Commitment to ongoing employment and rebuilding APS capacity 

105. The APS is a career-based public service. In its engagement decisions, National Archives recognises that the usual basis for engagement is as an ongoing APS employee.

Reporting

106. National Archives will report to the Workplace Relations Committee, or successor committee in the event of a name change, on an annual basis, or more frequently if agreed, on the number, duration, classification and location of ongoing, non-ongoing and casual employees engaged by National Archives.

Pathways to permanency

107. National Archives and the APS will comply with the casual conversion provision(s) of the FW Act. In addition, National Archives recognises that a proactive approach, including regularly reviewing casual and non-ongoing arrangements, is both a fair and efficient approach to supporting ongoing employment as the usual form of employment.

108. A casual (irregular or intermittent) employee is defined in the definitions section.
109. A decision to expand the use of casual employees is subject to clauses 461-465 of this agreement.
110. National Archives will regularly review the working arrangements of casual employees to assess if they are genuinely performing irregular or intermittent duties, and report de-identified outcomes to the Workplace Relations Committee, or successor committee in the event of a name change.
111. Remuneration for casual employees is on an hourly basis. A casual employee will receive a 25 per cent loading on the base hourly rate of their classification as set out in this agreement.
112. The casual loading is paid in lieu of payment for public holidays not worked, notice of termination of employment, redundancy benefits and all paid leave entitlements, other than leave required by legislation including long service leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976 and leave for family and domestic violence support.
113. A casual employee will be engaged for a minimum of 3 hours per engagement or shall be paid for a minimum of 3 hours at the appropriate casual rate.
114. A casual employee who is eligible for a Workplace Responsibility Allowance will be paid the full amount.

115. A non-ongoing employee is defined in the definitions section.

116. Non-ongoing employees will generally have the same terms and conditions of employment as ongoing employees under this agreement’s terms, except:

     116.1 personal/carer’s leave accrual at clauses 254-255;

     116.2 redundancy provisions at clauses 511-512, subject to clause 117.

117. If the non-ongoing employee’s contract is not permitted by section 333E of the FW Act, then the redundancy provisions at clauses 510-513 will apply.
118. If the redundancy provisions apply to an employee under clause 117, the National Archives must adhere to the consultation requirements at clauses 461-463.

119. The Ordinary Hours of Work for full-time employees are 148 hours and 20 minutes over a four-week settlement period, with a Standard Working Week being 37 hours and 05 minutes (Monday to Friday).
120. The Standard Working Day is 7 hours and 25 minutes per day (8.30am to 12.30pm and 1.30pm – 4.55pm).
121. Leave accruals and deductions; deductions for unauthorised absences; deductions for participation in industrial action in accordance with the FW Act 2009 and calculations relating to overtime, part-time hours and casuals will be based on the Standard Working Day.
122. Part-time employees are engaged for Ordinary Hours of Work which are less than the Ordinary Hours of Work for a full-time employee. For part-time employees, the Ordinary Hours of Work are those agreed between the Director-General and the employee in accordance with clause 217 (agreed hours).

123. The pattern by which employees will work the standard hours of duty specified in clauses 119, 120 and 121 is a matter for agreement between the Director and the employee (usual work pattern). However, an employee:

     123.1 will not work more than five consecutive hours without a meal break of at least 30 minutes;

     123.2 may work up to 10 hours ordinary duty on any one day; and

     123.3 to assist service delivery and work planning and unless otherwise agreed, the pattern over which standard hours will be performed include core hours of 10.00am to 12 noon, and 2.00pm to 4.00pm.

124. Where no agreement is reached under clause 123, employees will work between 8.00am and 5.00pm with flex time, where entitled, except employees recruited to perform identified duties under will work the hours specified in the statement of duties that has been assigned to them.

125. Flex time is a system of flexible working hours which enables APS 1-6 level employees to vary working hours, patterns and arrangements within the span of hours, subject to operational requirements. Supervisors and employees have a mutual responsibility for ensuring that employees are employed productively. This includes managing working hours, flex time and flex leave, and so that employees are not building excessive flex credits without the opportunity to access flex leave.

126. The following flex time arrangements will apply:

     126.1 subject to the provisions in this clause, an employee may carry over a maximum flex time credit of one Standard Working Week at the end of a settlement period.

