69. Reassignment of duties69.1 Having regard to individual circumstances, the Secretary may reassign a Staff member to other duties, including duties at a higher or lower classification, providing such duties are:
- within the limits of the Staff member’s training, skill and capability;
- consistent with the Classification Rules 2000; and
- not designed to promote de-skilling.
Salary on reduction69.2 Where a Staff member is temporarily reassigned duties at a lower work classification level, the Secretary may determine in writing, with agreement in writing from the Staff member, that the Staff member shall be paid a rate of salary applicable to the lower classification level. Such determination will specify the period for which the lower salary will apply.
69.3 This clause does not apply to decisions made by the Secretary in relation to breaches of the Code of Conduct or underperformance.
70. Temporary vacancy considerations
70.1 The Manager will consider whether:
- it is essential that the duties of the position be performed for the period of the vacancy;
- it is reasonable for other Staff to share the duties of the position for the period of the vacancy, provided the duties are within the training, skill and competence of Staff;
- there are delegations or statutory powers held by the position that cannot reasonably be exercised by another Staff member who holds those powers; and
- the position is involved in public contact and has to be Staffed to comply with client service standards.
Higher duties allowance recommendation70.2 To be recommended for payment of HDA, a Staff member must have been rated at the second from the top of the four point PDS rating scale (or better) in the Staff member’s substantive position or above, under the most recent PDS assessment (ie. the mid or end of cycle review), or where the Manager otherwise certifies that the Staff member should fill the position, including for developmental purposes.
70.3 Research Scientists and Legal Officers must have been rated at ‘Fully Effective’ or better using the five point rating scale as outlined in Part C.
Period of HDA attracting payment70.4 Where a Staff member is performing higher duties for a continuous period of more than five working days, HDA is payable from the first day of the period of acting.
70.5 For the purpose of clause 70.4, ‘continuous’ means periods of higher duties unbroken by working days at or above a particular classification level.
70.6 Unless all members of the relevant team agree, Managers will not divide periods of HDA into periods of less than six working days.
Top of page
Level of payment70.7 Where a Staff member is to be paid HDA, the Staff member will be paid at the pay point nominated by their Manager, in consultation with the relevant Staff member, and recognising that there is an opportunity for the Staff member to be paid above the minimum pay point within the salary range of the higher position.
70.8 The pay point attained through salary advancement in previous periods of HDA at that classification level will be at least maintained.
Payment for partial performance
70.9 Where the full duties of the position are not being undertaken the Staff member and the Secretary may agree to payment at a point in a classification below that of the higher duties position.
HDA and Senior Executive Service (SES) positions70.11 Further information on remuneration for temporary assignment of duties at a SES level is available in the department’s SES Remuneration Policy.
Staff on HDA for 12 months or more70.12 Where a Staff member has performed higher duties in an ongoing vacant position for a continuous period of 12 months or more, the relevant Branch Head will endeavour to nominally fill the position as soon as practicable.
Public holidays or leave70.13 A Staff member on HDA who is granted paid leave or who observes a public holiday will continue to receive HDA, payable having regard to the provisions of this section, during the Staff member’s absence. HDA will not be paid beyond the date on which the Staff member would have ceased the period of acting had he or she not been absent. Where the period of leave is paid at less than full pay, payment of HDA will be made on a pro-rata basis.
70.14 Further information on temporary reassignment of duties and HDA is available in the department’s Temporary Reassignment of Duties (higher duties and temporary transfer) Guideline.
71. Termination of employment
Grounds for termination of ongoing Staff71.1 Where the Secretary considers whether to terminate an ongoing Staff member’s employment in the department, the provisions of section 29 of the PS Act shall be applicable.
Procedures in the Agreement71.2 Where procedures outlined in this Agreement may lead to termination of employment on any of the allowable grounds under section 29 of the PS Act, those procedures must be followed before an ongoing Staff member’s employment may be terminated.
Right of review71.3 The sole and exhaustive rights and remedies of a Staff member in relation to termination of employment are those that the Staff member has under:
- Parts 3-1 and 3-2 of the Fair Work Act 2009;
- other Commonwealth laws; and
- common law.
71.5 Nothing in the Agreement prevents the Secretary from terminating the employment of a Staff member for serious misconduct, without further notice or payment in lieu, in accordance with the Fair Work Act 2009 subject to compliance with the procedures established by the Secretary for determining whether a Staff member has breached the Code of Conduct under section 13 of the PS Act.
Separation from the Australian Public Service71.6 Where a Staff member resigns on a public holiday, they will be deemed to have resigned on the last working day prior to the public holiday.
Death of a staff member71.7 Where a Staff member dies whilst in employment, or the Secretary has directed that a Staff member is presumed to have died on a particular date whilst in employment, the Secretary will, subject to legal requirements, authorise the payment of the amount to which the former Staff member would have been entitled had he or she ceased employment by resignation or retirement. Long service leave credits will be paid out in accordance with the Long Service Leave Act (Commonwealth Employees) 1976.
Top of page