This Agreement is between the Commissioner of the Australian Federal Police (AFP) (on behalf of the Commonwealth) and the Employees specified in clause 5 below of the AFP employed within the classifications set out in this Agreement.

4. Dates of Operation

This Agreement comes into operation on the date of approval by Fair Work Australia.

The Agreement will nominally expire 4 years after the date of approval by Fair Work Australia.

5. Application of the Agreement

This Agreement applies to all substantive Executive Level Employees of the AFP with the exception of:

Employees who have been declared Senior Executive Service AFP Employees under s. 25 of the Act; and
Employees who are deployed overseas under section 40H(1) of the Act and where a determination under section 40H(2) of the Act is in place (except for those Employees engaged in External Territories).

This Agreement does not apply to Special Members of the AFP, with the exception of those Executive Level Special Members who were Employees of the AFP before being declared a Special Member.

6. Comprehensive Agreement

This Agreement is a comprehensive workplace agreement and provides for entitlements consistent with the National Employment Standards as detailed in the Fair Work Act 2009.

This Agreement excludes all applicable Enterprise and Modern Awards including the Australian Federal Police Award 2002 (as varied from time to time).

The terms and conditions of this Agreement apply to all Executive Level Employees in their entirety unless specifically identified, excluded or substituted.

An Employee may not receive any further payment or entitlement not contemplated by this Agreement through any type of individual agreement or otherwise, whilst this Enterprise Agreement applies to the Employee.

It is acknowledged by the Parties that employment in the AFP is subject to the provisions of Acts of Parliament (and regulations and instruments made under those Acts) including, but not limited to, the:

7. Delegation

The Commissioner may, in writing, delegate any of the Commissioner’s powers or functions under this Agreement other than under this clause or sub-clause 12.4.

A person exercising delegated powers or functions under this Agreement must comply with any directions of the Commissioner.

This clause does not limit the power of the Commissioner to authorise a person to act for and on his behalf.

8. Definitions

The Act means the Australian Federal Police Act 1979 (as amended from time to time).

AFP means the Australian Federal Police.

AFP member means a “member” as that term is defined in The Act.

Employee means a person engaged under section 24 of the Act (as amended from time to time).

Base Salary means the base salary rate against which a person is being remunerated prior to any allowances or additional provisions are calculated. This definition does not apply to clause 13 of this Agreement.

Commissioner means the Commissioner of the Australian Federal Police, or his/her delegate(s).

Executive Level Employee means:

An Employee engaged as an AFP Band 9 on the day before the commencement of this Agreement; or
Any Employee specifically engaged by the AFP as an Executive Level Employee, or promoted to the position of an Executive Level Employee, after the commencement date of this Agreement.

External Territories has the meaning given by section 17(pb) of the Acts Interpretation Act 1901.

Flexibility Agreement means an agreement made in accordance with clause 37 of this Agreement.

Functional Area means each business stream within the AFP as managed by a National Manager.

Manager means a person who carries the responsibility for the supervision of one or more Employees, including the monitoring of attendance and performance.

Medical Certificate means a certificate provided by a registered or licensed health practitioner under a law of a State or Territory that provides for the registration or licensing of health practitioners of that type.

Merit means ensuring all eligible people are provided an opportunity to apply for existing vacancies, and that any employment decisions are transparent and based on a fair assessment of the applicants’ abilities to perform the given role.

Mutually agreed or by mutual agreement means an agreement freely entered into between one or more individuals and the AFP.

Parties means the persons identified in clause 3 of this Agreement.

Part-time Employee means an Employee who works on a regular basis, less than 40 hours per week.

Pay Scales means the rates of pay specified in Attachment A to this Agreement.

Performance Development Agreement (PDA) means the document created under the AFP’s performance development and performance appraisal system as varied from time to time.

Representative means a person, organisation or employee association chosen by an Employee or group of Employees to represent their interests.

SES means an Employee declared as a Senior Executive AFP Employee under section 25 of the Act

Working Day means ordinary hours of duty Monday to Friday or ordinary hours of duty performed in accordance with a Flexibility Agreement made under clause 37 of this Agreement.

WORKING PATTERNS

9. Hours of duty

The Employee agrees to adopt a working pattern that will meet the demands of the position occupied and which is consistent with the attainment of business objectives established through the AFP Strategic Plan and the Employee’s Performance Development Agreement.

The Employee’s required hours of work will be 40 hours per week as averaged over a 12-month averaging period. The 40 hours of work per week consists of 38 ordinary hours of work, plus two additional hours which the Employee acknowledge are reasonable. The average of 40 hours includes duty during a meal break. Employees are expected to manage their workload and model appropriate attendance patterns, being mindful of the AFP’s commitment to work life balance.

The Employee and AFP acknowledge that the level of remuneration that the Employee receives reflects an expectation that the Employee may be required to work rostered shifts and/or hours outside of normal business hours without further remuneration.

Where the Employee requests to work less than full time hours through a Flexibility Agreement, all the terms and conditions contained within this Agreement will be applied on a pro-rata basis.

