Reassignment of duties
Salary on reduction
- Where an employee is temporarily reassigned duties at a lower work classification level, the employee will be paid at a level nominated by the Secretary, having regard to the experience, qualifications and skills of the employee. Where applicable, such a determination will specify the period for which the adjusted level will apply. This clause does not apply to decisions made by the Secretary in relation to breaches of the Code of Conduct or underperformance.
Higher duties allowance recommendation
- To be recommended for payment of HDA, an employee must have at least achieved a satisfactory performance standard in the employee’s substantive position or above, under the most recent PDS assessment (i.e. the mid- or end-of-cycle review), or where the manager otherwise certifies that the employee should fill the position, including for developmental purposes.
- Research Scientists and Legal Officers must have performed at greater than a satisfactory standard.
Period of HDA attracting payment
- Where an employee performs higher duties for a continuous period of more than five working days, HDA is payable from the first day of the period of acting.
- For the purpose of clause 233, ‘continuous’ means periods of higher duties unbroken by working days at or above a particular classification level.
Level of payment
- Where an employee is to be paid HDA, the employee will be paid at the increment point determined by the Secretary, recognising that there is an opportunity for the employee to be paid above the minimum increment point within the salary range of the higher position. The increment point attained through salary advancement in previous periods of HDA at that classification level will be at least maintained.
Payment for partial performance
- Where the full duties of the position are not being undertaken, the employee and the Secretary may agree to payment at a point in a classification below that of the higher duties position.
Public holidays or leave
- An employee on HDA who is granted paid leave or who observes a public holiday will continue to receive HDA payment, having regard to the provisions of this section, during the employee’s absence. HDA will not be paid beyond the date on which the employee would have ceased the period of acting had the employee 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.
Further information on temporary reassignment of duties and HDA is available in the Temporary Reassignment of Duties (Higher Duties and Temporary Transfer) policy.
Right of review
- The sole and exhaustive rights and remedies of an employee in relation to termination of employment are those that the employee has under:
- Parts 3-1 and 3-2 of the FW Act,
- other Commonwealth laws, and
- common law.
- Termination of, or a decision to terminate, employment cannot be reviewed under the review of actions framework or dispute resolution procedure outlined in this Agreement.
- Nothing in the Agreement prevents the Secretary from terminating the employment of an employee for serious misconduct, without further notice or payment in lieu, in accordance with the FW Act subject to compliance with the procedures established by the Secretary for determining whether an employee has breached the Code of Conduct under section 13 of the PS Act.
Separation from the Australian Public Service
- Where an employee resigns on a public holiday, they will be deemed to have resigned on the last working day prior to the public holiday.
Death of an employee
- Where an employee dies whilst in employment, or the Secretary has directed that an employee 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 employee 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.