AFP Collective Agreement

3. This Agreement is between the Commissioner of the Australian Federal Police (AFP) (on behalf of the Commonwealth) in respect of all AFP employees unless otherwise excluded, and the Australian Federal Police Association Branch of the Police Federation of Australia.

4. Dates of Operation

4. This Agreement operates from the date of lodgement with the Office of the Employment Advocate (OEA) and will have a nominal expiry date of
30 June 2011.

5. Application of the Agreement

5. This Agreement applies to all employees of the AFP with the exception of:

employees who have been declared Senior Executive Service AFP employees under s. 25 of the Australian Federal Police Act 1979;
employees who are deployed overseas under section 40H(1) of the Australian Federal Police Act 1979 and where a determination under section 40H(2) of the said Act is in place, other than in Externl Territories;
employees of the AFP specifically covered by an Australian Workplace Agreement (AWA) under the Workplace Relations Act 1996.

6. This Agreement does not apply to Special Members of the AFP, with the exception of Special Members who were employees of the AFP before being declared a Special Member.

6. Comprehensive Agreement

7. This Agreement is a comprehensive workplace agreement, and excludes the protected award conditions (as defined in the Workplace Relations Act 1996, as amended from time to time) within all applicable awards including the Australian Federal Police Award 2002 (as varied from time to time).

8. Note: The protected award conditions are award conditions that are excluded from this Agreement that would, but for this Agreement, have effect in relation to the employment of employees under this Agreement and relate to the following matters: rest breaks, incentive based payments and bonuses, annual leave loadings, public holidays, monetary allowances, loadings for working overtime or for shift work, penalty rates, outworker conditions and any other award conditions specified as protected award conditions in Regulations made under the Workplace Relations Act 1996.

9. The general terms and conditions of this Agreement apply to all employees in their entirety unless specifically identified, excluded or substituted.

10. It is acknowledged that employment in the AFP is subject to the provisions of Acts of Parliament (and regulations and instruments made under those Acts) including, but not limited to, the:

Administrative Decisions (Judicial Review) Act 1977;
Long Service Leave (Commonwealth Employees) Act 1976;
Maternity Leave (Commonwealth Employees) Act 1973;
Occupational Health and Safety (Commonwealth Employment) Act 1991;
Australian Federal Police Act 1979;
Safety, Rehabilitation and Compensation Act 1988;
Superannuation Act 1990;
Superannuation Act 1990;
Superannuation Benefits (Supervisory Mechanisms) Act 1990;
Superannuation (Productivity Benefit) Act 1988;
Superannuation Guarantee (Administration) Act 1992 ; and
Workplace Relations Act 1996.

7. Australian Workplace Agreements

11. Any AFP employee may initiate discussions regarding an AWA at any time and the Commissioner may enter into AWAs with employees covered by this Agreement. This Agreement will have no effect in relation to an employee while an AWA operates in relation to the employee. Once entering into an AWA employees are not able to terminate their AWA and return to this Agreement whilst employed by the AFP.

8. Delegation

12. The Commissioner may, in writing, delegate any of the Commissioner's powers or functions under this Agreement (other than under this clause or sub-clause 19.1).

13. A person exercising delegated powers or functions under this Agreement must comply with any directions of the Commissioner.

14. This clause does not limit the power of the Commissioner to authorise a person to act for and on his behalf.

9. Salary Increases

15. The Agreement provides a base salary increase of:

2.9% effective from the date of lodgement with the Office of the Employment Advocate;
4% effective from 1 July 2007;
4% effective from 1 July 2008;
4% effective from 1 July 2009; and
4% effective from 1 July 2010.

16. This agreement consolidates a diverse range of employee arrangements into a single agreement. This will generate a positive cultural shift by advancing the integration process and achieve significant efficiencies. In recognition of this (in addition to the above increases to base salary rates), employees will receive a 'single agreement productivity' one-off bonus equivalent to 1.15% of the employee's base salary plus composite as payable upon lodgement of this Agreement.

17. This bonus will be paid as soon as practicable after lodgement of this Agreement and will not count as salary for superannuation.

10. Definitions

The Act means the Australian Federal Police Act 1979 (as amended).
AFP means the Australian Federal Police.
AFP member means member as defined in the Australian Federal Police Act 1979.
ASO means an employee engaged as an Air Security Officer.
Employee means a person engaged under section 24 of the Australian Federal Police Act 1979 (as amended).
Base composite means a non-discretionary annualised composite allowance paid fortnightly in regular pay for an employee assigned and working in a pattern described as:
1. Operations 22%; and
2. Rostered Operations 22%.
Base Salary means the increment point within the AFP 9 Band Classification Structure against which a person is being remunerated.
Base Salary hourly penalty rate means a payment in accordance with the following formula:
- (Base salary x 12 / 313) / 80
Broadband means the combination of two or more classification levels into a single, broader designation.
Commissioner means the Commissioner of the Australian Federal Police, or his/her delegate(s).
Classification Structure means the 9 band classification levels to which the AFP applies work level standards and sets associated performance expectations.
Consultation means providing relevant information to employees and where they choose their representatives, about impending changes, decisions or other issues which will affect them, so that they are able to meaningfully participate in debate and, for this to be effective, the participation must be contributing to the decision making process.
Double Time Hours means hours that are worked and calculated at ordinary time x 2.
Firm Barrier means a point within a broadband where job availability and successful assessment against relevant criteria may be required prior to advancement across a classification level within the broadband.
Functional Area means each business stream within the AFP as managed by a National Manager.
Hard Barrier means a break between two classification levels where the only mechanism for internal advancement is through a merit selection exercise.
Increment Point means the point within a classification level that an employee is paid.
Lodgement means the date upon which this Agreement is lodged with the Office of the Employment Advocate.
Manager means a person who carries the responsibility for the supervision of one or more employees, including the monitoring of attendance and performance.
Meal Break means a paid break of 24 minutes that may be taken within the shift. An employee is considered to be on duty during a meal break. A meal break should be taken, wherever possible, between each fourth and fifth hour of continuous duty and, wherever possible, between each fourth and fifth hour of duty after each previous meal break.
Medical Certificate means a certificate provided by a registered or licensed health practitioner under a law of a State or Territory that provides for the registration or licensing of health practitioners of that type.
Merit means ensuring all eligible people are provided an opportunity to apply for existing vacancies, and that any employment decisions are transparent and based on a fair assessment of the applicant's ability to perform the given role.
Mutually agreed or by mutual agreement means an agreement freely entered into between one or more individuals and the AFP.
NAIDOC means National Aboriginal and Islander Day Observation Committee.
Night Shift for the purposes of sub-clause 20.3.1 (Roster Principles) and sub-clause 20.2.4 (Safety net provisions) means any rostered shift of eight hours or more either commencing on or after 1800 hours or finishing on or before 0600 hours.
Normal Hours means hours between 0600hrs and 2000hrs Monday to Friday, excluding Public Holidays.
On-Call means a situation in which an employee is rostered, or directed by a Team Leader, to be available to respond forthwith for duty outside of their ordinary working hours or shift.
Operations means roles that directly delivers or supports operational outcomes that involve potential flexible 24-hour deployments in accordance with the work structure as outlined in sub-clause 20.2.
Ordinary time means hours that are worked at single time based on an averaged 40-hour week.
Ordinary time rate means the salary at each increment point included in the salary spine and does not include any other allowances.
Overtime rate means a payment in accordance with the following formula:
- (Base salary x 12 / 313) / 40
Part-time employee means an employee who works on a regular basis, less than 40 hours per week.
Performance Development Agreement (PDA) means the AFP's performance development and performance appraisal system.
PSO means an employee engaged as a Protective Service Officer as defined in the Australian Federal Police Act 1979.
Recall to duty means where an employee responds to a direction to perform duty between or outside periods of rostered or scheduled duty either at their current location or another location.
Representative means a person, organisation or employee association chosen by an employee or group of employees to represent their interests.
Rostered Operations means roles that directly deliver or support operational outcomes that involve regular shift work requirements in accordance with the work structure as outlined in sub-clause 20.3.
Salary Band means the range of incremental salary points within the AFP's 9 band classification structure.
SASO means a Senior Air Security Officer.
SES means a Senior Executive Service officer.
Shift Worker means an employee who is rostered to perform ordinary hours of duty usually on a 24-hour, seven-day rostered arrangement including Public Holidays for an ongoing or fixed period. This will normally involve an alternating pattern covering a minimum of two different shift patterns.
Soft Barrier means a point within a broadband where successful assessment against relevant criteria is required prior to further incremental salary advancement.
Support means roles that support the delivery of operational outcomes to be achieved by the AFP, in accordance with the work structure outlined in sub-clause 20.1.
Team Leader means a person who carries the responsibility and is accountable for how allocated resources (human, information and financial) are utilised.
Trainee means an AFP employee who is subject to a training agreement between the AFP and the employee that is registered with the relevant State or Territory training authority or under a law of a State or Territory relating to the training of employees. An AFP Member or PSO is not considered a Trainee for the purpose of this Agreement.
Three Calendar Month Averaging Period means four annual quarters of:
1. 1 July - 30 September
2. 1 October - 31 December
3. 1 January - 31 March
4. 1 April - 30 June
To be applied on a pro rata basis where an individual is appointed or transferred part way through the initial averaging period.
Weekend means any Saturday and Sunday from 0000 Saturday to 2400 Sunday.
Working day means for the purpose of sub-clause 13.3 - Higher Duties Allowance:
- Support working pattern - Monday to Friday inclusive of public holidays and approved leave.
- Operations/Rostered Operations working pattern - any day an employee is required to work inclusive of public holidays and approved leave and excluding recalled to duty attendance.
Working Pattern means working in a pattern described as:
- Operations;
- Rostered Operations; or
- Support.