9.1 Reasonable Hours

Reasonable hours will be determined in accordance with Part 2-2 division 3 Section 62 (3) of the Fair Work Act 2009.

10. Unpaid Leave Not to Count as Service

Periods of leave without pay exceeding 30 days within any 12-month period will not count for service for any purpose, unless the Commissioner deems the leave to be in the interests of the AFP or there is a legal requirement to recognise the leave without pay to count for service.

11. Casual Employment

Where an Employee is engaged under s.24 of the Act, on a casual basis to perform work that is intermittent or irregular in nature, they will receive a 20% loading of their base salary, paid fortnightly in arrears.

It is not the intention of the AFP to employ Members or Protective Service Officers as defined under the AFP Act 1979 on a casual basis.

On engagement, the delegate will determine the base salary rate consistent with the Pay Scales in Attachment A to this Agreement to which the casual loading will apply. The base salary rate will be varied each year in accordance with sub-clause 12.3 of this Agreement (Base Salary Increases). A Casual Employee will not receive any other movement within the Pay Scales.

The casual hourly rate is calculated using the following formula.

((Base salary plus 20%) x 12)/313 /80

Application of this Agreement to Employees engaged on a Casual basis is limited to the following clauses:

Clauses 1 – 8
Sub-clause 9.1
Clause 11
Subclauses 12.3 - 12.4
Clauses 17 - 18
Clause 20.1
Clauses 22 – 23
Subclauses 36.2 – 36.3
Clauses 39 - 42
Attachment A

All remaining clauses within this Agreement do not apply to an Employee engaged on a casual basis.

Any additional entitlements that a Casual Employee may have by virtue of the National Employment Standards will apply in accordance with the Fair Work Act 2009.

REMUNERATION PACKAGE AND RELATED BENEFITS

12. Salary

The salary arrangements are outlined at Attachment A to this Agreement.

12.1 Base Salary on Commencement

Where an Employee is internally promoted to a classification specified in Attachment A to this Agreement, the minimum salary point for Executive Level classification will be used as the starting salary for the promoted Employee.

Unless otherwise agreed by the Commissioner, when a person is engaged from outside the AFP at any classification, the minimum salary point for the relevant classification level will be used as the person’s commencement salary.

Where a person is engaged from outside the AFP and:

the role they are to perform is comparable in level and responsibility to their previous external role; and
the person’s remuneration (which incorporates base salary and any ongoing guaranteed allowances that count as salary for superannuation purposes) relating to the person’s previous external role, exceeds the maximum bandwidth applicable to the salary the person is initially engaged at,

the Commissioner may agree to a higher commencement salary than provided in this Agreement.

Where a higher commencement salary is agreed in accordance with this clause, no further salary increases will apply until the salary applicable to the person pursuant to Attachment A equates to, or exceeds, the person’s commencement salary as agreed pursuant to this clause.

12.2 Movement within Pay Scales

Subject to the provisions of this sub-clause, an Employee will receive movement within the Pay Scale subject to successful performance outcomes as assessed in accordance with the Employee’s Performance Development Agreement.

Notwithstanding this clause, an Employee’s base salary cannot, at any given time, exceed the maximum salary limit contained in Attachment A unless because of an agreed commencement salary in accordance with sub clause 12.1 or an approved additional remuneration agreement in accordance with sub-clause 12.4.

To be eligible for consideration for movement within a pay scale, the Employee is required to have participated in the Performance Development Agreement Scheme over an entire 12-month period.

The assessment period is 1 July to 30 June each year. The first Assessment period will commence on 1 July 2011 with the first assessment occurring in June 2012. Any movement within the pay scale will apply from 1 July 2012.

An Employee newly promoted or engaged during an assessment period will be eligible for movement within a pay scale where they have:

completed at least 6 months over the previous 12-month period at the AFP executive level (or at a higher classification), including periods of higher duties; and
participated in a complete Performance Development Agreement cycle during that period.

It is acknowledged that there is a mutual obligation between the Employee and the AFP to address all steps necessary for a timely PDA to take place. Where PDA’s have not been maintained over the assessment period and the Employee is able to demonstrate that they have met their mutual obligations, any date of movement will be backdated to the applicable effective date.

It is expected that an Employee and their Manager will establish the performance expectations at the beginning of the assessment period.

The range of ratings an Employee may receive in relation to the Employee’s performance over the 12-month period are:

Outstanding
Superior
Fully Effective
Not Yet Fully Effective
Underperforming

Any movement within a pay scale will be calculated from the Employee’s base salary payable on 30 June of the assessment year and will be calculated using the following rates:

5% where the Employee’s performance rating is Outstanding for the assessment period;
3.5% where the Employee’s performance rating is Superior for the assessment period;
2% where the Employee’s performance rating is Fully Effective for the assessment period.

Where an Employee:

has not met the eligibility criteria as detailed in this clause; or
has been rated as ‘not yet fully effective’; or
is subject to a formal underperformance process within the PDA;

the Employee will not receive any movement within the pay scale for that assessment period.

