• The end of the current averaging period is nearly upon us! This Three-Month Averaging Period is due to end on 31 August 2022. In preparation for this, we urge members to be mindful of their obligations at the end of an averaging period.

Operations Working Pattern

Members are required to work an average of 40 hours per week over a Three-Month Averaging Period.

Time Recordings

Members must ensure their time recordings are submitted to their supervisors for approval within a maximum of seven days from the completion of duty. If this is not possible due to operational reasons, the AFP will make considerations. Likewise, members must submit any outstanding timesheets to their supervisor within seven days of the conclusion of the averaging period.

Excess Hours

Members are entitled to Overtime payments for any excess hours worked within a Three-Month Averaging Period. If you have worked more hours than required between 1 June 2022 and 31 August 2022, and those hours are attributable towards the averaging period (i.e., ordinary hours and some safety net breaches) this means you have hours in excess and are entitled to Overtime on those hours.

To ensure you receive your Overtime payment for any excess hours worked, you must change your most recent ordinary time recording entries to the “Overtime Paid” time type for all ordinary hours beyond your required limit.  For example, if you have worked 20 hours over your limit since 1 June 2022, you must change your most recent 20 hours of ordinary time recordings in Insight to the “Overtime Paid” time type.

It is the responsibility of both supervisors and employees to ensure the appropriate delegate (at Coordinator level) has approved the variation to time recordings.

Support Working Pattern

Members on the Support Working Pattern should be conscious of their Flex-Time balance. Members are only able to carry over 16 hours of Flex Credits to the next Three-Month Averaging Period. If you have accrued more than 16 hours of flex credits, members should begin discussions with your supervisors about organising time off to balance your Flex-Time. Where possible, we strongly encourage members to bring their Flex Credits below 16 hours before 31 August 2022.

Rostered Operations Working Pattern

The Three-Month Averaging Period does not apply to the Rostered Operations Working Pattern. As such, members assigned to this pattern are not required to reconcile hours before 31 August 2022.

However, Rostered Operations members should be aware of the length and expected hours of their team’s Roster Period. Rostered Operations members are required to work an average of 40 hours per week over a Roster Period. For example, if your Roster Period is 12 weeks, you will be required to work 480 hours within that period. If your Roster Period is six weeks, you will be required to work 240 hours over that period. Any excess hours worked should be paid out as Overtime.

MANDATORY REST DAYS

 

Band 1-8 members are due to be credited two Mandatory Rest Days on 1 September 2022, as per clause 40 of the Australian Federal Police Enterprise Agreement 2017-2020 (“the EA”).

The EA requires employees to have an annual leave balance of below 228 hours on 1 September 2022 to receive their MRDs. Clause 40(2) of the EA states:

Two Mandatory Rest Days will be credited to Employees on the following days of each year to which this Agreement applies:

(a) 1 March; and

(b) 1 September

provided that the Employee has (on that day) an annual leave balance of no more than 228 hours (6 weeks).

The interpretation of “on that day” has historically caused issues for members. The MRD credit dates coincide with the accrual of annual leave, which occurs on the first day of every calendar month. This means that if members reduce their annual leave balance to below 228 hours prior to 1 September 2022, but the simultaneous accrual of annual leave brings them over the 228-hour threshold, they may not accrue their MRDs on 1 September 2022.

A full-time employee accrues 19 hours of annual leave per month. As such, we advise you to reduce your annual leave balance to below 209 hours by 31 August 2022 to ensure you accrue your MRD entitlements. If you are a part-time employee, these provisions apply on a pro-rata basis.

Additionally, it is important to use MRDs within a six-month period; otherwise, you will lose them in accordance with clause 40(3) of the EA. Members should have accrued two MRDs on 1 March 2022. If you have been unable to use them and will not be able to use them prior to 1 September 2022, you can apply for an exemption through your chain of command. Please contact our office should you require assistance.

Likewise, if you are having trouble taking annual leave before 1 September 2022, please contact us and we can assist in providing some options around reducing your annual leave prior to the accrual date.

If you require any assistance, please do not hesitate to contact the AFPA Legal and Industrial team at afpa@afpa.org.au.