Classification and remuneration structure

11. Classification Structure

18. The AFP Classification Structure comprises of 9 classification levels with broadbands specific to functional areas as described in Attachment B.

19. The AFP will maintain a central role classification system that enables the work value of roles to be assessed and to which the Commissioner assigns an employee.

12. Broadband and Advancement Arrangements

12.1 Broadbands

20. A broadband is the combination of two or more classification levels into a single, broader designation. A broadband encompasses the full range of work value and work level standards of the classification level it reflects.

21. A broadband enables advancement based on increasing skill and capability where the job description is the same across the classification levels the broadband reflects.

22. Where an employee is advanced within a broadband, they will be deemed substantive at the equivalent classification level for which they are being remunerated.

12.2 Creation of a General Broadband

23. The Commissioner may approve the creation of a general broadband structure during the life of this Agreement under the following provisions:

any general broadband structure will only be accessible by AFP employment groups not already covered by a specific broadband;
a general broadband created under this Agreement operates according to its terms as if it is part of this Agreement;
eligibility to access the general broadband will be subject to an appropriate advancement strategy being developed in consultation with employees and, where they choose, their nominated representatives, covering the relevant employment group; and
the creation of a general broadband is to be consistent with the AFP classification levels and associated work level standards and the AFP values on employment decisions.

12.3 Advancement Within Broadbands Across a Soft Barrier

24. Salary advancement across a soft barrier may be subject to:

the rating of the employee's performance, including behavioural aspects, as satisfactory or better;
the adherence to AFP core values, as indicated by an employee's professional standards history; and
the completion of specified training and/or acquisition of specified qualifications.

25. Where an assessment is required, it is expected that this will occur in a timely manner prior to the anticipated advancement date. It is acknowledged that there is a mutual obligation between the employee and the AFP to address all steps necessary for a timely assessment to take place. Should a successful assessment not be completed by the anticipated advancement date, the date of advancement will be backdated to the anticipated date of advancement.

12.4 Advancement Within Broadbands Across a Firm Barrier

26. Advancement across a firm barrier within a broadband may be subject to:

job availability;
the rating of the employee's performance, including behavioural aspects, as satisfactory;
adherence to AFP core values as indicated by an employee's professional standards history;
the completion of specified training and/or acquisition of specified qualifications; and
any additional formal assessment as required by a panel or committee responsible for the assessment of the employee's skills, capabilities and performance.

27. Where an assessment is required, it is expected that this will occur in a timely manner prior to the anticipated advancement date. It is acknowledged that there is a mutual obligation between the employee and the AFP to address all steps necessary for a timely assessment to take place. Should a successful assessment not be completed by the anticipated advancement date, the date of advancement will be backdated to the anticipated date of advancement.

12.5 Advancement Across Hard Barrier

28. Advancement across a hard barrier will be on the basis of open merit competition for notified vacancies.

12.6 Existing Advancement Arrangements

29. The Advancement Arrangements (as of the date of lodgement of this Agreement) specific to the existing broadband structures will not be varied during the life of this Agreement unless consistent with the variation provisions contained in the relevant arrangement.

13. Remuneration Structure

13.1 Salary on Commencement

30. Unless otherwise agreed by the Commissioner, the minimum salary points of each classification level will be used when a person is engaged from outside the AFP, on promotion or advancement across a hard barrier, where an employee is not already on that salary point.

31. Where an employee is advanced to a higher band in the Classification Structure, the employee will move to a salary point in that band which will provide a salary increase (of not more than one salary point) from their previous classification band subject to the following paragraph.

32. The employee will move to a higher salary point upon advancement where the employee would otherwise have been on a higher salary point due to the performance of higher duties consistent with sub-clause 13.2.

13.2 Salary Increments

33. Where not inconsistent with broadband advancement provisions, or where there is no broadbanding, progression within a classification level (incremental advancement) will be at the anniversary date of the employee's last advancement, or their engagement at the relevant classification level subject to the employee having a current Performance Development Agreement in place and where not inconsistent with this sub-clause. The date of salary translation for Protective Service Officers is not considered salary advancement or incremental progression for the purposes of this sub-clause.

34. Incremental advancement will be deferred where an employee has a formal remedial Performance Development Agreement until such time as the employee's performance is rated as satisfactory.

35. Periods of leave without pay exceeding 30 days within any 12 month period will not count for service for this purpose and will defer incremental advancement for the period of leave taken unless the period of leave without pay is deemed by the Commissioner to count as service.

36. For periods of Higher Duties, incremental advancement to the next increment point within the higher classification level will occur where an employee has been temporarily undertaking duties at a higher level for each continuous period of 12 months, or there has been temporary assignment of duties at a higher level for a total of 12 months in a 24-month period.

13.3 Higher Duties Allowance

37. Where an employee is required to perform the duties of a role at a higher classification level or, where there is a broadband across a hard barrier, and performs all the functions of that role for a period not less than 10 consecutive working days, the employee may choose to be paid at the minimum salary for that classification level for the entire period of higher duties.

38. Higher Duties will be limited to a maximum total period of six (6) months in any role without advertisement, except where the Commissioner has determined that a longer period of higher duties is appropriate.

39. In exceptional circumstances, the Commissioner may authorise the payment of higher duties allowance at a higher rate.

14. Casual Employment

40. Where an employee is engaged on a casual basis to do work that is intermittent or irregular in nature they will receive a 20% loading in lieu of accrual of recreation leave and personal leave. An employee engaged on a casual basis cannot purchase leave and is not entitled to any payment for miscellaneous leave, adoption leave, maternity leave or public holidays.

41. It is not the intention of the AFP to employ Members or Protective Service Officers as defined in the Australian Federal Police Act 1979 on a casual basis.

15. Trainees

42. The Commissioner may engage an employee as an AFP Trainee at any classification level up to and including AFP Band 3, consistent with the AFP Classification Structure. AFP Trainee employees will undertake a course of training as determined by the Commissioner.

43. Upon commencement, Trainee employees will be paid 70% of the minimum increment point within the relevant classification level for the duration of the training program.

44. On successful completion of their training, Trainee employees will progress to 100% of the minimum increment point within the relevant classification. Further incremental progression will be consistent with general AFP salary incremental advancement provisions.

16. Flexible Remuneration Packaging (Salary Packaging)

45. An employee may choose to sacrifice up to 50% of their base salary for other benefits within the approved menu of benefits under the AFP salary packaging arrangements. The Commissioner may authorise a higher percentage in exceptional circumstances.

46. Any fringe benefit tax and administrative costs incurred as a result of any remuneration packaging arrangement will be met by an employee through the salary packaging arrangements.

47. An employee's salary for superannuation purposes will not be altered as a result of any remuneration packaging arrangements.

48. The AFP will consult with employees and, where they choose, their representatives on salary packaging arrangements.

49. It is incumbent upon each AFP employee to seek their own financial and/or legal advice regarding salary packaging on a regular basis. The AFP will not be responsible for any personal liability incurred through salary packaging arrangements.

17. Superannuation

50. Where choice of superannuation fund is available to some or all AFP employees, the default fund for employees who fail to make an election in accordance with the relevant legislation will be for:

new employees who do not have a previous interest in the CSS or PSS, the PSSAP; or
all other employees, the Commonwealth fund they were in immediately prior to choice being made available to them.

51. An employee to whom choice of superannuation fund is available may not elect a fund different from their default, unless that alternative fund:

is approved in accordance with superannuation choice arrangements; and
accepts payments by electronic funds transfer.

52. AFP will provide an employer superannuation contribution for each employee who is a member of the PSSAP or who elects a fund different from their default. The contribution will be based on fortnightly contribution salary and be paid at a rate as specified by the relevant legislation.

Hours and organisation of work

18. Hours of Work

53. Consistent with Part 7 Division 3 of the Workplace Relations Act 1996, employees will work an average of 40 hours per week, made up of:

38 hours per week; and
not less than two (2) reasonable additional hours per week.

54. Average working hours include a paid meal break/s.

55. The required hours of work may be averaged over a nominated period as provided in the relevant working pattern consistent with the employees given position or role at any time.

56. Employees may be required to work on public holidays and weekends due to operational requirements.

57. The AFP and employees acknowledge that a time recording system will be utilised to monitor the application of the terms and conditions of this Agreement. This will facilitate the operation of the time administration of this Agreement. The AFP system will accurately record the relevant provisions of this Agreement.