12.3 Base Salary Increases

Unless otherwise excluded by another clause contained within this Agreement and subject to the provisions of this clause, the Agreement provides a base salary increase to all Employees. The base salary increases will be:

3.3% effective from 1 July 2012
3.3% effective from 1 July 2013
3.3% effective from 1 July 2014

Base Salary increases will be calculated by applying the percentage increase to the base salary payable on 30 June of the applicable year.

Where an Employee is subject to a formal underperformance process within the PDA framework and has been rated as (e) underperforming over the Assessment Period as detailed in sub-clause 12.2, the Employee will not receive a base salary increase for that year.

12.4 Additional Remuneration

In exceptional circumstances, the Commissioner may enter into an agreement with an Employee covered by this Agreement to pay additional remuneration either in the form of:

an annualised allowance payable fortnightly in arrears; or
a lump sum payment/s; or
a combination of both a. and b.

Any such additional remuneration agreement must be in writing and detail:

the purpose for the agreement;
any additional deliverables or criteria required to be met by the Employee;
whether the additional remuneration counts as salary for superannuation;
the term of the agreement;
where the term is in excess of 12-months, an annual review date – generally linked to the performance cycle; and
grounds for termination of the agreement including, termination by agreement and unilateral termination.

The request will only be considered by the Commissioner on the advice and recommendation of the AFP Remuneration Committee and will be supported by workforce analysis conducted by AFP Employee Relations.

13. Residual Bonus Payment

The Employee will be paid a one off residual bonus payment payable on the first payday following approval of this Agreement by Fair Work Australia.

The one off residual bonus payment will be paid to all Employees covered by this Agreement on the day of approval by Fair Work Australia and will acquit any claim to a performance bonus contained in the Employee’s previous industrial or common law instrument that applied to the Employee prior to the commencement of this Agreement.

The one off residual bonus payment will be calculated at a rate of 5% of the Employee’s base salary as defined in their industrial or common law instrument, as it applied on the day before commencement of this Agreement.

This payment will not count as salary for superannuation.

14. Parking Facilities

The Employee will be provided with car parking facilities at or within a reasonable distance from their primary work location.

Where car parking facilities are not available, the Employee will receive an allowance of $2,000 per annum, paid fortnightly on a pro rata basis in the form of a regular taxable payroll amount. An Employee cannot encash this entitlement.

The parking facility, whether used or paid as an allowance, will count as salary for superannuation with the value of the facility set at $2,000 per annum.

15. Fitness Allowance

If an Employee achieves the AFP standard for fitness by completing AFP annual fitness testing, he or she will be entitled to a one off taxable payment of $650 per financial year. This payment will not count as salary for superannuation.

16. Flexible Remuneration Packaging

An Employee is entitled to participate in the AFP’s Flexible Remuneration Packaging arrangements.

17. Superannuation

The subject of superannuation is dealt with extensively by federal legislation. That legislation, as varied from time to time, governs the superannuation rights and obligation of the parties.

Where the AFP is obliged to make superannuation contributions in compliance with such legislation, those contributions will be paid into a complying superannuation fund as notified by an Employee to the AFP. Where an Employee fails to nominate a complying superannuation fund, superannuation will be paid to the AFP’s default fund (the Public Sector Superannuation Accumulation Plan), unless the Employee is eligible to be a member of the Public Sector Superannuation Scheme (PSS) or the Commonwealth Superannuation Scheme (CSS).

18. Cost of employment or associated benefits

When the Commissioner believes that costs incurred by an Employee in the course of the Employee’s duties are directly attributable to the operations of the AFP and have not already been compensated through the terms of this Agreement, the Commissioner may consider reimbursement to the Employee. Whether or not such reimbursement is granted will be determined at the discretion of the Commissioner.

19. Higher Duties Allowance

Where an Employee is required to perform duties at the Senior Executive level for a period not less than 4 weeks (20 working days), the Employee will be paid an allowance for the duration of the higher duties. This allowance will be equal to the difference between the Employee’s base salary, payable immediately before commencing duties at the higher level, and the minimum base salary payable at the SES level, plus the value of any vehicle allowance payable at the SES level.

Where an Employee is required to perform duties at the Senior Executive level for an aggregate of more than 20 working days in a calendar year, the Employee will be paid an allowance for any period of higher duties in excess of the initial 20 working days per calendar year. In this instance the Employee’s base salary payable immediately before commencing those duties in excess of 20 days will be used for the calculations as outlined above.

20. Travel

20.1 General

The AFP will meet all approved costs associated with AFP employment related travel requirements.

Periods in transit during approved work related travel will be considered hours worked.

20.2 Travel benefits

The Employee shall be entitled to one AFP funded membership of an AFP approved airline lounge.

Where an Employee travels to a location outside of Australia, they will be eligible for Premium Economy class of travel (where available) for the international leg/s associated with the travel and any domestic leg/s outside of Australia undertaken as part of the continuous journey to the Employee’s primary destination.

Nothing in this clause prevents the delegate from approving a higher class of travel where deemed appropriate.

21. Communications Package

An Employee will be provided with appropriate facilities to meet after work hours and/or off site communication requirements associated with their role. Where provided, reasonable personal use of such facilities is permissible.

