FOI 2024 221 Documents released under the FOI Act.pdf

Official: Sensitive

First Name Surname
Address or email address

Dear First Name Surname
SES letter of offer - engagement as an ongoing employee
I am pleased to offer you an ongoing engagement with the Department of the Prime Minister and Cabinet (PM&C)
to the position of Role title Choose an item., Branch, Division, Group.
Your engagement is pursuant to section 22(2)(a) of the Public Service Act 1999 (Cth) and wil  take effect on date.
The effective date may be varied by agreement between the parties or may be delayed by PM&C if the conditions
of your engagement have not been met prior to the effective date.
As an SES leader in PM&C you are in a privileged position to be part of an outcomes driven organisation,
supporting Government to improve the lives of al  Australians. As a member of our senior leadership team we
expect you to role model a commitment to fostering a safe, respectful and inclusive culture, promoting the highest
levels of integrity, col aboration and innovation through your behaviours and actions.
Employment terms and conditions of engagement
Your employment terms, including salary and conditions of engagement are outlined in Schedule 1: Summary of
employment terms and conditions of engagement and wil  be governed by the accompanying individual
determination made under section 24(1) of the Public Service Act 1999 (Cth) (PM&C SES Determination 2024/XXX).
Your engagement and employment with PM&C is subject to these conditions. These conditions must be met to the
satisfaction of PM&C prior to the date of effect of your engagement or as otherwise specified.
This of er of engagement may be withdrawn by PM&C at any time prior to the date of effect in exceptional
circumstances or if any of the conditions are not met to the satisfaction of PM&C.
Conflict of interest obligations
As an SES leader you are required to provide an annual written declaration of your own and your immediate
family’s financial and other material private interests. The purpose of disclosure is to ensure that there is awareness
of, and appropriate mitigations in place, in respect to personal interests or relationships, which improperly
influence, or could be seen to improperly influence, SES employees in respect to their duties. The requirement to
disclose interests is provided under the APS Code of Conduct (section 13 of the Public Service Act 1999) and Section
29 of the Public Governance, Performance and Accountability Act 2013. Further information can be found in the
accompanying PM&C SES Determination 2024/XXX.
The SES Unit wil  provide you with the SES Declaration of Interests form for your completion within two weeks of
commencement with PM&C.
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Acceptance of offer
To accept this offer, please sign the acceptance of engagement below and send a copy to xxxxxxx@xxx.xxx.xx.
Please contact the SES Unit on 02 6271 XXXX or your hiring manager if you have questions. I look forward to
welcoming you to PM&C.
Yours sincerely

Melinda Bopping / Professor Glyn Davis AC
Chief People Officer / Secretary

Month 2024

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Acceptance of engagement as an ongoing employee
Name: First Name Surname
I accept the offer of engagement as an ongoing employee of PM&C under section 22(2)(a) of the Public
Service Act 1999 (Cth) on the terms and conditions set out in this letter (including the schedule and
Determination).
I acknowledge the terms and conditions of my employment are governed by:
•  The conditions of engagement outlined in my letter of offer,
•  PM&C SES Determination 2024/XXX or any subsequent determination, and
•  any other related legislation that applies to me.
I also acknowledge:
•  I understand my legal obligations to uphold and promote the APS Values and abide by the APS Code of
Conduct, including declaring any real or perceived conflicts of interest within two weeks of
commencement and at least annually (and as they arise).
•  If I do not start work on the effective date (or otherwise mututal y agreed date) then I wil  not be engaged.
•  I am required to satisfactorily complete a probationary period. My employment may be terminated prior
to or at the end of the probationary period where the standard of my conduct or performance does not
meet the requirements.
•  If I do not meet, cease to meet or become ineligible to meet the required conditions of my engagement,
my employment may be terminated.
I consent to PM&C contacting my current employer to obtain information relevant to the Integrity and
Performance Check (see schedule for details).

Signature of Employee ………………………………………………………………. . . . . . . . . Date /    /

Please note: Once your signed offer is returned, the SES Unit wil  begin processing your onboarding. This wil  be
facilitated through ServicePortal and you wil  be prompted via email to complete your new starter forms. Any delay in
returning your signed letter and your new starter forms through ServicePortal may impact on PM&C’s ability to
process your payrol  information and pay you in a timely manner. If you do not return al  of your paperwork prior to
the effective date, your commencement may be delayed or the of er revoked.
Personal information col ected by PM&C through the course of your onboarding process and in the course of your
employment wil  be treated in accordance with the provisions of the Privacy Act 1988 and the Australian Privacy
Principles made under that Act.
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Department of the Prime Minister and Cabinet
Public Service Act 1999
Determination under subsection 24(1)
PM&C SES Determination 2024/XXX

First name Surname
AGS No: XXX-XXXXX

I, Melinda Bopping, Chief People Of icer of the Department of the Prime Minister and
Cabinet, make the fol owing Determination under subsection 24(1) of the Public Service
Act 1999.