18.1 Reasonable Hours

58. An employee who is called upon to work in excess of an average of 40 hours per week, may refuse to work additional hours when to do so would result in the employee working unreasonable hours having regard to:

any additional hours already factored into the relevant working pattern;
any risk to the employee's health and safety;
the employee's personal circumstances, including any family responsibilities;
the needs of the workforce;
the notice (if any) given by the employer of the excess hours and by the employee of their intention to refuse it;
whether the additional hours are on public holiday;
the employees hours of work over the 4 weeks ending immediately before being required or requested to work the additional hours; and
any other relevant matter.

19. Working Patterns

59. The AFP operates in a diverse range of environments requiring varied working patterns. There are three separate working patterns in the AFP, one of which will be assigned to a position or role, up to and including Band 8, in order to best achieve business outcomes.

60. Band 9 employees do not have access to the provisions within this clause.

19.1 Establishing Working Patterns

61. Working patterns will be linked to organisational outcomes and reflect the actual requirements of the position or role.

62. Working patterns will be assigned to a position or role by the Commissioner as detailed in Attachment C and can be implemented during the life of this Agreement. Where, during the life of this Agreement the Commissioner determines that a particular position or role requires a different working pattern to meet organisational outcomes due to a change in the operating environment, the Commissioner may assign a different working pattern to the particular position or role.

63. The Commissioner will consult with affected employees in establishing, reviewing and assigning working patterns to positions or roles, in accordance with the consultation provisions of this Agreement. Where any variation is proposed or required, the Commissioner will provide affected employees with 28 days prior notice in writing. Any disputes in relation to this sub-clause, will be dealt with under the dispute avoidance and settlement procedures of this Agreement.

19.2 Composite Allowance

64. Depending on the working pattern, a composite allowance is payable in recognition of working hours and patterns associated with the specific position or role. Where an employee is in receipt of a composite allowance, they are expected to work and be available to work in the patterns for which the composite allowance is compensating.

65. Composites are not used for salary adjustments, experience premiums or additional hours arrangements.

19.3. Management Initiated Transfer

66. Where an employee is in receipt of a composite relative to the Rostered Operations or Operations working pattern and they are assigned duties to a role within the Support working pattern they will retain their original Operations or Rostered Operations base composite unless the assignment of duties was as a result of:

an advertised vacancy;
an advertised expression of interest;
a voluntary/requested transfer;
the expiry of a term transfer;
the implementation of an AFP rotational policy; and
an adverse Professional Standards finding under Part V of the Australian Federal Police Act 1979, where the associated review processes have been exhausted, and the subsequent action taken in relation to the finding is the transfer of the employee.

67. Where a base composite continues to be paid for a period of time consistent with this sub-clause, the conditions of that working pattern will apply.

20. Working Pattern Descriptors

20.1 Support

68. A normal working week for employees working the Support working pattern will be Monday to Friday excluding public holidays.

69. Employees will work 520 hours over a three calendar month averaging period (average of 8 hours per day).

70. Where an agreement exists between the Team Leader and the employee/s they may be able to work these hours flexibly within a bandwidth of 0600 to 2000 Monday to Friday. Where there is no agreement, an employee's normal hours of work will be 0800-1600 Monday to Friday.

71. Where an employee requests, and it is agreed to by the Team Leader, an employee may be able to work outside the normal hours on a regular or ad-hoc basis.

72. Split shifts will only be worked by genuine agreement between the employee and the Team Leader.

20.1.1 Pre-Purchased Additional Hours

73. Where the Office/Functional Manager identifies, through the annual business planning process, a need for regular additional hours for identified high volume periods, they may enter into an agreement with an employee or group of employees up to and including Band 8, to pre-purchase reasonable additional hours up to a maximum of 6 hours per week for the duration of the high volume period.

74. An identified high volume averaging period should be no less than a 3 calendar month averaging period and will be no more than 12 months.

75. An employee will receive an additional composite of 4% of their normal base salary for each pre-purchased hour per week.

76. Pre-purchased additional hours can be used inside or outside 6am to 8pm Monday to Friday, however, ordinary hours can only be used 6am to 8pm Monday to Friday.

77. All arrangements for the purchase of additional hours to employees are subject to:

agreement between the employee and Team Leader;
the approval of the relevant senior executive functional or office manager;
must be genuinely and freely entered into by the employee and not be compulsory;
must be acquitted over the averaging period; and
time recording of hours worked.

78. This sub-clause may only be applied prospectively.

20.1.2 Emergency Extra duty

79. Where the Team Leader identifies short peaks in workload of not more than one month and neither pre-purchased hours nor Flex-time meet the needs of the workplace, subject to approval of a SES employee or delegate, a Team Leader and employee may purchase reasonable additional hours for emergency extra duty to be paid at the overtime rate for each additional hour (or part thereof).

80. Emergency extra duty hours may be directed to be worked at any time and must be acquitted within the three calendar month averaging period applicable to employees within the Support working pattern.

81. Generally this sub-clause should be applied prospectively however; retrospective application may be approved where circumstances prevent prospective application.

20.1.3 Flex-time

82. Employees working a Support working pattern and who are classified up to and including Band 8 will have access to Flex-time provisions consistent with this sub-clause.

83. Flex-time may be accrued during the bandwidth of 0600 to 2000 Monday to Friday.

84. A flex credit is the accumulation of time worked in addition to an employee's regular hours in the 3 month averaging period. A Team Leader can direct an employee not to work hours in addition to their specified regular hours where there is insufficient work.

85. A flex credit of up to 16 hours in an averaging period is an acceptable credit for full-time employees and can be carried over indefinitely.

86. A flex debit of up to 16 hours of a full-time employee is an acceptable debit and can be carried over indefinitely.

87. Where the Team Leader agrees it is not possible for an employee to use flex credits before ceasing employment, credits up to the maximum carryover amount will be paid to the employee based on their base rate of pay.

88. Any flex debits an employee has when they cease employment will be recovered from any termination payment owing to the employee.

89. Flex leave is where an employee works less than their regular hours on any day. Prior approval is required for any flex leave.

90. Where a Team Leader has, within the previous six months, warned or counseled an employee about the inappropriate use of Flex-time the Team Leader can direct the employee to work regular hours without access to Flex-time for a specified period of time.

20.1.4 Recalled to Duty

91. This sub-clause applies to employees working a Support working pattern whose role is classified up to and including Band 8.

92. Where an employee is recalled to duty for operational reasons and is not in receipt of an on-call allowance, or required to work on a scheduled day off, double time hours will count towards their maximum required hours as determined by their actual working pattern, equal to the greater amount of:

the actual hours worked (x2); or
A total of five (5) hours.

93. Where an employee is in receipt of an on-call allowance and is recalled to duty for operational reasons, any time worked during such recall plus 30 minutes travelling time each way to and from work will count as double time hours towards their total hours worked over the three calendar month averaging period.

20.2 Operations

94. Employees working an Operations working pattern are required to work flexibly in patterns determined by the relevant Team Leader in consultation with team members.

95. All hours worked within the Operations working pattern must be approved working hours.

20.2.1 Standard Working Pattern

96. Employees working Operations working pattern will work 520 hours (average of 40 hours per week) over a three calendar month averaging period.

20.2.2 High Volume Working Pattern

97. Employees working an Operations working pattern in an identified high volume area (as outlined in attachment C) will work 520 hours plus 91 additional hours (average of 47 hours per week) over a three calendar month averaging period.

98. Note to sub-clause above:

If the 611 hours have not been exhausted by the end of the three calendar month averaging period, all the hours will be deemed to have been worked and therefore reconciled.
The reasonable additional hours required to be worked for the three calendar month averaging period will be reduced by 1 hour and 24 minutes for every working day an employee is on leave or on an approved training course.

20.2.3 Flexibility Descriptor

99. There are neither core hours nor a bandwidth for Operations working patterns. However, where an employee undertakes routine operational work or administrative tasks as part of their normal duties, this should be performed within the hours of 0600 to 2000 Monday to Friday. It is expected that working hours will only be required to be worked outside of normal hours for operational reasons.

100. For the purposes of this sub-clause, operational reasons refers to duties performed by the employee, which are directly related to time critical or contingent operational outcomes, as detailed below:

an urgent investigative enquiry;
enquiries for an ongoing investigation;
electronic and physical surveillance;
incidents affecting national security;
records of interview and arrest;
obtaining and completing urgent witness and police statements;
preparation and execution of warrants;
attending court;
completion of an outstanding brief of evidence to meet the judicial timetable;
rostered response situations where flexible rostered duty is required to meet the AFP's contingent operational responsibilities;
covert operational requirements
Close Personal Protection operational requirements; and
ASO operational requirements.