22. Use of Own Vehicle

The parties acknowledge that a vehicle allowance has been rolled into the base salary component of the remuneration package. Accordingly, Employees covered by this Agreement will be required to make their own arrangements for all reasonable local business travel and do not have access to AFP provided vehicles for this purpose.

The Commissioner may approve the use of an AFP vehicle for operational purposes, with regards to OH&S and security concerns.

23. Recovery of Overpayment

The AFP may, in accordance with the Financial Management and Accountability Act 1997 and associated Finance Regulations, recover any overpayment of an Employee’s salary by making a deduction (or deductions) from any monies due to be paid to the Employee.

LEAVE PROVISIONS

24. Standard Recreation Leave

The Employee will accrue 190 hours recreation leave per annum on a monthly pro-rata basis.

Any periods of recreation leave count as service for all purposes.

Where an employee may be eligible for another type of leave during a period of recreation leave, reasonable documented evidence will be required.

24.1 Cash Out of Recreation Leave

Employees may cash out once in a financial year a period of leave they have accrued and been credited (in 38 hour blocks).

Employees may only cash out leave in accordance with this clause during a period where they are performing at their substantive classification level.

Paid recreation leave must not be cashed out if the cashing out would result in the Employee’s remaining accrued entitlement to paid recreation leave being less than four weeks (152 hours).

Each cashing out of a particular amount of paid recreation leave must be by a separate agreement in writing between the AFP and Employee.

The Employee will be paid in a lump sum the full amount that would have been payable to the Employee had the Employee taken the leave that the Employee has forgone.

24.2 Reduced Accrual of Recreation Leave

Employees may elect to reduce the accrual rate of recreation leave in return for a commensurate increase to their fortnightly pay.

Employees may only reduce their accrual by a total of 38 hours per financial year. As such, annual accrual of recreation leave cannot, at any stage be less than 152 hours per year.

Applications will only be approved for reductions of future recreation leave credits. To avoid doubt, applications to retrospectively reduce already accrued recreation leave credits will not be approved.

24.3 Purchasing Recreation Leave

Employees may nominate to purchase additional recreation leave in 38 hour blocks in return for a pro-rata deduction in their fortnightly pay.

Applications to purchase recreation leave of up to 76 hours per year do not require management approval.

The Commissioner may approve applications to purchase recreation leave in excess of 76 hours per year.

24.4 Recreation Leave at Half Pay

An Employee may seek approval to take a period of recreation leave at half pay. Where an Employee is approved to take a period of recreation leave at half pay:

the first half of the period of leave is characterised as recreation leave (First Period);
the second half of the period is characterised as unpaid leave (Second Period); and
the Employee is paid 50% of the amount the Employee would be entitled to for the First Period for the entire duration of the leave.

The entire period of approved period of recreation leave at half pay will count as service for all purposes.

24.5 Requirement to take Recreation Leave

It is expected that an Employee will use their recreation leave as it accrues resulting in a maximum accrued recreation leave balance of 190 hours at any point in time.

Where accrued recreation leave balances are considered excessive, the AFP may require the Employee to take a period of recreation leave at a suitable time determined by the Commissioner in order for the leave balance to be reduced to an acceptable level. An Employee will only be directed to take recreation leave if, in the circumstances, the requirement would be reasonable.

25. Maternity Leave

Employees shall be entitled to Maternity Leave in accordance with the provisions of the Maternity Leave (Commonwealth Employees) Act 1973.

An Employee with twelve (12) months continuous service with the AFP, or a qualifying Agency under the provisions of the Maternity Leave (Commonwealth Employees) Act 1973, is entitled to be paid for an additional two (2) weeks maternity leave in excess of that required by the Maternity Leave (Commonwealth Employees) Act 1973.

The payment of any paid maternity leave may be spread over a period of twenty eight (28) weeks at a rate of half the normal salary. Any paid maternity leave beyond the first 14 weeks does not count as service for any purpose. This administrative arrangement does not extend the total period of paid or unpaid maternity leave available under the Maternity Leave (Commonwealth Employees) Act 1973.

26. Adoption Leave

An Employee who is the primary carer will be entitled to six weeks paid Adoption Leave for the purposes of adopting a child.

The adoptive child must not be a child or stepchild of the Employee or the Employee’s partner unless that child had only been in the custody and care of the Employee or the Employee’s partner for a period of up to 6 months.

27. Parental Leave

An Employee will be entitled to Parental Leave in accordance with Division 5 (Parental Leave and related entitlements) of the Fair Work Act 2009.

An Employee who is eligible for Parental Leave and;

is not the maternal mother of the child; or
is not the primary carer of an adopted child,

will be entitled to paid Parental Leave for up to 5 days of the approved Parental Leave period.

28. Personal Leave

28.1 Accrual

Employees will receive 136 hours 48 minutes personal leave credits at full pay each year credited pro-rata on the first of every month without limit, throughout the period of employment with the AFP.

28.2 Approval

Personal leave may be granted to an Employee in the following circumstances:

where the Employee is ill or injured; or
to care for member/s of his or her immediate family or household who are ill or in the case of an unexpected emergency effecting the family or household member.