     126.2 any credits above one Standard Working Week maximum at the end of a settlement period must be taken before the end of the next settlement period except where the Director and the employee agree for them to be carried over further.

     126.3 subject to Director-General approval excess credits in clause 126.2 that are unable to be taken by the end of the next settlement period will be paid out at the normal rate.

     126.4 an employee may carry over a maximum of 15 hours flex debit accumulated in any one settlement period into the next settlement period:

     126.4.1 if the maximum debit is exceeded at the end of the settlement period, the employee will endeavour to reduce the debit to the maximum allowable (or lower) over the next settlement period; and

     126.5 an employee may take up to five days flex leave, which can be consecutive, in one settlement period subject to operational requirements.

127. Prior to cessation of employment, supervisors and employees should ensure that flex debits or credits are balanced. Any outstanding credits on cessation will be paid out at the normal rate. Any outstanding debits on cessation will be recovered from salary and the employee will be advised of the amount prior to the deduction being made.

128. Executive Level Employees have access to variable working arrangements. The National Archives does not support Executive Level Employees working excessive hours and the employees and their managers will work together to manage workloads and working hours.
129. Executive level (EL) employees are sometimes required to work reasonable additional hours. Consistent with the NES, employees may refuse to work unreasonable additional hours.
130. EL employees seeking to access time off in lieu (TOIL) are required to keep records of their working hours using a method determined by National Archives.
131. A manager is to grant TOIL in recognition of reasonable additional hours worked. TOIL granted to employees can be taken as whole or part days.
132. TOIL should be taken as soon as practical after the additional hours worked, usually within three months, as agreed between the manager and EL employee.
133. The working arrangements for an EL employee should be agreed through discussion between the manager and the EL employee. The discussion should include consideration of the work requirements that will safely get the job done and reasonably allow the employee to balance their work and personal life.
134. An EL employee’s working arrangements and actual hours worked should be discussed on at least a quarterly basis between the EL employee and their manager.
135. The pattern of hours is to be flexible enough to accommodate short-term peaks and troughs in workload and include expected reasonable additional hours. The agreed pattern of hours is to be recorded.
136. Requests from EL employees to access flexible time off which are consistent with their agreed working arrangements are to be supported, subject to operational requirements.

137. The span of hours in which employees may work ordinary hours is 7.00am to 7.00pm Monday to Friday subject to agreement being reached under clause 123.
138. Where an employee requests to work outside the span of hours specified in clause 137 or, for employees performing identified duties under clause 139, the span of hours specified in clause 139, the employee may do so with the agreement of the Director. Any hours worked on this basis will be considered to be their ‘usual work pattern’ (or agreed hours for a part-time employee) and will not attract overtime rates.
139. For an employee recruited to perform identified duties, the span of hours will be 7.00am to 10.00pm Monday to Saturday subject to agreement being reached under clause 123.
140. For the purpose of clause 139, identified duties are those duties required to be performed where insufficient employees are available to carry out these duties on regular overtime.

141. Where employees are entitled to flex time under clauses 125-127, they must record their actual hours of attendance on National Archives approved electronic attendance record.

142. Access to flex time or EL TOIL arrangements will not apply in circumstances where:

     142.1 the employee’s attendance is unsatisfactory; and/or

     142.2 an employee is misusing the arrangements.

143. A written explanation of the reasons for requiring an employee to revert to the Standard Working Day will be provided to the employee by the Director-General.
144. Where flex time or EL TOIL arrangements no longer apply, the employee will revert to the Standard Working Day or agreed part-time hours.
145. Access to flex time arrangements or EL TOIL will be restored where the Director-General is satisfied that an employee’s attendance is satisfactory.