20.2.4 Safety Net Provisions

Employees will not be required to work in excess of:
1. 16 continuous hours over any 24-hour period;
2. 60 hours over any 7-day period; and
3. 200 hours over any 28-day period where a working pattern in accordance with sub-clause 20.2.1 is assigned or 220 hours over any 28-day period where a working pattern in accordance with sub-clause 20.2.2 is assigned.
Hourly limits in sub-clause 20.2.4 (a), (b) and (c) will only be exceeded in an emergency or where operational continuity is essential. Where hourly limits are exceeded an employee will be paid the overtime rate for every hour in excess of the relevant limit. These hours will not count towards total hours worked. Where an employee requests, and by agreement with a Team Leader, double time hours may count towards the total hours in the three calendar month averaging period in lieu of payment.
Subject to sub-clause 20.2.8, employees working a standard working pattern, will not be required to work more than 520 hours or, in the case of employees working a high volume working pattern, will not be required to work more than 611 hours over a three calendar month averaging period.
Subject to clause 22, employees will receive a minimum rest break:
1. for any period of duty in excess of eight (8) hours duration but less than or equal to 16 hours durations, a mandatory minimum rest period of eleven hours will apply;
2. for any period of duty in excess of sixteen (16) hours duration, a mandatory minimum rest period of sixteen (16) hours will apply.
Where it is operationally necessary for an employee to return to work prior to the completion of the mandatory rest period and subject to clause 22, double time hours will count towards the total hours in the three calendar month averaging period until the mandatory rest period is taken.
Where it is necessary for an employee to attend duty for 10 consecutive days, they will be stood-down for a minimum period of two weekdays before being required to resume duty. Where this cannot occur due to an emergency or where operational continuity is essential, double time hours will count towards the total hours in the three calendar month averaging period until the minimum period of stand down occurs.
Employees will not be required to work more than an average of one (1) in two (2) weekends reconciled over the three calendar month averaging period.
Where an employee is required to work more than an average of one weekend in two, that employee shall be paid an additional base salary hourly penalty rate for each extra weekend day worked.
There should be no more than 7 night shifts in a 28 day period reconciled over the three calendar month quarter.
Unless agreed by the affected employee(s), there will be no requirement to work more than seven (7) eight (8) hour shifts in a row or three (3) twelve (12) hour shifts in a row.
Unless alternative arrangements are agreed by the affected employee(s), night shift will be worked as a block of no less than two 2 consecutive night shifts and no more than three (3) consecutive twelve (12) hour night shifts.
Adequate rest days will be provided between blocks of duty and will include unbroken weekends where possible.
Employees will not be required to work less than 8 hours for each normal or rostered occurrence unless an agreement exists between the employee and the Team Leader. This requirement does not relate to recalled to duty when on call or emergency duty.
Split shifts will only be worked by genuine agreement between employee and Team Leader.

20.2.5 Composite

101. Employees working Operations working patterns whose role is classified up to and including Band 8 will receive a base composite of 22% of their base salary. This composite is in recognition of the flexibility expected from an employee in their working patterns.

102. Employees working Operations working patterns in identified high volume areas whose role is classified up to and including Band 8 will receive an additional composite of 35% of their base salary. This composite is in recognition of the required additional hours.

103. The base composite of 22% will be deemed to count as salary for superannuation consistent with clause 53 of this Agreement.

20.2.6 Night Shift Premium

104. Employees whose role is classified up to and including Band 8 and working an Operations working pattern will be paid a night shift premium consistent with this sub-clause.

105. For the purpose of this sub-clause, night shift is deemed to be duty worked between 0000 and 0600 hours. Night shift premium payments will only be paid for hours worked during this period.

106. The night shift premium will be in the amount of $5.50 for each hour worked between 0000 and 0600 hours. The night shift premium will increase each year at a rate commensurate with the pay rises articulated in this Agreement.

20.2.7 Operations Recalled to Duty Provision

107. This sub-clause applies to employees working an Operations working pattern whose role is classified up to and including Band 8.

108. Where an employee is recalled to duty for operational reasons and has been given at least 12 hours notice and is not in receipt of an on-call allowance, any time worked during such a recall will count as single time hours towards their total hours worked over the three calendar month averaging period and will occur in accordance with clause 20.2.4(m).

109. Where an employee is recalled to duty for operational reasons and has not been given at least 12 hours notice and is not in receipt of an on-call allowance, any time worked during such a recall plus 30 minutes travelling time each way to and from work will count as double time hours towards their total hours worked over the three calendar month averaging period equal to the greater amount of:

the actual hours worked (x2); or
a total of five (5) hours.

110. Where an employee is in receipt of an on-call allowance and is recalled to duty for operational reasons, any time worked during such recall plus 30 minutes travelling time each way to and from work will count as double time hours towards their total hours worked over the three calendar month averaging period.

20.2.8 Emergency Extra Duty

111. Where the Team Leader identifies short peaks in workload of not more than one month and subject to approval of a SES employee or delegate, a Team Leader and employee may purchase reasonable additional hours for emergency extra duty to be paid at the overtime rate for each additional hour (or part thereof).

112. Emergency extra duty hours may be directed to be worked at any time and must be acquitted within the three calendar month averaging period for the Operations working pattern.

20.3 Rostered Operations

113. Employees working a Rostered Operations working pattern have their work normally organised around rostered or articulated working patterns. This working pattern can apply to any employee who is a "shift worker" and any other role as determined by the Commissioner in accordance with sub- clause 19.1.

114. A shift worker is defined as an employee who is rostered to perform ordinary hours of duty on a 24 hour, seven-day rostered arrangement including public Holidays for an ongoing or fixed period. This will normally involve an alternating pattern covering a minimum of two (2) different shift patterns.

115. An employee classified up to and including Band 8 who is directed to work in excess of their rostered hours will be paid consistent with the rostered overtime provision.

20.3.1 Roster Principles

116. The AFP will, where possible, aim to provide a flexible shift working environment, where required, to meet operational requirements and to accommodate employee preferences to achieve a healthy work-life balance.

117. Shift working arrangements may be varied to meet the operational needs of a particular workplace. Such changes will be developed in consultation with affected employees and, where they choose, their nominated representatives, including a registered industrial organisation.

118. Variations to shift working arrangements may also be implemented on an individual basis providing that the AFP and the individual enter into a genuine and free agreement in relation to working patterns.

119. The following provisions should be applied in the development of flexible shift work hours and/or new rostering arrangements:

employees will work an average of 40 hours per week to be reconciled over the roster period;
a period of normal duty should not exceed 12 hours within a 24- hour cycle. Shifts up to a maximum of twelve (12) hours and not less than eight (8) hours may be rostered to suit operational or employee requirements where the appropriate consultative mechanism provided for in this Agreement has been utilised;
unless agreed by the affected employee(s), there will be no requirement to work more than seven (7) eight (8) hour shifts in a row or three (3) twelve (12) hour shifts in a row;
unless alternative arrangements are agreed by the affected employee(s), night shift will be worked as a block of no less than two 2 consecutive night shifts and no more than three (3) consecutive twelve (12) hour night shifts;
employees will not be required to work more than an average of one (1) in two (2) weekends reconciled over the roster period;
where an employee is required to work more than an average of one (1) in two (2) weekends, that employee shall be paid an additional base salary hourly penalty rate for each extra weekend day worked within that roster period;
the start and finish times of shift workers may be staggered to meet operational requirements and/or the needs of employees;
employees will not work more than 16 hours in a 24-hour period (inclusive of overtime);
hourly limits will only be exceeded in an emergency or where operational continuity is essential. Where hourly limits are exceeded an employee will be paid the overtime rate for every hour in excess of the relevant limit. These hours will not count towards total hours worked. Where employees request and by agreement with a Team Leader, double time hours may count towards the total hours in the roster period in lieu of payment;
for any period of duty in excess of eight (8) hours duration but less than or equal to 16 hours durations and where not inconsistent with clause 22, a mandatory minimum rest period of eleven hours will apply.
for any period of duty in excess of sixteen (16) hours duration, a mandatory minimum rest period of sixteen (16) hours will apply where not inconsistent with clause 22;
where a mandatory rest period has been applied the employee will not have loss of hours or pay for ordinary working time occurring during the time off duty if that employee were rostered to attend normal duty;
where it is operationally necessary for an employee to return to work prior to the completion of the mandatory rest period and subject to clause 22, hours worked will be paid the overtime rate until the mandatory rest period is taken.
employees are to be provided with four (4) weeks notice of rosters, with rosters placed on the AFP website or placed in an obvious place in the employee's Station;
employees are to be individually advised of changes to shifts not later than five (5) days prior to the commencement of the changed period;
where employees are not advised of changes to shifts within the timeframes outlined above, employees will be paid the base salary hourly penalty rate for any hours worked outside the normal shift.
split shifts will only be worked by agreement between the employee and the Team Leader;
employees will be given a mix of day, afternoon and night shifts and will not be expected to work only one shift pattern during the roster cycle (i.e. nights only);
employees will not be disadvantaged in relation to their working hours where their working pattern is required to be broken to attend training courses, Court or other activities that cannot be catered for in the shift pattern; and
rostered Operations employees will be given rostered days off and mandatory recreation leave as full calendar days only.

120. No provision of this Agreement shall inhibit the development of an appropriate and best practice roster if such roster has been implemented in accordance with the provisions above.

20.3.2 Composite

121. Employees working Rostered Operations working patterns whose role is classified up to and including Band 8 will receive a base composite of 22% of their normal base salary. This composite is in recognition of the rostered shift work environment.

122. The base composite of 22% will be deemed to count as salary for superannuation consistent with clause 53 of this Agreement.

20.3.3 Overtime

123. Employees classified up to and including Band 8 and working a Rostered Operations working pattern will have access to Overtime provisions consistent with this sub-clause.

124. Where an employee is directed to work reasonable additional hours in excess of their rostered shift hours they will be paid the overtime rate.

