Part 4 - Conditions of Engagement

4.1 Portability of Leave

Where an employee moves (including on promotion or for an agreed period) from another agency where they were an ongoing APS employee, the employee's unused accrued Annual leave and Personal/carers leave (however described) will be recognised, provided there is no break in continuity of service.
Where an employee is engaged as either an ongoing or non-ongoing APS employee immediately following a period of ongoing employment in the Parliamentary Service or the ACT Government Service, the employee's unused accrued Annual leave and Personal/carers leave (however described) will be recognised.
For the purposes of this clause:
1. 'APS employee' has the same meaning as the Public Service Act 1999
2. 'Parliamentary Service' refers to employment under the Parliamentary Service Act 1999
Where a person is engaged as an ongoing employee, and immediately prior to the engagement the person was employed as a non-ongoing APS employee, the Secretary may, at the employee's request, recognise any accrued Annual leave and Personal/carers leave (however described), provided there is no break in continuity of service. Any recognised Annual leave excludes any accrued leave paid out on separation.

While Treasury will seek to engage employees on an ongoing basis consistent with subsection 22(3) of the Public Service Act 1999, Treasury will continue to engage non-ongoing employees to enable the Department to meet periods of high workload or when there is insufficient expertise or resources within the Department. Unless otherwise specified in this agreement, the terms and conditions for non-ongoing employees shall be those set out in this Agreement as applying to ongoing employees.

Treasury will engage casual employees as necessary to perform duties that are irregular or intermittent.
A casual employee is entitled to be paid an additional 20 per cent of the hourly rate of pay which is payable to a full-time employee in the same classification who is paid at the rate applicable to the classification. This additional payment is in lieu of annual leave, personal leave, paid compassionate leave and payment for public holidays.
A casual employee is entitled to unpaid carer's leave under subclause 3.4 (3).

Treasury and its employees agree that, unless otherwise agreed with their General Manager or the General Manager, Human Resources, an employee will give a minimum of two (2) weeks' notice of an intended resignation or retirement from the APS.

Treasury and its employees agree that the date of effect of an employee's resignation or retirement will not be a day on which the employee would normally not have been on duty or on an approved period of leave.
Resignations will take effect only on a normal working day, not on a weekend or public holiday unless exceptional circumstances exist as determined by the General Manager, Human Resources.

Treasury and its employees agree that the duration of the probationary period for the purposes of subsection 22 (6) of the Public Service Act 1999 will be six (6) months, unless the Secretary determines otherwise in a particular case.

The Treasury will make compulsory employer contributions as required by the applicable legislation and fund requirements.
Where employer contributions are to an accumulation superannuation fund the employer contribution will be 15.4% of the fortnightly superannuation contribution salary [or ordinary time earnings]. This will not be reduced by any other contributions made through salary sacrifice arrangements. This clause does not apply where a superannuation fund cannot accept employer superannuation contributions (e.g. unable to accept contributions for people aged over 75).
Employer superannuation contributions will not be paid on behalf of employees during periods of unpaid leave that does not count as service, unless otherwise required under legislation.
The Secretary may choose to limit superannuation choice to complying superannuation funds that allow employee and/or employer contributions to be paid through fortnightly electronic funds transfer using a file generated by the Treasury's payroll system.