional hours. The agreed pattern of hours is to be recorded.
Requests from Executive Level employees to access flexible time off which are consistent with their agreed working arrangements are to be supported, subject to operational requirements.

Break before resumption of duty

Where an employee is directed to work outside the bandwidth by their manager, the employee will be entitled to an 8 hour break plus reasonable travelling time before commencing work again. If the break occurs during standard working hours, then the employee will receive their normal salary during that period.
Where the employee would be unable to take an 8 hour break plus reasonable travelling time before commencing work again, the employee must inform their manager.
Clause 159 does not apply to an employee who is directed to work outside the bandwidth for a period of 2 hours or less and the period of work commences no earlier than 2 hours before the beginning of the bandwidth.

Restriction allowance

A manager may direct an employee to be contactable and to be available to perform extra duty outside of the bandwidth, subject to payment of a restriction allowance. The restriction allowance will be paid at the following rates:
1. for each restricted hour on Monday to Friday – 7.5 per cent of the employee’s hourly rate of salary.
2. for each restricted hour on Saturday and Sunday – 10 per cent of the employee’s hourly rate of salary.
3. for each restricted hour on public holidays – 15 per cent of the employee’s hourly rate of salary.
An employee at or below the APS 6 classification will be paid for work performed while restricted at the penalty rates specified at clause 146.
Where the employee who has been restricted is required to perform duty, they will be paid a 2 hour minimum payment.
An Executive Level employee may be granted TOIL for work performed while restricted in line with the TOIL provisions above.

Flexible working arrangements

Treasury, employees and their union recognise:
1. the importance of an appropriate balance between employees’ personal and working lives, and the role flexible working arrangements can play in helping to achieve this balance;
2. access to flexible work can support strategies to improve diversity in employment and leadership in the APS;
3. access to flexible work supports APS capability, and can assist in attracting and retaining the employees needed to deliver for the Australian community, including employees located at a wider range of locations;
4. that flexibility applies to all roles in Treasury, and different types of flexible working arrangements may be suitable for different types of roles or circumstances; and
5. requests for flexible working arrangements are to be considered on a case‑by‑case basis, with a bias towards approving requests.
Treasury is committed to engaging with employees and their union to build a culture that supports flexible working arrangements across Treasury at all levels. This may include developing and implementing strategies through the Workplace Relations Committee.
Flexible working arrangements include, but are not limited to, changes in hours of work, changes in patterns of work and changes in location of work.

Requesting formal flexible working arrangements

The following provisions do not diminish an employee’s entitlement under the NES.
An employee may make a request for a formal flexible working arrangement.
The request must:
1. be in writing;
2. set out details of the change sought (including the type of arrangement sought and the proposed period the arrangement will operate for); and
3. set out the reasons for the change, noting the reasons for the change may relate to the circumstances set out at subsection 65(1A) of the Fair Work Act 2009.
The Secretary must provide a written response to a request within 21 days of receiving the request.
The response must:
1. state that the Secretary approves the request and provide the relevant detail in clause 174; or
2. if following discussion between Treasury and the employee, Treasury and the employee agree to a change to the employee’s working arrangements that differs from that set out in the request – set out the agreed change; or
3. state that the Secretary refuses the request and include the following matters;
  1. details of the reasons for the refusal; and
  2. set out Treasury’s particular business grounds for refusing the request, explain how those grounds apply to the request; and
  3. either:
    1. set out the changes (other than the requested change) in the employee’s working arrangements that would accommodate, to any extent, the employee’s circumstances outlined in the request and that Treasury would be willing to make; or
    2. state that there are no such changes; and
  4. state that a decision to refuse the request, or failure to provide a written response within 21 days is subject to the dispute resolution procedures of the enterprise agreement, and if the employee is an eligible employee under the Fair Work Act 2009, the dispute resolution procedures outlined in sections 65B and 65C of the Fair Work Act 2009.
Where the Secretary approves the request this will form an arrangement between Treasury and the employee. Each arrangement must be in writing and set out:
1. any security and work health and safety requirements;
2. a review date (subject to clause 178): and
3. the cost of establishment (if any).
The Secretary may refuse to approve the request only if:
1. Treasury has discussed the request with the employee;
2. Treasury has genuinely tried to reach an agreement with the employee about making changes to the employee’s working arrangements to accommodate the employee’s circumstances (subject to any reasonable business grounds for refusal);
3. Treasury and the employee have not reached such an agreement;
4. Treasury has had regard to the consequences of the refusal for the employee; and
5. the refusal is on reasonable business grounds.
Reasonable business grounds include, but are not limited to:
1. the new working arrangements requested would be too costly for Treasury;
2. there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested;
3. it would be impractical to change the working arrangements of other employees, or to recruit new employees, to accommodate the new working arrangements requested;
4. the new working arrangements requested would be likely to result in a significant loss in efficiency or productivity;
5. the new working arrangements requested would be likely to have a significant negative impact on customer service; and
6. it would not be possible to accommodate the working arrangements without significant changes to security requirements, or where work health and safety risks cannot be mitigated.
For First Nations employees, Treasury must consider connection to country and cultural obligations in responding to requests for altering the location of work.
Approved flexible working arrangements will be reviewed by Treasury and the employee after 12 months, or a shorter period, if agreed by the employee. This is to ensure the effectiveness of the arrangement.