………………………………
…………………
signature

date

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Section 1 – Preliminary matters
Citation
1.  This Determination may be cited as PM&C SES Determination 2024/XXX.
Application, commencement and duration
2.  This Determination applies to NAME (the ‘SES leader’, ‘employee’ or ‘you’) while you are
employed by PM&C at the SES Band X classification.
3.  This Determination commences on DATE and wil  remain in force until (whichever occurs first):
a.  you cease to be employed by PM&C
b.  it is revoked by the Delegate
c.  it is superseded by another section 24(1) Determination
d.  your classification is reduced.
This Determination replaces in entirety any previous subsection 24(1) Determination in respect of
your employment.
Interaction with legislation, policies and HR delegations
4.  This Determination states the terms and conditions of employment of the employee covered by
this Determination, other than terms and conditions applying under relevant Commonwealth
laws.
5.  The terms of this Determination are intended to apply in a manner that does not derogate from
the NES. The NES wil  continue to apply to the extent that any terms of this Determination is
detrimental to the employee in any respect when compared with the NES.
6.  This Determination wil  be supported by policies and guidelines, as implemented and varied from
time to time.
7.  PM&C policies and guidelines apply to SES, however are not incorporated into and do not form
part of this Determination. To the extent that there is any inconsistency between policies and
guidelines and the terms of this Determination, the terms of this Determination wil  prevail.
8.  The Secretary may delegate to or authorise any person to perform any or al  of their powers or
functions under this Determination, including the power of delegation, and may do so subject to
conditions.
Work level standards
9.  The APS Work Level Standards describe the work at each of the SES classification levels,
consistent with the Public Service Classification Rules 2000, made in accordance with section 23 of
the PS Act.
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Section 2 –SES responsibilities
10.  SES leaders are expected to maintain the highest standards of behaviour and ethical standards
and uphold and promote the APS Code of Conduct and Values. Legislative and behavioural
responsibilities for SES leaders are specified, but not limited to, those set out below.
Integrity
11.  Procedural fairness is essential in building and maintaining trust in the APS. It requires fair and
impartial processes for employees affected by APS-wide or PM&C decisions.
12.  SES leaders are to give advice that is frank, honest, timely and based on the best available
evidence. SES leaders wil  not be disadvantaged or discriminated against because they have given
advice of this nature.
13.  SES leaders can, during their ordinary work hours, take time to:
a.  access an APS-wide ethics advisory service or another similar service; and
b.  attend PM&C mandated training about integrity.
Conflict of interest declarations
14.  SES leaders are required to declare in writing, at least annually, their own and their immediate
family's financial and other interests that could cause a real or apparent conflict of interest.
15.  Declarations need to be revised and resubmitted whenever there is a change in personal
circumstances and/or a change in work responsibilities that could involve a new real or apparent
conflict of interest.
The Work Health and Safety Act 2011 (WHS Act)
16.  PM&C values a safe, respectful and inclusive workplace free from physical and psychological
harm, harassment, discrimination and bul ying. Al  SES leaders have a responsibility to:
a.  promote and encourage open discussions on health and safety, including psychosocial safety,
and positive duty to prevent workplace sexual harassment, sex discrimination and victimisation
under the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act
2022 (Cth).
b.  involve workers through consultation on any change processes prior to decisions being made.
c.  ensure that physical and psychological health and safety is integrated into team planning and is
not overlooked due to competing priorities, budgetary constraints, or a lack of resources.
d.  know the physical and psychological hazards and risks associated with the work of their area,
and implement mitigation measures to eliminate or minimise these risks.
17.  SES leaders who make, or participate in making, decisions that affect the whole, or a substantial
part, of PM&C (as the Person Conducting a Business or Undertaking, PCBU) are an Officer for the
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purposes of the WHS Act. To fulfil their duty under the WHS Act, Of icers must exercise due
diligence to ensure PM&C complies with its work health and safety duties and obligations.
18.  Officers in PM&C can generally be regarded as:
a.  the Secretary
b.  Deputy Secretaries
c.  Division Heads
d.  Chief People Of icer.
19.  It is PM&C’s expectation that al  SES Leaders act in a way that is consistent with the obligations of
an Of icer under the WHS Act. These obligations include the personal, proactive duty to exercise
due diligence, which includes taking reasonable steps to:
a.  acquire and keep up-to-date knowledge of work health and safety matters
b.  understand PM&C’s operations and the associated hazards and risks
c.  ensure PM&C has resources and implements processes to:
i.  eliminate or minimise workplace health and safety risks
ii.  receive and consider information regarding incidents, hazards and risks and respond in a
timely way to that information
iii.  comply with its duties and obligations under the WHS Act
The Public Governance, Performance and Accountability Act 2013 (PGPA Act)
20.  The PGPA Act establishes rules for financial management, governance, performance and
accountability for the Commonwealth public sector. Of icials (al  employees) are required to
exercise their powers and perform their functions under the PGPA Act and rules in accordance
with certain standards of behaviour. The PGPA Act does this through imposing a set of general
duties on of icials:
a.  duty of care and diligence
b.  duty to act honestly, in good faith and for a proper purpose
c.  duty in relation to use of position
d.  duty in relation to use of information
e.  duty to disclose material personal interests.
To meet these duties, of icials need to consider and, where relevant, comply with:
a.  finance law, which includes the PGPA Act and rules and instruments made under the PGPA Act,
as well as Appropriation Acts, and
b.  the systems of risk management and internal control in PM&C, established by the Secretary
(including any delegations or authorisations).
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21.  Of icials who do not discharge their general duties can be subject to employment sanctions,
including termination of employment.
Security clearance
22.  SES leaders must hold and maintain a security clearance at the level required to perform their
role. If they do not hold, cease to hold, or become ineligible to hold the required security
clearance, the SES leaders employment with PM&C may be terminated pursuant to s 29(3)(b) of
the Public Service Act 1999 (PS Act).
Section 3 – SES performance
Performance expectations and behaviours
23.  SES leaders are required to actively and constructively participate in the PM&C SES Performance
Framework, including having an individual performance agreement in place.
24.  SES leaders are expected encompass behaviours consistent with the APS Values and the
Secretaries Charter of Leadership behaviours (DRIVE).
25.  SES performance is assessed against behaviours and outcomes. Excellence in delivering
outcomes wil  not be used to of set or minimise behavioural or conduct concerns.
26.  SES leaders are expected to actively seek ongoing development opportunities and invest in the
development of others to build high performance.
Section 4 - Professional development
Professional memberships
27.  SES leaders wil  have professional memberships and/or accreditation fees paid where the
Delegate determines they are an essential requirement of their role or it aligns with PM&C
priorities.
Studies assistance
28.  SES leaders may, subject to Delegate approval, access the fol owing to undertake accredited
study, in conjunction with work, relevant to PM&C and APS priorities:
a.  up to $7,000 per financial year for approved course fees, normally on a reimbursement basis;
and/or
b.  paid study leave of up to six hours per week during study periods.
29.  Aboriginal and Torres Strait Islander SES leaders may also:
a.  access up to an additional six hours paid study leave per week during study periods; and/or
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b.  have their fees covered for study to obtain pre-requisite qualifications for entry into a tertiary
institution to pursue a tertiary qualification.
Section 5 - Flexibility and hours of work
Hours of work
30.  Ordinary hours of work are 7 hours and 30 minutes per day (37.5 hours per week) for ful  time
SES leaders, or for SES leaders with a part-time work agreement the hours set out in the
agreement.
31.  SES leaders have high levels of responsibility and therefore are required to work reasonable
additional hours.
32.  SES leaders are responsible for discussing workload requirements, resourcing, flexibility and
working patterns in their teams to achieve organisational priorities and support individual and
team wellbeing. Where an SES leader is a direct supervisor of an Executive Level (EL) employee,
they must have these discussions, with each EL employee they supervise at least quarterly.
33.  Where agreement cannot be reached between an SES leader and their manager on a regular
pattern of hours, or where attendance is unsatisfactory, the Delegate may require an SES leader
to work standard hours. This does not reduce the entitlement to request flexible work under the
NES.
34.  SES leaders who are going to be absent or later than usual must advise their manager as soon as
practicable, ideal y within two hours of their usual starting time.
35.  Where the Delegate determines an SES leader’s absence from work is unauthorised, the absence
wil  be unpaid and wil  not count as service for any purpose, unless otherwise required by law.
Location of work
36.  The employee’s usual of ice location for work is identified in their letter of offer or other
engagement documentation. If no designated location is specified on engagement, the Delegate
may specify a usual location of work by advising the employee in writing.
37.  The Delegate and employee may agree to vary the location in which the SES leader performs
their work through an approved formal flexible work arrangement. Where a 100% remote work
arrangement is in place, the remote address wil  be their normal work location for public holiday
purposes.
Flexible working arrangements
38.  PM&C and SES leaders recognise:
a.  the importance of an appropriate balance between employees’ personal and working lives, and