125. Where approved, employees may elect to take time off in lieu of salary payment at a rate of two hours for each overtime hour worked. This time can be banked to a maximum of 40 hours and taken off in consultation with the Team Leader. All efforts will be made by the relevant Team Leader to allow the team member to take time in lieu off within a reasonable time, 56 days unless otherwise mutually agreed by the employee and Team Leader, a written record of this Agreement should be entered in to by both parties in such cases where the time in lieu will not be acquitted within 56 days.

126. All overtime hours worked in excess of the rostered hours must be approved in writing, where practicable, prior to those hours being worked. Where written approval is not provided prior to the hours being worked, subsequent written approval must be obtained within the next rostered shift of the overtime being completed.

20.3.4 Night Shift Premium

127. Employees whose role is classified up to and including Band 8 and working a Rostered Operations working pattern will be paid a Night Shift Premium consistent with this sub-clause. Employees in receipt of overtime are not eligible for Night Shift Premium.

128. For the purpose of this sub-clause, night shift is deemed to be normal, rostered duty worked between 0000 and 0600 hours. Night shift premium payments will only be paid for hours worked during this period.

129. The night shift premium will be in the amount of $5.50 for each rostered hour worked between 0000 and 0600 hours. The night shift premium will increase each year at a rate commensurate with the pay rises articulated in this Agreement.

20.3.5 Recalled to Duty

130. This sub-clause applies to employees working a Rostered Operations working pattern whose role is classified up to and including Band 8.

131. Where an employee is recalled to duty for operational reasons and is not in receipt of an on-call allowance, or required to work on a scheduled day off, overtime rate will be paid, equal to the greater amount of:

the actual hours worked (x2); or
a total of five (5) hours.

132. Where an employee is receipt of an on-call allowance and is recalled to duty for operational reasons, any time worked during such recall plus 30 minutes travelling time each way to and from work, the overtime rate will be paid.

21. Working Patterns and Public Holidays

133. This clause applies to employees classified up to and including Band 8 only.

134. Where an employee does not work on a Public Holiday where, if not for the public holiday they would normally have worked, they shall be paid base salary plus composite for the day and the standard hours for that day credited to the hours worked for that period.

135. If an employee working a Rostered Operations working pattern is rostered off duty on a Public Holiday, they will be paid an additional one day's pay at the base salary hourly penalty rate.

136. If an employee is rostered on duty or is required to perform duty on a day treated as a public holiday and their working pattern is:

Operations or Support, then double time hours will count towards their total hours over the relevant averaging period.
Rostered Operations, then will be paid an additional base salary hourly penalty rate for the hours worked.

General Allowances

22. Rapid Response

137. Where the Commissioner determines that a major unforseen and urgent operation has arisen and an employee or group of employees is given little or no notice of the required deployment, they will be paid a rapid response composite based on the following factors determined by the Commissioner.

Deployment factors

Period of Notice
> 2 days	0%
between 24 and 48 hours	5%
<24 hours	10%

Nature of the duties/working and living conditions
Routine	0%
High volume standard conditions	10%
High volume substandard conditions	15%
Extreme	20%

138. A rapid response composite will be paid for the lesser period of:

the duration of the initial deployment; or
4 weeks.

139. Where the initial deployment exceeds 4 weeks in duration, an employee may be temporarily assigned an Operations or Rostered Operations working pattern (regardless of their normal working pattern) for the remainder of the deployment period. The assignment of a temporary working pattern is dependent upon the workload commitments requirements for the successful completion of the deployment. Where this occurs, the employee will be paid in accordance with that working pattern.

140. The rapid response composite will be calculated on the employee's base salary and will be in addition to any existing composite payments. However, an employee in receipt of a rapid response allowance will not be eligible for payment under sub-clauses 20.2.4(d) and (e) and 20.3.1(j), (k), (l) and (m) attached to their normal working pattern. The rapid response composite will not count as salary for superannuation purposes.

23. On Call

141. Employees classified up to and including Band 8 may have access to an on call allowance consistent with this clause.

142. Where an employee is required and directed, prior to ceasing duty, to be contactable and available to return to duty the employee will be entitled to be paid an on-call allowance for each period of up to 24 hours (or part thereof) of:

$25 - Monday to Friday;
$35 - Saturday and Sunday;
$50 - Public Holidays.

143. Employees will normally have a maximum on-call period of 7 days in 28 days. Where an employee is required to work in excess of 7 days on call in a 28-day period, they will be paid the following on call allowance for the additional days:

$35 - Monday to Friday;
$50 - Saturday and Sunday;
$50 -Public Holidays.

144. An employee may refuse to be placed on call for a period in excess of 7 days in a 28-day period.

145. To be eligible to claim recall to duty, whilst directed or rostered to be on-call, an employee must demonstrate that:

they were required to perform work on behalf of the AFP; and
such work is recorded in the relevant time recording system; and
the minimum amount of time required of them in relation to the recall to duty was thirty (30) minutes.

24. Restricted Duty Premium

146. Employee classified up to and including Band 8 may have access to a restricted duty premium consistent with this clause.

147. Where an employee is required by a direction from a National Manager:

to remain in attendance at a place of duty outside of their normal working hours until recalled or required to perform duty; and
only has available basic accommodation and amenities for sleeping; and
the attendance is overnight.

148. A restricted duty premium of $100.00 will be paid for each complete 24-hour period involved in the deployment.

149. Where an employee is deployed in these circumstances, the time credited toward the hours worked by the employee will be a minimum of eight (8) hours or the actual time they are required to perform duty (whichever is the greater) for each 24-hour period they are on deployment.

150. Restricted duty is characterised by no choice over such issues as personal comfort, diet and access to entertainment.

151. Where an employee receives another form of compensation provided elsewhere in this Agreement for such deployment, they will not be entitled to receive this premium.

25. Static Duty

152. An employee performing guard duty that does not have access to hygienic toilet, hand-washing facilities, heating and shelter from extreme climatic conditions will be paid an allowance at the rate of $2.50 per hour or part thereof while performing those duties.

26. Deployment Costs

153. The AFP will meet reasonable costs arising from the relocation of an employee and their household as the result of merit based selection including an advertised expression of interest, or a management initiated transfer. Relocation expenses will not be met by the AFP for any relocation that has occurred at the employee's request or for mutual agreements between employees to swap locations.

27. Deployment Assistance Allowance (DAA)

154. A deployment assistance allowance (DAA) of up to 5% of base salary up to maximum of $5000 per annum (paid pro rata on a fortnightly basis in normal pay), calculated over a financial year, will be paid to classes of employees who are deployed to a high cost area, and/or where difficulties exist in attracting or retaining employees in an area, either of which are nominated by the Commissioner. In exceptional circumstances, the Commissioner may authorise a higher DAA.

155. DAA will not count as salary for superannuation.

28. ASO Flight Operations Allowance

156. Employees performing the role of an Air Security Officer who are rostered to undertake duties on board an aircraft as part of their core duties will receive a Flight Operations Allowance of $15000 per annum paid pro rata on a fortnightly basis in their regular pay.

157. The Flight Operations Allowance is payable to the employee in recognition of the operational environment and the time necessarily spent away from home base. The Flight Operations Allowance is only payable to employees whose ASO essential qualifications are current.

158. This allowance will not count as part of the employee's base salary or as salary for superannuation purposes and is not payable during long service leave or miscellaneous leave.

29. Employment Related Travel

159. The AFP will meet all approved costs associated with AFP employment related travel requirements.

29.1 Excess Travelling Time

160. An employee, who is required to undertake travel for work related reasons travelling away from their usual place of work within the general bandwidth of 0600 - 2000 Monday to Friday or within their normal rostered hours, will be deemed to be on duty for the period required to travel to and from the destination where they are required to work.

161. An employee up to and including Band 8, travelling away from their usual place of work outside the general bandwidth of 0600 - 2000 Monday to Friday or outside their normal rostered hours, will be paid single time for excess time necessarily spent in transit provided the time exceeds 30 minutes on any one day. Any excess travelling time paid under this sub-clause will not count as hours worked within the given averaging period. An employee may elect to take time off in lieu of payment of excess travelling time at single time rate.

162. Excess travelling time excludes overtime and any reasonable additional hours or emergency duty hours.

29.2 Rest periods after International Air Travel

29.2.1 Air Security Officers

163. Where the employee is required to perform duty on any flight, the following rest periods will apply:

for flights of more than 6 hours and up to and including 12 hours in duration a minimum 12-hour rest period;
for flight of a duration in excess of 12 hours and up to and including 24 hours in duration, a minimum 24-hour rest period;
for flights in excess of 24 hours in duration a minimum rest period of 48 hours.

164. For the purposes of this sub-clause operational duty flight will be inclusive of 3 hours prior to the scheduled departure time of the flight (sign on procedures) and 1 1/2; hours, unless otherwise rostered, following the actual arrival time of the flight (sign off procedures).

165. For the purposes of this sub-clause, the duration of a flight will include time spent in transit at an interim location en-route to the final destination of the operational flight on which the employee is rostered to perform duty.

29.2.2 All Other Employees

166. An employee must be provided with a minimum period of 12 hours rest after the completion of flights involving international travel, where their flight time exceeds 10 hours, prior to commencing their next duty.