An Employee may be required to provide reasonable proof, such as a medical certificate, of the Employee’s need to take personal leave.

28.3 Medically unfit on long service leave

Employees who are medically unfit for duty for three days or more while on long service leave and who produce a medical certificate may apply for personal leave. Long service leave will be re-credited to the extent of the period of personal leave granted.

28.4 Unpaid personal leave

Unpaid personal leave will be granted in accordance with the terms of the Fair Work Act 2009 where paid personal leave entitlements have been exhausted.

Unpaid approved personal leave will not break continuity of employment. However, periods of leave without pay in excess of 30 days in any 12-month period will not count as service for any purpose.

28.5 Access to other leave when paid personal leave has been exhausted

An Employee granted personal leave for a minimum continuous period of five (5) days, may access their recreation leave or long service leave accruals where they have;

utilised all paid personal leave entitlements; and
provided satisfactory documentation to evidence the requirement to take further personal leave.

29. Compassionate Leave

Compassionate leave with pay will be granted to an Employee for a period of 2 days for each eligible occasion.

An Employee may access compassionate leave for the purpose of spending time with a person who:

is a member of the Employee’s immediate family or a member of the Employee’s household and has a personal illness, or injury, that poses a serious threat to his or her life; or
after the death of a member of the Employee’s immediate family or a member of the Employee’s household.

An Employee will be granted a further 5 days paid compassionate leave after the death of a member of the Employee’s immediate family.

An Employee may be required to provide evidence to support each application for compassionate leave.

30. Defence Reserve Service Leave

Employees who are members of a Defence Reserve will be granted paid leave to undertake Defence service and training. The maximum period of paid leave is four weeks in a calendar year. An additional two weeks paid leave will also be provided once only to allow an Employee to attend recruitment or initial Defence Reserve employment training.

For training or absences that exceeds these allowances, leave without pay may be granted.

All Defence Service Leave will count as service.

31. Community Service and Jury Service Leave

An Employee will be entitled to Community Service Leave and Jury Service Leave in accordance with Part 2-2 Division 58 (Community Service Leave) of the Fair Work Act 2009.

32. Miscellaneous Leave

Miscellaneous leave is leave that is not provided under any specific leave arrangements.

The Commissioner may grant miscellaneous leave with or without pay.

The grounds for considering requests for Miscellaneous Leave with pay are:

Study leave, in accordance with the approved Study leave program;
War service sick leave;
NAIDOC;
Participation in State Emergency Service activities;
Non-AFP employment or work / training in the interest of the AFP or law enforcement;
In exceptional circumstances, noting that paid Miscellaneous Leave is not intended to supplement existing paid leave accruals.

The Commissioner may grant miscellaneous leave without pay for any of the reasons stated above or any other purpose. Unless deemed otherwise by the Commissioner, Miscellaneous Leave without Pay will not count as service for any purpose.

33. Public Holidays/Christmas stand down

The AFP will treat the following days (or gazetted substitute day) in any location as designated public holidays:

New Year’s Day;
Australia Day;
Good Friday and the following Saturday;
Easter Monday;
Anzac Day;
Queen’s Birthday Observance Day;
Labour Day or equivalent;
Christmas Day;
Boxing Day;
Public Service Christmas holiday; and
any gazetted local public holidays in the State or Territory where the Employee is assigned that is not already listed in this clause above.

In addition to the above public holidays, the two normal working days between Christmas and New Year and the Sunday within the Easter weekend will be treated as public holidays.

If an employee is required to work on a day prescribed by this agreement as a public holiday, they will not be eligible for any additional remuneration for that period.

RESIGNATION, RETIREMENT AND TERMINATION OF EMPLOYMENT

34. Resignation and Retirement

An Employee may resign or retire at any time subject to the provisions of the Act by giving the required period of notice in writing to the Employee’s manager.

35. Workforce Adjustment

Where the Commissioner determines that the Employee is excess to requirements, the Employee will be subject to a redundancy process.

The Employee will be considered excess to requirements if:

the Employee forms part of a class of AFP Employees (however described) and there are more Employees in the class than is necessary for the efficient and economical working of the AFP; or
the services of the Employee cannot be effectively used because of technological changes within the AFP, or because of changes to the nature, extent or organisation of the functions of the AFP.

35.1 Notification of proposal to declare excess

Where the Commissioner becomes aware that an Employee is likely to become potentially excess, the Commissioner will notify the Employee in writing, as soon as practicable of the situation.

The Employee will be given 7 days to provide any written response to this notification.

At end of the 7 day notification period, the Commissioner may declare the Employee excess having regard to any response from the Employee and any redeployment opportunities available at the time of the notification. A declaration of excess status will be provided in writing to the effected Employee.

Once an Employee has been declared excess, they will enter into a 7 month retention period, as contemplated by clause 35.4 below.

35.2 Redeployment

Where an Employee is considered excess, the AFP will endeavour to redeploy the Employee into a suitable role subject to consideration of relevant skills, performance and any retraining requirements.