the role flexible working arrangements can play in helping to achieve this balance;
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b.  access to flexible work can support strategies to improve diversity in employment and
leadership in the APS;
c.  access to flexible work supports APS capability, and can assist in attracting and retaining the
employees needed to deliver for the Australian community, including employees located at a
wider range of locations;
d.  that flexibility applies to all roles in PM&C, and dif erent types of flexible working arrangements
may be suitable for dif erent types of roles or circumstances; and
e.  requests for flexible working arrangements are to be considered on a case-by-case basis, with a
bias towards approving requests.
39.  Flexible working arrangements include, but are not limited to, changes in hours of work, changes
in patterns of work and changes in location of work.
Requesting formal flexible working arrangements
40.  The fol owing provisions do not diminish an SES leader’s entitlement under the NES.
41.  An SES leader may make a request for a formal flexible working arrangement. The request must:
a.  be in writing;
b.  set out details of the change sought (including the type of arrangement sought and the
proposed period the arrangement wil  operate for); and
c.  set out the reasons for the change, noting the reasons for the change may relate to the
circumstances set out at section 65(1A) of the FW Act.
42.  The Delegate must provide a written response to a request within 21 days of receiving the
request.
43.  The response must:
a.  state that the Delegate approves the request and provide the relevant detail in clause 45 or
b.  if fol owing discussion between the Delegate and the SES leader, the Delegate and the SES
leader agree to a change to the SES leader’s working arrangements that dif ers from that set
out in the request – set out the agreed change; or
c.  state that the Delegate refuses the request and include the fol owing matters:
i.  details of the reasons of refusal; and
ii.  set out the Delegate’s particular business grounds for refusing the request, explain how
those grounds apply to the request; and
iii.  either:
1.  set out the changes (other than the requested change) in the SES leader’s working
arrangements that would accommodate, to any extent, the SES leader’s
circumstances outlined in the request and that the agency would be wil ing to
make; or
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2.  state that there are no such changes; and
iv.  state that a decision to refuse the request, or failure to provide a written response within
21 days is subject to the dispute resolution procedures of this Determination, and if the SES
leader is an eligible SES leader under the FW Act, the dispute resolution procedures outlined
in section 65B and 65C of the FW Act.
44.  SES leaders returning from parental leave with care of a school age child or younger wil  have
requests for flexible work (including part-time work) approved unless the arrangements cannot
be accommodated under any operational circumstances.
45.  Where the Delegate approves the request this wil  form an arrangement between the Delegate
and the SES leader. Each arrangement must be in writing and set out:
a.  security and work health and safety requirements;
b.  a review date (subject to clause 49); and
c.  the cost of establishment (if any).
46.  The Delegate may refuse to approve the request only if:
a.  the Delegate has discussed the request with the SES leader; and
b.  the Delegate has genuinely tried to reach an agreement with the SES leader about making
changes to the SES leader’s working arrangements to accommodate the SES leader’s
circumstances (subject to any reasonable business grounds for refusal); and
c.  the Delegate and the SES leader have not reached such an agreement; and
d.  the Delegate has had regard to the consequences of the refusal for the SES leader; and
e.  the refusal is on reasonable business grounds.
47.  Reasonable business grounds include, but are not limited to:
a.  the new working arrangements requested would be too costly for PM&C;
b.  there is no capacity to change the working arrangements of other SES leaders to accommodate
the new working arrangements requested;
c.  it would be impractical to change the working arrangements of other SES leaders, or to recruit
new SES leaders, to accommodate the new working arrangements requested;
d.  the new working arrangements requested would be likely to result in a significant loss in
efficiency or productivity;
e.  the new working arrangements requested would be likely to have a significant negative impact
on customer service; and
f.  it would not be possible to accommodate the working arrangements without significant
changes to security requirements, or where work health and safety risks cannot be mitigated.
48.  For First Nations SES leaders, the Delegate must consider connection to country and cultural
obligation in responding to requests for altering the location of work.
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49.  Approved flexible working arrangements wil  be reviewed by the Delegate and the SES leader
after 12 months, or a shorter period if agreed by the employee. This is to ensure the ef ectiveness
of the arrangement.
Varying, pausing or terminating flexible working arrangements
50.  An SES leader may request to vary an approved flexible working arrangement in accordance with
clause 41. An SES leader may request to pause or terminate an approved flexible working
arrangement.
51.  The Delegate may vary, pause or terminate an approved flexible working arrangement on
reasonable business grounds, subject to clause 53.
52.  The Delegate must provide reasonable notice if varying, pausing or terminating a flexible working
arrangement without the agreement of the SES leader, having regard to the circumstances of the
SES leader. Exceptions to this requirement are urgent and critical operational circumstances or an
SES leader’s demonstrated and repeated failure to comply with the agreed arrangements.
53.  Prior to the Delegate varying, pausing or terminating the arrangement under clause 51 the
Delegate must have:
a.  discussed with the SES leader their intention to vary, pause or terminate the arrangement with
the SES leader;
b.  genuinely tried to reach an agreement with the SES leader about making changes to the SES
leader’s working arrangements to accommodate the SES leader’s circumstances (subject to any
reasonable business grounds for alteration);
c.  had regard to the consequences of the variation, pause or termination for the SES leader;
d.  ensured the variation, pause or termination is on reasonable business grounds; and
e.  informed the SES leader in writing of the variation, pause or termination to the approved
flexible working arrangement, including details set out in clause 43(c).
Part-time work
54.  Salary and allowances are calculated on a pro rata basis for SES leaders with a Delegate
approved part time work agreement, except for expense related allowances or reimbursements.
55.  Payment of salary during leave for an SES leader with a part-time work agreement wil  be for
their ordinary hours, except for long service leave which is calculated in accordance with the
LSL Act.
56.  If there is a need for regular or ongoing variations to the part-time working pattern, a revised
part-time work agreement is required.
57.  SES leaders with a part-time work agreement may revert to ful -time at the end of the agreed
period (noting agreements must be reviewed at least annually), or earlier if full-time work is
available and the Delegate agrees.
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58.  SES leaders engaged on a ful -time basis wil  not be compel ed to convert to part-time
employment.
59.  SES leaders engaged on a part-time basis wil  not be compel ed to convert to ful -time
employment.
Public Holidays
60.  SES leaders wil  not normal y be required to work on public holidays and wil  be paid for their
ordinary hours. SES leaders may refuse a request to work on a public holiday on reasonable
grounds.
61.  SES leaders are entitled to the fol owing holidays each year as observed at their normal work
location in accordance with the FW Act:
a.  1 January (New Year’s Day);
b.  26 January (Australia Day);
c.  Good Friday and the fol owing Monday;
d.  25 April (Anzac Day);
e.  the King’s birthday holiday (on the day on which it is celebrated in a State or Territory or a
region of a State or Territory);
f.  25 December (Christmas Day);
g.  26 December (Boxing Day); and
h.  any other day, or part day, declared or prescribed by or under a law of a State or Territory to
be observed generally within the State or Territory, or a region of the State or Territory, as a
public holiday, other than a day or part day, or a kind of day or part day, that is excluded by
the Fair Work Regulations 2009 from counting as a public holiday.
62.  If a public holiday falls on a Saturday or Sunday, and if under a State or Territory law, a day or
part day is substituted for one of the public holidays listed above, then the substituted day or part
day is the public holiday.
63.  An SES leader and their manager may agree on the substitution of a day or part day that would
otherwise be a public holiday, having regard to operational requirements.
64.  An SES leader and their manager may agree to substitute a cultural or religious day of
significance to the SES leader for any day that is a prescribed holiday. If the SES leader cannot
work on the prescribed holiday, the SES leader wil  be required to work make-up time at times to
be agreed. This substitution does not impact or reduce an SES leader’s entitlement to First
Nations Ceremonial Leave, NAIDOC Leave or Cultural Leave.
65.  Where an employee substitutes a public holiday for another day, they wil  not be paid penalty
rates for working their normal hours on the public holiday.
66.  Where a public holiday falls during a period when an employee is absent on leave (other than
annual, paid personal/carer’s or Defence service sick leave) there is no entitlement to receive
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payment as a public holiday. Payment for that day wil  be in accordance with the entitlement for
that form of leave (e.g. If on Long Service Leave on half pay, payment is at half pay.)
67.  If under a law of a State or Territory every Sunday is declared or prescribed by or under that law
to be a public holiday, there is no entitlement to receive payment as a public holiday if the
employee would have worked, or does perform work, on that day. In these circumstances,
payment wil  only be made at the public holiday rate if the SES leader performs work on that day,
and the Sunday would otherwise be a public holiday under clause 61(a-h).
68.  An employee, who is absent on a day or part day that is a public holiday in their normal work
location, is entitled to be paid for the part or ful  day absence as if that day or part day was not a