146. An employee may be directed to work reasonable overtime though regard will be had for operational and personal circumstances. An employee may refuse to work hours in excess of ordinary hours on a given day for reasons that may include, but need not be limited to, the employee’s family responsibilities or the pre-arranged personal commitments of the employee.
147. Overtime is work performed by employees at the direction of management, outside the span of hours in clause 137 or 138, on a public holiday, or in excess of the number of hours and minutes in a Standard Working Day and approved as overtime on any one day.
148. For a part-time employee, overtime is work performed at the direction of management, which is not continuous with, or is in excess of the employee’s agreed, or Ordinary Hours of Work (clause 217) or on a public holiday. The provisions of clause 138 also impact on the circumstances where overtime can be worked for any employee.
149. An employee’s salary for the purpose of calculating overtime payments will include all allowances in the nature of salary. For the purposes of this clause, a part-time employee’s annual salary is the full-time equivalent salary. Prior agreement may be reached between the Director-General and the employee for time off in lieu (TOIL), at the relevant overtime rate, to apply instead of an overtime payment.
150. Where time off in lieu has been agreed and the employee has not been granted that time off within four weeks due to operational requirements, payment of the original entitlement will be made.
151. Overtime worked Monday to Saturday will be paid at the rate of time-and-a-half for the first three hours each day and double time thereafter.
152. Overtime worked on a Sunday will be paid at the rate of double time.
153. Overtime worked on a public holiday will be paid at the rate of double time. The double time payment is additional to the single time payment already paid to the employee for that day.
154. For the purposes of clause 153, a public holiday means a holiday as set out in clause 229.
155. The overtime rates for part time employees are the same as clauses 151 - 152 for full time employees.
156. Overtime is not available to employees classified at the Executive level, including their equivalents. TOIL provisions under clauses 128-136 are available to Executive level and equivalent employees.

157. Where an employee has worked overtime, the employee will be entitled to an eight-hour break plus reasonable travelling time before recommencing work without incurring any loss of pay.
158. Where this break is not possible due to operational requirements, employees will be paid at the rate of double time until they have such a break.
159. The provisions of clauses 157-158 do not apply to overtime worked in the circumstances covered by clause 90 unless the actual time worked, excluding travelling time, is at least three hours on each call.

160. Subject to clauses 146-156 where an employee is required to perform overtime duty and such duty is not continuous with ordinary duty, the minimum payment for each separate overtime attendance will be four hours at the prescribed overtime rate.
161. An employee who performs overtime while restricted under clauses 90-93 will be entitled to a minimum overtime payment as specified in those provisions.
162. Where more than one attendance is involved, clause 160 will, subject to the prescribed minimum payment, not operate to increase an employee’s overtime remuneration beyond that to which the employee would have been entitled had the employee remained on duty from the commencing time of duty on one attendance to the ceasing time of duty on a subsequent attendance.
163. For the purposes of determining whether an overtime attendance is or is not continuous with ordinary duty, or is or is not separate from other duty, meal periods will be disregarded.
164. Where an overtime attendance, not continuous with ordinary duty, involves duty both before and after midnight, the minimum payment provisions (clauses 160-163) will be satisfied when the total payment for the whole of the attendance equals or exceeds the minimum payment applicable to one day. Where a higher overtime rate applies on one of the days, the minimum payment will be calculated at the higher rate.
165. The provisions of clauses 160-164 will not apply to duty that is covered by clause 89.

166. National Archives may engage, promote to, or assign duties to National Archives’ employees engaged as shift workers to a roster under the provision of these clauses.

     166.1 Existing National Archives’ employees will not be compelled to convert to shift work but may opt to convert to shift work subject to business requirements and manager approval.

     166.2 A part-time, casual or full-time employee will not be required to convert to a shift worker employee, without their agreement. A shift worker will not be required to convert to a part time, casual or full-time employee without their agreement.

     166.3 Where not specified in this agreement, all other features of shift work provisions will be compliant with the Australian Public Service Enterprise Award.

167. Clauses 166-185 only apply to employees that undertake visitor service functions and are regularly rostered to perform ordinary duty on Saturdays, Sundays, and public holidays for an ongoing or fixed period.
168. Shift workers will be rostered to work a maximum of 10 ordinary hours for full-time employees and 10 ordinary hours and/or additional hours for part-time employees in any one day, excluding meal breaks and for no more than five consecutive days.
169. Shift workers will not be rostered to work more than five consecutive days unless this is agreed with the individual shift workers at the time the roster is implemented or changed. However, an employee may be required to work overtime in excess of five consecutive days, where necessitated by operational requirements. In the event that a shift worker is required to work more than five consecutive days, they will be paid a rate of 200% until they have had a two-day rest period.
170. Rosters for shift workers will cover a seven-day week and will specify a roster period in weeks.
171. National Archives will develop rosters as required from time to time. Rosters will cover a seven-day week and will specify a roster period in weeks.
172. The minimum shift worker shift will be two hours.
173. National Archives will not roster employees on split shifts. However, an employee may be directed to work overtime or agree to work additional hours that are not continuous with rostered hours.
174. A shift worker will receive the following shift penalties:

