Part 1 - Scope of the Agreement

1.1 Title of the Agreement

1. This Agreement shall be known as the Treasury Workplace Agreement 2011-2014.

1.2 Parties to the Agreement

1. In accordance with section 172 of the Fair Work Act 2009, this Agreement covers the Secretary to the Treasury (on behalf of the Commonwealth) and all Treasury APS employees employed under the Public Service Act 1999, except for:
   1. Senior Executive Service (SES) employees;
   2. employees employed in the Commonwealth Grants Commission;
   3. employees employed in the Australian Office of Financial Management; and
   4. employees employed in the Royal Australian Mint.
2. Where the Community and Public Sector Union gives notice in accordance with subsection 183(1) of the Fair Work Act 2009, Fair Work Australia will note in its decision to approve the Agreement that it covers that organisation.

1.3 Purpose of the Agreement

1. Treasury and its employees agree that this Agreement aims to improve the flexibility of working conditions in Treasury and to help make the Treasury a more satisfying and rewarding place to work.
2. The Treasury Management Model states that people management systems support excellence in the provision of public policy advice and other services. Treasury and its employees agree to the following Treasury people management principles which underpin the design and application of these systems:
   1. Treasury people management principles:
      1. There will be open, two way communication at all levels.
      2. Accountabilities will be clearly defined.
      3. Remuneration will be based on work performance and determined by fair and transparent processes.
      4. Employees will be assisted in achieving appropriate work and private life balance.
   2. Treasury people will be aware of and observe the APS Values. In addition, Treasury people will:
      1. strive for excellence;
      2. value teamwork, consultation and sharing ideas;
      3. value diversity among our people;
      4. treat everyone with respect;
      5. exhibit honesty in all our dealings; and
      6. treat colleagues with fairness.

1.4 Corporate Strategies and Resources to Support this Agreement

1. Treasury and its employees recognise that, for this Agreement to operate, Treasury will commit to maintaining and continuing to develop good leadership and governance arrangements to ensure the department achieves its outcomes and outputs, including:
   1. an integrated approach to corporate planning to better manage workflows, risks, people, finances;
   2. nurturing and strengthening our core organisational capabilities through investment in professional development;
   3. utilising the results of a comprehensive staff survey; and
   4. delivering competitive pay and conditions to Treasury employees, as set out in this Agreement, to attract and retain high quality employees.

1.5 Operation of the Agreement

1. This Agreement will come into operation 7 days after it is approved by Fair Work Australia or on 1 July 2011, whichever is the later date. The nominal expiry date of this Agreement will be 30 June 2014.
2. Various employment provisions contained within this Agreement are administered in conjunction with Treasury policies, manuals and guidelines. It is acknowledged that such policies, manuals and guidelines do not form part of this Agreement but are indicative of how various employment provisions may be applied. This Agreement will prevail over those policies, guidelines and manuals to the extent of any inconsistency unless contrary to statute or common law. Treasury and its employees agree that such policies, manuals and guidelines will be available to all employees and will be updated as necessary following consultation.
3. In the event of a dispute in relation to the application, implementation or interpretation of policies manuals or guidelines that operate in conjunction with this Agreement, the parties will have access to the dispute resolution procedures set out at part 9 of this Agreement to resolve that dispute.
4. Further, Treasury and its employees are committed to a number of policies and practices that are not specific to this Agreement but are integral to Treasury's management framework. These include professional development, a workplace diversity program, policies to balance work and family responsibilities, policies to promote a safe and healthy workplace, and provision of an employee assistance program.
5. In any matter arising under this agreement, an employee may have a representative assist or represent them, and all relevant persons will deal with any such representative in good faith. To avoid doubt, this assistance can include acting as an advocate where appropriate to do so.
6. This Agreement comprehensively states the terms and conditions of employment of the employees covered by this Agreement other than implied terms of the contract of employment and terms and conditions applying under a Commonwealth law.
7. From the commencement of this Agreement, a person or organisation covered by the Agreement will not pursue further claims for terms and conditions of employment that would have effect during the period of operation of this Agreement, except where consistent with the terms of this Agreement.