public holiday, except where that person would not normal y have worked on that day.
69.  Where a ful  time employee, including but not limited to employees on compressed hours, has a
regular planned day of  which would fal  on a public holiday, the manager may allow the
employee to change their planned day of  so that it does not fal  on a public holiday.
Christmas closedown
70.  Christmas closedown is the period from the end of the last working day before Christmas day to
the start of the first working day after New Year’s Day.
71.  SES leaders are not required to take leave and are not normally required to work during
Christmas closedown, and wil  continue to be paid for their ordinary hours during this period.
72.  In exceptional circumstances, SES leaders may be directed by the Delegate to work during
Christmas closedown.
Section 6 – Remuneration (salary and allowances)
Salary
73.  Your base salary is at the SES Band X Pay Point X of $xxx,xxx (gross) per annum, effective from
the commencement date of this Determination. This is based on a ful -time equivalent salary.
74.  SES leaders wil  be paid fortnightly in arrears by electronic funds transfer into a financial institution
account of the SES leader’s choice, based on their annual salary using the fol owing formula:
Fortnightly salary = 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝑠𝑠𝐴𝐴𝐴𝐴𝐴𝐴𝑠𝑠𝑠𝑠 𝑥𝑥 12
313
Note: This formula is designed to achieve a consistent fortnightly pay rate without significant variability year-to-year. It reflects that the
calendar year is not neatly divisible into 26 fortnightly periods. There are 313 fortnightly pay cycles within a 12 year period.
Annual remuneration adjustments
75.  The Secretary may determine annual remuneration adjustments for eligible SES leaders.
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Pay point advancement
76.  The Delegate wil  give consideration to pay point advancement for eligible SES leaders (i.e. within
the relevant SES classification band) annual y, general y fol owing the end of the annual
performance cycle. Pay point advancement is not automatic. Newly promoted SES wil  generally
remain on the same pay point for at least 12 months, unless exceptional circumstances are
demonstrated.
77.  In exceptional circumstances, the Delegate may increase SES salaries outside of the annual pay
point advancement process.
78.  The Secretary may reduce SES leaders’ annual salary or other remuneration if their performance
fal s below the expected standard.
Salary sacrifice
79.  SES leaders may sacrifice their salary for a range of non-cash benefits through agreed providers.
Superannuation
80.  PM&C wil  make compulsory employer superannuation contributions as required by applicable
legislation and fund requirements.
a.  Employer superannuation contributions wil  be paid on behalf of SES leaders during periods of
paid leave that count as service.
b.  PM&C wil  make employer superannuation contributions to any eligible superannuation fund,
provided that it accepts payment by fortnightly electronic funds transfer (EFT) using a file
generated by PM&C’s payrol  system.
Method for calculating super salary
81.  PM&C wil  provide an employer contribution of 15.4% of the employee’s Fortnightly Contribution
Salary (FCS) for employees in the Public Sector Superannuation Accumulation Plan (PSSap) and
employees in other accumulation superannuation funds.
82.  Employer contributions wil  not be reduced by any other contributions made through salary
sacrifice arrangements.
Payment during unpaid parental leave
83.  Employer contributions wil  be paid on periods of unpaid parental leave in accordance with the
requirements of the PSSap fund where the SES leader is a member of the PSSap, and up to a
maximum of 52 weeks where the employee is a member of an accumulation fund other than
PSSap.
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Overpayments
84.  An overpayment occurs if the Delegate (or PM&C) provides an SES leader with an amount of
money to which the SES leader was not entitled (including but not limited to salary, entitlements,
allowances, travel payment and/or other amount payable under this Determination).
85.  Where the Delegate considers that an overpayment has occurred, the Delegate wil  provide the
SES leader with notice in writing. The notice wil  provide details of the overpayment.
86.  If an SES leader disagrees that there has been an overpayment including the amount of the
overpayment, they wil  advise the Delegate in writing within 28 calendar days of receiving the
notice. In this event, no further action wil  be taken until the employee’s response has been
reviewed.
87.  If after considering the SES leader’s response (if any), the Delegate confirms that an overpayment
has occurred, the overpayment wil  be treated as a debt to the Commonwealth that must be
repaid to the agency in ful  by the SES leader.
88.  The Delegate and the SES leader wil  discuss a suitable recovery arrangement. A recovery
arrangement wil  take into account the nature and amount of the debt, the SES leader’s
circumstances and any potential hardship to the employee. The arrangement wil  be documented
in writing.
89.  PM&C and the SES leader may agree to make a deduction from the SES leader’s final monies
where there is an outstanding payment upon cessation of employment.
90.  Interest wil  not be charged on overpayments.
91.  Nothing in clauses 84 to 90 clauses prevents:
a.  PM&C from pursuing recovery of the debt in accordance with an Accountable Authority
Instruction issued under the PGPA Act;
b.  PM&C from pursuing recovery of the debt through other available legal avenues; or
c.  The SES leader or PM&C from seeking approval to waive the debt under the PGPA Act.
Car parking
92.  SES leaders are allocated a car park. Unless they formally decline, the FBT liability wil  be
recovered through a fortnightly post-tax salary deduction.
Higher duties allowance (HDA)
93.  Where an SES role needs to be fil ed for 2 or more working weeks (inclusive of public holidays),
HDA will be paid to any SES leader temporarily occupying a role at a classification level higher
than their substantive classification level.
94.  HDA wil  be equal to the dif erence between the SES leader’s current salary and the salary that
would be payable if they were promoted to the higher classification level, or a higher amount
determined by the Delegate.
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Relocation assistance
111.  Where an existing SES leader is required to relocate at the request of PM&C the SES leader may
be provided with financial relocation assistance.
112.  Where an SES leader is required to relocate on engagement with PM&C, the SES leader may be
provided with financial relocation assistance.
113.  Reasonable expenses associated with the relocation may include:
a.  the cost of transport of the SES leader, dependants and partner by the most economical
means;
b.  removal expenses, namely the reimbursement of reasonable incurred costs of the removal of
furniture and household ef ects of the SES leader, dependants and partner;
c.  the reimbursement of the cost of the insurance premium based on a reasonable replacement
value; and
d.  the reasonably incurred expenses in kennel ing and transport of pets, up to the amount
determined by the Delegate.
114.  Additional relocation assistance may be considered at the Delegate’s discretion.
Reimbursements
Loss or damage to clothing and/or personal effects
115.  The Delegate may approve reimbursement for loss or damage to clothing and/or personal
ef ects occurring in the course of an SES leader’s work.
Carer’s costs
116.  Where an SES leader is required to travel away from their normal work location, or are directed
to work outside their regular working pattern, the Delegate may approve reimbursement of
reasonable, unavoidable, additional costs associated with the care of family members or
dependants. The SES leader must advise their manager in advance that costs may be incurred,
unless it is impractical to do so.
Financial retirement advice
117.  SES leaders aged 54 years or older may receive a one-off reimbursement of up to $1000 (plus
GST) towards the cost of financial retirement advice.
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Section 7 - Leave
Notice and approval of leave
118.  SES leaders taking personal/carer’s leave, community service leave, compassionate leave or
parental leave are required to give notice to the Delegate as soon as practicable that they wil  be
using this leave.
119.  SES leaders are required to seek prior approval from the Delegate for annual leave, long service
leave, cultural, ceremonial and NAIDOC leave, purchased leave and miscellaneous leave, unless it
is impractical to do so. Delegate approval is subject to operational requirements, with
consideration given to individual circumstances.
120.  Leave must be entered into Aurion as soon as practicable.
Leave counting and not counting for service
121.  Unless otherwise stated in this Determination or required by law, al  leave with pay counts as
service for all purposes, and all leave without pay does not count as service for any purpose.
122.  Periods of leave that do not count as service do not break an SES leader’s continuous service.
Recall to duty or cancellation of leave
123.  SES leaders may have annual, purchased or miscellaneous leave cancelled, or be recalled to duty
from these leave types, where the Delegate determines there are exceptional or emergency
circumstances and it is reasonable to do so.
124.  The Delegate wil  approve reimbursement of any reasonable and/or unrecoverable costs incurred
as a result of an SES leader’s leave being cancelled or being recalled to work, in line with
supporting evidence.
Annual leave
125.  SES leaders wil  receive four weeks paid annual leave for each year of service (pro-rata for part-
time), accrued daily.
126.  SES leaders may take annual leave at half pay where they do not have an excess annual leave
balance (more than 40 days credit). In exceptional circumstances, the Delegate may determine
that an SES leader with an excess annual leave balance can take annual leave at half pay.
127.  SES leaders wil  receive payment for any untaken annual leave upon separation from the APS.
Excess annual leave
128.  An annual leave balance is excess if an SES leader has more than 40 days credit.
129.  Where SES leaders have excess annual leave, they must agree a plan with their manager to take
reasonable breaks from work and reduce the excess balance to 40 days or below.
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130.  If agreement cannot be reached, the Delegate may direct the SES leader to take one or more
periods of annual leave to reduce the balance to 40 days or below within the next 12 months. The
direction wil  be in writing and provide at least 30 calendar days’ notice.
Annual leave cash-out
131.  SES leaders may cash out some of their annual leave, provided they have taken at least 5 days
annual leave in the preceding 12 months and wil  have a balance of at least 4 weeks remaining.