175. National Archives will pay shift penalties in respect of any duty which an employee would have performed had the employee not been on approved annual leave.
176. Shift penalties will not be paid for overtime hours worked in accordance with clause 181.

Overtime for shift workers

177. Overtime is payable to shift workers if they are required to work outside their rostered hours, agreed additional hours and/or outside the 7.00am to 7.00pm bandwidth. For overtime there must be:

     177.1 a direction given to the employee to perform the work before the work is performed; or

     177.2 if circumstances do not permit a direction to be given before the work is performed, subsequent written approval.

178. Work will be considered overtime for a full-time shift worker in a classification where the rate for the classification is below the salary barrier, where:

     178.1 it is performed on any day which is outside the normal rostered ordinary hours of duty on that day; or

     178.2 it is performed in excess of the weekly hours of ordinary duty, or an average of the weekly hours of ordinary duty over a cycle of shifts.

179. Work will be considered overtime for a part-time shift worker in a classification where the rate for the classification is below the salary barrier, where:

     179.1 it is performed on any day beyond the normal rostered hours of duty on that day; and

     179.2 it is performed in excess of the employee’s prescribed weekly ordinary hours of work.

180. Work will be considered overtime for an irregular or intermittent shift worker, in a classification where the rate for the classification is below the salary barrier, where it is performed:

     180.1 on any day beyond the normal rostered hours of duty on that day; or

     180.2 in excess of 38 hours in a week or an average of 38 hours per week over a cycle of shifts.
     The casual loading set out in clause 111 is not paid for overtime.

181. A shift worker eligible to receive overtime payments will be paid at the following rates:

Christmas shutdown and additional leave for shift workers

182. Employees engaged as shift workers under these provisions do not receive Christmas close-down provisions at clauses 225-228.
183. Shift workers who are required to work during Christmas shutdown will receive time off equal to the hours worked during close-down to be taken at a time agreed between the shift worker and the manager.

Additional leave for shift workers

184. Employees who are defined as shift workers in accordance with this agreement, may be entitled to an additional five days annual leave per year. This leave will be granted once duty has been performed on at least five Sundays and/or Public Holidays in a calendar year.
185. Further information is included in the relevant policy.

186. National Archives, employees and their union recognise:

     186.1 the importance of an appropriate balance between employees’ personal and working lives, and the role flexible working arrangements can play in helping to achieve this balance;

     186.2 access to flexible work can support strategies to improve diversity in employment and leadership in the APS;

     186.3 access to flexible work supports APS capability, and can assist in attracting and retaining the employees needed to deliver for the Australian community, including employees located at a wider range of locations;

     186.4 that flexibility applies to all roles in National Archives, and different types of flexible working arrangements may be suitable for different types of roles or circumstances; and

     186.5 requests for flexible working arrangements are to be considered on a case-by-case basis, with a bias towards approving requests.

187. Flexible working arrangements include, but are not limited to, changes in hours of work, changes in patterns of work and changes in location of work.

Requesting formal flexible working arrangements

188. The following provisions do not diminish an employee’s entitlement under the NES.
189. An employee may make a request for a formal flexible working arrangement.

190. The request must:

     190.1 be in writing;

     190.2 set out details of the change sought (including the type of arrangement sought and the proposed period the arrangement will operate for); and

     190.3 set out the reasons for the change, noting the reasons for the change may relate to the circumstances set out at section 65(1A) of the FW Act.

