Bulletin 5 - Formal offer for a new enterprise agreement - issued 28 September 2022

I am pleased to advise that on 27 September 2022, I made an offer to settle the Aboriginal Health Practitioners enterprise agreement negotiations.

We have worked hard and listened to your feedback to arrive at a balanced offer, which seeks to provide good improvements for all employees.

The below summarises the details of the offer. View the full details of the offer PDF (211.2 KB).

$20,000 over 4 years; new leave to cover Christmas closedown; more benefits for work life balance, additional leave to support you and your family when it's needed

Summary of the offer

$10,000 over 4 years (plus employer superannuation guarantee):

  • $4,000 lump sum (gross) paid after the agreement is approved
  • $2,000 lump sum (gross) in August 2023, 2024 and 2025
  • counts for superannuation (excluding for defined benefit schemes - NTGPASS/CSS).

Uniforms

  • Aboriginal Health Practitioners will be provided with an agreed uniform. The department and union will agree on the design at the Joint Consultative Committee.

Review

  • A commitment to undertake a review into the attraction and retention of Aboriginal Health Practitioners within the department.

Rostered days off

  • Aboriginal Health Practitioners will be able to accrue a programmed day off every 4 weeks.

Professional development allowance

  • An increase to the professional development allowance.

New Christmas closedown leave

  • A new entitlement providing paid Christmas closedown leave. Employees who are required to work during the closedown will be able to bank 3 days of Christmas closedown leave.

No involuntary redundancies for term of the agreement

  • No involuntary redundancies for the term of the agreement (does not apply to redeployees greater than 2 years).

Commitment if there are changes in the wages policy

  • Should there be a change to the wages policy during the term of the agreement that provides for additional benefits above those contained in this offer (such as an increase to salaries above the value of the lump sum payment) these will be passed on through a determination.

Employee rights and entitlements

  • No reduction to current or future employee rights and entitlements.
  • The commissioner undertakes that for the term of the agreement, general employment conditions specified in the PSEM by-laws and determinations will not be varied without consultation and agreement with the affected parties prior to the formalisation of an amendment.

Allowances

  • Continue Darwin CPI increases on allowances listed in determination number 1 of 2022 relevant to the enterprise agreement. The allowances will not reduce if the Darwin CPI decreases.

Improvements to leave provisions

  • Compassionate leave:
    • increased to 5 days in the case of an immediate family member.
    • new provision for 3 days paid leave on the occasion of the death of an extended family member (aunt, uncle, cousin) or in the case of miscarriage.
  • Domestic and family violence leave provisions extended to include sexual violence outside the domestic setting.
  • Kinship obligation leave - 5 days paid leave to attend ‘Sorry Business’ or related purposes.
  • NAIDOC leave - up to 3 hours of paid leave per annum to attend a NAIDOC march and approved activities.
  • By-law provisions included in the agreement (blood donation leave, defence leave and leave to engage in voluntary emergency management activities).
  • Gender transition leave - up to 12 months leave, inclusive of 4 weeks paid and 48 weeks unpaid leave.
  • Health screening leave - one hour paid leave per year for the purpose of undertaking a health screening test associated with a public health screening program.
  • Improved war service leave to recognise injury from war-like service.
  • Improved leave for voluntary emergency management activities including reasonable rest time.
  • Infectious disease leave acknowledging that if an employee suffers an injury or disease in the course of their employment they may be eligible for workers compensation entitlements.

Improvements for parents

  • Builds on current generous paid parental leave provisions (14 weeks after 12 months service, 18 weeks after 5 years services).
  • Expanded definition of ‘continuous service’ under parental leave.
  • Improvements to payment of employer superannuation guarantee contributions (SG) during the first 12 months of parental leave:
    • SG paid during paid and unpaid partner leave provided the employee’s spouse is also an NTPS employee
    • SG paid at double the legislated rate during a period of paid primary caregiver leave or special maternity leave (stillbirth).
  • New pre-natal leave provision - up to 8 hours leave for pregnancy related medical appointments.
  • Improved provision for employees returning from parental leave - right to return on a part-time basis for at least 6 months, where the employee so choses (replacing ‘right to request’).
  • Foster and kinship carer leave - improved to provide 2 days paid leave to attend permanent care order interviews.
  • Pre-adoption leave - improved to provide paid leave to attend interviews or examinations required in order to obtain approval for the employee’s adoption of a child.

Dispute settling procedures

  • Removal of the current exemptions regarding refusals for flexible work or to extend parental leave.

Union delegate training leave

  • Removal of the existing 12 month service requirement to be eligible for paid union delegate training leave.

Flexible work improvements

  • Ability to purchase up to 8 weeks additional leave per year.
  • Only CEOs will have the authority to refuse an employee’s request to work from home.
  • Removal of forfeiture of flex-time.

Safe and healthy work environment

  • Provides a commitment to supporting sector-wide guidelines to ensure work health and safety of employees, and providing reasonable unscheduled short breaks.

Excess travel time

  • Employees above the salary barrier up to a maximum salary payable to an Aboriginal Health Practitioner will be entitled to accrue TOIL.

Work life balance

  • Employees would continue to have access to the work life balance options provided under the current agreement and can only be refused on reasonable business grounds.

Types of employment

  • A new clause to provide definitions of the types of employment in the agreement with improved conditions for casuals.

Facilitative clause

  • A facilitative clause provision that provides for restrictive duty and overtime to be paid above the AHP4 salary barrier in exceptional circumstances.

Qualifications

  • The Aboriginal Health Practitioner qualification titles to be replaced with the Australian qualification framework levels to allow Aboriginal Health Practitioners to move into a speciality field under the current structure and refining the descriptions for the AHP levels.

Have your say - your feedback is important

Should you wish to express a view on the proposals or make a suggestion, you can provide your feedback to me by email to enquiries.ocpe@nt.gov.au.

Next Steps

I have asked the union to provide me with feedback on 7 October 2022.

More information

Regular updates in relation to the bargaining process will be posted to this page.

For general bargaining information, go to the Fair Work Commission website or you can contact the Fair Work Commission information line on 1300 799 675.

Vicki Telfer PSM
Commissioner for Public Employment
28 September 2022


Last updated: 28 September 2022

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