132.  Each cashing out of a particular amount of annual leave must be by separate agreement in
writing between the Delegate and the SES leader.
133.  Payment wil  be the rate that would have been payable had the employee taken the annual leave.
Purchased leave
134.  SES leaders may purchase up to eight weeks additional leave (pro rata for part-time) for each 12-
month period, where they do not have an excess annual leave balance. Purchased leave must be
taken within 12 months of the initial date of purchase.
Personal/Carer's leave
135.  SES leaders are entitled to 18 days paid leave per annum (pro-rata for part-time SES leaders).
136.  SES leaders are entitled to take personal/carer’s leave at ful  pay, or half pay with Delegate
approval, where they are:
a.  ill or injured;
b.  attending appointments with a registered health practitioner;
c.  managing a chronic condition; and/or
d.  required to provide care or support for a family member (including a household member) or a
person they have caring responsibilities for because:
i.  of a personal il ness or injury affecting the person; or
ii.  of an unexpected emergency af ecting the other person.
137.  A person that an SES leader has caring responsibilities for may include a person who needs care
because they:
a.  have a medical condition, including when they are in hospital;
b.  have a mental il ness;
c.  have a disability;
d.  are frail or aged; and/or
e.  are a child, not limited to a child of the SES leader.
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138.  Where SES leaders have exhausted their paid personal/carer’s leave they are entitled to 2 days
unpaid carer’s leave each time a family member or household member needs care because of
il ness, injury or an unexpected emergency.
139.  In exceptional circumstances, the Delegate may grant additional half pay personal/carer’s leave to
SES leaders where they have used all of their personal/carer’s leave and provide supporting
evidence.
Evidence requirements
140.  Evidence, such as a medical certificate or statutory declaration, may be requested by the
Delegate, in the fol owing circumstances:
a.  personal/carer’s leave absence of more than 3 consecutive working days.
b.  for future personal/carer’s leave absences.
141.  A certificate from a registered health practitioner for the forward 12 months may be used as
evidence of a chronic condition for personal/carer’s leave.
Accrual
142.  Newly engaged ongoing APS SES leaders receive 18 days credit on their PM&C start date. After
12 months the leave wil  accrue progressively and is credited daily.
143.  Existing ongoing APS SES leaders moving to PM&C wil  accrue leave progressively and be
credited daily upon commencement.
144.  Non-ongoing SES leaders wil  be credited 18 days of paid personal/carer’s leave upon
commencement, pro-rated based on the employee’s initial contract period, capped at 18 days
(pro-rata for part-time).
145.  After the initial non-ongoing contract period or 12 months, whichever is shorter, or where the
non-ongoing SES leader has an existing entitlement to personal/carer’s leave, the leave wil
accrue progressively and be credited daily.
146.  Where SES leaders have more than 30 days that do not count as service in the preceding
12 months, their accrual of personal/carer’s leave wil  be reduced proportionately.
Transitional arrangements
147.  SES leaders who, immediately before the commencement of this Determination were:
a.  ongoing SES leaders at PM&C wil  transition from annual accrual of personal/carer’s leave to
daily accrual on their next APS anniversary occurring between 14 March 2024 and 13 March
2025.
b.  non-ongoing SES leaders at PM&C wil  be credited 18 days of paid personal/carer’s leave upon
commencement of this Determination, pro-rated based on the employee’s initial contract
period and any accrued leave already credited, capped at 18 days (pro-rata for part-time).
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APS Anniversary means the anniversary of the date the SES leader commenced in the APS.
148.  Where an SES leader:
a.  has a chronic condition or other ongoing il ness, or cares for someone with a chronic condition
or other ongoing il ness;
b.  is recovering from surgery;
c.  is pregnant; or
d.  is returning from parental leave or has a child commencing day care;
and, as result of the transition to daily accrual of personal/carer’s leave, does not have suf icient
credit to cover an absence for which they would otherwise have been able to take
personal/carer’s leave, the Delegate wil  advance the SES leader’s accrual up to the 12 month
anniversary where their leave would have otherwise been credited.
Leave portability and recognition of prior service
149.  Where an SES leader moves into PM&C from another APS agency where they were an ongoing
employee, the SES leader’s unused accrued annual leave and personal/carer’s leave wil  be
transferred, provided there is no break in continuity of service.
150.  Where an SES leader is engaged in PM&C immediately fol owing a period of employment in the
Parliamentary Services or the ACT Government Service, the SES leader’s unused accrued annual
leave and personal/carer’s leave wil  be recognised unless the SES leader received payment in lieu
of those entitlements on cessation of employment.
151.  Where an SES leader is engaged as an ongoing SES leader in PM&C, and immediately prior to
the engagement the person was employed as a non-ongoing APS SES leader (whether in the
agency or another), at the SES leader’s request, any unused accrued annual leave (excluding
accrued leave paid out on separation) and personal/carer’s leave wil  be recognised.
152.  Where an SES leader is engaged as a non-ongoing APS SES leader, and immediately prior to the
engagement the person was employed as a non-ongoing APS SES leader (whether in the agency
or another) at the SES leader’s request, any unused accrued annual leave (excluding accrued
leave paid out on separation of employment) and personal/carer’s leave wil  be recognised.
153.  Where an SES leader is engaged as an ongoing SES leader in PM&C, and immediately prior to
the engagement the person was employed by a Commonwealth Government employer (other
than in the Parliamentary Services which are covered in clause 150), the Delegate wil  recognise
any unused accrued personal/carer’s leave at the SES leader’s request. The Delegate wil  advise
the SES leader of their ability to make this request.
154.  Where an SES leader is engaged in PM&C, and immediately prior to the engagement the person
was employed in government service, the Delegate may recognise any unused accrued
personal/carer’s leave, provided there is not a break in continuity of service. For the purposes of
this clause, Government service is as defined in the LSL Act.
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155.  For the purposes of clauses 149 to 154, an SES leader with a break in service of less than
2 months is considered to have continuity of service.
Long service leave (LSL)
156.  An SES leader is eligible for long service leave in accordance with the LSL Act.
157.  The minimum period for which long service leave wil  be granted is 7 calendar days (whether
taken at ful  or half pay). Long service leave cannot be broken with other periods of leave, except
as otherwise provided by legislation or provided for in the re-crediting of leave clause at 229 of
this Determination.
Cultural, ceremonial and NAIDOC leave
NAIDOC leave
158.  SES leaders may access up to one day per calendar year, of paid leave, to participate in NAIDOC
week activities.
159.  NAIDOC leave can be taken in part days.
First Nations ceremonial leave
160.  First Nations SES leaders may access up to 6 days of paid leave over 2 calendar years to
participate in significant activities associated with their culture or to fulfil ceremonial obligations.
161.  The Delegate may approve additional leave for cultural or ceremonial purposes as miscel aneous
leave, with or without pay.
162.  First Nations ceremonial leave can be taken as part days.
163.  First Nations ceremonial leave is in addition to compassionate and bereavement leave.
Cultural leave
164.  The Delegate may grant up to 3 days of paid leave per calendar year for the purpose of
attending significant religious or cultural obligations associated with the SES leaders’ particular
faith or culture.
165.  The Delegate may approve additional leave for cultural purposes as miscellaneous leave, with or
without pay.
166.  Cultural leave can be taken as part days.
167.  For the avoidance of doubt, this leave does not cover cultural purposes or obligations which are
eligible for paid leave under clause 160.
Parental leave
168.  A primary caregiver, secondary caregiver and ML Act is defined in the definitions section.
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169.  An SES leader who is a primary caregiver or secondary caregiver is entitled to parental leave up
until 24 months from the date of the child’s birth or placement (parental leave period). For the
avoidance of doubt, this is inclusive of all legislated leave entitlements. The parental leave period
does not extend non-ongoing employment where the employment period remaining is less than
24 months. An SES leader is only eligible for parental leave with pay as either a primary caregiver
or a secondary caregiver for the particular parental leave period, and cannot switch roles for the
purpose of accessing additional paid leave.
170.  For the pregnant SES leader, the parental leave period starts on commencement of maternity
leave as per ML Act requirements, and ceases 24 months from the date of birth. Medical
certification requirements for the pregnant employee wil  be as required by the ML Act.
171.  Conditions in this Determination wil  continue to apply in circumstances where successor
legislation to the ML Act does not provide parental leave conditions included in this
Determination.
Payment during parental leave
172.  An SES leader is entitled to parental leave with pay as per clauses 174 and 175 below within the
parental leave period. Any further parental leave during the parental leave period is without pay.
Unused paid parental leave remaining at the end of the SES leader’s parental leave period wil
lapse. An SES leader may choose to use their accrued paid leave entitlements in accordance with
usage and eligibility requirements in this Determination during the parental leave period that
would otherwise be without pay.
173.  SES leaders newly engaged or who have moved to PM&C from another APS agency are eligible
for the paid parental leave in clauses 174 and 175 where such paid leave had not already been
provided by another APS or Commonwealth employer in the 24 months since the child’s date of
birth or placement. If the paid leave used by the SES leader with the previous Commonwealth or
APS employer is less than the limits specified in clauses 174 and 175 the balance is available to the
SES leader.
174.  An SES leader who is a primary caregiver is entitled to parental leave with pay during the parental
leave period to a maximum of 18 weeks as provided in Table 1 below.