191. The Director-General must provide a written response to a request within 21 days of receiving the request.

192. The response must:

     192.1 state that the Director-General approves the request and provide the relevant detail in clause 189; or

     192.2 if following discussion between National Archives and the employee, National Archives and the employee agree to a change to the employee’s working arrangements that differs from that set out in the request – set out the agreed change; or

     192.3 state that the Director-General refuses the request and include the following matters:

     • 192.3.1 details of the reasons for the refusal; and
     • 192.3.2 set out National Archives’ particular business grounds for refusing the request, explain how those grounds apply to the request; and
     • 192.3.3 either:
       • 192.3.3.1 set out the changes (other than the requested change) in the employee’s working arrangements that would accommodate, to any extent, the employee’s circumstances outlined in the request and that National Archives would be willing to make; or
       • 192.3.3.2 state that there are no such changes; and
     • 192.3.4 state that a decision to refuse the request, or failure to provide a written response within 21 days is subject to the dispute resolution procedures of the enterprise agreement, and if the employee is an eligible employee under the FW Act, the dispute resolution procedures outlined in sections 65B and 65C of the FW Act.

193. Where the Director-General approves the request, this will form an arrangement between the National Archives and the employee. Each arrangement must be in writing and set out:

     193.1 any security and work health and safety requirements;

     193.2 a review date (subject to clause 197); and

     193.3 the cost of establishment (if any).

194. The Director-General may refuse to approve the request only if:

     194.1 National Archives has discussed the request with the employee; and

     194.2 National Archives has genuinely tried to reach an agreement with the employee about making changes to the employee’s working arrangements to accommodate the employee’s circumstances (subject to any reasonable business grounds for refusal); and

     194.3 National Archives and the employee have not reached such an agreement; and

     194.4 National Archives has had regard to the consequences of the refusal for the employee; and

     194.5 the refusal is on reasonable business grounds.

195. Reasonable business grounds include, but are not limited to:
      

     195.1 the new working arrangements requested would be too costly for National Archives;

     195.2 there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested;

     195.3 it would be impractical to change the working arrangements of other employees, or to recruit new employees, to accommodate the new working arrangements requested;

     195.4 the new working arrangements requested would be likely to result in a significant loss in efficiency or productivity;

     195.5 the new working arrangements requested would be likely to have a significant negative impact on customer service; and

     195.6 it would not be possible to accommodate the working arrangements without significant changes to security requirements, or where work health and safety risks cannot be mitigated.

196. For First Nations employees, National Archives must consider connection to country and cultural obligations in responding to requests for altering the location of work.
197. Approved flexible working arrangements will be reviewed by National Archives and the employee after 12 months, or a shorter period, if agreed by the employee. This is to ensure the effectiveness of the arrangement.

Varying, pausing or terminating flexible working arrangements

198. An employee may request to vary an approved flexible working arrangement in accordance with clause 190. An employee may request to pause or terminate an approved flexible working arrangement.
199. The Director-General may vary, pause or terminate an approved flexible working arrangement on reasonable business grounds, subject to clause 201.

201

200. The National Archives must provide reasonable notice if varying, pausing or terminating a flexible working arrangement without the agreement of the employee, having regard to the circumstances of the employee. Exceptions to this requirement are urgent and critical operational circumstances or an employee’s demonstrated and repeated failure to comply with the agreed arrangements.

201. Prior to the Director-General varying, pausing or terminating the arrangement under clause 199, National Archives must have:

     201.1 discussed with the employee their intention to vary, pause or terminate the arrangement with the employee;

     201.2 genuinely tried to reach an agreement with the employee about making changes to the employee’s working arrangements to accommodate the employee’s circumstances (subject to any reasonable business grounds for alteration);

     201.3 had regard to the consequences of the variation, pause or termination for the employee;

     201.4 ensured the variation, pause or termination is on reasonable business grounds; and

     201.5 informed the employee in writing of the variation, pause or termination to the approved flexible working arrangement, including details set out in clause 192.3.

Working from home

202. National Archives will not impose caps on groups of employees on the time that may be approved to work from home or remotely, with each request to be considered on its merits.
203. National Archives may provide equipment necessary for, or reimbursement, for all or part of the costs associated with establishing a working from home arrangement.
204. An employee working from home is covered by the same employment conditions as an employee working at an office site under this agreement.
205. National Archives will provide employees with guidance on working from home safely.
206. Employees will not be required by National Archives to work from home unless it is lawful and reasonable to do so. This may include where circumstances prevent attendance at an office during a pandemic or natural disaster. In these situations, National Archives will consider the circumstances of the employees and options to achieve work outcomes safely.

