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SECTION 4: PEOPLE AND PERFORMANCE MANAGEMENTThis section of the Agreement details the department’s people and performance management principles and practices. 14. Recruitment14.1 In accordance with legislative and departmental policy requirements, managers will utilise the most suitable employment option available to meet their staffing requirements, having regard for effective resource management, organisational requirements and priorities, and the career management and development needs of existing employees. 14.2 Excess departmental employees who are applicants for an advertised vacancy will have their suitability for the position assessed in isolation from, and not in competition with, other applicants for the vacancy. This applies only to vacancies at the excess employee’s substantive level or below. 15. Induction, orientation and probation15.1 It is crucial that new employees are made aware of the department’s mission, structure and operations, their rights and responsibilities and their role in the organisation. Timely induction and orientation of new employees will be given a high priority. 15.2 Employees who are engaged from outside the Australian Parliamentary or Public Services will be required to undergo probation in accordance with the relevant departmental guidelines. Managers and supervisors are required to apply the guidelines in relation to probationary employees. 16. Performance Communication Scheme16.1 The Performance Communication Scheme (the Scheme) provides the framework for managing two-way communication and feedback between supervisors and employees on work performance. The Scheme will provide the following benefits:
16.2 All managers must ensure that the Scheme is operating in their section or committee secretariat, in accordance with the relevant departmental guidelines, and in particular, that:
16.3 In accordance with the Scheme’s guidelines, the following elements apply:
17. Managing under-performance17.1 While the Scheme operates on a cycle of performance review, a review of work performance may be initiated at any time by the relevant supervisor, in accordance with the relevant departmental guidelines. 17.2 The following provisions apply to all employees whose overall performance is assessed as “requires development” or “unsatisfactory”, with the exception of those employees who are undergoing a period of probation. Performance that requires development17.3 An assessment that an employee's overall work performance “requires development” will necessitate the supervisor to monitor closely the employee’s performance over the ensuing two month period (one month in the case of non-ongoing employees) and to implement development strategies to enable the employee to reach “effective or better” work performance by the end of the monitoring period. 17.4 Where an ongoing employee’s overall performance has not reached “effective or better” at the end of the two month period, the unsatisfactory performance provisions outlined below will apply. 17.5 Where a non-ongoing employee’s overall performance does not reach “effective or better” at the end of the one month monitoring period, it may result in the termination of employment. Unsatisfactory performance17.6 Where an ongoing employee receives an overall assessment of “unsatisfactory” performance, the program manager will:
17.7 If, at the end of the two month period, the employee’s overall performance is again assessed as “unsatisfactory”, the Clerk will issue a notice of intention to:
17.8 The employee will have seven days from the date of the notice given by the Clerk to show cause, in writing, why this action should not be taken. 17.9 At the end of the seven days, the Clerk, having considered any representation submitted by the employee, may implement the action. In the event that the review period is extended, at the completion of the review clause 17.7 again comes into effect. 17.10 Non-ongoing employees whose overall performance is assessed as “unsatisfactory” at any stage during their employment period may have their contract of employment terminated. 18. Learning and development18.1 All employees are encouraged and expected to take personal responsibility for developing and enhancing their skills and knowledge, and improving their individual performance to meet the current and future skill requirements of the department and the Parliamentary Service. This approach will assist to improve the quality of departmental services, to maintain a highly skilled, flexible and mobile workforce, and to enhance career prospects of employees. 18.2 To encourage a culture of ongoing learning and professional development, employees will participate in the learning and development goals set out in the Scheme. 18.3 Employees will have a target of three days per financial year for work-related learning activities. These activities will be managed having regard for the effectiveness of individual and team learning within available training budgets, while maintaining operational effectiveness. Where practicable, employees who have completed such activities should endeavour to communicate the learning to relevant colleagues and/or their supervisor. 18.4 The department encourages its employees to undertake formal study in fields which link to the achievement of its corporate goals. The department may provide employees with access to relevant external study through its Studybank Scheme, which may include financial assistance to employees who successfully complete units (or equivalent) of study. 18.5 In accordance with the department's Studybank Scheme, the Clerk may approve the grant of assistance to an employee to a maximum of:
18.6 Applications for leave without pay to study will be considered under the relevant departmental guidelines. 19. Rotation and mobility19.1 An important element of being able to provide high quality services and outcomes is to establish and maintain a cooperative and flexible workforce with highly motivated, versatile managers, employees and work teams. To facilitate this, the Clerk may from time to time assign duties to an employee within his or her current classification. 19.2 Parliamentary Executive level employees must be highly skilled, knowledgeable and flexible, and, as far as possible, have broad exposure to the various work areas across the department. To achieve this, these employees will rotate to other appropriate positions from time to time, as considered by the Program Manager Group. Prior to any decision being made, the employee will be consulted by the relevant program manager regarding the proposed rotation. 19.3 Employees at the Australian Parliamentary Service Level 6 and below will be encouraged to broaden their skills and knowledge by rotating to different positions in the department from time to time. Parliamentary Executive Level 2 managers will ensure that discussions about mobility options are held with employees in their work areas, when appropriate and prior to any decision to rotate employees. 19.4 A program manager may temporarily move any employee
to another position at a commensurate level for periods up to three months, or
for longer periods as agreed by the employee and program manager. These moves
may be for reasons such as facilitating completion of urgent tasks or assisting
with heavy workloads in other areas of the department, relieving other
employees under particular pressure, or reducing the need for 19.5 In recognition of the value to be gained by the department as a whole by employees expanding their knowledge of other work areas, an associated field of work, or parliamentary knowledge, the department will sponsor an in-house scholarship and understudy program. Nominations will be called for both programs and all employees are eligible to apply. 19.6 Under the in-house scholarship program, employees
can nominate to undertake a particular project or research that is relevant to
the department or parliament. The scholarship must be undertaken at
appropriate times, such as non-sitting or quieter periods and the employee can
work on the project during working hours. The project or research would lead
to the preparation of a paper which could be published and/or presented at an 19.7 The understudy program will enable employees to gain practical experience in a particular job within the department, while keeping both the “trainee” and “trainer” on-line. The understudy program may entail a short-term, single-task secondment to the relevant area to understudy the incumbent of the position. 19.8 The department may provide up to $35,000 to fund the costs associated with the programs. Decisions on access and associated funding will be taken by the Program Manager Group. 20. Consultation with employeesChange management20.1 The department is committed to communicating and consulting with employees on workplace issues. The requirements outlined in clauses 20.2 to 20.4 will operate in addition to the consultation procedures set out in clauses 20.5 to 20.14. 20.2 The corporate and work planning processes will provide an opportunity for employees to develop an understanding about corporate directions and how they translate to work groups and individuals. As well, it is expected that managers will facilitate and participate in office and section meetings which are vehicles for ongoing co-ordination and discussion, and enable comments and suggestions from employees about workplace matters. 20.3 Employees will be consulted on planning and change issues. Compulsory retrenchment will be avoided wherever possible. Managers will minimise the impact of changes on their employees, not by avoiding the changes but by supporting the affected employees before, during and after the changes. 20.4 The department and employees agree to discuss workplace issues in a spirit of co-operation and trust and the department will ensure that employees not only receive information on workplace issues that affect them, but also have an opportunity to contribute their views on those issues. Consultation20.5 Clauses 20.5 to 20.14 will apply if:
20.6 The Clerk must notify the relevant employees of the decision to introduce the major change. 20.7 The relevant employees may appoint a representative for the purposes of the procedures in these clauses. 20.8 If:
the Clerk must recognise the representative. 20.9 As soon as practicable after making the decision, the Clerk must:
20.10 However, the Clerk is not required to disclose confidential or commercially sensitive information to the relevant employees. 20.11 The Clerk must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 20.12 If a clause in this agreement provides for a major change to programs, organisation, structure or technology in the department, the requirements set out in clauses 20.6, 20.7 and 20.9 are taken not to apply. 20.13 In this clause a major change is likely to have a significant effect on employees if it results in:
20.14 In clauses 20.5 to 20.13 relevant employees means the employees who may be affected by the major change. Workplace Consultative Committee20.15 The department will maintain a Workplace Consultative Committee, chaired by a program manager, and comprising one other senior manager if nominated by the Program Manager Group, employee representatives nominated or elected by employees and a representative from each union covered by this Agreement. 20.16 Members of the Workplace Consultative Committee will review the terms of reference for the Committee from time to time. 20.17 The Workplace Consultative Committee will monitor the implementation and effectiveness of this Agreement. The Committee may at any time make recommendations to the Program Manager Group regarding workplace issues not explicitly dealt with in this Agreement. 20.18 The Workplace Consultative Committee may establish sub-committees to deal with major issues. A sub-committee will report back to the Workplace Consultative Committee on its activities. 20.19 Access to appropriate facilities (including communication systems, office equipment and notice boards) will be available to members of the Workplace Consultative Committee and members of sub-committees established by the Committee. 21. Occupational health and safety21.1 The department and its employees agree to work in co-operation to meet their legislative and policy responsibilities in relation to occupational health and safety. 21.2 All employees will take an active role in preventing workplace injury. It is the responsibility of all managers and supervisors and, in particular, Parliamentary Executive level employees, to plan for and manage peak workloads and provide suitable training and assistance to employees to undertake their work. 21.3 To assist in preventing serious workplace injury and illness the following provisions will apply:
21.4 Attendance at any of the above activities and appointments will be in the employee’s own time and travel costs will be the employee’s responsibility. 21.5 Under the Safety, Rehabilitation and
Compensation Act 1988, the department has ongoing responsibility to manage
workers' compensation claims and provide rehabilitation and return to work
programs for injured employees. Supervisors and colleagues of injured
employees will Fit-for-Work Scheme21.6 The department recognises that employees who are fit and healthy are likely to be more productive in the workplace. Employees are therefore encouraged to participate, in their own time, in activities that promote good health. 21.7 To assist employees in undertaking health and fitness activities, and offset the costs associated with an influenza vaccination and the need for corrective lenses for use with screen-based equipment, employees will be paid an annual Fit-for-Work subsidy of $550. 21.8 The taxable subsidy will be paid in August each year. 21.9 Ongoing employees who commence part way through the year will receive a pro rata payment on commencement. 21.10 Non-ongoing employees who are employed as at 1 August 2010 will receive a pro rata payment based on the remaining period of their employment contract. 21.11 Non-ongoing employees who commence employment after 1 August 2010 will receive a pro rata payment of the subsidy (based on the length of their employment contract) at the commencement of each employment contract, including extensions, up to a maximum of the subsidy. 21.12 Pro rata payments will be calculated on whole months of service. 22. Employee assistance22.1 The department will provide access to a confidential, professional counselling service, at no cost to employees, to help them resolve both personal (generally, up to three sessions) and work-related matters. Managers and supervisors may access the program for advice on effective handling of work-related issues also. 23. Informal review of employment actions23.1 For matters not covered by clause 9 of this Agreement, the department and employees agree that, as far as possible, attempts will be made to resolve informally an employee’s concerns about employment-related actions. This may involve discussing the matter with the employee’s supervisor, next level of supervisor or manager, or consulting with HRM. 23.2 Where matters cannot be resolved informally, or it is more appropriate to do so, an employee may be entitled to request a review of actions under the Parliamentary Service Act 1999. 24. Managing suspected breaches of the Parliamentary Service Code of Conduct24.1 Suspected breaches of the Parliamentary Service Code of Conduct will be dealt with under the department's procedures established in accordance with section 15 of the Parliamentary Service Act 1999. 25. Excess employees25.1 The provisions of this clause apply to ongoing employees who are excess to the requirements of the department. They do not apply to:
25.2 For the purposes of this Agreement, an employee is excess to the requirements of the department if:
Consultation process25.3 When the Clerk is aware that an employee is potentially excess to requirements, the Clerk will advise the employee accordingly, and will hold discussions with the employee and, if requested, his or her nominated representative, to consider what measures could be taken, including:
25.4 The Clerk may, prior to the conclusion of these discussions, invite employees who are not potentially excess to express interest in voluntary retrenchment, where the retrenchment of those employees would permit the redeployment of the employees who are potentially excess. 25.5 The Clerk will immediately advise, in writing, those employees who are excess to the department's requirements:
Invitation to accept an offer of voluntary retrenchment25.6 The Clerk may make one offer of voluntary retrenchment to an excess employee. Where the Clerk invites an excess employee to accept voluntary retrenchment, the employee will have one month in which to accept or decline the offer. 25.7 To enable an employee to make an informed decision on whether to accept or decline an offer of voluntary retrenchment, the employee must be given timely information on the:
25.8 If the employee does not respond to the offer within one month it will be taken to mean that the offer has been declined, and the redeployment process and retention period will continue. 25.9 Where the offer is accepted, the Clerk will not give notice of termination before the end of that period without the agreement of the employee. Notice of termination of employment25.10 Where the excess employee agrees to be voluntarily retrenched, the Clerk may approve the termination of the employee’s employment in accordance with section 29 of the Parliamentary Service Act 1999. 25.11 The period of notice of retrenchment will be:
25.12 The Clerk can direct, or the employee may request, an earlier retrenchment date within the period of notice. 25.13 Where an employee is retrenched before the expiration of the notice period, payment in lieu of salary for the unexpired period of notice will be made. Severance benefit on voluntary retrenchment25.14 An excess employee whose employment is terminated under the Parliamentary Service Act 1999 is entitled to be paid a sum equal to two weeks salary for each completed year of service, plus a pro rata payment for completed months of service since the last completed year of service unless:
25.15 The minimum sum payable will be four weeks salary and the maximum will be 48 weeks salary. 25.16 The severance benefit will be calculated on a pro rata basis for any period where an employee has worked part-time hours during their period of service and the employee has less than 24 years full-time service. 25.17 Where an excess employee’s employment is terminated under the Parliamentary Service Act 1999 but the severance benefit payable under the above clauses is not treated as payment in respect of bona fide redundancy for the purposes of the Income Tax Assessment Act 1936, the benefit payable will be increased to the extent necessary to ensure that the net benefit payable, after tax, is equal to the benefit that would be payable had the termination been treated as a bona fide redundancy for tax purposes. 25.18 Subject to clauses 25.19 to 25.21, service for severance pay purposes means:
25.19 For earlier periods of service to count there must be no breaks between the periods of service, except where:
25.20 Any period of service which ceased:
will not count as service for severance pay purposes. 25.21 Absences from duty which do not count as service for long service leave purposes will not count as service for severance pay purposes. Rate of payment – severance benefit25.22 For the purpose of calculating any payment under clause 25.14, salary will include:
Retention periods and redeployment action25.23 Unless the excess employee agrees, his or her employment will not be terminated until the following retention periods have elapsed:
Note: The retention period has been reduced to reflect that, under the NES, an employee is entitled to redundancy pay in respect of the redundancy pay period. 25.24 The retention period will commence on the date the employee is advised in writing by the Clerk that he or she is an excess employee. 25.25 During the retention period the Clerk:
25.26 During the retention period the employee:
Involuntary retrenchment25.27 Where an excess employee has been receiving redeployment assistance for two months and:
the Clerk may, with the agreement of the employee, terminate the employment of the employee. 25.28 Where, with the agreement of the employee, the Clerk terminates the employment of the excess employee, the employee will be paid:
25.29 The Clerk may terminate the employment of an excess employee at the end of the retention period. 25.30 An excess employee will not be retrenched involuntarily if the employee has not been invited to accept an offer of voluntary retrenchment. 25.31 An excess employee will be given the following notice, or payment in lieu of notice, where it is proposed that they be retrenched involuntarily:
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