1.6 Entitlements under Commonwealth Laws

1. This Agreement does not affect an employee's entitlements, if any, contained in the Public Service Act 1999, the Fair Work Act 2009 and other Commonwealth legislation, including legislation relating to:
   1. Long Service Leave;
   2. Maternity Leave;
   3. Superannuation;
   4. Occupational Health and Safety;
   5. Workers' Compensation; and.
   6. Review of Actions.
2. Where the right of review is exercised under section 33 of the Public Service Act 1999 and Part 5 of the Public Service Regulations (and does not fail for want of jurisdiction) the employee will have no right of review with respect to that matter under the dispute resolution procedures in this agreement.

1.7 Delegation

1. The Secretary may delegate to or authorise a person to perform any of the Secretary's powers or functions under this Agreement.

1.8 Individual Flexibility Agreement

1. The Secretary and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
   1. the Agreement deals with one or more of the following matters:
      1. arrangements about when work is performed;
      2. overtime rates;
      3. penalty rates;
      4. allowances;
      5. leave loading; and
   2. the arrangement meets the genuine needs of Treasury and the employee in relation to one or more of the matters mentioned in paragraph (a); and
   3. the arrangement is genuinely agreed to by the Secretary and the employee.
2. The Secretary must ensure that the terms of the individual flexibility arrangement:
   1. are about permitted matters under section 172 of the Fair Work Act 2009; and
   2. are not unlawful terms under section 194 of the Fair Work Act 2009; and
   3. result in the employee being better off overall than the employee would be if no arrangement was made.
3. The Secretary must ensure that the individual flexibility arrangement:
   1. is in writing; and
   2. includes the name of the employer and employee; and
   3. is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
   4. includes details of:
      1. the terms of this Agreement that will be varied by the arrangement; and
      2. how the arrangement will vary the effect of the terms; and
      3. how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
   5. states the day on which the arrangement commences.
4. The Secretary must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
5. The Secretary or employee may terminate the individual flexibility arrangement:
   1. by giving no more than 28 days written notice to the other party to the arrangement; or
   2. if the Secretary and employee agree in writing - at any time.

1.9 General Consultation with Employees

1. A Workplace Relations Committee (WRC) will continue to operate in Treasury.
2. Treasury will consult the WRC on issues surrounding the implementation and operation of this Agreement and issues affecting the employment conditions of employees. Treasury will take into account the views of the WRC in the decision making process for implementing this Agreement. Treasury will allow a reasonable period for the WRC to consider issues.
3. Treasury and its employees agree that Treasury will continue to undertake broader consultation with employees outside the WRC forum.
4. Treasury recognises and respects the important role of workplace representatives, including union delegates and employee representatives, and will facilitate their role on a reasonable basis in accordance with agreed protocols.

1.10 Consultation Relating to Major Change

1. This clause applies where a decision is made to introduce major changes in a work area that are likely to have significant effects on employees, other than where provision is already made elsewhere in this enterprise agreement regarding a specific major change.
2. Where a definite decision is made to introduce major changes in program, organisation, structure or technology that are likely to have significant effects on employees, the Secretary must notify the employees who are likely to be affected by the proposed changes and their representatives, if any.
3. Significant effects include:
   1. termination of employment;
   2. changes in the composition, operation or size of the Treasury's workforce or in the skills required;
   3. the elimination or diminution of job opportunities, promotion opportunities or job tenure;
   4. alteration in hours of work;
   5. the need to retrain employees;
   6. the need to relocate employees to another workplace; and
   7. the restructuring of jobs.
4. The relevant employees may appoint a representative for the purposes of the procedures in this clause.
5. The Secretary must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 2), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt and genuine consideration to matters raised by the employees and/or their representatives in relation to the changes.
6. The discussions must commence as early as practicable after a definite decision has been made to make the changes referred to in clause 2).
7. For the purposes of such discussion, the employees concerned and their representatives, if any, are to be provided in writing all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees. The Secretary is not required to disclose confidential or commercially sensitive information to the employees.

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