167. An employee must be provided with a minimum period of 24 hours rest after the completion of flights involving international travel, where their flight time exceeds 18 hours, prior to commencing their next duty.

168. If the employee is directed to commence duty to prior to the minimum rest periods being met, they will be paid at double time rates for all hours of duty until the time that they are given their minimum rest periods.

169. Nothing in this sub-clause prevents an employee from commencing duty before the minimum rest period is completed, provided there is mutual agreement between the employee and their manager.

170. For the purposes of this section, the duration of a flight includes one hour prior to departure and one hour after arrival and any time spent in transit at an interim location en-route to the final destination.

29.3 Excess Travel Provision

171. Where an employee is required to stay away from their place of residence overnight for 20 nights or more for operational reasons in the three calendar month averaging period, they will be provided two paid stand down days to be taken within the next three calendar month averaging period.

172. For the purpose of this provision, operational reasons are those contained in sub-clause 20.2.3.1

Flexibility in the workplace

30. Part-time Work

173. Part-time work provides a flexible employment option for employees and a valuable mechanism for matching employee personal commitments with the operational and workload commitments of the AFP. Subject to the operational requirements of the organisation, part-time work is available to all AFP employees.

174. An employee who wishes to work part-time may negotiate the part-time arrangements with the Senior Executive AFP employee responsible for the area in which the employee is working.

175. All benefits referred to in this Agreement will be appropriately pro-rated for any employee entering into an approved part-time work arrangement.

176. Relevant composite allowances are payable on the new pro-rated base salary, provided the employee is able to work the patterns associated with the relevant composite.

31. Job Sharing

177. Subject to the operational requirements of the AFP and the merit of the employee's application, a Senior Executive employee may approve job sharing arrangements between two or more part-time employees.

32. Home-based Work

178. Subject to the operational, administrative, security and safety arrangements of the AFP, a Senior Executive employee may enter into a home-based working arrangement with an employee.

Workforce adjustment

33. Redeployment, Reduction or Redundancy

179. Where the Commissioner determines that one or more employees are excess to requirements, those employees who are excess will be subject to redeployment, reduction in classification or redundancy process.

180. An employee will be considered excess if:

they have been included in a class of AFP employees and there are more employees in the class than it is necessary for the efficient and economical working of the AFP;
the services of the employee cannot be effectively used because of technological or other changes in the methods, or changes in the nature, extent or organisation of the functions of the AFP; or
the duties usually performed by the employee are to be performed by the employee at a different locality and the employee is not able to perform duties at that locality and the Commissioner has determined that these provisions will apply to the employee.

181. Where the Commissioner becomes aware that an employee is likely to become potentially excess, the Commissioner will advise the employee in writing, as soon as practicable, of the situation. The advice will include the reasons for the Commissioner considering that an employee is likely to become excess. The Commissioner will consider any written response the affected employee may make.

182. For redeployment or reduction in classification under the terms of this Agreement, an employee will be moved to a suitable job at or below their substantive classification level.

183. Where an employee is moved to a job below their substantive classification level in accordance with this clause, they will maintain their previous salary.

184. For redundancy under the terms of this Agreement, the following payments are to apply:

2 weeks per completed year of service prior to 1 July 1990 and pro rata payment for each completed month of service since the last completed year; and
For eligible service post 1 July 1990;
1. Twelve weeks pay for up to and including 3 years service;
2. Eighteen weeks pay for service in excess of three years and up to six years;
3. Thirty six weeks pay for service in excess of six years and up to nine years; and
4. Fifty two weeks pay for service in excess of nine years.

185. Eligible service excludes any period of employment with the AFP between 1 July 1990 and 11 November 1999 unless the employee did not have an entitlement to AFPAS for that period.

186. The above payments do not include payments in lieu of notice.

187. The above payments do not include payments in the form of final monies for items including unused accrued recreation leave and unused accrued long service leave.

188. Redundancy payments will be limited to a maximum payment of 52 weeks.

33.1 Eligible Service for Redundancy Pay Purposes

189. For the purposes of calculating a redundancy entitlement, the following will apply:

eligible service will be calculated up to the date of redundancy;
for the purposes of calculating "eligible service", prior service or employment with any authority or body constituted by or under a law of the Commonwealth or of a Territory; the Australian Public Service or the Australian Defence Force will be aggregated with service or employment with the Commonwealth Police Force, Police Force of the Australian Capital Territory, the Narcotics Enforcement Branch of the Operations Division in the Department of Business and Consumer Affairs and the employee's current service or employment with the Australian Federal Police, if there was no break, or no break other than one attributable to leave of absence (whether with pay or without pay), from the prior service or employment and if the employee's prior service or employment was not terminated by reason of:
1. retrenchment;
2. retirement on the grounds of invalidity, inefficiency or loss of a necessary qualification;
3. forfeiture of office;
4. dismissal on disciplinary grounds; or
5. termination of a probationary appointment for reasons of unsatisfactory service or employment.

190. Absences during a period of eligible service or employment which do not count as service for employment for long service leave purposes do not count for the purposes of calculating the benefits specified above.

33.2 Rate of Payment

191. For the purposes of calculating any payment under the above sub-clause, "salary" includes:

full-time employee:
1. the employee's full-time base salary paid at the ordinary time rate;
part-time employee:
1. salary at the ordinary time rate paid on a pro rata basis where the employee has worked part-time hours during the period of service and the employee has less than 24 years full-time service;
for employees in receipt of Higher Duties Allowance;
1. the base salary rate on which salary and higher duties payments are made where the employee has been acting in a higher position for a continuous period of at least 12 months immediately preceding the date on which the employee is given notice of termination.

33.3 Period of Notice - Termination

192. Where an employee's employment is terminated, the period of notice will be:

four (4) weeks; or
in the case of an employee over 45 years of age with at least five (5) years continuous service - five (5) weeks.

33.4 Payment in Lieu of Notice

193. Where the Commissioner directs, or the employee requests, a termination date within the notice period, the employee's employment will terminate on that date.

194. The employee will be paid compensation instead of notice for the unexpired portion of the notice period.

195. The payments an employee would have received in respect of the ordinary time the employee would have worked during the period of notice, had the employment not been terminated, will be used in calculating any payment in lieu of notice.

33.5 Support During Notice Period

196. An employee will be entitled to reasonable time off with full pay during the notice period to attend to necessary employment interviews from the date the period of notice commences.

197. Where expenses to attend interviews are not met by the prospective employer the employee may be entitled to reasonable travel and incidental expenses incurred, at the discretion of the Commissioner.

34. Review of Decisions to Terminate Employment

198. The sole and exhaustive rights and remedies of an employee in relation to termination of employment are those that the employee has under:

Division 4 of Part 12 of the Workplace Relations Act 1996;
other Commonwealth laws (including the Constitution, the Australian Federal Police Act 1979 and the Administrative Decisions (Judicial Review) Act 1977); and
common law.

199. Termination of, or a decision to terminate employment, cannot be reviewed under the dispute avoidance and settlement procedures of this Agreement or under any procedures for internal review of employment action.

200. Nothing in this Agreement prevents the Commissioner from terminating the employment of an employee for serious misconduct, without further payment or payment in lieu.

Leave provisions

35. Standard Recreation Leave

201. Employees accrue 6 weeks (228 hours) recreation leave per annum on a monthly pro rata basis.

202. The employee's Team Leader may approve recreation leave subject to operational requirements and the employee's leave balance.

203. There is no minimum or maximum amount of recreation leave that may be approved.

204. A Team Leader will not unreasonably refuse or revoke an application for recreation leave.

205. Any periods of recreation leave count as service for all purposes.

206. The Commissioner may grant additional leave to an employee where normal Occupational Health and Safety relief is not routinely available.

35.1 Minimum Usage of Recreation Leave and Maximum Credit

207. To assist in balancing work and out of work requirements, employees are encouraged to take at least 228 hours recreation leave in each financial year.

208. Where an employee's accrued recreation leave entitlement reaches 304 hours, they may be directed to be on leave for a period of 76 hours. Where an employee is directed to be on leave, they will not be required to attend work for any reason.

35.2 Cash Out of Recreation Leave

209. Employees may cash out, on one occasion per financial year, up to 76 hours of their accrued leave balance.

210. The cash out of recreation leave will be made in 38-hour blocks and as a lump sum payment and calculated from the employees base salary rate. This payment will not count as salary for superannuation purposes.

35.3 Reduced Accrual of Recreation Leave

211. Employees may elect to reduce the accrual rate of recreation leave in return for a commensurate increase to their base salary.

212. Employees may only reduce their accrual by 38 hours or 76 hours per annum. Applications will only be approved for reductions of future recreation leave credits. To avoid doubt, applications to retrospectively reduce already accrued recreation leave credits will not be approved.

213. An employee's leave accrual cannot be less than 152 hours per employment year (or 190 hours per employment year for employees working the Rostered Operations working pattern).

214. The value of the prospective sale of recreation leave will count as salary for superannuation.

35.4 Purchased Recreation Leave

215. Any ongoing employee may nominate to purchase additional recreation leave in return for a pro rata adjustment to their fortnightly base salary, in accordance with the following parameters:

only one application may be made in a financial year;
additional leave may only be purchased in 38-hour blocks.