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Half-pay option
178.  The payment of any paid parental leave may be spread over a maximum period of 36 weeks at
the rate of, no less than, half the normal rate of salary. Al  paid parental leave counts as service
for all purposes, where permitted by legislation.
Adoption, foster and permanent care order leave
179.  An SES leader who is a primary caregiver or secondary caregiver is entitled to parental leave in
accordance with this Determination for adoption or long-term foster care, provided that the
child:
a.  is under 16 as at the day (or expected day) of placement;
b.  has not lived continuously with the SES leader for a period of 6 months or more as at the day
(or expected day) of placement; and
c.  is not (otherwise than because of the adoption) a child of the SES leader or the SES leader’s
spouse or de facto partner.
180.  Documentary evidence of approval for adoption or enduring parental responsibilities under
formal fostering arrangements must be submitted when applying for parental leave for adoption
or long-term foster carer purposes.
181.  Eligibility for this leave extends to traditional adoption arrangements for Aboriginal and Torres
Strait Islander employees.
182.  SES leaders may take 2 days unpaid pre-adoption leave to attend interviews or examinations
required to obtain approval to adopt a child, where their paid leave credits are insuf icient.
Stillbirth
183.  Parents of a stil born child remain eligible for parental leave, except for paid leave for the
secondary caregiver which is 2 weeks.
184.  A stillborn child is a child:
a.  who weighs at least 400 grams at delivery or whose period of gestation was 20 weeks or more;
b.  who has not breathed since delivery; and
c.  whose heart has not beaten since delivery.
Pregnancy loss leave
185.  A pregnant SES leader who experiences, or an SES leader whose partner experiences, pregnancy
loss is entitled to one weeks’ paid leave. Pregnancy loss is a miscarriage or other loss of
pregnancy that occurs between 12 and 20 weeks’ gestation that is not a stil birth.
186.  Pregnancy loss leave is in addition to entitlements to compassionate leave for miscarriage
provided under the FW Act and this Determination.
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Premature birth leave
187.  In circumstances of a live birth before 37 weeks’ gestation a pregnant SES leader, or an SES
leader whose partner has given birth prematurely, is entitled to paid premature birth leave from
the date of the child’s birth up to just before 37 weeks’ gestation. Parental leave with pay is then
available from what would have been 37 weeks’ gestation in accordance with parental leave in
this Determination, noting the parental leave period commences on the child’s date of birth.
Transitional provisions
188.  SES leaders eligible for paid leave under the ML Act are required under legislation to use their
paid maternity leave first. In this circumstance, the SES leader may postpone their paid premature
birth leave otherwise payable under clause 187 until after the legislated paid maternity leave is
used.
Return from parental leave
189.  SES leaders are entitled to return to their pre-parental leave position after a period of parental
leave. Where this position no longer exists, they wil  return to a position at their substantive
classification for which they are qualified and suited.
Compassionate leave
190.  SES leaders wil  be eligible for 3 days paid compassionate leave on each occasion when:
a.  a member of their family (including a member of their household) or someone they have a
close personal relationship with contracts, develops or sustains a life-threatening il ness or
injury; or
b.  the SES leader or their partner has a miscarriage.
191.  An SES leader may be asked to provide evidence to support their absences on compassionate
leave.
192.  Compassionate leave for an occasion may be taken as 3 consecutive days or in separate periods
total ing 3 days. This can include part days.
Bereavement leave
193.  SES leaders wil  be eligible for 3 days paid bereavement leave on each occasion when:
a.  a member of their family, household or someone they had a close personal relationship with
dies; or
b.  a child is stil born, where the child was a member of their family (including member of their
household).
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194.  An SES leader may be asked to provide evidence to support their absences on bereavement
leave.
195.  Bereavement leave for an occasion may be taken as 3 consecutive days or in separate periods
total ing 3 days. This can include part days.
Emergency response leave
196.  In line with section 108 of the FW Act, an SES leader who engages in an eligible community
service activity can get emergency response leave to volunteer for emergency management
duties for:
a.  the time engaged in the activity;
b.  reasonable travelling time; and
c.  reasonable recovery time.
197.  Ful -time and part-time SES leaders wil  be able to access 20 working days of paid emergency
response leave at their ful  rate of pay per year if required. The Delegate may provide additional
emergency response leave with pay.
a.  For the purposes of this clause, ful  rate of pay is to be as if the SES leader was at work.
198.  Paid leave may be refused where the SES leader’s role is essential to PM&C response to the
emergency.
199.  An SES leader must provide evidence that the organisation requests their services. SES leaders
can provide evidence before or as soon as practical after their emergency service activity.
200.  The Delegate may approve reasonable paid or unpaid leave for ceremonial duties and training.
201.  Emergency response leave, with or without pay, wil  count as service.
Jury duty
202.  SES leaders who are required by a court to attend either for jury selection, or to act as a juror, wil
be released from duty for the required period, without the need to apply for leave.
203.  Ful  and part-time SES leaders wil  be released from duty on their ful  rate of pay.
a.  For the purposes of this clause, ful  rate of pay is to be as if the SES leader was at work.
204.  The SES leader is required to inform their manager before they are released from duty and
provide evidence of the need to attend.
205.  If the SES leader receives a payment from the court for attendance (which are not expense
related such as al owances and reimbursements), they must repay that amount to PM&C for the
period of absence. This wil  be administered in accordance with the overpayments clause.
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Leave to attend proceedings
206.  An SES leader giving evidence before a Court, Tribunal or Royal Commission on behalf of the
Commonwealth or a Commonwealth party in the course of their duties, wil  be considered on
duty.
207.  An SES leader who is not covered under clause 206, and is required to give evidence to, appear
before or attend to instruct a representative at a Court, Tribunal or Royal Commission in relation
to their duties wil  be released from duty without loss of pay. This includes in proceedings relating
to a dispute between the SES leader and PM&C.
208.  An SES leader may otherwise be granted paid or unpaid miscellaneous leave by the Delegate if
required to give evidence to a Court, Tribunal or Royal Commission for any other reason. Where
approval for unpaid leave is given, the SES leader may elect to use accrued annual leave.
209.  The Delegate may refuse to release an SES leader from duty having regard to business
requirements and whether the SES leader’s attendance is necessary for the Court, Tribunal or
Royal Commission hearing.
Defence related leave
Defence reservist leave
210.  The Delegate wil  give an SES leader leave with or without pay to undertake:
a.  Australian Defence Force (ADF) Reserve and continuous ful -time service (CFTS); and
b.  Australian Defence Force Cadet obligations.
211.  An employee who is a Defence Reservist can take leave with pay for:
a.  up to 4 weeks (20 days) in each financial year (pro-rata for part-time SES leaders); and
b.  an extra 2 weeks (10 days) in the first year of ADF Reserve service (pro-rata for part-time SES
leaders).
212.  Leave can be built up and taken over 2 consecutive years. This includes the extra 2 weeks in the
first year of service.
213.  An SES leader who is an Australian Defence Force Cadet of icer or instructor can get paid leave
up to 3 weeks in each financial year to perform their duties. Australian Defence Force Cadets
means:
a.  Australian Navy Cadets;
b.  Australian Army Cadets; and
c.  Australian Air Force Cadets.
214.  In addition to the entitlement at clause 211, paid leave may be granted to an SES leader to attend
an interview or medical examination in connection with the enlistment of the SES leader in a
