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  • ATTACHMENT D

    Clauses that apply to non-ongoing and casual employees

    Clauses that apply to non-ongoing and casual employees

    Clause number

    Clause name

    Non-ongoing

    Casual

    1

    Name of the Agreement

    Yes

    Yes

    2

    Who does the Agreement cover?

    Yes

    Yes

    3

    When does the Agreement start and end?

    Yes

    Yes

    4

    Principles and values-based employment framework

    Yes

    Yes

    5

    Authority of the Commissioner

    Yes

    Yes

    6

    Consultation forum

    Yes

    Yes

    7

    Consultation

    Yes

    Yes

    8

    ATO policies and guidelines

    Yes

    Yes

    9

    Freedom of association and employee representation

    Yes

    Yes

    10

    Base rates of pay

    Yes

    Yes #

    11

    Salary increases

    Yes

    Yes

    12

    Salary advancement

    Yes

    No

    13

    EL2 employees’ remuneration

    Yes

    No

    14

    Junior rates of pay

    Yes

    Yes

    15

    Fortnightly payments

    Yes

    No

    16

    Salary on engagement

    Yes

    Yes

    17

    Salary on movement at level from another APS Agency

    No

    No

    18

    Salary on promotion

    No

    No

    19

    Salary on reduction to a lower classification

    No

    No

    20

    Salary packaging

    No *

    No

    21

    Superannuation

    Yes

    Yes

    22

    Recovery of debts to the ATO

    Yes

    Yes

    23

    Performance of higher duties and higher work value allowance

    Yes

    Yes

    24

    Workplace duties allowances

    Yes (4)

    Yes (4)

    25

    Community language allowance

    No

    No

    26

    Departmental Liaison Officer Allowance

    No

    No

    27

    Motor vehicle allowance

    Yes

    Yes

    28

    Relocation costs

    No

    No

    29

    Removal expenses

    No

    No

    30

    Temporary accommodation allowance

    No

    No

    31

    Loss or damage to clothing or personal effects

    Yes

    Yes

    32

    Other allowances

    Yes

    Yes

    33

    Salary barrier

    Yes

    No

    34

    Overtime

    Yes

    No #

    35

    Emergency duty

    Yes

    No

    36

    Restriction duty

    No

    No

    37

    Shiftwork

    Yes (5) *

    No

    38

    Travelling allowance

    Yes

    Yes

    39

    Air travel

    Yes

    Yes

    40

    Additional care costs

    Yes (6)

    No

    41

    Excess travel

    Yes

    Yes

    42

    Additional conditions for field work

    No

    No

    43

    Work / personal life balance

    No

    No

    44

    Hours of work

    Yes (7) *

    No #

    45

    Flextime

    No

    No

    46

    EL working patterns

    No

    No

    47

    Rostering

    No

    No

    48

    Regular part-time employment

    Yes (8)

    No

    49

    Job sharing

    Yes

    No

    50

    Working at home

    Yes

    No

    51

    Employee Assistance Scheme

    Yes

    No #

    52

    Public holidays

    Yes

    Yes (9)

    53

    Christmas closedown

    Yes

    Yes

    54

    General leave provisions

    Yes

    Yes (10)

    55

    Annual Leave

    Yes

    No

    56

    Purchased Leave scheme

    No

    No

    57

    Long Service Leave

    Yes

    Yes

    58

    Sabbatical Leave

    No

    No

    59

    Assistance with holiday care program costs

    Yes (11)

    No

    60

    Personal Leave

    No *

    No

    61

    Compassionate and Bereavement Leave

    Yes

    No

    62

    Defence Reservists Leave

    Yes

    No

    63

    War Service Sick Leave

    Yes

    No

    64

    Cultural, Ceremonial and NAIDOC Leave

    No *

    No

    65

    Leave in the interests of the Community

    Yes (12)