216. Any purchased leave balance must be used within 12 months of the purchased leave being credited and prior to other standard recreation leave being utilised;

an application to purchase leave will be submitted in writing and endorsed by the employees manager; and
only prospective purchased leave arrangements will be approved.

36. Mandatory Rest Days

217. Employees will be credited four (4) calendar mandatory rest days per annum.

218. One whole day will be credited quarterly on the first day of the month of July, October, January and April.

219. The mandatory rest day will be used during each quarter prior to the crediting of subsequent days and will be taken in accordance with arrangements made with the Team Leader. Unused mandatory rest days will not accrue.

220. Where an employee leaves the AFP and has not been able to take their current mandatory rest day, then it will be paid as part of their final entitlements. Any such payment cannot exceed one eight hour day.

37. Personal Leave

221. Employees will receive 136 hours and 48 minutes (18 seven hour 36 minute days) personal leave credits per annum credited to the employee on a monthly pro rata basis.

222. Personal leave will not be paid out on separation.

37.1 Approval

223. Personal leave may be granted to an employee in the following circumstances:

for personal illness, or injury, of the employee; or
to provide care or support to a member of the employee's immediate family, or a member of the employee's household, who requires care or support because of:
1. a personal illness, or injury, of the member; or
2. an unexpected emergency affecting the member.

37.2 Certification Requirement

224. Reasonable and legitimate requests for personal leave will be approved. However, a Team Leader may refuse personal leave or request satisfactory evidence to support a current or future application for personal leave, where there is cause to believe that the reasons for such absences, irrespective of their length, are not reasonable or legitimate.

225. Employees are required to provide satisfactory evidence to support an application for personal leave:

where the employee is absent for three or more consecutive occurrences; and/or
where they have been absent without satisfactory evidence for a total of five occurrences in a financial year.

37.3 Personal Illness on Recreation Leave or Long Service Leave

226. Employees who are medically unfit for duty for a minimum of one day while on recreation or long service leave and who produce a medical certificate may apply for personal leave. Recreation leave and long service leave will be re-credited to the extent of the period of personal leave granted.

37.4 Personal Leave without Pay

227. Personal leave without pay may be granted where paid personal leave entitlements have been exhausted. Such leave will count as service for all purposes.

37.5 Referrals for Medical Advice

228. Where an employee takes lengthy or regular periods of personal leave for the purpose of personal illness, and the Team Leader is concerned about the employee's ongoing fitness for duty, the Commissioner may direct an employee to be assessed by a suitably qualified and independent medical practitioner.

38. Compassionate Leave

229. An employee may be granted compassionate leave for the purposes of spending time with a person who is a member of the employee's immediate family or a member of the employee's household and:

has a personal illness, or injury, that poses a serious threat to his or her life; or
after the death of a member of the employee's immediate family or a member of the employee's household.

230. An employee is entitled to a period of 2 days of paid compassionate leave for each occasion. However, the employee is entitled to compassionate leave only if the employee provides satisfactory evidence of the illness, injury or death.

231. For the purpose of this clause, a day is deemed to be the hours the employee would normally have worked had they not taken the leave. This includes any pre-arranged reasonable additional hours or overtime.

39. Maternity Leave

232. Employees shall be entitled to Maternity Leave as contained in the Maternity Leave (Commonwealth Employees) Act 1973.

233. Where an employee would be eligible for a period of paid Maternity Leave under the Maternity Leave (Commonwealth Employees) Act 1973, the employee will be entitled to be paid for a further two weeks of the Maternity Leave period.

234. An employee may apply to spread the payment of paid Maternity Leave over a maximum period of 28 weeks by taking all or part of the leave at half normal salary. Any paid maternity leave beyond the first 14 weeks does not count as service for any purpose.

235. This administrative arrangement does not extend the total period of maternity leave available under the Maternity Leave (Commonwealth Employees) Act 1973.

40. Adoption Leave

236. An employee who is the primary carer will be entitled to six weeks paid Adoption Leave for the purposes of adopting a child. The adoptive child must not be a child or step-child of the employee or the employee's partner unless that child had not been in the custody and care of the employee or the employee's partner for a significant period.

237. In exceptional circumstances, the Commissioner may grant an additional eight weeks paid adoption leave.

41. Defence Reserve Service Leave

238. The Commissioner may grant an employee Defence Reserve leave, with or without pay, to enable the employee to undertake peacetime training and/or deployment with the Australian Defence Force.

239. An employee who is a member of the ADF Reserve may be granted paid Defence Reserve leave of up to 20 days each financial year. During the employee's first year of Defence Reserve service, a further 10 days' paid leave may be granted to allow the employee to participate in common induction training.

240. Periods of Defence Reserve leave without pay in excess of 6 months do not count as service for annual leave purposes. Leave granted for Defence Reserve purposes counts as service for all other purposes.

241. Defence Reserve leave entitlements can be accumulated and taken over a period of two years.

42. Miscellaneous Leave

242. The intention of miscellaneous leave is to provide flexibility for managers and employees by providing leave, with or without pay, for a variety of purposes. The Commissioner may grant Miscellaneous Leave, having regard to the operational needs of the AFP.

243. Leave may be granted:

for the period requested or for another period;
with or without pay; and
subject to conditions.

244. Where leave is refused the employee will be notified of the reason for the decision.

42.1 Miscellaneous Leave With Pay

245. Miscellaneous Leave with Pay may be granted for reasons including:

study leave, in accordance with the approved Study Leave program;
requirement to undertake jury service;
war service sick leave;
additional compassionate leave;
NAIDOC;
participation in State Emergency Service activities;
non-AFP employment or work in the interest of the AFP or law enforcement;
Paternity leave; and
Any other purpose deemed by the Commissioner.

246. There is no minimum or maximum period of Miscellaneous Leave that may be approved. However, the first seven (7) days of Miscellaneous Leave with Pay will be paid at the employee's normal rate of pay inclusive of the employee's normal composite payment.

247. The Commissioner will decide as to whether the payment of the employee's composite is appropriate for the remainder of the period of Miscellaneous Leave with Pay.

42.1.1 Miscellaneous Leave Without Pay

248. Miscellaneous Leave without Pay may be granted in the interests of the employee and operational needs acceptable to the AFP. For example:

personal and development training;
days of cultural or religious significance for employees;
accompanying a partner on posting;
non-AFP employment or work in the interest of the AFP or law enforcement;
parental leave;
participation in major national and/or international sporting events; and
for any other purposes where other types of paid leave have been exhausted.

249. Unless deemed otherwise by the Commissioner, Miscellaneous Leave without Pay will not count as service for any purpose.

43. Air Security Officer Additional Leave

250. An employee performing the role of an Air Security Officer can access a further 6 days paid leave per calendar year for sickness associated with upper respiratory tract infection or deep vein thrombosis.

251. The Commissioner may approve this leave subject to the production of a medical certificate identifying the existence of either of the medical conditions outlined in this clause.

252. This leave will not accrue and will not be paid out upon separation.

44. Continuation of Base Salary and Composites for Leave Purposes

253. All authorised paid leave, excluding Long Service Leave, provided for in this Agreement will be paid at the employees base salary and relevant composite allowance subject to sub-clause 42.1.1.

45. Public Service Holidays/Christmas Leave Stand-Down

254. The number of public holidays will not exceed thirteen (13) in a year. The AFP will treat the following days in any location as designated public holidays:

New Year's Day (or substitute day);
Australia Day (or substitute day);
Good Friday and the following Saturday;
Easter Monday;
Anzac Day;
Queen's Birthday Observance Day;
Labour Day or equivalent;
Christmas Day (or substitute day);
Boxing Day (or substitute day);
Public Service Christmas holiday; and
Up to two further local public holidays

255. Where a public holiday is substituted and an employee is rostered to work on the actual day, the employee may elect to have the actual day recognised as the public holiday. An employee may not have both the actual day and the substituted day deemed a public holiday.

45.1 Christmas/Easter Closedown

256. In addition to the public holidays listed above, the two normal working days between Christmas and New Year will be treated as public holidays and the Sunday within the Easter weekend.

45.2 Public Holiday during Recreation or Personal Leave

257. Where a public holiday occurs during any period of recreation leave or personal leave, the period of the public holiday will not be deducted from the employee's recreation or personal leave credit, nor is it to count towards the minimum usage requirements.

258. Where an employee performing duties in a rostered work environment is rostered to work on a Public Holiday and avails themselves of personal leave for that day, their personal leave balance will be reduced by one day for the absence on the Public Holiday.

Workplace relationships

46. Consultation

259. The AFP is committed to being an 'employer of choice' and provides a strong cooperative working relationship between the AFP management, employees and their employee representatives. Significant workplace changes will be pursued in consultation with the employees and, where they choose, their representatives.

260. Managers are encouraged to involve employees as early as is practicable in the consultative process. Where appropriate, managers may establish regular consultative meetings with employees and, where they choose, their representatives as part of this process.

261. While the use of a range of consultative arrangements is desirable, the approach taken in each instance should be reasonable and appropriate to the issues and circumstances.

