Christmas/New Year Period
With the upcoming Christmas and New Year break, we wish to provide reminders to members so they can enter the holiday season with confirmation of entitlements, awareness of policy/ procedures, and contacts for support should they need it.
I implore members to utilise their designated days off and holidays for the purpose of relaxation, rejuvenation, and quality time with loved ones and to address any personal matters that may be hindered by work obligations.
During these periods of leave, before or after your scheduled shift or where you have been stood down, it is important to remember that — if you are not in receipt of an allowance (such as an on-call allowance) — there is absolutely no requirement or obligation for you to attend to work-related calls or text messages on your personal device or UOC, attend to work emails, or otherwise involve yourself with work affairs outside of your designated work hours, especially during your approved time off.
To clear any ambiguity currently being perpetuated, the 22% composite does not require you to check your UOC or emails out of hours whilst on leave or stand down. As stated above, I strongly encourage all members to prioritise themselves, their loved ones, and their health during these periods.
As per the EA, the following days are deemed Designated Public Holidays during the Christmas/New Year period:
- 25 December 2023 (Christmas Day);
- 26 Christmas 2023 (Boxing Day);
- 27 December 2023 (first working day after Boxing Day Public Holiday);
- 28 – 29 December 2023 (two normal Working Days between Christmas and New Year); and
- 1 January 2024 (New Year’s Day).
Required to Work?
If members are required to work on any of the above dates as part of their Normal Working Hours, they will receive an additional Base Hourly Rate for each hour worked. In addition, those hours will either:
- Count toward the Three-Month Averaging Period or Roster Period or
- If the member works less than expected, the expected hours will count towards the Three-Month Averaging Period or Roster Period.
On a Rest Day?
If members assigned to the Rostered Operations working pattern are on a Rest Day on any of the above dates, they will receive an additional 8 hours at the Base Salary Hourly Rate (maximum of 10 occurrences per Financial Year).
When does a Public Holiday penalty not apply?
If members are on leave immediately before and/or after a Public Holiday, and would be unable to be rostered for duty or unable to return to work if required, the additional penalty payment will not be paid.
Similarly, if members are on a period of Stand Down on a Public Holiday, the additional penalty payment will not be paid.
Over the Christmas and New Year period, many members will take leave. As such, opportunities for Higher Duties may become available to assist with the continuity of operational requirements.
If members performed Higher Duties over the Christmas and New Year period, it is important to understand what their entitlements are during that period.
Annual leave taken during periods of Higher Duties, including leave taken for Christmas and the New Year period, will be paid at the Higher Duties Allowances rate so long as the Higher Duties period commenced prior to the leave.
Example: A member commences Higher Duties on 22 December 2023 and is scheduled to continue this role until 4 January 2024. Between 25 December 2023 and 28 December 2023, the member has leave scheduled. This period of 4 days will be paid at the Higher Duties Allowance rate.
Public Holiday rates will be paid to members performing Higher Duties between Band 2 and 8. For members performing Higher Duties at Executive Level or SES, , Higher Duties Allowance is not paid.
Outside of the above, standard Higher Duties conditions and requirements apply as set out in section 29 of the EA.
AFPA Shut Down
The AFPA office will be shut from 4:30 pm on Friday, 22 December 2023, and re-open at 8:30 am on Tuesday, 2 January 2024. If you have an urgent matter during this period, please call our office number on (02) 6285 1677 and your call will be redirected to the Legal and Industrial team.
We have notified Professional Standards and Welfare of our contact details over this period, should anything arise.
We hope everyone has an enjoyable and safe time over this period, and we look forward to working with you in 2024.
EA Bargaining for the next Enterprise Agreement began after the AFPA implemented processes to compel the AFP to come to the table.
Overall, the initial progress was slow but well-informed and progressing satisfactorily. The AFPA was mindful of negotiating the weekly meetings in partnership with the AFP and the independent bargainers and not in opposition.
Despite this positive progress, the Australian Public Service Commission (APSC) formalised the intent of the Government’s workplace bargaining policy around EA bargaining, with the result of capping any potential pay rises for the AFP at 11.2% with no front loading of incremental increases.
In addition, bargaining for new allowances is no longer allowed (including improvements to existing allowances).
The AFPA is absolutely disgusted that the APSC and the Government have such disregard for all our hardworking members and have chosen to move the goalposts after bargaining had already commenced. This flies in the face of the principles of good faith bargaining, and we will continue to work with the AFP with the intent of convincing the government to change its position.
The AFPA’s overall intent with the EA is to see better pay and more appropriate allowances for all our members. We fully believe that the BOLD IDEAS contained within our log of claims are the best method to remunerate our members APPROPRIATELY.
On 25 March 2022, the AFPA secured a win in the Federal Court ensuring yearly Base Salary increases will be passed on to all members on time. The AFPA initially commenced proceedings in late 2018 in the Federal Circuit Court on behalf of six members, with the Court finding in our favour in January 2021. The AFP lodged an appeal to the Federal Court, with the appeal being dismissed in late March 2022 and a final settlement reached.
Following the Federal Court of Australia decision, the AFP has commenced a rectification process to back pay potentially affected current and former AFP Employees, who were denied a Base Salary increase because they did not participate in the Performance Development Agreement (PDA) process and attain the minimum rating of PDA ‘fulfilled’, in accordance with clause 63 of the AFP Enterprise Agreement 2017-2020 (EA).
The AFP identified an additional 271 potentially impacted Employees as not receiving a Base Salary increase due from the PDA process outlined in clause 63 of the EA.
The AFP has advised that Business Services are commencing the pay rise corrections process. Individuals will be directly contacted by Business Services once an underpayment is processed and will be provided advice on any associated superannuation requirements.
If you feel that you have not received the pay increase due to your PDA not reflecting a rating of “fulfilled” and are not contacted by Business Services, please contact us as soon as possible at firstname.lastname@example.org