Reserve Force of the Defence Force.
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215.  Paid Defence reservist leave counts for service.
216.  Unpaid defence reservist leave for 6 months or less counts as service for all purposes. This
includes periods of CFTS.
217.  Unpaid leave taken over 6 months counts as service, except for annual leave.
218.  An SES leader wil  not need to pay their tax free ADF Reserve salary to their agency for any
reason.
Defence service sick leave
219.  An SES leader is eligible for defence service sick leave credits when the Department of Veterans
Af airs (DVA) has certified that an SES leader’s medical condition is as a result of either:
a.  war-like service; or
b.  non-war like service.
220.  An eligible SES leader can get 2 types of credits:
a.  an initial credit of 9 weeks (45 days) defence service sick leave (pro-rata for part-time SES
leaders) wil  apply at the fol owing dates, whichever is later:
i.  they start employment with the APS; or
ii.  DVA certifies the condition.
b.  an annual credit of 3 weeks (15 days) defence service sick leave.
221.  An SES leader can use their defence service sick leave when a recognised medical practitioner
provides a certificate that says they were away due to their DVA certified medical condition.
222.  Unused annual credits can be built up to 9 weeks.
223.  An SES leader cannot use annual credits until the initial credit is exhausted.
224.  Defence service sick leave is paid and counts as service for all purposes.
Miscellaneous leave
225.  Miscellaneous leave may be granted with or without pay for family and domestic violence
support and an appropriate purpose that is not provided for elsewhere in this Determination. The
Delegate wil  consider requests in line with supporting evidence.
226.  Miscel aneous leave without pay exceeding 6 months wil  not be approved until annual and
purchased leave credits are exhausted, unless the Delegate determines otherwise in exceptional
circumstances.
227.  A period, or cumulative periods, of miscellaneous leave without pay exceeding 30 days within a
12 month period wil  not count as service for annual or personal/carer’s leave purposes, except
that it may count for personal/carer’s leave if the leave without pay is determined by the
Delegate to be in the interests of PM&C and the employee returns to duty with PM&C fol owing
the leave.
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228.  Any period of miscellaneous leave without pay regardless of duration wil  not count as service for
long service leave purposes, unless a Delegate determines otherwise on a case-by-case basis.
Exceptions apply under the LSL Act where an employee is absent on account of il -health, for
specified Defence service, or to occupy an executive of ice.
Re-crediting of leave
229.  When an SES leader is on:
a.  annual leave;
b.  purchased leave;
c.  defence reservist leave;
d.  First Nations ceremonial leave;
e.  NAIDOC leave;
f.  cultural leave; or
g.  long service leave; and
becomes eligible for, under legislation or this Determination:
h.  personal/carer’s leave;
i.  compassionate or bereavement leave;
j.  jury duty;
k.  emergency response leave;
l.  leave to attend to family and domestic violence circumstances; or
m. parental leave, premature birth leave, stil birth leave or pregnancy loss leave;
the affected period of leave wil  be re-credited.
230.  When an SES leader is on personal/carer’s leave and becomes eligible for parental leave,
premature birth leave, stil birth leave or pregnancy loss leave, the affected period of leave wil  be
re-credited.
231.  Re-crediting is subject to appropriate evidence of eligibility for the substituted leave.
Section 8 – SES Wellbeing Support
Employee Assistance Program
232.  SES leaders, their partners, and their dependants/children have access to a confidential,
professional counsel ing service to assist employees to manage personal and work issues. This
service wil  be provided at no cost by PM&C and wil  be accessible on paid time.
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Blood donation
233.  SES leaders can take reasonable time away from duty during their ordinary work hours to donate
blood, plasma or platelets, including reasonable travel time. SES leaders must inform their
manager in advance of when they wil  be away.
Vaccinations
234.  PM&C wil  of er annual influenza vaccinations at no cost to al  employees.
235.  Where PM&C requires an employee performing a role to be vaccinated for a particular condition,
this vaccination wil  be of ered at no expense to the employee.
Family and domestic violence support
236.  PM&C wil  provide support for SES leaders affected by family and domestic violence, depending
on the SES leader’s circumstances.
237.  PM&C recognises that a holistic approach should be taken to support the employees,
appropriate for their individual circumstances.
238.  Family and domestic violence support provisions, including paid leave, are available the SES
leader covered by this Determination.
239.  An SES leader experiencing family and domestic violence support is able to access paid
miscellaneous leave. Reasons an SES leader experiencing family and domestic violence may
access this leave include, but are not limited to:
a.  il ness or injury af ecting the employee resulting from family and domestic violence;
b.  providing care or support to a family member (including a household member) who is also
experiencing family and domestic violence, and is il  or injured as a result of family and
domestic violence;
c.  providing care or support to a family member (including a household member) who is also
experiencing family and domestic violence, and is affected by an unexpected emergency as a
result of family and domestic violence;
d.  making arrangements for the employee’s safety, or the safety of a close relative;
e.  accessing alternative accommodation;
f.  accessing police services;
g.  attending court hearings;
h.  attending counsel ing; and
i.  attending appointments with medical, financial or legal professionals.
240.  This entitlement exists in addition to an SES leader’s existing leave entitlements and may be taken
as consecutive days, single days or part days and wil  count for service for al  purposes.
241.  Given the emergency context in which leave may need to be accessed, SES leaders can proceed
to take the leave and seek approval at a later date, as soon as practicable.
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242.  These provisions do not reduce an SES leader’s entitlement to family and domestic violence leave
under the NES.
243.  Paid miscellaneous leave available under this clause is paid for ongoing and non-ongoing SES
leaders at their ful  rate as if they were at work.
244.  Evidence may be requested to support PM&C in approving leave. In most cases, this wil  not be
required. Where it is required, this wil  be discussed with the SES leader and a statutory
declaration is the only form of evidence PM&C wil  require, unless the SES leader chooses to
provide another form of evidence.
245.  An SES leader may also choose to provide other forms of evidence, including a medical
certificate, or document issued by the Police Service, a Court, a Doctor, district Nurse, a Family
Violence Support Service or Lawyer.
246.  PM&C wil  take all reasonable measures to treat information relating to family and domestic
violence confidential y. PM&C wil  adopt a ‘needs to know’ approach regarding communication of
an SES leader’s experience of family and domestic violence, subject to steps PM&C may need to
take to ensure the safety of the SES leader, other employees or persons, or mandatory reporting
requirements.
247.  Where PM&C needs to disclose confidential information for purposes identified in clause 246,
where it is possible PM&C wil  seek the SES leader’s consent and take practical steps to minimise
any associated safety risks for the employee and/or privacy breaches.
248.  PM&C wil  not store or include information on the SES leader’s payslip in relation to the SES
leader’s experience of family and domestic violence; any leave accessed for the purposes of
family and domestic violence; or support(s) provided by the employer, unless otherwise required
by legislation.
249.  Other available support may include, but is not limited to, flexible working arrangements,
additional access to EAP, changes to their span of hours or pattern of hours and/or shift patterns
and/or location of work where reasonably practicable.
250.  PM&C wil  acknowledge and take into account an SES leader’s experience of family and domestic
violence if an SES leader’s attendance or performance at work is affected.
251.  Further information about leave and other support available to employees affected by family and