    No

    66

    Witness Leave

    Yes

    No

    67

    Miscellaneous Leave

    Yes

    No

    68

    Maternity and Maternal Leave

    No *

    No

    69

    Adoption and Foster Parent Leave

    Yes

    No

    70

    Other Parental Leave

    No *

    No

    71

    Returning to work after parental leave

    No

    No #

    72

    Assignment of duties

    Yes

    Yes

    73

    Advancement Programs

    No

    No

    74

    Permanent relocation of employees between offices

    No

    No

    75

    Excess employees

    No

    No

    76

    Preventing excess employee situations

    No

    No

    77

    Consultation with employees and their representatives

    No

    No

    78

    Determination of excess employee

    No

    No

    79

    Retention period

    No

    No

    80

    Benefits for excess employees

    No

    No

    81

    Voluntary redundancy benefit

    No

    No

    82

    Involuntary redundancy benefits

    No

    No

    83

    Salary for calculating benefits

    No

    No

    84

    Income maintenance period

    No

    No

    85

    Resignation

    Yes

    No

    86

    Termination of employment

    No

    No

    87

    Accommodation

    Yes

    Yes

    88

    Use of IT equipment

    Yes

    Yes

    89

    Automated employee monitoring

    Yes

    Yes

    90

    Performance Framework

    Yes

    No

    91

    Closing performance gaps

    Yes

    Yes

    92

    Managing underperformance

    No

    No

    93

    Capability development

    No *

    No

    94

    Continuing professional development

    No

    No

    95

    Reimbursement of professional membership fees

    No

    No

    96

    Reimbursement of annual licence or professional practicing certificate fees

    No

    No

    97

    Study Leave and assistance

    No

    No

    98

    Financial assistance for study

    No

    No

    99

    Professional allowance

    No

    No

    100

    Dispute settlement procedures

    Yes

    Yes

    101

    Individual Flexibility Arrangements

    Yes

    Yes

    102

    Cadets

    No

    No

    103

    Non-ongoing employees

    Yes

    No

    104

    Casual employees

    No

    Yes

    105

    Trainees

    No

    No

    106

    School based trainees

    No

    No

    107

    Supported wage scheme employees

    Yes

    Yes

    Attachment A

    Schedule 1 – Pay Rates (per annum)

    Yes

    Yes

    Attachment A

    Schedule 2 – ATO Junior rates percentages

    Yes

    Yes

    Attachment A

    Schedule 3 – ATO Trainee rates percentages

    No

    No

    Attachment A

    Schedule 4 – Workplace duties allowances, Departmental Liaison Officer and Community Language

    Yes

    Yes

    Attachment A

    Schedule 5 – Other allowances and reimbursements

    Yes

    Yes

    Attachment A

    Schedule 6 – Overtime and penalty rates

    Yes

    No

    Attachment A

    Schedule 7 – Supported Wage Scheme

    Yes

    Yes

    Attachment B

    Transitional arrangements for the life of the agreement – remote localities provisions

    No

    No

    Attachment B

    Transitional arrangements for the life of the agreement – public holidays

    Yes

    Yes

    Attachment C

    Conditions relating to service for redundancy benefit purposes

    No

    No

    Attachment D

    Clauses that apply to non-ongoing and casual employees

    Yes

    Yes

    Attachment E

    Definitions

    Yes

    Yes

    Notes

    # Specific clauses related to these conditions are contained within clause 104

    * Specific clauses related to these conditions are contained within clause 103

    (4) Clause 24 - Workplace duties allowance – Health and Safety Representative allowance only

    (5) Clause 37- Shiftwork (subject to clause 103.11)

    (6) Clause 40 - Non-ongoing employees will only be eligible for the reimbursement if they have completed 12 months of employment in the ATO

    (7) Clause 44 - Hours of work (subclauses 44.4, 44.7, 44.8, 44.14, 44.15, 44.16, 44.17 44.18 and 44.19 only)

    (8) Clause 48 - Regular part-time employment (excluding subclause 48.23 and 48.24)

    (9) Clause 52 - Public holidays (subclause 48.23 and 48.24)

    (10) Clause 54 - General leave provisions (subclauses 54.7 and 54.8 only)

    (11) Clause 59 - Non-ongoing employees will only be eligible for the payment if they have completed 12 months of employment in the ATO

    (12) Clause 65 - Leave in the interests of the Community (subclause 65.12 only)

      Last modified: 05 Mar 2020QC 53036