Varying, pausing or terminating flexible working arrangements

An employee may request to vary an approved flexible working arrangement in accordance with clause 171. An employee may request to pause or terminate an approved flexible working arrangement.
The Secretary may vary, pause or terminate an approved flexible working arrangement on reasonable business grounds, subject to clause 182.
Treasury must provide reasonable notice if varying, pausing or terminating a flexible working arrangement without the agreement of the employee, having regard to the circumstances of the employee. Exceptions to this requirement are urgent and critical operational circumstances or an employee’s demonstrated and repeated failure to comply with the agreed arrangements.
Prior to the Secretary varying, pausing or terminating the arrangement under clause 180, Treasury must have:
1. discussed with the employee their intention to vary, pause or terminate the arrangement with the employee;
2. genuinely tried to reach an agreement with the employee about making changes to the employee’s working arrangements to accommodate the employee’s circumstances (subject to any reasonable business grounds for alteration);
3. had regard to the consequences of the variation, pause or termination for the employee;
4. ensured the variation, pause or termination is on reasonable business grounds; and
5. informed the employee in writing of the variation, pause or termination to the approved flexible working arrangement, including details set out in clause 173.3.

Working from home

Treasury will not impose caps on groups of employees on the time that may be approved to work from home or remotely, with each request to be considered on its merits.
Treasury may provide equipment necessary for, or reimbursement, for all or part of the costs associated with establishing a working from home arrangement.
An employee working from home is covered by the same employment conditions as an employee working at an office site under this agreement.
Treasury will provide employees with guidance on working from home safely.
Employees will not be required by Treasury to work from home unless it is lawful and reasonable to do so. This may include where circumstances prevent attendance at an office during a pandemic or natural disaster. In these situations, Treasury will consider the circumstances of the employees and options to achieve work outcomes safely.

Ad‐hoc arrangements

Employees may request ad‑hoc flexible working arrangements. Ad‑hoc arrangements are generally one‑off or short‑term arrangements for circumstances that are not ongoing.
Employees should, where practicable, make the request in writing and provide as much notice as possible.
Requests for ad‑hoc arrangements are not subject to the request and approval processes detailed in clauses 169 to 178.
Treasury should consider ad‑hoc requests on a case‑by‑case basis, with a bias to approving ad‑hoc requests, having regard to the employee’s circumstances and reasonable business grounds.
Where a regular pattern of requests for ad‑hoc arrangements from an employee emerges, Treasury should consider whether it is appropriate to seek to formalise the arrangement with the employee.

Altering span of hours

An employee may request to work an alternative regular span of hours (bandwidth). If approved by the Secretary, hours worked on this basis will be treated as regular working hours and will not attract overtime payments. Treasury will not request or require that any employee alter their regular span of hours (bandwidth) under these provisions.

Christmas closedown

Treasury will close its normal operations from the close of business on the last working day before Christmas Day, with business resuming on the first working day after New Year’s Day (Christmas closedown).
Employees will be provided with time off between Christmas and New Year’s Day and will be paid in accordance with their ordinary hours of work. Where an employee is absent on long service leave or parental leave, payment for Christmas closedown will be in accordance with the entitlement for that form of leave (for example if on long service leave at half pay, payment is at half pay).
With the exception of long service leave and where required by legislation, there will be no deduction from paid leave credits for the Christmas closedown.
If an employee is directed to work on any of the working days during Christmas closedown, then the employee may elect to have their credit of annual leave increased by the equivalent period, or to receive the equivalent period as time off in lieu. In addition, employees who are directed to work on the first work day after the Boxing Day public holiday will be paid as if it were a public holiday.
A part‑time employee who would not usually work one or more of the working days between Christmas Day and New Year’s Day will be granted a period of absence equal to 20 per cent of their weekly part‑time hours for each of the days on which they would not usually work.
An absence during Christmas Closedown will count as service for all purposes.

Public holidays

Employees are entitled to the following holidays each year as observed at their normal work location in accordance with the Fair Work Act 2009:
1. 1 January (New Year’s Day);
2. 26 January (Australia Day);
3. Good Friday and the following Monday;
4. 25 April (Anzac Day);
5. the King’s birthday holiday (on the day on which it is celebrated in a State or Territory or a region of a State or Territory);
6. 25 December (Christmas Day);
7. 26 December (Boxing Day); and
8. 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.
If a public holiday falls on a Saturday or Sunday, and 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.
The Secretary 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.
The Secretary and an employee may agree to substitute a cultural or religious day of significance to the employee for any day that is a prescribed holiday. If the employee cannot work on the prescribed holiday, the employee will be required to work make‑up time at times to be agreed. This substitution does not impact or reduce an employee’s entitlement to First Nations ceremonial leave, NAIDOC leave or cultural leave.
Where an employee substitutes a public holiday for another day, they will not be paid penalty rates for working their normal hours on the public holiday.
Where a public holiday falls during a period when an employee is absent on leave (other than annual leave, paid personal/carer’s leave or defence service sick leave) there is no entitlement to receive payment as a public holiday. Payment for that day will be in accordance with the entitlement for that form of leave (for example, if on long service leave on half pay, payment is at half pay).
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 if the employee performs work on that day, and the Sunday would otherwise be a public holiday under clause 200.1 to 200.8.
An employee, who is absent on a day or part day that is a public holiday in their normal work location, 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.
Where a full‑time employee, including but not limited to employees on compressed hours, has a regular planned day off which would fall on a public holiday, the Secretary may allow the employee to change their planned day off so that it does not fall on a public holiday. If it is not possible to change their planned day off, the employee will be credited an equivalent amount of time to their regular hours for the day in flex credits or EL TOIL in recognition of the planned day off.

Unauthorised absence

Where an employee is absent from duty and the period of absence was not authorised, all pay and other benefits provided under this agreement (such as flextime) will cease to be available until the employee resumes duty or is granted leave.
Any period of unauthorised absence does not count as service for any purpose, and no entitlements accrue during this period.