domestic violence may be found in policy.
Lactation and breastfeeding support
252.  Reasonable paid time during work hours wil  be provided for lactation breaks for breastfeeding,
expressing milk and other associated activities.
253.  PM&C wil  provide access to appropriate facilities for the purpose of breastfeeding or expressing
milk, subject to clause 254. In considering whether a space is appropriate PM&C wil  consider
whether:
a.  there is access to refrigeration;
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b.  the space is lockable; and
c.  there are facilities needed for expressing, such as appropriate seating.
254.  Where it is not practicable for a PM&C site to have a designated space, a flexible approach wil
be taken so that the SES leader can access the support required.
255.  The manager and SES leader shall discuss any flexible working arrangements that may be needed
to support lactation. This may include consideration of arrangements such as working from home
and/or remote working or varying work hours on an ad-hoc or regular basis. Wherever possible,
requests by an SES leader wil  be accommodated, noting these needs may change over time.
Disaster Support
256.  Where an of icial disaster or emergency is declared and this prevents an SES leader from
reasonably attending work, or where it impacts their household or home, the Delegate wil
consider flexible working arrangements to assist the SES leader to perform their work.
257.  Where flexible working arrangements are not appropriate, the Delegate may grant paid
miscellaneous leave to an SES leader with regard to the scale and nature of the emergency. This
leave counts as service and may be approved retrospectively.
In considering what period of leave is appropriate, the Delegate wil  take into account the safety
of the SES leader, their family (including their household) and advice from local, State and
Commonwealth Authorities.
Section 9 – Engagement, Separation and Termination
Probation
258.  The probationary period for newly engaged SES leaders is 6 months, unless set out otherwise in
the letter of of er or determined otherwise by the Delegate.
Resignation
259.  An SES leader may resign from their employment by giving their manager at least four weeks’
notice unless otherwise agreed with their manager.
260.  The manager has the discretion to agree to a shorter period of notice or waive the requirement
to give notice.
261.  SES leaders must complete of -boarding requirements and return al  PM&C property in their
possession or under their control on or before their last day of employment with PM&C (unless
otherwise agreed in writing).
262.  If an SES leader resigns, the manager may choose to:
a.  retain their services during the notice period; or
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b.  not to retain their services for some or all of the notice period, and make a payment in lieu of
notice for the part of the notice period for which they are not retained.
Termination of employment
263.  An SES leader’s employment may be terminated by the Delegate on the grounds set out in
section 29 of the PS Act.
264.  If the Delegate terminates an SES leader’s employment, the Delegate wil  give them notice or
payment in lieu of notice, in accordance with the requirements of the FW Act.
265.  Nothing in this Determination prevents the Delegate from terminating an SES leader’s
employment without notice or payment in lieu of notice due to serious misconduct.
Offer of Incentive to Retire
266.  An SES leader may be of ered an incentive to retire payment in circumstances where:
a.  the SES leader is excess to requirements; or
b.  the SES leader no longer has the skil s required to perform their SES role.
267.  The Delegate will consider options for internal reassignment of duties at PM&C, both at level or a
lower classification, before making an incentive to retire of er.
268.  The Delegate may give notice, in writing, to an SES leader and of er a payment under
section 37 of the PS Act as an incentive to retire if the employee retires within the period
specified in the notice. The SES leader may be entitled to a redundancy payment in accordance
with the FW Act.
269.  Any payment under section 37 is in addition to the payment of any unused annual leave and
long service leave credits the SES leader is entitled to.
270.  If an SES leader is provided with an incentive to retire of er pursuant to section 37 of the PS Act,
the Delegate wil  reimburse the cost of obtaining financial advice and/or career counselling
services up to $1000, where appropriate supporting evidence is supplied. Access to Career
transition support may also be of ered.
Payment upon death of an SES leader
271.  When an SES leader dies, or the Delegate has determined that an SES leader is presumed to
have died on a particular date, subject to any legal requirements, the Delegate must authorise
payments to the partner, dependants or legal representative of the former SES leader, the
amount to which the former SES leader would have been entitled had they ceased employment
through resignation or retirement, or where legislation provides specifical y for amounts
calculated based on the death of the SES leader, those amounts. If payment has not been made
within a year of the former SES leader’s death, it should be made to their legal representative.
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Section 10 - Dispute Resolution
272.  If a dispute relates to:
a.  a matter arising under this Determination; or
b.  the NES;
this term sets out procedures to settle the dispute.
273.  An SES leader who is covered by this Determination may initiate and/or be a party to a dispute
under this term.
274.  An SES leader who is a party to the dispute may appoint a representative for the purposes of the
procedures in this term. Representatives wil  be recognised and dealt with in good faith.
275.  Parties to the dispute must attempt to resolve the dispute at the workplace level, by discussion
between the SES leader and relevant managers. Either party may request that a mediator be
engaged to assist with the resolution of the dispute, and the other party is expected to not
unreasonably withhold their agreement. Any mediator wil  be mutual y agreed, and the cost wil
be borne by PM&C until the mediator determines that no mutual y accepted outcome can be
achieved through mediation.
276.  If a dispute about a matter arising under this Determination is unable to be resolved at the
workplace level, and all appropriate steps under clause 275 have been taken, a party to the
dispute may refer the dispute to the Fair Work Commission.
277.  The Fair Work Commission may deal with the dispute in 2 stages:
a.  the Fair Work Commission wil  first attempt to resolve the dispute as it considers appropriate,
including by mediation, conciliation, expressing an opinion or making a recommendation; and
b.  if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work
Commission may then:
i.  arbitrate the dispute; and
ii.  make a determination that is binding on the parties.
Note:
If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the
FW Act. A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3
of Part 5.1 of the FW Act. Therefore, an appeal may be made against the decision.
278.  While the parties are trying to resolve the dispute using the procedures in this term:
a.  an SES leader must continue to perform their work as they would normal y in accordance with
established custom and practice at PM&C that existed immediately prior to the dispute arising
unless they have a reasonable concern about an imminent risk to their health or safety; and
b.  subject to clause 278(a) an SES leader must comply with a direction given by PM&C to perform
other available work at the same workplace, or at another workplace, unless:
i.  the work is not safe; or
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ii.  applicable work health safety legislation would not permit the work to be
performed; or
iii.  the work is not appropriate for the SES leader to perform; or
iv.  there are other reasonable grounds for the SES leader to refuse to
comply with the direction.
279.  The parties to the dispute agree to be bound by a decision made by Fair Work Commission in
accordance with this term.
Leave of absence to attend proceedings
280.  Where the provisions of clauses 272 to 276 have been complied with, and to assist in the
resolution of the matter, the employee, and/or the union delegate or other employee
representative referred to in clause 273, or employee required to provide evidence, wil  be
granted paid time to attend dispute resolution processes and proceedings in the Fair Work
Commission arising from referral of the matter in clause 276.

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