Ad-hoc arrangements

207. Employees may request ad-hoc flexible working arrangements. Ad-hoc arrangements are generally one-off or short-term arrangements for circumstances that are not ongoing.
208. Employees should, where practicable, make the request in writing and provide as much notice as possible.
209. Requests for ad-hoc arrangements are not subject to the request and approval processes detailed in clauses 188-197.
210. National Archives should consider ad-hoc requests on a case-by-case basis, with a bias to approving ad-hoc requests, having regard to the employee’s circumstances and reasonable business grounds.
211. Where a regular pattern of requests for ad-hoc arrangements from an employee emerges, National Archives should consider whether it is appropriate to seek to formalise the arrangement with the employee.

Altering span of hours

207. An employee may request to work an alternative regular span of hours (bandwidth hours). If approved by the Director-General, hours worked on this basis will be treated as regular working hours and will not attract overtime payments. National Archives will not request or require that any employee alter their regular span of hours (bandwidth hours) under these provisions.
208. Employees should, where practicable, make the request in writing and provide as much notice as possible.
209. Requests for ad-hoc arrangements are not subject to the request and approval processes detailed in clauses 188-197.
210. National Archives should consider ad-hoc requests on a case-by-case basis, with a bias to approving ad-hoc requests, having regard to the employee’s circumstances and reasonable business grounds.
211. Where a regular pattern of requests for ad-hoc arrangements from an employee emerges, National Archives should consider whether it is appropriate to seek to formalise the arrangement with the employee.

Altering span of hours

212. An employee may request to work an alternative regular span of hours (bandwidth hours). If approved by the Director-General, hours worked on this basis will be treated as regular working hours and will not attract overtime payments. National Archives will not request or require that any employee alter their regular span of hours (bandwidth hours) under these provisions.

213. Employees engaged on a full-time basis will not be compelled to convert to part-time employment.
214. Employees engaged on a part-time basis will not be compelled to convert to full-time employment.
215. National Archives is committed to providing opportunities for employees to work on a regular part-time basis. In determining whether requests for part-time work can be approved, the Director-General will consider both the operational needs of the National Archives and the personal circumstances of the employee.
216. The Director-General will advise, in writing within 21 days, whether or not the request has been agreed to and provide reasons if the request is refused.
217. A part-time employee is one whose agreed hours of work are less than the Ordinary Hours of Work of a full-time equivalent employee over a four-week period, i.e. less than the average of a Standard Working Week. Agreed hours of work for part-time employees, unless otherwise agreed between the employee and the Director-General, will be continuous and not less than three hours per day on any day worked by the employee. An unpaid meal break will not break the continuity of hours of work.
218. Remuneration and other benefits for part-time employees will be calculated on a pro rata basis, excluding Long Service Leave and apart from those allowances of a reimbursement or expense nature, where part-time employees will receive the same amount as full-time employees.
219. Access to part-time work will be given to employees returning from Parental Leave for up to two years from the end of the applicable leave.
220. After the initial up to 2-year period and in accordance with section 65 (1B) of the FW Act and clauses 186-187 employees returning from Parental Leave may request to work part-time to assist the employee to care for a child who is of school age or younger or in the case of a child (under 18 years) who has a disability.
221. Consistent with flex time arrangements, a part-time employee and their Director may, by agreement, vary their agreed hours of work. Similarly, part-time working arrangements may, for other than designated part-time jobs, be terminated by agreement.
222. While National Archives may propose the introduction of part-time employment, a full-time employee will not be required or compelled to convert to part-time hours without their agreement.
223. A part-time employee engaged on a part-time basis will not be required or compelled to convert to full-time hours without their agreement. A part-time employee not working in a management-initiated part-time job will revert to full-time work at the conclusion of their part-time work agreement, or beforehand as agreed between the employee and the Director- General.
224. Employees who have mutually agreed to share one full-time job on a regular basis will be considered to be part-time employees. Such a mutually agreed arrangement requires Director-General approval before it can be implemented.