Where appropriate, redeployment into a role at a lower classification may be offered.

Where an Employee is redeployed into a role at a lower classification:

the Employee's substantive base salary applicable the day before the redeployment will be frozen until the remuneration applicable to the lower classification that the Employee has been redeployed into, incorporates the Employee's frozen salary by virtue of pay and incremental increases; and
this Agreement will cease to cover the Employee, save that the provisions of this clause will continue to apply to the Employee’s engagement until the Employee’s frozen remuneration equates within the reclassified level;
the remainder of applicable terms and conditions will be as per the relevant agreement for the Employee’s reclassified role in force from time to time.

35.3 Voluntary Redundancy

Where the Commissioner declares the Employee excess and that Employee has at least 6 months continuous eligible service, the Employee will receive an offer for a voluntary redundancy payment.

An Employee may accept a voluntary redundancy payment within the first 6 weeks of the retention period.

Where an Employee does not accept a voluntary redundancy payment, the Employee will be subject to the processes associated with the 7 month retention period and subject to an involuntary redundancy if a suitable position for redeployment cannot be identified during the retention period.

For voluntary redundancy under the terms of this Agreement, the following payments are to apply for eligible service:

Twelve weeks pay for up to and including three years service;
Eighteen weeks pay for service in excess of three years and up to six years;
Thirty six weeks pay for service in excess of six years and up to nine years;
Fifty two weeks pay for service in excess of nine years.

The above payments do not include payments in lieu of notice.

The above payments do not include payments in the form of final monies for statutory entitlements including unused accrued recreation leave and unused accrued long service leave.

Redundancy payments will be limited to a maximum payment of 52 weeks.

35.4 Retention Period

During the 7-month retention period, the Employee will be considered for any redeployment opportunities as they arise and will be considered in isolation for any identified vacant positions without the requirement to be ranked or assessed against any other applicants.

The Employee will enter into a development plan that will be designed to enhance the Employee’s redeployment prospects and may include re-training and development in job seeking skills.

The Employee has a responsibility for his or her own career management and will actively participate in reassignment and redeployment processes as well as seek out alternative job opportunities as they arise.

Where, five weeks prior to the conclusion of the retention period, the Employee has not been successfully redeployed into an alternative, suitable role, the Employee will be notified in writing that the Employee will be made involuntarily redundant at the conclusion of the seventh month of the Retention Period.

35.5 Support during notice period

Where an Employee is made voluntarily or involuntarily redundant, the Employee will be entitled to reasonable time off with full pay during any notice period to attend to necessary employment interviews from the date the period of notice commences.

35.6 Involuntary Redundancy Payment

Where an Employee is made involuntarily redundant, the Employee will receive the minimum redundancy pay prescribed by the Fair Work Act 2009 upon termination of employment.

35.7 Eligible Service for Redundancy Pay Purposes

For the purposes of calculating a voluntary or involuntary redundancy entitlement, the following will apply:

eligible service will be calculated up to the date of redundancy;
for the purposes of calculating “eligible service”, prior service or employment with any authority or body constituted by or under a law of the Commonwealth, Australian Public Service or the Australian Defence Force will be aggregated with service or employment with the Australian Federal Police, if there was no break, or no break other than one attributable to leave of absence (whether with pay or without pay), from the prior service or employment and if the member’s prior service or employment was not terminated by reason of:
1. retrenchment/redundancy;
2. retirement on the grounds of invalidity, inefficiency or loss of a necessary qualification;
3. forfeiture of office;
4. dismissal on disciplinary grounds; or
5. termination of a probationary appointment for reasons of unsatisfactory service or employment.
Absences during a period of eligible service or employment that do not count as service for employment for long service leave purposes do not count for the purposes of calculating the benefits specified above.

35.8 Rate of Payment

For the purposes of calculating any voluntary or involuntary redundancy payment under the above clause, “salary” includes:

full-time Employee:
1. the Employee’s full-time base salary paid at the ordinary time rate;

part-time Employee:
1. salary at the ordinary time rate paid on a pro-rata basis where the Employee has worked part-time hours during the period of service and the Employee has less than 24 years full-time service;

for Employees in receipt of Higher Duties Allowance;
1. the base salary rate on which salary and higher duties payments are made where the Employee has been acting in a higher position for a continuous period of at least 12-months immediately preceding the date on which the Employee is given notice of termination the Employee is entitled to be paid at a higher rate including both the Employee’s base salary and higher duties allowance.

36. Termination of Employment

This clause applies only to full-time and part-time Employees.

36.1 Period of Notice

36.1.1 Employer Initiated Termination

Where an Employee’s employment is terminated, the period of notice will be;

four (4) weeks; or
in the case of an Employee over 45 years of age with at least two (2) years continuous service - five (5) weeks.

With respect to any period of notice, the AFP may do any of the following:

pay the Employee in lieu of any part or all of the notice period;
require the Employee not to report to work during the whole or any part of the notice period;
provide the Employee with duties different from those that the Employee would ordinarily perform.

The period of notice in this clause does not apply in the case of an Employee’s dismissal for serious misconduct as defined in the Act.