47. Disputes Avoidance and Settlement Procedure

262. For the purpose of preventing and settling disputes arising from this Agreement, the dispute avoidance and settlement procedures specified below will be followed.

263. Wherever possible, disputes will be resolved between the relevant Team Leader and the employee.

264. For the purpose of this clause, party to a dispute means the AFP or an individual employee or a group of employees bound by this Agreement. A party to the dispute may appoint another person, organisation or association to accompany and/or represent them in relation to a dispute.

Step 1

265. If a workplace dispute occurs the employee(s) concerned (and, where they choose, their representatives) should raise the matter with the manager/supervisor. The manager/supervisor will have the responsibility and the authority to investigate and resolve the matter by reference to this Agreement and any other relevant information and will normally respond to the employees within 14 days.

Step 2

266. If the dispute is not resolved at the manager/supervisor level it may be referred to the senior manager or geographical officer manager. The manager will then have the responsibility and the authority to investigate and resolve the matter to the satisfaction of all parties. The relevant manager will normally respond to the employees within 14 days of receiving notice of the dispute;

Step 3

267. If the dispute is not able to be resolved it may be referred to the National Manager Human Resources for resolution.

Step 4

268. Where a dispute is not resolved after the processes undertaken in accordance with the internal dispute resolution process, a party to the dispute and, where they choose, their representative, may apply to the AIRC to conduct a further dispute resolution process in relation to the dispute.

269. The AIRC will dismiss the dispute and refrain from conducting a further dispute resolution process, if:

the application is in relation to a dispute which is not a dispute about the application, interpretation or implementation of this Agreement;
the application for further dispute resolution is frivolous or vexatious;
the earlier steps for settlement of the dispute referred to in this clause have not been followed by the affected party;
the step 1 dispute was formally notified to the delegate more than 12 months after the action happened, or did not happen and the AIRC is of the opinion that there is no acceptable explanation as to why the notification was not made within that period;
the affected employee has previously notified a dispute about the matter and that dispute was finalised;
the matter is the subject of proceedings or has already been settled as a result of proceedings, whether before a court or another body, under a law of the Commonwealth or of a State or Territory relating to the prevention of discrimination or to equal opportunity; or
the person who originated the dispute ceases to be an employee of the AFP.

270. The AIRC may conduct any or all of the following dispute resolution processes to assist the parties to the dispute to resolve that dispute:

conferencing;
mediation;
assisted negotiation;
neutral evaluation;
case appraisal (which may include recommending referral of the matter to another or an alternative process which is, in the view of the AIRC more appropriate);
conciliation; or
arbitration.

271. In conducting further dispute resolution, the AIRC may:

conduct the processes and undertake the actions referred to in this clause;
conduct a hearing;
take evidence on oath or affirmation;
summon to appear before the AIRC any party to the dispute, witnesses or persons whose presence the AIRC believes would assist in the resolution of the dispute;
compel the production of documents and/or materials that relate to the dispute;
give directions in relation to procedural matters arising in the dispute resolution process;
arbitrate and determine the dispute (including, where appropriate, in the absence of any party to the dispute or person who has been notified of the dispute or who has been summonsed to appear);
hold a ballot of affected employees where, in the opinion of the AIRC, such a ballot may assist in the resolution of the dispute;
have recorded and transcribed proceedings before the AIRC; and
subject to the limits set out in (a), (b) and (c), take such other actions to assist the parties to resolve a dispute as the parties to the dispute agree.

272. Any decision or direction the AIRC makes in relation to the dispute, including procedural directions, shall be accepted by all affected persons, and a decision made as a result of arbitration shall be accepted by the parties as settlement of the dispute and will be complied with, subject to either party exercising a right of appeal against the decision to a Full Bench.

273. In exercising its powers under this clause, the AIRC shall act according to equity, good conscience and the merits of the case, without regard to technicalities and legal form.

274. The AIRC shall apply the rules of natural justice and shall ensure the parties have a reasonable opportunity to be heard.

275. Notwithstanding the above, the parties may agree to submit the dispute to a body or person other than the AIRC. To avoid doubt, an attempt to reach such an agreement is not a condition precedent to referring the dispute to the AIRC. Where the parties agree to submit the dispute to another body or person, the parties agree that:

all of the above provisions apply;
references to the AlRC in the above provisions will be read as a reference to the agreed body or person; and
all obligations and requirements on the parties and other relevant persons in the above provisions shall be complied with.

276. Nothing contained in this procedure will prevent the AFP, employees or, where they choose, their representatives from entering into negotiations at any level if it seems likely to help resolve the problem. Where the employer, an employee or, where they choose, their representatives initiate a negotiation process, then they must advise the other parties involved in the dispute.

277. Nothing in this section will limit the powers of the Commissioner granted under the Australian Federal Police Act 1979, as amended.

Transnational arrangements

48. Protective Service Officer Salary Translation

278. Protective Service employees to whom the AFP Protective Service Officer Certified Agreement 2005 applied, as of the date of lodgement of this Agreement, will translate from the superseded Protective Service Classification Structure to the AFP classification structure as follows:

PSO Classification	PSO Pay Point	AFP Classification	Pay Point
Trainee PSO	2	Band 2	2.1
PSO 1	2.1	Band 2	2.2
	2.2		2.2
	2.3		2.3
	2.4		2.4
	2.5		2.5
PSO 2	3.1	Band 4	4.1
	3.2		4.1
	3.3		4.1
	3.4		4.1
SPSO	4.1	Band 5	5.1
	4.2		5.1
	4.3		5.1
	4.4		5.1

279. A Protective Service employee whom is a PSO 2 and translates to Band 4 pay point 1 or a Protective Service employee whom is a SPSO and translates to Band 5 pay point 1, for the purpose of sub-clause 13.2, the next increment date will be 12 months from date of lodgement of this agreement.

280. A Protective Service employee to whom the AFP Protective Service Officer Certified Agreement 2005 applied, who as of the date of lodgement of this Agreement possesses current qualifications and is required to perform the duties of a Bomb Appraisal Officer/Explosive Detection Dog Handler, will translate two additional pay points including movement across the barrier within the PSO 1 broadband if necessary.

281. A Protective Service employee to whom the AFP Protective Service Officer Certified Agreement 2005 applied, who as of the date of lodgement of this agreement is regularly required to perform the role of a regional trainer, will translate one additional pay point including movement across the barrier within the PSO 1 broadband if necessary.

282. A Protective Service employee to whom the above additional translation provisions apply can only access one of the two additional translation clauses.

49. PSO Location Based Allowances

283. Where a PSO employee was in receipt of any of the following allowances consistent with the provision in the superseded AFP Protective Service Officer Certified Agreement 2005:

Isolated establishment allowance;
District allowance; and
ANSTO allowance.

284. They will receive Deployment Assistance Allowance as provided in clause 27 of this agreement consistent with the following annualised allowance rates:

Location employee is stationed	With Dependents (Per annum)	Without Dependents (Per annum)
Exmouth	6850	4650
Darwin airport	6600	4900
Alice Springs airport	6300	4600
Pine Gap	7300	5600
Cairns airport	3450	2700
ANSTO	2400	2400
Melbourne airport	1000	1000
Sydney airport	1000	1000
Brisbane airport	1000	1000
Adelaide airport	1000	1000
Gold Coast airport	1000	1000
Perth airport	1000	1000
Hobart airport	1000	1000
Canberra airport	1000	1000

285. Where a PSO employee was also entitled to Remote Locality Leave Fares consistent with the provision in the superseded AFP Protective Service Officer Certified Agreement 2005, they will receive an additional Deployment Assistance Allowance as provided in clause 27 of this agreement consistent with the following annualised allowance rates:

Location employee is stationed	With Dependents (Per annum)	Without Dependents (Per annum)
Exmouth	3800	1900
Darwin airport	6450	3225
Alice Springs airport	4600	2300
Pine Gap	4600	2300
Cairns airport	2000	1000

286. An employee will continue to receive Deployment Assistance Allowance as listed above for as long as the employee is stationed continuously in their relevant location.

50. Air Security Officer Salary Translation

287. Air Security Officers, as of the date of lodgement of this Agreement, will translate from the superseded Air Security Officer Salary Structure to the AFP classification structure as follows:

ASO Designation	ASO Salary (per annum)	AFP Classification	Pay Point
ASO	$48293	Band 4	4.1
	$51125		4.2
	$52436		4.3
SASO	$48293	Band 5	5.1
	$51152		5.1
	$52436		5.1

51. Composite Rolling Into Salary

288. The parties acknowledge that the 3% movement upwards in the AFP Salary Spine provided for in this Agreement is a direct transfer of 3% from all composite payments payable under the Australian Federal Police Certified Agreement 2003 - 2006 and not a reduction in the rate of compensation payable for flexible working arrangements, including penalty rates, under either the Australian Federal Police Certified Agreement 2003 - 2006, Australian Federal Police Protective Service Certified Agreement 2005 or this Agreement.

52. Commercial Composite Arrangements

289. Where an employee deemed as "commercial" under the previous AFP Certified Agreement 2003 - 2006 translates into the "support" working pattern and has a pre-existing agreement or arrangement in place to pre-purchase hours, that agreement or arrangement will continue until its expiry date. Where such an agreement or arrangement does not includ