225. National Archives will close its normal operations from close of business on the last working day before Christmas, with business resuming on the first working day after New Year’s Day.
226. If an employee (APS Level 1-6) is required to work on the day following the Boxing Day public holiday, they will receive an overtime payment under clauses 146-156 Executive level and equivalent employees will have access to TOIL provisions under clauses 128-136.
227. Employees will be provided time off for the remaining working days between Christmas and New Year’s Day and will be paid in accordance with their Ordinary Hours of Work (agreed hours for a part time employee). Where an employee is absent on leave, payment for the Christmas shutdown period will be paid in accordance with the entitlement for that form of leave (e.g. if on Long Service Leave half pay, payment is on half pay).
228. Where APS Level 1-6 employees are required to work on the remaining two days of Christmas shutdown, they will receive a loading of 50% TOIL or additional payment for hours worked, subject to clause 161 minimum overtime payment. This loading is additional to the single time (TOIL or payment) they will receive for working these days. For Executive Level and their equivalents access to TOIL is in accordance with clauses 128-136.

229. Employees are entitled to the following holidays each year as observed at their normal work location in accordance with the FW Act:

     229.1 1 January (New Year’s Day);

     229.2 26 January (Australia Day);

     229.3 Good Friday and the following Monday;

     229.4 25 April (Anzac Day);

     229.5 the King’s birthday holiday (on the day on which it is celebrated in a State or Territory or a region of a State or Territory);

     229.6 25 December (Christmas Day);

     229.7 26 December (Boxing Day); and

     229.8 any other day, or part day, declared or prescribed by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of the State or Territory, as a public holiday, other than a day or part day, or a kind of day or part day, that is excluded by the Fair Work Regulations 2009 from counting as a public holiday.

230. If a public holiday falls on a Saturday or Sunday, and if under a State or Territory law, a day or part day is substituted for one of the public holidays listed above, then the substituted day or part day is the public holiday.
231. The Director-General and an employee may agree on the substitution of a day or part day that would otherwise be a public holiday, having regard to operational requirements.
232. The Director-General and an employee may agree to substitute a cultural or religious day of significance to the employee for any day that is a prescribed holiday. If the employee cannot work on the prescribed holiday, the employee will be required to work make-up time at times to be agreed. This substitution does not impact or reduce an employee’s entitlement to First Nations ceremonial leave, NAIDOC leave or cultural leave.
233. Where an employee substitutes a public holiday for another day, they will not be paid penalty rates for working their normal hours on the public holiday.
234. Where a public holiday falls during a period when an employee is absent on leave (other than annual leave, paid personal/carer’s leave or defence service sick leave) there is no entitlement to receive payment as a public holiday. Payment for that day will be in accordance with the entitlement for that form of leave (e.g. if on long service leave on half pay, payment is at half pay.)
235. If under a law of a State or Territory every Sunday is declared or prescribed by or under that law to be a public holiday, there is no entitlement to receive payment as a public holiday if the employee would have worked, or does perform work, on that day. In these circumstances, payment will only be made at the public holiday rate if the employee performs work on that day, and the Sunday would otherwise be a public holiday under clauses 229.1-229.8.
236. If under a law of a State or Territory Easter Tuesday is declared or prescribed by or under that law to be a public holiday not observed generally within the State or Territory or a region of the State or Territory (restricted), there is no entitlement to receive payment as a public holiday if the employee would have worked, or does perform work, on that day. The employee will receive payment for that day as if it were an ordinary day.
237. An employee, who is absent on a day or part day that is a public holiday in their normal work location, is entitled to be paid for the part or full day absence as if that day or part day was not a public holiday, except where that person would not normally have worked on that day.
238. Where a full-time employee, including but not limited to employees on compressed hours, has a regular planned day off which would fall on a public holiday, the Director-General may allow the employee to change their planned day off so that it does not fall on a public holiday. If it is not possible to change their planned day off, the employee will be credited an equivalent amount of time to their regular hours for the day in flex credits or EL TOIL in recognition of their planned day off.
239. Shift workers will be paid penalty rates in accordance with clause 174.
240. Where any employee is absent from their employment on a day or part day that is a public holiday, they will be paid at the employee’s normal rate of pay for the employee’s Ordinary Hours of Work on the day or part day.