36.1.2 Employee Initiated Termination

An Employee is required to give notice of resignation consistent with the Act.

If an Employee and the AFP agree, an Employee may be released prior to the expiry of the notice period with payment of wages or salary to the date of termination only.

36.2 Return of Property

Immediately upon the termination of an Employee’s employment for any reason, or otherwise at the AFP’s request, the Employee must return all property belonging to the AFP and any information which relates to the business of the AFP or its clients or potential clients, which is in the Employee’s custody, possession or control, including, but not limited to, all confidential information, intellectual property, mobile telephones, computers, keys, storage devices, cards, documents, records and papers (together with all copies thereof).

36.3 Review of Decisions to Terminate Employment

The sole and exhaustive rights and remedies of an Employee in relation to termination of employment are those that the Employee has under:

The Fair Work Act 2009;
Other Commonwealth laws (including the Constitution, the Australian Federal Police Act 1979 and the Administrative Decisions (Judicial Review) Act 1977); and
Common law.

Termination of, or a decision to terminate employment, cannot be reviewed under the procedures for preventing and settling disputes or under any procedures for internal review of employment action.

MISCELLANEOUS

37. Flexibility Term

Notwithstanding any other provision of this Agreement, the AFP and an individual Employee may agree to vary the effect of certain terms of this Agreement to meet the genuine individual needs of the AFP and the individual Employee (Flexibility Agreement).

The term of this Agreement that the AFP and the individual Employee may agree to vary pursuant to a Flexibility Agreement is clause 9 Hours of Duty

The AFP must ensure that the Flexibility Agreement:

is confined to a variation of matters contained in clause 9 of the Agreement;
states each term of this Agreement that the AFP and the individual Employee have agreed to vary;
details how the application of each term has been varied by agreement between the AFP and the individual Employee;
does not disadvantage the individual Employee in relation to the individual Employee’s terms and conditions of employment;
is about matters that would be permitted matters if the arrangement were part of an enterprise agreement;
does not include a term that would be an unlawful term if the arrangement were part of an enterprise agreement;
results in the Employee being better off overall than the Employee would have been if no Flexibility Agreement were agreed to;
is genuinely made by the Employee without coercion or duress;
is in writing, names the parties to the Individual Flexibility Agreement and is signed by the AFP and the individual Employee and, if the Employee is under 18 years of age, the Employee’s parent of guardian;
is given (or a copy is given) to the Employee, and a copy kept on file by the AFP;
is able to be terminated by the AFP or the individual Employee giving four weeks’ notice of termination in writing to the other party, or at any time by agreement in writing by the AFP and the individual Employee; and
states the date the Flexibility Agreement commences to operate

38. Reduction in Classification

An Employee may be reduced in classification to any level within the AFP as a result of:

an adverse Professional Standards finding under Part V of the Australian Federal Police Act 1979, in relation to a category 3 conduct issue or a corruption issue, where the associated review processes have been exhausted, and the delegate has made a determination that the appropriate action in relation to the finding is to reduce, or includes a reduction in, the Employee’s classification; or
a process to manage underperformance, where the Employee has failed to meet performance expectations and the subsequent action taken in relation to the underperformance process is to reduce the Employee in classification.

Where an Employee is reduced in classification consistent with this clause, the reduction in classification will be permanent and all the terms and conditions, including salary rates applicable to the classification to which the Employee is reduced, will apply.

An Employee will cease to be classified as Executive Level where the Employee is reduced in classification in accordance with this clause. This Agreement will cease to apply to an Employee from the date of effect of the reduction in classification below Executive Level.

If an Employee’s classification is reduced, nothing in this clause prevents an Employee from subsequently seeking promotion to an Executive Level through a Merit selection process.

Nothing in this clause limits the Commissioner’s ability to take other action in relation to either an adverse Professional Standards finding or underperformance process.

39. Variation to Agreement

The parties to this Agreement acknowledge that this Agreement can be varied by consent of the parties at any time during the currency of the Agreement, consistent with Part 2-4, Division 7, of the Fair Work Act 2009.

40. Consultation

In accordance with section 205 of the Fair Work Act 2009, the provisions of Schedule 2.3 of the Fair Work Regulations – “Model Consultation Term”, as that term has effect on the approval date of this Agreement will apply to this Agreement.

41. Dispute resolution

In accordance with Section 186(6) and 737of the Fair Work Act 2009, the provisions of schedule 6.1 of the Fair Work Regulations - “Model term for dealing with disputes for Enterprise Agreements”, as that term has effect on the approval date of this Agreement will apply to this Agreement.

42. No extra claims

The Employee’s agree that they will not pursue any further claims against the AFP in respect of their employment during the nominal period of this Agreement.

TRANSLATION ARRANGEMENTS

43. Translation of Salary Arrangements for Existing Substantive Band 9 Employees

43.1 Interim salary arrangements

In the interim period between the date this Agreement comes into operation and 1 July 2011, Employees will be paid in accordance with the Interim Salary as defined in this clause.

For the purpose of this clause, the Interim Salary means:

For those Employees on an Australian Workplace Agreement

Australian Workplace Agreement base salary + $20,000 + any additional ongoing allowance provided for in the Employee’s Australian Workplace Agreement (excluding Higher Duties Allowance and any car parking allowance) as applicable to the Employee on the day before the commencement date of this Agreement; or

For those Employees subject to the AFP CA who have a supplementary agreement in place

base salary + ((base salary x 12/3130)x9) + Individual Executive Allowance provided for in the Employee’s Individual Supplementation Agreement as applicable to the Employee on the day before the commencement date of this Agreement; or

For all other Employees

AFP CA base salary as applicable to the Employee on the day before the commencement date of this Agreement + ((base salary x 12/3130)x9).

Where an Employee, on the day immediately prior to the commencement of this Agreement, has an entitlement to an AFP provided vehicle, they will receive the Interim Salary as provided in this Agreement, reduced by the sum of $20,000 until such a time as either;

the lease of the vehicle expires and the vehicle is returned; or
the Employee is able to return the vehicle to the AFP fleet prior to the expiration of the lease.

43.2 Salary Translation 1 July 2011

Subject to the provisions of this clause, existing Employees substantively classified at the band 9 level will translate into the new executive level classification structure as detailed in this clause.

Employee’s Existing Salary, as defined in this clause will translate in accordance with this clause on 1 July 2011 based on the Translation Points in Table 1 of this clause.

For the purposes of (a) and (b) below, salary translation will be based on the Employee’s Existing Salary as calculated on the day before the commencement date of this Agreement. For the purposes of (c), salary translation will be based on the Employee’s Existing Salary calculation, as it would have applied had the Employee remained on the AFP Collective Agreement 2007 – 2011 through to 30 June 2011.

Where the Employee’s Existing Salary falls within the Minimum and Maximum Existing Salary Range, they will translate to the corresponding Translation Point on 1 July 2011.

For the purpose of this clause only, Existing Salary means:

For those Employees on an Australian Workplace Agreement

Australian Workplace Agreement base salary + $20,000 + any additional ongoing allowance provided for in the Employee’s Australian Workplace Agreement (excluding Higher Duties Allowance and any car parking allowance) + 5% of base salary (in lieu of performance bonus) as applicable to the Employee on the day before the commencement date of this Agreement; or

For those Employees subject to the AFP CA who have a supplementary agreement in place

base salary + ((base salary x 12/3130)x9) + Individual Executive Allowance provided for in the Employee’s Individual Supplementation Agreement + 5% of base salary (in lieu of performance bonus) as applicable to the Employee on the day before the commencement date of this Agreement; or

For all other Employees

AFP CA base salary + ((AFP CA base salary x 12/3130)x9).

Where an Employee’s Existing Salary is greater than the maximum salary rate payable under this Agreement on 1 July 2011, the Employee’s Existing Salary will be frozen on the date of salary translation, until the Pay Scale incorporates the Employee’s Existing Salary by virtue of base salary increases over the life of this Agreement. Where an Employee’s salary is frozen, base salary increases provided in this Agreement will not apply to the Employee whilst their salary is frozen.

Where an Employee has possession of an AFP provided vehicle on 1 July 2011, their new base salary Translation Point will be reduced by the sum of $20,000 until such a time as either;

the lease of the vehicle expires and the vehicle is returned; or
the Employee is able to return the vehicle to the AFP fleet prior to the expiration of the lease.

Table 1

Existing Salary range		Translation Point
Minimum	Maximum
Below	$124,499	$126,000
$124,500	$129,999	$132,000
$130,000	$135,499	$138,000
$135,500	$140,999	$144,000
$141,000	$146,499	$150,000
$146,500	$151,999	$156,500
$152,000	Above	$163,000

Attachment A

Base Salaries

Designation	1 July 2011		1 July 2012		1 July 2013		1 July 2014
	Min	Max	Min	Max	Min	Max	Min	Max
Executive Level	$126,000	$163,000	$130,158	$168,379	$134,453	$173,936	$138,890	$179,675

Signed On Behalf Of Australian Federal Police

By its duly authorised officer: _____________________ (Signature of Authorised Officer)		In the presence of: _____________________ (Signature of Witness)
Tony William Negus _____________________ (Name of Authorised Officer)		Michael Anthony Phelan _____________________ (Name of Witness)
1 Kings Ave Barton _____________________ (Address of Authorised Officer)		1 Kings Ave Barton ACT _____________________ (Address of Witness)
Commissioner _____________________ (Position of Authorised Officer)
22-12-2010 _____________________ (Date)		22/12/2010 _____________________ (Date)

Signed On Behalf Of The Employees

Signed _____________________ by Jon Hunt-Sharman on behalf of the Employees in the presence of: Ian Phillips (Solicitor (ACT 1625)) Capacity in which signed: National President Australian Federal Police Association Branch of the Police Federation of Australia Address: 9/1 Hobart Place, Canberra ACT

_____________________ Signature of Witness		21 December 2010 _____________________ Date
Name of Witness (block letters)		Ian Phillips Level 9 AMP Tower 1 Hobart Place Canberra ACT 2601